Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 a wonderful word for Holy Week. Hear Genesis 16:7:

"Now the Angel of the Lord found her by a spring of water in the wilderness - by the spring on the way."

Let us pray.

Father, we follow with our prayers our Secretary of State as she shudders about in the wilderness of the Middle East negotiating for peace! Lead her! Guide her in the tumult of our times and the conversions of human society!

We see Your hand moving in the processes of history - as You preside over our destiny.

In the words of Whittier we pray:

"Breathe through the pulses of desire

Thy coolness and Thy balm;

Let sense be dumb, let flesh retire;

Speak through the earthquake, wind and fire,

O still, small voice of calm!"
Amen!

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

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

Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2004, and to expire April 1, 2008

Pee Dee - Recipient/Donor/Family:

George P. Sawyer, Jr., Ph.D., Coker College, 300 East College Ave., Hartsville, S.C. 29550

Referred to the Committee on Medical Affairs.

The following was received and referred to the appropriate committee for consideration:

Document No. 2945
Agency: Department of Health and Environment Control
SUBJECT: Standards for Licensing Tattoo Facilities
Received by Lieutenant Governor March 17, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration July 15, 2005
(Subject to Sine Die Revision)

Senator LOURIE introduced Dr. Angus McBride of Columbia, S.C., Doctor of the Day.

At 12:20 P.M., Senator THOMAS requested a leave of absence from 12:45 P.M.- 2:00 P.M. today.

Senator PINCKNEY rose for an Expression of Personal Interest.

The following were introduced:

S. 639 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR INSURANCE PURPOSES, SO AS TO DEFINE THE TERMS "APPEAL", "HEARING", "PUBLIC HEARING", "PROCEEDING", "NOTICE", AND "REGULATION HEARING"; TO AMEND SECTION 38-2-10, RELATING TO ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT THE PENALTIES MAY BE ASSESSED ONLY AFTER A CONTESTED CASE HEARING AND TO REQUIRE NOTICE TO A VIOLATOR WHEN A CONTESTED CASE HEARING IS NOT REQUESTED BEFORE A PENALTY IS ASSESSED; TO AMEND SECTION 38-3-150, RELATING TO HEARINGS CONDUCTED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS AUTHORIZED AGENTS, SO AS TO CLARIFY THAT THE HEARINGS ARE CONTESTED CASE HEARINGS; TO AMEND SECTION 38-3-170, RELATING TO NOTICE OF THE HEARINGS, SO AS TO CLARIFY THAT THE HEARINGS ARE CONTESTED CASE HEARINGS AND TO PROVIDE THAT THEY ARE TO BE CONDUCTED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 23, TITLE 1; TO AMEND SECTION 38-3-210, RELATING TO APPEALS ORDERS OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT APPEALS ARE TO THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH ITS RULES OF PROCEDURE; TO AMEND SECTION 38-5-160, RELATING TO THE PROCEDURE FOR THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPLY FOR AN INJUNCTION, SO AS TO PROVIDE THAT THE DIRECTOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT FOR AN INJUNCTION; AND TO REPEAL SECTION 38-3-180 RELATING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE'S ABILITY TO SUMMON WITNESSES AND PUNISH FOR CONTEMPT.
l:\council\bills\ms\7349ahb05.doc

Read the first time and referred to the Committee on Banking and Insurance.

S. 640 (Word version) -- Senators Pinckney, Anderson, O'Dell, Malloy, Hutto, Reese, Patterson, Richardson, Matthews and Thomas: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE RATHER THAN ALLOW THE TAX ASSESSOR, COUNTY TREASURER, AND COUNTY AUDITOR TO DIVIDE A DIVISIBLE PARCEL OF REAL PROPERTY FOR PURPOSES OF THE DELINQUENT TAX SALE AND OFFER A PORTION OF THE PARCEL SUFFICIENT TO SATISFY THE PAYMENT OF THE TAXES, ASSESSMENTS, PENALTIES, AND COSTS.
l:\council\bills\ggs\22996htc05.doc

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

S. 641 (Word version) -- Senators Pinckney, Matthews, Richardson and Reese: A BILL TO AMEND SECTION 6-1-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALLOW A COUNTY IN WHICH LESS THAN NINE HUNDRED THOUSAND DOLLARS A YEAR IN STATE ACCOMMODATIONS TAX IS COLLECTED TO USE NOT MORE THAN FIFTY PERCENT OF THE PREVIOUS YEAR'S LOCAL ACCOMMODATIONS TAX REVENUES FOR THE OPERATIONS AND MAINTENANCE PURPOSES ALLOWED BY LAW IN COUNTIES MEETING THE NINE HUNDRED THOUSAND DOLLAR THRESHOLD.
l:\council\bills\ggs\22997htc05.doc

