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


Printed Page 910 . . . . . Wednesday, March 2, 2005

Wednesday, March 2, 2005
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

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

Beloved, hear the Psalmist in ancient times. Psalm 147:

"Praise the Lord! For He heals the broken hearted, and binds up his wounds..."
Let us pray.

Father, we rejoice as we welcome today the Easter Seal friends. They are close to the heart of God in their program "Creating Solutions for Disabilities."

May we, as citizens - far and wide - in word - and deed - and money, be used as instruments of Your MERCY to do that which is good for the healing and happiness of all Your children.
Amen!

Point of Quorum

At 10:04 A.M., Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Anderson                  Bryant                    Fair
Leatherman                Martin                    McConnell
Mescher                   Scott                     Setzler
Sheheen                   Smith, J. Verne           Williams

It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott

Printed Page 911 . . . . . Wednesday, March 2, 2005

Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    McConnell
McGill                    Mescher                   O'Dell
Patterson                 Peeler                    Pinckney
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Smith, J. Verne           Williams

A quorum being present, the Senate resumed.

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

Doctor of the Day

Senator LEATHERMAN introduced Dr. Kristopher Crawford of Florence, S.C., Doctor of the Day.

Leave of Absence

At 10:19 A.M., Senator KNOTTS requested a leave of absence from 2:00 P.M. - 5:00 P.M. today.

Leave of Absence

At 11:23 P.M., Senator LAND requested a leave of absence from 7:00 A.M. - 11:00 A.M. on Thursday, March 3, 2005.

Expression of Personal Interest

Senator PINCKNEY rose for an Expression of Personal Interest.

S. 13--CO-SPONSOR ADDED

S. 13 (Word version) -- Senators McConnell, Moore, Campsen, Elliott, Ritchie, Verdin, Mescher, Setzler, Bryant, Alexander, Fair, Grooms, Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2005; BY ADDING SECTION 15-78-210 SO AS TO PROVIDE PROTECTION FROM CIVIL LIABILITY FOR TEACHERS ACTING IN THE SCOPE OF THEIR EMPLOYMENT AND TO PROVIDE AN EXCEPTION TO THIS PROTECTION; BY ADDING SECTION 59-25-900, SO AS TO


Printed Page 912 . . . . . Wednesday, March 2, 2005

PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE; TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.

On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 13.

S. 247--CO-SPONSOR ADDED

S. 247 (Word version) -- Senators J. Verne Smith, Hutto and Sheheen: A BILL TO AMEND ARTICLES, 1, 3, AND 5, CHAPTER 20, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WITH MENTAL RETARDATION, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES, SO AS TO ALSO APPLY THIS CHAPTER TO PERSONS WITH EPILEPSY, TO CONFORM REFERENCES THROUGHOUT THE CHAPTER, TO MAKE TECHNICAL CORRECTIONS, AND TO RENAME CHAPTER 20, TITLE 44 "SOUTH CAROLINA MENTAL RETARDATION, RELATED DISABILITIES, EPILEPSY, HEAD INJURIES, AND SPINAL CORD INJURIES ACT".

On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 247.


Printed Page 913 . . . . . Wednesday, March 2, 2005

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 549 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-137 SO AS TO PROVIDE FOR THE REGULATION OF AND REQUIREMENTS FOR HEALTH INSURANCE THAT PROVIDES COVERAGE, BENEFITS, OR SERVICES FOR MATERNITY OR NEWBORN CARE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 550 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ABOLISH THE DEATH TAX IMMEDIATELY AND PERMANENTLY.
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The Concurrent Resolution was introduced and referred to the Committee on Finance.

S. 551 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THE CONGRESS OF THE UNITED STATES TO SUPPORT A REPEAL OF THE FEDERAL EXCISE TAX ON TELECOMMUNICATIONS.
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The Concurrent Resolution was introduced and referred to the Committee on Finance.

S. 552 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO COMMEND THE CONGRESS OF THE UNITED STATES FOR MAKING OUR NATION'S DEFENSE ITS FIRST PRIORITY IN 2002, 2003, AND 2004 AND REQUEST THE CONGRESS TO CONTINUE THIS IMPORTANT TRADITION BY PASSING AND ENACTING THE DEFENSE APPROPRIATIONS LEGISLATION BEFORE ALL OTHER SPENDING BILLS IN 2005 AND IN FUTURE YEARS.
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The Concurrent Resolution was introduced and referred to the Committee on Finance.


Printed Page 914 . . . . . Wednesday, March 2, 2005

S. 553 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ENACT NO INCREASES IN PAYROLL TAXES, NO CUTS TO SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
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The Concurrent Resolution was introduced and referred to the Committee on Finance.

S. 554 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO HONOR SOUTH CAROLINA'S MARINAS FOR ALL THE BENEFITS THESE FRIENDLY GATEWAYS PROVIDE AND RECOGNIZE AUGUST 13, 2005, AS "NATIONAL MARINA DAY" TO INCREASE PUBLIC AWARENESS OF THE MANY GREAT CONTRIBUTIONS MARINAS MAKE TO OUR STATE.
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The Senate Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

S. 555 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THE CONGRESS OF THE UNITED STATES TO REAUTHORIZE THE HOBBS ACT TO PROTECT WORKERS FROM UNION VIOLENCE.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 556 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION REQUESTING THE SENATE OF THE UNITED STATES TO SUPPORT AND QUICKLY CONFIRM ALL FUTURE NOMINEES OF PRESIDENT GEORGE W. BUSH TO THE UNITED STATES SUPREME COURT.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 557 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY PENAL


Printed Page 915 . . . . . Wednesday, March 2, 2005

SYSTEM, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS WORKING FOR THE MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.

