South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

WEDNESDAY, MARCH 8, 1995

Wednesday, March 8, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear an interesting passage from the ancient Book of First Samuel, (NRSV) (3:1,10):

"Now the boy Samuel was ministering to

the Lord under Eli. The word of the Lord was

rare in those days, visions were not

widespread..."

"Then the Lord said to Samuel, 'See, I am

about to do something in Israel that will

make both ears of anyone who hears it

tingle'..."
Let us pray.

Dear Lord, we, too, live in a day when the Word of the Lord is rare and spiritual visions are not widespread.

Help us to realize Your eminence in our world of affairs that we may be so attuned to Your Spirit that we may hear in our day words comparable to the words heard by Samuel, "See, I am about to do something in Israel that will make both ears of anyone who hears of it tingle!"

Amen!

Point of Quorum

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 J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Bryan                     Cork
Courson                   Courtney                  Drummond
Elliott                   Ford                      Giese
Glover                    Gregory                   Hayes
Holland                   Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Richter
Rose                      Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, J.V.               Stilwell                  Thomas
Waldrep                   Washington                Williams
Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senator McGILL recorded his presence subsequent to the Call of the Senate.

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

February 23, 1995
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, Insurance Commission, with term to commence June 30, 1994, and to expire June 30, 2000:

3rd Congressional District:

Mr. William L. Lawless, 2114 Easley Highway, Piedmont, S.C. 29673 VICE Joab M. Anderson

Referred to the Committee on Banking and Insurance.

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

March 2, 1995
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

Local Appointments

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable John Cecil Moore, Jr., P.O. Box 321, North, S.C. 29112

Received as information.

Reappointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Donald S. Tennyson, Sr., 1225 Twin Lakes Road, Rock Hill, S.C. 29732

Received as information.

Reappointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Alfred W. Flynn, P.O. Box 485, Williston, S.C. 29583

Received as information.

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

March 3, 1995
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

Reappointment, Board of Financial Institutions, with term to commence June 30, 1993, and to expire June 30, 1997:

Consumer Financial Institution:

Mrs. Ruth B. Looper, 5 Saluda Lake Circle, Greenville, S.C. 29611

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

5th Congressional District:

Ms. Stella G. Williams, 2006 Emma Circle, Lancaster, S.C. 29720 VICE Robert Bell

Referred to the General Committee.

Local Appointment

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Vernetha G. Glenn, P.O. Box 675, Santee, S.C. 29142

Received as information.

ACTING PRESIDENT PRESIDES

At 11:15 A.M., Senator LAND assumed the Chair.

VETO OVERRIDDEN

(R2) S. 278 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 7, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 278, R. 2, an Act:
TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

This veto is based upon an informal opinion of the Attorney General's Office dated March 6, 1995. The opinion states:

The act bearing ratification number 2 of 1995 would amend Act No. 1093 of 1966, relating to the Goose Creek Park and Playground Commission so as to change the name of the commission to the Goose Creek Recreation Commission. A review of the relevant acts shows that the commission is located wholly within Berkeley County. Thus, R.2 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to R-2 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

For the above reasons, I am returning S. 278, R. 2, without my signature.

Sincerely,
David M. Beasley
Governor

The veto of the Governor was taken up for immediate consideration.

Senator MESCHER moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Ayes 45; Nays 0

AYES

Alexander                 Bryan                     Cork
Courson                   Courtney                  Drummond
Elliott                   Ford                      Giese
Glover                    Gregory                   Hayes
Holland                   Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Reese
Richter                   Rose                      Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, G.                 Smith, J.V.
Stilwell                  Thomas                    Waldrep
Washington                Williams                  Wilson

TOTAL--45

NAYS

TOTAL--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Doctor of the Day

Senator GIESE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.

Point of Personal Privilege

Senator RICHTER rose to a Point of Personal Privilege.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 610 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-100 SO AS TO PROHIBIT A GOVERNMENTAL ENTITY FROM SELLING AN AGRICULTURAL OR HORTICULTURAL PRODUCT, DEFINE TERMS, AND PROVIDE EXCEPTIONS.

