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

THURSDAY, FEBRUARY 20, 1997

Thursday, February 20, 1997
(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.

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

Beloved, hear the words of Nehemiah as he urged his people to rebuild the walls of Jerusalem, Chapter 2 (v.18):

"I told them that the hand of my God had

been gracious upon me, and also the words

that the king had spoken to me. Then they

said, 'Let us start building!' So they committed

themselves to the common good."
Let us pray.

Almighty God, we penitently acknowledge that the discords that mark the outer life of our society are but the reflections of the inner tensions, the discords and disharmonies of the human spirit.

We know also that the cure for our ills is nothing short of the renewal of the human spirit, and heart, by the redeeming Spirit of the Living God.

As we face anew the challenges of today, help us so to discharge our duties that we may know the thrill of grasping a task and seeing it through to a satisfying end.

If we cannot take a long stride today, help us to take a short stride... in the right direction.

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

January 31, 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

Local Appointment

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to begin March 1, 1997:

Honorable Michael F. Smith, Route 1, Box 228, Pelzer, S.C. 29669 VICE John M. McCoy (resigned)

Doctor of the Day

Senator BRYAN introduced Dr. J. Rutledge Lawson of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PASSAILAIGUE, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.

Leave of Absence

On motion of Senator PASSAILAIGUE, at 11:00 A.M., Senator McCONNELL was granted a leave of absence for today.

Leave of Absence

On motion of Senator BRYAN, at 11:00 A.M., Senator FAIR was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 395 -- Senator Leventis: A JOINT RESOLUTION TO REOPEN THE FILING PERIOD FOR THE MULTIPLE LOT DISCOUNT FOR PROPERTY TAX YEAR 1996 FOR THIRTY DAYS.

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

S. 396 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF PROPERTY TAX ASSESSMENT NOTICES, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE CONTAIN THE PERCENTAGE INCREASE OVER THE PRIOR MARKET VALUE IF THERE WAS NO CHANGE IN USE OR CHARACTERISTICS.

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

S. 397 -- Senators J. Verne Smith, Fair, Thomas and Bryan: A BILL TO AMEND SECTION 4-1-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MULTI-COUNTY INDUSTRIAL AND BUSINESS PARKS, SO AS TO REQUIRE THE PRIOR CONSENT OF A MUNICIPALITY ALL OR A PORTION OF WHICH IS TO BE INCLUDED IN THE PARK.

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

S. 398 -- Senators Fair and Hayes: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS AND TO ESTABLISH MISDEMEANOR PUBLIC INDECENCY AND MISDEMEANOR INDECENT EXPOSURE, AND TO PROVIDE PENALTIES.

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

S. 399 -- Senator Bryan: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 OF THE 1976 CODE, RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.

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

S. 400 -- Senator Alexander: A BILL TO AMEND SECTION 6-9-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF STATE BUILDINGS FROM A STANDARD BUILDING CODE ADOPTED BY A COUNTY OR MUNICIPALITY, SO AS TO EXEMPT BUILDINGS OF SCHOOL DISTRICTS.

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

S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS_ LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 402 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT IF THE NUMBER OF QUALIFIED CANDIDATES OFFERING FOR ELECTION IS EQUAL TO THE NUMBER OF EXISTING VACANCIES, THEN THE CANDIDATES MUST BE DEEMED ELECTED WITHOUT AN ELECTION BEING HELD.

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

S. 402--Ordered to a Second Reading with
Notice of General Amendments

On motion of Senator BRYAN, S. 402 was ordered to receive a second reading with notice of general amendments on Friday, February 21, 1997.

S. 403 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 25, 1997, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to a current total of 143,800; and

Whereas, York County job creation ranked third in the State for 1996 with 2,154 new jobs; and

Whereas, the county's total estimated property valuation exceeded 7.5 billion dollars last year; and

Whereas, York County expects to announce over 100 million dollars in new industry investment for the first quarter of 1997; and

Whereas, gross retail sales in York County have doubled since 1987, and increased over eleven percent during the past year to an estimated 2.2 billion dollars; and

Whereas, a total of fifty-three companies, some nationally known, announced plans to locate or expand in York County in 1996, providing a total capital investment of over 206 million dollars; and

Whereas, accommodations tax collections increased nineteen percent in 1996. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring February 25, 1997, "York County Day".

Be it further resolved that a copy of this resolution be forwarded to
each of the six Chambers of Commerce in York County.

Introduced and referred to the Committee on Invitations.

