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


Printed Page 574 . . . . . Wednesday, February 2, 2005

Wednesday, February 2, 2005
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 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, Psalm 93 is a hymn of praise celebrating God's rule over the world. It belongs to a group of psalms that have been called "enthronement psalms." Hear the words:

"More majestic than the thunders of mighty waters, more majestic than the waves of the sea, majestic on high is the Lord..."

Let us pray.

Lord God Almighty, we cannot comprehend Your transcendence, and Your nearness. Your Glory, even as we "see through a glass darkly," lights our shadowed pathway through our human swamps.

Again, Father, we beseech Your Divine Intervention and support of the dear people of Iraq as they continue to struggle with the forces of chaos and disorder in the Middle East. In Your Majestic Name we say our morning prayer.

Amen!

RECESS

At 11:55 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Elections

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

S. 284 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; TO


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ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2006, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2005.

Election to the Position of Judge, Court of Appeals, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #1.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Paul E. Short, Jr. had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Paul E. Short, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paul E. Short, Jr. had been elected to the position of Judge, Court of Appeals, Seat #1 for the term prescribed by law.

Statement by Senator SHORT

On motion of Senator SHORT, with unanimous consent, Senator SHORT wished the Journal to reflect that she abstained from the consideration of and voting on the nomination of the Honorable Paul E. Short, Jr. to the position of Judge, Court of Appeals, Seat #1.


Printed Page 576 . . . . . Wednesday, February 2, 2005

Election to the Position of Judge, Court of Appeals, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable H. Bruce Williams had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable H. Bruce Williams in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. Bruce Williams had been elected to the position of Judge, Court of Appeals, Seat #2 for the term prescribed by law.

Election to the Position of Judge, Circuit Court
Sixth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Sixth Judicial Circuit, Seat #1.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Brooks P. Goldsmith had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Brooks P. Goldsmith in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Brooks P. Goldsmith had been elected to the position of Judge, Circuit Court, Sixth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge, Administrative Law Court
Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Administrative Law Court, Seat #3.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Carolyn C. Matthews had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Carolyn C. Matthews in nomination, moved that the nominations be closed and,


Printed Page 577 . . . . . Wednesday, February 2, 2005

with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Carolyn C. Matthews had been elected to the position of Judge, Administrative Law Court, Seat #3 for the term prescribed by law.

Election to the Position of Judge, Administrative Law Court
Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Administrative Law Court, Seat #4.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John D. Geathers had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable John D. Geathers in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John D. Geathers had been elected to the position of Judge, Administrative Law Court, Seat #4 for the term prescribed by law.

Election to the Position of Judge, Circuit Court
Twelfth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Twelfth Judicial Circuit, Seat #1.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that Frederick A. "Rick" Hoefer II, Michael G. Nettles and Thomas A. Russo had been screened and found qualified to serve.

On motion of Senator McCONNELL, the names of Frederick A. "Rick" Hoefer II and Thomas A. Russo were withdrawn from consideration.

Senator McCONNELL placed the name of Michael G. Nettles in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Michael G. Nettles had been elected to the position of Judge, Circuit Court, Twelfth Judicial Circuit, Seat #1 for the term prescribed by law.


Printed Page 578 . . . . . Wednesday, February 2, 2005

Election to the Position of Judge, Family Court
Fifth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #1.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Steven D. Dennis, Dorothy Mobley Jones and Gwendlyne Y. Smalls had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Steven D. Dennis was withdrawn from consideration.

Senator McCONNELL placed the names of Dorothy Mobley Jones and Gwendlyne Y. Smalls in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Jones:

Alexander              Bryant                 Campsen
Cleary                 Cromer                 Elliott
Fair                   Grooms                 Hayes
Knotts                 Leatherman             Lourie
Martin                 Mescher                O'Dell
Peeler                 Rankin                 Richardson
Ryberg                 Scott                  Setzler
Thomas                 Verdin

Total--23

The following named Senators voted for Ms. Smalls:

Anderson               Ford                   Gregory
Hutto                  Jackson                Land
Leventis               Malloy                 Matthews
McConnell              McGill                 Patterson
Pinckney               Reese                  Ritchie
Sheheen                Short                  Smith, J. Verne
Williams

