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

Printed Page 823 . . . . . Wednesday, February 23, 2005

Wednesday, February 23, 2005
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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:

Hear St. Paul to the Romans (12:2):

"Be not conformed to this world, but be ye transformed by the renewing of your mind, that you may prove what is the good, and acceptable, and perfect will of God."

Let us pray.

Father, we thank you for the revelation that there is a better qualitative way of life than this we are now living on earth!

Help us to move to higher ground as St. Paul urged the Romans by the indwelling SPIRIT OF OUR GOD!
Amen!

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Calhoun County Master-in-Equity, with term to commence August 13, 2003, and to expire August 13, 2009

Martin R. Banks, 312 Tamwood Circle, Cayce, S.C. 29033 VICE Thomas P. Culclasure

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

Kimberly H. Lookabill, 131 Moon Shadow Lane, Summerville, S.C. 29485 VICE Joseph Cunningham

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

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James H. Messervy, Sr., 100 Fairway Dr., Summerville, S.C. 29483 VICE Joseph Cunningham

S. 465--CO-SPONSOR ADDED

S. 465 (Word version) -- Senators Martin and Ritchie: 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.

On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 465.

S. 368--CO-SPONSOR ADDED

S. 368 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.

On motion of Senator O'DELL, with unanimous consent, the name of Senator O'DELL was added as a co-sponsor of S. 368.

S. 75--CO-SPONSOR ADDED

S. 75 (Word version) -- Senators Knotts, Hutto and O'Dell: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 75.

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S. 184--CO-SPONSOR ADDED

S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher and Williams: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

On motion of Senator McGILL, with unanimous consent, the name of Senator McGILL was added as a co-sponsor of S. 184.

S. 268--CO-SPONSOR ADDED

S. 268 (Word version) -- Senator Peeler: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.

On motion of Senator CLEARY, with unanimous consent, the name of Senator CLEARY was added as a co-sponsor of S. 268.

S. 361--CO-SPONSOR ADDED

S. 361 (Word version) -- Senators Peeler, Ritchie, Thomas, Hawkins, Rankin, Lourie and Sheheen: 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

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CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.

On motion of Senator CLEARY, with unanimous consent, the name of Senator CLEARY was added as a co-sponsor of S. 361.

S. 305--CO-SPONSOR ADDED

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, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS OF DIRECTORS OF ALL STATE AGENCIES RECEIVING MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE GROWTH OF MEDICAID AND IMPROVING THE STATE MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND REVIEWS OF STATE AGENCIES RECEIVING MEDICAID FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO, AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6,

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TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING PROVISIONS REQUIRING AUDITS, SANCTIONS, AND CONTRACTING WITH OTHER ENTITIES TO PREVENT MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT NAMES AND OTHER IDENTIFYING INFORMATION TO THE DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD PARTY LIABILITY AND DRUG REBATE COLLECTION EFFORTS FROM THE REVENUE COLLECTED IN THOSE EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO NURSING HOME BED FRANCHISE FEES.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 305.

S. 185--CO-SPONSOR ADDED

S. 185 (Word version) -- Senators Martin, McConnell, Alexander, Ford and Bryant: A BILL TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COMBINING THE OFFICIAL BALLOT FOR PRESIDENTIAL ELECTORS WITH ANY OTHER OFFICIAL BALLOTS.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 185.

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S. 416--CO-SPONSOR REMOVED

S. 416 (Word version) -- Senators Leatherman, Land, Alexander, Grooms, Matthews, Verdin, Ritchie, Rankin, Williams, Ryberg, Campsen, Setzler, J. Verne Smith, Knotts, Scott, Sheheen, Fair, Mescher, Lourie and Gregory: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.

On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was removed as a co-sponsor of S. 416.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session immediately following the completion of the Uncontested Statewide and Local Calendar.

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INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 516 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 1, 2005, AND FRIDAY, DECEMBER 2, 2005, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 517 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE MR. AND MRS. J.W. LAWRENCE AND FAMILY OF SPARTANBURG COUNTY ON THE OCCASION OF THE FIFTIETH ANNIVERSARY OF THEIR NEWSPAPER, THE NEWS LEADER, AND TO EXTEND BEST WISHES TO THE PAPER FOR THE FUTURE.
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The Senate Resolution was adopted.

S. 518 (Word version) -- Senator Short: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROHIBIT CERTAIN CHARGES BY A CONSUMER CREDIT REPORTING AGENCY, TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, TO PROVIDE A PERSON RECEIVING A SELLER OR LENDER CREDIT CARD SOLICITATION IS NOT LIABLE FOR THE UNAUTHORIZED USE OF THE CREDIT CARD UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS

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CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 519 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.
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Read the first time and referred to the Committee on Finance.

S. 520 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 20-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT REQUIRING A PARENT TO PROVIDE HEALTH INSURANCE COVERAGE FOR A CHILD, SO AS TO PROVIDE THAT IN CHILD SUPPORT CASES ENFORCED BY THE DEPARTMENT OF SOCIAL SERVICES, THE DIVISION MUST USE THE NATIONAL MEDICAL SUPPORT NOTICE PROMULGATED BY FEDERAL LAW.
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Read the first time and referred to the Committee on Judiciary.

S. 521 (Word version) -- Senators Martin and Leatherman: A BILL TO AMEND SECTION 42-15-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION" AND "REHABILITATION PROFESSIONAL", AND TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM.
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Read the first time and referred to the Committee on Judiciary.

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S. 522 (Word version) -- Senator Leventis: A BILL TO AMEND THE 1976 CODE, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY OR THE ESTABLISHMENT OF AN EASEMENT OVER STATE PROPERTY.
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Read the first time and referred to the Committee on Finance.

S. 523 (Word version) -- Senators Richardson, Thomas, Ryberg and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-130 SO AS TO PROVIDE THAT AN EMPLOYER WHO EMPLOYS AN ILLEGAL ALIEN FOR WORK IN THIS STATE IS SUBJECT TO AN ADMINISTRATIVE FINE AND LOSS OF LICENSING BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 524 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF WILLIAM BLAKE "BILL" HALLMAN OF MCCORMICK AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

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S. 525 (Word version) -- Senator Moore: A SENATE RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO MR. AND MRS. WALTER MOSLEY, JR. OF EDGEFIELD ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM AND THEIR FAMILY EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.