S. 404 -- Senators Thomas and Wilson: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 10, SO AS TO PERMIT THE USE OF TENTS TO HOUSE INMATES INCARCERATED IN THE STATE PRISON SYSTEM AND IN COUNTY JAILS; TO PROVIDE FOR INSPECTIONS THEREOF; AND TO REPEAL CHAPTER 9, TITLE 24 OF THE 1976 CODE, RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM.

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

S. 405 -- Senator Thomas: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-23, SO AS TO REQUIRE ABLE-BODIED INMATES INCARCERATED IN THE STATE PRISON SYSTEM AND IN COUNTY JAILS TO WORK FOR AT LEAST FORTY HOURS EACH WEEK AND TO PROHIBIT TELEVISION VIEWING BY PRISONERS, WITH THE EXCEPTION OF EDUCATIONAL PROGRAMS; AND TO AMEND TITLE 24, RELATING TO CORRECTIONS, JAILS, AND THE LIKE, SO AS TO ENACT THE "INMATE INCARCERATION REIMBURSEMENT ACT" WHICH REQUIRES INMATES IN THE STATE PRISON SYSTEM TO PAY PART OF THE COST OF THEIR INCARCERATION.

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

S. 406 -- Senators Fair and Thomas: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICE DISTRICTS, BY ADDING ARTICLE 22 SO AS TO ENACT THE SOUTH CAROLINA PUBLIC HOSPITAL ACCOUNTABILITY ACT AND TO PROHIBIT A TRANSACTION WHICH RESULTS IN THE TRANSFER OF ASSETS OF A PUBLIC HOSPITAL OR THE SHARING, DELEGATION, OR TRANSFER OF CONTROL OF ANY HOSPITAL OWNED BY OR FUNCTIONS PROVIDED BY A PUBLIC HOSPITAL OR THE ACQUISITION OF AN ACUTE CARE HOSPITAL UNLESS CERTAIN DISCLOSURE REQUIREMENTS ARE MET AND THE TRANSACTION, TRANSFER, OR ACQUISITION IS APPROVED BY A MAJORITY OF THE ELECTORS IN THE HOME COUNTY OF THE PUBLIC HOSPITAL; TO PROHIBIT ANTITRUST IMMUNITY BASED ON ANY VOTE CONDUCTED UNDER THIS ARTICLE OR ON ANY COUNTY COUNCIL PUBLIC HOSPITAL BOARD APPROVAL ACTION; AND TO PROVIDE REMEDIES FOR VIOLATIONS.

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

S. 407 -- Senators Drummond, Courson, Giese, Moore, Hutto, Alexander, Anderson, Bryan, Cork, Courtney, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A JOINT RESOLUTION TO CREATE THE STROM THURMOND MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

Senators DRUMMOND and COURSON spoke on the Resolution.

Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.

S. 407--Ordered to a Second and Third Reading

On motion of Senator MOORE, with unanimous consent, S. 407 was ordered to receive a second and third reading on the next successive legislative days.

H. 3139 -- Reps. Wilkins, Meacham, Knotts and Robinson: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.

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

H. 3161 -- Reps. Townsend, Cooper, Walker and Haskins: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO REQUIRE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE.

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

H. 3235 -- Reps. D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill: 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.

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

H. 3239 -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 69 SO AS TO ENACT THE "SOUTH CAROLINA MOLD LIEN AND RETENTION ACT", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3282 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: 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.

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

H. 3425 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL APPRENTICESHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1983, 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 Education.

H. 3426 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDIOVISUAL LIBRARY SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1998, 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 Education.

H. 3427 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INSTRUCTIONAL PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2017, 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 Education.

H. 3431 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2000, 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 Education.

H. 3432 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO BUS CONDUCT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2001, 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 Education.

H. 3433 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2002, 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 Education.

H. 3434 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2007, 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 Education.

H. 3435 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INTERSCHOLASTIC ATHLETICS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2016, 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 Education.

H. 3436 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEXTBOOK SELECTION AND ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2018, 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 Education.

H. 3437 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ENSURE THAT SCHOOL DISTRICTS RECRUIT AND HIRE PERSONNEL FOR EIA IMPLEMENTATION ON THE BASIS OF MERIT AND QUALIFICATIONS; TO ENSURE FAIR AND EQUAL TREATMENT FOR MINORITIES; AND CORRECTIVE ACTION FOR NON-COMPLIANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2005, 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 Education.

