Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear the Psalmist in Psalm 4:2:

"You have put gladness in my heart... I will both lie down in peace and sleep."
Let us pray.

Father, we are a part of a worldwide fellowship seeking HOPE in a world of fear. A large portion of our earth is seeking peace. We believe that You want us to be done with fear.

So, lift up our hearts and send us with a happy glow to face every challenge that today may bring!
Amen.

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

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

Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Phillip Shayne Stephens, 1401 Country Club Circle, Manning, S.C. 29102 VICE Ben Greer Alderman (deceased)

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

Tera S. Richardson, 212 Deming Way, Box 10, Summerville, S.C. 29483

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority with term to expire June 30, 2008

City of Myrtle Beach:

Wilson Cain, 206 29th Avenue South, Myrtle Beach, S.C. 29577 VICE John Maxwell

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority with term to expire June 30, 2008

City of Myrtle Beach:

Phillip Stalvey, 2619 North Oak Street, Myrtle Beach, S.C. 29577

Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Carolyn G. Lemmon, 9 Gardner Loop, Kingstree, S.C. 29556 VICE Norris Wallace

The following were received:

Document No. 2901
Agency: Department of Social Services
SUBJECT: Child Care Centers Licensing Regulations
Received by Lieutenant Governor June 1, 2004
Referred to General Committee
Legislative Review Expiration September 28, 2004
(Subject to Sine Die Revision)
Withdrawn and Resubmitted March 2, 2005

Document No. 2924
Agency: Department of Social Services
SUBJECT: Child Care Centers Operated by Churches or
Religious Entities
Received by Lieutenant Governor January 11, 2005
Referred to General Committee
Legislative Review Expiration May 11, 2005
Withdrawn and Resubmitted March 2, 2005

Document No. 2925
Agency: Department of Social Services
SUBJECT: Licensing of Group Child Care Homes
Received by Lieutenant Governor January 11, 2005
Referred to General Committee
Legislative Review Expiration May 11, 2005

Senator CAMPSEN introduced Dr. William Simpson of Charleston, S.C., Doctor of the Day.

At 11:05 A.M., the leave of absence granted to Senator LAND from 7:00 A.M. - 11:00 A.M. today was rescinded.

S. 4 (Word version) -- Senators Leatherman, Setzler, Hayes, Mescher, Gregory, Alexander and Martin: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 59, TO ENACT THE "SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT"; TO AMEND SECTION 59-17-135 RELATING TO CHARACTER EDUCATION, TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT; TO AMEND SECTION 59-18-900, RELATING TO SCHOOL REPORT CARDS, TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.

On motion of Senator SHORT, with unanimous consent, the names of Senators SHORT and RANKIN were added as co-sponsors of S. 4.

S. 144 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-63-80 AND 59-63-90 TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO AMEND SECTION 15-78-60; BY PROVIDING IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.

On motion of Senator SHORT, with unanimous consent, the name of Senators SHORT and RANKIN were as added as co-sponsors of S. 144.

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

Ladies and gentlemen of the Senate, I noticed in the Charleston paper this morning where a personal letter from the Chairman of the Highway Commission to Betty Mabry had been leaked to the press.

Just to give you a little background on this - the salary committee and the highway commissioners, except the chairman, voted unanimously to give Ms. Betty a raise. I saw a copy of that letter and I wrote to them. I wrote Senator LEARTHERMAN, the Chairman of the Agency Head Salary Committee, that the Chairman of the Highway Commission would strongly oppose (I can't remember the exact quote) giving Ms. Mabry a raise. So, I wrote a letter to them and told them I thought, when an outfit got to where it didn't reward excellence, it was on a downhill drag. As long as I have been in the Senate, Ms. Mabry has done, by far, the best job with the highway department of any person that had the job.

We deteriorated for years in that the old engineers, and so forth, that had been there so long and about all they did was show up for work and you ask them about getting some needed work done and they would go to thinking why they couldn't do it instead of why they could do it. Ms. Mabry put younger leadership in there and put younger engineers in and we started getting our work done. She led a program where the highway department is doing 27 years worth of work in seven years. We are using the highway bonds to try to catch up our highways. If we had stayed with our old system -- paying cash as we go -- we would just be back in muddy road days when I was a little boy. She helped us get S.C. out of the mud that was the main thing people were running on. But she has just done the best job and now the Governor appointed a fellow named Tee Hooper as Chairman of the Highway Commission. The entire Greenville Delegation, 17 of us, recommended Howell Clyborne for that job. He had been on the highway commission, but we found out the sure way for somebody not to get appointed is for the whole unanimous Greenville Delegation to recommend them. That's a kiss of death with this Governor we have now, absolutely the kiss of

Now, after I wrote him a letter, I kind of did blast him a little bit. On December 17th, I said, "Well, with the decisions you made on Home Gold, I don't believe your judgment is too good to go against the entire board of commissioners -- highway commissioners -- to try to block a raise for Elizabeth Mabry." And so, that kind of hit him in the gut and so I didn't hear from him until about the first of February and he wrote me and said that that letter had bothered him a lot, and I meant for it to. And, he said he would be willing to talk to me and I told him I would be glad to talk to him. So, we talked, a two or three hour talk, and I invited Rep. Lewis Vaughn and Mr. Bud Turner, who is another highway commissioner, to my house. We just had prayer with that man. And we went over a lot of those things like him being the chairman and inviting all his highway employees to tell stories on Ms. Mabry. Well, you know, we want management to know all they can and know all the facts. But, this system about you having somebody running a department and a board member sits out there, you go see the chairman. If you want to get something on Ms. Mabry, you tell him or if you want you write him an anonymous letter. So, Mr. Hooper got anonymous letters. So, I said, "I tell you, Tee, you are on the wrong track. I know she's not perfect, but I know she's far ahead of anybody we have ever had over there before. She has guided the Infrastructure Bank, we've done billions of dollars worth of road work which we couldn't have done under the old plans and the old people that were in charge of it."

