Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index
| Printed Page 60, Jan. 10 | Printed Page 80, Jan. 10 |
Printed Page 70 . . . . . Tuesday, January 10, 1995
S. 199 -- Senators Wilson, Rose and Courson: A BILL TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "C" CONSTRUCTION FUNDS, SO AS TO REVISE THE FORMULA FOR DETERMINING THE APPORTIONMENT OF FUNDS TO COUNTIES BY ELIMINATING CONSIDERATION OF THE LAND AREA OF A COUNTY.

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

S. 200 -- Senators Wilson, Bryan, Courson, Hayes, Thomas, Giese, Russell, O'Dell, Gregory, McConnell, Mescher, Rose, Martin, Lander, Waldrep, Elliott and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED.

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

S. 201 -- Senators Wilson and Rose: A BILL TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKS, RECREATION AND TOURISM, BY ADDING CHAPTER 25 SO AS TO ENACT THE RAILS TO TRAILS ACT.

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

S. 202 -- Senators Wilson and Rose: A BILL TO AMEND SECTION 12-7-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT ALLOWED ON A JOINT INCOME TAX RETURN FOR THE EARNED INCOME OF A SPOUSE, SO AS TO PROVIDE THAT THE CREDIT EQUALS THE DIFFERENCE BETWEEN THE SOUTH CAROLINA INCOME TAX DUE ON THE JOINT RETURN AND THE TOTAL OF THE TAX THAT WOULD BE DUE IF BOTH SPOUSES FILED SEPARATELY AND TO DELETE PROVISIONS LIMITING THE CREDIT TO EARNED INCOME, PROHIBITING THE CREDIT WHEN A

Printed Page 71 . . . . . Tuesday, January 10, 1995
TAXPAYER LIVES ABROAD OR IN GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANA ISLANDS, AND WHEN THE TAXPAYER FILES A NONRESIDENT RETURN.

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

S. 203 -- Senators Wilson, Leventis, Rose and Courson: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM AND BALLOT FOR THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT A REFERENDUM TO IMPOSE THE TAX MAY BE HELD ONLY AT THE TIME OF THE GENERAL ELECTION.

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

S. 204 -- Senators Wilson and Rose: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 35, THE FIRST PURCHASE FAMILY HOUSING ACT, SO AS TO AUTHORIZE THE ESTABLISHMENT OF INDIVIDUAL HOUSING ACCOUNTS; TO EMPOWER FINANCIAL INSTITUTIONS TO HANDLE THE ACCOUNTS AND TO PROVIDE THAT CONTRIBUTIONS TO THE ACCOUNTS WHEN USED SOLELY IN CONNECTION WITH THE PURCHASE OF A FIRST PRINCIPAL RESIDENCE ARE TAX DEDUCTIBLE.

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

S. 205 -- Senators Wilson and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.

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

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S. 206 -- Senators Wilson, Courson, Thomas, Ryberg, Waldrep, Lander, McConnell, Passailaigue, Russell, Hayes, Rose, Leatherman, Martin and O'Dell: A CONCURRENT RESOLUTION CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER ALL POWERS NOT OTHERWISE ENUMERATED AND GRANTED TO THE FEDERAL GOVERNMENT BY THE CONSTITUTION OF THE UNITED STATES; PROVIDING THAT ALL GOVERNMENTAL AGENCIES, QUASI-GOVERNMENTAL AGENCIES, AND THEIR AGENTS AND EMPLOYEES OPERATING WITHIN THE GEOGRAPHIC BOUNDARIES OF THE STATE OF SOUTH CAROLINA, OR ALL GOVERNMENTAL AGENCIES AND THEIR AGENTS AND EMPLOYEES, WHOSE ACTIONS HAVE EFFECT ON THE INHABITANTS OR LANDS OR WATERS OF THE STATE OF SOUTH CAROLINA, SHALL OPERATE WITHIN THE CONFINES OF THE ORIGINAL INTENT OF THE CONSTITUTION OF THE UNITED STATES OR BE SUBJECT TO PENALTY OF LAW AS PROVIDED FOR NOW OR IN THE FUTURE, WITHIN THE CONSTITUTION OF SOUTH CAROLINA, THE SOUTH CAROLINA STATUTES, OR THE COMMON LAW AS GUARANTEED BY THE CONSTITUTION OF THE UNITED STATES; AND SERVING NOTICE AND DEMAND ON THE FEDERAL GOVERNMENT AS SOUTH CAROLINA'S AGENT TO CEASE AND DESIST IMMEDIATELY ALL MANDATES THAT ARE BEYOND THE SCOPE OF THE FEDERAL GOVERNMENT'S CONSTITUTIONALLY DELEGATED POWERS.

Referred to the Committee on Judiciary.

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.

