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.

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

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

At 10:32 A.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   O'Dell                    Patterson
Peeler                    Rankin                    Reese
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

A quorum being present, the Senate resumed.

At 10:33 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 10:35 A.M.

There was no objection and a message was sent to the House accordingly.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 10, 2005, at 10:35 A.M. and the following Acts were ratified:

(R1, 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, Thomas and Ryberg: AN ACT TO AMEND CHAPTER 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 INCLUDING A PROVISION TO AUTHORIZE THE OFFICE OF REGULATORY STAFF ADDITIONAL STAFFING TO PERFORM ITS DUTIES UNDER THIS ARTICLE TO BE FUNDED FROM ASSESSMENTS ON NATURAL GAS UTILITIES REGULATED UNDER THE ARTICLE.
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(R2, S. 207 (Word version)) -- Senators J. Verne Smith, Hutto and Campsen: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXTEND THE EXEMPTION ALLOWED PROPERTY OWNED BY THE BOY SCOUTS OF AMERICA OR THE GIRL SCOUTS OF AMERICA AND USED OR OCCUPIED EXCLUSIVELY FOR SCOUTING PURPOSES TO PROPERTY REGARDLESS OF OWNERSHIP WHICH IS USED EXCLUSIVELY FOR SCOUTING PURPOSES, TO GIVE THIS EXEMPTION RETROACTIVE EFFECT, AND TO WAIVE THE TIME LIMITS OTHERWISE APPLICABLE TO

(R3, S. 254 (Word version)) -- Senators McGill and Cleary: AN ACT TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION ON THE GOVERNING BODY OF GEORGETOWN COUNTY OF APPOINTMENT AND RECOMMENDATION FOR APPOINTMENT AUTHORITY OF VARIOUS GEORGETOWN COUNTY OFFICES FORMERLY HELD BY THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION, SO AS TO PROVIDE THAT MEMBERS OF THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.
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(R4, H. 3226 (Word version)) -- Reps. Clemmons, Mahaffey and Umphlett: AN ACT 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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(R5, H. 3356 (Word version)) -- Rep. Vick: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.
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(R6, H. 3363 (Word version)) -- Reps. Mahaffey, Sinclair, Davenport, Anthony and W.D. Smith: AN ACT TO AMEND ACT 248 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX

(R7, H. 3371 (Word version)) -- Reps. Vick, Neilson and Jennings: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
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The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

James Talley, 482 South Irwin Ave., Spartanburg, S.C. 29306 VICE Sarah R. Simmons

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Brian David Taylor, 1180 Maryland Ave., Spartanburg, S.C. 29307 VICE Larry Hutchins

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Jason Thomas Wall, 448 Old Boiling Springs Road, Spartanburg, S.C. 29303 VICE Edward Overcash

The following were received and referred to the appropriate committees for consideration:

Document No. 2914
Agency: Department of Revenue
SUBJECT: Electric Power Tax
Received by Lieutenant Governor February 10, 2005
Referred to Finance Committee
Legislative Review Expiration June 10, 2005

Document No. 2915
Agency: Department of Revenue
SUBJECT: Repeal of Bulk Sales Regulation
Received by Lieutenant Governor February 10, 2005
Referred to Finance Committee
Legislative Review Expiration June 10, 2005

Document No. 2935
Agency: Department of Revenue
SUBJECT: Property Tax - Repeal 117-8
Received by Lieutenant Governor February 10, 2005
Referred to Finance Committee
Legislative Review Expiration June 10, 2005

Document No. 2936
Agency: Department of Revenue
SUBJECT: Sales and Use Tax Exemption for Machines
Received by Lieutenant Governor February 10, 2005
Referred to Finance Committee
Legislative Review Expiration June 10, 2005

Document No. 2937
Agency: Department of Revenue
SUBJECT: Alcoholic Beverages, Beer and Wine
Received by Lieutenant Governor February 10, 2005
Referred to Finance Committee
Legislative Review Expiration June 10, 2005

Document No. 2958
Agency: Department of Revenue

Senator ALEXANDER introduced Dr. Ed Evans of Seneca, S.C., Doctor of the Day.

