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 words from Psalm 42:1-2:

"As a deer longs for flowing streams, so my soul longs   for You, O God.

My soul thirsts for God, for the Living God.

When shall I come and behold the face of God?"
Let us pray.

Father, may this "song of the soul" awaken us to all true values of Your Kingdom. Clear our sights that our thinking may convince us that fidelity to our daily duties may be a true form of worship.

In our world where so much is uncertain, make us certain about YOU with an inner certitude of experience which endures "the strain of toil, the fret of care."

We pray in the spirit of Samuel Longfellow, who also prayed in an era which tried men's souls:

"Holy Spirit, Truth divine,

Dawn upon this soul of mine;

Word of God, and inward Light,

Wake my spirit, clear my sight."
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:

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2003, and to expire April 1, 2008

At-Large:

Rosalind F. Neal, Route 1, Box 116, McCormick, S.C. 29835 VICE Ronald M. Davis

Referred to the Committee on Education.

Reappointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2004, and to expire July 1, 2008

At-Large:

Edward W. Wenrich, 2637 Persimmon Pond, John's Island, S.C. 29455

Referred to the General Committee.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2003, and to expire June 30, 2006

4th Congressional District:

Tarita Dunbar, 408 McIver Street, Greenville, S.C. 29601 VICE Mrs. Dayatra Baker-White

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2004, and to expire April 1, 2008

Interested Party:

Royce J. Carter, 108 Wineberry Way, Greenville, S.C. 29615 VICE Sharon D. Madison

Referred to the Committee on Medical Affairs.

The following was received:

Document No. 2900
Agency: Board of Education
SUBJECT: Student Attendance
Received by Lieutenant Governor April 15, 2004
Referred to Education Committee
Revised Legislative Review Expiration March 26, 2005
Withdrawn and Resubmitted   May 11, 2005

Senator DRUMMOND introduced Dr. Stanley C. Baker of Greenwood, S.C., Doctor of the Day.

On motion of Senator ANDERSON, at 12:00 P.M., Senator REESE was granted a leave of absence for today.

S. 218 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION, PARTISAN PRESIDENTIAL PRIMARY ELECTION, OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY OR HAS EXECUTED AN AFFIDAVIT AT THE POLLING PLACE FOR THE PRIMARY THAT HE IS A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO PROVIDE THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND TO AMEND SECTION 7-9-20 RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY, OR EXECUTING AN AFFIDAVIT AT THE PRIMARY POLLING PLACE AFFIRMING THAT THE VOTER IS A MEMBER OF THE POLITICAL PARTY HOLDING THE PRIMARY.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 218.

S. 467 (Word version) -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT UPON EXECUTION OF AN APPROPRIATE CONTRACT THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH IS AUTHORIZED TO TRANSFER A CERTAIN SUM OF MONEY FROM AN ACCOUNT DESIGNATED FOR THE

Senator HAYES asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

The Joint Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 486 (Word version) -- Senator Peeler: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE SENATE AT THE DEATH OF LESTER C. GUEST OF GAFFNEY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 487 (Word version) -- Senators Setzler and Knotts: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE MARC H. WESTBROOK, CIRCUIT JUDGE OF THE ELEVENTH CIRCUIT, SEAT 2, FOR HIS TRULY DISTINGUISHED CAREER AS A MEMBER OF OUR STATE'S JUDICIARY AND TO CONGRATULATE AND EXTEND BEST WISHES TO JUDGE WESTBROOK AND LEXINGTON COUNTY ON THE OCCASION OF THE NAMING OF THE MAIN COURTROOM IN THE NEW LEXINGTON COUNTY JUDICIAL CENTER IN HIS HONOR.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 488 (Word version) -- Senators Mescher, Bryant and Grooms: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT

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

S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND.
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Read the first time and referred to the Committee on Finance.

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.
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Read the first time and referred to the Committee on Finance.

S. 491 (Word version) -- Senators McConnell, Martin and Ford: A BILL TO AMEND SECTION 42-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO TIE THE MAXIMUM SALARY PAID TO THE ADMINISTRATIVE DIRECTOR TO THE SALARY PAID TO COMMISSIONERS INSTEAD OF CIRCUIT JUDGES.

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

S. 492 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CREATE AND OPERATE A STATEWIDE FIRST RESPONDER BUILDING MAPPING INFORMATION SYSTEM.
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Read the first time and referred to the Committee on Judiciary.