Total--19


Printed Page 579 . . . . . Wednesday, February 2, 2005

On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Jones:

Agnew                  Altman                 Anthony
Bailey                 Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Duncan                 Edge
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Hiott
Huggins                Jennings               Leach
Limehouse              Littlejohn             Loftis
Lucas                  McCraw                 McGee
Miller                 Norman                 Owens
Phillips               Pinson                 Pitts, E.
Pitts, M.              Rhoad                  Rice
Rivers                 Sandifer               Simrill
Sinclair               Skelton                Smith, D.C.
Smith, G.M.            Smith, G.R.            Smith, J.R.
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--76

The following named Representatives voted for Ms. Smalls:

Allen                  Anderson               Bales
Branham                Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Cobb-Hunter            Coleman                Davenport
Delleney               Emory                  Funderburk
Govan                  Hines, J.              Hines, M.
Hosey                  Howard                 Jefferson

Printed Page 580 . . . . . Wednesday, February 2, 2005

Kennedy                Kirsh                  Lee
Mack                   Mahaffey               Martin
McLeod                 Merrill                Moody-Lawrence
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Rutherford
Scarborough            Scott                  Smith, F.N.
Smith, J.E.            Smith, W.D.            Vick
Weeks                  Whipper

Total--44

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   120
Grand Total   162
Necessary to a choice   82
Of which Ms. Jones received   99
Of which Ms. Smalls received   63

Whereupon, the PRESIDENT announced that the Honorable Dorothy Mobley Jones had been elected to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge, Administrative Law Court
Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Administrative Law Court, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Joseph M. "Mickey" Epting, John D. McLeod and Shirley C. Robinson had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Joseph M. "Mickey" Epting was withdrawn from consideration.

Senator McCONNELL placed the names of John D. McLeod and Shirley C. Robinson in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.


Printed Page 581 . . . . . Wednesday, February 2, 2005

The following named Senators voted for Mr. McLeod:

Bryant                 Campsen                Cromer
Fair                   Gregory                Grooms
Hayes                  Knotts                 Leatherman
Martin                 McConnell              Mescher
O'Dell                 Peeler                 Rankin
Ritchie                Ryberg                 Scott
Sheheen                Short                  Smith, J. Verne
Thomas                 Verdin

Total--23

The following named Senators voted for Ms. Robinson:

Alexander              Anderson               Cleary
Elliott                Ford                   Hutto
Jackson                Land                   Leventis
Lourie                 Malloy                 Matthews
McGill                 Patterson              Pinckney
Reese                  Richardson             Setzler
Williams

Total--19

On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. McLeod:

Altman                 Anthony                Bailey
Barfield               Bingham                Bowers
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Coleman                Cotty                  Dantzler
Davenport              Delleney               Duncan
Frye                   Funderburk             Haley
Hamilton               Harrell                Haskins
Herbkersman            Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Neilson
Norman                 Owens                  Perry

Printed Page 582 . . . . . Wednesday, February 2, 2005

Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--74

The following named Representatives voted for Ms. Robinson:

Agnew                  Allen                  Anderson
Bales                  Ballentine             Battle
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Clark                  Clyburn                Cobb-Hunter
Edge                   Emory                  Govan
Hagood                 Hardwick               Hayes
J. Hines               M. Hines               Hosey
Howard                 Jefferson              Jennings
Kennedy                Lee                    Lucas
Mack                   Martin                 Miller
Moody-Lawrence         J. M. Neal             Ott
Parks                  Rhoad                  Rivers
Rutherford             Scott                  F. N. Smith
J. E. Smith            Weeks                  Whipper

Total--45

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   119
Grand Total   161
Necessary to a choice   81
Of which Mr. McLeod received   97
Of which Ms. Robinson received   64


Printed Page 583 . . . . . Wednesday, February 2, 2005

Whereupon, the PRESIDENT announced that the Honorable John D. McLeod had been elected to the position of Judge, Administrative Law Court, Seat #2 for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

RECESS

At 12:28 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:07 P.M. and was called to order by the PRESIDENT.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Local Appointment