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

S. 642 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE, COPPER PIPE, COPPER BARS, OR COPPER SHEETING, SO AS TO INCLUDE ALUMINUM, BRASS, AND STAINLESS STEEL AND TO PROVIDE AN EXCEPTION.
l:\council\bills\ms\7372ahb05.doc

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

S. 643 (Word version) -- Senators Cleary, Bryant, Leventis, Short, Knotts, Alexander, J. Verne Smith, Ryberg, O'Dell, Leatherman, Ritchie, Scott, Elliott, McGill and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
l:\council\bills\ggs\22998htc05.doc

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

S. 644 (Word version) -- Senators Elliott, Ford, Matthews and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1175 SO AS TO ESTABLISH TIME LINES AND PROCEDURES FOR THE CIRCUIT COURT AND THE SUPREME COURT TO FOLLOW WHEN CONSIDERING ELECTION APPEALS.
l:\council\bills\gjk\20269sd05.doc

Senator ELLIOTT spoke on the Bill.

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

S. 645 (Word version) -- Senator Martin: A SENATE RESOLUTION TO HONOR AND COMMEND THE LATE MARY OATES GREGORIE FOR HER EXTRAORDINARY SERVICE AND LIFETIME COMMITMENT TO THE CITIZENS OF PICKENS COUNTY, SOUTH CAROLINA.
l:\s-res\lam\012mary.mrh.doc

The Senate Resolution was adopted.

S. 646 (Word version) -- Senators Courson, McConnell, Peeler, Verdin, Knotts, Moore and Setzler: A SENATE RESOLUTION TO RECOGNIZE AND TO CONGRATULATE MRS. ESTHER OWENS COPE OF AIKEN COUNTY, SOUTH CAROLINA, ON BEING ELECTED PRESIDENT GENERAL OF THE UNITED DAUGHTERS OF THE CONFEDERACY AND TO WISH HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.
l:\s-res\jec\007este.mrh.doc

The Senate Resolution was adopted.

On motion of Senator COURSON, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Mrs. Esther Cope, President General of The United Daughters of the Confederacy.

S. 647 (Word version) -- Senator Peeler: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE SENATE AT THE DEATH OF CHARLES RAY MAYNOR, SR. OF GAFFNEY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\s-res\hsp\003char.mrh.doc

The Senate Resolution was adopted.

S. 648 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE, HONOR, AND COMMEND ATLANTA FALCON'S FULLBACK JUSTIN GRIFFITH FOR HIS GRACIOUS COMMITMENT AND COMMUNITY CONCERN FOCUSING AND TOUCHING THE LIVES OF YOUNG PEOPLE WHILE SERVING AS A POSITIVE ROLE MODEL, AND EXTEND BEST WISHES FOR SUCCESS IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\swb\6430cm05.doc

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

S. 649 (Word version) -- Senator Leventis: A SENATE RESOLUTION TO RECOGNIZE MARCH 23 AS GREEK INDEPENDENCE DAY AND TO ACKNOWLEDGE THAT THE ANCIENT MACEDONIANS WERE HELLENES, AND THAT THE INHABITANTS OF MACEDONIA TODAY ARE HELLENIC DESCENDANTS AND PART OF THE NORTHERN PROVINCE OF GREECE, MACEDONIA.
l:\council\bills\ms\7374dw05.doc

Senator LEVENTIS spoke on the Resolution.

The Senate Resolution was adopted.

S. 650 (Word version) -- Senators Ford, Knotts, Mescher, Cromer, Courson, Pinckney, Sheheen, Williams and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-435 SO AS TO PROVIDE THAT A SEX OFFENDER WHO IS SERVING A PROBATIONARY SENTENCE MUST BE PLACED UNDER GLOBAL POSITIONING SYSTEM SATELLITE SURVEILLANCE CONTINUOUSLY FOR THE DURATION OF HIS PROBATIONARY SENTENCE BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.
l:\council\bills\swb\6434cm05.doc

Senator FORD spoke on the Bill.

Read the first time and referred to the Committee on Corrections and Penology.