H. 3495 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 25, 1997 "YORK COUNTY DAY".

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

H. 3496 -- Reps. Young, Woodrum, G. Brown, Canty, Neal and Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ALEXANDER BRODY OF SUMTER AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 106 -- Senator Passailaigue: A BILL TO AMEND SECTION 50-17-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO AUTHORIZE PERMITS FOR HOLDING AND PROPAGATION FACILITIES; AND TO AMEND SECTION 50-17-165 OF THE 1976 CODE, RELATING TO THE TAKING OR POSSESSING OF HORSESHOE CRABS, SO AS TO AUTHORIZE PERMITS ISSUED UNDER THIS SECTION TO INCLUDE PROVISIONS FOR HOLDING FACILITIES AND TO ALLOW HORSESHOE CRABS TO BE HELD IN FACILITIES APPROVED BY THE DEPARTMENT.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 135 -- Senator McConnell: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-221, SO AS TO PROVIDE THAT PROPERTY IN WHICH THE OCCUPANT HAS AN INTEREST PURSUANT TO AN INSTALLMENT CONTRACT FOR SALE WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, OR ITS ASSIGNEE, IS ELIGIBLE FOR THE ASSESSMENT RATIO PROVIDED IN SECTION 12-43-220(C) AND THE EXEMPTIONS PROVIDED IN SECTIONS 12-37-220, 12-37-250, AND 12-37-290, AS LONG AS THE ADDITIONAL REQUIREMENTS OF THOSE SECTIONS, OTHER THAN THE OWNERSHIP REQUIREMENT, ARE ALSO MET; AND TO PROVIDE FOR REFUNDS UPON APPLICATION.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 136 -- Senator McConnell: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX IMPOSED ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO LIMIT TO THREE HUNDRED DOLLARS THE MAXIMUM SALES TAX WHICH MAY BE IMPOSED UPON SELF-PROPELLED HEAVY-DUTY CONSTRUCTION EQUIPMENT PURCHASED BY A LOCAL POLITICAL SUBDIVISION FOR THE PURPOSE OF CONSTRUCTION OR MAINTENANCE OF ROADS AND DRAINAGE.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

S. 157 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 178 -- Senator Courtney: A JOINT RESOLUTION AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY TO THE TOWN OF PACOLET MILLS.

Amended, Read the Second Time

Senator COURTNEY asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

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

Senator HOLLAND proposed the following amendment (178R001.DH), which was adopted:

Amend the resolution, as and if amended, page 1, after line 38, by adding an appropriately numbered new section to read:

/SECTION   .   Notwithstanding the provisions of Section 25-1-1660 of the 1976 Code, the State Budget and Control Board is authorized to transfer ownership to the Town of Chesterfield of the National Guard Armory located at 207 Watson Street in the Town of Chesterfield./

Amend title to conform.

Renumber sections to conform.

Senator COURTNEY spoke on the Resolution.

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

S. 178--Ordered to a Third Reading

On motion of Senator COURTNEY, with unanimous consent, S. 178 was ordered to receive a third reading on Friday, February 21, 1997.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 188 -- Senators Drummond, Giese and Rose: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION
12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.

Ordered for consideration tomorrow.

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

S. 251 -- Senators Lander, Short, Courson, McConnell, Leatherman, Moore, Rankin, Wilson, Bryan and Martin: A BILL TO AMEND SECTION 7-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTESTS AND CONTESTS, SO AS TO DELETE MEMBERS OF THE HOUSE OF REPRESENTATIVES FROM THE LIST OF OFFICERS WHO MUST FILE PROTESTS WITH THE CHAIRMAN OF THE COUNTY PARTY EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-530, RELATING TO HEARINGS BY A COUNTY PARTY EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND TRANSCRIPTS OF THE HEARING AND TO FURTHER PROVIDE THAT A TRANSCRIPT MUST BE FILED WITH THE STATE EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-550, RELATING TO THE HEARING OF APPEALS BY THE STATE EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND THE TRANSCRIPT OF THE HEARING; AND TO AMEND SECTION 7-17-560, RELATING TO THE HEARING OF CERTAIN PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT THE STATE EXECUTIVE COMMITTEE SHALL HEAR AND DECIDE PROTESTS AND CONTESTS FOR THE OFFICES OF STATE SENATE AND HOUSE OF REPRESENTATIVES.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 264 -- Senators Lander, Bryan and Leventis: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID WITHIN FIVE WORKING DAYS OF RECEIPT OF THE REQUEST FOR FUNDS FROM THE COUNTY TREASURER .

Ordered for consideration tomorrow.

