Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.
The PRESIDENT Pro Tempore 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, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Luther Carl Knight, 103 Annie Circle, Summerville, S.C. 29483 VICE Joseph W. Cunningham
Initial Appointment, Georgetown County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Elaine C. Elliott, 3613 Old Pee Dee Road, Hemingway, S.C. 29554 VICE Mary Alice Williams (resigned)
Initial Appointment, Laurens County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Thomas L. Copeland, 122 Edgewood Circle, Clinton, S.C. 29325
Initial Appointment, Laurens County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Chief Robin Morse, 205 Wardlaw Road, Laurens, S.C. 29360 VICE James A. Davis
Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2005, and to expire June 30, 2009
2nd Congressional District:
Frank Clark, P. O. Box 465, Irmo, S.C. 29341
Referred to the Committee on Labor, Commerce and Industry.
The following were received and referred to the appropriate committees for consideration:
Document No. 2955
Agency: Department of Public Safety
SUBJECT: Motorist Insurance Identification Database Regulations (Repeal)
Received by Lieutenant Governor February 8, 2005
Referred to Transportation Committee
Legislative Review Expiration June 8, 2005
Document No. 2959
Agency: Budget and Control Board
SUBJECT: Data Reporting Requirements Pertaining to South Carolina Hospitals; Data Reporting Requirements Pertaining to Submission of Ambulatory Encounter Data; Data Release for Medical Encounter Data and Financial Reports
Received by Lieutenant Governor February 9, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration June 9, 2005
The following was received:
Document No. 2951
Agency: Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
SUBJECT: Inactive or Retired Status Licenses
Received by Lieutenant Governor January 11, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2005
Withdrawn and Resubmitted May 11, 2005
Senator GROOMS introduced Dr. William Hueston of Charleston, S.C., Doctor of the Day.
At 2:00 P.M., Senator CROMER requested a leave of absence from 2:15 - 5:15 P.M today.
S. 305 (Word version) -- Senators Peeler, J. Verne Smith, Short, Alexander, Hayes and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING ADMINISTERING CARE MANAGEMENT PROGRAMS FOR ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS OF DIRECTORS OF ALL STATE AGENCIES RECEIVING MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE GROWTH OF MEDICAID AND IMPROVING THE STATE MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND REVIEWS OF STATE AGENCIES RECEIVING MEDICAID FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO, AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING PROVISIONS REQUIRING AUDITS, SANCTIONS, AND CONTRACTING WITH OTHER ENTITIES TO PREVENT MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT NAMES AND OTHER IDENTIFYING INFORMATION TO THE DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD PARTY LIABILITY AND DRUG REBATE COLLECTION EFFORTS FROM THE REVENUE COLLECTED IN THOSE EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO NURSING HOME BED FRANCHISE FEES.
On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 305.
Senator COURSON asked unanimous consent to make a motion that Senators MATTHEWS, PINCKNEY and COURSON be granted leave for the purpose of attending a higher education subcommittee meeting and be counted in any quorum calls.
There was no objection.
The following were introduced:
S. 428 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 429 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 430 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 431 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 432 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 433 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 434 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 435 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 436 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 437 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 438 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 439 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 440 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 441 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 442 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 443 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 444 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 445 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 446 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 447 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 448 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 449 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 450 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 451 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 452 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 453 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 454 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 455 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM AND COACHING STAFF ON THEIR FIRST UNDEFEATED SEASON AND TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 456 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND ACT 470 OF 2000, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT 3 OF YORK COUNTY ARE ELECTED, SO AS TO CLARIFY THE BOUNDARIES OF CERTAIN ELECTION DISTRICTS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator HAYES, with unanimous consent, S. 456 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 457 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND ACT 469 OF 2000, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CLARIFY THE BOUNDARIES OF CERTAIN ELECTION DISTRICTS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator HAYES, with unanimous consent, S. 457 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 458 (Word version) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2007, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2005 TO 2007 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT AND BEFORE JULY 1, 2007, MAY APPLY, AT THE INSURER'S OPTION, THE MINIMUM VALUES AS PROVIDED IN THIS ACT ON CERTAIN ANNUITIES ON A CONTRACT-FORM-BY-CONTRACT-FORM BASIS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 459 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-427 SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF TRIDENT TECHNICAL COLLEGE MAY ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM.
