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 the Epistle to the Hebrews, Chapter 11 (vv.6-7):

"And without faith it is impossible to please

God, for whoever would approach Him must

believe that He exists and that He rewards

those who seek Him. By faith Noah, warned

by God about events as yet unseen, respected the

warning and built an ark to save his household;"
Let us pray.

We thank You, Lord, for the transcendent miracle that You made us for fellowship with Yourself.

Help us by our thoughts... and words... and deeds to manifest our kinship with You in our world.

Bless all those who are fighting for survival and for righteousness anywhere in our world that are calling on You for help.

Even upon us, here, have mercy!

Amen.

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

Senator GIESE introduced Dr. Marion F. Mc Farland, III of Columbia, S.C., Doctor of the Day.

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

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.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from Legislative Council.

Having voted on the prevailing side, Senator HOLLAND asked unanimous consent to make a motion to reconsider the vote whereby the Senate concurred in the House amendments and ordered the Bill enrolled for Ratification.

There was no objection.

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

H. 3706 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MOTOR VEHICLE MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

Senator DRUMMOND 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 DRUMMOND asked unanimous consent to give the Joint Resolution a second reading.

There was no objection.

The following were introduced:

S. 627 -- Senator Courtney: A BILL TO AMEND CHAPTER 6, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-143, SO AS TO PROVIDE THAT A COMMISSIONED TROOPER OR OFFICER OF THE DEPARTMENT MAY WEAR HIS UNIFORM AND USE HIS WEAPON WHILE PERFORMING A PRIVATE JOB IN HIS OFF-DUTY HOURS.

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

S. 628 -- Senators Fair, Moore and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15A TO ARTICLE III SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO AMEND OR REPEAL REGULATIONS PROMULGATED BY A STATE AGENCY, BOARD, COMMISSION, OR AUTHORITY.

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

S. 629 -- Senators Holland and McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO RULES AND THE DISCIPLINE OF PERSONS ADMITTED TO PRACTICE LAW, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL MAKE RULES GOVERNING THE PRACTICE AND PROCEDURE IN ALL COURTS OF THIS STATE SUBJECT TO STATUTORY LAW AND LEGISLATIVE APPROVAL; TO FURTHER PROVIDE THAT THE SUPREME COURT SHALL MAKE NO RULE THAT INFRINGES, EITHER DIRECTLY OR BY IMPLICATION, UPON THE GENERAL ASSEMBLY'S POWER TO QUALIFY AND ELECT JUDGES; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS PRECLUDING THE REMOVAL OF A JUDGE BY IMPEACHMENT NOR IS THE GENERAL ASSEMBLY, IN A JUDICIAL IMPEACHMENT PROCEEDING, BOUND BY THE SUPREME COURT'S FINDINGS OF FACT OR CONCLUSIONS OF LAW MADE IN A DISCIPLINARY PROCEEDING UNDER THIS SECTION.

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

S. 630 -- Senator Fair: A BILL TO AMEND SECTION 44-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHORT TITLE OF ARTICLE 3, CHAPTER 7, TITLE 40; TO AMEND SECTION 44-7-120, AS AMENDED, RELATING TO THE PURPOSE OF THIS ARTICLE; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THIS ARTICLE; TO AMEND SECTION 44-7-140, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER THE CERTIFICATE OF NEED PROGRAM AND HEALTH FACILITY LICENSURE; TO AMEND SECTION 44-7-150, RELATING TO DUTIES OF THE DEPARTMENT; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO FACILITIES TO WHICH THIS ARTICLE APPLIES, SO AS TO DELETE PROVISIONS RELATING TO THE CERTIFICATE OF NEED PROGRAM; AND TO REPEAL SECTIONS 44-7-160, 44-7-180, 44-7-185, 44-7-190, 44-7-200, 44-7-210, 44-7-220, 44-7-230, AND 44-7-240, ALL RELATING TO THE CERTIFICATE OF NEED PROGRAM AND POWERS AND PROCEDURES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATIVE TO THE CERTIFICATE OF NEED PROGRAM.

