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

Printed Page 792 . . . . . Thursday, February 17, 2005

Thursday, February 17, 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.

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

Beloved, hear these words:

"This is the day which the Lord has made. Let us rejoice and be glad in it!"
Let us pray.

Lord God, we thank You for this day and the opportunity to be of service to all the people of this great State! Lead and guide us in all that we do in this Chamber so that at the end of this day we will all have much to rejoice in!
Amen!

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

Doctor of the Day

Senator COURSON introduced Dr. John L. Eady of Columbia, S.C., Doctor of the Day.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 500 (Word version) -- Senators Jackson, Leatherman, Anderson, Drummond, Williams, Malloy, Patterson, Ford, Knotts, Short, Mescher, Elliott, Verdin, Leventis, Ritchie, Matthews, Hutto, Richardson, Peeler, Gregory, McGill, Pinckney, Rankin and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR

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THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
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Read the first time and referred to the Committee on Education.

S. 501 (Word version) -- Senators Patterson, Jackson, Richardson, Matthews, Leventis, Lourie, Reese, Land, Cromer and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
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Read the first time and referred to the Committee on Education.

S. 502 (Word version) -- Senators Campsen, Bryant, Grooms, Verdin, Ford, Sheheen, Malloy, Richardson, Mescher, Peeler, Cromer, Knotts, Ryberg, Hutto, Fair, O'Dell, Moore, Cleary, Martin, Ritchie, McGill, Gregory, Pinckney, Lourie and Williams: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT

Printed Page 794 . . . . . Thursday, February 17, 2005
BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.
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Read the first time and referred to the Committee on Finance.

S. 503 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175, SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE DESCRIBING CERTAIN OFFENSES THAT THE CHILD IS A VICTIM OF OR WITNESS TO IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 504 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 42-9-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSIGNMENT OF COMPENSATION CLAIMS UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO ESTABLISH PENALTIES FOR LATE PAYMENT OF CHARGES FOR HEALTH CARE GOODS OR SERVICES AND TO PROVIDE THAT PAYMENT MUST BE MADE DIRECTLY TO THE PROVIDER RATHER THAN TO THE CLAIMANT.
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Read the first time and referred to the Committee on Judiciary.

S. 505 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 1-30-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN BOARDS, COMMISSIONS, AND COMMITTEES BEING A PART OF THE OFFICE OF THE GOVERNOR, SO AS TO DELETE THE DIVISION OF VETERANS AFFAIRS AS A DIVISION OF THE GOVERNOR'S OFFICE; TO AMEND CHAPTER 11, TITLE 25, AS AMENDED, RELATING TO THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL

Printed Page 795 . . . . . Thursday, February 17, 2005
BECOME A SEPARATE AND AUTONOMOUS DEPARTMENT OF STATE GOVERNMENT WITH A GOVERNING BOARD TO CONSIST OF NINE PERSONS AND A DEPARTMENT DIRECTOR APPOINTED BY THE BOARD; AND TO AMEND SECTION 25-21-20, RELATING TO THE VETERANS TRUST FUND OF SOUTH CAROLINA AND SECTION 44-11-30, RELATING TO THE ESTABLISHMENT OF VETERANS HOMES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS IN ORDER TO REFLECT THE ABOVE PROVISIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 506 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 507 (Word version) -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, SO AS TO PROVIDE A MAXIMUM MILLAGE THAT MAY BE IMPOSED TO SERVICE A SCHOOL DISTRICT'S GENERAL OBLIGATION DEBT, TO PROVIDE THE METHOD OF CALCULATING THIS LIMIT, TO ALLOW THE LIMIT TO BE EXCEEDED UPON REFERENDUM APPROVAL, AND TO PROVIDE WHEN THIS LIMIT DOES NOT APPLY.
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Read the first time and referred to the Committee on Judiciary.

S. 508 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-145 SO AS TO PROVIDE THAT A CERTIFIED LAW

Printed Page 796 . . . . . Thursday, February 17, 2005
ENFORCEMENT OFFICER WHO PURCHASES A CONCEALABLE WEAPON MUST BE AFFORDED THE SAME RIGHTS AS THE HOLDER OF A CONCEALED WEAPON PERMIT, AND TO PROVIDE THAT THE FEE IMPOSED FOR A CRIMINAL BACKGROUND CHECK THAT MUST BE COMPLETED FOR A LAW ENFORCEMENT OFFICER COVERED BY THIS SECTION IS WAIVED.
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Read the first time and referred to the Committee on Judiciary.