S. 558 (Word version) -- Senators Knotts, Cromer and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-35 SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER OF BOARD APPOINTMENTS FOR DISTRICTS HAVING IN EXCESS OF ONE THOUSAND RESIDENTIAL CUSTOMERS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.
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Read the first time and referred to the Committee on Judiciary.

S. 559 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA PORTS AUTHORITY, AND SECTION 58-31-20, AS AMENDED, RELATING TO APPOINTMENT OF A BOARD OF DIRECTORS FOR THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, BOTH SO AS TO PROVIDE FOR FOUR-YEAR TERMS FOR ALL MEMBERS, WITH A CERTAIN NUMBER OF THE MEMBERS BEING APPOINTED BY THE GOVERNOR IN EACH OF THE FOUR YEARS OF THE GOVERNOR'S TERM.
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Read the first time and referred to the Committee on Judiciary.

S. 560 (Word version) -- Senators Hayes, Martin, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-415 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A WEAPON OR A FIREARM FROM THE LAWFUL POSSESSION OF A LAW ENFORCEMENT OFFICER OR A CORRECTIONS OFFICER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Judiciary.


Printed Page 916 . . . . . Wednesday, March 2, 2005

S. 561 (Word version) -- Senators Leventis, J. Verne Smith, Leatherman, Short, Hutto, Land, Anderson, Matthews, Knotts, Patterson, Richardson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF AN INDIVIDUAL EMPLOYER.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 562 (Word version) -- Senators Leventis, Knotts, Thomas, Ford, Malloy, Land, Anderson, Elliott, McGill, Richardson, Short, Patterson, Moore and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-215 SO AS TO PROVIDE THAT THE IDENTITY OF A PERSON FILING A COMPLAINT WITH THE BOARD OF MEDICAL EXAMINERS AGAINST A PHYSICIAN MUST REMAIN ANONYMOUS UNLESS THE MEDICAL DISCIPLINARY COMMISSION FINDS THAT THE COMPLAINT IS WITHOUT MERIT AND THE PHYSICIAN PETITIONS THE ADMINISTRATIVE LAW COURT FOR DISCLOSURE OF THE COMPLAINANT'S IDENTITY AND THE COURT FINDS PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT WAS MADE MALICIOUSLY.
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Senator LEVENTIS spoke on the Bill.

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

S. 563 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 8-13-1308, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO, IN THE CASE OF A CANDIDATE FOR STATEWIDE OFFICE, REDUCE FROM TEN THOUSAND TO THREE THOUSAND FIVE HUNDRED


Printed Page 917 . . . . . Wednesday, March 2, 2005

DOLLARS, AND, IN THE CASE OF ANY OTHER OFFICE, REDUCE FROM TWO TO ONE THOUSAND DOLLARS THE THRESHOLD AMOUNT FOR REQUIRING A COMMITTEE TO FILE A CAMPAIGN REPORT LISTING EXPENDITURES.
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Senator ELLIOTT spoke on the Bill.

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

S. 564 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 NORTH FROM ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF LORIS TO A POINT ONE MILE NORTH OF THIS INTERSECTION, AND THE PORTION OF UNITED STATES HIGHWAY 701 SOUTH FROM ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF LORIS TO A POINT ONE MILE SOUTH OF THIS INTERSECTION THE "JOHN N. HARDEE HIGHWAY", AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG BOTH PORTIONS OF HIGHWAY THAT CONTAIN THE WORDS "JOHN N. HARDEE HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 565 (Word version) -- Senators Ritchie, Leventis, Cleary, Drummond, Knotts, O'Dell, Elliott, Williams, Campsen, Short, Leatherman, Ryberg, Peeler, Malloy, Anderson, Setzler, McConnell and McGill: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL, SO AS TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION EQUAL TO FIFTEEN PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO A LONG-TERM CARE INSURANCE CONTRACT, UP TO THREE HUNDRED FIFTY DOLLARS FOR EACH TAXABLE YEAR FOR EACH CONTRACT, AND TO PROHIBIT A DOUBLE BENEFIT.
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Senator RITCHIE spoke on the Bill.


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

S. 566 (Word version) -- Senators Ritchie, Leventis, Drummond, Campsen, Anderson, Knotts, Short, Peeler, O'Dell, Setzler, Leatherman, Elliott, Ryberg, Williams, Malloy, Cleary, McConnell and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3395 SO AS TO ALLOW A STATE INDIVIDUAL INCOME TAX CREDIT OF FIFTEEN PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO A LONG-TERM CARE INSURANCE CONTRACT, UP TO THREE HUNDRED FIFTY DOLLARS FOR EACH TAXABLE YEAR FOR EACH CONTRACT, AND TO PROHIBIT A DOUBLE BENEFIT.
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Senator RITCHIE spoke on the Bill.

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

S. 567 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION SHARING THE EXCITEMENT OF THE RESIDENTS OF ALLENDALE COUNTY ON THE OCCASION OF THE DEDICATION OF THE RESTORED AND REOPENED ALLENDALE COUNTY COURTHOUSE AT THE COURTHOUSE DEDICATION CEREMONY AND HOMECOMING ON MARCH 19, 2005.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3671 (Word version) -- Reps. Hagood, Limehouse and Merrill: A CONCURRENT RESOLUTION CONGRATULATING THE WANDO HIGH SCHOOL "LADY WARRIORS" GIRLS TENNIS TEAM OF BERKLEY COUNTY ON THEIR 2004 STATE AAAA CHAMPIONSHIP, AND HONORING THE TEAM MEMBERS AND COACH REBECCA WILLIAMSON ON THEIR EXCEPTIONAL SEASON.

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

H. 3684 (Word version) -- Reps. J. H. Neal, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato,


Printed Page 919 . . . . . Wednesday, March 2, 2005

Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE LIFE AND DISTINGUISHED SERVICE OF THEIR COLLEAGUE THE HONORABLE DARRELL JACKSON, MEMBER OF THE SOUTH CAROLINA SENATE, UPON THE OCCASION OF HIS BEING HONORED BY A DINNER/ROAST SPONSORED BY THE BENEDICT COLLEGE COLUMBIA ALUMNI CLUB #2.