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

S. 631 -- Senator Leventis: A BILL TO AMEND SECTION 44-2-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND SO AS TO CLARIFY THAT THE SUPERB FINANCIAL RESPONSIBILITY FUND CAN PAY CLAIMS DIRECTLY, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S INTERVENTION COSTS NOT AFFECT THE PER OCCURRENCE COVERAGE AMOUNTS, AND TO CLARIFY THAT, AS ACCOUNT AND FUND ADMINISTRATORS, THE STATE AND DEPARTMENT DO NOT ASSUME ADDITIONAL LIABILITY WHEN FUNDING IS INSUFFICIENT; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO UNDERGROUND STORAGE TANK REQUIREMENTS SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS, TO AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO REQUIRE AN ANNUAL REGISTRATION FEE FOR REGULATED TANKS, TO AUTHORIZE THE DEPARTMENT TO ASSESS PENALTIES FOR LATE FEES AND TO PROHIBIT THE DEPARTMENT FROM DISBURSING MONIES FROM THE SUPERB ACCOUNT OR SUPERB FINANCIAL RESPONSIBILITY FUND TO OWNERS OR OPERATORS WHO OWE FEES OR PENALTIES; TO AMEND SECTION 44-2-80, AS AMENDED, RELATING TO RELEASE OF REGULATED SUBSTANCES, SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS; AND TO AMEND SECTION 44-2-140, RELATING TO ENFORCEMENT OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ENFORCE THE ACT AND TO AUTHORIZE THE DEPARTMENT TO SUSPEND THE DISPENSING OF A PETROLEUM PRODUCT FROM TANKS THAT POSE AN IMMINENT HAZARD.

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

S. 632 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1999, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED UPON STATE AGENCIES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

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

S. 633 -- Senator Rose: A BILL TO AMEND ARTICLE 1, CHAPTER 27, TITLE 58 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES, BY ADDING SECTION 58-27-35 SO AS TO PROVIDE THAT NO CONTRACT OR AGREEMENT FOR THE PROVISION OF ELECTRIC POWER SHALL BE PERMITTED UNLESS THE ENTITY PROPOSING TO PROVIDE THE ELECTRIC POWER IS AUTHORIZED BY LAW TO PROVIDE ELECTRIC POWER ON THE DATE THE CONTRACT OR AGREEMENT IS EXECUTED; AND TO FURTHER PROVIDE THAT ANY CONTRACT OR AGREEMENT REGARDING THE PROVISION OF ELECTRIC POWER ENTERED INTO BETWEEN: (1) AN ENTITY THAT WAS NOT AUTHORIZED TO PROVIDE ELECTRIC POWER ON THE DATE THE CONTRACT OR AGREEMENT WAS EXECUTED, AND (2) A PERSON TO WHOM ELECTRIC POWER IS PROPOSED TO BE PROVIDED BY THE ENTITY WHEN THE ENTITY IS SO AUTHORIZED, IS HEREBY DECLARED VOID AB INITIO, WHETHER THE CONTRACT OR AGREEMENT WAS EXECUTED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

Senator ROSE spoke on the Bill.

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

H. 3341 -- Reps. Cooper, Trotter, Sandifer, Davenport, Kelley, Young-Brickell, Quinn, Rhoad, Keegan, Barrett, Meacham, Cato and Fleming: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.

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

H. 3838 -- Rep. Witherspoon: A CONCURRENT RESOLUTION WELCOMING HOUSE OF BLUES TO THE GRAND STRAND AND THE PALMETTO STATE AND DECLARING MAY 4, 1997, AS "HOUSE OF BLUES DAY" IN SOUTH CAROLINA.

Whereas, the Grand Strand is, with great excitement and anticipation, preparing for the opening of House of Blues-Myrtle Beach; and

Whereas, House of Blues is based in Hollywood, California, and House of Blues-Myrtle Beach, a premier entertainment complex and dining establishment, is set to open its doors to the public in May, 1997; the 57,000-square foot North Myrtle Beach site will feature a 300-seat restaurant and 200-seat outdoor patio, both of which will have stages with excellent sight lines for viewing live performances; set apart from the restaurant will be a magnificent concert hall which will accommodate up to 2,000 people; and

Whereas, as a live concert venue with music seven nights a week, House of Blues-Myrtle Beach will be "home" to nationally recognized musical artists and groups and will also be a springboard for up-and-coming local talent; and

Whereas, House of Blues-Myrtle Beach will be wonderful for the Grand Strand and the State of South Carolina and we are very happy that California-based House of Blues will be a part of the Palmetto State's ever-growing, first class entertainment industry. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, welcomes House of Blues to the Grand Strand and the Palmetto State and declares May 4, 1997, as "House of Blues Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to House of Blues, Corporate Publicity Office, 8439 Sunset Boulevard, Suite 306, West Hollywood, California 90069.

Introduced and referred to the Committee on Invitations.

H. 3839 -- Rep. Harvin: A CONCURRENT RESOLUTION THANKING THE REVEREND CARNELL HAMPTON OF CLARENDON COUNTY FOR HIS MANY YEARS OF SERVICE AS A MEMBER AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT THREE.