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

Mackie Hayes, P.O. Box 1204, Dillon, S.C. 29536 VICE Franklin D. Lee

REGULATIONS RECEIVED

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

Document No. 2946
Agency: Commission on Higher Education
SUBJECT: South Carolina HOPE Scholarship
Received by Lieutenant Governor February 2, 2005
Referred to Education Committee
Legislative Review Expiration June 2, 2005


Printed Page 584 . . . . . Wednesday, February 2, 2005

Document No. 2948
Agency: Commission on Higher Education
SUBJECT: Palmetto Fellows Scholarship Program
Received by Lieutenant Governor February 2, 2005
Referred to Education Committee
Legislative Review Expiration June 2, 2005

Document No. 2957
Agency: Department of Motor Vehicles
SUBJECT: Motorist Insurance Identification Database
Received by Lieutenant Governor February 2, 2005
Referred to Transportation Committee
Legislative Review Expiration June 2, 2005

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Theodore A. Watson of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator GROOMS, at 11:55 A.M., Senator HAWKINS was granted a leave of absence beginning at 12:00 Noon today and lasting until 4:00 P.M. tomorrow.

Privilege of the Floor

On motion of Senator McCONNELL, the Privilege of the Floor was extended to Miss Essie Shealy, Mail Room Assistant, upon the occasion of her 50th birthday.

Senators J. VERNE SMITH and DRUMMOND escorted Miss Shealy to the podium.

On behalf of the entire Senate, Miss Shealy was presented a framed Resolution commemorating her birthday and thanking her for her many years of devoted service to the Senate.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

S. 22--CO-SPONSORS REMOVED

S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams, Scott and Cleary: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE


Printed Page 585 . . . . . Wednesday, February 2, 2005

INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILLFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.

On motion of Senator CLEARY, the names of Senators CLEARY and SCOTT were removed as co-sponsors of S. 22.

S. 308--CO-SPONSORS ADDED

S. 308 (Word version) -- Senators McConnell, Thomas, Lourie, Sheheen, Land, Drummond, Setzler, Cromer, Richardson, Knotts, McGill, O'Dell, Alexander, Leatherman, Anderson, Leventis, Courson and Short: A BILL TO AMEND SECTION 58-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE REVIEW COMMITTEE HAS THE POWER TO APPOINT AN ADVISORY COMMITTEE, AT LEAST ONE OF WHOM MUST HAVE ELECTRIC COOPERATIVE EXPERIENCE, AND TO FURTHER PROVIDE THAT THE REVIEW COMMITTEE HAS THE DUTY TO REVIEW CANDIDATES FOR APPOINTMENT TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO DETERMINE WHETHER THE CANDIDATES ARE QUALIFIED; AND TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT


Printed Page 586 . . . . . Wednesday, February 2, 2005

OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO ESTABLISH QUALIFICATIONS AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS AND TO PROVIDE THE MANNER IN WHICH THE DIRECTORS MUST BE APPOINTED.

On motion of Senator PEELER, the names of Senators PEELER, GROOMS, MALLOY, FORD and VERDIN were added as co-sponsors of S. 308.

S. 106--CO-SPONSOR ADDED

S. 106 (Word version) -- Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor to S. 106.

S. 111--CO-SPONSOR ADDED

S. 111 (Word version) -- Senators Fair, Bryant, Grooms and Thomas: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.


Printed Page 587 . . . . . Wednesday, February 2, 2005

On motion of Senator VERDIN, with unanimous consent, the name of Senator VERDIN was added as a co-sponsor of S. 111.

RECALLED

H. 3226 (Word version) -- Reps. Clemmons, Mahaffey and Umphlett: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 389 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.


Printed Page 588 . . . . . Wednesday, February 2, 2005

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

S. 390 (Word version) -- Senators Moore and Setzler: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO REVISE CERTAIN ELIGIBILITY AND RETENTION REQUIREMENTS FOR THE SCHOLARSHIP INCLUDING A REQUIREMENT THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION, FOR PURPOSES OF LIFE SCHOLARSHIP ELIGIBILITY, MUST BE INCLUSIVE OF THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.
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Read the first time and referred to the Committee on Education.