On motion of Senator MARTIN, at 10:30 A.M., Senator RICHARDSON was granted a leave of absence for today.

On motion of Senator GREGORY, at 10:30 A.M., Senator RYBERG was granted a leave of absence for today.

S. 361 (Word version) -- Senators Peeler, Ritchie, Thomas and Hawkins: 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 RANKIN, with unanimous consent, the name of Senator RANKIN was added as a co-sponsor of S. 361.

Senator HAYES asked unanimous consent to make a motion that Senators ALEXANDER, LAND, MATTHEWS and HAYES be granted leave to attend a subcommittee meeting and be counted in any quorum calls.

There was no objection and the motion was adopted.

The following were introduced:

S. 468 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 469 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 470 (Word version) -- Senator Rankin: A BILL TO AMEND CHAPTER 5, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY AND REQUIREMENTS TO TRANSACT THE BUSINESS OF INSURANCE, BY ADDING SECTION 38-5-210 SO AS TO REQUIRE ALL COMMERCIAL GENERAL LIABILITY INSURANCE CARRIERS TO OFFER PRODUCTS COMPLETED OPERATIONS COVERAGE; TO AMEND SECTION 38-1-20, RELATING TO THE INSURANCE TITLE AND DEFINITIONS, SO AS TO DEFINE "OCCURRENCE" AS USED IN A COMMERCIAL LIABILITY POLICY; AND TO AMEND CHAPTER 11, TITLE 40, RELATING TO CONTRACTORS, BY ADDING SECTION 40-11-425 SO AS TO REQUIRE CONTRACTORS PERFORMING CERTAIN WORK TO MAINTAIN COMMERCIAL GENERAL LIABILITY INSURANCE INCLUDING PRODUCTS COMPLETED OPERATIONS COVERAGE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 471 (Word version) -- Senator Reese: A BILL TO ESTABLISH THE STATE RETIREMENT PLAN FOR NONSTATE EMPLOYEES AND TO PROVIDE THAT EVERY RESIDENT OF SOUTH CAROLINA WHO FILES AN INCOME TAX RETURN MAY PARTICIPATE IN THE PLAN; TO DIRECT THE STATE RETIREMENT SYSTEM TO ADMINISTER THE FUND, TO PROHIBIT COMINGLING OF THE FUNDS IN THE STATE EMPLOYEES RETIREMENT FUND WITH THE NONEMPLOYEE RETIREMENT FUNDS, AND TO REQUIRE BOTH SYSTEMS TO OPERATE INDEPENDENTLY OF EACH OTHER; TO REQUIRE EACH PERSON PARTICIPATING IN THE PLAN TO CONTRIBUTE TEN PERCENT OF THEIR INCOME, AS SHOWN ON THEIR W-2 FORM, WHICH WOULD BE WITHHELD FROM THE PERSON'S PAY CHECK; TO PROVIDE THAT SUCH CONTRIBUTIONS ARE TAX DEDUCTIBLE BUT NOT TAX DEDUCTIBLE FROM THEIR FEDERAL RETURN; TO AUTHORIZE PARTICIPANTS TO OPT OUT OR IN FOR ONE CALENDAR YEAR AT A TIME AND TO PROVIDE THAT A PARTICIPANT COULD NOT WITHDRAW FROM THE PLAN UNTIL THEY WERE ENTITLED TO RECEIVE SOCIAL SECURITY; AND TO PROVIDE THAT THE SAME FEDERAL EARNING LIMITS APPLY TO PARTICIPANTS BETWEEN THE AGES OF SIXTY-TWO AND SIXTY-FIVE.
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Read the first time and referred to the Committee on Finance.