I think when I was elected to the Senate, Mr. Si Pearman had that job and I always liked Mr. Si. He was reasonable and seemed to want to fix the chuckholes and all -- that was about all we had was chuckholes. So, after we talked to him and explained it to him, he said, "I've got a letter I typed that I am going to send Ms. Mabry and we are going to sit down and talk over these things that I have got to get off my chest."

So, we told him a lot of good things Ms. Mabry has done and he said, "Well, she had been sick and all." And, I said, "Everybody gets sick some time." But, the truth of the matter is we have got more work done on roads in S.C. since Ms. Mabry has been up there than anybody ever before and we need to honor her, not disgrace her. I said, "Now, what you write in your letter, that's your business, but it is your duty to keep it confidential until she gets a chance to answer and work it out." Well, I have not talked to Ms. Mabry since then. But, I saw in this Charleston paper write-up about where that letter had been leaked to the press, leaked to the press in Charleston, and leaked to the press in Columbia and Greenville, and the Governor said if he could, he would ask her to resign. That's the way I read that. Well, that's just one of the other mess-ups that he would want to do.

I don't think he can make her resign because, I believe the commissioners have the vote on that. I hope so. The commissioners respect her. They know how that agency has come forward under her leadership. I know nobody can manage that many people and suit all the employees. One must deal with those employees who are jealous because they didn't get certain jobs that somebody else got. They might have been so-called "in line" for a job, but that was what was the matter with the old highway department. If you were in line, you got it whether you were worth a nickel or not. She put people who were capable in those jobs that could get the work done.

I'll tell you what started it. Mr. Buck Limehouse and this lady started bringing this highway department out of the dark ages. I see his boy over there and I want to tell you, "I respect your daddy. He was the best chairman we ever had and I wish he was there now because he was fair-minded and he was a man that believed in getting things done instead of sitting around thinking all the reasons he couldn't do them." You take people that study about why he can't do things instead of studying about why he can do things -- that's just as much difference as

But, those fellows have not been in state government long enough to know what's been going on. When they were put in their offices, when they said, "hello," that's all they knew about state government and it's taking time to learn. But, they are learning. To run off Ms. Mabry or discredit her or dishonor her is a sin and a disgrace and those that are doing it need to apologize to her and help her. And I, for one, am loyal to Ms. Mabry and I thank God we have her as the head of the highway department. If anybody misunderstood what I said, just ask me.
Sen. LEVENTIS:   I don't think that people understand that Ms. Mabry has stabilized the highway department. Did you know that with the department and those wonderful people she put in there, she paved 27 years worth of projects in 7 years? Did you know that?
Sen. SMITH:     It's wonderful.
Sen. LEVENTIS:   Did you know that highway departments across this country have come to ask them how they do it?
Sen. SMITH:     She figured that out. She and Buck Limehouse.
Sen. LEVENTIS:   She has been a wonderful asset. She is a wonderful lady. That's not the reason we love her so much; it is because she is such a wonderful asset to the State, don't you agree?
Sen. SMITH:     That's right, Senator from Sumter. I don't know how we can be criticizing her when she has been serving and improving our State.
Sen. FORD:     I just want to add my two cents. Also, in Charleston over the past five years Ms. Mabry has been responsible for four major projects, including the largest project in America, the Arthur Ravenel Bridge. It cost $800 million and that went off smoothly and without a hitch. You will remember one time we were raising all kind of hell, and she started meeting with our community and everything.
Sen. SMITH:     There have been a lot of times like that, yes, sir.
Sen. FORD:     She met with us and we resolved that. The bridge will be completed almost a year early. We just completed the Limehouse Bridge in Senator McCONNELL's district and we also completed the Ashley Phosphate mess, which was the busiest highway in the State in my district and Senator CAMPSEN's district. And, then she started another project on Rivers Avenue and also she has the largest department in state government and it is the smoothest running department in state government. What I can't understand is that, if you are going to appoint a chairman on that kind of commission, why he would not know the kind of employee he has. You are talking about

On motion of Senator McGILL, with unanimous consent, Senator J. VERNE SMITH's remarks were ordered printed in the Journal.

McGILL, LEVENTIS, REESE, MATTHEWS, LOURIE, SCOTT,
WILLIAMS, ELLIOTT, ANDERSON, SHORT, DRUMMOND, SETZLER, FORD, MOORE, RANKIN, PATTERSON, SHEHEEN, MALLOY, CLEARY, RICHARDSON, LAND, HUTTO, PINCKNEY, JACKSON, O'DELL, LEATHERMAN, McCONNELL, MARTIN, GREGORY, COURSON, ALEXANDER, PEELER, RYBERG, MESCHER, CROMER, THOMAS, HAWKINS and RITCHIE

We have the greatest respect for the professionalism of Ms. Elizabeth Mabry, Executive Director of the S. C. Department of Transportation, and we encourage her to continue to serve the citizens of South Carolina in this capacity.