S. 391 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.
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Read the first time and referred to the Committee on Judiciary.

S. 392 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 16-1-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF THIRD OR SUBSEQUENT CONVICTIONS OF CERTAIN PROPERTY CRIMES, SO AS TO EXCLUDE FROM THE PROVISIONS OF THE SECTION THE OFFENSE OF SHOPLIFTING WHEN THE VALUE OF THE SHOPLIFTED MERCHANDISE IS ONE THOUSAND DOLLARS OR LESS; TO AMEND SECTION 16-13-110, RELATING TO SHOPLIFTING, SO AS TO REVISE THE PENALTIES FOR SHOPLIFTING WHEN THE VALUE OF THE MERCHANDISE SHOPLIFTED IS ONE THOUSAND DOLLARS OR LESS AND TO


Printed Page 589 . . . . . Wednesday, February 2, 2005

PROVIDE THAT THESE OFFENSES MAY BE TRIED IN MAGISTRATES COURT.
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Read the first time and referred to the Committee on Judiciary.

S. 393 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 41 OF THE 1976 CODE, RELATING TO LABOR AND EMPLOYMENT BY ADDING CHAPTER 8 ENTITLED THE WORKER'S RIGHT TO KNOW ACT, TO PROVIDE MEMBERS OF LABOR ORGANIZATIONS EMPLOYED BY PUBLIC AGENCIES WITH INFORMATION CONCERNING MEMBERSHIP IN LABOR ORGANIZATIONS THROUGH COMPREHENSIVE DISCLOSURE OF LABOR ORGANIZATION FINANCES AND TO PROVIDE FOR THE PROTECTION OF A WORKER'S FREEDOM OF SPEECH, ASSEMBLY, AND OTHER RIGHTS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 394 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-10 OF THE 1976 CODE, RELATING TO DEALERS IN PRECIOUS METALS, TO PROVIDE A DEFINITION OF BUSINESS; TO AMEND SECTION 40-54-70, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER; AND TO AMEND VARIOUS OTHER SECTIONS OF CHAPTER 54 OF TITLE 40 TO MAKE CERTAIN TECHNICAL AND OTHER CHANGES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 395 (Word version) -- Senators Cromer and Knotts: A SENATE RESOLUTION TO ESTABLISH MARCH AS IRISH HERITAGE MONTH IN CELEBRATION AND APPRECIATION OF ALL THE CONTRIBUTIONS THAT IRISH IMMIGRANTS AND IRISH-


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AMERICANS HAVE MADE AND CONTINUE TO MAKE TO THIS NATION AND OUR STATE.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 396 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
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Read the first time and referred to the Committee on Finance.

S. 397 (Word version) -- Senators Matthews and Hutto: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF WILLIAM ALEXANDER PATTERSON, JR., PRESIDENT OF THE MINING ASSOCIATION OF SOUTH CAROLINA AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 398 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 399 (Word version) -- Senators Alexander, Hayes and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