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Read the first time and referred to the Committee on Education.
S. 460 (Word version) -- Senators Campsen, Knotts, Elliott, McConnell, Malloy, Gregory, Hutto, Ryberg, Short, Sheheen, Thomas, Bryant, Mescher and Cromer: A BILL TO ENACT THE TAXPAYER INFLATION PROTECTION ACT BY AMENDING SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INDIVIDUAL INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT, AND TO DELETE REDUNDANT LANGUAGE.
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Read the first time and referred to the Committee on Finance.
S. 461 (Word version) -- Senators Campsen, Bryant, Ryberg, Gregory, Martin and Cromer: A BILL ENACTING THE SOUTH CAROLINA UNEMPLOYMENT BENEFITS REFORM ACT BY AMENDING SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATIONS FOR RECEIVING UNEMPLOYMENT BENEFITS PAID PURSUANT TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT AN INDIVIDUAL IS INELIGIBLE TO RECEIVE BENEFITS OTHERWISE DUE UNTIL ALL SEVERANCE PAY HOWEVER DESCRIBED HAS BEEN DEDUCTED FROM WEEKLY BENEFITS AS THEY BECOME PAYABLE.
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Read the first time and referred to the Committee on Judiciary.
S. 462 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.
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Read the first time and referred to the Committee on Judiciary.
S. 463 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, SO AS TO INCLUDE DEBRIS THAT INADVERTENTLY OR INTENTIONALLY FALLS FROM A MOVING VEHICLE CREATING A ROAD HAZARD AND TO PROVIDE FOR A CRIMINAL VIOLATION AND PENALTY WHEN GREAT BODILY INJURY OR DEATH RESULTS FROM THE ROAD HAZARD.
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Read the first time and referred to the Committee on Judiciary.
S. 464 (Word version) -- Senators Knotts, Scott, Bryant, Thomas, Land, Alexander, Sheheen, Leventis, Hayes, O'Dell, Setzler, Mescher, Campsen, Cleary, Cromer, Ryberg and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-70 SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY AUTHORIZE A SHERIFF'S DEPARTMENT TO CONDUCT A CRIMINAL HISTORY BACKGROUND INVESTIGATION THAT THE DIVISION OTHERWISE IS REQUIRED TO CONDUCT.
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Read the first time and referred to the Committee on Judiciary.
S. 465 (Word version) -- Senators Martin and Ritchie: A BILL TO AMEND SECTION 42-9-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSIGNMENT OF COMPENSATION CLAIMS UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO ESTABLISH PENALTIES FOR LATE PAYMENT OF CHARGES FOR HEALTH CARE GOODS OR SERVICES AND TO PROVIDE THAT PAYMENT MUST BE MADE DIRECTLY TO THE PROVIDER RATHER THAN TO THE CLAIMANT.
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Read the first time and referred to the Committee on Judiciary.
S. 466 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.
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Read the first time and referred to the Committee on Transportation.
S. 467 (Word version) -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT UPON EXECUTION OF AN APPROPRIATE CONTRACT THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH IS AUTHORIZED TO TRANSFER A CERTAIN SUM OF MONEY FROM AN ACCOUNT DESIGNATED FOR THE PURCHASE OR CONSTRUCTION OF A CHILD AND ADOLESCENT FACILITY AT THE CATAWBA COMMUNITY MENTAL HEALTH CENTER TO THE FRIENDS OF THE FAMILY CENTER, A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF RAISING ADDITIONAL FUNDING TO PURCHASE A SUITABLE BUILDING TO SERVE AS A CHILD AND ADOLESCENT MENTAL HEALTH FACILITY TO BE NAMED THE CATAWBA FAMILY CENTER.