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

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

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

S. 612 -- Senators McConnell, Cork and Elliott: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE ADMISSIONS TAX AND THE EXEMPTIONS THEREFROM, SO AS TO EXEMPT ANNUAL OR MONTHLY FEES OR DUES PAID TO NONPROFIT AND FOR-PROFIT COUNTRY CLUBS, AND TO DEFINE THE TERM COUNTRY CLUB FOR THIS PURPOSE.

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

S. 613 -- Senator McConnell: A BILL TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF THE 2.66 CENTS A GALLON GASOLINE TAX, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND IN THE STATE TREASURY MUST BE CREDITED TO THE STATE HIGHWAY FUND.

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

S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 615 -- Senators Moore, Land, Washington, Elliott, Short, Lander, Leventis, Rankin and Reese: A BILL TO ENACT THE SOUTH CAROLINA WELFARE REFORM AND RESPONSIBILITY ACT OF 1995 SO AS TO ESTABLISH THE STATE WELFARE POLICY; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO APPLY TO THE FEDERAL GOVERNMENT FOR AFDC RECIPIENTS WAIVERS TO ALLOW IMPOSITION OF SANCTIONS FOR CLIENT NONCOMPLIANCE; TO REQUIRE AFDC CLIENTS TO ENTER INTO AGREEMENTS WITH THE DEPARTMENT OF SOCIAL SERVICES IN ORDER TO RECEIVE BENEFITS; TO DIRECT ALL APPLICABLE STATE AGENCIES TO FORM COMMUNITY WORK GROUPS TO REDUCE WELFARE DEPENDENCY; TO DIRECT THE EMPLOYMENT SECURITY COMMISSION TO DESIGNATE A SEPARATE DIVISION AT ALL LOCAL LEVELS TO DEAL EXCLUSIVELY WITH WELFARE RECIPIENTS IN SECURING LONG-TERM EMPLOYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1280 SO AS TO PROVIDE TAX CREDITS TO BUSINESSES AND INDIVIDUAL TAXPAYERS WHO HIRE OR ASSIST IN SECURING EMPLOYMENT FOR WELFARE RECIPIENTS; TO INITIATE STRATEGIES DIRECTED AT PREVENTIVE HEALTH SERVICES INCLUDING TEENAGE PREGNANCY PREVENTION, PRENATAL CARE, CHILDHOOD IMMUNIZATIONS, SUBSTANCE ABUSE INTERVENTION, AND ACCESS TO CLINIC SERVICES; TO REQUIRE COMPULSORY SCHOOL ATTENDANCE THROUGH AGE EIGHTEEN FOR ALL AFDC RECIPIENTS; TO DEVELOP A PROGRAM TO PROMOTE STATE AGENCY HIRING OF AFDC RECIPIENTS; TO LIMIT AFDC ASSISTANCE TO THIRTY-SIX MONTHS AND TO PROVIDE EXCEPTIONS; TO REQUIRE AFDC RECIPIENTS TO ATTAIN JOB TRAINING GOALS AS ESTABLISHED BY COLLABORATIVE EFFORTS BETWEEN THE DEPARTMENT OF SOCIAL SERVICES AND THE EMPLOYMENT SECURITY COMMISSION; TO DIRECT ALL APPLICABLE STATE AGENCIES TO REVIEW, REVISE, AND DEVELOP EFFICIENT AND EFFECTIVE ADMINISTRATIVE PROCEDURES INCLUDING THE SIMPLIFICATION OF PUBLIC ASSISTANCE FORMS, PROCUREMENT PROCEDURES, ELIGIBILITY DETERMINATIONS, ACCESS TO CHILD DAY CARE SERVICES, AND ENHANCED UTILIZATION OF COMPUTER TECHNOLOGY FOR SHARING AMONG MULTIPLE AGENCIES; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-937 SO AS TO REQUIRE THE PATERNAL PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE, WITH EXCEPTIONS; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REQUIRE AFDC RECIPIENTS TO ENTER AN ALCOHOL OR SUBSTANCE ABUSE PROGRAM UNDER CERTAIN CONDITIONS; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY.

Read the first time and referred to the General Committee.

S. 616 -- Senator Giese: A BILL TO REPEAL SECTIONS 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND EXEMPTING GOVERNMENTAL BODIES FROM PURCHASING CERTAIN ITEMS, 24-3-330, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY STATE AGENCIES AND POLITICAL SUBDIVISIONS, AND 24-3-360, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR.