Printed Page 591 . . . . . Wednesday, February 2, 2005

ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS-LICENSE TAX A COUNTY MAY REQUIRE A BUSINESS REGISTRATION THROUGHOUT THE COUNTY FOR AN ADMINISTRATIVE FEE NOT TO EXCEED FIFTEEN DOLLARS, BY ADDING SECTION 12-37-712 SO AS TO PROVIDE FOR THE ALLOCATION OF THE VALUE OF BOATS FOR PROPERTY TAX PURPOSES HAVING A SITUS IN THIS STATE AND AT LEAST ONE OTHER STATE, BY ADDING SECTION 12-45-430 SO AS TO PROVIDE THAT THE COUNTY TREASURER MAY NOT ISSUE A TAX RECEIPT UNLESS THE TAXES, PENALTIES, COSTS, AND ALL OTHER CHARGES INCLUDED IN THE BILL HAVE BEEN PAID IN FULL, TO AMEND SECTIONS 12-37-2650 AND 12-37-2730, RELATING TO PROPERTY TAX ON MOTOR VEHICLES, SO AS TO PROVIDE THAT THE TREASURER SHALL ISSUE A TAX RECEIPT ONLY IF ALL OTHER CHARGES ON THE TAX BILL HAVE BEEN PAID AND TO DELETE OBSOLETE LANGUAGE AND TO AUTHORIZE A CODE ENFORCEMENT OFFICER TO ISSUE AN ORDINANCE SUMMONS TO A PERSON THE OFFICER BELIEVES HAS FAILED TO REMIT MOTOR VEHICLE PROPERTY TAXES, TO PROVIDE FOR A FINE FOR VIOLATORS, AND PROVIDE FOR DISMISSAL OF THE SUMMONS UPON SHOWING BY THE TAXPAYER BEFORE THE COURT DATE OF PROPER REGISTRATION AND PAYMENT OF CURRENT AND DELINQUENT TAXES, TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A TAXPAYER'S RENTAL OF HIS RESIDENCE FOR FEWER THAN FIFTEEN DAYS IN A TAXABLE YEAR DOES NOT DISQUALIFY THE RESIDENCE FROM RECEIVING THE FOUR-PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO AMEND SECTIONS 12-49-950 AND 12-51-55, AS AMENDED, SO AS TO PROVIDE FOR THE MINIMUM BID OF THE FORFEITED LAND COMMISSION WHEN THERE ARE NO BIDS AT A DELINQUENT TAX SALE, TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE ISSUING OF A TAX TITLE AT THE END OF THE REDEMPTION PERIOD, SO AS TO MAKE THE PURCHASER RESPONSIBLE FOR THE ACTUAL COSTS OF PREPARING THE TAX TITLE, TO AMEND SECTION 12-54-25, AS AMENDED,

Printed Page 592 . . . . . Wednesday, February 2, 2005

RELATING TO INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS OF TAXES, SO AS TO PROVIDE THAT NO INTEREST IS DUE ON AN OVERPAYMENT OF PROPERTY TAXES IF THE OVERPAYMENT IS REFUNDED WITHIN SEVENTY-FIVE DAYS AFTER THE COUNTY RECEIVES NOTICE FROM THE DEPARTMENT OF REVENUE THAT THE TAXPAYER IS DUE A CREDIT OR REFUND, AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION ON DISCLOSING TAX RETURNS AND THE EXCEPTIONS, SO AS TO ALLOW DISCLOSURE OF ADDITIONAL INFORMATION FROM A RETURN.
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Read the first time and referred to the Committee on Finance.

S. 400 (Word version) -- Senator Land: A CONCURRENT RESOLUTION CONGRATULATING THE CALHOUN ACADEMY "CAVALIERS" FOOTBALL TEAM OF CALHOUN COUNTY ON THEIR OUTSTANDING SEASON AND CAPTURING THE 2004 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE FOOTBALL CHAMPIONSHIP, AND HONORING THESE OUTSTANDING PLAYERS, COACH ADAM JARECKI AND HIS STAFF, AND THE CALHOUN ACADEMY.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3011 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Cato, Harrell, Chellis, G. R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge and Hagood: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSION OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 7,


Printed Page 593 . . . . . Wednesday, February 2, 2005

ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

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

H. 3085 (Word version) -- Reps. Harrison, Kirsh, E. H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING INFORMATION OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

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

H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR


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THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.

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

H. 3274 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 20-7-2220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS AND THE EFFECT OF PENDENCY OF AN APPEAL IN CERTAIN FAMILY COURT MATTERS, SO AS TO PROVIDE THAT NO TEN DAY AUTOMATIC STAY APPLIES IN SUCH CASES.

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

H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J. R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: 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


Printed Page 595 . . . . . Wednesday, February 2, 2005

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.

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

H. 3334 (Word version) -- Reps. Cooper, Rice, Hiott, Owens and Skelton: A JOINT RESOLUTION TO CHANGE THE NAME OF EARLE E. MORRIS, JR., HIGHWAY IN ANDERSON AND PICKENS COUNTIES TO SOUTH CAROLINA HIGHWAY 153 AND TO NOTIFY THE COUNTY GOVERNING BODIES AND POST OFFICES AFFECTED BY THE CHANGE.