S. 526 (Word version) -- Senators Ritchie, O'Dell, Verdin and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT CLASS A FEDERALLY LICENSED DISTRIBUTORS AND CLASS B LIQUOR STORES MAY DELIVER ALCOHOLIC LIQUORS ONLY TO ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON OR HIS AGENT LICENSED UNDER ARTICLE 5, CHAPTER 6, TITLE 61 FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY; BY ADDING SECTION 61-6-1650 SO AS TO PROHIBIT A LICENSEE OR HIS AGENT FROM KNOWINGLY OR WILFULLY REFILLING OR REUSING A BOTTLE OF LAWFULLY PURCHASED ALCOHOLIC LIQUORS OR OTHERWISE TAMPER WITH THE CONTENTS OF THE BOTTLE; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS TAX ON EACH CONTAINER OF ALCOHOLIC LIQUOR SOLD IN MINIBOTTLES, SO AS TO IMPOSE AN ADDITIONAL EXCISE TAX ON THE GROSS PROCEEDS OF SALES OF ALCOHOLIC LIQUOR BY THE DRINK FOR ON-PREMISES CONSUMPTION IN LICENSED ESTABLISHMENTS AND TO REQUIRE THOSE ENTITIES THAT

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ARE ALLOCATED AND RECEIVE MINIBOTTLE TAX REVENUES IN 2004-05 MUST RECEIVE THE SAME AMOUNT OF REVENUES FROM THE COMBINATION OF MINIBOTTLE TAX REVENUES AND LIQUOR BY THE DRINK REVENUES; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" THAT INCLUDES MINIBOTTLES AND OTHER CONTAINERS REGARDLESS OF SIZE; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1500, AS AMENDED, RELATING TO THE PROHIBITION ON THE RETAIL DEALER OF MINIBOTTLES, SO AS TO DELETE THE REQUIREMENT TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, AS AMENDED, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS AS AUTHORIZED BY LAW ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED
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THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2400, RELATING TO THE TAXABLE MINIBOTTLE, SO AS TO DELETE A REFERENCE TO "MINIBOTTLE" AND REPLACE IT WITH "LIQUOR SOLD BY THE DRINK"; AND TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE EXCISE TAX IMPOSED ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 527 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 2, 2005, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 2, 2005, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
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On motion of Senator LOURIE, with unanimous consent, the Concurrent Resolution was adopted and sent to the House.

H. 3389 (Word version) -- Reps. Ott, Cobb-Hunter, Govan and Rhoad: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 601 NORTH, FROM THE I-26 INTERCHANGE

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THROUGH JAMISON IN ORANGEBURG COUNTY TO THE ORANGEBURG COUNTY LINE, IN HONOR OF THE LATE F. HALL YARBOROUGH, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS "F. HALL YARBOROUGH MEMORIAL HIGHWAY".

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

H. 3486 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF DEERWOOD DRIVE FROM ITS INTERSECTION WITH CEDAR LANE TO UNITED STATES HIGHWAY 176 BY-PASS IN THE TOWN OF PACOLET "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE".

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

H. 3497 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Hardwick and Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE WHITE OAK SWAMP ALONG STATE ROAD 97 IN HORRY COUNTY THE "M. A. ARTIST MCCRACKEN BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. A. ARTIST MCCRACKEN BRIDGE."

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

H. 3597 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 2, 2005.

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

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H. 3602 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT SOUTH CAROLINA MARINAS PROVIDE TO OUR CITIZENS AND VISITORS IN TERMS OF RECREATION, REST, AND RELAXATION AND TO DECLARE AUGUST 13, 2005, AS "NATIONAL MARINA DAY IN SOUTH CAROLINA".

The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

H. 3606 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO CONGRATULATE THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM ON WINNING THE CLASS AAA VOLLEYBALL STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF OF THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM FOR A SEASON OF SPIRITED COMPETITION AND TREMENDOUS SUCCESS, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

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

H. 3610 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JARRETT DONALD NAGEL, OF CHERAW, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 3611 (Word version) -- Reps. Vick and Jennings: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF BRAVO BATTERY 3RD BATTALION, DETACHMENT, 178TH FIELD ARTILLERY OF CHERAW, SOUTH CAROLINA FROM THEIR TOUR OF DUTY IN IRAQ AND TO EXPRESS THE DEEPEST RESPECT AND ADMIRATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THESE SOLDIERS FOR THEIR COURAGE, BRAVERY, AND THE MANY SACRIFICES THEY HAVE MADE IN THEIR SERVICE TO OUR NATION AND THE PEOPLE OF IRAQ.

Printed Page 837 . . . . . Wednesday, February 23, 2005

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

H. 3612 (Word version) -- Reps. Vick and Jennings: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF BRAVO BATTERY 3RD BATTALION, 178TH FIELD ARTILLERY OF BENNETTSVILLE, SOUTH CAROLINA FROM THEIR TOUR OF DUTY IN IRAQ AND TO EXPRESS THE DEEPEST RESPECT AND ADMIRATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THESE SOLDIERS FOR THEIR COURAGE, BRAVERY, AND THE MANY SACRIFICES THEY HAVE MADE IN THEIR SERVICE TO OUR NATION AND THE PEOPLE OF IRAQ.

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

H. 3618 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, 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, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR REVEREND WILLIE WILSON III, PASTOR OF OAKEY SPRING MISSIONARY BAPTIST CHURCH, FOR HIS SERVICE AND COMMITMENT TO HIS CONGREGATION AND COMMUNITY FOR THE PAST SEVENTEEN YEARS.