The following were introduced:

S. 568 (Word version) -- Senator Short: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MRS. LAURA RATTERREE OF RICHBURG IN CHESTER COUNTY ON THE OCCASION OF HER NINETIETH BIRTHDAY ON MONDAY, MARCH 7, 2005, AND WISHING FOR HER MANY HAPPY RETURNS OF THE DAY.
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The Senate Resolution was adopted.

S. 569 (Word version) -- Senators Patterson, Land, Hutto and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-57 SO AS TO PROVIDE THAT AN INSURANCE COMPANY MAY NOT USE THE PERFORMANCE OF LIFE INSURANCE FINANCIAL INVESTMENT SALES AN AGENT PRODUCES IN EVALUATING THE AGENT'S PERFORMANCE IN DETERMINING WHETHER OR NOT TO TERMINATE AN AGENT FROM THE COMPANY.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 570 (Word version) -- Senators Fair, Campsen, Anderson, Cromer, Williams, Verdin, Sheheen, Hawkins, Scott, Bryant and Thomas: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 12 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 571 (Word version) -- Senators J. Verne Smith and Cromer: A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE SOUTH CAROLINA PHARMACY ASSISTANCE ACT AND TO PROVIDE THAT THE SOUTH CAROLINA ASSISTANCE PROGRAM IS CREATED IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO PROVIDE THAT THE PURPOSE OF THE PROGRAM IS TO COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME MEDICARE-ELIGIBLE STATE RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS UNDER MEDICARE PART D; TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE'S ANNUAL DRUG EXPENSES REACH THE MEDICARE PART D ANNUAL COVERAGE LIMIT, THAT BENEFITS ARE LIMITED TO WHAT AN ENROLLEE'S MEDICARE PART D PLAN WOULD HAVE COVERED IF THE LIMIT HAD NOT BEEN REACHED, AND THAT BENEFITS TERMINATE WHEN THE ENROLLEE'S ANNUAL DRUG EXPENSES REACH THE MEDICARE PART D ANNUAL OUT-OF-POCKET THRESHOLD; TO PROVIDE THAT, IF REVENUE IS GENERATED FOR THE PROGRAM FROM OTHER SOURCES, THIS ADDITIONAL REVENUE MUST BE USED TO MAKE PAYMENTS REQUIRED UNDER THE FEDERAL MEDICARE PRESCRIPTION DRUG IMPROVEMENT AND MODERNIZATION ACT OF 2003 AND TO FUND EXPANDED PROGRAM BENEFITS; TO AUTHORIZE THE DEPARTMENT TO MODIFY PROGRAM ELIGIBILITY CRITERIA AND BENEFIT LEVELS IF

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

S. 572 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 and 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER",

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

S. 573 (Word version) -- Senators McConnell, Verdin, Rankin and Courson: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, AS AMENDED, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN OF ITS PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; TO ADD SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO ADD SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; TO ADD SECTION 58-31-77 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE

Senator McCONNELL spoke on the Bill.

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

S. 574 (Word version) -- Senators Fair, Bryant, Verdin, Campsen, Scott, Sheheen, Cromer and Thomas: A BILL TO AMEND SECTION 24-13-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INMATES ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON OR HAVE TOOLS OR WEAPONS WHICH MAY BE USED TO FACILITATE AN ESCAPE, SO AS TO PROVIDE SEPARATE PENALTIES FOR PERSONS WHO VIOLATE THIS PROVISION WHILE CONFINED IN A MINIMUM SECURITY FACILITY AND MEDIUM OR MAXIMUM SECURITY FACILITIES.
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Read the first time and referred to the Committee on Judiciary.

S. 575 (Word version) -- Senators Fair, Campsen, Cromer, Verdin, Bryant, Hawkins, Sheheen and Thomas: A BILL TO AMEND SECTION 24-13-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A WEAPON BY AN INMATE, SO AS TO PROVIDE THAT A VIOLATION OF THIS PROVISION MAY BE ADJUDICATED BY A MAGISTRATE UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 576 (Word version) -- Senators Fair, Campsen, Cromer, Verdin, Bryant, Sheheen, Hawkins, Scott and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-445 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO

