Indicates Matter Stricken
Indicates New Matter

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

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear a portion of the prayer prayed by our first President, George Washington, as we pray in honor of Presidents Day:

"Almighty God: We make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another.

And, finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author!"
Amen!

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:

Reappointment, Charleston County Master-in-Equity, with term to commence December 24, 2004, and to expire December 24, 2010

At-Large:

Hon. Mikell R. Scarborough, 100 Broad Street, Suite 266, Charleston, S.C. 29401

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2004, and to expire May 19, 2011

At-Large - Chairman:

Guerry E. Green, Screen Tight, One Better Way, Georgetown, S.C. 29449 VICE T. Graham Edwards

Referred to the Committee on Judiciary

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009

Horry:

John T. Molnar, 23 South Gate Road, Myrtle Beach, S.C. 29572 VICE Vernie Dove

Referred to the Committee on Judiciary

Senator JACKSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.

S. 361 (Word version) -- Senators Peeler, Ritchie, Thomas, Hawkins and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.

On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 361.

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, Reese, Hawkins, Pinckney and Moore: 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 ELLIOTT, with unanimous consent, the names of Senators ELLIOTT and GREGORY were added as co-sponsors of S. 308.

The following were introduced:

S. 513 (Word version) -- Senators Richardson, McConnell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE REPAIR BUSINESS TO ADMINISTER INSURANCE CLAIMS FOR MOTOR VEHICLE REPAIRS.
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Read the first time and referred to the Committee on Judiciary.

S. 514 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND JERRY GUO OF GREER UPON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD, TO RECOGNIZE HIM FOR AN OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, AND TO EXTEND TO HIM BEST WISHES IN ALL HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 515 (Word version) -- Senator Land: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3193 (Word version) -- Reps. W. D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.

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

H. 3372 (Word version) -- Reps. Rhoad, Whipper, Bowers, E. H. Pitts, Vick, Phillips, Witherspoon, Tripp, Anderson, Anthony, Barfield, Branham, Breeland, G. Brown, R. Brown, Dantzler, Frye, Hamilton, Hardwick, Haskins, Kirsh, Leach, McGee, Owens, Perry, Pinson, Rice, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Toole, Umphlett and Young: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.

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

H. 3498 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 11 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 9 THE "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3587 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ELIZABETH VICTOR, A SENIOR AT AIKEN HIGH SCHOOL, FOR DEVELOPING AND IMPLEMENTING A GIRLS AGAINST BULLIES (GAB) MENTORING PROGRAM IN HER COMMUNITY WHICH HAS PROVIDED SO MUCH HELP TO ELEMENTARY AND MIDDLE SCHOOL GIRLS WHO HAVE EXPERIENCED AGGRESSION FROM PEERS IN A SCHOOL SETTING.

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

H. 3589 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO HONOR REVEREND JOHNNIE MCLENDON AND FIRST LADY BARBARA MCLENDON AND TO RECOGNIZE THEIR SERVICE AND COMMITMENT TO FISHER HILL COMMUNITY BAPTIST CHURCH OF CHERAW, SOUTH CAROLINA, AND THEIR LOCAL COMMUNITY.

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

H. 3595 (Word version) -- Reps. Merrill, Hinson, Whipper, Limehouse, Young, Harrell, Umphlett, Miller, Altman, R. Brown, Chellis, Dantzler, Hagood, Jefferson and Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND WARREN LASCH FOR HIS ENTHUSIASM, COMMITMENT, AND WORK ETHIC ON THE RECOVERY, RESTORATION, AND DISPLAY OF THE H. L. HUNLEY AS HE RESIGNS FROM HIS POSITION AS CHAIRMAN OF THE FRIENDS OF THE HUNLEY, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

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

S. 497 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 30, 2005, AS "YORK COUNTY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 498 (Word version) -- Senators Scott, Matthews and Grooms: A CONCURRENT RESOLUTION TO COMMEND DR. BARBARA A. KINGSBY-STROBLE, ASSISTANT SUPERINTENDENT FOR DORCHESTER COUNTY SCHOOL DISTRICT TWO FOR A LIFETIME OF DEDICATION AND DEVOTION TO THE FIELD OF PUBLIC EDUCATION, AND TO WISH HER CONTINUED SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

Columbia, S.C., February 22, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

Reappointment, Charleston County Master-in-Equity, with term to commence December 24, 2004, and to expire December 24, 2010

At-Large:

Hon. Mikell R. Scarborough, 100 Broad Street, Suite 266, Charleston, S.C. 29401

Very respectfully,
Speaker of the House

Received as information.

