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

Printed Page 406 . . . . . Thursday, January 20, 2005

Thursday, January 20, 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 PRESIDENT Pro Tempore.

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

Beloved, these are days of destiny. Hear words from Proverbs, Chapter 3:5-6:

"Trust in the Lord with all your heart, and lean not on your own understanding. In all your ways acknowledge Him, and He shall direct your paths."

Let us pray.

Eternal God and Father of us all, as Your servant, George Walker Bush, this day takes his second oath of office in Washington, D.C., as our President, we join with the multitudes all over this benighted world that You will bless him and keep him in good health and provide for him qualified counselors and guides in all the decisions he must daily make for the welfare of our country and the peace and prosperity of the nations of the whole world.

Bless and sustain his wife, Laura, and the members of our Congress, the Judiciary at every level, and all who bear the responsibility of law enforcement throughout the world...and to citizens everywhere, respect for the laws of their countries.

Give us peace, O Lord.

Amen!

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

Leave of Absence

On motion of Senator O'DELL, at 2:05 P.M., Senator WILLIAMS was granted a leave of absence for today.

Leave of Absence

On motion of Senator MALLOY, at 10:05 A.M., Senator SHORT was granted a leave of absence for today.

Printed Page 407 . . . . . Thursday, January 20, 2005

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

Remarks by Senator FORD

Your Honorable PRESIDENT, Ladies and Gentleman of the Senate:

On Wednesday, January 19th, several reporters called me about the Bill adopted in the Senate Transportation Committee regarding the Sons of the Confederate Veterans license tag. The Bill authorizes a license tag for their organization and allows the proceeds from the license sales to go to that organization. I have no problem with this concept and feel that other organizations may also benefit from this practice. You can ask the Senate PRESIDENT Pro Tempore, 20 years ago, my answer would have been totally different. However, I do think there should be appropriate accounting and reporting of these funds. In my attempt to be positive and open in the acceptance of others, I am trying to not solely base my opinion on my personal belief and feelings. New ideas from organizations - racial groups require an attitude receptive and sensitive to modern initiatives and creative ideas from other ethnic groups in South Carolina. I respectfully demand that the South Carolina Senate show the same level of leadership in their political practices and philosophy.

When the Speaker of the House makes appointments to Standing Committees and Conference Committees, he makes an attempt to be inclusive with at least one member being an African American. Unlike the Senate, the committees are all white and the justification is party affiliation. That is unacceptable to me; the Republican Governor of Mississippi has a cabinet with 27% African American representation. President Bush has a number of African Americans and minorities as Cabinet Directors and Assistant Cabinet Heads. Prior to 1967, the majority of Republicans in the South were African Americans. Blacks became Democrats by necessity in the South. When you won the Democratic Primary, you were already elected because there was only one party. In 1948, a group of African Americans sued the Democratic Party and a federal judge ruled in favor of the defendants. Consequently, the majority of African Americans are still members of the Democratic Party. When Lyndon B. Johnson signed the Voters' Rights Bill, he stated, "In my heart, I know this is the right thing to do and I am proud to do it. However, I firmly believe that my actions will run the white majority from the Democratic Party in the South."

I hope that Republicans in the South Carolina General Assembly did not join the Republican Party to hide their racism. Because, I surely

Printed Page 408 . . . . . Thursday, January 20, 2005
don't believe the party of Abraham Lincoln's philosophy was founded on racism. Some whites joined the S.C. Republican Party to separate themselves from the common people on an economic and racial basis. The Senate should be fair, impartial and moral by starting to choose African Americans as Chairmen of Standing Committees based on their seniority. They should also be placed on Conference Committees and equitably hired as committee staff.

Further, I urge my white colleagues to consciously correct the judicial inequity in this State. There are 132 judges in South Carolina, 8 are African American. Need I say more?

On Wednesday, January 19th, there was a difference of opinion about the posting of the Ten Commandments. Republicans swear they are the only true Christians. My comment in reference to that is you need to practice it - not post it! The Republican Party's philosophy was not founded on racism.

***

On motion of Senator ANDERSON, with unanimous consent, Senator FORD's remarks were ordered printed in the Journal.

