Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Director, Department of Insurance, with term coterminous with Governor

Director:

Eleanor L. Kitzman, 19 Fishers Mill Dr., Columbia, S.C. 29206 VICE Ernist N. Csiszar

Referred to the Committee on Banking and Insurance.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2001, and to expire May 19, 2008

Georgetown County:

Carl Owens Falk, 202 Sea Oats Circle, Pawleys Island, S.C. 29585 VICE Guerry Green

Referred to the Committee on Judiciary.

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2001, and to expire June 30, 2005

4th Congressional District:

Paul Aughtry, Windsor/Aughtry Co., 25 Woods Lake Rd., Building 6, Suite 600, Greenville, S.C. 29607 VICE Mark Baruch Kent (resigned)

Referred to the Committee on Medical Affairs.

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

Document No. 2939
Agency: Clemson University, State Crop Pest Commission
SUBJECT: Designation of Plant Pests
Received by Lieutenant Governor February 7, 2005
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration June 7, 2005

Senator SETZLER introduced Dr. W. F. Ward of West Columbia, S.C., Doctor of the Day.

On motion of Senator RITCHIE, at 12:00 P.M., Senator RICHARDSON was granted a leave of absence for today.

On motion of Senator GROOMS, at 12:00 P.M., Senator VERDIN was granted a leave of absence until 4:00 P.M. today.

On motion of Senator SETZLER, at 12:00 P.M., Senator DRUMMOND was granted a leave of absence until 4:00 P.M. today.

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, Verdin, Martin, J. Verne Smith, Ritchie and Reese: 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 HAWKINS, with unanimous consent, the names of Senators HAWKINS, PINCKNEY and MOORE were added as co-sponsors of S. 308.

S. 390 (Word version) -- Senators Moore and Setzler: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO REVISE CERTAIN ELIGIBILITY AND RETENTION REQUIREMENTS FOR THE SCHOLARSHIP INCLUDING A REQUIREMENT THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION, FOR PURPOSES OF LIFE SCHOLARSHIP ELIGIBILITY, MUST BE INCLUSIVE OF THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.

Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee.

Senator SETZLER asked unanimous consent to table the Bill once it was recalled from the Committee on Education.

There was no objection and the Bill was laid on the table.

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.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled from the committee.

Senator McCONNELL asked unanimous consent to commit the Bill to the Committee on Judiciary.

There was no objection.

The Bill was committed to the Committee on Judiciary.

The following were introduced:

S. 413 (Word version) -- Senators Hayes, Setzler and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA) OR WHO ARE LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION BEGINNING WITH FISCAL YEAR 2005-06, SHALL RECEIVE A PAY INCREASE OF SEVEN THOUSAND FIVE HUNDRED DOLLARS PER YEAR FOR THE LIFE OF THE CERTIFICATE OR LICENSE, SUBJECT TO FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
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Read the first time and referred to the Committee on Education.

S. 414 (Word version) -- Senators Moore and Setzler: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO REVISE ELIGIBILITY AND RETENTION REQUIREMENTS FOR THE SCHOLARSHIP BY INCLUDING A REQUIREMENT THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION, FOR PURPOSES OF LIFE SCHOLARSHIP ELIGIBILITY, MUST BE INCLUSIVE OF THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.
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Read the first time and referred to the Committee on Education.

S. 415 (Word version) -- Senators Fair, Thomas, Verdin, Campsen, Grooms and Bryant: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A PALMETTO FELLOWS SCHOLARSHIP IS AVAILABLE TO AN ELIGIBLE RESIDENT STUDENT WHO ATTENDS OR WILL ATTEND A PUBLIC OR INDEPENDENT INSTITUTION, AND TO DEFINE CERTAIN TERMS.
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Read the first time and referred to the Committee on Education.

S. 416 (Word version) -- Senators Leatherman, Land, Alexander, Grooms, Matthews, Verdin, Ritchie, Rankin, Williams, Ryberg, Campsen, Setzler, J. Verne Smith, Knotts, Scott, Sheheen, Fair, Mescher, Lourie and Gregory: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.
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Read the first time and referred to the Committee on Finance.

S. 417 (Word version) -- Senator Hayes: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
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Read the first time and referred to the Committee on Judiciary.

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

S. 419 (Word version) -- Senators Fair, Cromer, Thomas, Verdin, Campsen, Grooms and Bryant: A BILL TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO INCREASE THE AGE OF A VICTIM FROM LESS THAN SIXTEEN YEARS OF AGE TO LESS THAN SEVENTEEN YEARS OF AGE WHEN THE ACTOR IS IN A POSITION OF FAMILIAL, CUSTODIAL, OR OFFICIAL AUTHORITY TO COERCE THE VICTIM OR IS OLDER THAN THE VICTIM.
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Read the first time and referred to the Committee on Judiciary.