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

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

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.

S. 395 (Word version) -- Senators Cromer and Knotts: A SENATE RESOLUTION TO ESTABLISH MARCH AS IRISH HERITAGE MONTH IN CELEBRATION AND APPRECIATION OF ALL THE CONTRIBUTIONS THAT IRISH IMMIGRANTS AND IRISH-AMERICANS HAVE MADE AND CONTINUE TO MAKE TO THIS NATION AND OUR STATE.

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

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.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators McCONNELL and HUTTO proposed the following amendment (JUD0136.012):

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

/   SECTION   1.   Section 15-3-640 of the 1976 Code is amended to read:

"Section 15-3-640.   No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than thirteen nine years after substantial completion of such an the improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes:

(1)   an action to recover damages for breach of a contract to construct or repair an improvement to real property;

(2)   an action to recover damages for the negligent construction or repair of an improvement to real property;

(3)   an action to recover damages for personal injury, death, or damage to property;

(4)   an action to recover damages for economic or monetary loss;

(5)   an action in contract or in tort or otherwise;

(6)   an action for contribution or indemnification for damages sustained on account of an action described in this subdivision section;

(7)   an action against a surety or guarantor of a defendant described in this section;

(8)   an action brought against any current or prior owner of the real property or improvement, or against any other person having a current or prior interest in the real property or improvement;

(9)   an action against owners or manufacturers of components, or against any person furnishing materials, or against any person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.

This section describes an outside limitation of thirteen nine years after the substantial completion of the improvement, within which normal statutes of limitations continue to run.

Any A building permit for the construction of an improvement to real property shall must contain in bold type notice to the owner or possessor of the property of his rights under this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond thirteen nine years after substantial completion of the improvement. The Department of Consumer Affairs shall publish in conspicuous places the right of any an owner or possessor to contract for such extended liability under this section. Nothing in this section shall prohibit any prohibits a person from entering into any a contractual agreement prior to the substantial completion of the improvement which extends any guarantee of a structure or component being free from defective or unsafe conditions beyond thirteen nine years after substantial completion of the improvement or component.

(10)   For any improvement to real property, a certificate of occupancy issued by a county or municipality shall constitute proof of substantial completion of the improvement under the provisions of Section 15-3-630, unless the contractor and owner, by written agreement, establish a different date of substantial completion."

SECTION   2.   The Department of Insurance shall review data reported on annual statements by liability insurers, including, but not limited to, paid claims, reserves, loss adjustment expenses, and such additional data as the department may require by promulgation of bulletin, to determine savings related to a decrease in litigation and claims paid pursuant to litigation after the effective date of this act. The department may require special reports from insurers to determine if savings are realized as a result of the provisions of this act. The department shall compile a report of savings realized and submit it for General Assembly review upon request. Costs or expenses associated with the compilation of this report of savings shall be paid by the insurers pursuant to the provisions of Chapter 13 of Title 38. The Department of Insurance shall review premium and losses by line of insurance to determine if appropriate adjustments have been made based upon the department estimates of savings realized pursuant to the provisions of this act.