S. 651 (Word version) -- Senator Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-11-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY SET ASIDE AND DEPOSIT IN ITS NAME A REVOLVING FUND FOR PAYMENT OF GOODS AND SERVICES AND A REVOLVING FUND FOR PAYMENT OF PERSONAL SERVICES, TO PROVIDE THAT PAYMENTS FROM THESE FUNDS MUST BE RESTORED TO THE FUNDS BY VOUCHERS DRAWN ON THE COMPTROLLER GENERAL AGAINST THE STATE HIGHWAY FUND; BY ADDING SECTION 57-11-30 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST SUBMIT ITS ANNUAL AUDITED FINANCIAL STATEMENTS FOR INCLUSION IN THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT ON A CERTAIN DATE, TO PROVIDE A PENALTY IF THE AUDITED FINANCIAL STATEMENTS ARE NOT SUBMITTED BY THE DUE DATE, TO PROVIDE THAT THE COMPTROLLER GENERAL AND STATE AUDITOR SHALL REPORT ON THE STATUS OF ANY DELINQUENT SUBMISSIONS OF FINANCIAL STATEMENTS TO THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PENALTY MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 11-35-45, AS AMENDED, RELATING TO PAYMENT FOR GOODS AND SERVICES RECEIVED BY THE STATE, SO AS TO PROVIDE THE PROCEDURE THAT THE DEPARTMENT OF TRANSPORTATION MUST FOLLOW WHEN PAYING FOR GOODS AND SERVICES IT RECEIVES; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, THE FEDERAL AID HIGHWAY FUND, AND THE PAYMENT OF GOODS AND SERVICES BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PROCEDURE FOR PAYMENT OF GOODS AND SERVICES BY THE DEPARTMENT OF TRANSPORTATION.
l:\council\bills\swb\6413cm05.doc

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

S. 652 (Word version) -- Senators Richardson and Ritchie: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF PUBLIC CONVEYANCE AND NECESSITY IN REGARD TO TELEPHONE UTILITIES AND THE SOUTH CAROLINA UNIVERSAL SERVICE FUND AND THE INTERIM LEC FUND, SO AS TO REVISE THE OPERATION OF THE UNIVERSAL SERVICE FUND, THE PARTICIPANTS IN THE FUND, THE CONTRIBUTIONS TO THE FUND, AND THE MANNER IN WHICH IT IS ADMINISTERED, AND TO PROVIDE THAT THE INTERIM LEC FUND SHALL BE TERMINATED WITHIN ONE YEAR AND TO PERMIT THE ADJUSTMENT OF TELEPHONE RATES FOR BASIC LOCAL EXCHANGE SERVICE IN ORDER TO PERMIT INCUMBENT LOCAL EXCHANGE CARRIERS TO RECOVER REVENUES LOST FROM THE CESSATION OF DISTRIBUTIONS FROM THE INTERIM LEC FUND.
l:\council\bills\gjk\20346sd05.doc

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

S. 653 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GERVAIS STREET FROM ITS INTERSECTION WITH HARDEN STREET TO ITS INTERSECTION WITH MILLWOOD AVENUE IN THE CITY OF COLUMBIA "LIEUTENANT PHILLIP G. SCHLATTERER MEMORIAL STREET" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF GERVAIS STREET THAT CONTAIN THE WORDS "LIEUTENANT PHILLIP G. SCHLATTERER MEMORIAL STREET".
l:\council\bills\swb\6435cm05.doc

Senator KNOTTS spoke on the Resolution.

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

S. 654 (Word version) -- Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, CONDITIONS PLACED ON, AND FORFEITURE OF A FIREARMS RETAIL DEALER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A RECORD TO BE MADE OF EVERY PISTOL SOLD ON A FIREARM TRANSACTION RECORD FORM, TO DELETE THE PROVISION THAT REQUIRES A DEALER TO MAKE AVAILABLE FOR INSPECTION BY THE STATE LAW ENFORCEMENT DIVISION ALL RECORDS HE IS REQUIRED TO MAINTAIN, AND TO DELETE THE PROVISION THAT PENALIZES A LICENSED DEALER FOR GIVING FALSE INFORMATION ON AN APPLICATION FOR PURCHASE OR TRANSFER OF A FIREARM.
1:\council\bills\swb\6432cm05.doc

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

S. 655 (Word version) -- Senators McConnell and Campsen: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT THE LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL IN CHARLESTON COUNTY MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL IN CHARLESTON COUNTY MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY RECEIVE A LAURA BROWN FUND GRANT.
l:\council\bills\pt\2477sj05.doc

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

H. 3778 (Word version) -- Reps. Harrison, Wilkins, Cato, W. D. Smith, Merrill, Jennings, J. E. Smith and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT; TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE USE, SALE, OR POSSESSION OF ALCOHOL OR ILLEGAL OR ILLICIT DRUGS.

