South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

WEDNESDAY, MARCH 22, 1995

Wednesday, March 22, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, this is the day you designated by Concurrent Resolution as "Disabilities Day." Hear the psalmist in Psalm 72 (v.12):

"He shall deliver the needy

when he crieth;

The poor also, and him that

hath no helper."
Let us pray.

God of mercy, and love, and hope, as we greet the wistful, hopeful faces of our guests, the children, adults and friends with disabilities, we give thanks for the multitude that have helped in so many ways that their hearts may be filled with hope and their bodies fulfill their potential in a world of stress.

We remember with special gratitude the long hours of labor by folk like Harold Corley, the South Carolina Restaurant Association, the Law Enforcement Officer's Association, the medical doctors, technicians and therapists who share the time, the talents, their prayers, their patience, and their hopes.

We pray for a full measure of joy and satisfaction to those who give their money and share in the thrill of healing and health.

Let us remember how Jesus went about Galilee not only preaching but healing bodies.

... and follow in His train.

Amen.

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

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

March 14, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Marion County Magistrate, with term to commence July 1, 1990, and to expire April 30, 1994:

Mr. Levone Graves, 355 East Wine Street, Mullins, S.C. 29574

Received as information.

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

March 20, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Ms. Joyce L. Leavell, Post Office Box 363, Hardeeville, S.C. 29927 VICE Ernest White (resigned)

Received as information.

COMMUNICATION
SENATE JUDICIARY COMMITTEE

MEMORANDUM

TO:       Members, South Carolina Senate
FROM:   Donald H. Holland, Chairman

Senate Judiciary Subcommittee on Reapportionment

and Redistricting
DATE:   March 22, 1995
RE:       Subcommittee Meeting

I would like to invite you to attend the Reapportionment and Redistricting Subcommittee's public hearing on the staff-proposed Senate redistricting plan on Thursday, March 23, 1995, at 1:30 P.M., in Room 105 of the Gressette Building. At this hearing, the subcommittee will receive public comment on the staff-proposal. There were no alternative plans submitted by any third party or interest group prior to the subcommittee's March 20, 1995, submission deadline.

On Tuesday, March 28, 1995, at 3:00 P.M., in Room 207 of the Gressette Building, the subcommittee will meet to deliberate on Senate redistricting. At this meeting, the subcommittee will consider public comment, proposals submitted by individual members of the Senate, and the staff-proposed plan in developing the plan it will submit to the Judiciary Committee. I understand that Senator Williams has scheduled a full committee meeting for 11:00 A.M., Thursday, March 30, 1995, to receive the subcommittee's report.

Any proposal you wish to have considered by the subcommittee prior to its report to the full committee should be prepared and submitted to the Judiciary Committee office prior to 5:00 P.M. on Monday, March 27, 1995.

If I can answer any questions you might have, please do not hesitate to contact me.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1830
Promulgated by Department of Health and Environmental Control
State Primary Drinking Water Regulations
Received by Lt. Governor March 15, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date February 19, 1996

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Hal Shaw and his son, Hal, of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MARTIN, at 11:15 A.M., Senator O'DELL was granted a leave of absence for the balance of the week.

Leave of Absence

On motion of Senator MESCHER, at 11:40 A.M., Senator ROSE was granted a leave of absence for the balance of the day.

RECALLED

S. 288 -- Senators Greg Smith and Reese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2155 SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE CHARLESTON COUNTY AND GEORGETOWN COUNTY PILOTAGE COMMISSIONS.

Senator GREG SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

On motion of Senator GREG SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

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

S. 655 -- Senators Courson, Drummond, Thomas and Holland: A BILL TO AMEND CHAPTER 1, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-115 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY OR A FORMER MEMBER WITHIN TWO YEARS OF THE END OF HIS TERM FROM BEING ELECTED TO AN OFFICE OF HONOR OR PROFIT WHICH THE GENERAL ASSEMBLY ELECTS AND TO AMEND CHAPTER 1, TITLE 14, BY ADDING SECTION 14-1-65 SO AS TO CREATE A NOMINATING COMMITTEE TO SELECT CANDIDATES FOR THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURTS, AND FAMILY COURTS OF SOUTH CAROLINA.

Senator COURSON spoke on the Bill.