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

Printed Page 838 . . . . . Wednesday, February 23, 2005

H. 3619 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO CONGRATULATE JOSHUA "JOSH" KYLE EVANS, OF CHERAW, SOUTH CAROLINA, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 3620 (Word version) -- Reps. Sandifer and Jennings: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 29th OF EACH YEAR AS "DALE EARNHARDT DAY" IN SOUTH CAROLINA.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report on:

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

Wednesday, March 9, 2005 - 8:00-10:00 AM
Members of the Senate and Staff, Biscuit Breakfast, 221 Blatt, by SC AVIATION ASSOCIATION
(Accepted-February 22, 2005)

Printed Page 839 . . . . . Wednesday, February 23, 2005
Wednesday, March 9, 2005 - 12:00-2:00 PM
Members of the Senate, Lunch, 221 Blatt, by SC URBAN LEAGUE OF COLUMBIA
(Accepted-February 22, 2005)

Wednesday, March 9, 2005 - 6:30-9:00 PM
Members of the Senate, Reception/"Bird Supper" Dinner, Embassy Suites, by HOME BUILDERS ASSOCIATION OF SC
(Accepted-February 22, 2005)

Thursday, March 10, 2005 - 8:00-10:00 AM
Members of the Senate, "Shrimp and Grits" - Breakfast, 221 Blatt, by ALPHA KAPPA ALPHA SORORITY
(Accepted-February 22, 2005)

Tuesday, March 29, 2005 - 6:00-8:00 PM
Members of the Senate, Oyster Roast, University House, by SC YOUNG BANKERS
(Accepted-February 22, 2005)

Wednesday, March 30, 2005 - 7:45-9:00 AM
Members of the Senate, Breakfast, Sheraton Hotel, by SC PRAYER FELLOWSHIP
(Accepted-February 22, 2005)

Wednesday, March 30, 2005 - 12:00-1:30 PM
Members of the Senate, "Catfish" Lunch, ETV Telecommunications Center, by ETV ENDOWMENT
(Accepted-February 22, 2005)

Wednesday, March 30, 2005 - 6:00-8:30 PM
Members of the Senate and Staff, Reception - "York County Day", Clarion Town House, by YORK COUNTY REGIONAL CHAMBER OF COMMERCE
(Accepted-February 22, 2005)

Thursday, March 31 - 8:00-10:00 AM
Members of the Senate and Staff, Breakfast, 221 Blatt, by MARCH OF DIMES
(Accepted-February 22, 2005)

Printed Page 840 . . . . . Wednesday, February 23, 2005

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 98 (Word version) -- Senators Reese, Martin, Knotts, Alexander, Mescher, Fair, Richardson, Ford and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 202 (Word version) -- Senators Sheheen, Lourie and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-175 SO AS TO PROVIDE THAT A LENDER WHO DELIVERS AN UNSOLICITED CHECK TO A PERSON MUST DISCLOSE THAT THE CHECK SECURES A LOAN, THE TERMS OF THE LOAN, AND NOTICE THAT BY NEGOTIATING THE CHECK THE RECIPIENT HAS ENTERED INTO A LOAN AGREEMENT, TO PROVIDE PROTECTION AND RECOURSE FOR INTENDED PAYEES IF AN UNSOLICITED CHECK IS CASHED FRAUDULENTLY, AND TO PROVIDE THAT A VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE AND SUBJECT TO APPROPRIATE PENALTIES AND ENFORCEMENT.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

S. 319 (Word version) -- Senators Hayes, Malloy, Moore, Williams, O'Dell, McGill, Short and Leventis: A BILL TO AMEND CHAPTER 2, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DOCUMENTS DEPOSITORY SYSTEM, SO AS TO REVISE DEFINITIONS AND PROCEDURES IN ORDER TO PROVIDE FOR THE ACQUISITION OF MATERIALS IN BOTH

Printed Page 841 . . . . . Wednesday, February 23, 2005
PRINT AND ELECTRONIC FORMATS AND TO DELETE CERTAIN OBSOLETE REFERENCES.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 320 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES RESERVE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a favorable report on:

S. 321 (Word version) -- Senators Moore and Martin: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS; AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO PUBLICATION AND DISTRIBUTION OF OTHER MILITARY ROSTERS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 339 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 21, TITLE 12 OF THE 1976 CODE, BY ADDING SECTION 12-21-1085, TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE TAXES PROVIDED FOR IN ARTICLE 7 ARE IN LIEU OF ALL OTHER TAXES ON BEER AND WINE.

Ordered for consideration tomorrow.

Printed Page 842 . . . . . Wednesday, February 23, 2005

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 365 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM RETENTION AMOUNT FOR EACH INSTALLMENT PENDING COMPLETION OF THE PROJECT FROM FIVE PERCENT TO THREE AND ONE-HALF PERCENT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 368 (Word version) -- Senators Leatherman and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

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

Printed Page 843 . . . . . Wednesday, February 23, 2005
APPROPRIATED FOR THE SUCCEEDING FISCAL YEAR; BY 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
Printed Page 844 . . . . . Wednesday, February 23, 2005
AS TO PROVIDE A ZERO BALANCE IN THE PERSONAL 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.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

H. 3396 (Word version) -- Reps. Bowers and Rivers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON SEPTEMBER 27, 2004, BY THE STUDENTS OF SCHOOLS IN HAMPTON SCHOOL DISTRICT ONE IN HAMPTON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT THE FULL SCHOOL DAY MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., February 22, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

LOCAL APPOINTMENT

Initial Appointment, Calhoun County Master-in-Equity, with term to commence August 14, 2003, and to expire August 13, 2009

Martin R. Banks, 312 Tamwood Circle, Cayce, S.C. 29033 VICE Thomas P. Culclasure
Very respectfully,
Speaker of the House

Received as information.

Printed Page 845 . . . . . Wednesday, February 23, 2005

Message from the House

Columbia, S.C., February 15, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

STATEWIDE APPOINTMENT

Initial Appointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2003, and to expire July 1, 2007

5th Congressional District:

T. J. Martin, 1255 Filbert Highway, York, S.C. 29745 VICE Ewell C. Black

Received as information.

HOUSE CONCURRENCES

S. 331 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE OVER THE LYNCHES RIVER ON HIGHWAY 52 BETWEEN EFFINGHAM AND LAKE CITY IN MEMORY OF DEPUTY JOSEPH C. RODGERS AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

S. 514 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND JERRY GUO OF GREER UPON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD, TO RECOGNIZE HIM FOR AN

Printed Page 846 . . . . . Wednesday, February 23, 2005
OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, AND TO EXTEND TO HIM BEST WISHES IN ALL HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

THIRD READING BILL

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

S. 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.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
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

Printed Page 847 . . . . . Wednesday, February 23, 2005
INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE 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,
Printed Page 848 . . . . . Wednesday, February 23, 2005
RELATING TO FRIVOLOUS CIVIL PROCEEDINGS; AND TO 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 spoke on the Bill.