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

Columbia, S.C., March 16, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3373 (Word version) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
asks for a Committee of Conference, and has appointed Reps. D. Smith, Tally and Lee to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3373 (Word version) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Whereupon, Senators RICHARDSON, RITCHIE and LOURIE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

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

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3246 (Word version) -- Reps. Duncan, Taylor and M.A. Pitts: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AS A BIRD SANCTUARY THE GROUNDS OF THE PRESBYTERIAN HOME OF SOUTH CAROLINA LOCATED ON HIGHWAY 56 IN THE TOWN OF CLINTON IN LAURENS COUNTY.

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

S. 629 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 535 (Word version) -- Senators Hutto, Moore, Ryberg, Richardson and Pinckney: A BILL TO AMEND SECTION 50-13-237, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HARVEST OF STRIPED BASS AND STRIPED BASS HYBRIDS IN PORTIONS OF THE SAVANNAH RIVER, SO AS TO MAKE IT UNLAWFUL TO POSSESS MORE THAN TWO STRIPED BASS, STRIPED BASS HYBRIDS, WHITE BASS, OR ANY COMBINATION OF THESE SPECIES IN CERTAIN PORTIONS OF THE SAVANNAH RIVER AND TO PROVIDE THAT ANY LAWFUL POSSESSED FISH OF EACH OF THESE SPECIES MUST BE A MINIMUM OF TWENTY-SEVEN INCHES IN TOTAL LENGTH; AND TO REPEAL SECTION 50-13-120 RELATING TO NO SIZE LIMITS ON CERTAIN FRESH WATER FISH.

S. 491 (Word version) -- Senators McConnell, Martin and Ford: A BILL TO AMEND SECTION 42-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO TIE THE MAXIMUM SALARY PAID TO THE ADMINISTRATIVE DIRECTOR TO THE SALARY PAID TO COMMISSIONERS INSTEAD OF CIRCUIT JUDGES.

S. 403 (Word version) -- Senators Sheheen and Malloy: A BILL TO AMEND SECTION 59-150-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF A LOTTERY TICKET OR SHARE TO A MINOR, SO AS TO ALLOW THE COURT THE DISCRETION TO REDUCE THE FINE OR GIVE A WARNING UPON CONVICTION FOR A FIRST OFFENSE OF VIOLATING THE PROVISIONS.

S. 293 (Word version) -- Senators Hayes and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER EMPLOYED BY A NEIGHBORING STATE TO ENTER SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON WHO IS IN FLIGHT FROM THE COMMISSION OF A CRIMINAL OFFENSE IN THE NEIGHBORING STATE AND TO ARREST THE PERSON, TO PROVIDE FOR A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE ARRESTED PERSON, AND TO PROVIDE THAT THIS SECTION APPLIES ONLY TO LAW ENFORCEMENT OFFICERS EMPLOYED BY A NEIGHBORING STATE WHEN HIS STATE HAS ENACTED A PROVISION SIMILAR TO THIS SECTION RELATING TO THE ARREST AND CUSTODY OF A PERSON PURSUED INTO A NEIGHBORING STATE.

S. 259 (Word version) -- Senators Fair, Martin, Bryant, Malloy, Cromer, Campsen and Knotts: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO PROVIDE THAT THESE CREDITS MAY BE FORFEITED IF AN INMATE HAS SUBMITTED REPETITIVE CLAIMS PERTAINING TO HIS INCARCERATION OR APPREHENSION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.

On motion of Senator ANDERSON, with unanimous consent, the name of Senator ANDERSON was added as a co-sponsor of S. 259.