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

S. 656 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT, IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.

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

S. 657 -- Judiciary Committee: A CONCURRENT RESOLUTION DIRECTING STATE AGENCIES, DEPARTMENTS, INSTITUTIONS, AND DIVISIONS TO PRINT CERTAIN INFORMATION UPON ALL COMMUNICATIONS.

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

That the General Assembly of the State of South Carolina, by this resolution, directs each agency, department, institution, and division of state government to print its complete address, telephone number, and fax number, if applicable, upon all written communications.

Be it further resolved that a copy of this resolution be forwarded to the chief administrative officer of each agency, department, institution, and division of state government.

The Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

H. 3829 -- Reps. Rhoad, Cave and Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BARNWELL HIGH SCHOOL SCARLET KNIGHTS BAND OF BARNWELL COUNTY UPON RECEIVING AN INVITATION FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR, THE NATIONAL PARK SERVICE, AND THE INDEPENDENCE DAY PARADE ASSOCIATES TO REPRESENT THE STATE OF SOUTH CAROLINA BY MARCHING IN THE 1995 INDEPENDENCE DAY PARADE IN WASHINGTON, D.C., ON JULY 4, 1995.

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

REPORTS OF STANDING COMMITTEES

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

S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.

Ordered for consideration tomorrow.

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

S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

Ordered for consideration tomorrow.

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

S. 600 -- Senator Bryan: A BILL TO AMEND SECTION 62-3-1203(b), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUMMARY ADMINISTRATIVE PROCEDURE UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO CLARIFY THAT NO INVENTORY AND APPRAISAL IS REQUIRED WHEN THE APPOINTED PERSONAL REPRESENTATIVE IS THE SOLE DEVISEE OR SOLE HEIR OF AN ESTATE.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 647 -- Senators Washington, Ford, McConnell, Passailaigue, Richter, Rose and Greg Smith: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WILLIAM J. KNOWLES OF CHARLESTON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HIS RETIREMENT.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 636 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.

(By prior motion of Senator WASHINGTON)

S. 136 -- Senators Short, Courson, Hayes, Rose, Wilson and O'Dell: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, BY ADDING SECTION 43-5-585 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS FOR TWO CONSECUTIVE MONTHS.

S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES REDUCED RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED REDUCED RATES OF THAT PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES.

S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.

S. 629 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO VIOLATIONS, PENALTIES, AND BONDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1778, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 362 -- Senators Cork and Washington: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

MOTION ADOPTED
Co-Sponsorship Added

On motion of Senator LANDER, with unanimous consent, leave was granted to add the names of Senators LANDER and ELLIOTT as co-sponsors of S.362.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.

Senator LEVENTIS explained the Bill.

READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Senator DRUMMOND asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Resolution was read the second time with notice of general amendments.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 482 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-210 SO AS TO PROVIDE THAT ANY STUDENT WHO CARRIES ON HIS PERSON, IN A BOOK BAG, OR PLACES IN A LOCKER OR DESK A FIREARM, OR ANY OTHER TYPE OF WEAPON, DEVICE, OR OBJECT WHICH MAY BE USED TO INFLICT BODILY INJURY OR DEATH WHILE ON ANY ELEMENTARY OR SECONDARY SCHOOL PROPERTY MUST BE EXPELLED FROM SCHOOL PURSUANT TO THE PROCEDURE ESTABLISHED BY THE SCHOOL DISTRICT FOR EXPULSIONS.

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

The Education Committee proposed the following amendment (S-EDUC\482.1), which was adopted:

Amend the bill, as and if amended, by deleting all of SECTION 1 and inserting:

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

"Section 59-63-240. The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees. The expulsion must follow the procedures established pursuant to Section 59-63-240. The one year expulsion is subject to modification by the district superintendent of education on a case-by-case basis. Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative."/

Amend title to conform.

Senator BRYAN explained the amendment.

Senator HAYES proposed the following amendment (DKA\3833CM.95), which was withdrawn:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION   __.   Section 16-23-50(C) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(C)   In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500, or trade them with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency, or destroy them. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."

SECTION   __.   Section 16-23-405(2) of the 1976 Code is amended to read:

"(2)   Any A person convicted of a crime, in addition to any a penalty, shall have any a weapon used in the commission or in furtherance of the crime confiscated. Each such weapon must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that received the confiscated weapons shall may use them within their departments, transfer them to another law enforcement agency for their lawful use, or transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500 trade them with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy them. Firearms seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."

