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, you're going home today. It's been another tough week. Hear words of St. Paul to the Romans who also knew a lot about the Law (to paraphrase, "The Living Bible"):

"So I pray for you Gentiles that God who gives you hope will keep

you happy and full of peace as you believe in Him.

I pray that God will help you overflow with hope..."
Let us pray.

Our Father, we may or may not have done all that we had hoped to do this week. But, by Your Grace, we will be back next week. So, bless us if we've done well! Forgive us if we've done anything wrong! Help us to straighten things up next week. Because we do believe what Isaiah said to his generation, and St. Paul to his, that:

"Eye has not seen, nor ear heard, nor has it entered into the mind

of man, what God has prepared for those that love Him."
Amen.

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

The following appointments were transmitted by the Honorable James H. Hodges:

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Ronald Davis Cundiff, 105 State Road, Cheraw, S.C. 29520 VICE Wilbert S. Motley

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Wilbert S. Motley, P.O. Box 681, Cheraw, S.C. 29520 VICE James E. Leppard, Jr.

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Michael Bryan Abraham, 313 Griffin Road, Greenville, S.C. 29607 VICE Harry Nelson

Senator WASHINGTON introduced Dr. Oswald L. Mikell of Beaufort, S.C., Doctor of the Day.

S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.

The following were introduced:

S. 1051 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION DESIGNATE HARPER STREET (HIGHWAY 221) SITUATED WITHIN THE CITY LIMITS OF LAURENS, SOUTH CAROLINA, AS THE PRESIDENT ANDREW JOHNSON MEMORIAL HIGHWAY AND TO REQUEST THE DEPARTMENTTO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1052 (Word version) -- Senator Land: A BILL TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN FOR FAILURE TO SERVE AND FILE STATEMENT, SO AS TO EXTEND FROM NINETY TO ONE HUNDRED AND EIGHTY DAYS THE TIME A PERSON HAS TO FILE A MECHANIC'S LIEN; AND TO AMEND SECTION 29-5-120, RELATING TO THE DISSOLUTION OF A MECHANIC'S LIEN IF SUIT IS NOT BROUGHT IN SIX MONTHS, SO AS TO EXTEND THE TIME PERIOD TO ENFORCE A LIEN FROM SIX MONTHS TO TWO HUNDRED AND SEVENTY DAYS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1053 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.
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Read the first time and referred to the Committee on Finance.

S. 1054 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-132, SO AS TO ESTABLISH A NO WAKE ZONE ON THAT PORTION OF LAKE MOULTRIE LYING WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO AND INCLUDING THE CANAL ADJACENT TO JACK'S HOLE AT BONNEAU BEACH.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1055 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-25 SO AS TO ESTABLISH LAWFUL CATCH LIMITS FOR BASS AND OTHER FISH, TO ESTABLISH A MINIMUM SIZE LIMIT FOR BASS, AND TORESTRICT THE USE OF FISHING DEVICES FOR SLADE'S LAKE IN EDGEFIELD COUNTY.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1056 (Word version) -- Senators Hayes and Wilson: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.
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Read the first time and referred to the General Committee.

S. 1057 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 30-5-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO RECORDING A DEED OR OTHER INSTRUMENT IN THIS STATE, SO AS TO PROVIDE THAT A STATEMENT, EITHER TYPED IN UNDERLINED CAPITAL LETTERS OR RUBBERSTAMPED, ACCURATELY DESCRIBING THE CONTENTS AND EFFECT OF EACH DOCUMENT MUST BEPROMINENTLY DISPLAYED ON THE FIRST PAGE OF ANY DOCUMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 1058 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE VALID COURT ORDER; TO AMEND SECTION 20-7-7810, RELATING TO COMMITMENT OF CHILDREN, SO AS TO PROVIDE THAT A CHILD WHO COMMITS A STATUS OFFENSE MAY BE COMMITTED TO THE CUSTODY OF A CORRECTIONAL INSTITUTION ONLY IF THE CHILD HAS BEEN FOUND IN CONTEMPT OF COURT OR HAS VIOLATED THE CONDITIONS OF PROBATION.
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Read the first time and referred to the Committee on Judiciary.