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

H. 3841 -- Rep. McLeod: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF OLIN F. "SCRAP" BERRY OF SILVERSTREET, NEWBERRY COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 83 -- Senator Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF CASES BEFORE THE FAMILY COURT, BY ADDING SECTION 20-7-1530, SO AS TO PROVIDE FACTORS WHICH MUST BE CONSIDERED IN DETERMINING THE CUSTODY OF MINOR CHILDREN; AND TO ADD SUBARTICLE 2, SO AS TO PROVIDE FOR SPECIAL VISITATION PROVISIONS WHICH A COURT MAY ORDER WHEN AWARDING VISITATION IN CASES INVOLVING DOMESTIC AND FAMILY VIOLENCE.

Ordered for consideration tomorrow.

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

S. 89 -- Senator Holland: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS.

Ordered for consideration tomorrow.

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

S. 233 -- Senators Hayes and Russell: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM AND BALLOT FOR THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO DELETE THE REQUIREMENT THAT THE REFERENDUM TO IMPOSE THE TAX MUST BE HELD ON THE TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER AND PROVIDE THAT THE REFERENDUM MAY BE HELD AT A TIME AS DETERMINED BY THE GOVERNING BODY OF THE COUNTY.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a majority favorable with amendment and Senator MARTIN a minority unfavorable report on:

S. 273 -- Senator McConnell: A BILL TO AMEND SECTION 15-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO INCLUDE TORT ACTIONS AGAINST A DEFENDANT.

Ordered for consideration tomorrow.

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

S. 378 -- Senators Wilson and Giese: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 446 -- Senator McConnell: A BILL TO AMEND SECTIONS 58-25-30, 58-25-35, 58-25-40, AND 58-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CHANGE EACH REFERENCE OF "CITY" TO "MUNICIPALITY".

Ordered for consideration tomorrow.

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

S. 482 -- Senator Ryberg: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.

Ordered for consideration tomorrow.

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

S. 591 -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY, OTHER THAN A JUDICIAL OFFICE, WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.

Ordered for consideration tomorrow.

Senator ROSE from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

S. 604 -- Senators Rose, Drummond, Courson and Giese: A BILL TO AMEND SECTION 1-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF THE SECRETARY OF STATE, SO AS TO PROVIDE THAT A PERSON ELECTED SECRETARY OF STATE IN THE 1998 GENERAL ELECTION OR THEREAFTER SHALL RECEIVE NO COMPENSATION AND EXERCISE NO FUNCTIONS OR DUTIES, AND THAT THE FUNCTIONS AND DUTIES OF THE SECRETARY OF STATE MUST BE DEVOLVED UPON THE GOVERNOR OR HIS DESIGNEE.

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. 203 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR CERTAIN MINIMUM AUTOMOBILE INSURANCE COVERAGES, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.

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.

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

Senators MOORE and THOMAS proposed the following amendment (315R016.TLM), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting in lieu thereof the following:

/SECTION   1.   Section 24-3-550 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-3-550.   At an execution, the executioner and necessary staff, at the discretion of the Director of the Department of Corrections, to carry out the execution properly, a group of not more than two respectable citizens of the State designated by the director, and a group of not more than five representatives of the South Carolina media, one of whom shall represent the dominant wire service, two of whom shall represent the print media, and two of whom shall represent the electronic news media, must be present.

(A)   To carry out an execution properly, the executioner and necessary staff must be present at the execution. In addition, the following persons may be present:

(1)   two representatives, approved by the director, of the family of a victim for whom a death penalty was imposed, provided, that if there is more than one victim, the director may reduce the number of family representatives to one representative for each victim's family; provided further, that if there are more than two victims, the director may restrict the total number of victims' representatives present in accordance with the space limitations of the Capital Punishment Facility;

(2)   the solicitor, or an assistant solicitor designated by the solicitor, for the county where the offense occurred; and

(3)   a group of not more than five representatives of the South Carolina media, one of whom must represent the dominant wire service, two of whom must represent the print media, and two of whom must represent the electronic news media.

(B)   The counsel for the convict and a minister of the gospel may be present.

(C)   The department shall promulgate regulations to govern the selection of media representatives.

(D)   No audio recorders, cameras, or recording devices are allowed Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution.

(E)   For security purposes, the director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility."/

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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

H. 3772 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Littlejohn: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PURCHASE AND HOLD LAND FOR SALE AT A LATER DATE TO ONE OR MORE INDUSTRIAL CUSTOMERS.

(By prior motion of Senator HAYES, with unanimous consent)

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

S. 409 -- Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler, Moore and Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS TO RAISE AND EXPEND REVENUE SO AS TO SPECIFY THE PROCEDURES THAT MUST BE FOLLOWED. (ABBREVIATED TITLE)

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

On motion of Senator DRUMMOND, the Bill was carried over with Senator LEVENTIS retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 329 -- Senator Passailaigue: A BILL TO AMEND SECTION 11-27-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITS, SO AS TO EXEMPT FROM THE CONSTITUTIONAL DEBT LIMITATION REVENUE DERIVED BY GOVERNMENTAL ENTITIES FROM ACTIVITY OTHER THAN THE EXERCISE OF THE POWER OF AD VALOREM TAXATION.