SECTION   __.   Section 23-31-180 of the 1976 Code, as last amended by Act 556 of 1990, is further amended to read:

"Section 23-31-180.   No licensed retail dealer may hold, store, handle, sell, offer for sale, or otherwise possess in his place of business a pistol or other handgun which has a die-cast, metal alloy frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.

A pistol or other handgun possessed or sold by a dealer in violation of this article is declared to be contraband and must be forfeited to the municipality where seized or to the county where seized if outside a municipality. The weapon must be disposed of as provided by Section 16-23-500 destroyed.

However, any a law enforcement agent agency may register and use these weapons in the line of duty for display purposes after the weapons have been rendered inoperable."

SECTION   __.   Section 16-23-500 of the 1976 Code is repealed./

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment and asked unanimous consent to withdraw the amendment.

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

SECOND READING BILLS

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

H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.

S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

Senator PEELER explained the Bill.

S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.

S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.

S. 653 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.

S. 653--Ordered to a Third Reading

On motion of Senator MOORE, S. 653 was ordered to receive a third reading on Thursday, March 23, 1995.

AMENDED, READ THE SECOND TIME

S. 67 -- Senators McConnell, Rose, Reese and Courson: 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 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.

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

The Transportation Committee proposed the following amendment (DKA\3807CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1, and inserting:

/SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 57
Special License Plates; Marine Corps League

Section 56-3-6920.   The department may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.

Section 56-3-6930.   The special license plate must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the Marine Corps League seal, the words 'Once a Marine, Always a Marine', and numbers the department may determine necessary."/

Amend title to conform.

Senator LEVENTIS explained the amendment.

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

AMENDED, READ THE SECOND TIME

S. 154 -- Senators McConnell, Rose, Courson, Reese and Elliott: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT AFTER THE INITIAL FEE FOR ISSUANCE IS PAID, THE PLATE MAY BE RENEWED BY A STICKER, THE CHARGE FOR WHICH MUST BE THE RENEWAL FEE CHARGED FOR A REGULAR PLATE.

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

The Transportation Committee proposed the following amendment (DKA\3806CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION   1.   Section 56-3-3310 of the 1976 Code, as last amended by Section 1392 of Act 181 of 1993, is further amended to read:

"Section 56-3-3310.   The department may issue a special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. After the initial fee for issuance has been paid, the plate may be renewed by a sticker, the charge for which must be the renewal fee charged for a regular plate. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."/

Amend title to conform.

Senator LEVENTIS explained the amendment.

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

AMENDED, READ THE SECOND TIME

S. 179 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO PROVIDE FOR THE PRIVATE CORRECTIONS FACILITIES, PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF GOVERNMENT TO CONTRACT WITH THE PRIVATE SECTOR TO PERFORM SERVICES CURRENTLY PERFORMED BY A CORRECTIONS AGENCY OR DEPARTMENT.

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

The Corrections and Penology Committee proposed the following amendment (DKA\3792CM.95), which was adopted:

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

/SECTION   1.   Chapter 3, Title 24 of the 1976 Code is amended by adding:

"Article 13
Private Corrections Facilities,
Programs, and Services Act

Section 24-3-2400.   This article may be cited as the Private Corrections Facilities, Programs, and Services Act.

Section 24-3-2410.   As used in this article:

(1)   'Correctional facility, program, or service' means a facility, program, or service, including probation and parole, operated or provided by a nongovernmental agency which:

(a)   may provide residential and nonresidential accommodations and services for offenders, juvenile delinquents, and detainees;

(b)   provides programs and services to aid offenders, juvenile delinquents, and detainees in obtaining and holding regular employment, in enrolling in and maintaining academic courses, in participating in vocational training programs, in utilizing the resources of the community in meeting their personal and family needs, and in participating in specialized treatment programs that exist within the community; and

(c)   provides supervision and surveillance of offenders, juvenile delinquents, and detainees.

(2)   'Detainee' means an adult or juvenile who is held in a correctional or detention facility pending trial or adjudication.

(3)   'Juvenile delinquent' means a juvenile who has been adjudicated a delinquent or a child in need of supervision by the family court.