S. 1059 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPT FROM THE RECORDING FEE, SO AS TO EXEMPT DEEDS TRANSFERRED TO CHURCHES AND CHARITABLE TRUST ORGANIZATIONS INCLUDING OTHER CHARITABLE ORGANIZATIONS AS DEFINED IN SECTION 33-56-20.
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Read the first time and referred to the Committee on Finance.

S. 1060 (Word version) -- Senators Ryberg and Holland: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE.
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Read the first time and referred to the Committee on Judiciary.

S. 1061 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 44-29-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACCINATION AND IMMUNIZATION OF SCHOOL PUPILS AND DAY CARE CENTER CHILDREN, SO AS TO PROVIDE THAT A SOUTH CAROLINA CERTIFICATE OF RELIGIOUS EXEMPTION MAY BE GRANTED TO ANY STUDENT WHOSE PARENT, GUARDIAN, OR PERSON IN LOCO PARENTIS WHO HOLDS A RELIGIOUS BELIEF THAT CONFLICTS WITH IMMUNIZATIONS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.
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Senator RAVENEL spoke on the Bill.

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

S. 1063 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINASENATE UPON LEARNING OF THE DEATH OF CHARLES ANDREW "ANDY" MEDLOCK OF WARRENVILLE.
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The Senate Resolution was adopted.

S. 1064 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON LEARNING OF THE DEATH OF KIMBERLY GAIL MEDLOCK OF WARRENVILLE AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

H. 3317 (Word version) -- Reps. Sharpe, Davenport, Witherspoon, R. Smith, Limehouse, Altman and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO ESTABLISH REQUIREMENTS THAT APPLY TO THE DISPLACEMENT OF A PRIVATE COMPANY PROVIDING COLLECTION SERVICES FOR SOLID WASTE OR RECOVERED MATERIALS OR BOTH.

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

H. 4275 (Word version) -- Rep. Battle: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15, 16, AND 17, 1999, BY THE STUDENTS OF MARION COUNTY SCHOOL DISTRICT NUMBER 2, THE MULLINS SCHOOL DISTRICT, DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF HURRICANE FLOYD ARE EXEMPTED FROM THE STATUTORY MAKE-UP REQUIREMENT.

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

H. 4328 (Word version) -- Rep. Battle: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF MARION COUNTY SCHOOL DISTRICTS NUMBER 1, 3, AND 4 DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF HURRICANE FLOYD ARE EXEMPTED FROM THE MAKEUP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO THE EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

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

S. 437 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003, OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

S. 924 (Word version) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Alexander, Land, Washington, Elliott, Holland, Reese, Passailaigue, Hayes, McConnell, Leventis, Rankin, Glover and Leatherman: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED ON EITHER SEPTEMBER 14, 15, 16, OR 17, 1999, BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYSMISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Ordered for consideration tomorrow.

On motion of Senator SETZLER, the Joint Resolution was taken up for immediate consideration.

On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was read the second time, passed and ordered to a third reading.

On motion of Senator SETZLER, with unanimous consent, S. 924 was ordered to receive a third reading on Friday, January 21, 2000.

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

S. 934 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.

Ordered for consideration tomorrow.

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

S. 997 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DEFINE, AMONG OTHER TERMS, "AFTER-MARKET CRASH PART" AND "CRASH PART"; AND BY ADDING SECTIONS 38-77-246 THROUGH 38-77-256 SO AS TO PRESCRIBE THE CONDITIONS UNDER WHICH AN INSURER MAY REQUIRE THE USE OF AFTER-MARKET CRASH PARTS IN VEHICLE REPAIR, TO REQUIRE DISCLOSURE OF THE REQUIRED USE OF SUCH PARTS, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 1004 favorable:

S. 1004 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ALAN G. LANCE, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 23, 2000.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Ordered for consideration tomorrow.

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

S. 1026 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.

Ordered for consideration tomorrow.

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

S. 1027 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.

Ordered for consideration tomorrow.

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

S. 1040 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.

Ordered for consideration tomorrow.

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

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.

Ordered for consideration tomorrow.

S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.

The House returned the Bill with amendments.

On motion of Senator ANDERSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3335 (Word version) -- Reps. Beck, Wilder, W. McLeod, J. Brown, R. Smith and Mason: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD; TO FURTHER PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.

Senator LAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator LAND explained the Bill.

There being no further amendments, the Bill was read the third time and ordered enrolled for Ratification.