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

S. 208 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-305 SO AS TO PROVIDE THAT BEGINNING WITH THE 1996 GENERAL ELECTION AND THEREAFTER, ALL COUNTIES MUST USE AUTOMATED OR ELECTRONIC VOTING SYSTEMS AND

Printed Page 73 . . . . . Tuesday, January 10, 1995
MAY NOT USE PAPER BALLOTS EXCEPT FOR ABSENTEE OR CONTESTED BALLOTS.

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

S. 209 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED, INFERIOR ONLY TO AD VALOREM PROPERTY TAX LIENS.

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

S. 210 -- Senator Land: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF FAILING TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A COURT MAY DISMISS ANY PROSECUTION INITIATED PURSUANT TO THE PROVISIONS OF THIS SECTION FOR FIRST OFFENSE ON SATISFACTORY PROOF OF RESTITUTION AND PAYMENT OF AN ADMINISTRATIVE COST, AND PROVIDE THAT NO WARRANT FOR A VIOLATION OF THIS SECTION MAY BE OBTAINED MORE THAN THIRTY DAYS AFTER THE DATE THE RENTAL AGREEMENT HAS EXPIRED.

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

S. 211 -- Senators Gregory and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-970 SO AS TO PROHIBIT INMATES IN SOUTH CAROLINA DEPARTMENT OF CORRECTIONS FACILITIES FROM HAVING TELEVISIONS IN THEIR CELLS.

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

S. 212 -- Senators Richter, Rose, Elliott and Passailaigue: A BILL TO AMEND SECTION 20-7-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "CHILD", SO AS TO PROVIDE THAT A CHILD MEANS A PERSON LESS THAN SIXTEEN YEARS OF AGE AND TO AMEND SECTIONS 20-7-400(A)(3), 20-7-400(B) AND SECTION 20-7-410 TO CONFORM TO THIS DEFINITION; TO AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE

Printed Page 74 . . . . . Tuesday, January 10, 1995
JURISDICTION OF CERTAIN COURTS OVER JUVENILES SO AS TO GRANT THE CIRCUIT COURT EXCLUSIVE AND ORIGINAL JURISDICTION OVER A CHILD FOURTEEN TO FIFTEEN YEARS OF AGE CHARGED WITH CERTAIN VIOLENT CRIMES FOR PROPER CRIMINAL PROCEEDINGS; AND TO AMEND SECTION 24-19-10(d), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO REVISE THE DEFINITION OF YOUTHFUL OFFENDER TO INCLUDE THOSE WHO ARE UNDER SIXTEEN YEARS OF AGE AND WHO HAVE BEEN BOUND OVER TO GENERAL SESSIONS COURT.

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

S. 213 -- Senators Glover and Washington: A BILL TO AMEND ARTICLE 1, CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-135 SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER SELLING A PURCHASER A PREVIOUSLY OWNED VEHICLE MUST WARRANT AND GUARANTEE ALL PARTS AND EQUIPMENT OF THE VEHICLE FOR A PERIOD OF AT LEAST THIRTY DAYS, AND TO REQUIRE THE DEALER UNDER CERTAIN CONDITIONS TO REFUND THE PURCHASE PRICE OF THE VEHICLE OR REPLACE IT WITH A SIMILAR ONE OF EQUAL VALUE ACCEPTABLE TO THE PURCHASER AT THE END OF THIS THIRTY-DAY PERIOD IF THE DEFECTS OF THE MOTOR VEHICLE HAVE NOT BEEN REMEDIED.

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

S. 214 -- Senator Glover: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS IN WHICH MEDICAL SUPPLIES AND TREATMENT MUST BE FURNISHED UNDER WORKERS' COMPENSATION LAWS, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED AND THE CONDITIONS OF AND PROCEDURES FOR FURNISHING TREATMENT, TO DELETE THE BAN TO COMPENSATION WHEN AN EMPLOYEE REFUSES TREATMENT, AND TO DEFINE CERTAIN TREATMENT TERMS TO INCLUDE CHIROPRACTIC CARE; AND TO AMEND SECTION 42-15-70, RELATING TO AN EMPLOYER'S LIABILITY FOR TREATMENT AND THE EFFECT OF MALPRACTICE, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH AN

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EMPLOYER IS LIABLE FOR CHARGES AND TO REQUIRE APPROVAL OF TREATMENT OF A HEALTH CARE PROVIDER SELECTED BY AN EMPLOYEE BEFORE AN EMPLOYER IS LIABLE FOR THE CHARGES.

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

S. 215 -- Senators Rose, Rankin and Passailaigue: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.

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

S. 216 -- Senators Richter and Rose: A BILL TO AMEND CHAPTER 21, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT PAROLE IS HEREBY ABOLISHED.