(4)   'Nongovernmental agency' means a person or organization other than a unit of government or agency and includes private profit organizations.

(5)   'Offender' means an adult who has entered a plea of guilty or has been convicted of a felony or misdemeanor.

(6)   'Parole board' means the Board of Probation, Parole and Pardon Services.

(7)   'Unit of local government' means a county, city, or town.

Section 24-3-2420.   (A)   A unit of local government may utilize nongovernmental correctional facilities, programs, and services established pursuant to this article necessary to serve its own needs and those of its courts and its agencies and may enter into contracts or agreements with nongovernmental agencies for the placement or supervision of offenders, juvenile delinquents, and detainees in nongovernmental correctional facilities, programs, or services.

(B)   Units of local government shall establish specific procedures for screening offenders, juvenile delinquents, or detainees who are placed in nongovernmental correctional facilities, programs, or services pursuant to this article.

(C)   The unit of local government shall review, inspect, and evaluate all correctional facilities, programs, and services which are operated or provided by nongovernmental agencies within the county or unit of local government and which provide accommodation or services to offenders, juvenile delinquents, and detainees referred only by local government, its agencies, or its local courts.

(D)   All correctional facilities, programs, and services operated or provided by nongovernmental agencies shall conform to the guidelines established pursuant to Section 24-3-2440.

(E)   The establishment of a nongovernmental correctional facility, program, or service is subject to approval of the governing body of the county and the governing body of the city or town in which the proposed facility or the site of the program is to be located, or by the appropriate state authority, depending upon which governing body or agency the facility or service has been designed. Approval or denial of the establishment of the facility, program, or service must be made only after consultation with the Board of Probation, Parole and Pardon Services and other agencies having responsibility for offenders, juvenile delinquents, and detainees.

(F)   In a county where the sheriff is the jailor, the county may not enter into a contract under this section without the sheriff's consent.

Section 24-3-2430.   The Commissioner of the Department of Corrections or Department of Juvenile Justice, as appropriate, regularly shall review, monitor, inspect, and evaluate all correctional facilities, programs, and services operating within the State which are operated or provided by nongovernmental agencies except correctional facilities, programs, or services which provide services or accommodations only to offenders, juvenile delinquents, or detainees referred by units of local government.

Section 24-3-2440.   (A)   A contract for services entered into pursuant to this article must provide guidelines for the operation of the nongovernmental correctional facility or program and minimum standards for the services provided, including:

(1)   requirements for strict accountability procedures and practices for the conduct and supervision of offenders, juvenile delinquents, and detainees, including requirements for twenty-four-hour supervision of offenders, juvenile delinquents, and detainees in residential programs;

(2)   guidelines for periodic and unscheduled tests to determine the use of drugs by offenders, juvenile delinquents, and detainees; and

(3)   standards regarding health, sanitation, and fire safety.

(B)   Before entering into a contract with a nongovernmental agency, the Department of Corrections or the Department of Juvenile Justice shall submit the contract and proposed guidelines for the use of a facility, program, or service to the governing body of an affected unit of local government for its review and recommendations.

(C)   The guidelines and standards required by this section must be developed pursuant to Section 24-3-2490.

Section 24-3-2450.   (A)   Subject to subsection (B), after an adjudication of guilty or delinquency, the sentencing court, as a condition of probation, may order that the delinquent or offender participate in a correctional program during all or a part of his term of probation, provided the court is authorized by law to order probation.

(B)   Placement of an offender or juvenile delinquent in a nongovernmental correctional program under this section may be ordered by the court only if:

(1)   the correctional program is operated by a nongovernmental agency which has entered into a contract as authorized in Sections 24-3-2440 or 24-3-2480; and

(2)   funding for the placement is available.

(C)   Before the placement of an offender or juvenile delinquent in a nongovernmental correctional program, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.

(D)   The probation officers for the judicial circuit are responsible for recommendations to the judge for the utilization of a nongovernmental correctional program which has been approved for use. The recommendations shall take into account the potential risk resulting from the placement of the offender into the nongovernmental correctional program, as well as the aptitude, attitude, social, and occupational skills of the offender.

(E)   Where probation supervision is the responsibility of the courts in the State, the courts may contract, in accordance with state procurement law, with nongovernmental agencies to provide probation supervision services.

