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

H. 3541 -- Rep. Davenport: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND MICHAEL S. HAMLET, OF SPARTANBURG COUNTY, FOR HIS OUTSTANDING MINISTRY DURING TEN YEARS OF SERVICE AT THE FIRST BAPTIST CHURCH IN NORTH SPARTANBURG.

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

Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 330 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese and Rose: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3433 favorable:

H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.

Courson           Peeler           Wilson

Stilwell          Russell          O'Dell

Passailaigue

NOT VOTING

Matthews          Thomas           Patterson

Ordered for consideration tomorrow.

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

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

S. 278 -- Senators Mescher and Rose: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

(By prior motion of Senator MESCHER)

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

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

Senator PATTERSON proposed the following amendment (S-ADMIN\O\M\144.KP), which was adopted:

Amend the bill, as and if amended, page 1, line 25, after the word "at" insert the words,

/a building located in/.

Amend further, line 25, by striking the words

/whenever possible or if practical/.

Amend title to conform.

Senators COURTNEY and WILLIAMS spoke on the Bill.

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

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

S. 474 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

(By prior motion of Senator HOLLAND)

S. 265 -- Senators Stilwell, Courtney, Rose and Giese: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

H. 3217 -- Reps. Neilson, Hines and Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.

On motion of Senator COURTNEY, H. 3217 was ordered to receive a third reading on Friday, February 10, 1995.

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

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 (JUD0101.003), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 31, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.

However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days. The provisions of this paragraph do not effect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."/.

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. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.

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 (JUD0356.009), which was adopted:

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

/SECTION 1. Section 8-21-770(B) of the 1976 Code, as last amended by Act 470 of 1994, is further amended to read:

"(B) In estate and conservatorship proceedings, the fee shall be based upon the gross value of the decedent's probate estate or the protected person's estate as shown on the inventory and appraisement as follows:

(1) Property valuation less than $5,000.00. . . . .$ 25.00

(2) Property valuation of $5,000.00

but less than $20,000.00. . . . .$ 45.00

(3) Property valuation of $20,000.00
but less than $60,000.00. . . . .$ 67.50

(4) Property valuation of $60,000.00

but less than $100,000.00. . . . .$ 95.00

(5) Property valuation of $100,000.00

but less than $600,000.00. . . . .$ 95.00
plus .15 percent of the property valuation between $100,000.00 and $600,000.00.

(6) Property valuation of $600,000.00 or higher amount set forth in (5) above plus 1/4 of one percent of the property valuation above $600,000.00.

For purposes of this subsection, `decedent's probate estate' means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy and `protected person's estate' means the

SECTION 2. Section 14-23-1050 of the 1976 Code is amended to read:

"Section 14-23-1050. Each judge of probate and associate probate judge shall, before assuming the duties of that office, enter into bond in the sum of fifteen one hundred thousand dollars conditioned for the faithful performance of the duties of such office, which bond shall be executed and filed as prescribed in Chapter 3 of Title 8 of the 1976 Code."

SECTION 3. Section 62-3-203(e) of the 1976 Code is amended to read:

"(e) No person is qualified to serve as a personal representative who is:

(1) under the age of eighteen;

(2) a person whom the court finds unsuitable in formal proceedings;

(3) with respect to the estate of any person domiciled in this State at the time of his death, a corporation created by another state of the United States or by any foreign state, kingdom or government, or a corporation created under the laws of the United States and not having a business in this State, or an officer, employee, or agent of such foreign corporation, whether the officer, employee, or agent is a resident or a nonresident of this State, if such officer, employee, or agent is acting as personal representative on behalf of such corporation.;

(4) a probate judge for an estate of any person within his jurisdiction, except as provided in Section 62-3-1202(A)."

SECTION 4. Section 62-5-410 of the 1976 Code is amended by adding:

"(c) A probate judge or an employee of the probate court shall not serve as a conservator of an estate of a protected person; however, a probate judge or an employee of the probate court may serve as a conservator of the estate of a family member if such service does not interfere with the proper performance of the probate judge's or the employee's official duties. For purposes of this subsection, `family member' means a spouse, parent, child, brother, sister, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild."

SECTION 5. This act takes effect upon approval by the Governor, but SECTION 1 shall apply retroactively to August 15, 1994. Any person who remitted fees pursuant to Section 3 of Act 470 of 1994 may petition the court within one year of this act's effective date to obtain a refund of

Renumber sections to conform.

Amend title to conform.

Senators COURTNEY and BRYAN explained the amendment.

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

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

S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

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

Senator PATTERSON spoke on the Joint Resolution.

Senator MATTHEWS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator MATTHEWS moved that the Senate stand adjourned.

Bryan             Ford             Glover

Jackson           Lander           Matthews

McGill            O'Dell           Patterson

Saleeby           Short            Smith, G.

Washington

Alexander         Cork             Courson

Courtney          Drummond         Elliott

Giese             Gregory          Hayes

Leatherman        Leventis         Martin

Mescher           Passailaigue     Peeler

Rankin            Reese            Richter

Ryberg            Setzler          Smith, J.V.

Stilwell          Thomas           Waldrep

Williams          Wilson

The Senate refused to adjourn.

A quorum being present, the Senate resumed.

Senator COURTNEY asked unanimous consent to make a motion that for the remainder of the session, that when the Senate stands adjourned on Thursdays in statewide session, that it stand adjourned to meet on Fridays 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; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon, unless otherwise ordered by the Senate.

The motion was adopted.

Senator PATTERSON continued speaking on the Joint Resolution.

At 12:30 P.M., Senator LANDER requested a leave of absence for the balance of the day.

Senator PATTERSON continued speaking on the Joint Resolution.

Debate was interrupted, Senator PATTERSON retaining the floor.

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

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence November 8, 1994, and to expire June 30, 1996:
City of Myrtle Beach:

William Smith, Jr., 1311 Hemingway Street, Myrtle Beach, S.C. 29577

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, and to expire June 30, 1996:
City of Myrtle Beach:

John C. Stewart, Jr., 2411 Oak Street, Suite 301, Myrtle Beach, S.C. 29577

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, and to expire June 30, 1998:
City of Myrtle Beach:

Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 19, 1994, and to expire June 30, 1996:

At-Large - Chairman:

Mr. Harold C. Stowe, CSI Group, Inc., Post Office Box 260001, Conway, S.C. 29526

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