S. 472 (Word version) -- Senator Reese: A BILL TO ESTABLISH A STATE HEALTH INSURANCE PLAN FOR NONSTATE EMPLOYEE INDIVIDUALS AND TO PROVIDE THAT EVERY RESIDENT OF SOUTH CAROLINA WHO FILES A STATE TAX RETURN IS ELIGIBLE TO PARTICIPATE IN THE PLAN; TO REQUIRE THE BUDGET AND CONTROL BOARD TO ADMINISTER THE PLAN AND TO ESTABLISH RATES FOR THE PREMIUMS; PREMIUMS PAID INTO THIS PLAN MUST NOT BE COMINGLED WITH STATE EMPLOYEES' HEALTH INSURANCE PREMIUMS, AND TO REQUIRE BOTH PLANS TO OPERATE INDEPENDENTLY OF EACH OTHER; TO AUTHORIZE PARTICIPANTS TO OPT OUT OR IN EACH CALENDAR YEAR; AND TO REQUIRE PARTICIPANTS TO PAY INTO THE SYSTEM THE FIRST YEAR BUT NOT RECEIVE INSURANCE BENEFITS IN ORDER TO

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

S. 473 (Word version) -- Senators Lourie, J. Verne Smith, Short, Bryant, Reese, Rankin, Ford, Matthews, Verdin, Malloy, Leventis, Pinckney, O'Dell, Setzler, Cleary, Jackson, Anderson, Mescher, Hutto, Sheheen, McGill, Alexander, Thomas, Ryberg, Patterson, Leatherman, Elliott, Land and Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT CERTAIN PROPERTY TAX EXEMPTIONS PROVIDED TO VETERANS MUST BE EXTENDED TO A VETERAN'S SURVIVING SPOUSE WHO ESTABLISHES RESIDENCY IN THIS STATE SUBSEQUENT TO THE DEATH OF THE VETERAN, IF THE VETERAN, BUT FOR RESIDENCY REQUIREMENTS, COULD HAVE QUALIFIED FOR THE EXEMPTION.
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Read the first time and referred to the Committee on Finance.

S. 474 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-180 SO AS TO PROVIDE THAT IT IS IN AN UNFAIR TRADE PRACTICE FOR A PERSON TO ENGAGE IN THE TRADE AND COMMERCE OF AN UPHOLSTERED PRODUCT, MATTRESS, OR CUSHION THAT IS PREVIOUSLY USED OR THAT CONTAINS STUFFING THAT IS PREVIOUSLY USED WITHOUT ADEQUATE NOTICE BY WAY OF LABELING.
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Read the first time and referred to the Committee on Judiciary.

S. 475 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT A JUDGE, COURT PERSONNEL, OR ANOTHER PERSON EMPLOYED BY A COURT IN THIS STATE MAY NOT RELEASE INFORMATION TO THE PUBLIC RELATING TO AN ONGOING INVESTIGATION AND TO PROVIDE A PENALTY.
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Read the first time and referred to the Committee on Judiciary.

S. 476 (Word version) -- Senators Reese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-3-70 SO AS TO DEFINE THE TERM "IMMEDIATE FAMILY", TO PROVIDE THAT ALCOHOLIC LIQUORS OR ALCOHOLIC BEVERAGES MAY NOT BE SERVED AT A PUBLIC FUNCTION OR A POLITICAL FUNCTION OR FUNDRAISER HELD ON THE GOVERNOR'S MANSION COMPLEX, AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 477 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A HOSPITAL OR UNIVERSITY THAT RECEIVES STATE FUNDING MUST NOT CONDUCT CLINICAL TRIALS UNLESS THESE TRIALS ARE REGISTERED WITH THE OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD AND THE TRIAL RESULTS ARE REPORTED TO THE OFFICE AND MADE AVAILABLE TO THE PUBLIC.
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Read the first time and referred to the Committee on Medical Affairs.

S. 478 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-125 SO AS TO ALLOW CERTAIN UNINSURED, UNREGISTERED, AND UNLICENSED VEHICLES TO BE PARKED LEGALLY ON PRIVATE PROPERTY UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Transportation.

S. 479 (Word version) -- Senators Verdin, Grooms, Campsen, Hayes, Bryant, O'Dell, Fair, Peeler, Hawkins and Martin: A BILL TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF

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

S. 480 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE THE WEST METRO BREAKFAST ROTARY CLUB ON CELEBRATING THE CENTENNIAL CELEBRATION FOR ROTARY INTERNATIONAL, AND TO RECOGNIZE THE ROTARY CLUB FOR ITS CONTRIBUTIONS TO THE COMMUNITY.
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The Senate Resolution was adopted.

