South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Tuesday, February 4, 1997
(Statewide Session)

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

Beloved, hear again words of King David, in Psalm 34 (vv.11-13, 15):
"Come, O children, listen to me,
I will teach you the fear of the Lord.
Which of you desires life, and
covets many days to enjoy good?
Keep your tongue from evil, and
your lips from speaking deceit...
The eyes of the Lord are on the righteous..."
Let us pray.
O God, our Father, we remember that General MacArthur said on the deck of our ship in Tokyo Bay that basically the world's problems are not political... nor economic... nor social... but theological!
King David said it first, "Listen to me. I will teach you the fear of the Lord."
The wise man in Proverbs said it, "The fear of God is the beginning of wisdom."
The Man from Galilee said it in the sermon on the mount (Matt. 6:33):
"But strive first for the Kingdom of God... and all these things will be given to you as well."
Lord, help us learn!
Amen!

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

September 18, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, Dry Cleaning Advisory Council, with term to commence July 1, 1995, and to expire June 30, 1998:
Dry Clean Ind.:
Mr. Rick N. Osbon, Osbon Laundry & Cleaners, 136 Pendleton Street, S.W., Aiken, S.C. 29801-3862

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 6, 1997,
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 1997, and to expire June 30, 2001:
4th Congressional District:
Mr. William E. Walsh, Gaines, Walsh & Chapin, P.O. Box 5156, Spartanburg, S.C. 29304

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 9, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointments

Initial Appointment, Dry Cleaning Advisory Council, with term to commence July 1, 1995, and to expire June 30, 1997:
Banking:
Mr. E. Warner Wells, Senior Vice President, First Citizens Bank, P.O. Box 29, Columbia, S.C. 29202

Referred to the Committee on Medical Affairs.

Reappointment, Commission on Disabilities and Special Needs, with term to commence June 30, 1997, and to expire June 30, 2001:
3rd Congressional District:
Mrs. Emilie A. Towler, P.O. Box 1285, Aiken, S.C. 29802

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 10, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, Commission on Women, with term to commence October 18, 1997, and to expire October 18, 2001:
At-Large:
Ms. Susan B. Hoag, 115 Green Valley Drive, Greenville, S.C. 29609

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 20, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1996, and to expire March 21, 2001:
3rd Congressional District:
Herman G. Green, Ph.D., 3866 Six Mile Highway, Central, S.C. 29634
VICE Charles T. Battle

Referred to the Committee on Medical Affairs.

Doctor of the Day

Senator RYBERG introduced Dr. James Hill of Aiken, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 291 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES, SO AS TO PROVIDE THAT A STUDENT WHO HAS NOT PASSED AT LEAST FOUR ACADEMIC COURSES MAY PARTICIPATE IN AN INTERSCHOLASTIC ACTIVITY IF THE STUDENT NEEDS FEWER THAN FOUR UNITS TO RECEIVE A HIGH SCHOOL DIPLOMA AND THE STUDENT HAS PASSED ALL OF THE ACADEMIC COURSES WHICH HE HAS TAKEN DURING THE APPLICABLE SEMESTER.
Read the first time and referred to the Committee on Education.

S. 292 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-216 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT AND MAINTAIN CONCEALABLE WEAPON APPLICATION, RENEWAL, AND REPLACEMENT FEES FOR THE ADMINISTRATION OF THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996".
Read the first time and referred to the Committee on Finance.

S. 293 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO AUTHORIZE THE OFFICE OF THE SECRETARY OF STATE TO RETAIN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS IN A FISCAL YEAR OF CORPORATION AND UNIFORM COMMERCIAL CODE FILING FEES PAID TO THAT OFFICE TO BE EXPENDED FOR COMPUTER EQUIPMENT UPGRADES, MAINTENANCE, AND SOFTWARE FOR THE CORPORATE DIVISION'S COMPUTER SYSTEM, TO ALLOW THE CARRYFORWARD OF UNEXPENDED FEES TO THE SUCCEEDING FISCAL YEAR, AND TO PROVIDE THAT THIS PROVISION CONTINUES TO APPLY WITH RESPECT TO ANY SUCCESSOR AGENCY CHARGED WITH RECEIVING AND MAINTAINING THE CORPORATION AND UNIFORM COMMERCIAL CODE FILINGS REQUIRED BY LAW.
Read the first time and referred to the Committee on Finance.