H. 3783 (Word version) -- Reps. Phillips and Wilkins: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 27, 2005, IMMEDIATELY BEFORE THE FOLK HERITAGE AWARDS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2005, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

S. 422 (Word version) -- Senators McConnell, Hayes and Campsen: A BILL TO AMEND ARTICLE 7, TITLE 62 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUST ADMINISTRATION, SO AS TO ENACT THE UNIFORM TRUST CODE BY PROVIDING A COMPREHENSIVE CODIFICATION OR RECODIFICATION OF MUCH OF EXISTING TRUST LAW AND SUPPLEMENTING EXISTING COMMON LAW UNLESS THE CODE SPECIFICALLY CONTRADICTS IT, AND PROVIDING, AMONG OTHER THINGS, FOR GENERAL PROVISIONS AND DEFINITIONS INCLUDING A DEFINITION FOR "QUALIFIED BENEFICIARY" AND AN APPLICATION OF THE STATE'S WILL CONSTRUCTION RULES TO THE CONSTRUCTION OF TRUSTS WHEN APPROPRIATE; FOR JUDICIAL PROCEEDINGS AND REPRESENTATION BY OTHERS, ESSENTIALLY RECODIFYING EXISTING VENUE, JURISDICTION, AND REPRESENTATION PROVISIONS; FOR THE RULES FOR CREATION OF TRUSTS INCLUDING THAT A SELF-SETTLED TRUST MUST BE IN WRITING, THAT A TRUST PURPOSE BE LAWFUL AND ACHIEVABLE, THAT A VALID NONCHARITABLE TRUST MAY BE CREATED WITHOUT DEFINITE BENEFICIARIES IN ONLY CERTAIN INSTANCES, THAT AN EARLY TERMINATION OR MODIFICATION OF A NONAMENDABLE IRREVOCABLE TRUST REQUIRES COURT APPROVAL, THAT A COURT MAY MODIFY THE ADMINISTRATIVE OR DISPOSITIVE PROVISIONS OF A TRUST, AND THAT A TRUST MAY BE TERMINATED IF IT CANNOT JUSTIFY ITS ADMINISTRATIVE COSTS, MODIFIED TO ACCOMPLISH THE SETTLOR'S TAX OBJECTIVES, OR DIVIDED OR COMBINED WITH OTHERS TO FACILITATE ADMINISTRATION; FOR RETENTION OF THE ABILITY OF THE SETTLOR'S CREDITORS TO REACH THE TRUST PROPERTY IN A TRUST; FOR THE VALIDITY SPENDTHRIFT PROVISION EXCEPT AS TO CHILD SUPPORT AND PROTECTION OF THE SPECIAL NEEDS TRUST; FOR THE PRESUMED REVOCABILITY INSTEAD OF IRREVOCABILITY OF A TRUST, CLARIFICATION OF THE MENTAL CAPACITY FOR CREATING A REVOCABLE TRUST, AND A STATUTE OF LIMITATIONS FOR CONTESTING A REVOCABLE TRUST; AND FOR RULES FOR THE OFFICE OF TRUSTEE, INCLUDING RESIGNATION AND REMOVAL, DUTIES AND POWERS OF TRUSTEES, INCLUDING THE ESSENCE OF SOUTH CAROLINA'S UNIFORM TRUSTEES POWERS ACT AND THE UNIFORM PRUDENT INVESTORS ACT, ADDING A BROADER TRUSTEE POWER AND A STANDARD OF CARE FOR TRUSTEE MATTERS IN ADDITION TO INVESTMENT AND MANAGEMENT, AND THE UNIFORM PRINCIPAL AND INCOME ACT GOVERNING FIDUCIARY ACCOUNTING PRINCIPALS, SUBSTANTIAL RETENTION OF EXISTING LAW CONCERNING LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH THEM, AND APPLICATION OF THESE PROVISIONS TO EXISTING RELATIONSHIPS; TO AMEND SECTION 27-6-50, RELATING TO EXCEPTIONS TO THE RULE AGAINST PERPETUITIES, SECTION 33-31-152, RELATING TO RIGHTS OF STATES AS TO CORPORATIONS, SECTION 34-15-10, AS AMENDED, RELATING TO A BANK ACTING AS FIDUCIARY, SECTION 62-3-703, RELATING TO GENERAL DUTIES OF A PERSONAL REPRESENTATIVE, SECTION 62-3-913, RELATING TO DISTRIBUTION BY A PERSONAL REPRESENTATIVE TO A TRUSTEE, AND SECTION 62-5-417, RELATING TO THE GENERAL DUTY OF A CONSERVATOR, ALL SO AS TO AMEND CROSS REFERENCES TO CONFORM TO THIS ACT; AND TO REPEAL SECTION 27-5-70.

On motion of Senator SETZLER, the Bill was carried over.

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

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.

The House returned the Bill with amendments.

On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 80 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, Verdin, Alexander, Gregory, Grooms and Richardson: A BILL TO PROVIDE FOR THE RESTRUCTURING OF CERTAIN ADMINISTRATIVE DEPARTMENTS AND CABINET AGENCIES. (ABBREVIATED TITLE)

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

Senator MARTIN explained the Bill.