S. 481 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE THE CAYCE-WEST COLUMBIA ROTARY CLUB ON CELEBRATING THE CENTENNIAL CELEBRATION FOR ROTARY INTERNATIONAL AND FOR CELEBRATING ITS FIFTIETH ANNIVERSARY ON MAY 16, 2005, AND TO RECOGNIZE THE ROTARY CLUB FOR ITS CONTRIBUTIONS TO THE COMMUNITY.

The Senate Resolution was adopted.

S. 482 (Word version) -- Senators Patterson, Lourie and Jackson: A BILL TO AMEND SECTION 59-149-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS.
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Read the first time and referred to the Committee on Education.

S. 483 (Word version) -- Senators Matthews, Knotts, J. Verne Smith, Sheheen, Land, Patterson, Scott, Hutto and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 127, TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA STATE UNIVERSITY ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT", WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH SOUTH CAROLINA STATE UNIVERSITY MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
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Read the first time and referred to the Committee on Finance.

S. 484 (Word version) -- Senators Sheheen, Short, Martin, Ford and Campsen: A BILL TO ENACT THE SCHOOL EQUITY AND PROPERTY TAX RELIEF ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36, TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO ONE PERCENT OF GROSS PROCEEDS OF SALES OR SALES PRICE, AND TO PROVIDE THAT THIS ADDITIONAL ONE PERCENT TAX DOES NOT APPLY ON ACCOMMODATIONS FOR TRANSIENTS; BY AMENDING SECTION 11-11-150, AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES FROM THE TRUST FUND REIMBURSING SCHOOL DISTRICTS FOR THE RESIDENTIAL PROPERTY TAX EXEMPTION TO A SCHOOL DISTRICT MUST BE PAID MONTHLY IN AN AMOUNT THAT IS THE DISTRICT'S PROPORTIONATE SHARE OF THE REIMBURSEMENT BASED ON THE DISTRICT'S WEIGHTED PUPIL UNITS AS A

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

S. 485 (Word version) -- Senators Sheheen, Grooms, Short, Ford and Campsen: A BILL TO ENACT THE SCHOOL EQUITY AND PROPERTY TAX RELIEF ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36, TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO TWO PERCENT OF GROSS PROCEEDS OF SALES OR SALES PRICE, AND TO PROVIDE THAT THIS ADDITIONAL TWO PERCENT TAX DOES NOT APPLY TO UNPREPARED FOOD AND ON ACCOMMODATIONS FOR TRANSIENTS; BY AMENDING SECTION 11-11-150, AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES FROM THE TRUST FUND REIMBURSING SCHOOL DISTRICTS FOR THE RESIDENTIAL PROPERTY TAX EXEMPTION TO A SCHOOL DISTRICT MUST BE PAID MONTHLY IN AN AMOUNT THAT IS THE DISTRICT'S PROPORTIONATE SHARE OF THE REIMBURSEMENT BASED ON THE DISTRICT'S WEIGHTED PUPIL UNITS AS A PERCENTAGE OF STATEWIDE WEIGHTED PUPIL UNITS; BY ADDING SECTION 11-11-155 SO AS TO CREATE THE SCHOOL MILLAGE TAX EXEMPTION TRUST FUND (THE SCHOOL TRUST FUND) AND REQUIRE REVENUES OF THE ADDITIONAL SALES AND USE TAX AND ADDITIONAL REVENUE GENERATED BY ELIMINATING OR REVISING SALES TAX EXEMPTIONS AND CAPS TO BE CREDITED TO THIS FUND; BY AMENDING SECTION 12-24-10, RELATING TO THE DEED RECORDING FEE, SO AS TO INCREASE THIS FEE BY ONE DOLLAR AND FIFTEEN CENTS ON EACH FIVE HUNDRED DOLLARS OF THE REALTY'S

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

H. 3515 (Word version) -- Reps. Perry, Clark, Clyburn, J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION CONGRATULATING UNIVERSITY OF SOUTH CAROLINA AIKEN HEAD GOLF COACH MICHAEL CARLISLE FOR BEING NAMED THE 2004 NCAA DIVISION II COACH OF THE YEAR AND THE HEAD COACH FOR THE FUJI XEROX USA VS. JAPAN COLLEGIATE GOLF CHAMPIONSHIPS.