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

S. 771 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION.

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

H. 3994 (Word version) -- Reps. Barfield, Edge, Keegan, Kelley and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE HORRY COUNTY BOARD OF REGISTRATION AND ELECTIONS WITH THE APPROVAL OF A MAJORITY OF THE HORRY COUNTY LEGISLATIVE DELEGATION.

H. 4128 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE SCOTIA PRECINCT FROM THE SCOTIA COMMUNITY HOUSE TO THE SCOTIA TOWN HALL.

On motion of Senator HUTTO, with unanimous consent, H. 4128 was ordered to receive a third reading on Friday, January 21, 2000.

H. 4422 (Word version) -- Reps. D. Smith and Littlejohn: A BILL TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL OF THE DISTRICT FROM THREE TO FIVE MEMBERS.

On motion of Senator COURTNEY, H. 4422 was ordered to receive a third reading on Friday, January 21, 2000.

H. 3804 (Word version) -- Reps. Knotts, Whatley, Seithel, Koon, McGee, Wilkins, Harrison, Allison, Altman, Askins, Bales, Barrett, Battle, Bauer, Beck, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Gilham, Gourdine, Hamilton, Haskins, Hawkins, Hinson, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mason, McCraw, M. McLeod, Meacham-Richardson, Miller, J.H. Neal, Neilson, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilder, Woodrum and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEAPONS, BY ADDING ARTICLE 7 SO AS TO PROVIDE DEFINITIONS RELATING TO BOMBS AND WEAPONS OF MASS DESTRUCTION, TO PROHIBIT MANUFACTURE, TRANSPORTATION, POSSESSION, OR USE OF BOMBS AND WEAPONS OF MASS DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

The Committee on Judiciary proposed the following amendment (JUD3804.001), 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 10-11-320 of the 1976 Code is amended to read:

"Section 10-11-320.   It shall be unlawful for any person or group of persons: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, or dangerous weapon, explosive or incendiary device; or (b) to discharge any firearm or explosive or to use any dangerous weapon or to ignite any incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any explosive or incendiary device."

SECTION   2.   Chapter 11, Title 10 of the 1976 Code is amended by adding:

"Section 10-11-325.   (A)   It is unlawful for a person knowingly to possess, have readily accessible to the person, or transport by any means upon the capitol grounds or within the capitol building any explosive, destructive device, or incendiary device. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.

(B)   It is unlawful for a person intentionally to detonate an explosive or destructive device or ignite any incendiary device upon the capitol grounds or within the capitol building. A person who violates this subsection is guilty of a felony and, upon conviction:

(1)   in cases resulting in the death of another person where there was malice aforethought, must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years;

(2)   in cases resulting in the death of another person where there was not malice aforethought, must be imprisoned not less than two years nor more than thirty years;

(3)   in cases resulting in injury to a person, must be imprisoned for not less than ten years nor more than twenty-five years;

(4)   in cases resulting in damage to a building or other real or personal property, must be imprisoned for not less than two years nor more than twenty-five years."

SECTION   3.   Section 10-11-360 of the 1976 Code is amended to read:

"Section 10-11-360.   A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both. The penalties provided for in this section do not apply to Section 10-11-325."

SECTION   4.   Section 16-8-10 of the 1976 Code is amended to read:

"Section 16-8-10.   As used in this chapter:

(1)   'Bacteriological weapon' and 'biological weapon' mean devices which are designed in a manner as to permit the intentional release into the population or environment of microbiological or other biological materials, toxins, or agents, whatever their origin or method of production, in a manner not authorized by law, or any device, the development, production, or stockpiling of which is prohibited pursuant to the 'Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction', 26 U.S.T. 583, TIAS 8063.

(2)   'Bomb' includes a destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property.

(1)(3)   'Civil disorder' means a public disturbance involving acts of violence by three or more persons which causes an immediate danger of or results in damage or injury to another person or his property.

(4)   'Destructive device' means:

(a)   a bomb, incendiary device, or anything that can detonate, explode, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials), including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, or death;

(b)   a weapon of mass destruction;

(c)   a bacteriological weapon or biological weapon; or

(d)   a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death.

(5)   'Device' means an object, contrivance, instrument, technique, or means that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction.

(6)   'Explosive' means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or one containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property. Explosives include, but are not limited to, the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.

(2)(7)   'Firearm' means a weapon which is designed to or readily may be converted to expel a projectile by the action of an explosive, or the frame or receiver of that weapon.