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Read the first time and referred to the Committee on Finance.
H. 3130 (Word version) -- Reps. Scarborough, Harrell, Vaughn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 18, TITLE 41, TO ENACT THE "SOUTH CAROLINA RIDER SAFETY ACT" SO AS TO REQUIRE RIDERS OF AMUSEMENT AND CARNIVAL DEVICES TO COMPLY WITH CERTAIN SAFETY REQUIREMENTS, TO REPORT INJURIES IN A TIMELY MANNER, TO REQUIRE OWNERS OF SUCH DEVICES TO POST SIGNS RELATING TO RIDER SAFETY, AND TO ESTABLISH A MISDEMEANOR FOR VIOLATIONS OF THIS ARTICLE; AND TO DESIGNATE SECTIONS 41-18-10 THROUGH 41-18-150 AS ARTICLE 1, CHAPTER 18, TITLE 41, AND TO NAME THAT ARTICLE "GENERAL PROVISIONS".
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3460 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, AS AMENDED, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO CHANGE REFERENCES FROM DORCHESTER VOCATIONAL EDUCATION TO DORCHESTER COUNTY CAREER AND TECHNOLOGY CENTER AND TO UPDATE LANGUAGE, TO PROVIDE THAT THE TWO MEMBERS APPOINTED FROM THE SCHOOLS DISTRICTS MUST NOT BE VOTING MEMBERS BUT SHALL SERVE EX OFFICIO, AND TO PROVIDE THAT THE OPERATIONAL BUDGET MUST BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3480 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO CONGRATULATE MR. VERNON POTTENGER OF BEAUFORT COUNTY FOR BEING ELECTED AS THE 2005 PRESIDENT OF THE HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA, A TRADE ASSOCIATION REPRESENTING OVER FIVE THOUSAND FIVE HUNDRED SOUTH CAROLINA HOME BUILDERS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3481 (Word version) -- Reps. Brady, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, 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, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE MEMBERS OF BETH SHALOM SYNAGOGUE AS THEY CELEBRATE THEIR ONE HUNDREDTH ANNIVERSARY AS THE ONLY CONSERVATIVE SYNAGOGUE IN RICHLAND COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3501 (Word version) -- Reps. J. H. Neal, 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. 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 COMMEND LARRY L. PALMER, UNITED STATES AMBASSADOR TO THE REPUBLIC OF HONDURAS, FOR HIS DISTINGUISHED CAREER AND MANY YEARS OF SERVICE TO HIS COUNTRY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 46 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a favorable report on:
S. 96 (Word version) -- Senators Courson, Elliott, Verdin and Ford: A BILL TO AMEND SECTION 43-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE GOVERNOR'S OFFICE, SO AS TO PLACE THIS DIVISION IN THE OFFICE OF THE LIEUTENANT GOVERNOR AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 43-21-20, 43-21-45, 43-21-60, 43-21-70, AND 43-21-100, ALL AS AMENDED, SECTION 43-21-110, AND 43-21-150, AS AMENDED, ALL RELATING TO THE DIVISION ON AGING AND THE ADVISORY COUNCIL, SO AS TO MAKE TECHNICAL CORRECTIONS TO CONFORM PROVISIONS TO AMENDMENTS SET FORTH IN THIS ACT; AND TO REPEAL SECTIONS 43-21-120, 43-21-130, AND 43-21-140, RELATING, RESPECTIVELY, TO THE COORDINATING COUNCIL AND THE LONG TERM CARE COUNCIL AND ITS DUTIES.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable report on:
S. 135 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKERS' COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES MUST APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKERS' COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKERS' COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a favorable report on:
S. 195 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION EXPRESSING THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT ALL FUTURE EDITIONS OF THE LEGISLATIVE MANUAL CONTAIN THE NAMES OF EACH SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND CONTACT INFORMATION.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a favorable report on:
S. 216 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND PURPOSES OF MILITARY CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MAKE-UP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 255 (Word version) -- Senator Grooms: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LABELING AND MARKETING OF EGGS, SO AS TO FURTHER PROVIDE FOR THE REGULATION INCLUDING LICENSING OF SELLERS OF EGGS BY THE DEPARTMENT OF AGRICULTURE AND REQUIREMENTS FOR LABELING AND REFRIGERATED STORING OF EGGS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 389 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.