S. 420 (Word version) -- Senators Ryberg, Land, Verdin, Knotts, Hawkins, Grooms, O'Dell, Peeler, Ford, Rankin, Elliott, Fair, Malloy, Reese, J. Verne Smith and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 421 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-645 SO AS TO ENACT "ELLEN'S LAW" TO REQUIRE A COURT TO MAKE WRITTEN FINDINGS OF FACT CONCERNING, AMONG OTHER THINGS, THE NATURE AND EXTENT OF A PERSON'S PRIOR CRIMINAL SEXUAL CONDUCT CONVICTIONS BEFORE RELEASING THE PERSON ON BOND OR SUSPENDING THE IMPOSITION OR EXECUTION OF A SENTENCE FOR CRIMINAL SEXUAL CONDUCT; AND TO REQUIRE A PSYCHOLOGICAL EVALUATION OF A PERSON WHO HAS SUCH A PRIOR RECORD BEFORE SUCH RELEASE.
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Read the first time and referred to the Committee on Judiciary.

S. 422 (Word version) -- Senators McConnell, Hayes and Campsen: A BILL TO AMEND ARTICLE 7, TITLE 62 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUST ADMINISTRATION, SO AS TO ENACT THE UNIFORM TRUST CODE BY PROVIDING A COMPREHENSIVE CODIFICATION OR RECODIFICATION OF MUCH OF EXISTING TRUST LAW AND SUPPLEMENTING EXISTING COMMON LAW UNLESS THE CODE SPECIFICALLY CONTRADICTS IT, AND PROVIDING, AMONG OTHER THINGS, FOR GENERAL PROVISIONS AND DEFINITIONS INCLUDING A DEFINITION FOR "QUALIFIED BENEFICIARY" AND AN APPLICATION OF THE STATE'S WILL CONSTRUCTION RULES TO THE CONSTRUCTION OF TRUSTS WHEN APPROPRIATE; FOR JUDICIAL PROCEEDINGS AND REPRESENTATION BY OTHERS, ESSENTIALLY RECODIFYING EXISTING VENUE, JURISDICTION, AND REPRESENTATION PROVISIONS; FOR THE RULES FOR CREATION OF TRUSTS INCLUDING THAT A SELF-SETTLED TRUST MUST BE IN WRITING, THAT A TRUST PURPOSE BE LAWFUL AND ACHIEVABLE, THAT A VALID NONCHARITABLE TRUST MAY BE CREATED WITHOUT DEFINITE BENEFICIARIES IN ONLY CERTAIN INSTANCES, THAT AN EARLY TERMINATION OR MODIFICATION OF A NONAMENDABLE IRREVOCABLE TRUST REQUIRES COURT APPROVAL, THAT A COURT MAY MODIFY THE ADMINISTRATIVE OR DISPOSITIVE PROVISIONS OF A TRUST, AND THAT A TRUST MAY BE TERMINATED IF IT CANNOT JUSTIFY ITS ADMINISTRATIVE COSTS, MODIFIED TO ACCOMPLISH THE SETTLOR'S TAX OBJECTIVES, OR DIVIDED OR COMBINED WITH OTHERS TO FACILITATE ADMINISTRATION; FOR RETENTION OF THE ABILITY OF THE SETTLOR'S CREDITORS TO REACH THE TRUST PROPERTY IN A TRUST; FOR THE VALIDITY SPENDTHRIFT PROVISION EXCEPT AS TO CHILD SUPPORT AND PROTECTION OF THE SPECIAL NEEDS TRUST; FOR THE PRESUMED REVOCABILITY INSTEAD OF IRREVOCABILITY OF A TRUST, CLARIFICATION OF THE MENTAL CAPACITY FOR CREATING A REVOCABLE TRUST, AND A STATUTE OF LIMITATIONS FOR CONTESTING A REVOCABLE TRUST; AND FOR RULES FOR THE OFFICE OF TRUSTEE, INCLUDING RESIGNATION AND REMOVAL, DUTIES AND POWERS OF TRUSTEES, INCLUDING THE ESSENCE OF SOUTH CAROLINA'S UNIFORM TRUSTEES POWERS ACT AND THE UNIFORM PRUDENT INVESTORS ACT, ADDING A BROADER TRUSTEE POWER AND A STANDARD OF CARE FOR TRUSTEE MATTERS IN ADDITION TO INVESTMENT AND MANAGEMENT, AND THE UNIFORM PRINCIPAL AND INCOME ACT GOVERNING FIDUCIARY ACCOUNTING PRINCIPALS, SUBSTANTIAL RETENTION OF EXISTING LAW CONCERNING LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH THEM, AND APPLICATION OF THESE PROVISIONS TO EXISTING RELATIONSHIPS; TO AMEND SECTION 27-6-50, RELATING TO EXCEPTIONS TO THE RULE AGAINST PERPETUITIES, SECTION 33-31-152, RELATING TO RIGHTS OF STATES AS TO CORPORATIONS, SECTION 34-15-10, AS AMENDED, RELATING TO A BANK ACTING AS FIDUCIARY, SECTION 62-3-703, RELATING TO GENERAL DUTIES OF A PERSONAL REPRESENTATIVE, SECTION 62-3-913, RELATING TO DISTRIBUTION BY A PERSONAL REPRESENTATIVE TO A TRUSTEE, AND SECTION 62-5-417, RELATING TO THE GENERAL DUTY OF A CONSERVATOR, ALL SO AS TO AMEND CROSS REFERENCES TO CONFORM TO THIS ACT; AND TO REPEAL SECTION 27-5-70.
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Read the first time and referred to the Committee on Judiciary.