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

S. 577 (Word version) -- Senators Campsen, McConnell, Gregory, Martin, Verdin, Cleary, Peeler, Richardson, Ryberg, O'Dell and Bryant: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 32, SO AS TO PROVIDE THAT IN PERSONAL INJURY ACTIONS AGAINST A HEALTH CARE PROVIDER OR HEALTH CARE INSTITUTION ARISING OUT OF EMERGENCY CARE OR OBSTETRICAL CARE, THE CLAIMANT MAY NOT RECOVER FOR TREATMENT OR LACK OF TREATMENT AGAINST THE PROVIDER OR THE INSTITUTION UNLESS THE CLAIMANT PROVES NEGLIGENCE BY CLEAR AND CONVINCING EVIDENCE; BY AMENDING TITLE 15 OF THE 1976 CODE, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 46, SO AS TO PERMIT A HEALTH CARE PROVIDER OR HEALTH CARE INSTITUTION TO ENTER INTO WRITTEN AGREEMENTS WITH PATIENTS TO SUBMIT TO MEDIATION IF A DISPUTE ARISES AND A PATIENT BRINGS A PERSONAL INJURY ACTION FOR ALLEGED MEDICAL MALPRACTICE, UNLESS PROHIBITED BY FEDERAL LAW, TO REQUIRE A PROVIDER OR INSTITUTION WHO OPTS TO PARTICIPATE IN MEDIATION TO PUBLISH NOTICE OF ITS DECISION ON SIGNS AT THE PROVIDER'S OFFICE OR AT THE INSTITUTION, AND TO PUBLISH NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE PROVIDER OFFICE OR INSTITUTION IS LOCATED FOR A PERIOD OF FIVE CONSECUTIVE DAYS, TO PLACE NOTIFICATION OF THE PROVIDER'S OR INSTITUTION'S DECISION TO PARTICIPATE IN MEDIATION IN WRITING ON THE FIRST PAGE OF ANY CONTRACT WITH A PATIENT AND ON THE SIGNATURE PAGE IMMEDIATELY BEFORE THE PATIENT'S SIGNATURE LINE, TO PROVIDE THAT A MINOR MAY NOT DISAFFIRM A

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

S. 578 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 579 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 28-2-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST ON FUNDS DEPOSITED WITH THE CLERK OF COURT BY A CONDEMNOR PURSUANT TO THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO CHANGE THE INTEREST RATE FROM EIGHT PERCENT TO INTEREST AT THE RATE PAID FOR SIX MONTH UNITED STATES TREASURY BILLS ON THE DAY THE NOTICE OF CONDEMNATION WAS FILED, TO PROVIDE THAT IT ACCRUE FROM THE DATE OF THE NOTICE FILING TO THE DATE OF ORDER OR JUDGMENT, AND TO PROVIDE THAT THIRTY DAYS AFTER THE ORDER OR JUDGMENT IS FILED, INTEREST ACCRUES AT THE RATE PROVIDED BY LAW FOR INTEREST ON JUDGMENTS; AND TO AMEND SECTION 28-2-480, RELATING TO A CONDEMNEE'S

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

S. 580 (Word version) -- Senators Knotts, Grooms, Bryant, Reese, Ford, Verdin, Elliott, Short, Mescher, Patterson, Matthews, Land, Thomas, Rankin and Ryberg: A BILL TO AMEND SECTION 10-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESSIBILITY COMMITTEE FOR THE BUILDING CODES COUNCIL, SO AS TO CLARIFY THAT THE COMMITTEE SHALL ADVISE THE COUNCIL ON MATTERS OF ACCESSIBILITY TO BUILDINGS, STRUCTURES, AND FACILITIES BY PERSONS WITH DISABILITIES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 581 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER SAFETY ACT" TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS IN THIS STATE, INCLUDING STANDARDS FOR NEW CONSTRUCTION AND FOR BOILERS IN USE; TO EXEMPT CERTAIN BOILERS FROM REGULATION UNDER THIS CHAPTER; TO IDENTIFY STANDARDS FOR WORKING PRESSURE OF A BOILER; TO AUTHORIZE THE APPOINTMENT OF A CHIEF BOILER INSPECTOR, FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE CERTIFICATION REQUIREMENTS FOR SPECIAL INSPECTORS FOR COMPANIES INSURING BOILERS IN THIS STATE; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; TO PROVIDE PENALTIES; AND TO PROHIBIT A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING ORDINANCES REGULATING

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 582 (Word version) -- Senators Knotts, Reese, Grooms, Setzler, Hutto, Ford, Mescher, Cromer, Richardson, Land, McConnell, Leventis, Hawkins, Thomas, Rankin, Pinckney, Malloy, Scott and Cleary: A BILL TO AMEND SECTION 44-7-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HEALTH PLANNING COMMITTEE INCLUDING THE DEVELOPMENT AND CONTENTS OF THE STATE HEALTH PLAN FOR USE IN THE ADMINISTRATION OF THE CERTIFICATE OF NEED PROGRAM, SO AS TO REQUIRE THE STATE HEALTH PLAN TO INCLUDE A PROVISION THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL APPROVE A CERTIFICATE OF NEED APPLICATION FOR OPEN HEART SURGERY IF THE APPLICANT MEETS CERTAIN CRITERIA.
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Read the first time and referred to the Committee on Medical Affairs.

S. 583 (Word version) -- Senators J. Verne Smith and Hutto: A JOINT RESOLUTION TO EXTEND BY ONE ADDITIONAL PROPERTY TAX YEAR THE PROPERTY TAX EXEMPTION ALLOWED FOR PROPERTY NOT OWNED BY BUT WHICH IS USED EXCLUSIVELY BY THE BOY SCOUTS OF AMERICA OR THE GIRL SCOUTS OF AMERICA.
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Senator J.VERNE SMITH spoke on the Resolution.

Read the first time and on motion of Senator J.VERNE SMITH, with unanimous consent, S. 583 was ordered placed on the Calendar without reference.

