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

TUESDAY, FEBRUARY 18, 1997

Tuesday, February 18, 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,

In honor of President's Day, we shall pray today the prayer of President George Washington for the United States... still most relevant to our needs:
Let us pray.

"Almighty God: We make our earnest prayer

that Thou wilt keep the United States in

Thy holy protection; that Thou wilt incline

the hearts of the citizens to cultivate a

spirit of subordination and obedience to gov-

ernment, and entertain a brotherly affection and

love for one another and for their fellow

citizens of the United States at large. And

finally that Thou wilt most graciously be

pleased to dispose us all to do justice,

to love mercy, and demean ourselves with that

charity, humility and pacific temper of mind

which were the characteristics of the Divine

Author of our blessed religion, without a humble

imitation of whose example in these things

we can never hope to be a happy nation.

Grant our supplication, we beseech Thee, through

Jesus Christ, our Lord. Amen."

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

Doctor of the Day

Senator FAIR introduced Dr. Woodrow Long of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PASSAILAIGUE, at 12:00 Noon, Senator SALEEBY was granted a leave of absence for today.

CONCURRENCE

S. 199 -- Senators Holland, Courson and Giese: A CONCURRENT RESOLUTION TO EXTEND UNTIL MAY 1, 1997, THE TIME IN WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA HAS TO PRESENT ITS REPORT TO THE GENERAL ASSEMBLY, AND TO EXPAND THE MEMBERSHIP OF THIS COMMITTEE.

The House returned the Concurrent Resolution with amendments.

On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 380 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED "OTHER FUNDS", REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38, ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFUL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.

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

S. 381 -- Senator Holland: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; AND TO AMEND SECTION 7-11-210, RELATING TO THE DEALINE FOR FILING A NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT IF MARCH THIRTIETH FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE NOTICE AND PLEDGE MUST BE FILED ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

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

S. 382 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 5, 1997, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 5, 1997, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, the Easter Seal Society of South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the forty-fifth annual "B.A.C.-Coffee Day for People with Disabilities" in South Carolina on Good Friday, March 28, 1997; and

Whereas, under the statewide leadership of Thomas E. Felder, Chairman, State Easter Seal Board of Directors, and Mary Wood Beasley, State Campaign Chairperson, ably assisted by Reuben M. Greenberg, State President, and John L. Caudle, II, Executive Director of the South Carolina Law Enforcement Officers' Association, and Thomas L. Sponseller, Executive Director, and Robert Williams, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 5, 1997; and

Whereas, the "B.A.C." project and all other programs of Easter Seals deserve the support, merit, and praise of all citizens of the State. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That Wednesday, March 5, 1997, is designated "Disabilities Day" in South Carolina and that Benjamin Brewer, son of Dr. and Mrs. Chuck Brewer of Greenville; Kaitlin Burns, daughter of John and Chrissy Burns of Spartanburg; Amado (Mady) Espitia, son of Frances Smith of Greenwood; Graham Jones of Hanahan; John Allen Pitts, son of Wade and Anne Pitts of Anderson; Zane Smith, son of Kathy Smith of Andrews; Darrin Webb, son of William and Wanda Webb of Columbia; Hayley Nicole West, daughter of Judy and Dennis West of Florence; who have been chosen to serve as Easter Seal Representatives, be presented to the General Assembly, along with their parents, in a joint session in the Hall of the House of Representatives on Wednesday, March 5, 1997.

Be it further resolved that the General Assembly extends to Easter Seals and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.

Be it further resolved that a copy of this resolution be forwarded to Joseph D. Jones, President and Chief Executive Officer of Easter Seals, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the state Easter Seal Representatives themselves.

Introduced and referred to the Committee on Invitations.

S. 383 -- Senators Bryan and Leventis: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315, SO AS TO PROVIDE THAT A CANDIDATE MAY CHOOSE TO LIMIT HIS CAMPAIGN EXPENDITURES TO SEVENTY-FIVE CENTS PER CONSTITUENT AND TO PROVIDE FOR A STATE INCOME TAX DEDUCTION FOR CONTRIBUTORS AS LONG AS THE CANDIDATE ADHERES TO HIS PLEDGE; TO AMEND SECTION 12-6-1140 OF THE 1976 CODE, RELATING TO DEDUCTIONS IN COMPUTING INDIVIDUAL TAXABLE INCOME, SO AS TO MAKE POLITICAL CAMPAIGN CONTRIBUTIONS IN ACCORDANCE WITH SECTION 8-13-1315 TAX DEDUCTIBLE; AND TO AMEND ARTICLE 9, CHAPTER 6, TITLE 12 OF THE 1976 CODE, RELATING TO TAXABLE INCOME CALCULATION, BY ADDING SECTION 12-6-1230 SO AS TO PROVIDE ALL TAXPAYERS THE INCOME TAX DEDUCTION FOR POLITICAL CAMPAIGN CONTRIBUTIONS IN ACCORDANCE WITH SECTION 8-13-1315.

Senator BRYAN spoke on the Bill.

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

S. 384 -- Senators Rose, McConnell, Matthews, Mescher, Williams, Ravenel and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE DORCHESTER COUNTY ON THE OCCASION OF ITS CENTENNIAL CELEBRATION ON TUESDAY, FEBRUARY 25, 1997.

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

S. 385 -- Senator Moore: A SENATE RESOLUTION SALUTING PARK MISSIONARY BAPTIST CHURCH OF AIKEN COUNTY ON THE HAPPY OCCASION OF THE CHURCH'S ONE HUNDRED TWENTY-FIFTH YEAR OF WORSHIP.

