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

THURSDAY, MARCH 20, 1997

Thursday, March 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 words from St. Matthew, Chapter 9 (vv.35, 36):

"Then Jesus went about all the cities and

villages, teaching in their synagogues, and

proclaiming the good news of the kingdom...

When he saw the crowds, he had compassion

for them, because they were harassed and

helpless, like sheep without a shepherd."
Let us pray.

Heavenly Father, sometimes we can't work up any great enthusiasm for crowds. They are so easily out of control.

Give us the ability, like Jesus of Nazareth, to see the little faces in the crowds... the frightened child... the lonely widow... the young man with too much money... the man born blind... the troubled father... the conscience-torn sinner.

Motivate us, here, and in our neighborhoods back home, to touch one, then another, till all feel the reality of a great supporting fellowship that we know as a concerned government of the people and by the people.

Help us to become a nation of citizens who are willing to identify not only our rights and privileges, but also our obligations and responsibilities.

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

February 11, 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

Statewide Appointment

Reappointment, State Board of Social Work Examiners, with term to commence November 27, 1995, and to expire November 27, 1999:

Public:

Ms. Ruth B. Herron, 114 Fabrica Street, Clemson, S.C. 29631-1110

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 4, 1997
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointments

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 1995, and to expire June 30, 1999:

1st Congressional District:

Ms. Eaddy Lynn Roe, 6513 Somerset Drive, Myrtle Beach, S.C. 29572 VICE Henrietta F. Gaillard

Referred to the Committee on Judiciary.

Reappointment, State Human Affairs Commission, with term to commence June 30, 1997, and to expire June 30, 2000:

4th Congressional District:

Mr. Harris G. Andrews, 9 Selwyn Drive, Greenville, S.C. 29615-1726

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 6, 1997
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointments

Reappointment, Commission of Hearing Aid Specialists, with term to commence November 1, 1997, and to expire November 1, 2001:

Dealer:

Mr. Richard L. Deibel, 135 Sparrow Drive, Isle of Palms, S.C. 29451

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Mental Health Commission, with term to commence March 21, 1997, and to expire March 21, 2002:

2nd Congressional District:

Mrs. Brenda H. Council, 493 Brewton Street, Orangeburg, S.C. 29115

Referred to the Committee on Medical Affairs.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2160
Promulgated by Department of Health and Environmental Control
Dams and Reservoirs Safety Act Regulations
Received by Lt. Governor March 18, 1997
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date July 16, 1997

Document No. 2169
Promulgated by Department of Labor, Licensing and Regulation - Board of Nursing
Licensure by Examination for Registered Nurse and Licensed Practical Nurse
Received by Lt. Governor March 19, 1997
Referred to Senate Committee on Medical Affairs
120 day review expiration date July 17, 1997

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 2047
Promulgated by Department of Consumer Affairs
28-62. Adjustment of Dollar Amounts
Received by Lt. Governor May 28, 1996
Referred to Senate Committee on Banking and Insurance
120 day review expiration date revised April 14, 1997
Withdrawn and resubmitted March 19, 1997

Document No. 2110
Promulgated by Department of Labor, Licensing and Regulation - Board of Cosmetology
Qualifications and Provisions for Licensure
Received by Lt. Governor January 17, 1997
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date revised June 5, 1997
Withdrawn and resubmitted March 19, 1997

Doctor of the Day

Senator WILSON introduced Dr. Thomas Gibbons of West Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WASHINGTON, at 11:30 A.M., Senator JACKSON was granted a leave of absence for today.

Leave of Absence

On motion of Senator COURTNEY, at 11:30 A.M., Senator SALEEBY was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 558 -- Senators Drummond and McGill: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.

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

S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.

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

S. 560 -- Senator Anderson: A SENATE RESOLUTION TO RECOGNIZE MS. AGNES DAVIS YOUNG FOR HER OUTSTANDING DEDICATION AS THE DIRECTOR OF SENIOR CITIZENS, CITY OF GREER, ON THE OCCASION OF THE SENIOR CITIZEN'S BANQUET ON FRIDAY, APRIL 4, 1997.

The Senate Resolution was adopted.