On motion of Senator J.VERNE SMITH, with unanimous consent, S. 583 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 584 (Word version) -- Senators Cleary, Campsen and Elliott: A JOINT RESOLUTION TO EXTEND THE SPENDING LIMITATION IMPOSED PURSUANT TO THE FISCAL DISCIPLINE PLAN OF 2004 THROUGH FISCAL YEAR 2010-2011, TO PROVIDE FOR THE USES OF SURPLUS GENERAL FUND REVENUE DURING THIS EXTENSION TO INCLUDE, IN ORDER OF PRIORITY, REPAYING ANY ACCUMULATED GENERAL FUND DEFICITS, RESTORATION OF THE GENERAL RESERVE FUND, RESTORATION OF "OTHER FUNDS" ACCOUNTS USED IN PRIOR FISCAL YEARS TO OFFSET REDUCED GENERAL FUND REVENUES AND TO ESTABLISH THE HIGHWAY IMPROVEMENTS AND DEFERRED MAINTENANCE FUND TO RECEIVE THE FIRST ONE BILLION DOLLARS OF GENERAL FUND SURPLUS REVENUE NOT OTHERWISE OBLIGATED WHICH MUST BE APPROPRIATED BY THE GENERAL ASSEMBLY FOR ROAD IMPROVEMENTS AND DEFERRED MAINTENANCE ON ROADS, AND TO PROVIDE THAT ALL SURPLUS GENERAL FUND REVENUES NOT OTHERWISE OBLIGATED MAY BE APPROPRIATED OR USED TO OFFSET REVENUE REDUCTIONS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW, AND TO PROVIDE THAT THIS EXTENSION, IF IT PROVIDES A LOWER SPENDING LIMIT THAN EXISTING LAW AND IS ENACTED WITH THE REQUISITE SPECIAL AFFIRMATIVE VOTE, IS A NEW CONSTITUTIONAL SPENDING LIMIT ADOPTED PURSUANT TO THE PROVISIONS OF THE QUINQUENNIAL REVIEW OF THE SPENDING LIMITATION.
l:\council\bills\ggs\22983htc05.doc

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

S. 585 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-45 SO AS TO AUTHORIZE A MUNICIPALITY TO CONSTRUCT AND OPERATE HIGH SPEED WIRELESS AND BROADBAND INTERNET NETWORKS.
l:\council\bills\dka\3226dw05.doc

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

S. 586 (Word version) -- Senators Short and Richardson: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF

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

S. 587 (Word version) -- Senators Williams, J. Verne Smith, Elliott, O'Dell, Leatherman, Anderson, Ford, Bryant, Richardson, Ryberg, Grooms, Martin, Hutto, Ritchie, Patterson, McGill, Drummond, Cleary, Leventis, Pinckney, Scott, Mescher, Reese and Cromer: A BILL TO AMEND SECTION 40-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND THE CONTENT OF RECORDS THAT MUST BE MAINTAINED BY A PAWNBROKER, SO AS TO REQUIRE THE PAWNBROKER TO RETAIN A COPY OF THE DRIVER'S LICENSE, GOVERNMENT-ISSUED IDENTIFICATION CARD OR WORK CERTIFICATE, OR SOCIAL SECURITY CARD OF THE PERSON PAWNING OR PLEDGING THE ARTICLES.
l:\council\bills\nbd\11542ac05.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 588 (Word version) -- Senators Martin, Thomas, Bryant, McConnell, Alexander and Hayes: A BILL TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY;

Senator MARTIN spoke on the Bill.

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

S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.
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Read the first time and referred to the Committee on Finance.

S. 590 (Word version) -- Senators Campsen, Bryant, Fair, Gregory, Grooms, Hawkins, Hayes, Knotts, Ritchie, Thomas, Verdin and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO CREATE THE "HUMAN CLONING PROHIBITION ACT", TO DEFINE THE TERMS "HUMAN CLONING", "ASEXUAL REPRODUCTION", "SOMATIC CELL", AND "PRODUCT", TO PROVIDE THAT IT IS

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

S. 591 (Word version) -- Senators Moore, Knotts, Reese, Land, Gregory, Short, Hutto, Grooms and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-537 SO AS TO PROVIDE A MAXIMUM FIVE PERCENT STATE INCOME TAX RATE PHASED IN OVER SIX TAXABLE YEARS ON SOUTH CAROLINA TAXABLE INCOME RECEIVED BY A TAXPAYER IN THE TAXPAYER'S CAPACITY AS A SOLE PROPRIETOR OF A BUSINESS, A SHAREHOLDER OF A SUBCHAPTER "S" CORPORATION, PARTNER IN A PARTNERSHIP, OR MEMBER OF A LIMITED LIABILITY COMPANY.
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Read the first time and referred to the Committee on Finance.

H. 3020 (Word version) -- Reps. Govan, Clyburn, Clark, E. H. Pitts, Toole, Haley, Ballentine, McLeod, Mack, Breeland, M. Hines, Anderson, Hosey, Parks, Pinson, Jefferson, Walker, Sinclair, Hamilton, G. R. Smith, Mahaffey, McGee, D. C. Smith, Anthony, Phillips, Rhoad, Funderburk and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.