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

H. 3400 (Word version) -- Rep. Anthony: A BILL TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3418 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION CONGRATULATING THE CALHOUN ACADEMY "CAVALIERS" FOOTBALL TEAM OF CALHOUN COUNTY ON THEIR OUTSTANDING SEASON AND CAPTURING THE 2004 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE FOOTBALL CHAMPIONSHIP, AND HONORING THESE OUTSTANDING PLAYERS, COACH ADAM JARECKI AND HIS STAFF, AND THE CALHOUN ACADEMY.

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


Printed Page 596 . . . . . Wednesday, February 2, 2005

H. 3419 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF JUDGE ARCHIE BEATTIE OF LEE COUNTY ON JANUARY 17, 2005, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator ALEXANDER from the Committee on Invitations submitted a favorable report on the following invitations:

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

Tuesday, February 15, 2005 - 6:00-7:00 PM
Members of the Senate, Reception, Columbia Adam's Mark Hotel - Carolina Ballroom, by MUNICIPAL ASSOCIATION OF SC

Wednesday, February 16, 2005 - Noon
Members of the Senate, Lunch, Palmetto Club, by SC SECTION OF THE AMERICAN WATER WORKS ASSOCIATION AND SC WATER UTILITY COUNCIL


Printed Page 597 . . . . . Wednesday, February 2, 2005

Wednesday, February 16, 2005 - 6:30-8:00 PM
Members of the Senate, Reception, Seawell's, by SC CREDIT UNION LEAGUE

Thursday, February 17, 2005 - 7:45-8:45 AM
Members of the Senate, Breakfast, Holiday Inn City Center, Assembly St., by SC ASSOCIATION OF CHRISTIAN SCHOOLS

Tuesday, February 22, 2005 - 6:00-8:00 PM
Members of the Senate, "Florence County Day" Reception, Columbia Museum of Art, by FLORENCE COUNTY DEVELOPMENT PARTNERSHIP

Wednesday, February 16, 2005 - 8:00-9:30 AM
Members of the Senate, Breakfast, 221 Blatt Building, by SC NURSERY & LANDSCAPE ASSOCIATION

Wednesday, February 23, 2005 - 12:30-2:00 PM
Members of the Senate, Lunch, Capital City Club, by SC ASSOCIATION OF NONPROFIT ORGANIZATIONS

Wednesday, February 23, 2005 - 6:00-8:00 PM
Members of the Senate, Reception, Embassy Suites, by SC ASSOCIATION OF COUNTIES

Tuesday, March 1, 2005 - 6:00-8:00 PM
Members of the Senate, Reception, Clarion Town House, by PROBATE JUDGES ASSOCIATION

Wednesday, March 2, 2005 - 12:00-2:00 PM
Members of the Senate, Lunch, Adam's Mark, by ASSOCIATION OF PUBLIC LIBRARY ADMINISTRATORS

Wednesday, March 2, 2005 - 6:00-8:00 PM
Members of the Senate, Reception, Clarion Town House, by AMERICAN LEGISLATIVE EXCHANGE COUNCIL

Thursday, March 3, 2005 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt Building, by VOCATIONAL REHABILITATION ASSOCIATION


Printed Page 598 . . . . . Wednesday, February 2, 2005

Senator ALEXANDER from the Committee on Invitations submitted a favorable report on the following invitations:

Poll of the Invitations Committee
Polled 11; Ayes 10; Nays 0; Not Voting: 1

AYES

Alexander                 Patterson                 McGill
Reese                     Knotts                    Elliott
Ford                      Grooms                    Verdin
Campsen                   

Total--10

NAYS

Total--0

NOT VOTING

ODell

Total--1

Wednesday, February 16, 2005 - 8:00-9:30 AM
Members of the Senate, Breakfast, 221 Blatt Building, by SC NURSERY & LANDSCAPE ASSOCIATION

Wednesday, February 23, 2005 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES AND THE SC GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS

Thursday, February 24, 2005 - 8:00-10:00 AM
Members of the Senate, Breakfast Drop-In, 221 Blatt, by WIL LOU GRAY OPPORTUNITY SCHOOL

Wednesday, March 2, 2005 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC SELF-INSURERS ASSOCIATION, INC.