S. 294 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-28 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE GREENWOOD WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 295 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 30-4-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO SPECIFY THAT CERTAIN PUBLIC EMPLOYEE RECORDS CONCERNING EVALUATIONS AND DISCIPLINARY MATTERS CANNOT BE EXEMPT FROM DISTRIBUTION ON THE BASIS IT WOULD CONSTITUTE AN UNREASONABLE INVASION OF PERSONAL PRIVACY.
Read the first time and referred to the Committee on Judiciary.

S. 296 (Word version) -- Senators McConnell, Ford and Rose: A BILL TO AMEND SECTION 30-4-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO SPECIFY THAT DOCUMENTS CONCERNING CONTRACTUAL ARRANGEMENTS OF SALES OR PROPOSED SALES OR PURCHASES OF PROPERTY MUST BE MADE AVAILABLE WHEN THE TRANSACTION TO WHICH THE DOCUMENTS RELATE IS AGREED UPON OR WHEN THE PROPOSED SALE OR PURCHASE IS NO LONGER WITHIN THE CONTEMPLATION OF THE PUBLIC BODY.
Read the first time and referred to the Committee on Judiciary.

S. 297 (Word version) -- Senators McConnell, Ford and Rose: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS DECLARED PUBLIC INFORMATION PURSUANT TO THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE REFERENCES TO VOTES AND TO MAKE MINUTES OF EXECUTIVE SESSION MEETINGS AVAILABLE TO THE PUBLIC NINETY DAYS AFTER THE MEETING.
Read the first time and referred to the Committee on Judiciary.

S. 298 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFORMATION DECLARED PUBLIC INFORMATION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DECLARE INFORMATION RELATING TO ANY CRIME OR ALLEGED CRIME CONTAINED IN REPORTS OTHER THAN INCIDENT REPORTS TO BE PUBLIC INFORMATION SUBJECT TO CERTAIN LIMITATIONS.
Read the first time and referred to the Committee on Judiciary.

S. 299 (Word version) -- Senators McConnell, Ford and Rose: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS THAT MAY BE CLOSED FROM THE PUBLIC PURSUANT TO THE FREEDOM OF INFORMATION ACT, SO AS TO SPECIFY THAT AN EXECUTIVE SESSION FOR RECEIPT OF LEGAL ADVICE IS PERMITTED ONLY WHEN THE LEGAL ADVICE RELATES TO A PENDING OR THREATENED CLAIM.
Read the first time and referred to the Committee on Judiciary.

S. 300 (Word version) -- Senators McConnell, Ford and Rose: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED MEETINGS OF PUBLIC BODIES, SO AS TO DEFINE THE TERM "SPECIFIC PURPOSE", TO DELETE THE DEFINITION OF "FORMAL ACTION", AND TO PROVIDE THAT MEMBERS OF PUBLIC BODIES MAY NOT COMMIT THE BODY TO A COURSE OF ACTION BY A VOTE OR BY POLLING OF MEMBERS IN EXECUTIVE SESSION.
Read the first time and referred to the Committee on Judiciary.

S. 301 (Word version) -- Senators McConnell, Ford and Rose: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINUTES OF MEETINGS OF PUBLIC BODIES, SO AS TO REQUIRE PUBLIC BODY EXECUTIVE SESSION MINUTES TO BE KEPT AND TO REQUIRE DISCLOSURE OF THESE MINUTES AFTER A SPECIFIED PERIOD OF TIME.
Read the first time and referred to the Committee on Judiciary.