S. 561 -- Senators Wilson, Courson, Giese and Ryberg: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE HAMILTON LOTT OF COLUMBIA.

The Senate Resolution was adopted.

S. 562 -- Senators Moore, Ryberg and Setzler: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS FOR PURPOSES OF AN ANNUAL JOB TAX CREDIT, SO AS TO PROVIDE FOR AND PLACE A TIME LIMIT ON A TAYPAYER ELECTION FOR DETERMINATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS AND TO DEFINE "SINGLE SITE".

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

S. 563 -- Senator Washington: A BILL TO AMEND SECTION 8-15-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL SALARY SUPPLEMENTS FOR COUNTY OFFICERS, SO AS TO PROVIDE THAT THE STATE PORTION OF THE SALARIES OF COUNTY AUDITORS AND COUNTY TREASURERS SHALL BE SUBJECT TO THE SAME COST OF LIVING INCREASES GIVEN TO STATE EMPLOYEES.

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

S. 564 -- Senator Martin: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE DEED RECORDING FEE, SO AS TO INCLUDE AN EXEMPTION FOR DEEDS GRANTING RIGHT-OF-WAY EASEMENTS.

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

S. 565 -- Senator Moore: A BILL TO AMEND ACT 178 OF 1995, RELATING TO THE BOARD OF ELECTION AND REGISTRATION OF MCCORMICK COUNTY, SO AS TO FURTHER DEFINE THE PROCEDURE FOR APPOINTING MEMBERS TO THAT BOARD.

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

H. 3175 -- Rep. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS; TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE THOSE CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; AND TO REPEAL CHAPTER 10 OF TITLE 6 RELATING TO THE SOUTH CAROLINA BUILDING ENERGY EFFICIENCY STANDARD ACT.

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

H. 3635 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2069, 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 Banking and Insurance.

H. 3644 -- Reps. Robinson, Altman, G. Brown, Neilson, Barrett, Whatley, Stoddard, Simrill, Wilkins, Harrison, Allison, Townsend, Sandifer, Limehouse, Limbaugh, Trotter, Cotty, Kelley, Woodrum, Neal, Young, McKay, Wilder, Webb, M. Hines, Dantzler, Rodgers, Cooper, Koon, Rhoad, Breeland, Bowers, Quinn, Miller, J. Hines, Mason, Mack, Leach, Cromer, Cato, Harvin, Gamble, Campsen, Edge, Littlejohn, Keegan, Davenport, Haskins, Battle, Lee, Harrell, Witherspoon and Hawkins: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO EQUALIZE AMONG THE STATES THE DISTRIBUTION OF FEDERAL GASOLINE TAXES CONTRIBUTED TO THE FEDERAL HIGHWAY TRUST FUND.

Introduced and referred to the Committee on Finance.

H. 3663 -- Reps. Wilkins, Haskins, Harrison, J. Brown, Sharpe, Townsend, Cato, H. Brown and D. Smith: A BILL TO AMEND SECTION 10-1-163, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATIONS WHEN THE STATE HOUSE IS REOCCUPIED, SO AS TO AUTHORIZE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE TO APPROVE THE LOCATION OF THESE ITEMS IN THEIR RESPECTIVE CHAMBERS AND PROVIDE THAT THE LOCATION OF THESE ITEMS LOCATED OUTSIDE OF THE RESPECTIVE CHAMBERS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.

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

H. 3666 -- Reps. Wilkins, Haskins, J. Brown, H. Brown, Sharpe, Cato, Harrison, Townsend and D. Smith: A JOINT RESOLUTION TO ESTABLISH A 1998 SOUTHERN LEGISLATIVE CONFERENCE HOST COMMITTEE WHICH SHALL HAVE THE RESPONSIBILITY OF PLANNING AND MAKING ALL ARRANGEMENTS FOR THE 1998 ANNUAL MEETING OF THE SOUTHERN LEGISLATIVE CONFERENCE WHICH WILL BE HELD IN CHARLESTON, SOUTH CAROLINA, IN AUGUST 1998.