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

REPORTS OF STANDING COMMITTEES

Senator SHEHEEN from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Judiciary submitted a favorable with amendment report on:


Printed Page 920 . . . . . Wednesday, March 2, 2005

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

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

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 REQUEST AND TO PROVIDE A PENALTY FOR A VIOLATION OF THE SECTION.

Ordered for consideration tomorrow.


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Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

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 EDUCATION AND THE DEPARTMENT OF JUVENILE JUSTICE ARE AMONG THE AGENCIES RESPONSIBLE FOR DEVELOPING THIS SYSTEM, TO SPECIFY THAT THE GOAL OF THE SYSTEM IS TO SUPPORT CHILDREN WHO ARE AT RISK FOR PLACEMENT IN AN OUT-OF-HOME TREATMENT SETTING, AND TO FURTHER CLARIFY THE RESPONSIBILITIES OF THE SYSTEM; AND TO AMEND SECTION 20-7-5730, AS AMENDED, RELATING TO THE SERVICES FUND FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO CLARIFY THE PAYMENT METHOD FOR THE DEPARTMENT OF EDUCATION'S SHARE OF COSTS FOR CHILDREN IN THE SYSTEM.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.


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

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.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

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

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,


Printed Page 923 . . . . . Wednesday, March 2, 2005

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.

Ordered for consideration tomorrow.

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

H. 3498 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 11 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 9 THE "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY".

Senator HAWKINS spoke on the Concurrent Resolution.

Senator HAWKINS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator HAWKINS asked unanimous consent to adopt the Concurrent Resolution.

There was no objection.

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

HOUSE CONCURRENCE

S. 548 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE, HONOR, AND COMMEND DR. NORMAN P.


Printed Page 924 . . . . . Wednesday, March 2, 2005

PEARSON, SR., PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH IN WILLIAMSTON, FOR HIS THIRTY-FIVE YEARS OF SERVICE TO HIS CHURCH AND COMMUNITY AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3430 (Word version) -- Reps. Vick, Jennings, Lucas and Neilson: A BILL TO PROVIDE THAT EACH MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM CHESTERFIELD COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE.

THIRD READING BILLS

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

S. 237 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-1-465 AND 56-1-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVIDING A PERSON WITH A NOTICE SUSPENDING HIS DRIVER'S LICENSE UNDER CERTAIN


Printed Page 925 . . . . . Wednesday, March 2, 2005

CIRCUMSTANCES, SO AS TO REVISE THE NOTIFICATION PROCEDURE.

Senator RYBERG explained the Bill.

S. 251 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-9600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, SO AS TO DELETE THE TERM "STATE VETERINARIAN" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA DEPARTMENT OF AGRICULTURE".

Senator GROOMS explained the Bill.

S. 406 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; AND TO MAKE CERTAIN OTHER CHANGES RELATED TO COMMERCIAL DRIVERS LICENSES.
(ABBREVIATED TITLE)

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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


Printed Page 926 . . . . . Wednesday, March 2, 2005

AND LICENSING SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FARM TRUCKS SHALL NO LONGER BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF MOTOR VEHICLES FOR COSTS ASSOCIATED WITH THE PRODUCTION AND ISSUANCE OF NEW LICENSE PLATES.

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

The Committee on Transportation proposed the following amendment (SWB\6346CM05), which was adopted:

Amend the bill, as and if amended, Section 56-3-1230(A), as contained in SECTION 2, by striking SECTION 2 in its entirety and inserting:

/SECTION   2.   Section 56-3-1230(A) of the 1976 Code, as last amended by Act 55 of 2001, is further amended to read:

"(A)   License plates must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates, but excluding license plates provided in Sections 56-3-660 and 56-3-670, must be provided by the department at intervals the department considers appropriate, but at least every six years. A new license plate for vehicles contained in Sections 56-3-660 and 56-3-670 must be provided by the department at intervals the department considers appropriate. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, except for the fees collected pursuant to Sections 56-3-660 and 56-3-670, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General in a special restricted account to be used solely by the Department of Motor Vehicles for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. License plates issued for vehicles in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker


Printed Page 927 . . . . . Wednesday, March 2, 2005

may be issued for the plates. License plates issued as permanent may be revalidated and replaced at intervals determined by the department."

Renumber sections to conform.

Amend title to conform.

Senator RYBERG 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.

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.

DEBATE INTERRUPTED

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


Printed Page 928 . . . . . Wednesday, March 2, 2005

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 VENUE TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER.

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

Senator MALLOY spoke on the amendment.

ACTING PRESIDENT PRESIDES

At 11:00 A.M., Senator HAYES assumed the Chair.


Printed Page 929 . . . . . Wednesday, March 2, 2005

Senator MALLOY spoke on the amendment.

Point of Quorum

At 11:21 A.M., Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Knotts
Leatherman                Leventis                  Lourie
Malloy                    Martin                    McConnell
Mescher                   O'Dell                    Patterson
Peeler                    Reese                     Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Smith, J. Verne           Williams

Recorded Presence

Senators REESE and RANKIN recorded their presence subsequent to the Call of the Senate.

Senator MALLOY spoke on the amendment.

On motion of Senator MARTIN, debate was interrupted by the Joint Assembly, with Senator MALLOY retaining the floor.

Committee to Escort

The PRESIDENT had previously appointed Senators LOURIE, HAYES, MALLOY, MARTIN and REESE to escort the State Easter Seal Representatives, their parents and members of their party for the Joint Assembly.