SECTION   3.   Upon approval by the Governor:

(1)   SECTION 1 takes effect on July 1, 2005, and applies to improvements to real property for which certificates of occupancy are issued after the effective date; and

(2)   SECTION 2 takes effect.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

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.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 345 (Word version) -- Senator Martin: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 41, SO AS TO PROVIDE THAT IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE LIABILITY FOR EACH DEFENDANT IS SEVERAL ONLY AND MUST BE ALLOCATED TO THE DEFENDANTS BASED ON EACH DEFENDANT'S PERCENTAGE OF FAULT, TO ESTABLISH CRITERIA FOR ESTABLISHING THE PERCENTAGES OF FAULT, AND TO PROVIDE EXCEPTIONS FOR INTENTIONAL OR RECKLESS CONDUCT; TO AMEND SECTION 15-3-640, RELATING TO THE STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS, SO AS TO REDUCE THE STATUTE OF REPOSE FROM THIRTEEN TO SEVEN YEARS AND TO DEFINE "SUBSTANTIAL COMPLETION"; TO AMEND SECTION 15-7-30, RELATING TO VENUE FOR A CIVIL ACTION, SO AS TO ESTABLISH PROCEDURES FOR DETERMINING THE PROPER VENUE; TO AMEND SECTION 15-7-100, RELATING TO A CHANGE OF VENUE OF A CIVIL ACTION, SO AS TO PROVIDE THAT WHEN VENUE IS CHANGED, AN ACTION IS NOT SUBJECT TO THE PROCEDURES FOR DETERMINING PROPER VENUE; TO AMEND SECTION 15-36-10, RELATING TO FRIVOLOUS CIVIL PROCEEDINGS, SO AS TO ADOPT THE REASONABLE ATTORNEY STANDARD FOR CIVIL FILINGS BY ALL LITIGANTS AND TO REQUIRE THE REPORTING OF VIOLATIONS OF THE ARTICLE; TO AMEND SECTION 34-31-20, RELATING TO POSTJUDGMENT INTEREST, SO AS TO PROVIDE THAT POSTJUDGMENT INTEREST SHALL ACCRUE AT THE PRIME RATE PLUS FOUR PERCENT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION OF THE COURTS, SO AS TO REMOVE THE REQUIREMENT THAT JURISDICTION UNDER THIS SECTION PRECLUDES A CHANGE OF VENUE; BY ADDING SECTION 39-5-39, SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE FOR AN ATTORNEY TO ADVERTISE HIS SERVICES IN A FALSE, DECEPTIVE, OR MISLEADING WAY, INCLUDING THE USE OF A NICKNAME THAT CREATES AN UNREASONABLE EXPECTATION OF RESULTS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, RELATING TO INSURANCE SAVINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF INSURANCE MUST REVIEW DATA REPORTED BY LIABILITY INSURERS IN ORDER TO DETERMINE IF ANY SAVINGS ARE REALIZED AS A RESULT OF A DECREASE IN LITIGATION OR CLAIMS PAID AFTER THE EFFECTIVE DATE OF THIS ACT; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50, RELATING TO FRIVOLOUS CIVIL PROCEEDINGS; AND TO REPEAL SECTION 58-23-90, RELATING TO THE PROPER VENUE TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER.

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.

With Senator MARTIN retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, following the completion of the Joint Assembly, the Senate would stand adjourned.

Senator MARTIN spoke on the Bill.

With Senator MARTIN retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by the Joint Assembly.

The PRESIDENT appointed Senators ANDERSON, CAMPSEN and CLEARY to escort the Honorable Thomas Cadmus, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:00 Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of the following Concurrent Resolution adopted by both Houses:
H. 3293 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 22, 2005.

The Honorable Thomas Cadmus, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators ANDERSON, CAMPSEN and CLEARY and Representatives Anderson, Whitmire, Vaughn, Rivers and Pinson.

The PRESIDENT of the Senate introduced the Honorable Thomas Cadmus, National Commander of the American Legion.

Commander Cadmus addressed the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:55 P.M., the Senate reconvened.

Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:

Reappointment, Charleston County Master-in-Equity, with term to commence December 24, 2004, and to expire December 24, 2010

At-Large:

Hon. Mikell R. Scarborough, 100 Broad Street, Suite 266, Charleston, S.C. 29401

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Rita Elodie Rayland Hammond of Spartanburg, S.C.

At 12:59 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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