ACTING PRESIDENT PRESIDES

At 3:24 P.M., Senator COURSON assumed the Chair.

Senator MARTIN spoke on the Bill.

Senator HUTTO spoke on the Bill.

PRESIDENT PRESIDES

At 4:41 P.M., the PRESIDENT assumed the Chair.

Senator HUTTO spoke on the Bill.

With Senator HUTTO retaining the floor, on motion of Senator McCONNELL, with unanimous consent, Amendment No. P-7 was taken up for immediate consideration.

Amendment No. P-7

Senators McCONNELL, LAND, MARTIN, HUTTO and RITCHIE proposed the following Amendment No. P-7 (JUD0345.029), which was adopted:

Amend the committee report, as and if amended, page [345-12], beginning on line 12, in Section 34-31-20(B), as contained in SECTION 7, by striking lines 12 through 19 in their entirety and inserting therein the following:

/   the damages are awarded, plus four percentage points, compounded annually. The South Carolina Supreme Court shall issue an order by January 15 of each year confirming the annual prime rate. This section applies to all judgments entered on or after July 1, 2005. For judgments entered between July 1, 2005, and January 14, 2006, the legal rate of interest shall be the first prime rate as published in the first

Printed Page 849 . . . . . Wednesday, February 23, 2005
edition of the Wall Street Journal after January 1, 2005, plus four percentage points."   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, the amendment was adopted.

With Senator HUTTO retaining the floor, on motion of Senator McCONNELL, with unanimous consent, Amendment No. P-8 was taken up for immediate consideration.

Amendment No. P-8

Senators McCONNELL, MARTIN and RITCHIE proposed the following Amendment No. P-8 (JUD0345.027), which was adopted:

Amend the committee report, as and if amended, pgs. [345-10 through 345-11], by striking SECTION 6 and inserting therein the following:

/   SECTION   6.   Title 15 of the 1976 Code is amended by adding:     "Joint and Several Liability

Section 15-38-15.   (A)   In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss or for noneconomic loss such as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or loss of companionship resulting from tortious conduct, if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than twenty percent of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants; and (ii) the fault ('comparative negligence'), if any, of plaintiff. A defendant whose conduct is determined to be less than twenty percent of total fault shall only be liable for that percentage of the indivisible damages awarded against all defendants.

(B)   Apportionment of percentages of fault among defendants is to be determined as specified in subsection (C).

(C)   The jury, or the court if there is no jury, shall:

(1)   specify the amount of damages;

Printed Page 850 . . . . . Wednesday, February 23, 2005

(2)   determine the percentage of fault, if any, of plaintiff and the amount of recoverable damages under applicable rules concerning 'comparative negligence'; and

(3)   upon a motion by at least one defendant, where there is a verdict under items (1) and (2) above for damages against two or more defendants for the same indivisible injury, death, or damage to property, specify in a separate verdict under the procedures described at subitem (b) below the percentage of liability that proximately caused the indivisible injury, death, damage to property, or economic loss from tortious conduct, as determined by (1) above, that is attributable to each defendant whose actions are a proximate cause of the indivisible injury, death, or damage to property. In determining the percentage attributable to each defendant, any fault of the plaintiff, as determined by (2) above, will be included so that the total of the percentages of fault attributed to the plaintiff and to the defendants must be one hundred percent.

(a)   For this purpose, the court may determine that two or more persons are to be treated as a single party. Such treatment must be used where two or more defendants acted in concert or where, by reason of agency, employment, or other legal relationship, a defendant is vicariously responsible for the conduct of another defendant.

(b)   After the initial verdict awarding damages is entered and before the special verdict on percentages of liability is rendered, the parties shall be allowed oral argument, with the length of such argument subject to the discretion of the trial judge, on the determination of the percentage attributable to each defendant. However, no additional evidence shall be allowed.

(D)   Notwithstanding the application of this section, setoff from any settlement received from any potential tortfeasor prior to the verdict shall be applied in proportion to each defendant's percentage of liability as determined pursuant to subsection (C).

(E)   This section does not apply to a defendant whose conduct is determined to be intentional."   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, the amendment was adopted.

Printed Page 851 . . . . . Wednesday, February 23, 2005

With Senator HUTTO retaining the floor, on motion of Senator McCONNELL, with unanimous consent, Amendment No. P-9 was taken up for immediate consideration.

Amendment No. P-9

Senators McCONNELL, MARTIN and RITCHIE proposed the following Amendment No. P-9 (JUD0345.028), which was adopted:

Amend the committee report, pages [345-3 through 345-6], by striking SECTION 3 and inserting therein:

/   SECTION   3.   Section 15-7-30 of the 1976 Code is amended to read:

"Section 15-7-30.   (A)   As used in this section:

(1)   'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.

(2)   'Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.

(3)   'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

(4)   'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

(5)   'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.

(6)   'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.

(7)   'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.

(8)   'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.

(9)   'Nonresident individual' means a person who is not domiciled in this State.

(10)   'Principal place of business' means:

(a)   the corporation's home office location within the State from which the corporation's officers direct, control, or coordinate its activities;

(b)   the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or

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(c)   the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State if the corporation does not have a home office within the State and has more than one manufacturing, sales, or purchasing facility within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:

(i)   the number of employees located in any one county;

(ii)   the authority of the employees located in any one county; or

(iii)   the tangible corporate assets that exist in any one county.

(11)   'Resident individual' means a person who is domiciled in this State.

(B)   In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, the action shall must be tried in the county where it properly may be brought and tried against the defendant according to the provisions of this section in which the defendant resides at the time of the commencement of the action. If there be is more than one defendant then the action may be tried in any county where the action properly may be maintained against one of the defendants pursuant to this section in which one or more of the defendants to such action resides at the time of the commencement of the action. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court in the county where the action properly may be maintained according to this section to change the place of trial as provided in Section 15-7-100 or as otherwise in certain cases as provided by law.

(C)   A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:

(1)   defendant resides at the time the cause of action arose; or

(2)   most substantial part of the alleged act or omission giving rise to the cause of action occurred.