The Senate Resolution was adopted.

S. 386 -- Senator Moore: A SENATE RESOLUTION CONGRATULATING MR. KELLY ZIER OF NORTH AUGUSTA ON BEING NAMED "THE 1996 NORTH AUGUSTA CITIZEN OF THE YEAR".

The Senate Resolution was adopted.

H. 3064 -- Reps. Wilkins, Haskins, Sharpe, Townsend, Meacham, Carnell, Quinn, Harrison, Cato, J. Brown, Vaughn, D. Smith, H. Brown, Stille, Kirsh, Cotty, Young-Brickell, Sandifer, Witherspoon, Baxley, Simrill, Seithel, Bailey, Robinson, Walker, Stuart, Altman, Harrell, Riser, Rodgers, Gamble, Harvin and Littlejohn: A BILL RATIFYING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC-FUNDED RETIREMENT SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF ASSETS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM, TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE PANEL SHALL NOT EXIST UNTIL THE GENERAL ASSEMBLY ENACTS IMPLEMENTING LEGISLATION ESTABLISHING THE PANEL, PROVIDING THE TERMS, DUTIES, AND COMPENSATION OF ITS MEMBERS, AUTHORIZING THE INVESTMENTS ALLOWED PURSUANT TO THIS AMENDMENT AND WHICH ALSO MAY PROVIDE THOSE LIMITATIONS ON INVESTMENTS IN EQUITY SECURITIES CONSIDERED PRUDENT BY THE GENERAL ASSEMBLY.

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

H. 3086 -- Reps. Davenport, Cotty, Walker, Altman, Whatley, Sandifer, Vaughn, Wilkes, Stuart, Harrell, Riser, Gamble and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE THAT THERE IS NO LIABILITY FOR DAMAGES OR INJURY SUSTAINED BY A PERSON WHO HAS COMMITTED A FELONY WHEN THE PERSON IS INJURED OR DIES FROM INJURIES SUSTAINED WHILE COMMITTING THE CRIME.

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

H. 3157 -- Reps. Wilkins, Haskins, Cato, Harrison, Meacham, Sharpe, D. Smith, Vaughn, Allison, Bailey, Barfield, Barrett, Bauer, Baxley, Beck, Campsen, Chellis, Cotty, Cromer, Davenport, Felder, Gamble, Harrell, J. Harris, Hinson, Jordan, Kelley, Keegan, Kinon, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Mason, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, R. Smith, Knotts, Webb, Limehouse, Whatley and Hawkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998.

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

H. 3160 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.

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

H. 3184 -- Rep. Davenport: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS AND REQUIRE ONE HUNDRED TWENTY HOURS OF COMMUNITY SERVICE WHERE THE OFFENSE IS A MISDEMEANOR.

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

H. 3215 -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.

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

H. 3230 -- Rep. Simrill: A BILL TO AMEND SECTION 33-56-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR A WILFUL VIOLATION OF CERTAIN PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

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

H. 3370 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3454 -- Rep. Law: A CONCURRENT RESOLUTION CONGRATULATING BERKELEY HIGH SCHOOL ON WINNING THE 1996 CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP.

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

H. 3457 -- Reps. Howard, J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, 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, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF EDWIN JULIUS ZOBEL, JR., OF RICHLAND COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3458 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE FORT MILL HIGH SCHOOL MARCHING BAND UPON WINNING THE 1996-97 SOUTH CAROLINA AAA STATE MARCHING BAND CHAMPIONSHIP.

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

H. 3472 -- Reps. Parks, Klauber, Carnell and Stille: A CONCURRENT RESOLUTION RECOGNIZING THE ONE HUNDREDTH ANNIVERSARY OF GREENWOOD COUNTY AS A COUNTY OF THE GREAT STATE OF SOUTH CAROLINA.

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

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

THIRD READING BILLS

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

S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.

Senator COURTNEY explained the Bill.

S. 224 -- Senator Holland: A BILL TO AMEND SECTION 7-17-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING OF APPEALS BY THE STATE BOARD OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD SHALL MEET NOT LATER THAN NOON ON MONDAY TWO WEEKS FOLLOWING THE FILING OF ANY NOTICE PERFECTED UNDER SECTION 7-17-70 FOR THE PURPOSE OF HEARING APPEALS.

S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 218 -- 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.

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

The Committee on Judiciary proposed the following amendment (JUD0218.001), which was adopted:

Amend the bill, as and if amended, line 14, as contained in the title, by striking the word /SHALL/ and inserting therein the word / MAY /.

Senator COURTNEY explained the amendment.

The amendment was adopted

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

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 30 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.

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

MOTION ADOPTED

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

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

CARRIED OVER

S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.

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

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

CARRIED OVER

S. 195 -- 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.

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

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

AMENDED, DEBATE INTERRUPTED

S. 310 -- 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.

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 12:30 P.M.

Senator McCONNELL spoke on the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 1:00 P.M.

Senator McCONNELL continued speaking on the Bill.

Amendment No. 1

Senator McCONNELL proposed the following Amendment No. 1 (310R001.GFM), which was adopted:

Amend the bill, as and if amended, page 310-3, line 39, by adding after / eligibility / the following:

/to the employees who are eligible for coverage under the closed plan/

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator McCONNELL continued speaking on the Bill.

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

MOTION ADOPTED

On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Julian E. Grant of Newberry, S.C.

ADJOURNMENT

At 1:23 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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