Motion Adopted

On motion of Senator SETZLER, with unanimous consent, the deadline of Thursday, January 20, 2005, for adding names as co-sponsors of Bills and Resolutions that were prefiled, was extended through Tuesday, January 25, 2005.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 304 (Word version) -- Senators Verdin and Bryant: A BILL TO AMEND TITLE 47 OF THE 1976 CODE BY ADDING CHAPTER 23, TO MAKE CERTAIN FINDINGS AND TO PROVIDE THAT A PERMIT ISSUED BY A LOCAL GOVERNMENT MUST NOT IMPOSE A MORE RESTRICTIVE OR BURDENSOME REQUIREMENT THAN A STATE STATUTE OR REGULATION RELATING TO THE PRODUCTION OF LIVESTOCK OR POULTRY, AGRIBUSINESS, BUSINESS, OR INDUSTRY.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

Printed Page 409 . . . . . Thursday, January 20, 2005

S. 305 (Word version) -- Senators Peeler, J. Verne Smith, Short, Alexander and Hayes: 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

Printed Page 410 . . . . . Thursday, January 20, 2005
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.
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Read the first time and referred to the Committee on Medical Affairs.

S. 306 (Word version) -- Senators Peeler and Short: 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.
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Read the first time and referred to the Committee on Medical Affairs.

S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO

Printed Page 411 . . . . . Thursday, January 20, 2005
DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.
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Read the first time and referred to the Committee on Transportation.

S. 308 (Word version) -- Senator McConnell: 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.
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Read the first time and referred to the Committee on Judiciary.

S. 309 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-235 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED; AND TO REPEAL SECTION 23-1-235 RELATING TO THE COLLECTION AND MAINTENANCE OF CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT BY LAW ENFORCEMENT OFFICERS.

Printed Page 412 . . . . . Thursday, January 20, 2005
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Read the first time and referred to the Committee on Judiciary.

S. 310 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT A STATEWIDE CURFEW FOR MINORS, TO PROVIDE A CIVIL PENALTY FOR A VIOLATION OF THE CURFEW, AND TO PROVIDE A PROCEDURE FOR MUNICIPALITIES AND COUNTIES TO "OPT OUT" OF THE CURFEW.
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Read the first time and referred to the Committee on Judiciary.

S. 311 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 1, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 54-1-10 THROUGH 54-1-40 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS" AND BY ADDING ARTICLE 5 ENACTING THE "WATERCRAFT GAMBLING ACT" SO AS TO MAKE IT LAWFUL TO USE GAMBLING DEVICES ON WATERCRAFT AND TO PROVIDE DEFINITIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 312 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 5-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF CONDEMNATION BY A MUNICIPALITY, SO AS TO PROVIDE THAT THIS POWER DOES NOT INCLUDE OWNER-OCCUPIED RESIDENTIAL PROPERTY LOCATED OUTSIDE OF A MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.

S. 313 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 4-9-1210 AND 5-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AND MUNICIPAL BALLOT INITIATIVES, SO AS TO REQUIRE THAT A BALLOT INITIATIVE MUST BE REQUESTED BY AT LEAST FIVE INSTEAD OF FIFTEEN PERCENT OF THE QUALIFIED ELECTORS OF A COUNTY AND AT LEAST TEN INSTEAD OF

Printed Page 413 . . . . . Thursday, January 20, 2005
FIFTEEN PERCENT OF THE REGISTERED VOTERS OF A MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.

S. 314 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO ADD ARREST WARRANTS ISSUED FOR THE PRECEDING THREE MONTHS AS DOCUMENTS WHICH MUST BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING WHEN THE REQUESTOR APPEARS IN PERSON.
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Read the first time and referred to the Committee on Judiciary.

S. 315 (Word version) -- Senators Knotts and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1040 SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES THE DEPARTMENT OF TRANSPORTATION MAY ERECT SIGNS ALONG CERTAIN PORTIONS OF THE STATE'S HIGHWAYS THAT INDICATE THAT ALL PENALTIES ASSOCIATED WITH TRAFFIC VIOLATIONS THAT OCCUR ALONG THESE PORTIONS OF HIGHWAY ARE TWICE THE AMOUNT ALLOWED BY LAW.
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Read the first time and referred to the Committee on Transportation.