(3)   'Explosive or incendiary device' includes:

(a) dynamite and all other forms of high explosives;

(b) an explosive bomb, grenade, missile, or similar device;

(c) an incendiary bomb or grenade, fire bomb, or similar device, including a device which:

(i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of material which, when ignited, is capable of igniting the flammable liquid or compound;

(ii) can be carried or thrown by a person acting alone.

(8)   'Incendiary' means any material that:

(a)   causes, or is capable of causing, fire when it is lit or ignited; and

(b)   is used to ignite a flammable liquid or compound in an unlawful manner.

(9)   'Incendiary device' means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. Incendiary device includes, but is not limited to, any form of explosive, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by a person acting alone or with one or more persons, but does not include a device manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, or bridges, when used in a lawful manner.

(4)(10)   'Law enforcement officer' means:

(a)   an officer or employee of the United States, a state, political subdivision of a state, or the District of Columbia, who is authorized to enforce laws and is acting within his official capacity;

(b)   members of the National Guard;

(c)   members of the organized militia of a state or territory;

(d)   members of the Armed Forces of the United States.

(11)   'Over-pressure device' means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in such a manner which is capable of causing death, bodily harm, or property damage, and includes, but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb.

(12)   'Parts' means a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device.

(13)   'Poisonous gases' means a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death or injury to human beings or other living organisms. Poisonous gases do not include:

(a)   riot control agents, smoke and obscuration materials, or medical products which are manufactured, possessed, transported, or used in accordance with the laws of this State or the United States;

(b)   tear gas devices designed to be carried on or about the person which contain not more than fifty cubic centimeters of the chemical; or

(c)   pesticides, as used in agriculture and household products.

(14)   'Weapon of mass destruction' means any device designed to release radiation or radioactivity at a level that could result in internal or external bodily injury or death to a person."

SECTION   5.   Section 16-8-20 of the 1976 Code is amended to read:

"Section 16-8-20.   (A)   A person may not:

(1)   teach or demonstrate to another person the use, application, or making of a firearm or explosive or incendiary destructive device which is capable of causing injury or death to persons knowing or having if the person knows, has reason to know, or intending intends that what is taught or demonstrated will be employed unlawfully for use in, or in furtherance of, a civil disorder; nor

(2)   assemble with one or more persons for the purpose of training with, practicing with, or being instructed instructing in the use of a firearm or explosive or incendiary destructive device which is capable of causing injury or death to persons, intending to employ unlawfully one or more of the purposes for use in, or in furtherance of, if the training, practice, or instruction is used in furtherance of an unlawful purpose or a civil disorder.

(B)   A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction:

(1)   for a first offense must be fined not more than five thousand dollars or imprisoned for not more than five years, or both;

(2)   for a second or subsequent offense must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both."

SECTION   6.   Chapter 23, Title 16 of the 1976 Code is amended by adding:

Section 16-23-710.     For purposes of this article:

(1)   'Bacteriological weapon' and 'biological weapon' mean devices which are designed in a manner as to permit the intentional release into the population or environment of microbiological or other biological materials, toxins, or agents, whatever their origin or method of production, in a manner not authorized by law, or any device, the development, production, or stockpiling of which is prohibited pursuant to the 'Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction', 26 U.S.T. 583, TIAS 8063.

(2)   'Bomb' includes a destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property.

(3)   'Bomb technician', 'explosive ordnance technician', or 'EOD technician' means either:

(a)   a law enforcement officer, fire official, emergency management official, or an employee of the State, its political subdivisions, or an authority of the State or a political subdivision, whose job title includes the designation of bomb technician, explosive ordnance disposal technician, or EOD technician and whose assigned duties include the rendering-safe of improvised explosive devices, destructive devices, old or abandoned explosives, war relics, or souvenirs while acting in the performance of his official duties; or

(b)   an official or employee of the United States including, but not limited to, a member of the armed forces of the United States, who is qualified as an explosive ordnance disposal technician under the federal, state, or local laws or regulations while acting in the performance of his duty.

(4)   'Building' means any structure, vehicle, watercraft, or aircraft:

(a)   where any person lodges or lives; or

(b)   where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is considered both a separate building in itself and a part of the main building.

(5)   'Device' means an object, contrivance, instrument, technique, or any thing that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction.