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

S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations has polled out S. 382 favorable:

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.

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

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Russell                   Rose                      Washington

TOTAL--3

Adopted

Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

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

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

H. 3176 -- Reps. Felder and Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETICS FACILITIES REVENUE BONDS, SO AS TO PROVIDE A DEFINITION OF "NET ATHLETIC REVENUES" AND RESTORE THE DEFINITION REFERRING TO THE STATE BUDGET AND CONTROL BOARD; TO REMOVE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES, SPECIAL STUDENT FEES, AND NET ATHLETIC REVENUES; TO DELETE PROVISIONS RELATED TO ADVERTISING OF ISSUES, TO PROVIDE THAT EXISTING FEES MUST BE SET AFTER THE CONSIDERATION OF NET ATHLETIC REVENUES, TO CONFORM USES OF THE BOND REVENUES AND THE SETTING OF FEES TO THE AMENDMENTS PROVIDED IN THIS ACT.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations has polled out H. 3354 favorable:

H. 3354 -- Reps. Quinn and D. Smith: A CONCURRENT RESOLUTION DECLARING APRIL 20-26, 1997, AS "SOUTH CAROLINA GOLF WEEK" FOR 1997.

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

AYES

Courson                   Matthews                  Patterson
O'Dell                    Rose                      McGill
Washington

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Wilson                    Russell                   Passailaigue

TOTAL--3

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

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.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 393 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARY ETHEL "GRANDMA" HAIGLER OF CHARLOTTE AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

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

THIRD READING BILL

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

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.

Senator HAYES explained the Bill.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 392 -- Judiciary Committee: 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.

AMENDMENT PROPOSED, 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.

Senators PEELER and RYBERG proposed the following amendment (JUD0070.002):

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/ SECTION   ____.   The 1976 Code is amended by adding:

"Section 2-19-115.   In order to be eligible for continued judicial service, a justice or judge of this State must have been reviewed in the manner provided for in this chapter and found qualified to serve by the commission within two years of his last review. A screening at the time of expiration of a justice or judge's term currently provided for by law shall be considered a review for the purposes of this section. Unless a justice or judge is being reviewed by the commission at the time of expiration of his term, a review pursuant to this section shall be advisory only and a finding of not qualified shall not be a bar to continued service.

The Judicial Merit Selection Commission shall adopt a schedule to review justices and judges currently serving in order to stagger the review of the justices and judges. This schedule must be adopted by the commission no later than six weeks after the effective date of this legislation." /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

On motion of Senator COURTNEY, with unanimous consent, the Bill was carried over.

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

CARRIED OVER

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.

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

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

RECALLED AND COMMITTED

S. 80 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-45 SO AS TO DEFINE THE CRIME OF PERFORMING A PARTIAL-BIRTH ABORTION, MAKE IT A FELONY, PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING PERFORMING A PARTIAL-BIRTH ABORTION TO THE LIST OF CRIMES DEFINED AS VIOLENT IN SECTION 16-1-60; AND BY ADDING SECTION 15-51-15 SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST ANY PERSON AIDING, ABETTING, OR PERFORMING A PARTIAL-BIRTH ABORTION.

On motion of Senator MOORE, the Bill was recalled from the Committee on Judiciary.

On motion of Senator MOORE, the Bill was committed to the Committee on Medical Affairs.

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate agreed that when it convenes on Wednesday, February 26, 1997, pursuant to the provisions of Rule 1(b), it will stand in recess following the completion of the Morning Hour until 11:50 A.M., at which time, the Senate would reconvene and assemble for the purposes of attending the Joint Assembly.

Senator DRUMMOND spoke on the motion.

Committee to Escort

The PRESIDENT appointed Senators MATTHEWS, HOLLAND, COURTNEY and LEVENTIS to escort the Honorable Ernest A. Finney, Jr., Chief Justice of the South Carolina Supreme Court, and his party to the rostrum of the House of Representatives for the Joint Assembly.

LOCAL APPOINTMENT
Confirmation

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

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to begin March 1, 1997:

Honorable Michael F. Smith, Route 1, Box 228, Pelzer, S.C. 29669 VICE John M. McCoy (resigned)

MOTION ADOPTED

On motion of Senator LEATHERMAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William J. Griffin of Florence, S.C., who passed away on February 18, 1997.

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, February 21, 1997, it stand adjourned to meet next Tuesday, February 25, 1997, at 11:00 A.M., under the provisions of Rule 1(b), which motion was adopted.

ADJOURNMENT

At 11:40 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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