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

H. 3516 (Word version) -- Reps. D. C. Smith, Perry, Clark, Clyburn, J. R. Smith and Stewart: A CONCURRENT RESOLUTION CONGRATULATING JAMES ALEXANDER HAMILTON III FOR WINNING THE 2004 SOUTH CAROLINA AMATEUR GOLF CHAMPIONSHIP.

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

H. 3517 (Word version) -- Reps. Perry, Clark, Clyburn, J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA AIKEN "PACERS" ON THEIR 2004 DIVISION II GOLF CHAMPIONSHIP, AND HONORING THE PLAYERS AND COACH MICHAEL CARLISLE ON THEIR EXCEPTIONAL SEASON.

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

H. 3527 (Word version) -- Reps. Chellis, Young, Bailey, Harrell, Agnew, Allen, Altman, Anderson, Anthony, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, 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 and Witherspoon: A CONCURRENT RESOLUTION CONGRATULATING THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" MARCHING BAND ON ITS 2004 BIG 16 STATE 5A CHAMPIONSHIP, AND HONORING THE BAND MEMBERS AND DIRECTOR LESLIE GILREATH FOR THEIR HARD WORK AND DEDICATION.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 97 (Word version) -- Senators Land, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 131 (Word version) -- Senators Leatherman, Elliott and Ford: A BILL TO AMEND SECTION 6-9-40 OF THE 1976 CODE, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES, STANDARDS, AND PROCEDURES, TO

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Invitations polled out S. 408 favorable:

S. 408 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF FEBRUARY 6-12, 2005, AS BURN AWARENESS WEEK IN SOUTH CAROLINA AND TO COMMEND THE SHRINERS OF NORTH AMERICA FOR PROMOTING BURN SAFETY AND AWARENESS.

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

Ordered for consideration tomorrow.

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

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

H. 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.

Senator RITCHIE explained the Joint Resolution.

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

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

S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.

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

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

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.

By prior motion of Senator HAYES

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.

By prior motion of Senator HAYES

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.

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

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.

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

Senator GROOMS explained the Bill.

The question then was the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Knotts                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McGill                    Mescher

Peeler                    Rankin                    Reese
Ryberg *                  Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Verdin                    Williams

Bryant                    Courson                   McConnell
O'Dell                    Ritchie                   Thomas

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Bill was read the second time, passed and ordered to a third reading.

On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 389.

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.

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

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

Senator THOMAS explained the Bill.

On motion of Senator SETZLER, the Bill was carried over.

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.

On motion of Senator McCONNELL, the Bill was carried over.

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.

On motion of Senator GROOMS, the Bill was carried over.

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

Senator GROOMS explained the Bill.

On motion of Senator GROOMS, 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. 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 Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment P-1 proposed by Senators HUTTO, SHORT and MALLOY and printed in the Journal of Wednesday, February 9, 2005.

Senator McCONNELL argued contra to the adoption of Amendment No. P-1.

At 12:56 P.M., Senator HAYES assumed the Chair.

Senator McCONNELL resumed arguing contra to the adoption of the amendment.

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

Having received a favorable report from the Spartanburg County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

James Talley, 482 South Irwin Ave., Spartanburg, S.C. 29306 VICE Sarah R. Simmons

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Brian David Taylor, 1180 Maryland Ave., Spartanburg, S.C. 29307 VICE Larry Hutchins

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Jason Thomas Wall, 448 Old Boiling Springs Road, Spartanburg, S.C. 29303 VICE Edward Overcash

On motion of Senator HAWKINS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lt. Col. Jeff Ashley of Greenwood, S.C.

At 1:28 P.M., on motion of Senator McCONNELL, 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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