S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 494 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL FUEL GAS CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 495 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL RESIDENTIAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2918, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 496 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE BISHOP EDWARD SMITH, PASTOR OF THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST, INC., FOR HIS OUTSTANDING LEADERSHIP IN THE CHURCH AND COMMUNITY ON PASTOR APPRECIATION DAY, AND DECLARE FEBRUARY 27, 2005, AS BISHOP EDWARD SMITH DAY.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3086 (Word version) -- Reps. J. R. Smith, Cotty, Chellis, Scarborough, Bales, Brady, Cato, Ceips, Clark, Hamilton, Harrell, Haskins, Leach, Neilson, Perry, D. C. Smith, G. R. Smith, Townsend, Tripp, Vaughn, Walker, Coates, Owens, E. H. Pitts, Littlejohn, Rice, Witherspoon, Hinson, Mahaffey, Duncan, Huggins, Frye, Toole, Hagood, Loftis, Talley, White, Thompson, Bailey, Edge and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTING RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT AND SPECIAL SCHOOLS INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2005.

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

H. 3157 (Word version) -- Reps. Harrell, Chellis, Barfield, Wilkins, G. R. Smith, Leach, Kirsh, Bailey, Battle, Rice, Hinson, Clark, Walker, Cobb-Hunter and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 A REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN THAT 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; AND 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.

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

H. 3246 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AS A BIRD SANCTUARY THE GROUNDS OF THE PRESBYTERIAN HOME OF SOUTH CAROLINA LOCATED ON HIGHWAY 56 IN THE TOWN OF CLINTON IN LAURENS COUNTY.

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

H. 3275 (Word version) -- Reps. Duncan and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-1215 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO A CRIMINAL OFFENSE RESULTING FROM THE SHOOTING OF ANY BOVINE OR EQUINE ANIMAL SHALL ALSO HAVE HIS HUNTING PRIVILEGES SUSPENDED FOR A PERIOD OF TWO YEARS, AND TO PROVIDE THAT BEFORE THE SUSPENSION PERIOD MAY BE LIFTED, THE OFFENDER SUCCESSFULLY SHALL COMPLETE A HUNTER EDUCATION CLASS OR COURSE APPROVED BY THE DEPARTMENT EDUCATING THE OFFENDER ON THE PROPER USE OF WEAPONS, GAME IDENTIFICATION, AND SAFETY.

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

H. 3510 (Word version) -- Reps. McGee, Duncan and Owens: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 10, 2005.

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

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

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

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. 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.

On motion of Senator RITCHIE, the Joint Resolution was read the third time and ordered enrolled for Ratification by a vote of 46-0.

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

S. 135 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKERS' COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES MUST APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKERS' COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKERS' COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.

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

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 MAKEUP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS.

S. 255 (Word version) -- Senator Grooms: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LABELING AND MARKETING OF EGGS, SO AS TO FURTHER PROVIDE FOR THE REGULATION INCLUDING LICENSING OF SELLERS OF EGGS BY THE DEPARTMENT OF AGRICULTURE AND REQUIREMENTS FOR LABELING AND REFRIGERATED STORING OF EGGS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (S-97 AMENDMENT1), which was adopted:

Amend the bill, as and if amended, page 7, by striking line 18 and inserting:

/     SECTION 6. Chapter 7, Title 31 of the 1976 Code is amended by adding:

"Section 31-7-130. Nothing in this chapter relieves any government-owned telecommunications service provider from any of the provisions of Sections 58-9-2600 through 58-9-2650."

SECTION 7. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

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 PROVIDE THAT MODIFICATIONS PROMULGATED BY THE

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (S-131 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 23 and inserting:

/       modifications shall be reconsidered each time a new edition of the       /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: 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 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.

Senator LEVENTIS spoke on the Bill.

Senator RYBERG explained the Bill.

Senator MALLOY objected to further consideration of the Bill.

S. 408 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF FEBRUARY 6-12, 2005, AS BURN

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

The following Bills were carried over as follows:

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.

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 RITCHIE, the Bill was carried over.

S. 389 (Word version) -- Senators Grooms and Sheheen: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH

Senator GROOMS moved to recommit the Bill to the Committee on Agriculture and Natural Resources.

The Bill was recommitted to the Committee on Agriculture and Natural Resources.

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment P-1 (Doc. #SJ-83-17) 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.

Senator LAND argued in favor of the adoption of the amendment.

Senator RITCHIE raised a Point of Order that the Senator was speaking twice on the same amendment.

The PRESIDENT overruled the Point of Order.

Senator LAND argued in favor of the adoption of the amendment.

At 1:35 P.M., Senator McCONNELL assumed the Chair.

Senator LAND argued in favor of the adoption of the amendment.

At 1:39 P.M., the PRESIDENT assumed the Chair.

Senator LAND argued in favor of the adoption of the amendment.

At 2:22 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator RYBERG 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                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Richardson                Ryberg
Scott                     Setzler                   Sheheen
Short                     Smith, J. Verne           Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

Senator LAND argued in favor of the adoption of the amendment.