(D)   A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred; or

(2)   plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership,

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domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at its principal place of business at the time the cause of action arose.

(E)   A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership, must be brought and tried in the county in which the:

(1)   corporation, limited partnership, limited liability company, or limited liability partnership has its principal place of business at the time the cause of action arose; or

(2)   most substantial part of the alleged act or omission giving rise to the cause of action occurred.

(F)   A civil action tried pursuant to this section against a foreign corporation required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., a foreign limited partnership required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., foreign limited liability company required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., or foreign limited liability partnership required to possess a certificate of authority under the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred; or

(2)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.

(G)   A civil action tried pursuant to this section against a foreign corporation not required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., foreign limited partnership not required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., foreign limited liability company not required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., or foreign limited liability partnership not required to possess a certificate of authority under the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred;

(2)   plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership,

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domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at its principal place of business at the time the cause of action arose; or

(3)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.

(H)   Owning property and transacting business in a county is insufficient in and of itself to establish the principal place of business for a corporation for purposes of this section."   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, the amendment was adopted.

With Senator HUTTO retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the amendment proposed by the Committee on Judiciary was taken up for immediate consideration.

The Judiciary Committee proposed the following amendment (JUD0345.025), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

  /   PART I

GENERAL ASSEMBLY FINDINGS

SECTION   1.   The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina Constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of tort and other civil action reform as clearly enumerated in the title.

The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.

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  PART II

GENERAL PROVISIONS

SECTION   2.   Section 15-3-640 of the 1976 Code is amended to read:

"Section 15-3-640.   No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than thirteen nine years after substantial completion of such an the improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes:

(1)   an action to recover damages for breach of a contract to construct or repair an improvement to real property;

(2)   an action to recover damages for the negligent construction or repair of an improvement to real property;

(3)   an action to recover damages for personal injury, death, or damage to property;

(4)   an action to recover damages for economic or monetary loss;

(5)   an action in contract or in tort or otherwise;

(6)   an action for contribution or indemnification for damages sustained on account of an action described in this subdivision section;

(7)   an action against a surety or guarantor of a defendant described in this section;

(8)   an action brought against any current or prior owner of the real property or improvement, or against any other person having a current or prior interest in the real property or improvement;

(9)   an action against owners or manufacturers of components, or against any person furnishing materials, or against any person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.

This section describes an outside limitation of thirteen nine years after the substantial completion of the improvement, within which normal statutes of limitations continue to run.

Any A building permit for the construction of an improvement to real property shall must contain in bold type notice to the owner or possessor of the property of his rights under this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond thirteen nine years after substantial completion of the improvement. The Department of Consumer Affairs shall publish in conspicuous places the right of any an owner or possessor to contract

Printed Page 856 . . . . . Wednesday, February 23, 2005
for such extended liability under this section. Nothing in this section shall prohibit any prohibits a person from entering into any a contractual agreement prior to the substantial completion of the improvement which extends any guarantee of a structure or component being free from defective or unsafe conditions beyond thirteen nine years after substantial completion of the improvement or component.

(10)   For any improvement to real property, a certificate of occupancy issued by a county or municipality shall constitute proof of substantial completion of the improvement under the provisions of Section 15-3-630, unless the contractor and owner, by written agreement, establish a different date of substantial completion."

SECTION   3.   Section 15-7-30 of the 1976 Code is amended to read:

"Section 15-7-30.   (A)   As used in this section:

(1)   'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.

(2)   'Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.

(3)   'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

(4)   'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.

(5)   'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.

(6)   'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.

(7)   'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.

(8)   'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.

(9)   'Nonresident individual' means a person who is not domiciled in this State.

(10)   'Principal place of business' means:

(a)   the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;

Printed Page 857 . . . . . Wednesday, February 23, 2005

(b)   the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or

(c)   the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:

(i)   the number of employees located in any one county;

(ii)   the authority of the employees located in any one county;

(iii)   the tangible corporate assets that exist in any one county.

(11)   'Resident individual' means a person who is domiciled in this State.

(B)   In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, the action shall must be tried in the county where it properly may be brought and tried against the defendant according to the provisions of this section in which the defendant resides at the time of the commencement of the action. If there be is more than one defendant then the action may be tried in any county where the action properly may be maintained against one of the defendants pursuant to this section in which one or more of the defendants to such action resides at the time of the commencement of the action. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject however to the power of the court in the county where the action properly may be maintained according to this subsection to change the place of trial as provided in Section 15-7-100(C) or as otherwise in certain cases as provided by law.

(C)   A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:

(1)   defendant resides at the time the cause of action arose; or

(2)   most substantial part of the alleged act or omission giving rise to the cause of action occurred.

(D)   A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred; or

Printed Page 858 . . . . . Wednesday, February 23, 2005

(2)   plaintiff resides, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at any of its principal places of business at the time the cause of action arose.

(E)   A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership, must be brought and tried in the county in which the:

(1)   corporation, limited partnership, limited liability company, or limited liability partnership has its principal place of business at the time the cause of action arose; or

(2)   most substantial part of the alleged act or omission giving rise to the cause of action occurred.

(F)   A civil action tried pursuant to this section against a foreign corporation required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., a foreign limited partnership required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., foreign limited liability company required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., or foreign limited liability partnership required to possess a certificate of authority under the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred; or

(2)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has any of its principal places of business at the time the cause of action arose.

(G)   A civil action tried pursuant to this section against a foreign corporation not required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., foreign limited partnership not required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., foreign limited liability company not required to possess a certificate of authority under the provisions of Section 33-15-101 et seq., or foreign limited liability partnership not required to possess a certificate of authority under the provisions of Section 33-15-101 et seq. must be brought and tried in the county in which the:

Printed Page 859 . . . . . Wednesday, February 23, 2005

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred;

(2)   plaintiff resides, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at any of its principal places of business at the time the cause of action arose; or

(3)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has any of its principal places of business at the time the cause of action arose.

(H)   Owning property and transacting business in a county is insufficient in and of itself to establish the principal place of business for a corporation for purposes of this section."