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

H. 3084 (Word version) -- Reps. Sinclair, McLeod and Cato: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS

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

H. 3108 (Word version) -- Reps. M. A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.

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

H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Clark, Walker, Toole, Viers, M. A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE IS EXCLUSIVELY DEFINED AS THE UNION BETWEEN ONE MAN AND ONE WOMAN.

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

H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W. D. Smith, Townsend, Merrill, Ott, Rice, Mack, Clark, Simrill, Harrison, Davenport, M. Hines, Harvin, Bailey, Bingham, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Harrell, Haskins, Herbkersman, Hinson, Kirsh, Leach, Lloyd, Loftis, Mahaffey, Martin, McCraw, McGee, Owens, Perry, E. H. Pitts, Sandifer, Scott, Stewart, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, White, Wilkins, Witherspoon, Young, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND

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

H. 3581 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.

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

H. 3607 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH

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

H. 3689 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" 2004 WRESTLING TEAM AND HEAD COACH KENNETH WALKER AND HIS FINE STAFF FOR THEIR OUTSTANDING WIN CAPTURING THE STATE CHAMPIONSHIP IN THE CLASS AAAA WRESTLING COMPETITION ON FEBRUARY 26, 2005.

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

H. 3690 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Edge, Hardwick, Hayes and Viers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF JOHN NORTON MCMILLAN UPON HIS DEATH AND TO REMEMBER HIS LIFE AND WORK.

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

H. 3691 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO GREENVILLE SAFE KIDS COALITION FOR TEN YEARS OF DISTINGUISHED SERVICE TO THE STATE AND FOR PROTECTING OUR CHILDREN FROM UNINTENTIONAL CHILDHOOD INJURIES.

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

H. 3705 (Word version) -- Reps. Vick and Lucas: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF ALPHA BATTERY 3RD BATTALION, 178TH FIELD ARTILLERY OF JEFFERSON, SOUTH CAROLINA FROM THEIR TOUR OF DUTY IN IRAQ AND TO EXPRESS THE DEEPEST RESPECT AND ADMIRATION OF THE MEMBERS OF THE

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

H. 3706 (Word version) -- Reps. Emory, J. M. Neal, Lucas and Vick: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF HEADQUARTERS, HEADQUARTERS BATTERY 3RD BATTALION, 178TH FIELD ARTILLERY OF LANCASTER, 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. 3707 (Word version) -- Reps. Neilson, Lucas and Vick: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF CHARLIE BATTERY 3RD BATTALION, 178TH FIELD ARTILLERY OF HARTSVILLE, 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.

Senator FAIR from the Committee on Corrections and Penology submitted a favorable report on:

S. 78 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

S. 80 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, Verdin, Alexander, Gregory, Grooms and Richardson: A BILL TO AMEND 2-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO PROVIDE FOR CODE DISTRIBUTION TO NEWLY CREATED AND REORGANIZED STATE AGENCIES; TO AMEND CHAPTER 30, TITLE 1, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE POWER TO ORGANIZE AND REORGANIZE A DEPARTMENT INTO DIVISIONS LIES WITH THE GENERAL ASSEMBLY IN FURTHERANCE OF ITS MANDATE PURSUANT TO ARTICLE XII OF THE SOUTH CAROLINA CONSTITUTION, TO CREATE THE DEPARTMENTS OF ADMINISTRATION AND BEHAVIORAL HEALTH SERVICES, TO RENAME THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE, TO ESTABLISH THE

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 289 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO INCREASE THE LICENSE FEES; TO AMEND SECTION 50-11-2460, AS AMENDED, RELATING TO

Ordered for consideration tomorrow.

S. 567 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION SHARING THE EXCITEMENT OF THE RESIDENTS OF

Returned with concurrence.

Received as information.

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

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

S. 352 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54 MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

S. 424 (Word version) -- Senators Leatherman and Ryberg: A BILL TO AMEND SECTION 56-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF CERTAIN FEES AND PENALTIES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT ANNUALLY MUST PROVIDE THE SOUTH CAROLINA TRANSPORTATION BANK A REPORT FOR THE PREVIOUS FISCAL YEAR THAT LISTS THE TOTAL AMOUNT OF FEES AND PENALTIES IT COLLECTED PURSUANT TO THE PROVISIONS THAT ASSESS REGISTRATION AND LICENSING FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FEES FOR FARM TRUCKS; AND TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO LICENSE PLATE SPECIFICATIONS, AND THE ISSUANCE OF NEW LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FOR THE REGISTERING AND LICENSING OF SELF-PROPELLED PROPERTY CARRYING

Senator RYBERG explained the Bill.

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

S. 426 (Word version) -- Senator Land: A BILL TO AMEND ACT 355 OF 2004, RELATING TO THE CLARENDON COUNTY SCHOOL DISTRICTS' PROPERTY TAX RELIEF ACT, AND THE ONE PERCENT SALES TAX AUTHORIZED TO BE IMPOSED IN CLARENDON COUNTY FOR SCHOOL CONSTRUCTION, SO AS TO DELETE THE EXEMPTION ALLOWED IN THE CLARENDON COUNTY SALES AND USE TAX FOR FOOD WHICH MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.

On motion of Senator LAND, S. 426 was ordered to receive a third reading on Friday, March 4, 2005.