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

H. 3678 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING WALKER-GAMBLE ELEMENTARY SCHOOL, OF NEW ZION, SOUTH CAROLINA, ON BEING SELECTED BY THE SOUTH CAROLINA STATE COUNCIL OF THE INTERNATIONAL READING ASSOCIATION AS THE EXEMPLARY READING AWARDS WINNER FOR THE 1996-97 SCHOOL YEAR.

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

H. 3692 -- Reps. Clyburn and Stille: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA AT THE DEATH OF ROBERT STONE GALLOWAY, JR., OF GREENVILLE COUNTY, AND EXTENDING ITS SYMPATHY TO HIS FAMILY.

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

H. 3696 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND MR. W. H. "HAM" HUDSON, PRESIDENT OF OCONEE MEMORIAL HOSPITAL, FOR HIS OUTSTANDING LEADERSHIP OF THIS FINE HEALTH CARE FACILITY AND FOR HIS DEDICATED SERVICE TO HIS COMMUNITY AND PROFESSION.

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

REPORTS OF STANDING COMMITTEES

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

S. 204 -- Senator Courson: A BILL TO AMEND SECTION 38-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 289 -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.

Ordered for consideration tomorrow.

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

S. 294 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-28 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE GREENWOOD WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 315 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:

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 WILLFUL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

S. 412 -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-225 SO AS TO PROVIDE THAT A BANK, FINANCIAL ORGANIZATION, OR OTHER ENTITY ISSUING A CREDIT OR DEBIT CARD MAY NOT HOLD OR BLOCK FROM THE UNDERLYING ACCOUNT OR LINE OF CREDIT MORE THAN ONE HUNDRED PERCENT OF THE AMOUNT OR VALUE OF A PURCHASE OR TRANSACTION ENTERED INTO BY THE HOLDER OR ANOTHER AUTHORIZED USER OF THE CREDIT OR DEBIT CARD.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

S. 451 -- Senators McConnell and Giese: A BILL TO REPEAL SECTION 2, ACT 394 OF 1994, RELATING TO THE THREE-YEAR PROSPECTIVE REPEAL WHICH PROHIBITS A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

S. 452 -- Senator McConnell: A BILL TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS, AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 38-13-330 AND 38-13-370, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988 AND ON JULY FIRST OF EACH FOLLOWING YEAR.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 453 -- Senator McConnell: A BILL TO AMEND SECTIONS 38-3-150, 38-3-170, 38-3-190, 38-3-210, 38-5-140, 38-13-20, 38-19-825, 38-21-90, 38-21-125, 38-25-160, 38-26-40, 38-27-60, 38-27-80, 38-27-520, 38-29-90, 38-29-100, 38-31-70, 38-31-80, 38-31-170, 38-33-80, 38-33-200, 38-33-210, 38-33-230, 38-39-30, 38-39-40, 38-39-60, 38-41-110, 38-43-100, 38-43-130, 38-44-70, 38-45-140, 38-46-110, 38-47-70, 38-51-20, 38-53-160, 38-57-200, 38-57-210, 38-57-230, 38-59-30, 38-61-20, 38-70-40, 38-71-310, 38-71-510, 38-71-720, 38-71-940, ALL AS AMENDED, SECTIONS 38-71-1330, 38-71-1360, 38-71-1380, 38-71-1390, 38-71-1410, 38-71-1420, 38-71-1430, SECTIONS 38-73-120, 38-73-130, 38-73-457, 38-73-465, 38-73-750, ALL AS AMENDED, SECTION 38-73-775, SECTIONS 38-73-910, 38-73-915, 38-73-990, 38-73-1000, 38-73-1010, 38-73-1020, 38-73-1030, 38-73-1080, 38-73-1090, ALL AS AMENDED, SECTION 38-73-1095, SECTIONS 38-73-1100, 38-73-1240, 38-73-1260, 38-73-1270, 38-73-1320, 38-73-1340, 38-73-1350, 38-73-1370, 38-73-1380, 38-73-1420, 38-73-1430, 38-73-1530, 38-73-1720, 38-74-20, 38-75-370, 38-75-410, 38-75-980, 38-77-115, 38-77-580, 38-77-610, 38-79-140, 38-79-230, 38-81-250, 38-81-340, 38-83-40, 38-83-130 and 38-89-40, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO, AMONG OTHER THINGS, CLARIFY THE JURISDICTIONS OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND THE ADMINISTRATIVE LAW JUDGE DIVISION IN THE CONDUCT OF ADMINISTRATIVE HEARINGS AND CORRECT REFERENCES TO THE FORMER OFFICE OF CHIEF INSURANCE COMMISSIONER.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