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

S. 617 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-4410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCUREMENT REVIEW PANEL, SO AS TO DECREASE THE PANEL FROM EIGHT TO SEVEN MEMBERS AND MAKE A CORRESPONDING REDUCTION IN THE NUMBER OF MEMBERS NECESSARY TO CONSTITUTE A QUORUM.

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

S. 618 -- Senators Giese and Courson: A BILL TO ABOLISH THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION AND TRANSFER ITS RESPONSIBILITIES TO THE DEPARTMENT'S DIRECTOR; TO AMEND SECTION 57-1-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND THE RESPONSIBILITIES OF THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE THE GOVERNOR TO APPOINT AND REMOVE THE DIRECTOR; AND TO REPEAL ARTICLE 3, CHAPTER 1 OF TITLE 57, RELATING TO THE ESTABLISHMENT AND DUTIES OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION.

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

S. 619 -- Senator Richter: A BILL TO AMEND SECTIONS 23-3-410 AND 23-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION AND REGULATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-3-430, RELATING TO PARTICULAR CONVICTIONS WHICH RENDER A PERSON A "SEX OFFENDER", SO AS TO PROVIDE THAT A PERSON WHO REMAINS IN THIS STATE FOR THIRTY DAYS IS A RESIDENT; TO AMEND SECTION 23-3-450, RELATING TO REGISTRATION WITH THE COUNTY SHERIFF, SO AS TO AUTHORIZE THE COUNTY SHERIFF TO ESTABLISH SPECIFIC TIMES OF THE DAY DURING WHICH AN OFFENDER MAY REGISTER; TO AMEND SECTION 23-3-460, RELATING TO THE LIFETIME ANNUAL REGISTRATION BY AN OFFENDER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-3-470, RELATING TO THE PENALTIES FOR FAILURE TO REGISTER, SO AS TO REVISE THE PENALTIES; AND TO AMEND SECTION 23-3-480, RELATING TO NOTICE OF THE DUTY TO REGISTER, SO AS TO PROVIDE THAT A PERSON CONVICTED OF AN OFFENSE PROVIDED IN SECTION 23-3-420 PRIOR TO JULY 1, 1994, AND WHO WAS RELEASED FROM CUSTODY PRIOR TO JULY 1, 1994, DOES NOT HAVE TO REGISTER UNLESS THE PERSON HAS BEEN SERVED NOTICE OF THE DUTY TO REGISTER BY THE SHERIFF OF THE COUNTY IN WHICH THE PERSON RESIDES, IN WHICH CASE SUCH PERSON SHALL REGISTER WITHIN TEN DAYS OF SUCH NOTIFICATION OF THE DUTY TO REGISTER.

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

S. 620 -- Senator Wilson: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT INCLUDING AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED AND EXCEPTIONS TO THIS PROVISION, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY TO WRECKER SERVICES AND PRIVATE DETECTIVE AGENCIES.

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

S. 621 -- Senators Hayes and Waldrep: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTY FOR A DRIVER WHO LEAVES THE SCENE OF AN ACCIDENT WHEN DEATH OR GREAT BODILY INJURY OCCURS; AND TO AMEND SECTION 56-5-1220, RELATING TO DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO AN ATTENDED VEHICLE, SO AS TO INCREASE THE PENALTY FOR A DRIVER WHO LEAVES THE SCENE OF AN ACCIDENT WHEN AN ATTENDED VEHICLE IS DAMAGED.

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

S. 622 -- Senators Hayes and Waldrep: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

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

S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR TO-HIRE AVIATION CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator WILLIAMS spoke on the Joint Resolution.

Read the first time and ordered placed on the Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator COURTNEY, S. 623 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 624 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO APPLICATIONS FOR SELF-INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1842, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

Read the first time and ordered placed on the Calendar without reference.

S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEE

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

S. 207 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.

Ordered for consideration tomorrow.

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

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.

Ordered for consideration tomorrow.