S. 509 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE, A SIX-HOUR BOARD-APPROVED HAIR BRAIDING COURSE, AND AN EXAMINATION; AND TO AMEND SECTION 40-7-20, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF BARBERS, SO AS TO DEFINE "HAIR BRAIDING".
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 510 (Word version) -- Senator Leatherman: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT OF 2005, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-110 SO AS TO PROVIDE THAT MEDICAID RECIPIENTS ARE DEEMED TO HAVE CONSENTED TO GENERIC PRESCRIPTION DRUG SUBSTITUTIONS; BY ADDING SECTIONS 44-6-115, 44-6-118, 44-6-121, AND 44-6-124 SO AS 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; BY ADDING SECTION 17-3-340 SO AS TO ALLOW THE COMMISSION ON INDIGENT DEFENSE TO CARRY FORWARD UNPAID OBLIGATIONS AND PAY THEM FROM FUNDS APPROPRIATED FOR THE SUCCEEDING FISCAL YEAR; BY

Printed Page 797 . . . . . Thursday, February 17, 2005
ADDING SECTIONS 56-1-545 AND 56-1-550 SO AS TO PROHIBIT THE SALE OF SOCIAL SECURITY NUMBERS BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE THAT NO FEE IS DUE ON ANNUAL LICENSE PLATE VALIDATION STICKERS FOR PUBLIC LAW ENFORCEMENT VEHICLES; BY ADDING SECTIONS 24-1-295 AND 24-1-300 SO AS TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO RETAIN CANTEEN OPERATION REVENUES AND, PROVIDE FOR THEIR USE, PROVIDE THAT CANTEEN OPERATIONS MUST BE TREATED AS AN ENTERPRISE FUND, AND TO PROVIDE FOR THE USE OF SOCIAL SECURITY BENEFITS OF INMATES; BY ADDING SECTION 24-21-310 SO AS TO ALLOW THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO SET A PER DAY HOUSING AND FOOD CHARGE FOR THE OPERATION OF RESTITUTION CENTERS; BY ADDING SECTIONS 20-7-6915, 20-7-6920, 20-7-6925, AND 20-7-6930 SO AS TO PROVIDE FOR THE RELEASE FOR GOOD BEHAVIOR OF A CHILD COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, TO ALLOW THIS DEPARTMENT TO PLACE JUVENILES IN MARINE AND WILDERNESS OR OTHER COMMUNITY RESIDENCE PROGRAMS OPERATED BY NONGOVERNMENTAL ENTITIES, TO PROVIDE FOR THE EDUCATION OF JUVENILES COMMITTED TO THAT DEPARTMENT WHO HAVE BEEN ENROLLED IN BUT NOT COMPLETED A GED PROGRAM, TO PROVIDE FOR PAROLE CREDIT FOR TIME SPENT BY A JUVENILE IN A SECURE PRE-DISPOSITIONAL FACILITY; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE FUNDING LEVELS FOR THE PROPERTY TAX RELIEF FUND; BY ADDING SECTIONS 27-18-195, 11-5-290, 11-5-300, AND 11-5-310 SO AS TO PROVIDE THE NOTICE REQUIREMENT FOR THE STATE TREASURER FOR UNCLAIMED PROPERTY, TO ALLOW THE STATE TREASURER TO CHARGE AN INVESTMENT FEE, TO PROVIDE FOR ELECTRONIC QUARTERLY PUBLICATION OF STATE FINANCES, AND TO ALLOW THE STATE TREASURER TO CHARGE THE ACTUAL COSTS OF ADMINISTERING AND MANAGING STATE DEBT; BY ADDING SECTION 11-11-165 SO AS TO ALLOW AGENCIES A PARTIAL CARRY FORWARD OF UNEXPENDED APPROPRIATIONS AND THE OPERATION OF THIS CARRY FORWARD; BY ADDING SECTION 12-37-2738 SO AS TO PROVIDE A ZERO BALANCE IN THE PERSONAL
Printed Page 798 . . . . . Thursday, February 17, 2005
PROPERTY TAX RELIEF FUND AND PROVIDE THROUGH THE PROPERTY TAX RELIEF FUND FOR A SHORTFALL IN REVENUE IN A COUNTY IN WHICH IS IMPOSED THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND TO PROVIDE THAT REFERENCES TO NUMBERED PARAGRAPHS OF TEMPORARY LAWS IN THE GENERAL APPROPRIATIONS ACT ARE FOR IDENTIFICATION PURPOSES ONLY.
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Read the first time and referred to the Committee on Finance.

S. 511 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE, IF REQUIRED BY THE PROPERTY BYLAWS, AND TO PROVIDE, FURTHER, FOR DISTRIBUTION OF INSURANCE PROCEEDS.
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Read the first time and referred to the Committee on Judiciary.