Committee to Escort

The PRESIDENT had previously appointed Senators FAIR, GREGORY, McGILL, GROOMS, HUTTO and HAWKINS to escort the Honorable Jean Hoefer Toal, Chief Justice of the South Carolina


Printed Page 930 . . . . . Wednesday, March 2, 2005

Supreme Court, and members of her party to the House of Representatives for the Joint Assembly.

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate agreed that, upon the conclusion of the Joint Assemblies, the Senate would stand in recess until 2:00 P.M.

RECESS

At 11:25 A.M., on motion of Senator MARTIN, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLIES
"Creating Solutions for Disabilities Day"

At 11:30 A.M., the Senate appeared in the Hall of the House.

The PRESIDENT Pro Tempore 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. 527 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 2, 2005, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 2, 2005 AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seals Representatives, their parents and members of their party were escorted to the rostrum.

The PRESIDENT Pro Tempore then recognized Senator LOURIE.

Senator LOURIE introduced the following members who escorted the 2005 State Easter Seals State Representatives and guests:

Senator REESE escorted and presented Scott Carter, son of Francis Carter of Spartanburg;

Representative Joe Neal escorted and presented Terrell Davis, son of Wanda and Tyrone Davis of Hopkins;

Senator HAYES and Representative Norman escorted and presented Maggie Gordon, daughter of Tiffany and Jamie Gordon of York; and


Printed Page 931 . . . . . Wednesday, March 2, 2005

Senator MALLOY and Representatives Lucas and Neilson escorted and presented Megan Johnson, daughter of Glen and Susan Johnson of Hartsville.

Michelle Hutchinson, daughter of Bobbi Ingram of Central, S.C., and Harriet Lowe, daughter of the late Rose M. Lowe of Little Mountain, S.C., were unable to attend.

Senator LOURIE also recognized Gene Rountree, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Lt. Robert McCullough, President of the South Carolina Law Enforcement Officers Association; Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers Association; Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association; and David Miller, State President of the South Carolina Restaurant Association, who have worked so hard to make the 2005 Buck-A-Cup Campaign such a success.

Chief Justice of the South Carolina Supreme Court

At 12:00 Noon, immediately following the Joint Assembly convened for the "Children With Disabilities Day," the Senate appeared in the Hall of the House.

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

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

The Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court, and members of her party, were escorted to the rostrum by Senators FAIR, GREGORY, McGILL, GROOMS, HUTTO and HAWKINS and Representatives Harrison, Clemmons, Allen and Hagood.

The PRESIDENT Pro Tempore introduced the Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court.

Chief Justice Toal addressed the Joint Assembly as follows:


Printed Page 932 . . . . . Wednesday, March 2, 2005

State of the Judiciary

PRESIDENT Pro Tempore McCONNELL, Speaker Wilkins, Speaker Pro Tempore Smith, members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, ladies and gentlemen:

Judicial Independence

The uproar over the Presidential election in Ukraine split the former Soviet Republic of 48 million into two polarized camps and sent Cold War era echoes on the world stage, as Russia backed Yanukovich and Europe and America backed Yashchenko.

Yashchenko claimed that the election was marked by numerous violations of law. The Central Election Committee refused to examine his claims. As turmoil deepened in this newly formed democracy, the Ukraine Supreme Court met to consider Yashchenko's election challenge.

On December 4, 2004, the Ukraine Supreme Court overturned the certification of the bitterly disputed election and ordered the Central Election Committee to set a new run-off vote.

On December 26, 2004, before the New Year, the Chief Presiding Judge's Order was carried out and the Ukraine finally had a democratically elected leader.

How did the Ukraine Supreme Court have the courage and the tools to conduct this important judicial review? Many credit their training by a team of American judges and lawyers sent on an outreach mission to newly emerging democracies to school their judges in the art of creating and operating an independent court system.

All over the globe, a court system that operates with true judicial independence, applying the constitution and laws without fear or favor, is seen as the very bedrock of a democratic society.

The news from Baghdad yesterday that Baathist terrorists assassinated the Iraqi judge who ordered Sadaam Hussein held in jail for trial after his capture, and the news this morning from Chicago that a United States District Judge's husband and mother may have been murdered by a cultist she previously tried and ordered to jail are proof once again of the threat that an independent court system poses to terrorists and criminals here at home and around the globe. This news should renew our resolve as a people to protect our court system.

Just as America is exporting democracy in the form of free elections in Afghanistan, Iraq, Palestine, the Baltics, and perhaps to Egypt, Lebanon, Saudi Arabia and other middle eastern countries, so is the assistance of American lawyers and judges transplanting an


Printed Page 933 . . . . . Wednesday, March 2, 2005

independent system of justice to countries around the globe. Many South Carolinians are participating in this outreach. Thus, the health of our own democratic institutions is important for the political stability of our beloved State and a beacon of light to the world.

What is our governmental mission here at home?

The executive, legislative and judicial branches must have the kind of cooperative relationship that enables us to provide for the safety and security of our citizens.

The health of each of us depends on public acceptance of our authority and public confidence that we are exercising our authority fairly.

Judicial selection continues to be an important way of building public trust and confidence in a just system.

Diversity

In each of my "State of the Judiciary" addresses, I have discussed our system of judicial selection. Every national meeting I attend deepens my conviction that South Carolina's basic system of legislative selection is a vast improvement over the selection methods in most states, which are money driven and influence tainted.

We have had judicial independence in South Carolina, the hallmark of the stability of the rule of law, because of our method of judicial selection by the General Assembly, but no system is perfect, and ours has the flaw that, although it reflects, fairly closely, the diversity percentages within South Carolina's licensed lawyers, it does not represent the diversity of South Carolina's population.

The chart I am showing illustrates what I'm saying. South Carolina's population is 51% women and 30% African American. Our lawyer population is 27% women and 5% African American. Judges are 17% women and 6% African American.

This is a problem of educating more minority lawyers as well as an issue of the method of judicial screening and selection. I know each of you will work to ensure that our judicial officers reflect the face of South Carolina.