S. 302 (Word version) -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-55, SO AS TO PROVIDE THAT IN CASES WHERE A PERSON RECEIVES SUFFICIENT WRITE-IN VOTES TO WIN AN ELECTION IN CONTRAVENTION OF THE CODE, THE CANDIDATE RECEIVING THE NEXT HIGHEST NUMBER OF VOTES MUST BE DECLARED THE WINNER; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO REQUIRE A CANDIDATE TO AFFIRM THAT, AS PART OF THE PLEDGE, IF THE CANDIDATE IS DEFEATED IN A PRIMARY OR ENSUING RUN-OFF, THAT CANDIDATE IS NOT ELIGIBLE TO SERVE IN THAT OFFICE AS THE RESULT OF WRITE-IN VOTES; TO AMEND SECTION 7-13-360, RELATING TO THE PLACE ON A BALLOT FOR WRITE-IN NAMES, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES, AND TO FURTHER REQUIRE THAT THE STATE ELECTION COMMISSION PRINT AND DISTRIBUTE NOTICES CONTAINING THIS INFORMATION TO BE DISPLAYED IN EACH POLLING PRECINCT ON ELECTION DAY; TO AMEND SECTION 7-13-1380, RELATING TO WRITE-IN VOTES, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES, AND TO FURTHER REQUIRE THAT THE STATE ELECTION COMMISSION PRINT AND DISTRIBUTE NOTICES CONTAINING THIS INFORMATION TO BE DISPLAYED IN EACH POLLING PRECINCT ON ELECTION DAY; TO AMEND SECTION 7-13-1850, RELATING TO WRITE-IN BALLOTS, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES; TO AMEND SECTION 7-15-200, RELATING TO THE FURNISHING OF ELECTION MATERIALS TO PERSONS REQUESTING ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THE INSTRUCTIONS MUST INCLUDE A STATEMENT THAT NO PERSON DEFEATED IN A PRIMARY OR ENSUING RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES; AND TO AMEND SECTION 7-15-400, RELATING TO SPECIAL WRITE-IN ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THESE BALLOTS BE ACCOMPANIED BY INSTRUCTIONS WHICH STATE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES.
Read the first time and referred to the Committee on Judiciary.

S. 303 (Word version) -- Senators Courtney and Land: A BILL TO AMEND SECTION 42-1-415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT IF A CONTRACTOR OR SUBCONTRACTOR HAS SO REPRESENTED HIMSELF AND THAT IF THAT EMPLOYER IS UNINSURED, REGARDLESS OF THE NUMBER OF EMPLOYEES THE EMPLOYER HAS, THE HIGHER TIER SUBCONTRACTOR, CONTRACTOR, PROJECT OWNER, OR HIS INSURANCE CARRIER SHALL IN THE FIRST INSTANCE PAY ALL AWARDS OF COMPENSATION AND MEDICAL BENEFITS.
Read the first time and referred to the Committee on Judiciary.

S. 304 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGERS OF ELECTION, SO AS TO PROVIDE THAT A PERSON SIXTEEN YEARS OF AGE OR OLDER WHO HAS COMPLETED A TRAINING PROGRAM PURSUANT TO SECTION 7-13-72 MAY BE APPOINTED AS A MANAGER OF ELECTION BY A COUNTY ELECTION COMMISSION.
Read the first time and referred to the Committee on Judiciary.

S. 305 (Word version) -- Senators Drummond, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1999, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED ONTO OTHER STATE CONSTITUTIONAL OFFICES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
Read the first time and referred to the Committee on Judiciary.

S. 306 (Word version) -- Senators Hayes, Alexander, Courson, Drummond, Fair, Giese, Gregory, Jackson, Lander, Leatherman, Martin, McGill, Mescher, O'Dell, Passailaigue, Peeler, Rose, Russell, Ryberg, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-287 BY ENACTING THE OMNIBUS HIGHWAY SAFETY ACT SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION OF OR IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO PROVIDE TESTING IN INCIDENTS IN WHICH A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE A DRIVER HAS CONSUMED ALCOHOLIC BEVERAGES OR A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC ONE-YEAR SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, TO REVISE THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON WHO REFUSES TO TAKE THE TESTS, AND TO MAKE TECHNICAL CHANGES.
Read the first time and referred to the Committee on Judiciary.

S. 307 (Word version) -- Senators Leatherman, Moore, J. Verne Smith, McConnell, Peeler, Thomas, Wilson, Russell, O'Dell, Rose, Hayes, Courtney, Gregory, Martin, Mescher, Ryberg, Waldrep, Alexander, Fair, Courson, Giese and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.
Read the first time and referred to the Committee on Medical Affairs.

S. 308 (Word version) -- Senators McGill, Lander, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Rose, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A BILL TO AMEND SECTION 56-2-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE BIENNIAL LICENSE PLATES AND REVALIDATION DECALS.
Read the first time and referred to the Committee on Transportation.

S. 309 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A WHOLESALER OR DEALER LICENSE AND CERTAIN INFORMATION A LICENSEE SHALL PROVIDE TO THE DEPARTMENT OF PUBLIC SAFETY IF THERE IS A CHANGE IN INFORMATION CONTAINED IN A LICENSE APPLICATION OR THE LICENSEE CEASES TO BE A DEALER OR WHOLESALER, SO AS TO REVISE THE CONDITIONS UPON WHICH THE BOND THAT ACCOMPANIES AN APPLICATION MUST BE BASED UPON, AND THE PERSONS WHO HAVE A RIGHT OF ACTION AGAINST THE BOND.
Read the first time and referred to the Committee on Transportation.