S. 512 (Word version) -- Senators McConnell and Campsen: A CONCURRENT RESOLUTION TO COMMEND THE USS GEORGE BANCROFT, A UNITED STATES NAVAL SUBMARINE HOME PORTED AT THE CHARLESTON NAVAL BASE, AND ITS CREWS FOR OUTSTANDING SERVICE TO OUR COUNTRY WHILE THE SUBMARINE WAS IN ACTIVE COMMISSIONED SERVICE, AND TO WELCOME FORMER CREW MEMBERS TO CHARLESTON AND SOUTH CAROLINA ON THE OCCASION OF THEIR REUNION.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers,

Printed Page 799 . . . . . Thursday, February 17, 2005
Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO ALLOW THE COURT TO CHANGE THE PLACE OF TRIAL WHEN THE CONVENIENCE OF WITNESSES AND THE ENDS OF JUSTICE WOULD BE PROMOTED BY THE CHANGE; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO
Printed Page 800 . . . . . Thursday, February 17, 2005
FRIVOLOUS LAWSUITS, AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS.

Senator MARTIN spoke on the Bill.

Objection

Senator MARTIN asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator HUTTO objected.

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

H. 3126 (Word version) -- Reps. Duncan, Rice and M. A. Pitts: A BILL TO AMEND SECTION 56-3-1250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, CONTENT, POSSESSION, AND DISPLAY OF A VEHICLE REGISTRATION CARD, AND THE PENALTY FOR THE FAILURE OF THE OWNER OF A VEHICLE TO SIGN THE VEHICLE'S REGISTRATION CARD, SO AS TO DELETE THE PROVISION THAT REQUIRES A VEHICLE OWNER TO SIGN THE VEHICLE'S REGISTRATION CARD AND THE PENALTY FOR THE FAILURE OF THE OWNER OF A VEHICLE TO SIGN THE VEHICLE'S REGISTRATION CARD.

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

H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.

Read the first time and referred to the Committee on Medical Affairs.

H. 3512 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH

Printed Page 801 . . . . . Thursday, February 17, 2005
CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3563 (Word version) -- Reps. Kirsh, Delleney, Emory, McCraw, Moody-Lawrence, Norman and Simrill: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 30, 2005, AS "YORK COUNTY DAY" IN SOUTH CAROLINA.

On motion of Senator HAYES, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

REPORTS OF STANDING COMMITTEES

Senator ALEXANDER from the Committee on Invitations polled out S. 395 favorable:

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

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

Printed Page 802 . . . . . Thursday, February 17, 2005

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

THIRD READING BILLS

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

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.

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.

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.

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 PURCHASE OR CONSTRUCTION OF A CHILD AND

Printed Page 803 . . . . . Thursday, February 17, 2005
ADOLESCENT FACILITY AT THE CATAWBA COMMUNITY MENTAL HEALTH CENTER TO THE FRIENDS OF THE FAMILY CENTER, A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF RAISING ADDITIONAL FUNDING TO PURCHASE A SUITABLE BUILDING TO SERVE AS A CHILD AND ADOLESCENT MENTAL HEALTH FACILITY TO BE NAMED THE CATAWBA FAMILY CENTER.

COMMITTED

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.

Senator RITCHIE asked unanimous consent to commit the Bill to the Committee on Judiciary.

CARRIED OVER

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.

Printed Page 804 . . . . . Thursday, February 17, 2005
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

OBJECTION

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E.H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING

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THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO ALLOW THE COURT TO CHANGE THE PLACE OF TRIAL WHEN THE CONVENIENCE OF WITNESSES AND THE ENDS OF JUSTICE WOULD BE PROMOTED BY THE CHANGE; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS, AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS.

Senator MARTIN moved to recall the Bill from the Committee on Judiciary.

Point of Order

Senator LEVENTIS raised a Point of Order under Rule 22 that the motion was out of order inasmuch as unanimous consent would be required to recall the Bill on the same day in which it was introduced.   Senator McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

Senator MALLOY objected.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

READ THE THIRD TIME, SENT TO THE HOUSE

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

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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 JOINT UNDERWRITING ASSOCIATION AND BOARD OF GOVERNORS FOR THE PATIENTS' COMPENSATION FUND, BY ADDING SECTION 38-79-40, SO AS TO PROHIBIT A PERSON SERVING IN THESE AGENCIES FROM BEING EMPLOYED OR COMPENSATED BY EITHER OF THESE AGENCIES; TO AMEND SECTION 38-79-460, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT THE FUND SHALL BE MANAGED BY THE BOARD OF GOVERNORS RATHER THAN THE STATE TREASURER; TO AMEND SECTION 38-79-470, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT MONEY SHALL BE WITHDRAWN FROM THE FUND UPON SIGNATURE OF THE CHAIRMAN OF THE BOARD OF GOVERNORS; AND TO AMEND SECTION 40-47-211, RELATING TO THE BOARD OF MEDICAL EXAMINERS, SO AS TO ALTER THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR LAY MEMBERS.

By prior motion of Senator McCONNELL, with unanimous consent

DEBATE INTERRUPTED

S. 345 (Word version) -- Senator Martin: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 41, SO AS TO PROVIDE THAT IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator MARTIN explained the Bill on behalf of the Judiciary Committee.

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

ADJOURNMENT

At 11:44 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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