New Judges

It has been 10 years since the South Carolina General Assembly created any new judicial positions at the trial level.

I request that this General Assembly consider legislation which would create 3 new circuit judge and 3 new family court positions. The costs are shown on my chart. I would suggest the positions be created now, to take effect next year with elections and installation at the beginning of the next fiscal year.


Printed Page 934 . . . . . Wednesday, March 2, 2005

Judges' Caseloads

South Carolina has, per capita, the highest caseload on the trial bench of any state system in the country, more than double the national average.

That said, I proudly report that streamlining with increased use of technology and reengineering our business process has kept case backlog fairly stable.

The loser in our overworked system is the quality of the hearings given to our litigants. Family court is an assembly line. Temporary hearings are generally conducted on paper filings without live testimony. We simply do not have the docket space. Child support, abuse and neglect cases take up an enormous part of our docket. General Sessions Circuit Court dockets continue to rise. South Carolina ranks among the highest in the nation in per capita violent crime and criminal domestic violence.

Our solicitors control the docket in this State and I support the continuation of this system, but I am suggesting that each solicitor work with me to develop a differentiated case management system. The day of managing dockets by roll call must go by the way of the buggy whip. Both defendants out on bond and jailed defendants awaiting trial must have set time frames for disposition of their case. Public safety, victim accountability, and reducing the county costs of jailing defendants awaiting trial demand it.

The solicitors of South Carolina are each completely committed to the differentiated case management system, and I have obtained federal grants to design and deploy an automated case management system for solicitors at no cost to their counties other than maintenance. Bids are in process now.

State Salary Study

As the business manager of one of the three branches of government, I am acutely aware that the State has not conducted a comprehensive salary study since I was in the General Assembly 18 years ago.

Sound business practices and the move to restructuring necessitate a comprehensive study of compensation in all three branches, including Constitutional Officers, however restructured.

I will work with the leadership of each branch to establish an independent task force funded without state appropriations to conduct such a study and make recommendations to all three branches.


Printed Page 935 . . . . . Wednesday, March 2, 2005

Court Funding

I won't hammer you on this issue. I am extremely grateful for the consideration the judicial branch has received from the Governor and from this General Assembly.

Our current base in state revenue is $10 million less than it was five years ago when I became your Chief. We have added fees and federal funds to attempt to make up the difference. The support of former Senator Fritz Hollings and Senators Lindsay Graham and Jim DeMint has been crucial in keeping our court system viable.

Technology

The cornerstone of my management plan for our court system has been to utilize high-speed Internet based connectivity. The basic building block was to develop web sites for each court's clerk and get all judges from magistrate through the Supreme Court on reliable high-speed Internet access.

The goal has almost been achieved, as these slides will show. The system is now used for court docket management, distribution of forms and law research access, but efforts now go far beyond the courts.

Progress Report

South Carolina judicial department technology initiatives have:

-- promoted other government agencies to start incorporating technologies into their everyday operations to provide better service.

-- expanded use of technology by other agencies "piggybacking" on to SCJD technologies to provide better service.

Rural counties like Marion, Jasper, and Marlboro counties are now establishing county networks and consolidating telecommunications circuits.

The Department of Probation, Pardon and Parole (PPP) has a project in which they are equipping their field agents with laptops to use while in the courtroom.

In a recent meeting with the leadership of York County, one of the most progressive and affluent counties in the State, a newspaper reporter asked if the SCJD was going to do for York County as we did for Clarendon County - wow!

Automation has changed and is significantly influencing the ways we are doing business:

1. Standards, consistency, and uniformity (what and how)

2. Analyzing processes and procedures (why)

3. Management or resources (who and when)

4. Automation has done more than just help us electronically exchange information.


Printed Page 936 . . . . . Wednesday, March 2, 2005

Efforts for 2005 and the Future

Statewide court case management system (where we are)

1.   Completed: Greenville and Pickens counties

2.   2005 --

Richland

York

Spartanburg

Charleston

3.   Timeline, priorities, and plan for deployment to all counties will be published by the end of the year.

4.   E-filing

5.   Improved electronic interfaces with:

SLED

DMV

DPS

SCDC

PPP

SOLICITORS

CJIS

National Recognition

Rosalyn Frierson, South Carolina's State Court Administrator, and I are pictured on the website we created for our National Conference of Chief Justices and Conference of State Court Administrators Conferences, which will be held in Charleston this summer.

South Carolina is hosting this prestigious national conference for the first time since 1960. We will be telling the South Carolina story of how a rural state has become a national model to all Chiefs and court administrators. Rosalyn and I are proud to represent the face of the new South Carolina.

For the Good of the Order
Tort Reform

This General Assembly is appropriately embarked upon a thoughtful effort to improve the tort system in South Carolina. I support and applaud these efforts. There is no reason for South Carolina courts to be ranked in the 40's in business climate by the U. S. Chamber of Commerce.

The biggest complaint I hear from the business community is about our venue laws. Our recent court decisions limiting punitive damages and modifying venue will do much to level the playing field. I applaud the House of Representatives and the Senate for the serious debate.


Printed Page 937 . . . . . Wednesday, March 2, 2005

The progress of our State will be enhanced by passage of balanced tort reform legislation. Tort reform also can be enhanced by a thoughtful examination of the medical malpractice insurance premium structure and the joint underwriting association.

Indigent Defense

The appointment of T. Patton Adams as the new Director of the Office of Indigent Defense is a positive step forward to more responsible and responsive management of the indigent defense needs of our State.

We can take the next step forward by passage of the Bills currently in the House and Senate, which merge the Office of Indigent Defense and the Office of Appellate Defense.

The final step that needs some attention is adequate funding for these operations, which support much of the work of the trial and appellate criminal litigation system in our State.