S. 423 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING PART 5 TO CHAPTER 5, TITLE 37 SO AS TO ENACT THE SOUTH CAROLINA CONSUMER REPORT SECURITY FREEZE ACT, PROVIDING FOR A FREEZE ON THE RELEASE OF A CONSUMER FILE BY A CONSUMER CREDIT REPORTING AGENCY UPON THE REQUEST OF A CONSUMER WHO IS THE VICTIM OF IDENTITY THEFT, PROCEDURES FOR IMPLEMENTING AND REMOVING THE FREEZE, APPLICABILITY OF AND EXEMPTIONS FROM THE FREEZE, AND PENALTIES FOR VIOLATION OF THESE PROVISIONS.
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Read the first time and referred to the Committee on Banking and Insurance.

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

S. 425 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG SOUTH CAROLINA HIGHWAY 9 IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HOOVER FAY BELL BRIDGE".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 426 (Word version) -- Senator Land: A BILL TO AMEND ACT 355 OF 2004, RELATING TO THE CLARENDON COUNTY SCHOOL DISTRICTS' PROPERTY TAX RELIEF ACT, AND THE ONE PERCENT SALES TAX AUTHORIZED TO BE IMPOSED IN CLARENDON COUNTY FOR SCHOOL CONSTRUCTION, SO AS TO DELETE THE EXEMPTION ALLOWED IN THE CLARENDON COUNTY SALES AND USE TAX FOR FOOD WHICH MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

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

H. 3428 (Word version) -- Reps. W. D. Smith, Sinclair, Walker, Davenport, Lee, Littlejohn, Mahaffey and Talley: A JOINT RESOLUTION AUTHORIZING THE CITY OF SPARTANBURG TO MOVE THE STATUE OF REVOLUTIONARY WAR GENERAL DANIEL MORGAN IN CONNECTION WITH THE CITY'S PLAN TO UPGRADE DANIEL MORGAN SQUARE.

Read the first time and ordered placed on the Local and Uncontested Calendar.

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

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3443 (Word version) -- Reps. Hinson, Young, Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines, M. Hines, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, J. H. Neal, J. M. Neal, Norman, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE FEBRUARY 4, 2005, AS "NATIONAL RED DRESS DAY" IN SOUTH CAROLINA AND ENCOURAGE ALL SOUTH CAROLINIANS TO WEAR RED ON THIS DAY TO HELP PROMOTE PUBLIC AWARENESS OF HEART DISEASE IN WOMEN.

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

H. 3444 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE WACCAMAW HIGH SCHOOL "LADY WARRIORS" GIRLS TENNIS TEAM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS A-AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THESE EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

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

H. 3445 (Word version) -- Reps. Taylor, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND ACKNOWLEDGE THE OUTSTANDING CONTRIBUTIONS OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) TO OUR NATION'S PROUD TRADITION OF LEADERSHIP IN SPACE EXPLORATION AND SCIENTIFIC DISCOVERY AND TO DECLARE THIS STATE'S FULL SUPPORT FOR NASA'S VISION FOR THE SPACE EXPLORATION PROGRAM.

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

H. 3446 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. LUCILLE HALLMAN HOLMAN OF COLUMBIA, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR CONTINUED GOOD HEALTH AND HAPPINESS.

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

H. 3447 (Word version) -- Reps. Viers, Edge, Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JAMES M. "JIM" SESSIONS OF CONWAY UPON HIS RECENT DEATH.

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

H. 3448 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS A WARM WELCOME BY THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MARIA DO CARMO REBOUCAS DA CRUZ OF WASHINGTON, D.C., AS SHE VISITS THE STATE TO PARTICIPATE IN BLACK HISTORY MONTH EVENTS IN COLUMBIA, SOUTH CAROLINA, ON WEDNESDAY, FEBRUARY 16, 2005.