S. 316 (Word version) -- Senators Elliott and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-210 SO AS TO PROVIDE THAT AN INDIVIDUAL WITH NO CREDIT HISTORY MAY NOT BE ASSESSED A PREMIUM SURCHARGE FOR THIS REASON BY AN INSURANCE COMPANY DOING BUSINESS IN THIS STATE FOR ANY LINE OF INSURANCE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 317 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO THE ISSUANCE OF

Printed Page 414 . . . . . Thursday, January 20, 2005
CORPORATE CERTIFICATE FOR A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT NO PART OF THE PROPOSED MUNICIPALITY IS WITHIN FIVE MILES OF THE BOUNDARY OF AN ACTIVE INCORPORATED MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.

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

H. 3006 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J. E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE

Printed Page 415 . . . . . Thursday, January 20, 2005
APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS, TO PROVIDE FOR REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN; BY ADDING SECTION 12-2-110 SO AS TO PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX INCENTIVES ENACTED AFTER THIS ACT AND FOR EXCEPTIONS AND REVIEW; BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-6-3362 SO AS TO PROVIDE FOR A TAX CREDIT IN CONNECTION WITH
Printed Page 416 . . . . . Thursday, January 20, 2005
HEALTH INSURANCE PREMIUMS ASSOCIATED WITH THE HIRING OF NEW EMPLOYEES; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND CHAPTER 62 OF TITLE 12, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO AN EMPLOYER WHO INCREASES EMPLOYMENT BY FIVE, INSTEAD OF TEN, NEW FULL-TIME JOBS; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006.

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

Printed Page 417 . . . . . Thursday, January 20, 2005

H. 3234 (Word version) -- Reps. Harrell, Wilkins, Harvin, Walker, J. E. Smith, Altman, Bowers and Bailey: A BILL TO AMEND ARTICLE 7, CHAPTER 11 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO INCLUDE A FACILITY THAT OPERATES TWO OR MORE SPECIAL, STATE-TAXED PLANES FOR THE TRANSPORT OF SPECIAL CARGO, TO INCLUDE AN ECONOMIC DEVELOPMENT PROJECT THAT IS FUNCTIONALLY RELATED TO AIR CARRIER HUB TERMINAL FACILITIES SATISFYING THE CRITERIA, TO PROVIDE THAT THE SECRETARY OF THE DEPARTMENT OF COMMERCE MAY DETERMINE CONCLUSIVELY THAT AN AIRPORT TERMINAL FACILITY QUALIFIES AS AN AIR CARRIER HUB TERMINAL FACILITY, TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ECONOMIC DEVELOPMENT BOND ACT, SO AS TO INCLUDE AS INFRASTRUCTURE BUILDINGS ON ALL QUALIFYING AIR CARRIER HUB TERMINAL FACILITIES.

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

H. 3333 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION CONGRATULATING THE BELTON-HONEA PATH HIGH SCHOOL "BEARS" FOOTBALL TEAM OF ANDERSON COUNTY ON THEIR STELLAR SEASON AND THEIR FIRST CLASS AAA STATE CHAMPIONSHIP AND HONORING THESE OUTSTANDING PLAYERS AND COACH WAYNE GREEN AND HIS COACHING STAFF.

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

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

THIRD READING BILL

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

S. 214 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 418 . . . . . Thursday, January 20, 2005
CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

ADOPTED

S. 284 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2006, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2005.

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

RECOMMITTED

On motion of Senator RICHARDSON, with unanimous consent, the following Bills and Resolution were recommitted to the Committee on Transportation:

Printed Page 419 . . . . . Thursday, January 20, 2005

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

S. 23--Co-Sponsor Added

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

S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford and Leatherman: 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. 102--Co-Sponsor Added

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 102

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

S. 269 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS

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BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE LITTLE RIVER BRIDGE ON SOUTH CAROLINA HIGHWAY 560 IN LAURENS COUNTY AS THE "JAMES WILLIAMS MEMORIAL BRIDGE" TO HONOR THIS REVOLUTIONARY WAR HERO.

POINT OF ORDER

S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.

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

Point of Order

Senator KNOTTS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT Pro Tempore sustained the Point of Order.