(6)   'Detonate' means to explode or cause to explode.

(7)   'Destructive device' means:

(a)   a bomb, incendiary device, or anything that can detonate, explode, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials), including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, or death;

(b)   a weapon of mass destruction;

(c)   a bacteriological weapon or biological weapon; or

(d)   a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death.

(8)   'Detonator' means a device containing a detonating charge used to initiate detonation in an explosive or any device capable of triggering or setting off an explosion or explosive charge including, but not limited to, impact or an impact device, a timing mechanism, electricity, a primer, primer or detonating cord, a detonating cap or device of any kind, detonating waves, electric blasting caps, blasting caps for use with safety fuses, shock tube initiator, and detonating cord delay connectors, or any other device capable of detonating or exploding a bomb, weapon of mass destruction, or destructive device.

(9)   'Distribute' means the actual or constructive delivery, or the attempted transfer from one person to another.

(10)   'Explosive' means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or one containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property. Explosives include, but are not limited to, the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.

(11)   'Hoax device' or 'replica' means a device or object which has the appearance of a destructive device.

(12)   'Incendiary' means any material that:

(a)   causes, or is capable of causing, fire when it is lit or ignited; and

(b)   is used to ignite a flammable liquid or compound in an unlawful manner.

(13)   'Incendiary device' means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. Incendiary device includes, but is not limited to, any form of explosive, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by a person acting alone or with one or more persons, but does not include a device manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, or bridges, when used in a lawful manner.

(14)   'Over-pressure device' means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in a manner capable of causing death, bodily harm, or property damage, and includes, but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb.

(15)   'Parts' means a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device.

(16)   'Poisonous gases' means a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death or injury to human beings or other living organisms. However, the term does not include:

(a)   riot control agents, smoke and obscuration materials, or medical products which are manufactured, possessed, transported, or used in accordance with the laws of this State or the United States;

(b)   tear gas devices designed to be carried on or about the person which contain not more than fifty cubic centimeters of the chemical; or

(c)   pesticides, as used in agriculture and household products.

(17)   'Property' means real or personal property of any kind including money, choses in action, and other similar interest in property.

(18)   'Weapon of mass destruction' means any device designed to release radiation or radioactivity at a level that will result in internal or external bodily injury or death to a person.

Section 16-23-720.     (A)   It is unlawful for a person intentionally to detonate a destructive device or cause an explosion, or intentionally to aid, counsel, or procure an explosion by means of detonation of a destructive device. A person who violates this subsection is guilty of a felony and, upon conviction:

(1)   in cases resulting in the death of another person where there was malice aforethought, must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years;

(2)   in cases resulting in the death of another person where there was not malice aforethought, must be imprisoned not less than two years nor more than thirty years;

(3)   in cases resulting in injury to a person, must be imprisoned for not less than ten years nor more than twenty-five years.

(B)   A person who intentionally causes an explosion by means of a destructive device or aids, counsels, or procures an explosion by means of a destructive device, which results in damage to a building or other real or personal property, or a person who attempts to injure another or damage or destroy a building or other real or personal property by means of a destructive device, is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than twenty-five years.

(C)   A person who knowingly possesses, manufactures, transports, distributes, possesses with the intent to distribute a destructive device or any explosive, incendiary device, or over-pressure device or toxic substance or material which has been configured to cause damage, injury, or death, or a person who possesses parts, components, or materials which when assembled constitute a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.

Section 16-23-730.     A person who knowingly manufactures, possesses, transports, distributes, uses or aids, or counsels or conspires with another in the use of a hoax device or replica of a destructive device or detonator which causes any person reasonably to believe that the hoax device or replica is a destructive device or detonator is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than ten thousand dollars, or both. A person who communicates or transmits to another person that a hoax device or replica is a destructive device or detonator with the intent to intimidate or threaten injury, to obtain property of another, or to interfere with the ability of another person to conduct or carry on his life, business, trade, education, religious worship, or to interfere with the operations and functions of any government entity is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.

Section 16-23-740.     A person who knowingly and willfully hinders or obstructs an explosive ordnance technician, bomb technician, law enforcement officer, fire official, emergency management official, public safety officer, animal trained to detect destructive devices, or any robot or mechanical device designed for or utilized by a law enforcement officer, fire official, emergency management official, public safety officer, or bomb technician of this State or of the United States while in the detection, disarming, or destruction of a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than five years.