Printed Page 599 . . . . . Wednesday, February 2, 2005

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 23 (Word version) -- Senators Short, Moore, Elliott, Ryberg, Ritchie, Verdin, Bryant, Ford, Leatherman and Leventis: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE "BREAST CANCER AWARENESS" MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 72 (Word version) -- Senators Ritchie, Jackson, Ryberg, Mescher, Richardson and Ford: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN SEVENTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.

Ordered for consideration tomorrow.

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


Printed Page 600 . . . . . Wednesday, February 2, 2005

S. 83 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott, Alexander, Gregory, Leatherman, Richardson and Bryant: A BILL TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO MEDICAL MALPRACTICE" BY AMENDING TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING ARTICLE 3, CHAPTER 32, SO AS TO ESTABLISH PROCEDURES GOVERNING THE AWARD OF NONECONOMIC DAMAGES; TO AMEND CHAPTER 35, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-35-400, SO AS TO PROVIDE FOR OFFERS OF JUDGMENT AFTER COMMENCEMENT OF ANY CIVIL ACTION BASED ON CONTRACT OR SEEKING THE RECOVERY OF MONEY DAMAGES; TO AMEND CHAPTER 36, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-36-100, SO AS TO ESTABLISH STANDARDS FOR EXPERT WITNESSES IN PROFESSIONAL MALPRACTICE ACTIONS; TO AMEND TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 79, SO AS TO PROVIDE FOR MANDATORY MEDIATION AND TO PERMIT BINDING ARBITRATION IN MEDICAL MALPRACTICE ACTIONS; TO AMEND ARTICLE 1, CHAPTER 79, TITLE 38, RELATING TO THE JOINT UNDERWRITING ASSOCIATION AND BOARD OF GOVERNORS FOR THE PATIENTS' COMPENSATION FUND, BY ADDING SECTION 38-79-40, SO AS TO PROHIBIT A PERSON SERVING IN THESE AGENCIES FROM BEING EMPLOYED OR COMPENSATED BY EITHER OF THESE AGENCIES; TO AMEND SECTION 38-79-460, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT THE FUND SHALL BE MANAGED BY THE BOARD OF GOVERNORS RATHER THAN THE STATE TREASURER; TO AMEND SECTION 38-79-470, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT MONEY SHALL BE WITHDRAWN FROM THE FUND UPON SIGNATURE OF THE CHAIRMAN OF THE BOARD OF GOVERNORS; AND TO AMEND SECTION 40-47-211, RELATING TO THE BOARD OF MEDICAL EXAMINERS, SO AS TO ALTER THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR LAY MEMBERS.

Ordered for consideration tomorrow.


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Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 106 (Word version) -- Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 113 (Word version) -- Senators Verdin, Knotts, Elliott and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 48 TO CHAPTER 3, TITLE 56 SO AS TO


Printed Page 602 . . . . . Wednesday, February 2, 2005

PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 269 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE LITTLE RIVER BRIDGE ON SOUTH CAROLINA HIGHWAY 560 IN LAURENS COUNTY AS THE "JAMES WILLIAMS MEMORIAL BRIDGE" TO HONOR THIS REVOLUTIONARY WAR HERO.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.

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. 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


Printed Page 603 . . . . . Wednesday, February 2, 2005

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

Printed Page 604 . . . . . Wednesday, February 2, 2005

VENUE TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER.

Ordered for consideration tomorrow.

HOUSE CONCURRENCES

S. 356 (Word version) -- Senators Jackson, Patterson and Lourie: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF DOCTOR RONALD L. EPPS UPON HIS RETIREMENT AS SUPERINTENDENT OF SCHOOLS FOR RICHLAND COUNTY SCHOOL DISTRICT ONE ON JANUARY 31, 2005, AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 379 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 15, 2005, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICALS IN OUR STATE.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 204 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.