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

S. 317 -- Senator Elliott: A BILL TO AMEND SECTION 23-28-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS, SO AS TO REVISE THE DEFINITION OF "RESERVES" AND "CHIEFS"; TO AMEND SECTION 23-28-20, RELATING TO THE APPOINTMENT AND DUTIES OF RESERVE POLICE OFFICERS, SO AS TO REVISE A CHIEF'S APPOINTMENT POWERS; TO AMEND SECTION 23-28-30, RELATING TO RESERVE POLICE OFFICER TRAINING COURSES, SO AS TO REQUIRE RESERVE POLICE OFFICERS TO COMPLETE THE BASIC CORRECTIONAL OFFICER TRAINING COURSE BEFORE ASSUMING CORRECTIONAL DUTIES; AND TO AMEND SECTION 23-28-40, RELATING TO RESERVE OFFICER TRAINING, SO AS TO REDUCE THE NUMBER OF HOURS OF PRELIMINARY TRAINING.

Ordered for consideration tomorrow.

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

S. 321 -- Senator Washington: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT AN ILLUSTRATION OR A MECHANICAL MODEL MAY BE USED TO DEMONSTRATE THE MANNER OF VOTING ON THE MACHINE.

Ordered for consideration tomorrow.

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

S. 340 -- Senator Elliott: A CONCURRENT RESOLUTION URGING THE CONGRESSIONAL DELEGATION OF THIS STATE TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION, FOR RATIFICATION BY THE STATES, SPECIFYING THAT CONGRESS AND THE STATES SHALL HAVE THE POWER, CONSISTENT WITH THE AMERICAN LEGAL SYSTEM OF FREEDOM OF EXPRESSION, TO PROHIBIT WANTON DESTRUCTION OF THE FLAG OF THE UNITED STATES OF AMERICA.

Ordered for consideration tomorrow.

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

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT BE HELD IN A SPECIAL ELECTION AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

Ordered for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 98 -- Senators Washington, Leventis, Rose, Wilson, Elliott and O'Dell: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.

Senator HAYES explained the Bill.

ACTING PRESIDENT PRESIDES

At 11:45 A.M., Senator J. VERNE SMITH assumed the Chair.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

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

The Transportation Committee proposed the following amendment (DKA\3718CM.95), which was adopted:

Amend the bill, as and if amended, by striking Section 56-1-45, SECTION 1, and inserting:

/"Section 56-1-45.   (A)   The department may not issue a driver's license to a person seventeen years of age or under unless:

(1)   the person has a high school diploma or certificate, or a General Education Development Certificate; or

(2)   the person is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education; and

(a)   the person has conformed to the attendance laws, regulations, and policies of his school, school district, and the State Board of Education, as applicable;

(b)   the person is not suspended or expelled from school.

(B)   A person more than seventeen years of age but not more than eighteen years of age applying for a driver's license shall provide to the department one of the following:

(1)   evidence of graduation from high school;

(2)   his General Education Development Certificate;

(3)   documentation as provided in subsection (C) from his school of attendance stating that the applicant conforms to the requirements of item (2) of subsection (A) of this section.

(C)   The attendance supervisor or his designee shall provide documentation of enrollment status on a form prescribed by the State Department of Education in consultation with the Department of Public Safety to a student at least fifteen years of age, upon request. The documentation must indicate if the student is in compliance with the requirements of item (2) of subsection (A) of this section.

(D)   Whenever a student fifteen years of age or older withdraws or is considered withdrawn from school, the attendance supervisor or his designee shall notify the Department of Public Safety of withdrawal and if the person holds a driver's license, the department shall suspend the license upon written notice. The written notice must be sent to the licensee informing him of the suspension within ten days unless he provides documentation of his compliance with the provisions of this section. The suspension period lasts until the student's eighteenth birthday or until he is re-enrolled in school for a minimum of thirty school days, unless an exception is granted pursuant to subsection (E). For the purposes of this section, withdrawal is defined as ten consecutive days of unexcused absence during the school year.

(E)   If the local school board determines that a personal or family hardship exists that requires a person to obtain a driver's license for employment or medically-related purposes, the board may authorize the issuance of a license for a person denied a license or where a license has been suspended pursuant to this section. The request must be made on a form approved by the Department of Public Safety.

(F)   The term 'driver's license', as used in this section, includes a regular driver's license, a special restricted driver's license, and a beginner's permit.

(G)   A suspension under this section does not require the filing of an SR-22 on the lifting of the suspension."/

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator STILWELL argued contra to second reading of the Bill.

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.

Recorded Vote

Senator STILWELL desired to be recorded as voting against the second reading of the Bill.