SECTION   4.   Section 15-7-100 of the 1976 Code is amended to read:

"Section 15-7-100.   (A)   The court may change the place of trial in the following cases if:

(1)   When the it is a court in a county designated for that purpose in the complaint, but the designated county is not the proper county pursuant to the provisions of Chapter 7 of Title 15 of the 1976 Code of South Carolina or other statutes providing for the venue of actions;

(2)   When there is reason to believe that a fair and impartial trial cannot be had therein there; and or

(3)   When the convenience of witnesses and the ends of justice would be promoted by the change.

(B)   When the place of trial is changed, all other proceedings shall must be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties in writing duly filed or by order of the court. And the papers shall The pleadings and other papers must be filed or transferred accordingly."

SECTION   5.   Section 15-36-10 of the 1976 Code is amended to read:

"Section 15-36-10.   (A)(1)   Any person who takes part in the procurement, initiation, continuation, or defense of any civil proceeding is subject to being assessed for payment of all or a portion of the attorney's fees and court costs of the other party if:

(1)   he does so primarily for a purpose other than that of securing the proper discovery, joinder of parties, or adjudication of the claim upon which the proceedings are based; and

Printed Page 860 . . . . . Wednesday, February 23, 2005

(2)   the proceedings have terminated in favor of the person seeking an assessment of the fees and costs.

As used in this chapter, `person' is defined to mean any individual, corporation, company, association, firm, partnership, society, joint stock company, and any other entity, including any governmental entity or unincorporated association of persons. A pleading filed in a civil or administrative action on behalf of a party who is represented by an attorney must be signed by at least one attorney of record who is an active member of the South Carolina Bar or who is admitted to practice in the courts of this State and must include the address and telephone number of the attorney signing the document.

(2)   A document filed in a civil or administrative action by a party who is not represented by an attorney must be signed by the party and must include the address and telephone number of the party.

(3)   The signature of an attorney or a pro se litigant constitutes a certificate to the court that:

(a)   the person has read the document;

(b)   a reasonable attorney in the same circumstances would believe that under the facts his claim or defense may be warranted under the existing law or, if his claim or defense is not warranted under the existing law, a good faith argument exists for the extension, modification, or reversal of existing law;

(c)   a reasonable attorney in the same circumstances would believe that his procurement, initiation, continuation, or defense of a civil cause is not intended merely to harass or injure the other party; and

(d)   a reasonable attorney in the same circumstances would believe his claim or defense is not frivolous, interposed for delay, or brought for any purpose other than securing proper discovery, joinder of parties, or adjudication of the claim or defense upon which the proceedings are based.

(4)   An attorney or pro se litigant participating in a civil or administrative action or defense may be sanctioned for:

(a)   filing a frivolous pleading, motion, or document if:

(i)     the person has not read the frivolous pleading, motion, or document;

(ii)   a reasonable attorney in the same circumstances would believe that under the facts, his claim or defense was clearly not warranted under existing law and that a good faith or reasonable argument did not exist for the extension, modification, or reversal of existing law;

Printed Page 861 . . . . . Wednesday, February 23, 2005

(iii)   a reasonable attorney presented with the same circumstances would believe that the procurement, initiation, continuation, or defense of a civil cause was intended merely to harass or injure the other party; or

(iv)   a reasonable attorney presented with the same circumstances would believe the pleading, motion, or document is frivolous, interposed for merely delay, or merely brought for any purpose other than securing proper discovery, joinder of parties, or adjudication of the claim or defense upon which the proceedings are based;

(b)   making frivolous arguments a reasonable attorney would believe were not reasonably supported by the facts; or

(c)   making frivolous arguments that a reasonable attorney would believe were not warranted under the existing law or if there is no good faith argument that exists for the extension, modification, or reversal of existing law.

(B)(1)   If a document is not signed or does not otherwise comply with this section, it must be stricken unless it is signed promptly or amended to comply with this section after the omission is called to the attention of the attorney or the party.

(2)   If a document is signed in violation of this section, or an attorney or pro se litigant has violated subsection (A)(4), the court, upon its own motion or motion of a party, may impose upon the person in violation any sanction which the court considers just, equitable, and proper under the circumstances.

(C)(1)   At the conclusion of a trial and after a verdict for or a verdict against damages has been rendered or a case has been dismissed by a directed verdict, summary judgment, or judgment notwithstanding the verdict, upon motion of the prevailing party, the court shall proceed to determine if the claim or defense was frivolous. An attorney, party, or pro se litigant shall be sanctioned for a frivolous claim or defense if the court finds the attorney, party, or pro se litigant failed to comply with one of the following conditions:

(a)   a reasonable attorney in the same circumstances would believe that under the facts, his claim or defense was clearly not warranted under existing law and that a good faith or reasonable argument did not exist for the extension, modification, or reversal of existing law;

(b)   a reasonable attorney in the same circumstances would believe that his procurement, initiation, continuation, or defense of the civil suit was intended merely to harass or injure the other party; or

Printed Page 862 . . . . . Wednesday, February 23, 2005

(c)   a reasonable attorney in the same circumstances would believe that the case or defense was frivolous as not reasonably founded in fact or was interposed merely for delay, or was merely brought for a purpose other than securing proper discovery, joinder of proposed parties, or adjudication of the claim or defense upon which the proceedings are based.

(2)   Unless the court finds by a preponderance of the evidence that an attorney, party, or pro se litigant engaged in advancing a frivolous claim or defense, the attorney, party, or pro se litigant shall not be sanctioned.

(D)   A person is entitled to notice and an opportunity to respond before the imposition of sanctions pursuant to the provisions of this section. A court or party proposing a sanction pursuant to this section shall notify the court and all parties of the conduct constituting a violation of the provisions of this section and explain the basis for the potential sanction imposed. Upon notification, the attorney, party, or pro se litigant who allegedly violated subsection (A)(4) has thirty days to respond to the allegations as that person considers appropriate, including, but not limited to, by filing a motion to withdraw the pleading, motion, document, or argument or by offering an explanation of mitigation.

(E)   In determining if an attorney, party, or a pro se litigant has violated the provisions of this section, the court shall take into account:

(1)   the number of parties;

(2)   the complexity of the claims and defenses;

(3)   the length of time available to the attorney, party, or pro se litigant to investigate and conduct discovery for alleged violations of the provisions of subsection (A)(4);

(4)   information disclosed or undisclosed to the attorney, party, or pro se litigant through discovery and adequate investigation;

(5)   previous violations of the provisions of this section;

(6)   the response, if any, of the attorney, party, or pro se litigant to the allegation that he violated the provisions of this section; and

(7)   other factors the court considers just, equitable, or appropriate under the circumstances.