Senators McCONNELL and MARTIN proposed the following Amendment No. P-1 (JUD0080.004):

Amend the committee report, as and if amended, page [80-26], by striking line 14 in its entirety and inserting:

/   not assess any rent, additional rent, energy surcharges, or Internet or Metronet service charges to the     /

Amend the committee report further, as and if amended, page [80-28], by striking line 19 in its entirety and inserting:

/   additional rent, energy surcharges, or Internet or Metronet service charges to the General Assembly, the     /

Amend the committee report further, as and if amended, page [80-38], after line 25, by adding an appropriately numbered new SECTION to read:

/   SECTION ___.   Section 2-7-71 of the 1976 Code is amended to read:

"Section 2-7-71.   When a bill relating to state taxes is reported out of a standing committee of the Senate or House of Representatives for consideration, there must be attached and printed as a part of the committee report a statement of the estimated revenue impact of the bill on the finances of the State certified by the Board of Economic Advisors Economic Research Section of the Office of Research and Statistics of the Budget and Control Board. As used in this section `statement of estimated revenue impact' means the consensus of the persons executing the required statement as to the increase or decrease in the net tax revenue to the State if the bill concerned is enacted by the General Assembly. In preparing a statement, the Board of Economic Advisors Economic Research Section of the Office of Research and Statistics of the Budget and Control Board may request technical advice of the Department of Revenue."     /

Amend the committee report further, as and if amended, page [80-43], by striking lines 7 through 16 and inserting:

/   forth in each of the following codes: The Standard International Building Code, The Standard International Existing Building Code, The Standard International Gas Code, The Standard International Mechanical Code, The Standard International Plumbing Code, and The Standard International Fire Prevention Code, all as adopted published by the Southern Building Code Congress International Code Council, Inc.; and the National Electrical Code NFPA 70, The National Electrical Safety Code-ANSI-C2, The National Fire Protection Association Standard-NFPA 59, all with the code editions, revision years, and deletions as specified in the Manual For Planning and Execution of State Permanent Improvements. The State Engineer shall/

Amend the committee report further, as and if amended, page [80-78], lines 25-43, by striking Section 1-11-1315 in its entirety (all of pg. [80-79] and on pg. [80-80, lines 1-13]) and inserting:

/Section 1-11-1315.   As used in this article:

(1)   'Advisory Council' means the South Carolina Information Technology Advisory Council as established in this article.

(2)   'Board' means the State Budget and Control Board.

(3)   'Exempted state agency' means the Department of Transportation, the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, and the state's four-year public colleges and universities.

(4)   'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive branch. Governmental body does not mean the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; the Office of Legislative Printing, Information and Technology Systems; the South Carolina Public Service Authority; the South Carolina State Ports Authority; the Department of Transportation; the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, and the state's four-year public colleges and universities; and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.

(5)   'Immediate family' means a person who is:

(a)   a spouse;

(b)   a child residing in the same household; or

(c)   claimed as a dependent for income tax purpose.

(6)   'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to these, and consulting or other services for design or redesign of information technology supporting business processes.

(7)   'Information technology vendor' means a person or entity who provides or proposes to provide information technology goods or services in excess of an aggregate amount of four hundred thousand dollars to the office pursuant to a procurement contract or contracts for one or more projects within a fiscal year, but does not include an employee of the office, a state agency, or an instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.

(8)   'Office' means the Office of the State Chief Information Officer.

(9)   'Other state entity' means the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, State Senate or State House of Representatives; the Judicial Branch; the Legislative Council; the Office of Legislative Printing, Information and Technology Systems; the South Carolina Public Service Authority; the South Carolina State Ports Authority; or any other state agency or department that is not a political subdivision or is not included in the definitions of a governmental body or exempted state agency.

(10)   'Political subdivision' means the counties, municipalities, school districts, special purpose districts, special service districts, commissioners of public works, and any other local governmental authority, board, commission, agency, department, or political body.

(11)   'Telecommunications' means the provision, transmission, conveyance, or routing of voice, data, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, or other medium or method now in existence or devised after this article takes effect. Telecommunications includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, cable services, and mobile telecommunications services, and includes all facilities and equipment performing these functions.   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

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

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. D. E. Randall of Warrenville, S.C., beloved uncle of Senator Moore.

At 1:30 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.

This web page was last updated on Wednesday, June 24, 2009 at 1:18 P.M.