POINT OF ORDER

S. 15 (Word version) -- Senators McConnell, Elliott, Ritchie, Fair and Ford: A BILL TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL CUSTODY OF A PERPETRATOR, SO AS TO REQUIRE THAT A LAW ENFORCEMENT AGENCY MUST PROVIDE A VICTIM'S CONTACT INFORMATION TO A MENTAL HEALTH FACILITY HAVING CUSTODY OF THE PERPETRATOR; TO AMEND SECTION 16-3-1530, RELATING TO NOTIFICATION OF A

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VICTIM, SO AS TO PROVIDE THAT A VICTIM MUST BE NOTIFIED OF A TRANSFER OR ESCAPE OF A PERPETRATOR WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY; TO AMEND SECTION 16-3-1555, RELATING TO A VICTIM'S RESPONSIBILITY TO PROVIDE SPECIFIC AGENCIES WITH THE VICTIM'S CONTACT INFORMATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST NOTIFY A VICTIM OF ANY HEARINGS INVOLVING THE PERPETRATOR; TO AMEND SECTION 16-3-1560, RELATING TO NOTIFICATION TO A VICTIM ABOUT A POST-CONVICTION PROCEEDING, SO AS TO REQUIRE A VICTIM TO UPDATE HIS CURRENT CONTACT INFORMATION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 17-24-40, RELATING TO THE COMMITMENT OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE NOTIFICATION TO THE VICTIM OF THE FACT THAT THE PERPETRATOR IS NO LONGER IN NEED OF HOSPITALIZATION; AND TO AMEND SECTION 17-24-80, RELATING TO THE RELEASE OF A PERSON FROM A MENTAL HEALTH FACILITY, SO AS TO INCLUDE NOTIFICATION OF THE RELEASE TO THE VICTIM.

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

Point of Order

Senator KNOTTS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT Pro Tempore sustained the Point of Order.

S. 15--Co-Sponsor Added

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 15.

POINT OF ORDER

S. 18 (Word version) -- Senators McConnell, Moore, Elliott, Ritchie, J. Verne Smith, Martin, Knotts, O'Dell, Mescher, Grooms, Hutto, Setzler, Rankin, Ford, Matthews, Land, Verdin, Jackson, Bryant, Alexander, Hawkins, Patterson, Reese, Short and Thomas: A BILL TO AMEND CHAPTER

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5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.

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 explained the committee amendment.

On motion of Senator MARTIN, with unanimous consent, the committee amendment was carried over.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT Pro Tempore sustained the Point of Order.

S. 18--Co-Sponsor Added

On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 18.

POINT OF ORDER

S. 19 (Word version) -- Senators McConnell, Campsen, Elliott, Hayes, Fair and Richardson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

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

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Point of Order

Senator KNOTTS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT Pro Tempore sustained the Point of Order.

POINT OF ORDER

S. 91 (Word version) -- Senators McConnell, Knotts and Elliott: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM OF OFFICE FOR SOLICITORS, SO AS TO PROVIDE THAT A SOLICITOR'S TERM OF OFFICE BEGINS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOLLOWING HIS ELECTION AND ENDS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOUR YEARS LATER.

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

Point of Order

Senator KNOTTS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT Pro Tempore sustained the Point of Order.

POINT OF ORDER

S. 127 (Word version) -- Senators Martin, Ford, McConnell, Moore, Knotts, Campsen, Elliott, Alexander and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-250, SO AS TO PROVIDE THAT WORKERS' COMPENSATION COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT, AS CONTAINED IN RULE 501 OF THE SOUTH CAROLINA APPELLATE COURT RULES, AND TO REQUIRE WORKERS' COMPENSATION COMMISSIONERS AND THEIR ADMINISTRATIVE ASSISTANTS TO ATTEND YEARLY A WORKSHOP CONCERNING ETHICS AND THE ADMINISTRATIVE PROCEDURES ACT.

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

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Point of Order

Senator KNOTTS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT Pro Tempore sustained the Point of Order.

S. 127--Co-Sponsors Added

On motion of Senator MALLOY, with unanimous consent, the names of Senators LEVENTIS and MALLOY were added as a co-sponsors of S. 127.

MOTION ADOPTED

On motion of Senators MATTHEWS and HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William Alexander "Bill" Patterson, Jr. of Holly Hill, S.C., distinguished community leader in Orangeburg County.

ADJOURNMENT

At 10:33 A.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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