S. 310 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Read the first time and ordered placed on the Calendar without reference.

S. 311 (Word version) -- Senators McConnell, Passailaigue, Courtney, Patterson, Jackson, Matthews, Hayes, Reese and Rose: A CONCURRENT RESOLUTION PROVIDING FOR IMMEDIATE NOTIFICATION TO THE SENATE BANKING AND INSURANCE COMMITTEE, THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE, AND THE PROCUREMENT REVIEW PANEL OF CERTAIN LOSSES OF THE SOUTH CAROLINA REINSURANCE FACILITY.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 312 (Word version) -- Senators Wilson, Alexander, Cork, Courson, Courtney, Fair, Giese, Gregory, Hayes, Leatherman, Martin, McConnell, Mescher, Peeler, Ravenel, Rose, Russell, Ryberg, Thomas and Waldrep: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF FRANCES G. WANNAMAKER OF ST. MATTHEWS, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
The Senate Resolution was adopted.

S. 313 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HOLLAND CARTER BRELAND OF WEST COLUMBIA UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered sent to the House.

H. 3346 (Word version) -- Reps. Wilkins, Easterday, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE RICHARD J. (DICK) HERDKLOTZ, OUR DISTINGUISHED FORMER COLLEAGUE IN THE HOUSE OF REPRESENTATIVES, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 3347 (Word version) -- Reps. Baxley, Neilson and J. Hines: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE STATE OF SOUTH CAROLINA TO THE DESCENDANTS OF CARL MILTON MCKINNON AND HIS WIFE, ESSIE CARTER MCKINNON, OF DARLINGTON COUNTY, INCLUDING MRS. GWENDOLYN MCKINNON OLIVER, MRS. ELEANOR MCKINNON OLIVER (DECEASED), AND HER HUSBAND, CALDWELL HARDY OLIVER, SR., SEWALL KEMBLE OLIVER III, CALDWELL HARDY OLIVER, JR., AND MILTON MCKINNON OLIVER FOR THEIR GENEROSITY IN DONATING SUBSTANTIAL TRACTS OF LAND IN DARLINGTON COUNTY TO THE HERITAGE TRUST PROGRAM.
The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Funeral Directors Assn. to attend a reception at the Capital City Club on Tuesday, February 18, 1997, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose                      Washington

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Nursery Assn. to attend a breakfast at the Capital City Club on Wednesday, February 19, 1997, from 8:00 until 9:30 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose                      Washington

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Optometric Assn. to attend a reception at Embassy Suites on Wednesday, February 19, 1997, from 6:30 until 8:30 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose                      Washington

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Disability Organizations to Members - Piedmont and Pee Dee Regions to attend a drop-in at the Blatt Bldg. (208) on Thursday, February 20, 1997, from 8:30 until 11:00 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose                      Washington

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Society of Opthamology to attend a reception at the Capital City Club on Tuesday, February 25, 1997, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose                      Washington

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. School for the Deaf and Blind to attend a luncheon in the Blatt Bldg. (Rm. 221) on Wednesday, February 26, 1997, immediately upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose                      Washington

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Manufactured Housing Institute of S.C. to attend a reception at the Seibels House on Wednesday, February 26, 1997, from 6:30 until 8:30 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose                      Washington

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Low Income Housing Coalition to attend a drop-in at the Blatt Bldg. (Rm. 208) on Thursday, February 27, 1997, from 8:30 until 10:00 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose                      Washington

TOTAL--3

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

SECOND READING BILLS

The following Bills were read the second time:

S. 61 (Word version) -- Senator Holland: A BILL TO DISSOLVE THE COMMITTEE APPOINTED TO STUDY MANDATORY MINIMUM AND ALTERNATIVE SENTENCES CREATED BY THE CRIME BILL OF 1995.

S. 64 (Word version) -- Senator Holland: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED.

S. 76 (Word version) -- Senator Holland: A BILL RATIFYING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Senator COURTNEY explained the Bill.

S. 78 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE PARTNERSHIP; AND BY ADDING SECTION 39-5-37, SO AS TO DESIGNATE THE USE OF AN ASSUMED OR FICTITIOUS NAME TO INTENTIONALLY MISREPRESENT THE GEOGRAPHIC ORIGIN OR LOCATION OF ANY PERSON OR BUSINESS ENTITY AS AN UNLAWFUL TRADE PRACTICE.