Administrative Law Reform

For several years, the House and Senate have considered proposals of the state judicial council to revise and improve the administrative law system in our State. Currently, the Speaker and Chairman of the House Judiciary Committee have introduced versions of these reform measures, and the Chairman of the Senate Judiciary Committee has expressed support for this issue.

I urge you to let the Administrative Law Division be the final decision maker for contested executive agency cases. Duplicative and costly referrals back to agencies, particularly in environmental cases, create what many litigants in the system perceive as an expensive, agency-dominated process that lacks objectivity and due process.

Sentencing

For many years, Speaker Wilkins labored to establish sentencing guidelines for South Carolina. In the wake of the recent United States Supreme Court decisions calling into question the method of sentencing used in most states and federal courts, it is time for all three branches to conduct a study of corrections and sentencing in South Carolina.

Conclusion

But all the reengineering and technology will never substitute for the hard work of your statewide judiciary.

Now let me introduce the next generation of hard workers. This is my grandson, Patrick, already hard at work on his computer. This is the future for which we all work.

Godspeed and God bless.


Printed Page 938 . . . . . Wednesday, March 2, 2005

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

At 12:28 P.M., by prior motion of Senator MARTIN, the Senate receded until 2:00 P.M.
.

AFTERNOON SESSION

The Senate reassembled at 2:00 P.M. and was called to order by the PRESIDENT.

Point of Quorum

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

Call of the Senate

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Ford                      Grooms                    Hawkins
Hayes                     Hutto                     Knotts
Land                      Leatherman                Leventis
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
O'Dell                    Peeler                    Rankin
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Verdin                    Williams

A quorum being present, the Senate resumed.

Recorded Presence

Senators LOURIE, GREGORY, FAIR, THOMAS, JACKSON and PINCKNEY recorded their presence subsequent to the Call of the Senate.


Printed Page 939 . . . . . Wednesday, March 2, 2005

DEBATE INTERRUPTED

S. 345 (Word version) -- Senator Martin: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 41, SO AS TO PROVIDE THAT IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE LIABILITY FOR EACH DEFENDANT IS SEVERAL ONLY AND MUST BE ALLOCATED TO THE DEFENDANTS BASED ON EACH DEFENDANT'S PERCENTAGE OF FAULT, TO ESTABLISH CRITERIA FOR ESTABLISHING THE PERCENTAGES OF FAULT, AND TO PROVIDE EXCEPTIONS FOR INTENTIONAL OR RECKLESS CONDUCT; TO AMEND SECTION 15-3-640, RELATING TO THE STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS, SO AS TO REDUCE THE STATUTE OF REPOSE FROM THIRTEEN TO SEVEN YEARS AND TO DEFINE "SUBSTANTIAL COMPLETION"; TO AMEND SECTION 15-7-30, RELATING TO VENUE FOR A CIVIL ACTION, SO AS TO ESTABLISH PROCEDURES FOR DETERMINING THE PROPER VENUE; TO AMEND SECTION 15-7-100, RELATING TO A CHANGE OF VENUE OF A CIVIL ACTION, SO AS TO PROVIDE THAT WHEN VENUE IS CHANGED, AN ACTION IS NOT SUBJECT TO THE PROCEDURES FOR DETERMINING PROPER VENUE; TO AMEND SECTION 15-36-10, RELATING TO FRIVOLOUS CIVIL PROCEEDINGS, SO AS TO ADOPT THE REASONABLE ATTORNEY STANDARD FOR CIVIL FILINGS BY ALL LITIGANTS AND TO REQUIRE THE REPORTING OF VIOLATIONS OF THE ARTICLE; TO AMEND SECTION 34-31-20, RELATING TO POSTJUDGMENT INTEREST, SO AS TO PROVIDE THAT POSTJUDGMENT INTEREST SHALL ACCRUE AT THE PRIME RATE PLUS FOUR PERCENT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION OF THE COURTS, SO AS TO REMOVE THE REQUIREMENT THAT JURISDICTION UNDER THIS SECTION PRECLUDES A CHANGE OF VENUE; BY ADDING SECTION 39-5-39, SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE FOR AN ATTORNEY TO ADVERTISE HIS SERVICES IN A FALSE, DECEPTIVE, OR MISLEADING WAY, INCLUDING THE USE OF A NICKNAME THAT CREATES AN UNREASONABLE EXPECTATION OF RESULTS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, RELATING TO INSURANCE SAVINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF INSURANCE


Printed Page 940 . . . . . Wednesday, March 2, 2005

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 VENUE TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER.

The Senate resumed 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 MALLOY spoke on the amendment.

ACTING PRESIDENT PRESIDES

At 2:36 P.M., Senator COURSON assumed the Chair.

Senator MALLOY spoke on the amendment.

PRESIDENT PRESIDES

At 5:03 P.M., the PRESIDENT assumed the Chair.

Senator MALLOY spoke on the amendment.

Point of Quorum

At 5:24 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator MALLOY spoke on the amendment.

Expression of Personal Interest

With Senator MALLOY retaining the floor, Senator RICHARDSON, with unanimous consent, rose for an Expression of Personal Interest.

Senator MALLOY spoke on the amendment.


Printed Page 941 . . . . . Wednesday, March 2, 2005

Rule 15A Failed

At 5:30 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 345.

Senator MALLOY spoke on the amendment.

At 5:45 P.M.,   the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 17; Nays 25

AYES

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

Total--17

NAYS

Anderson                  Courson                   Cromer
Drummond                  Elliott                   Ford
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leventis                  Lourie                    Malloy
Matthews                  McGill                    Patterson
Pinckney                  Rankin                    Setzler
Sheheen                   Short                     Thomas
Williams

Total--25

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

Senator MALLOY resumed speaking on the amendment.

Rule 15A Failed

At 5:51 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 345.