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

S. 217 -- Senators Glover and Washington: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO REQUIRE THE FEDERAL HOLIDAY CELEBRATING MARTIN LUTHER KING, JR.'S BIRTHDAY AS A REQUIRED STATE HOLIDAY.

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

S. 218 -- Senator Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TRIAL BY JURY, SO AS TO PROVIDE FOR ADDITIONAL DUTIES AND RESPONSIBILITIES OF THE JURY AND TO PROVIDE THAT A JURY HAS THE RIGHT TO JUDGE THE LAW AS WELL AS THE FACTS IN CRIMINAL TRIALS AND IN CIVIL ACTIONS IN WHICH

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THE STATE, COUNTY, OR MUNICIPALITY, OR ANY AGENT OF THE GOVERNMENT IS A PARTY TO THE ACTION.

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

S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

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

S. 220 -- Senators Passailaigue, Rose, Elliott and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT LAWS ENACTED TO MAINTAIN CONFORMITY OF THE STATE INCOME TAX WITH THE PROVISIONS OF THE FEDERAL INCOME TAX MAY NOT RESULT IN INCREASES OR DECREASES IN THE STATE INCOME TAX LIABILITY OF SIMILAR REPRESENTATIVE CLASSES OF INDIVIDUAL AND CORPORATE TAXPAYERS.

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

S. 221 -- Senators Mitchell and Washington: A BILL TO PROVIDE THAT BENEFITS OF AN INDIVIDUAL HEALTH INSURANCE POLICY MUST BE CONSIDERED REASONABLE IN RELATION TO PREMIUMS CHARGED IF THE PREMIUM RATES ARE FILED PURSUANT TO A LOSS RATIO GUARANTEE THAT MEETS THE REQUIREMENTS OF THIS ACT AND THAT BENEFITS MUST CONTINUE TO BE CONSIDERED REASONABLE IN RELATION TO THE PREMIUM CHARGED SO LONG AS THE INSURER COMPLIES WITH THE TERMS OF THE LOSS RATIO GUARANTEE, AND TO PROVIDE FOR RELATED MATTERS.

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

Printed Page 77 . . . . . Tuesday, January 10, 1995
S. 222 -- Senators Mitchell and Washington: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO ENACT THE MEDICAID INSURANCE DEMONSTRATION PROJECT ACT.

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

S. 223 -- Senators J. Verne Smith, Williams, Drummond, Leatherman, Leventis, McConnell, Moore, Courson, Patterson, Stilwell, Russell, O'Dell, Elliott, Rose and Waldrep: A JOINT RESOLUTION TO APPROPRIATE FROM FISCAL YEAR 1993-94 SURPLUS GENERAL FUND REVENUES, AN AMOUNT NOT TO EXCEED $38,787,632 FOR THE STATE HOUSE RENOVATION PROJECT AND TO PROVIDE FOR THE CARRY FORWARD OF THESE FUNDS.

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

S. 224 -- Senator Rose: A BILL TO AMEND SECTION 33-2-102, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO ARTICLES OF INCORPORATION, SO AS TO DELETE THE REQUIREMENT THAT A LICENSED ATTORNEY FILE A CERTIFICATE CERTIFYING THAT THE REQUIREMENTS FOR INCORPORATION HAVE BEEN MET.

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

S. 225 -- Senator Ford: A JOINT RESOLUTION TO CREATE A JOINT STUDY COMMITTEE TO STUDY THE ADMINISTRATIVE IMPLEMENTATION AND IMPACT OF REQUIRING THAT THE GENERAL ASSEMBLY DIVIDE THE STATE INTO JUDICIAL CIRCUITS OF COMPACT AND CONTIGUOUS TERRITORY WITH THREE CIRCUITS COMPOSING EACH OF THE SIX CONGRESSIONAL DISTRICTS, THAT THE GENERAL ASSEMBLY REAPPORTION JUDICIAL CIRCUITS DECENNIALLY TO ENSURE THAT EACH HAS APPROXIMATELY THE SAME POPULATION, AND THAT EACH CIRCUIT JUDGE SHALL BE ELECTED BY A PUBLIC VOTE OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING ANY PORTION OF A DISTRICT WITHIN A JUDICIAL CIRCUIT.

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

S. 226 -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE

Printed Page 78 . . . . . Tuesday, January 10, 1995
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO JUDICIAL CIRCUITS, WHICH WOULD REQUIRE THAT THE GENERAL ASSEMBLY DIVIDE THE STATE INTO JUDICIAL CIRCUITS OF COMPACT AND CONTIGUOUS TERRITORY WITH THREE CIRCUITS COMPOSING EACH OF THE SIX CONGRESSIONAL DISTRICTS; THAT THE GENERAL ASSEMBLY REAPPORTION JUDICIAL CIRCUITS DECENNIALLY AND ENSURE THAT EACH HAS APPROXIMATELY THE SAME POPULATION; AND PROVIDE THAT FOR EACH CIRCUIT A JUDGE SHALL BE ELECTED BY A PUBLIC VOTE OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING ANY PORTION OF A DISTRICT WITHIN A JUDICIAL CIRCUIT.