(F)   In determining whether sanctions are appropriate or the severity of a sanction, the court shall consider previous violations of the provisions of this section.

(G)   Sanctions may include:

(1)   an order for the party represented by an attorney or pro se litigant to pay the reasonable costs and attorney's fees of the prevailing

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party under a motion pursuant to this section. Costs shall include, but not be limited to, the following: the time required of the prevailing party by the frivolous proceeding; and travel expenses, mileage, parking, costs of reports, and any additional reasonable consequential expenses of the prevailing party resulting from the frivolous proceeding;

(2)   an order for the attorney to pay a reasonable fine to the court; or

(3)   a directive of a nonmonetary nature, including injunctive relief, designed to deter a future frivolous action or an action in bad faith.

(H)   If the court imposes a sanction to an attorney in violation of the provisions of this section, the court shall report its findings to the South Carolina Commission of Lawyer Conduct.

(I)   This act shall not alter the South Carolina Rules of Civil Procedure or the South Carolina Appellate Court Rules.

(J)   The provisions of this section apply in addition to all other remedies available at law or in equity.

(K)   The amount requested for damages in a pleading may not be considered in a determination of a violation of the provisions of this section.

(L)   All violations of the provisions of this section must be reported to the South Carolina Supreme Court and a public record must be maintained and reported annually to the Governor, Senate, and House of Representatives."

SECTION   6.   Title 15 of the 1976 Code is amended by adding:

  "Joint and Several Liability

Section 15-38-15.   (A)   In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss resulting from tortious conduct, if the damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than twenty percent of the total fault for the damages as compared with the fault of all the defendants. A defendant whose conduct is determined to be less than twenty percent of total fault shall only be liable for that percentage of the total damages awarded against all defendants. Apportionment of percentages of fault among defendants is to be determined as specified in subsection (C).

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(B)   The proportionate share of damages for which each defendant is liable is calculated by multiplying the damages by a fraction in which the numerator is the defendant's percentage of liability determined pursuant to subsection (C), and the denominator is the total of the percentages of liability determined pursuant to subsection (C), to be attributable to all defendants whose actions are a proximate cause of the injury, death, damage to property, or economic loss from tortious conduct. A percentage of liability attributable to the claimant may not be included in the denominator of the fraction.

(C)   The jury, or the court if there is no jury, shall:

(1)   specify the amount of damages;

(2)   determine recoverable damages under applicable rules concerning 'comparative negligence'; and

(3)   upon a motion by at least one defendant, where there is a verdict under items (1) and (2) above for damages against two or more defendants for the same injury, death, or damage to property, specify in a separate verdict under the procedures described at subitem (b) below the percentage of liability that proximately caused the injury, death, damage to property, or economic loss from tortious conduct in relation to one hundred percent, that is attributable to each defendant whose actions are a proximate cause of the injury, death, or damage to property.

(a)   For this purpose, the court may determine that two or more persons are to be treated as a single party. Such treatment must be used where two or more defendants acted in concert or where, by reason of agency, employment, or other legal relationship, a defendant is vicariously responsible for the conduct of another defendant.

(b)   After the initial verdict awarding damages is entered and before the special verdict on percentages of liability is rendered, the parties shall be allowed oral argument, with the length of such argument subject to the discretion of the trial judge, on the apportionment of percentages of liability. However, no additional evidence shall be allowed.

(D)   In the event that the jury cannot reach a unanimous verdict on the apportionment of fault, and the court determines that that the jury has made all reasonable efforts to do so, the court will instruct the jury to deliver a verdict approved by a majority vote.

(E)   Notwithstanding the application of this section, setoff from any settlement received from any potential tortfeasor prior to the verdict shall be applied in proportion to each defendant's percentage of liability as determined pursuant to subsection (C).

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(F)   This section does not apply to a defendant whose conduct is determined to be intentional."

SECTION   7.   Section 34-31-20 of the 1976 Code is amended to read:

"Section 34-31-20.   (A)   In all cases of accounts stated and in all cases wherein any sum or sums of money shall be ascertained and, being due, shall draw interest according to law, the legal interest shall be at the rate of eight and three-fourths percent per annum.

(B)   All A money decrees decree and judgments or judgment of courts a court enrolled or entered shall must draw interest according to law. The legal rate of interest is at the rate of twelve percent a year equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the damages are awarded, plus four percent, compounded annually. The South Carolina Supreme Court shall issue an order by January 15 of each year confirming the annual prime rate. This section applies to all judgments entered on or after July 1, 2005. For judgments entered between July 1, 2005, and January 14, 2006, the legal rate of interest shall be the first prime rate as published in the first edition of the Wall Street Journal after January 1, 2005, plus four percent."

SECTION   8.   Section 36-2-803 of the 1976 Code is amended to read:

"Section 36-2-803.   (1)   A court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person's:

(a)   transacting any business in this State;

(b)   contracting to supply services or things in the State;

(c)   commission of a tortious act in whole or in part in this State;

(d)   causing tortious injury or death in this State by an act or omission outside this State if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this State; or

(e)   having an interest in, using, or possessing real property in this State; or

(f)   contracting to insure any person, property, or risk located within this State at the time of contracting; or

(g)   entry into a contract to be performed in whole or in part by either party in this State; or

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(h)   production, manufacture, or distribution of goods with the reasonable expectation that those goods are to be used or consumed in this State and are so used or consumed.

(2)   When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against him, and such action, if brought in this State, shall not be subject to the provisions of Section 15-7-100 (3)."

SECTION   9.   Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-39.   Notwithstanding another provision of law, it is an unlawful trade practice, pursuant to Section 39-5-20, for an attorney to advertise his services in this State in a false, deceptive, or misleading manner including, but not limited to, the use of a nickname that creates an unreasonable expectation of results."