H. 3257 -- Reps. Kelley and Keegan: A BILL TO AMEND SECTION 38-79-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICY FORMS, PROVISIONS, AND RATES; SECTION 38-79-260, AS AMENDED, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION; AND SECTION 38-79-430, AS AMENDED, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO REMOVE THE INVOLVEMENT OF THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE IN THE ASSOCIATION AND THE FUND; AND TO REPEAL SECTION 38-79-270 RELATING TO APPEALS OF ACTIONS OF THE STATE MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 555 -- Senator Hutto: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE MARGARET KENNEDY THOMPSON, PROBATE JUDGE OF ORANGEBURG COUNTY, WHO PASSED AWAY MARCH 12, 1997.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 556 -- Senators Passailaigue, McConnell, Ravenel, Washington, Mescher, Ford, Williams and Rose: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. BARBARA LANGER PEARLSTINE OF CHARLESTON UPON HER DEATH.

Returned with concurrence.

Received as information.

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

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

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 DEADLINE 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.

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 3 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE POLL'S SPONSOR MUST BE ON FILE WITH THE COMMISSION, TO PROVIDE AN EXCEPTION AND THE COVERED PERIOD AND APPLICABILITY TO PRIMARIES AND RUN-OFF ELECTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (Jud0003.002), which was adopted:

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

/SECTION   1.   The 1976 Code is amended by adding:

"Section 7-3-45 .   (A)   For purposes of this section:

(1)   'Commission' means the State Election Commission.

(2)   'Initiated' means the beginning of the conduct of the first and any subsequent poll.

(3)   'Poll' means the solicitation of opinions or of answers to questions posed to the public when the person taking the poll or the text of the poll itself refers to, by name, (a) any candidate in any election held pursuant to this title or (b) any political party; the word 'poll' applies only to a poll paid for or authorized by a candidate or a candidate's committee, as respectively defined in Section 8-13-1300.

(B)   The provisions of this section apply to polls conducted at any time during the six-month period prior to the general election.

(C)   The entity in charge of conducting a poll must file the name of the person or persons who authorized, donated, paid for, or sponsored the poll, or any combination of these, together with the text of the poll with the commission on the next regular working day of the commission after the poll is initiated. However, if the poll is initiated ten days or less before the general election, the information must be filed before the poll is initiated.

(D)   The information required to be filed with the commission is subject to disclosure under Chapter 4 of Title 30. The commission must maintain records of information filed pursuant to this section for one hundred twenty days after the general election.

(E)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than thirty days, or both."

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 with notice of general amendments.

SECOND READING BILLS

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

S. 283 -- Senators Hutto and Giese: A BILL TO AMEND SECTION 1-7-310 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLICITORS, SO AS TO REQUIRE SOLICITORS TO BE LICENSED TO PRACTICE LAW BY THE SOUTH CAROLINA BAR AT THE TIME OF HIS ELECTION AND THROUGHOUT HIS TERM AND TO DELETE OUT-DATED REFERENCES.

S. 283--Ordered to a Third Reading

On motion of Senator GIESE, with unanimous consent, S. 283 was ordered to receive a third reading on Friday, March 21, 1997.

S. 320 -- Senator Rose: A BILL TO AMEND SECTION 7-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS PROHIBITED FROM SERVING AS A POLL MANAGER OR CLERK, SO AS TO INCLUDE FATHER-IN-LAW, MOTHER-IN-LAW, BROTHERS-IN-LAW, AND SISTERS-IN-LAW WITHIN THE GROUP THAT IS PROHIBITED FROM SERVICE.

Senator COURTNEY explained the Bill.

S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.