Ordered for consideration tomorrow.
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 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.
S. 291 (Word version) -- Senators Gregory and Knotts: 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.
S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher and Williams: 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.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator LAND asked unanimous consent to make a motion to take up the following amendment for immediate consideration.
There was no objection.
Senator LAND proposed the following amendment (LAND-184), which was adopted:
Amend the joint resolution, as and if amended, page 1, line 26 by striking and inserting the following:
/ Williamsburg, Horry, Georgetown, Berkeley, Charleston, Sumter, and Clarendon; and /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the third time and ordered sent to the House of Representatives.
On motion of Senator WILLIAMS, with unanimous consent, the name of Senator WILLIAMS was added as a co-sponsor of S. 184.
The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:
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.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
Senator GREGORY explained the Bill.
On motion of Senator LEATHERMAN, 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.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 306 (Word version) -- Senators Peeler, Short and Ford: 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 House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator PEELER asked unanimous consent to recommit the Bill to the Committee on Medical Affairs.
There was no objection, and the Bill was recommitted.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
Senators HUTTO, SHORT and MALLOY proposed the following Amendment No. P-1 (SJ-83-17):
Amend the amendment, as and if amended, page 4, lines 40 through 42 and continuing on page 5, lines 1 through 2 by striking and inserting the following:
/ (D) (1) The limitations of this section on the recovery of non-economic damages from a health care provider or health care institution do not apply to actions in which the plaintiff has suffered paralysis. For purposes of this section, `paralysis' means quadriplegia or paraplegia; or
(2) The limitations of this section on the recovery of non-economic damages from a health care provider or health care institution do not apply to actions in which the plaintiff has suffered wrongful death. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN spoke on the amendment.
At 3:54 P.M., Senator COURSON assumed the Chair.
Senator MARTIN spoke on the amendment.
Senator LAND spoke on the amendment.
At 4:49 P.M., Senator HAYES assumed the Chair.
Senator LAND spoke on the amendment.
At 6:10 P.M., with Senator LAND retaining the floor, on motion of Senator MALLOY, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 6:16 P.M., the Senate resumed.
Senator LAND resumed speaking on the amendment.
Senator LEATHERMAN raised a Point of Order under Rule 26A that, following explanatory remarks by the chairman or subcommittee chairman, the Senate was to proceed directly to a consideration of any amendments.
Senator LAND spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
Senator HUTTO spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The ACTING PRESIDENT stated that the perfecting amendment was the question before the body although it had not been published.
Amendment No. P-1 was published.
Senator LAND spoke on the amendment.
Senator HUTTO argued in favor of the adoption of the amendment.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M.
Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Luther Carl Knight, 103 Annie Circle, Summerville, S.C. 29483 VICE Joseph W. Cunningham
Having received a favorable report from the Georgetown County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Georgetown County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Elaine C. Elliott, 3613 Old Pee Dee Road, Hemingway, S.C. 29554 VICE Mary Alice Williams (resigned)
Having received a favorable report from the Laurens County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Laurens County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Thomas L. Copeland, 122 Edgewood Circle, Clinton, S.C. 29325
Initial Appointment, Laurens County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Chief Robin Morse, 205 Wardlaw Road, Laurens, S.C. 29360 VICE James A. Davis
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bobby Joe Wilson of Dacusville (Pickens County), S.C. Mr. Wilson had been an educator for thirty years and was fondly remembered as Senator MARTIN's ninth grade English teacher.
At 7:02 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:30 A.M.
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