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

S. 227 -- Senator Ford: A BILL TO AMEND CHAPTER 3, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 58-3-27, 58-3-28, AND 58-3-29 SO AS TO PROVIDE THE MANNER OF SELECTION OF THE PUBLIC SERVICE COMMISSION; AND TO AMEND SECTIONS 58-3-20, AS AMENDED, AND 58-3-26, RELATING TO THE ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION DISTRICTS AND ELECTION OF COMMISSIONERS, SO AS TO REVISE THE DISTRICTS AND THE MANNER OF ELECTION.

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

S. 228 -- Senator Ford: A BILL TO AMEND ARTICLE 1, CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-250 SO AS TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

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

S. 229 -- Senators Mitchell and Washington: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 7, CODE OF LAWS OF SOUTH

Printed Page 79 . . . . . Tuesday, January 10, 1995
CAROLINA, 1976, BY ADDING SECTION 7-11-230 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION AS PROVIDED IN SECTION 7-11-210 AND CHANGES HIS POLITICAL PARTY AFFILIATION DURING THE TERM OF THE OFFICE FOR WHICH HE IS ELECTED IS IMMEDIATELY REMOVED FROM HIS ELECTED OFFICE.

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

S. 230 -- Senators Richter, Leventis, Rose, Rankin and Passailaigue: A BILL TO AMEND SECTION 24-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF A PRISONER'S CASE FOR PAROLE, SO AS TO PROVIDE THAT AFTER A SECOND NEGATIVE DETERMINATION, THE PRISONER'S CASE SUBSEQUENTLY SHALL BE REVIEWED AT DATES DETERMINED BY THE BOARD, WHICH MAY BE MORE THAN TWELVE MONTHS AFTER A PREVIOUS NEGATIVE DETERMINATION.

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

S. 231 -- Senator Glover: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR PARDON, SO AS TO PROVIDE THAT AN INMATE WHO PRODUCES EVIDENCE OF A HISTORY OF DOMESTIC VIOLENCE PERPETRATED AGAINST THE INMATE BY THE VICTIM OF THE CRIME FOR WHICH THE INMATE IS IMPRISONED, IF SUCH VIOLENCE SIGNIFICANTLY CONTRIBUTED TO THE INMATE'S COMMISSION OF THE CRIME, SHALL BE ELIGIBLE FOR PARDON PRIOR TO THE PAROLE ELIGIBILITY DATE.

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

S. 232 -- Senator Ford: A BILL TO ENACT THE "OMNIBUS CRIMINAL PROCESS REFORM ACT OF 1995", TO AMEND CHAPTER 5, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUIT COURTS, BY ADDING SECTION 14-5-615 SO AS TO VEST THE PREPARATION OF THE DOCKETS FOR GENERAL SESSIONS COURT IN THE CHIEF ADMINISTRATIVE JUDGE FOR GENERAL SESSIONS COURT FOR

Printed Page 80 . . . . . Tuesday, January 10, 1995
A JUDICIAL CIRCUIT; TO AMEND CHAPTER 23, TITLE 17 OF THE 1976 CODE, RELATING TO PLEADING AND TRIAL IN CRIMINAL CASES, BY DESIGNATING SECTIONS 17-23-10 THROUGH 17-23-165 AS ARTICLE 1 AND BY ADDING ARTICLE 3, THE "SPEEDY TRIAL ACT", SO AS TO PROVIDE TIME LIMITS WITHIN WHICH AN INFORMATION OR INDICTMENT MUST BE FILED AGAINST AN ARRESTED PERSON, TO PROVIDE TIME LIMITS BETWEEN INDICTMENT OR INFORMATION AND THE TRIAL OF A DEFENDANT, TO PROVIDE SANCTIONS FOR VIOLATIONS OF THE TIME LIMITS, AND TO PROVIDE A PROCEDURE IN WHICH THE "SPEEDY TRIAL ACT" MAY BE SUSPENDED IN A JUDICIAL CIRCUIT; TO AMEND CHAPTER 19, TITLE 17, RELATING TO INDICTMENTS, BY ADDING SECTION 17-19-15, SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS FOR CRIMINAL OFFENSES; AND TO REPEAL SECTION 1-7-330, RELATING TO CIRCUIT SOLICITORS' ATTENDANCE AT GENERAL SESSIONS COURT AND THE PREPARATION AND PUBLICATION OF THE GENERAL SESSIONS DOCKET.

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

| Printed Page 60, Jan. 10 | Printed Page 80, Jan. 10 |
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