Section 16-23-750.     A person who communicates a threat or conveys false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one year nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted.

Section 16-23-760.     (A)   Unless otherwise ordered by a court of competent jurisdiction, photographs, electronic imaging, video tapes, or other identification or analysis of a destructive device, explosive, incendiary, poisonous gas, toxic substance, whether chemical, biological, or nuclear, or detonator identified by a qualified bomb technician or person qualified as a forensic expert in the field of destructive devices is admissible in any civil or criminal trial in lieu of production of the actual destructive device or detonator. Evidence transferred to the clerk of court by a qualified bomb technician for safekeeping must not be destroyed except pursuant to a court order issued by a court of competent jurisdiction.

(B)   If a destructive device, explosive, incendiary, poisonous gas, toxic substance whether chemical, biological, or nuclear material, or detonator that has been rendered inert and safe is introduced into evidence in any criminal or civil trial, the clerk of court may retain custody or transfer custody of the destructive device or detonator to a qualified bomb technician for safekeeping only after the destructive device has been preserved as evidence by photograph, video tape, or other suitable means of identification.

Section 16-23-770.     (A)   All property used or intended for use in violation of this article and all proceeds derived from, realized from, or traced back to property used or intended for use in violation of this article is contraband and subject to forfeiture. Property subject to forfeiture must be seized by a law enforcement agency and forfeited to the State, a political subdivision of the State, or the seizing law enforcement agency.

(B)   On application of a seizing law enforcement agency, the circuit court may order the agency to destroy or transfer the seized device to any agency of this State or of the United States that can safely store or render harmless a destructive device, explosive, poisonous gas, or detonator if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store the destructive device, explosive, poisonous gas, or detonator. Notwithstanding Section 16-23-760, the application for destruction of a destructive device may be made at anytime after seizure. Any destruction ordered pursuant to this subsection must be done in the presence of at least one credible witness or recorded on film, videotape, or other electronic imaging method. The court also may order the seizing agency or the agency to which the device, explosive, poisonous gas, or detonator is transferred to make a report of the destruction, take samples before the destruction, or both.

(C)   Nothing in subsection (A) or (B) prohibits a bomb technician, law enforcement officer, or fire official from taking action that will render an explosive, destructive device, poisonous gas, or detonator, or other object which is suspected of being an explosive, destructive device, poisonous gas, or detonator safe without prior approval of a court when the action is in the performance of his duties and is intended to protect lives or property which are in imminent danger.

(D)   The provisions of this article do not apply to the lawful use of:

(1)   fertilizers, propellant activated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes;

(2)   pesticides which are manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7, Title 2, the federal Insecticide, Fungicide, and Rodenticide Act and the Environmental Pesticide Control Act of 1972;

(3)   explosives, blasting agents, detonators, and other objects regulated and controlled by the South Carolina Explosives Control Act;

(4)   ammunition for small arms and firearms;

(5)   components of ammunition for small arms and firearms;

(6)   ammunition reloading equipment;

(7)   the use of small arms propellant when used in war reenactments;

(8)   firearms, as defined in Section 16-8-10; or

(9)   fireworks and explosives which are permitted to be sold, possessed, or used under Chapter 35 of Title 23.

(E)   The provisions of this article do not apply to the military or naval forces of the United States, to the duly organized military force of a state or territory, or to police or fire departments in this State when they are acting within their official capacities and in performance of their duties."

SECTION   7.   Sections 16-11-540, 16-11-550, and 16-11-555 of the 1976 Code are repealed.

SECTION   8.   This act takes effect upon approval by the Governor.

Amend title to conform.

Senator COURTNEY explained the committee amendment.

Senator WILSON spoke on the Bill.

The amendment was adopted.

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.

S. 1009 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBEROF BALLOTS PROVIDED.

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

Senator COURTNEY explained the committee amendment.

Senator McCONNELL raised a Point of Order that under Rule 39 the Bill had not been on the desks of members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 776 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CREPE MYRTLE" AS THE OFFICIAL STATE SHRUB.