Printed Page 942 . . . . . Wednesday, March 2, 2005

Senator MALLOY spoke on the amendment.

At 6:06 P.M.,   the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 18; Nays 23

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Gregory
Grooms                    Leatherman                Martin
McConnell                 Mescher                   O'Dell
Peeler                    Richardson                Ritchie
Ryberg                    Smith, J. Verne           Verdin

Total--18

NAYS

Anderson                  Cromer                    Drummond
Elliott                   Ford                      Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    McGill
Patterson                 Pinckney                  Rankin
Setzler                   Sheheen                   Short
Thomas                    Williams

Total--23

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

Senator MALLOY resumed speaking on the amendment.

Rule 15A Failed

At 6:30 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 345.

Senator MALLOY spoke on the amendment.


Printed Page 943 . . . . . Wednesday, March 2, 2005

At 6:45 P.M.,   the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 19

AYES

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

Total--23

NAYS

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Matthews
McGill                    Patterson                 Rankin
Reese                     Sheheen                   Thomas
Williams

Total--19

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

Senator MALLOY continued speaking on the Bill.

RECESS

At 7:37 P.M., with Senator MALLOY retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed thirty minutes.

At 8:56 P.M., the Senate resumed.

Senator MALLOY resumed speaking on the amendment.


Printed Page 944 . . . . . Wednesday, March 2, 2005

With Senator MALLOY retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to take up Amendment No. 12A for immediate consideration, and upon the resolution of Amendment No. 12A, the Senate would revert to a consideration of Amendment No. 1.

There was no objection and the motion was adopted.

Amendment No. 12A

Senators LEATHERMAN, MARTIN, RICHARDSON and RITCHIE proposed the following Amendment No. 12A (JUD0345.046), which was not adopted:

Amend the bill, as and if amended, pages 11 through 13, by striking SECTION 6 in its entirety and inserting therein:

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

  "CHAPTER 32

Civil Liability

Section 15-32-10.   Unless the context clearly requires otherwise, as used in this section:

(1)   'Damages' means pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, humiliation, any other theory of damages, including, but not limited to, loss of earnings and earning capacity, loss of income, medical expenses and medical care, rehabilitation services, custodial care, burial costs, loss of use of property, costs of repair or replacement of property, costs of obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, economic loss, and other objectively verifiable monetary losses.

(2)   'Fault' means an act or omission of a person which is a proximate cause of injury or death to another person, damages to property, tangible or intangible, or economic injury including, but not limited to, negligence, malpractice, strict liability, absolute liability, or failure to warn.

(3)   'Person' means an individual, corporation, company, association, firm, partnership, society, joint stock company, or other entity, including a governmental entity or unincorporated association of persons.

Section 15-32-20.   Except as provided in Section 15-32-40, in an action for personal injury, property damage, harm to economic interests, harm to reputation, wrongful death or other tort:


Printed Page 945 . . . . . Wednesday, March 2, 2005

(1)   the liability of each defendant for damages is several only and may not be joint; and

(2)   each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment must be rendered against the defendant for that amount as set forth in Section 15-32-30.

Section 15-32-30.   (A)   Where an action is brought against one or more persons for personal injury, property damage, harm to economic interests, harm to reputation, wrongful death, or other tort, the trier of fact shall determine the total amount of damages of plaintiff without reduction for the fault of plaintiff.

(B)   Where an action is brought against more than one person for personal injury, property damage, harm to economic interests, harm to reputation, wrongful death, or other tort, the trier of fact shall determine the percentage of fault, if any, of each person contributing to the injury or damage of plaintiff, including plaintiff, defendants, third-party defendants, and others as set forth in this chapter.

(C)   Subject to the provisions of subsection (E), in assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.

(D)(1)   Where an action is brought against one or more persons for personal injury, property damage, harm to economic interests, harm to reputation, wrongful death, or other tort and the trier of fact determines the plaintiff is to some degree at fault for the injury or damages claimed, the court, subject to subsection (H), shall determine the total amount of damages recoverable by the plaintiff by reducing the total damages determined by the trier of fact pursuant to subsection (A) in proportion to the plaintiff's percentage of fault determined by the trier of fact pursuant to subsection (B). To determine the amount of the judgment to be entered against each defendant, the court, with regard to each defendant, shall multiply the total amount of damages by the percentage of each defendant's fault, and except as provided in Section 15-32-40:

(a)   the amount calculated for each defendant is the total maximum amount recoverable against that defendant; and

(b)   a separate judgment must be rendered against the defendant for that amount.

(2)   Where an action is brought against one or more persons for personal injury, property damage, harm to economic interests, harm to


Printed Page 946 . . . . . Wednesday, March 2, 2005

reputation, wrongful death or other tort and it is not contended that the plaintiff is at fault for the injury or damages claimed, or the trier of fact determines that the plaintiff is not at fault for the injury or damages claimed, the court, with regard to each defendant, shall multiply the total amount of damages by the percentage of each defendant's fault, and except as provided in Section 15-32-40:

(a)   the amount calculated for each defendant is the total maximum amount recoverable against that defendant; and

(b)   a separate judgment must be rendered against the defendant for that amount.

(E)(1)   Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice within one hundred-twenty days following service of the summons and complaint upon him that a nonparty was wholly or partially at fault. The court may extend the time for giving such notice for good cause shown.

(2)   The notice shall be given by designating in a pleading in the action the nonparty and setting forth the nonparty's name and last known address, or the best identification of the nonparty possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault.

(F)   Nothing in this section shall eliminate or diminish any defenses or immunities which currently exists, including, but not limited to, the right of set-off, except as expressly stated in this section.

(G)   Assessments of percentages of fault for nonparties shall be used only in the determination of the percentage of fault of named parties. Where fault is assessed against nonparties, findings of fault shall not subject any nonparty to liability in any action or to be introduced as evidence of liability in any action.