S. 553 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 553--Ordered to a Third Reading

On motion of Senator GIESE, with unanimous consent, S. 553 was ordered to receive a third reading on Friday, March 21, 1997.

AMENDED, READ THE SECOND TIME

S. 85 -- Senator Wilson: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL JUDGE MAY ORDER RESTITUTION HE CONSIDERS APPROPRIATE IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD0085.001), 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 14-25-65 of the 1976 Code, as last amended by Act No. 171 of 1993, is further amended to read:

"Section 14-25-65.   Whenever the If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he the judge may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed one thousand dollars."

SECTION   2.   Section 22-3-550 of the 1976 Code, as last amended by Act. No. 138 of 1995, is further amended to read:

"Section 22-3-550.   (A)   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. In addition, a magistrate may order restitution he considers appropriate in an amount not to exceed one thousand dollars.

(B)   However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution and damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

SECTION   3.   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.

AMENDED, READ THE SECOND TIME

S. 282 -- Senators Anderson, Patterson, Washington, Matthews, Williams, Glover and Ford: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS FROM LIABILITY FOR GOVERNMENTAL ENTITIES UNDER THE GOVERNMENTAL TORT CLAIMS ACT, SO AS TO EXEMPT COUNTY SHERIFFS DEPARTMENTS AND MUNICIPAL LAW ENFORCEMENT DEPARTMENTS FROM LIABILITY WHEN ESCORTING FUNERAL PROCESSIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD0282.001), which was adopted:

Amend the bill, as and if amended, page 1, line 28, as contained in SECTION 1, by inserting the following after the word /processions/:

/unless the escorts are provided in a grossly negligent manner/

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. 282--Ordered to a Third Reading

On motion of Senator ANDERSON, with unanimous consent, S. 282 was ordered to receive a third reading on Friday, March 21, 1997.

CARRIED OVER

The following Bills and Resolution were carried over:

S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.

(On motion of Senator COURTNEY)

S. 357 -- Senators Saleeby and Wilson: 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 FURTHER PROVIDE FOR THE FILING REPOSITORY FOR THESE STATEMENTS; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO CHANGE THE FILING REPOSITORIES FOR THESE ITEMS; TO AMEND SECTION 7-13-40, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO REQUIRE THAT PARTIES NOMINATING CANDIDATES BY PARTY PRIMARY MUST VERIFY QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-45, RELATING TO FILING AS A CANDIDATE, SO AS TO PROVIDE WHERE PERSONS MAY FILE AS CANDIDATES; AND TO AMEND SECTION 7-13-350, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT POLITICAL PARTIES NOMINATING CANDIDATES BY PRIMARY OR CONVENTION MUST VERIFY THE QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO CERTIFICATION TO THE AUTHORITY CHARGED BY LAW WITH PREPARING THE BALLOT.

(On motion of Senator MOORE)

S. 464 -- Senators Ford and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF JUSTICE TO APPOINT A SPECIAL PROSECUTOR TO INVESTIGATE THE FINDINGS MADE BY A UNITED STATES DISTRICT COURT JUDGE THAT PROSECUTORS EMPLOYED IN THE UNITED STATES ATTORNEY'S OFFICE FOR THE DISTRICT OF SOUTH CAROLINA COMMITTED EGREGIOUS PROSECUTORIAL MISCONDUCT IN THE COURSE OF PROSECUTING CASES UNDER THE STING OPERATION POPULARLY KNOWN AS "OPERATION LOST TRUST".

(On motion of Senator COURTNEY)

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, with unanimous consent, the Bill was carried over with Senator RYBERG retaining the floor.

MOTION ADOPTED

Senator DRUMMOND asked unanimous consent to make a motion that when the Senate stands adjourned on Wednesday, March 26, 1997, that it stand adjourned to meet for local and uncontested matters on Monday, March 31, 1997, at 11:00 A.M.; and that when the Senate stands adjourned on Monday, March 31, 1997, that it stand adjourned to meet in statewide session on Tuesday, April 1, 1997, at 12:00 Noon.

There was no objection and the motion was adopted.

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 21, 1997, it stand adjourned to meet next Tuesday, March 25, 1997, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:34 P.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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