At 2:45 P.M., Senator SCOTT made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator RYBERG 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                   Moore                     O'Dell
Patterson                 Peeler                    Rankin
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Smith, J. Verne           Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

Senator LAND argued in favor of the adoption of the amendment.

Senator HUTTO argued in favor of the adoption of the amendment.

At 2:57 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator KNOTTS moved that the Senate stand adjourned.

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Grooms                    Hawkins
Hayes                     Hutto                     Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
McConnell                 McGill                    Mescher
Moore                     Patterson                 Peeler
Pinckney                  Rankin                    Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Thomas
Verdin                    Williams

The Senate refused to adjourn.

Senator HUTTO argued in favor of the adoption of the amendment.

Senator RITCHIE asked unanimous consent to make a motion that Senators HUTTO, KNOTTS, SHEHEEN, SCOTT and RITCHIE be granted leave to attend a subcommittee meeting and be counted in any quorum calls.

Senator LEVENTIS objected.

Senator HUTTO argued in favor of the adoption of the amendment.

At 3:35 P.M., Senator McCONNELL assumed the Chair.

Senator HUTTO continued arguing in favor of the adoption of the amendment.

At 4:00 P.M., the PRESIDENT assumed the Chair.

Senator HUTTO continued arguing in favor of the adoption of the amendment.

At 4:35 P.M., with Senator HUTTO retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 4:41 P.M., the Senate resumed.

Senator HUTTO continued arguing in favor of the adoption of the amendment.

At 4:43 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN 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                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Richardson
Ritchie                   Ryberg                    Scott
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

A quorum being present, the Senate resumed.

Senators FORD and SETZLER recorded their presence subsequent to the Call of the Senate.

Senator HUTTO continued arguing in favor of the adoption of the amendment.

At 4:52 P.M., Senator MARTIN moved under the provisions of Rule 15A to set a time certain of 5:10 P.M. to vote on the entire matter of S. 83.

Senator LEVENTIS made a Parliamentary Inquiry as to whether or not further amendments in the process of being prepared would be accepted on the Desk if the motion under Rule 15A were adopted.

The PRESIDENT stated that, if the motion were adopted, no further amendments would be accepted absent unanimous consent.

Senator SHEHEEN made a Parliamentary Inquiry as to the vote requirement necessary to adopt the motion under Rule 15A.

The PRESIDENT stated that a vote of the majority of the Senate would be required to adopt the motion.

Senator LEATHERMAN moved that the Senate stand in recess for ten minutes.

Senator THOMAS made a Parliamentary Inquiry as to whether the fifteen minutes would toll during the recess.

The PRESIDENT stated that, while the Senate was in recess, the time would not be tolled.

At 4:59 P.M., with Senator HUTTO retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 5:21 P.M., the Senate resumed.

Senator HUTTO resumed arguing in favor of the adoption of Amendment No. P-1.

At 5:25 P.M., Senator FORD asked unanimous consent to make a motion that the Senate recede for thirty minutes for the purpose of attending a meeting of the Black Caucus.

Senator KNOTTS objected.

Senator HUTTO continued arguing in favor of the adoption of the amendment.

At 5:36 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 83.

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

Alexander                 Bryant                    Campsen
Cleary                    Cromer                    Fair
Gregory                   Hayes                     Leatherman
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Richardson
Ritchie                   Ryberg                    Scott
Smith, J. Verne           Verdin

Anderson                  Courson                   Drummond
Elliott                   Ford                      Grooms
Hawkins                   Hutto                     Knotts
Land                      Leventis                  Lourie
Malloy                    Matthews                  McGill
Moore                     Patterson                 Pinckney
Rankin                    Setzler                   Sheheen
Short                     Williams

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator HUTTO continued arguing in favor of the adoption of the amendment.

At 5:59 P.M., Senator HAYES assumed the Chair.

Senator HUTTO continued arguing in favor of the adoption of the amendment.

At 7:05 P.M., the PRESIDENT assumed the Chair.

Senator HUTTO continued arguing in favor of the adoption of the amendment.

At 7:12 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Gregory                   Grooms                    Hawkins
Hayes                     Hutto                     Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Thomas                    Verdin                    Williams

A quorum being present, the Senate resumed.

Senator FORD recorded his presence subsequent to the Call of the Senate.

Senator HUTTO resumed arguing in favor of the adoption of the amendment.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns, it stand adjourned to meet at 10:00 A.M. on Wednesday, February 16, 2005.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator HUTTO retaining the floor.

On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned in memory of Mr. Lester Carlisle Guest of Gaffney, S.C. Mr. Guest was a Veteran of World War II, was employed by the Cherokee County Administration Office and served on the Election Commission for Cherokee County. He was also a member of the Board of Directors of Broad River Electric Cooperatives for over 50 years.

At 7:33 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.

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