  PART III

DEPARTMENT OF INSURANCE AND GENERAL ASSEMBLY

REVIEW OF INSURER'S REDUCTION OF PREMIUMS TO REFLECT SAVINGS

SECTION   10.   The Department of Insurance shall review data reported on annual statements by liability insurers, including, but not limited to, paid claims, reserves, loss adjustment expenses, and such additional data as the department may require by promulgation of bulletin, to determine savings related to a decrease in litigation and claims paid pursuant to litigation after the effective date of this act. The department may require special reports from insurers to determine if savings are realized as a result of the provisions of this act. The department shall compile a report of savings realized and submit it for General Assembly review upon request. Costs or expenses associated with the compilation of this report of savings shall be paid by the insurers pursuant to the provisions of Chapter 13 of Title 38. The Department of Insurance shall review premium and losses by line of insurance to determine if appropriate adjustments have been made based upon the department estimates of savings realized pursuant to the provisions of this act.

  PART IV

MISCELLANEOUS

SECTION   11.   If any provision of SECTION 6 or its application to any person is held invalid, unenforceable, or unconstitutional, this validity, unenforceability, or unconstitutionality shall negate the other

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provisions or applications of SECTION 6, and to this end, the provisions of SECTION 6 are not severable.

SECTION   12.   Sections 15-36-20, 15-36-30, 15-36-40, 15-36-50, and 58-23-90 of the 1976 Code are repealed.

SECTION   13.   The provisions of this act do not affect any right, privilege, or provision of the South Carolina Tort Claims Act as contained in Chapter 78, Title 15 of the 1976 Code of South Carolina or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56 of Title 33.

SECTION   14.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   15.   Except as provided in SECTION 11, if any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, item, subitem, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   16.   Upon approval by the Governor:

(1)   SECTIONS 1, 7, 10, 11, 13, 14, and 15 take effect;

(2)   SECTION 2 takes effect on July 1, 2005, and applies to improvements to real property for which certificates of occupancy are issued after the effective date;

(3)   SECTIONS 3, 4, 5, 6, 8, and 12 take effect July 1, 2005 and shall only apply to causes of action arising on or after that date;   and

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(4)   SECTION 9 takes effect but shall only apply to advertisements appearing after that date.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Calhoun County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Calhoun County Master-in-Equity, with term to commence August 13, 2003, and to expire August 13, 2009

Martin R. Banks, 312 Tamwood Circle, Cayce, S.C. 29033 VICE Thomas P. Culclasure

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

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

Kimberly H. Lookabill, 131 Moon Shadow Lane, Summerville, S.C. 29485 VICE Joseph Cunningham

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

James H. Messervy, Sr., 100 Fairway Dr., Summerville, S.C. 29483 VICE Joseph Cunningham

EXECUTIVE SESSION

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

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STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Fifth Congressional Delegation, the following appointment was confirmed in open session:

Initial Appointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2003, and to expire July 1, 2007

5th Congressional District:

T. J. Martin, 1255 Filbert Highway, York, S.C. 29745 VICE Ewell C. Black

Having received a favorable report from the Committee on Banking and Insurance, the following appointment was confirmed in open session:

Initial Appointment, Director, Department of Insurance, with term coterminous with Governor

Director:

Eleanor L. Kitzman, 19 Fishers Mill Dr., Columbia, S.C. 29206 VICE Ernist N. Csiszar

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004

3rd Congressional District:

Roxanne Mobley, 1021 Hilton Street, Aiken, S.C. 29803 VICE Mary Berg Gossett (resigned)

Reappointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2004, and to expire June 30, 2008

3rd Congressional District:

Roxanne Mobley, 1021 Hilton Street, Aiken, S.C. 29803

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2004, and to expire June 30, 2008

3rd Congressional District:

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Anne W. Thayer, 225 Ansonborough, Belton, S.C. 29627 VICE Elizabeth Weaver

Initial Appointment, Crime Victims' Ombudsman, with term coterminous with Governor

Crime Victim:

Meredith Hope Blackley, 615 Thornbird Circle, Boiling Springs, S.C. 29316 VICE Deborah Curtis

Initial Appointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2004, and to expire June 30, 2008

Clemson:

John T. Farris, Ph.D., Clemson University, Box 340511, Clemson, S.C. 29634-0511

Reappointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2005, and to expire June 30, 2007

Counties:

Philip D. England, 1680 Richland Ave. West, Suite 130, Aiken, S.C. 29801-3286

Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2005, and to expire May 31, 2010

4th Congressional District:

Johnnie McKeiver Walters, P. O. Box 2817, Greenville, S.C. 29602 VICE Pete Gus Diamaduros

Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2004, and to expire March 21, 2009

At-Large:

Harold E. Cheatham, Ph.D., 101 Santee Trail, Clemson, S.C. 29631 VICE Anna Dozier-Kelly

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2003, and to expire June 30, 2007

At-Large:

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Jean R. Bridges, 1101 Saluda Chase Way, Columbia, S.C. 29169 VICE Seneca Brewton Henry

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2002, and to expire June 30, 2006

Area 4:

Margaret H. Brackett, 2804 Fair Ave., Newberry, S.C. 29108 VICE James G. Bouknight

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2001, and to expire June 30, 2005

4th Congressional District:

Paul Aughtry, Windsor/Aughtry Co., 25 Woods Lake Rd., Building 6, Suite 600, Greenville, S.C. 29607 VICE Mark Baruch Kent (resigned)

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2002, and to expire June 30, 2006

Area 6:

Lynn E. Knipher, P.O. Box 742, Camden, S.C. 29050 VICE Sue A. Pitts

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Athletic Commission, with term to commence June 30, 2004, and to expire June 30, 2008

At-Large:

Michael B. Tyler, 149 Fox Crossing Road, West Columbia, S.C. 29170 VICE John R. Robertson (resigned)

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2004, and to expire July 27, 2007

Joe E. Taylor, Jr., 47 Mahalo Lane, Columbia, S.C. 29204

Initial Appointment, South Carolina State Board of Cosmetology, with term to commence March 20, 2003, and to expire March 20, 2007

Cosmetologist:

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Michelle Furtick, 5 Cobb Hall Court, Columbia, S.C. 29223 VICE Katherine H. Busby

MOTION ADOPTED

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of David Carlisle Hull, M.D. of Spartanburg, S.C.

ADJOURNMENT

At 5:16 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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