S. 547 (Word version) -- Senator Sheheen: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS ADDED TO THE BOARD AND TO DELETE ARCHAIC LANGUAGE.

On motion of Senator SHEHEEN, S. 547 was ordered to receive a third reading on Friday, March 4, 2005.

S. 344 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 20-7-5710 AND 20-7-5720, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INTERAGENCY SYSTEM FOR CARING FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO SPECIFY THAT THE DEPARTMENT OF

S. 405 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.

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

Senator RYBERG explained the Bill.

S. 141 (Word version) -- Senators Hayes, Knotts and Elliott: A BILL TO AMEND SECTION 15-49-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING

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

The Committee on Judiciary proposed the following amendment (JUD0141.003), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 28 and inserting:

/   name change must attach to the petition or have provided   /

Amend the bill further, as and if amended, page 1, by striking line 36 and inserting:

/   a name change, the clerk of court must notify the department/

Amend the bill further, as and if amended, page 2, by striking line 19 and inserting:

/   documentation before the court, the judge must determine   /

Amend the bill further, as and if amended, page 2, by striking lines 25-27 and inserting:

/   for a name change, the clerk of court must notify the State Law Enforcement Division of the petitioner's new name. The division must make the appropriate changes to the   /

Amend the bill further, as and if amended, page 2, by striking lines 31-32 and inserting:

/   clerk of court must notify the department of the petitioner's new name. The department must make the appropriate   /

Amend the bill further, as and if amended, page 2, by striking lines 34-39 and inserting:

/   (F)   A petitioner who requests a background check from a law enforcement agency pursuant to the provisions of this section shall sign an affidavit stating he has never been convicted of a crime under a name other than the name in which he is making the request. A surrogate or person representing a petitioner over the age of eighteen shall not be allowed to sign the affidavit. A petitioner who knowingly and willfully falsifies the affidavit must be punished as provided in subsections (G) or (H).   /

Amend the bill further, as and if amended, page 2, by striking lines 40-42 and inserting:

/   (G)   A person who knowingly and willfully falsifies the affidavit required in subsection (F), upon conviction, must be imprisoned for a

Amend the bill further, as and if amended, page 3, by striking lines 1-2 and inserting:

/   (H)   A person convicted of an offense requiring registration with the State Law Enforcement Division's Sex Offender Registry, and who knowingly and willfully falsifies the affidavit required in subsection (F) in order to obtain employment, including employment with a child day care center, or other entity that cares for vulnerable individuals, upon conviction, must be imprisoned for a period of not more than ten years, no part of which may be suspended or probation granted.

(F)(I)   All costs associated with the requirements of this section are the sole responsibility of the petitioner."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.

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

Senator HAYES proposed the following amendment (SWB\ 6382CM05), which was adopted:

Amend the bill, as and if amended, Section 56-3-5400(A), as contained in SECTION 1, page 1, by deleting / thirty-five / on line 36 and inserting / seventy /.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

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

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.

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

The Committee on Banking and Insurance proposed the following amendment (202SBI), which was adopted:

Amend the bill, as and if amended, page 2, line 1, by striking / 10 / and inserting     /   12   /.

Amend the bill further, page 2, by striking lines 5-7 and inserting:

/   In at least 14-point type, if the interest rate exceeds twenty-five percent, a statement, in bold, in substantially the following form: 'Loans may be available at lower interest rates from other sources.'/ .

Amend the bill further, page 2, line 8, by striking / 6 / and inserting /   12   /.

Amend the bill further, page 2, line 13, by striking / 6 / and inserting     /   12   /.

Amend the bill further, page 2, line 20, by striking / 6 / and inserting     /   12   /.

Amend the bill further, page 2, line 26, by striking / 10 / and inserting     /   12   /.

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the committee amendment.

The committee amendment was adopted.

Senator PEELER objected to further consideration of the Bill.

S. 161 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED BY THE COURT.

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

The Committee on Judiciary proposed the following amendment (JUD0161.003), which was adopted:

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

/   SECTION   1.   Section 61-4-50 of the 1976 Code is amended to read:

"Section 61-4-50.   (A)   It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon conviction, pleading guilty, pleading nolo contendere, or being convicted:

(1)   for a first offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court, and be required, at the person's expense, to attend a server education training course approved by the South Carolina Department of Alcohol and Other Drug Abuse Services;

(2)   for a second offense, be fined not less than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court;

(3)   for a third or subsequent offense, be fined not less than two thousand dollars or imprisoned not more than two years, or both, in the discretion of the court.

(B)   Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section."

SECTION   2.   Section 61-6-4080 of the 1976 Code is amended to read:

"Section 61-6-4080.   (A)   A person engaged in the sale of alcoholic liquors who knowingly sells the liquors to a person under the age of twenty-one is guilty of a misdemeanor and must, upon conviction, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court. It is unlawful for a person engaged in the sale of alcoholic liquors to knowingly sell the liquors to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon pleading guilty, pleading nolo contendere, or being convicted:

(1)   for a first offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court, and be required, at the person's expense, to attend a server education training course approved by the South Carolina Department of Alcohol and Other Drug Abuse Services;

(2)   for a second offense, be fined not less than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court;

(3)   for a third or subsequent offense, be fined not less than two thousand dollars or imprisoned not more than two years or both, in the discretion of the court.