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.

H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

(By prior motion of Senator MESCHER, with unanimous consent)

CARRIED OVER

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

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

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

MOTION FAILED

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

Senator COURTNEY moved that the Bill be made a Special Order.

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

Ayes 26; Nays 14

AYES

Alexander                 Cork                      Courtney
Elliott                   Ford                      Glover
Jackson                   Land                      Leventis
Martin                    McConnell                 Mescher
Moore                     Passailaigue              Patterson
Peeler                    Rankin                    Reese
Rose                      Russell                   Ryberg
Saleeby                   Short                     Stilwell
Washington                Williams

TOTAL--26

NAYS

Bryan                     Courson                   Giese
Gregory                   Hayes                     Lander
Leatherman                McGill                    O'Dell
Richter                   Setzler                   Smith, J.V.
Thomas                    Wilson

TOTAL--14

Not having received the necessary vote, the motion to make the Bill a Special Order failed.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (GJK\21342SD.95), proposed by Senator DRUMMOND and previously printed in the Journal of Thursday, February 16, 1995.

Senator SETZLER spoke on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, Amendment No. 1 was withdrawn.

Amendment No. 2

Senator DRUMMOND proposed the following Amendment No. 2 (EDUC\365.3), which was adopted:

Amend the bill, as and if amended, Section 59-103-10, on page 1, line 40, by striking /to serve as an advocate and/.

Amend the bill further, as and if amended, on page 1, line 42 by inserting after / institutions,/ the following:

/serve as an advisor to the Governor and the General Assembly, and advocate the interests of students attending institutions of higher learning,/.

Renumber sections to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 3

Senator GIESE proposed the following Amendment No. 3 (PFM\7275BDW.95), which was tabled:

Amend the bill, as and if amended, by striking Section 59-103-10(2), page 3, beginning on line 2, and inserting:

/(2)   Three members to serve ex officio to represent the public colleges and universities. The trustees of the following public senior research institutions shall nominate one noninstitutionally-affiliated individual for consideration by the Governor for appointment: Medical University of South Carolina, Clemson University, and University of South Carolina. The trustees of the following four-year public institutions of higher learning shall nominate one noninstitutionally-affiliated individual for consideration by the Governor for appointment: Francis Marion University, Coastal Carolina University, Lander University, Winthrop University, The Citadel, South Carolina State University, College of Charleston, University of South Carolina-Spartanburg, and University of South Carolina-Aiken. The State Board for Technical and Comprehensive Education shall nominate one noninstitutionally-affiliated individual for consideration by the Governor for appointment. These members must be appointed to serve terms of two years and may not serve more than two consecutive terms./

Amend title to conform.

Senator GIESE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 4

Senator BRYAN proposed the following Amendment No. 4 (365R001.JEB), which was adopted:

Amend the bill, as and if amended, page 3, line 3, after the word /universities./ and before the word /One/, by adding the following:

/It shall not be a conflict of interest for any voting ex officio member to vote on matters pertaining to their individual college or university./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

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

Senator THOMAS spoke on the Bill.

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

Recorded Vote

Senator THOMAS desired to be recorded as voting against the third reading of the Bill.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

DEBATE INTERRUPTED

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (JUD0041.008) proposed by Senator McCONNELL and previously printed in the Journal of Wednesday, March 1, 1995.

Senator COURSON spoke on the Bill.

With Senator COURSON retaining the floor, Senator HAYES asked unanimous consent to make a motion that the Senate stand adjourned.

Debate was interrupted by adjournment, Senator COURSON retaining the floor.

LOCAL APPOINTMENTS
Confirmations

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

Reappointments, Orangeburg County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable John Cecil Moore, Jr., P.O. Box 321, North, S.C. 29112

The Honorable Vernetha G. Glenn, P.O. Box 675, Santee, S.C. 29142

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

Reappointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Alfred W. Flynn, P.O. Box 485, Williston, S.C. 29583

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

Reappointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Donald S. Tennyson, Sr., 1225 Twin Lakes Road, Rock Hill, S.C. 29732

MOTION ADOPTED
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George Anderson Douglas, Sr. of Rock Hill, S.C.

ADJOURNMENT

At 12:30 P.M., on motion of Senator HAYES, the Senate adjourned to meet tomorrow at 11:00 A.M.

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