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

H. 3449 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE H. BRYANT OF RICHLAND COUNTY ON BEING INSTALLED AS A DEACON AND CHAIRMAN OF CORPORATE MISSIONS FOR GREATER FAITH UNITED MISSIONARY BAPTIST CHURCH, AND TO WISH HIM CONTINUED SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 3450 (Word version) -- Reps. Chalk, Clark, M. Hines, Bales, Agnew, Anderson, Anthony, Ballentine, Brady, Branham, R. Brown, Ceips, Clemmons, Edge, Emory, Govan, Haley, Hardwick, Haskins, Herbkersman, J. Hines, Martin, Moody-Lawrence, Norman, Rivers, Scarborough, Sinclair, G. R. Smith, J. R. Smith, W. D. Smith, Umphlett, Vaughn, Whitmire, Wilkins, Witherspoon, Young, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Hagood, Hamilton, Harrell, Harrison, Harvin, Hayes, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rutherford, Sandifer, Scott, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Vick, Viers, Walker, Weeks, Whipper and White: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 15, 2005, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN OUR STATE.

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

H. 3468 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF FIRST LIEUTENANT ANDREW C. SHIELDS, OF SPARTANBURG COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

Senator ALEXANDER from the Committee on Education polled out H. 3374 favorable:

H. 3374 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Ceips, Chalk, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND SALUTE THE COURAGEOUS PEOPLE OF IRAQ WHO, BECAUSE OF THEIR UNRELENTING DESIRE FOR FREEDOM, WILL VOTE ON SUNDAY, JANUARY 30, 2005, TO ELECT THEIR NEW LEADERS.

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

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:

H. 3379 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 1 AND 7 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2005.

Ordered for consideration tomorrow.

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

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

H. 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.

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

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.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 23.

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.

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.

Senator FORD spoke 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 third reading of the Bill.

Senator RYBERG asked unanimous consent to take up the amendment for immediate consideration.

There was no objection.

Senator RYBERG proposed the following amendment (106R001.WGR), which was adopted:

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

/         the contract's promisee, or any agents, employees, servants, or       /

Amend the bill, as and if amended, SECTION 1, page 2, by striking line 18 and inserting:

/         liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier, its         /

Amend the bill further, as and if amended, SECTION 1, page 2, by striking line 25 and inserting:

/         America, as that agreement may be amended by the   /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

The following Bill and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:

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 MUNICIPAL INCORPORATION.

Senator McCONNELL explained the Bill.

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.

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 184.

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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Senator GREGORY proposed the following amendment (145R001.CKG), which was adopted:

Amend the committee amendment, as and if amended, by striking in its entirety Section 50-13-390, and inserting:

/ "Section 50-13-390.   (A)   Notwithstanding another provision of law, no more than one Arkansas blue catfish over thirty-six inches may be taken from the waters of Lakes Marion and Moultrie by any one person in one day. The provisions of this section apply to commercial as well as recreational fishermen.

(B)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each fish over the limit constitutes a separate violation." /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

The Committee on Fish, Game and Forestry proposed the following amendment (MS\7141AHB05), which was adopted:

Amend the bill, as and if amended, by striking in its entirety Section 50-13-390, as contained in SECTION 1, and inserting:

/ "Section 50-13-390.   (A)   Notwithstanding another provision of law, 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. The provisions of this section apply to commercial as well as recreational fishermen.

(B)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each fish over the limit constitutes a separate violation." /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (DKA\3169DW05), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.   Chapter 1, Title 50 of the 1976 Code is amended by adding:

"Section 50-1-145.   Except for law enforcement or military personnel, it is unlawful to possess a shotgun loaded with buckshot or larger ammunition or a rifle loaded with ammunition larger than .22 in a water conveyance on the waters of this State. For purposes of this section, 'loaded' means any ammunition contained in any part of the weapon including a removable magazine or clip. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days."

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20220SD05), which was adopted:

Amend the bill, as and if amended, in Section 50-9-510(15) of the 1976 Code, as contained in SECTION 1, by adding after /dollars / on line 26, page 1 / ; provided, that those persons who have attained the age of sixty-five on or before July 1, 2005, may obtain this license at no cost /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 291.

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 AND TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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.

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

Senator MARTIN spoke on the Bill.

On motion of Senator MARTIN, debate was interrupted by adjournment.

On motion of Senator MALLOY, with unanimous consent, the Senate stood adjourned in memory of Ms. Mary Lily Grant of Bishopville, S.C.

At 12:51 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 2:00 P.M.

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