S. 354 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS,


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DESIGNATED AS REGULATION DOCUMENT NUMBER 2873, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILLS

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

H. 3356 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.

H. 3363 (Word version) -- Reps. Mahaffey, Sinclair, Davenport, Anthony and W.D. Smith: A BILL TO AMEND ACT 248 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY TO FIVE HUNDRED THOUSAND DOLLARS THE BORROWING LIMITS OF THE DISTRICT AND TO AUTHORIZE THE BOARD OF FIRE CONTROL TO HIRE SUCH EMPLOYEES AND DETERMINE THEIR SALARIES.

H. 3371 (Word version) -- Reps. Vick, Neilson and Jennings: 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 GIVE THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.

S. 386 (Word version) -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF


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TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.

By prior motion of Senator McGILL

S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

READ THE THIRD TIME SENT TO THE HOUSE

S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW


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AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 20 (1R015.LKG) proposed by Senator GROOMS and previously printed in the Journal of Tuesday, February 1, 2005.

Senator HUTTO argued contra to the adoption of Amendment No. 20.

Senator HUTTO moved to lay the amendment on the table.

The amendment was laid on the table.

There being no further amendments, the question then was the third reading of the Bill.

Senator McCONNELL argued contra to the third reading of the Bill.

Senator KNOTTS argued contra to the third reading of the Bill.

Senator HUTTO argued in favor of the third reading of the Bill.

Senator GROOMS argued contra to the third reading of the Bill.

Senator COURSON argued in favor of the third reading of the Bill.

Senator LOURIE argued in favor of the third reading of the Bill.

Senator MALLOY spoke on the Bill.

Senator RANKIN argued in favor of the third reading of the Bill.


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

Ayes 33; Nays 12

AYES

Anderson                  Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Gregory                   Hayes
Hutto                     Jackson                   Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McGill                    Moore *                   O'Dell
Patterson                 Rankin                    Reese
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short
Smith, J. Verne           Thomas                    Williams

Total--33

NAYS

Alexander                 Bryant                    Campsen
Grooms                    Hawkins *                 Knotts
McConnell                 Mescher                   Peeler
Pinckney                  Scott                     Verdin

Total--12

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

Statement by Senator GROOMS

I voted against S. 1 because I believe it is a step in the wrong direction for South Carolina. It is my hope that everyone riding in a car will wear a seatbelt -- as I do -- but I believe also that it is inappropriate to use the force of the State to advance this position.

The fundamental purpose of our government is the protection of life, liberty and property. The government's duty is not to protect us from


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ourselves or from individual choices that do not violate the rights of others. This piecemeal affront to personal liberty is a one-way street. Once forfeited, freedom seldom is recovered.

There are leaders today who would also have the State make other decisions "in our best interests." Some would decide our health care decisions, or when a person's very life should end based on their measure of "quality." Still others would decide what's best for us to read, or watch on television, or even which faith is most appropriate.

The irony is that our unique system of government is attacked by many in the world as dangerous, simply because some leaders still believe in allowing individuals the freedom to make decisions for themselves.

Expression of Personal Interest

Senator RYBERG rose for an Expression of Personal Interest.

LOCAL APPOINTMENT
Confirmation

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

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

Mackie Hayes, P.O. Box 1204, Dillon, S.C. 29536 VICE Franklin D. Lee


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MOTION ADOPTED

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Brandon J. ("B.J.") Helton, who died on Thursday, Jan. 27, 2005, at Tuomey Regional Medical Center in Sumter, S.C. Born May 13, 1988, in Sumter County, he was the third child born to Claude and Deborah White Helton. He was an active member at the Kingsbury Road Church of Christ, where he served in many capacities, which included Sunday school, the Bible Camp, where his team won the Three on Three Championship, the Timothy Class Training for Leadership, the Lord's Table of Scripture Readings, Bible Bowls, Usher Board and the Nursing Home Ministry.

B.J. was a 10th-grader at Crestwood High School and a member of the junior varsity football and basketball teams. He earned the Captain's Award for junior varsity football, and was the ninth-grade Rookie of the Year in basketball at Crestwood High School.

A ray of sunshine has been removed from the lives of all who knew and loved B.J., and he will be greatly missed.

ADJOURNMENT

At 3:42 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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