(H)   Notwithstanding the provisions of this section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the percentage of fault assessed against the plaintiff is more than fifty percent.

Section 15-32-40.   (A)   Joint and several liability must be imposed on the following:

(1)   a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party;

(2)   a defendant treated as a single party with another party or nonparty based on common law principles of piercing the   corporate veil; or


Printed Page 947 . . . . . Wednesday, March 2, 2005

(3)   a defendant whose liability arises pursuant to a statutory provision that expressly provides for joint and several liability.

A defendant held jointly and severally liable pursuant to this section is jointly liable only for the share or shares of fault assigned to that defendant and the other party or nonparty.

(B)   A defendant held jointly and severally liable pursuant to the provisions of this section has a right of contribution from other defendants held jointly and severally liable pursuant to this section to the extent provided for by Chapter 38 of Title 15 of the Code of Laws of South Carolina.

(C)   For purposes of determining a percentage of fault, a defendant who by reason of agency, employment, or other legal relationship is vicariously responsible for the conduct of another party and the other party shall be treated as a single party.

(D)   In an action subject to this chapter, a party seeking to establish that two or more parties or nonparties should be treated as a single party for purposes of assigning a percentage of fault based on common law principles of piercing the corporate veil shall affirmatively so plead and the court shall determine, based on common law principles of piercing the corporate veil, whether such parties or nonparties should be treated as a single party or the individual percentages of fault aggregated and joint and several liability imposed on such parties for the aggregated share.

Section 15-32-50.   The burden of alleging and proving fault is upon the person who seeks to establish fault.

Section 15-32-60.   This chapter may not be construed to create a cause of action or to alter the immunity of a person.

Section 15-32-70.   This chapter does not impair any right of indemnity under existing law.

Section 15-32-80.   In a jury trial in any action in which the comparative fault of the parties or non-parties is an issue for determination by the jury, the trial court shall not instruct the jury on the effect of its finding as to the degree or percentage of negligence or fault of any party or non-party.

Section 15-32-90.   The provisions of this chapter do not affect any right, privilege, or provision of the South Carolina Tort Claims Act as contained in Chapter 78, Title 15 of the 1976 Code of Laws of South Carolina or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56 of Title 33."

B.     Section 15-38-20(A) of the 1976 Code is amended to read:


Printed Page 948 . . . . . Wednesday, March 2, 2005

"(A)   Except as otherwise provided in this chapter, where two or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The question then was the adoption of the amendment.

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

Ayes 22; Nays 23

AYES

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

Total--22

NAYS

Anderson                  Drummond                  Ford
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leventis                  Lourie                    Malloy
Matthews                  McGill                    Patterson
Pinckney                  Rankin                    Reese
Setzler                   Sheheen                   Short
Thomas                    Williams

Total--23

Amendment No. 12A was not adopted.


Printed Page 949 . . . . . Wednesday, March 2, 2005

Pursuant to the motion by Senator McCONNELL, Senator MALLOY resumed speaking on Amendment No. 1.

RECESS

At 9:54 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed fifteen minutes.

At 10:22 P.M., the Senate resumed.

Senator MALLOY spoke on the amendment.

Rule 15A Failed

At 10:23 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 345.

Senator MALLOY spoke on the amendment.

At 10:41 P.M.,   the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 24

AYES

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

Total--21

NAYS

Anderson                  Drummond                  Elliott
Ford                      Hawkins                   Hutto
Jackson                   Knotts                    Land
Leventis                  Lourie                    Malloy
Matthews                  McGill                    Moore
Patterson                 Pinckney                  Rankin

Printed Page 950 . . . . . Wednesday, March 2, 2005

Reese                     Setzler                   Sheheen
Short                     Thomas                    Williams

Total--24

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

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

Senator MALLOY resumed speaking on the amendment.

Objection

At 10:59 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 345, and asked unanimous consent to make a motion to waive the provisions of Rule 15A requiring a fixed time of fifteen minutes prior to the vote being taken.

Senator MALLOY objected.

Rule 15A Failed

At 11:00 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 345.

Senator MALLOY spoke on the amendment.

Objection

With Senator MALLOY retaining the floor, Senator KNOTTS asked unanimous consent to make a motion that the Senate proceed to a consideration of the second reading of the Bill in lieu of a consideration of the amendments.

Senator RYBERG objected.

Senator MALLOY spoke on the amendment.

At 11:15 P.M.,   the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 19; Nays 26


Printed Page 951 . . . . . Wednesday, March 2, 2005

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hayes                     Leatherman                Martin
McConnell                 Mescher                   Peeler
Ritchie                   Scott                     Smith, J. Verne *
Verdin

Total--19

NAYS

Anderson                  Drummond                  Elliott
Hawkins                   Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Matthews
McGill                    Moore                     O'Dell
Patterson                 Pinckney                  Rankin
Reese                     Richardson                Ryberg
Setzler                   Sheheen                   Short
Thomas                    Williams

Total--26

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

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

Senator LEVENTIS moved that the Senate stand adjourned.

Point of Order

Senator MARTIN raised a Point of Order that the motion was out of order inasmuch as the motion required unanimous consent.

The PRESIDENT sustained the Point of Order.

Objection

Senator LEVENTIS asked unanimous consent to make a motion that the Senate stand adjourned.


Printed Page 952 . . . . . Wednesday, March 2, 2005

Senator MARTIN objected.

Senator MALLOY resumed speaking on the amendment.

OBJECTION

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


Printed Page 953 . . . . . Wednesday, March 2, 2005

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

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

Senator RYBERG objected.

The Senate resumed consideration of S. 345.

Senator MALLOY resumed speaking on Amendment No. 1.

On motion of Senator MARTIN, debate on S. 345 was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Minor Herndon Mickel of Greenville, S.C.

ADJOURNMENT

At 11:38 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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