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

S. 947 (Word version) -- Senators Holland and Elliott: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN A GENERAL ELECTION, SO AS TO PROVIDE THAT THE STATEMENT OF INTENTION OF CANDIDACY MUST CONTAIN A STATEMENT THAT THE CANDIDATE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT A CANDIDATE MUST CERTIFY THAT HE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-13-40, RELATING TO CERTIFICATION OF NAMES OF PRIMARY CANDIDATES, SO AS TO PROVIDE THAT POLITICAL PARTIES MUST VERIFY QUALIFICATIONS OF CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE THAT EACH COUNTY ELECTION COMMISSION MUST PROVIDE A COPY OF EACH BALLOT STYLE TO BE USED FOR PRIMARY, GENERAL, AND SPECIAL ELECTIONS IN THE ABSENTEE PRECINCT TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION NOT LATER THAN SEPTEMBER FIRST IN THE CASE OF GENERAL ELECTIONS, AND NOT LATER THAN FORTY DAYS PRIOR TO THE DATE OF THE ELECTION IN THE CASE OF SPECIAL AND PRIMARY ELECTIONS; TO AMEND SECTION 7-13-330, RELATING TO THE FORM OF A GENERAL ELECTION BALLOT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 7-13-350, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT CERTIFICATION MUST BE IN WRITING AND MUST BE EFFECTED NOT LATER THAN AUGUST FIFTEENTH, RATHER THAN SEPTEMBER FIRST; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO PROVIDE THAT ANY PETITION MUST BE SUBMITTED TO THE APPROPRIATE AUTHORITY NOT LATER THAN JULY FIFTEENTH RATHER THAN AUGUST FIRST; TO FURTHER PROVIDE THAT THE BOARD OF VOTER REGISTRATION OF EACH COUNTY MUST CERTIFY THE PETITION TO THE AUTHORITY NOT LATER THAN AUGUST FIFTEENTH RATHER THAN SEPTEMBER FIRST; TO AMEND SECTION 7-13-352, RELATING TO THE DATE BY WHICH STATEMENTS OF CANDIDACY MUST BE FILED, SO AS TO CHANGE THE DATE FROM NOT LATER THAN SEPTEMBER FIRST TO NOT LATER THAN AUGUST FIFTEENTH; AND TO AMEND SECTION 7-13-355, RELATING TO THE TIME FOR SUBMITTING A REFERENDUM QUESTION TO THE APPROPRIATE ELECTION COMMISSION FOR SUBMISSION AS A REFERENDUM TO ELECTORS, SO AS TO CHANGE THE DATE BY WHICH THE QUESTION MUST BE SUBMITTED TO THE COMMISSION FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH.

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

S. 946 (Word version) -- Senators Holland, Elliott and Rankin: A BILL TO AMEND SECTION 7-5-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION.

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

The Committee on Judiciary proposed the following amendment(JUD0946.001) which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 39, by striking Section 7-5-440(B)(2), as contained in SECTION 1, in its entirety and inserting:

/       (2)   must be permitted to correct the voting records and vote at a central location located at the main office of the county board of voter registration in his new county of residence where a list of eligible voters is maintained, upon written affirmation by the elector of the new address on a standard form provided at the central location."     /

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the committee amendment.

The committee amendment was adopted.

Senator COURTNEY asked unanimous consent to carry the Bill over as amended.

There was no objection.

S. 1050 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE THE THIRD SATURDAY IN FEBRUARY AS PURPLE HEART DAY IN SOUTH CAROLINA, TO PAY TRIBUTE TO THE ORDER OF THE PURPLE HEART FOR MILITARY MERIT AND THE EXCEPTIONAL MEN AND WOMEN WHO HAVE RECEIVED THIS DECORATION.

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

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

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Ronald Davis Cundiff, 105 State Road, Cheraw, S.C. 29520 VICE Wilbert S. Motley

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Wilbert S. Motley, P.O. Box 681, Cheraw, S.C. 29520 VICE James E. Leppard, Jr.

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

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Michael Bryan Abraham, 313 Griffin Road, Greenville, S.C. 29607 VICE Harry Nelson

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Reverend Lonnie Hamilton, II of Charleston, S.C. Reverend Hamilton, passing away at age 100, was a licensed minister in the AME Church, a Mason, served in the merchant marines, and acted in numerous television shows and motion pictures.

Senator DRUMMOND moved that, when the Senate adjourns on Friday, January 21, 2000, it stand adjourned to meet next Tuesday, January 25, 2000, at 12:00 Noon, which motion was adopted.

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

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