(B)   Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator HUTTO objected to further consideration of the Bill.

S. 20 (Word version) -- Senators McConnell, Ritchie, Short, Elliott and Ford: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911, RELATING TO THE RECORDING OF MOTION PICTURES IN A MOTION PICTURE THEATER, SO AS TO MAKE UNLAWFUL THE RECORDING IN A MOTION PICTURE THEATER OF A MOTION PICTURE WITHOUT CONSENT; AND TO AMEND SECTION 16-11-920, RELATING TO PENALTIES FOR UNLAWFUL RECORDING, SO AS TO CREATE PENALTIES FOR SUCH ACTION.

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

The Committee on Judiciary proposed the following amendment (JUD0020.002), which was adopted:

Amend the bill, as and if amended, page 1, after line 41, by adding an appropriately numbered subsection to read:

/   ( )   'Article' means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.     /

Amend the bill further, as and if amended, page 2, by striking lines 5-12 and inserting:

/   (C)   In any action brought by reason of having been delayed by a theater employee or agent on or near the premises of a theater establishment for the purpose of investigation concerning the unlawful operation of an audiovisual recording device, it shall be a defense to such action if:

(1)   the person was delayed in a reasonable manner and for a reasonable time to permit such investigation; and

(2)   reasonable cause existed to believe that the person delayed had committed the crime of unlawful operation of a recording device./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator THOMAS objected to further consideration of the Bill.

S. 427 (Word version) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. Verne Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS, UNLESS EXTENDED BY A TWO-THIRDS VOTE, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

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

The Committee on Judiciary proposed the following amendment (JUD0427.003), which was adopted:

Amend the joint resolution, as and if amended, page 2, as contained in SECTION 1, by striking lines 5 through 14 and inserting therein the following:

/   shall convene at the State Capitol Building in the City of Columbia on the second Tuesday of January of each year. After the convening of the General Assembly, nothing in this section shall

Amend the joint resolution further, as and if amended, page 2, as contained in SECTION 2, by striking lines 33 through 36 and inserting therein the following:

/   Assembly shall commence on the second Tuesday in January at the State Capitol Building in the City of Columbia, but that each body shall be authorized by majority vote to recede for a period of time not to exceed thirty consecutive calendar days at a time, or by two-thirds vote to recede for a time period of more than thirty consecutive calendar days at a time, and to sit in session at the State Capitol Building in the City of Columbia, and to provide for meetings as each body shall consider appropriate, and to provide for   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator RYBERG, the Joint Resolution was carried over, as amended.

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

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E.H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan,

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

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (345-10%) proposed by Senator HUTTO and previously printed in the Journal of Thursday, February 24, 2005.

Senator LAND spoke on the amendment.

Senator HAWKINS asked unanimous consent to make a motion to take up for immediate consideration and adopt an amendment proposing a general statute of repose of seven years and ten years for personal injury matters.

Senator GREGORY objected.

Senator LAND spoke on the amendment.

Senator HAWKINS asked unanimous consent to make a motion to take up for immediate consideration and adopt an amendment proposing a general statute of repose of seven years with no exceptions.

There was no objection.

Senator HAWKINS proposed the following Amendment No. 25 (345R003.JDH), which was adopted:

Amend the bill, as and if amended, page 3, by striking SECTION 2 and inserting:

/   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 seven 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,

This section describes an outside limitation of thirteen seven 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 seven 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 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 seven years after substantial completion of the improvement or component.

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."   /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senator LAND spoke on Amendment No 1.

Senator LAND asked unanimous consent to make a motion to take up for immediate consideration and adopt an amendment proposing a choice of venue to be located in the county of residence of the plaintiff, the county of residence of the defendant or the county in which the accident occurred.

Senator RICHARDSON objected.

Senator LAND spoke on the amendment.

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

Senator LAND spoke on the amendment.

At 2:04 P.M., Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEVENTIS moved that a Call of the Senate be made.

Senator THOMAS moved that the Senate stand adjourned.

Senator RYBERG raised a Point of Order that the motion to adjourn was a higher motion than the motion for a Call of the Senate.

The ACTING PRESIDENT overruled the Point of Order.

On motion of Senator LEVENTIS, with unanimous consent, the motion for a Call of the Senate was withdrawn.

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

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

Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Phillip Shayne Stephens, 1401 Country Club Circle, Manning, S.C. 29102 VICE Ben Greer Alderman (deceased)

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

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

Tera S. Richardson, 212 Deming Way, Box 10, Summerville, S.C. 29483

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

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority with term to expire June 30, 2008

City of Myrtle Beach:

Wilson Cain, 206 29th Avenue South, Myrtle Beach, S.C. 29577 VICE John Maxwell

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority with term to expire June 30, 2008

City of Myrtle Beach:

Phillip Stalvey, 2619 North Oak Street, Myrtle Beach, S.C. 29577

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

Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Carolyn G. Lemmon, 9 Gardner Loop, Kingstree, S.C. 29556 VICE Norris Wallace

On motion of Senator KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jearl Dean "J.D." Dalton Hanson of Lexington, S.C.

At 2:05 P.M., on motion of Senator THOMAS, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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