| Printed Page 1860, Apr. 19 | Printed Page 1880, Apr. 20 |

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 56-5-750 of the 1976 Code, as last amended by Section 251, Act 184 of 1993, is further amended to read:

"Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by any a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.

(B) A person who violates the provisions of this section subsection (A):

(1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years. The person's driver's license may be suspended not more than for a period not to exceed one year. A motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days.; or

(2) for a second or subsequent offense where no great bodily injury or death resulted from the violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years. Notwithstanding any other provision of law, the person's driver's license must be suspended for a period of one year from the date of the conviction.

(C) A person who violates the provisions of subsection (A) and when driving performs an act forbidden by law or neglects a duty imposed by law in the driving of the vehicle:
(1) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years; or

(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years.

(D) The department must suspend the driver's license of any person who is convicted, pleads guilty, or nolo contendere pursuant to subsections

(E) `Conviction' means any conviction, guilty plea or plea of nolo contendere.
(F) `Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ.

(G) After a conviction pursuant to subsection (B)(1) for a first offense, the person may, after three years from the date of completion of all terms and conditions of his sentence for the first offense, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the person has had no other conviction during the three-year period following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under the Freedom of Information Act or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the amendment.

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

S. 441 -- Senator Richter: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.

The Judiciary Committee proposed the following amendment (JUD0441.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, in Section 5-31- 215, as contained in SECTION 1, by striking lines 23 and 24 in their entirety and inserting therein the following:

/"Section 5-31-215. In a city with a population of more than thirty thousand persons and fewer than fifty thousand persons, according to the most recent/.

Amend title to conform.

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

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.

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

The Medical Affairs Committee proposed the following amendment (BR1\18412AC.95), which was adopted:

Amend the bill, as and if amended, Section 40-15-190(A), page 2, by deleting item (14) and inserting:

/(14) has been grossly incompetent failed to meet the standards of care in the practice of dentistry, or dental hygiene, or the performance of dental technological work;/.

Amend further, Section 40-15-190(A), by adding before the period at the end:

/;

Renumber sections to conform.

Amend title to conform.

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

S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER MEDICAID, SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE FROM WHOM RECOVERY MAY BE SOUGHT.

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

The Medical Affairs Committee proposed the following amendment (BR1\18270AC.95), which was adopted:

Amend the bill, as and if amended, by inserting before the enacting clause:

/Whereas, Section 13612 of the federal Omnibus Budget Reconciliation Act of 1993 amended Title XIX of the Social Security Act so as to mandate that states "shall seek the adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State Medicaid plan" in the case of certain persons; and

Whereas, failure to adopt these changes would have meant that South Carolina's Medicaid program no longer complied with the federal laws governing Medicaid and the loss of federal Medicaid funding would be a financial disaster since the federal government provides seventy-one percent of the funds for the Medicaid program; and

Whereas, the General Assembly reluctantly complied with the federal mandate, with particular concerns about applying the mandated estate recovery provisions to payments for noninstitutional Medicaid services since this might discourage older patients from seeking needed medical care; and

Amend further by deleting Section 2 in its entirety.

Amend further, Section 4, by inserting after /Governor/ /and applies retroactively to July 1, 1994/.

Renumber sections to conform.

Amend title to conform.

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

S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.

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

The Judiciary Committee proposed the following amendment (641R001.MBW), which was adopted:

Amend the bill, as and if amended, page 1, SECTION 1, by striking lines 39 through 41 in their entirety and inserting in lieu thereof the following:

/been discharged or separated from his service overseas in the Armed Forces of the United States, and returned home too late to register at the time when registration is required, is entitled to/

Amend the bill further, as and if amended, page 2, line 12, by striking SECTION 2 in its entirety and inserting therein the following:

/SECTION 2. Section 7-15-175 of the 1976 Code is amended to read:

SECTION 3. Section 7-5-220 of the 1976 Code is amended to read:

"Section 7-5-220. Except as provided in Section 7-5-150, Registration registration made thirty days or less before any election is not valid for that election or any second race or runoff resulting from that election but such registration shall be valid in any other election."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the amendment.

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

S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER 7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.

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

The General Committee proposed the following amendment (679R001.AGW), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 52-7-30 of the 1976 Code is amended to read:

"Section 52-7-30. The commission has direction, management, control, and supervision over all combative sports in this State including,

SECTION 2. Chapter 7 of Title 52 is amended by adding:

"Section 52-7-35. For the purpose of this chapter:

(1) Combative sports as used in this article means contests in which the participants are disposed to fight before an audience on a platform, a pad, or in an area surrounded by ropes or other markings.

(2) `Weapon' means anything that is not a part of the human body, excluding boxing gloves and equipment used in combative sports that are exempt from the provisions of this article by Section 52-7-30, which may be used to strike a person either through direct contact or the expulsion of a projectile."

SECTION 3. Chapter 7 of Title 52 is amended by adding:

"Section 52-7-145. Contests involving more than one of the combative sports or combative sports in which weapons are used shall be unlawful in this State and shall be punished in accordance with the provisions of Section 52-7-150."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

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

S. 712 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO INVITE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION'S MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM TO OBSERVE THE HOUSE AND SENATE IN SESSION ON THURSDAY, MAY 4, 1995, AND TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON FRIDAY, MAY 5, 1995, TO CONDUCT A MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM.

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

S. 713 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE BUILDINGS ON THURSDAY, NOVEMBER 30, 1995, AND FRIDAY, DECEMBER 1, 1995, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

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

S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.

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

S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF

Senator GIESE explained the Bill.

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

S. 763 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO STATE EMPLOYEE GRIEVANCE COMMITTEE RULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator COURTNEY, the Resolution was carried over.

The PRESIDENT appointed Senators GLOVER, PATTERSON, G. SMITH, MOORE and RICHTER to escort the winners of the 1995 South Carolina Folk Heritage Awards and members of their party to the House Chamber for the Joint Assembly.

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH

The PRESIDENT appointed Senators GLOVER, PATTERSON, G. SMITH, MOORE and RICHTER to the Escort Committee on behalf of the Senate.

The Speaker appointed Representatives Limehouse, Seithel, Phillips, Clyburn and J. Harris to the Escort Committee on behalf of the House of Representatives.

The Escort Committees of the Senate and House accompanied the winners of the 1995 South Carolina Folk Heritage Award and the members of the 1995 South Carolina Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.

The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates by the PRESIDENT honoring their respective talents.

The winners entertained the members of the Joint Assembly -- Ms. Agnes Brown of McClellanville, a 108 year-old African-American preservationist of the Lowcountry's Gullah folklife; Mr. Ike Carpenter of Trenton, a third generation wood carver and furniture maker who displayed examples of his trade; the All Male Chorus of Blacksburg, an African-American a cappella gospel choir, entertained with their singing abilities; and Mr. Roger Bellow of Mt. Pleasant, a scholar, teacher, performer, and proponent of early country and blue grass music, entertained with his musical talents.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:40 P.M., the Senate resumed.

At 12:41 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

| Printed Page 1860, Apr. 19 | Printed Page 1880, Apr. 20 |

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