S. 287 (Word version)--Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; AND ELIGIBILITY FOR POOL COVERAGE; AND TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT. (ABBREVIATED TITLE)
Senator McCONNELL explained the Bill.

S. 288 (Word version)--Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45, TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE. (ABBREVIATED TITLE)
Senator McCONNELL explained the Bill.

S. 262 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 56-3-7860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SHRINER LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT ONLY ONE PLATE MAY BE ISSUED TO A SHRINER.
Senator PEELER explained the Bill.

S. 262--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, S. 262 was ordered to receive a third reading on Wednesday, February 5, 1997.

CO-SPONSORSHIP ADDED

S. 262 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 56-3-7860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SHRINER LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT ONLY ONE PLATE MAY BE ISSUED TO A SHRINER.
On motion of Senator PEELER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor to the Bill.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 33 (Word version) -- Senators Cork, Rankin, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

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

The Judiciary Committee proposed the following amendment (JUD0033.022), which was adopted:
Amend the bill, as and if amended, page 3, line 20, as contained in SECTION 1, by adding a section to read:
/Section 61-6-2370.   In lieu of the punishment provided in Section 61-2-250 and notwithstanding any other provision of law, a person or qualified facility found guilty of violating the provisions of this subarticle is punishable by a civil fine of not less than one hundred dollars." /
Amend title to conform.

Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

AMENDED, READ THE SECOND TIME

S. 38 (Word version) -- Senators Land and Giese: A BILL TO AMEND SECTION 23-6-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE HIGHWAY PATROL DIVISION, AND STATE POLICE DIVISION AND THEIR DISTINCTIVE UNIFORMS AND EMBLEMS, SO AS TO REQUIRE THE HIGHWAY PATROL DIVISION TO TRANSFER THE SERVICE REVOLVER OF AN ACTIVE DUTY TROOPER KILLED IN THE LINE OF DUTY TO HIS SURVIVING SPOUSE AT NO CHARGE UPON REQUEST ONCE THE REVOLVER HAS BEEN RENDERED INOPERABLE.

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

The Judiciary Committee proposed the following amendment (JUD0038.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 28, in Section 23-6-100, as contained in SECTION 1, by striking subsection (E) in its entirety and inserting therein the following:
/"(E)   The South Carolina Highway Patrol Division shall transfer the service sidearm of an active duty trooper killed in the line of duty to the trooper's surviving spouse upon request at no charge once the sidearm has been rendered inoperable."/
Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

S. 45 (Word version) -- Senators Leventis, Waldrep, Rose, Ford and Holland: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.

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

The Judiciary Committee proposed the following amendment (JUD0045.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 26, in Section 16-17-510, as contained in SECTION 1, by striking lines 26 through 30 in their entirety and inserting therein the following:
/entice, or conspire to encourage or entice a child enrolled in the any public or private elementary or secondary schools school of this State from attendance in such public the school or school program or transport or provide transportation in aid to encourage or entice a child from attendance in any public or private elementary or secondary school or school program. /
Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

RECOMMITTED

S. 192 (Word version) -- Senators Holland, Giese and Rose: A BILL RATIFYING AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE; AND RATIFYING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.

Senator HOLLAND asked unanimous consent to recommit the Bill to the Committee on Judiciary.
There was no objection.

The Bill was recommitted to the Committee on Judiciary.

ADOPTED

H. 3264 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOSEPH J. FRANK, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 19, 1997.
Senators COURSON and DRUMMOND spoke on the Resolution.

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

CARRIED OVER

S. 195 (Word version) -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-13-1400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE RECORDERS, SO AS TO DELETE A PROVISION WHICH REQUIRES A POLL MANAGER TO FURNISH FOR EACH VOTE RECORDER A SEAL FOR SEALING THE VOTE RECORDER AFTER THE POLLS ARE CLOSED.
Senator WILSON spoke on the Bill.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

DEBATE INTERRUPTED

S. 254 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO ENACT THE REINSURANCE FACILITY AND RECOUPMENT FEES; TO REFORM THE STRUCTURE OF AUTOMOBILE INSURANCE. (ABBREVIATED TITLE)

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

Senator McCONNELL spoke on the Bill.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair at 1:13 P.M.

Senator McCONNELL continued speaking on the Bill.
Senator PASSAILAIGUE spoke on the Bill.

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

MOTION ADOPTED

On motion of Senators PASSAILAIGUE and GIESE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William F. "Buddy" Prioleau of Columbia, S.C.

ADJOURNMENT

At 1:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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