South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Printed Page 2528 . . . . . Thursday, May 5, 2005

Thursday, May 5, 2005
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator KNOTTS. (This is a Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home districts without effect on their session attendance record.)

Doctor of the Day

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 828 (Word version) -- Senators Cromer, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 TO CHAPTER 71, TITLE 38 SO AS TO ENACT THE "PHARMACY BENEFIT MANAGER LICENSURE AND SOLVENCY PROTECTION ACT" TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHARMACY BENEFIT MANAGERS, INCLUDING, AMONG OTHER THINGS, REQUIREMENTS TO OBTAIN A CERTIFICATE OF AUTHORITY TO ACT AS A PHARMACY BENEFITS MANAGER, REQUIREMENTS FOR RECORD MAINTENANCE, ANNUAL REPORTING, AND OPERATIONS; AND TO PROVIDE PROCEDURES FOR ESTABLISHING MEDICATION REIMBURSEMENT COSTS TO BE PAID TO NETWORK PHARMACIES.
l:\council\bills\nbd\11567ac05.doc

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

H. 4003 (Word version) -- Reps. Clemmons, Barfield, Edge and Witherspoon: A BILL TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA

Printed Page 2529 . . . . . Thursday, May 5, 2005
AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING BUNGEE JUMPING, SO AS TO REVISE THE DEFINITION OF "BUNGEE CATAPULTING", SO AS TO CONFORM THIS DEFINITION TO THE DEFINITION OF "BUNGEE CATAPULTING" AS PROVIDED FOR IN SECTION 41-18-10.

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

H. 4041 (Word version) -- Reps. Talley and Sinclair: A CONCURRENT RESOLUTION CONGRATULATING THE DORMAN HIGH SCHOOL "LADY CAVALIERS" BASKETBALL TEAM OF SPARTANBURG ON THEIR STATE CLASS AAAA CHAMPIONSHIP AND HONORING THE PLAYERS AND COACH JOY COUCH ON THIS OUTSTANDING ACCOMPLISHMENT.

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

H. 4043 (Word version) -- Reps. Govan, Hosey, Ott, Cobb-Hunter, 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, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice,

Printed Page 2530 . . . . . Thursday, May 5, 2005
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 CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY MEN'S AND WOMEN'S TENNIS TEAMS ON WINNING THE MID-EASTERN ATHLETIC CONFERENCE CHAMPIONSHIPS AND RECOGNIZING COACH HARDEEP JUDGE WHO SWEPT THE COACH OF THE YEAR HONORS.

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO EXTEND THE MORATORIUM SIMILARLY WHEN THE NUMBER OF JOBS CREATED WOULD ALLOW THE TAXPAYER A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT

Printed Page 2531 . . . . . Thursday, May 5, 2005
AFFECT THE MORATORIUM, TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS, AND TO MAKE CONFORMING AMENDMENTS.

By prior motion of Senator LAND, with unanimous consent

NONCONCURRENCE

H. 3716 -- Ways and Means Committee: GENERAL APPROPRIATION BILL

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

NONCONCURRENCE

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

The House returned the Joint Resolution with amendments.

On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 5, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3716 -- Ways and Means Committee: GENERAL APPROPRIATION BILL
asks for a Committee of Conference, and has appointed Reps. HARRELL, VAUGHN and BATTLE to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

Printed Page 2532 . . . . . Thursday, May 5, 2005

Message from the House

Columbia, S.C., May 5, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
asks for a Committee of Conference, and has appointed Reps. HARRELL, VAUGHN and BATTLE to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3716--CONFERENCE COMMITTEE APPOINTED

H. 3716 -- Ways and Means Committee: GENERAL APPROPRIATION BILL

Whereupon, Senators LEATHERMAN, LAND and PEELER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 3717--CONFERENCE COMMITTEE APPOINTED

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Whereupon, Senators LEATHERMAN, LAND and PEELER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCES

S. 824 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY AND ENCOURAGE FUTURE NASCAR EVENTS IN THE STATE OF SOUTH CAROLINA.

Printed Page 2533 . . . . . Thursday, May 5, 2005

Returned with concurrence.

Received as information.

S. 825 (Word version) -- Senators Campsen, Alexander, Anderson, Bryant, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE FAITH AND OPTIMISM OF TROY DRISCOLL AND JOSH LONG IN ENDURING NEARLY A WEEK AT SEA AND TO COMMEND THEM FOR THE COURAGE THEY DEMONSTRATED IN SURVIVING SUCH A HARROWING EXPERIENCE.

Returned with concurrence.

Received as information.

ADJOURNMENT

At 11:23 A.M., on motion of Senator CROMER, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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