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

Senator PASSAILAIGUE spoke on the Bill.

Senator LEATHERMAN spoke on the Bill.

At 11:50 A.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed five minutes.

At 11:55 A.M., the Senate resumed.

Senator LEATHERMAN spoke on the Bill.

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

At 12:02 P.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:00 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, S. 595, adopted by both Houses:

S. 595 -- Senator McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997.

The PRESIDENT announced that nominations were in order to elect a successor to fill the position of Chief Judge, Court of Appeals.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable William T. Howell had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable William T. Howell was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William T. Howell was duly elected Chief Judge, Court of Appeals, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Court of Appeals, Seat #6.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Jasper M. Cureton had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Jasper M. Cureton was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jasper M. Cureton was duly elected Judge, Court of Appeals, Seat #6, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Fifth Judicial Circuit, Seat #3.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Costa M. Pleicones had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Costa M. Pleicones was placed in nomination.

Senator LEVENTIS spoke on the nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Costa M. Pleicones was duly elected Judge, Fifth Judicial Circuit, Seat #3, for the term prescribed by law.

Senator LEVENTIS desired to be recorded as voting in favor of the Honorable Costa M. Pleicones.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Ninth Judicial Circuit, Seat #3.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable A. Victor Rawl had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable A. Victor Rawl was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable A. Victor Rawl was duly elected Judge, Ninth Judicial Circuit, Seat #3, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Thirteenth Judicial Circuit, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Larry R. Patterson had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Larry R. Patterson was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Larry R. Patterson was duly elected Judge, Thirteenth Judicial Circuit, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Fourteenth Judicial Circuit, Seat #1.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Jackson V. Gregory had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Jackson V. Gregory was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jackson V. Gregory was duly elected Judge, Fourteenth Judicial Circuit, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Fifteenth Judicial Circuit, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable David H. Maring, Sr. had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable David H. Maring, Sr. was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable David H. Maring, Sr. was duly elected Judge, Fifteenth Judicial Circuit, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #1.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Paula H. Thomas had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Paula H. Thomas was placed in nomination.

Senator MARTIN seconded the nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paula H. Thomas was duly elected Judge, Circuit Court, At-Large, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable R. Markley Dennis, Jr. had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable R. Markley Dennis, Jr. was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable R. Markley Dennis, Jr.was duly elected Judge, Circuit Court, At-Large, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #3.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Malcolm Duane Shuler had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Malcolm Duane Shuler was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Malcolm Duane Shuler was duly elected Judge, Circuit Court, At-Large, Seat #3, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #4.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Joseph J. Watson had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Joseph J. Watson was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Joseph J. Watson was duly elected Judge, Circuit Court, At-Large, Seat #4, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #5.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Gary E. Clary had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Gary E. Clary was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gary E. Clary was duly elected Judge, Circuit Court, At-Large, Seat #5, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #6.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable James E. Lockemy had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable James E. Lockemy was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James E. Lockemy was duly elected Judge, Circuit Court, At-Large, Seat #6, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #7.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable H. Dean Hall had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable H. Dean Hall was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. Dean Hall was duly elected Judge, Circuit Court, At-Large, Seat #7, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #8.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Paul E. Short, Jr. had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Paul E. Short, Jr. was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paul E. Short, Jr. was duly elected Judge, Circuit Court, At-Large, Seat #8, for the term prescribed by law.

Senator SHORT desired to be recorded as abstaining from voting on the nomination and election of the Honorable Paul E. Short, Jr.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #9.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable L. Henry McKellar had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable L. Henry McKellar was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable L. Henry McKellar was duly elected Judge, Circuit Court, At-Large, Seat #9, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Circuit Court, At-Large, Seat #10.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that Mr. James R. Barber, III, the Honorable Alison Renee Lee, and Mr. Glenn Walters had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of Mr. James R. Barber, III was placed in nomination.

On motion of Senator McCONNELL, the names of the Honorable Alison Lee and Mr. Glenn Walters were withdrawn from consideration.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James R. Barber, III was duly elected Judge, Circuit Court, At-Large, Seat #10, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor for the position of Administrative Law Judge, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Stephen P. Bates had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Stephen P. Bates was placed in nomination.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Stephen P. Bates was duly elected Administrative Law Judge, Seat #2, for the term prescribed by law.

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 its PRESIDENT.

At 12:25 P.M., the Senate reconvened.

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George Van Metre Kornegay of Camden, S.C., president and co-owner of Kornegay Funeral Home.

At 12:27 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Monday, June 29, 2009 at 10:47 A.M.