Section 24-3-2460.   The chief probation or parole officer or officials of the state, county, or judicial district shall have general supervisory authority over all offenders, juvenile delinquents, and detainees placed in a correctional facility, program, or service under this article in accordance with their existing statutory responsibilities for offenders, juvenile delinquents, and detainees.

Section 24-3-2470.   (A)   Subject to subsection (B), the responsible state agency may place an offender, juvenile delinquent, or detainee in a correctional facility, program, or service under this article.

(B)   A placement under this section may be made only if:

(1)   the correctional facility, program, or service is operated under a contract with the State to provide residential care of offenders, juvenile delinquents, or detainees; and

(2)   funding for the placement is available.

(C)   Before the placement of an individual in a nongovernmental residential facility, the state agency having responsibility for the offender, juvenile delinquent, or detainee shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the transferal to be placed.

Section 24-3-2480.   Subject to legislative appropriation, the State, in accordance with state procurement law, may contract under this article with nongovernmental agencies to operate correctional facilities and programs to provide correctional services for offenders, juvenile delinquents, and detainees.

Section 24-3-2490.   (A)   The Department of Corrections shall:

(1)   establish minimum facility standards for correctional facilities operated by a nongovernmental agency receiving funds under this article;

(2)   establish minimum standards for programs and services provided by a nongovernmental agency receiving funds under this article;

(3)   prescribe accounting and reporting standards for all nongovernmental agencies operating correctional facilities or providing correctional programs or services under this article;

(4)   establish a per diem rate to be paid program providers operating correctional facilities under this article which may not exceed the daily cost of providing the same programs or services at a state or juvenile institution; and

(5)   promulgate regulations reasonably necessary to carry out the provisions of this article.

(B)   The nongovernmental correctional facility, program, and service standards developed by the State shall take into consideration the standards of the American Correctional Association and other appropriate professional accreditation organizations. A nongovernmental correctional facility, program, or service must not be approved unless it complies with the most recent standards established by the American Correctional Association which are appropriate for the specific type of facility, program, or service.

Section 24-3-2500.   (A)   An offender, juvenile delinquent, or detainee is guilty of escape from official detention and, upon conviction, must be punished as provided by law if, without proper authorization, he:

(1)   fails to remain within the extended limits of his confinement, or to return within the time prescribed to a nongovernmental correctional facility to which he was assigned or transferred; or

(2)   being a participant in a program established under the provisions of this article, he leaves his place of employment or fails or neglects to return to a nongovernmental correctional facility within the time prescribed or when specifically ordered to do so.

Section 24-3-2510.   The State shall submit an annual report to the legislature describing the number of nongovernmental correctional facilities, programs, and services that have been established pursuant to this article; the number of offenders, juvenile delinquents, and detainees assigned to those facilities, programs, or services; the extent to which offenders, juvenile delinquents, and detainees have received and benefitted from services related to their rehabilitation; and the rate of success as compared to offenders, juvenile delinquents, and detainees in government operated correctional facilities, programs, or services."

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

Amend title to conform.

Senator BRYAN explained the amendment.

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

AMENDED, READ THE SECOND TIME

S. 184 -- Senator Rose: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD BY REGULATION TO PRESCRIBE THE USE OF PHONICS IN TEACHING READING AND TO PROVIDE IN-SERVICE TRAINING IN PHONICS.

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

The Education Committee proposed the following amendment (S-EDUC\184.1), which was adopted:

Amend the bill, as and if amended, by striking all of SECTION 1 and inserting:

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

"Section 59-19-115. School district boards of trustees may prescribe minimum standards requiring the use of phonics as a technique in teaching reading in kindergarten and grades one through three. When requested by a school district, the State Department of Education shall provide in-service training programs for teachers in the use of phonics as a technique in teaching reading in kindergarten and grades one through three."/

Amend title to conform.

Senator MATTHEWS explained the amendment.

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

AMENDED, READ THE SECOND TIME

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

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

The Transportation Committee proposed the following amendment (DKA\3810CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 60
Shriners License Plates

Section 56-3-7100.   The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. Only one plate may be issued to a Shriner."/

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

S. 428 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO EXTEND THE RACCOON HUNTING SEASON IN GAME ZONE NINE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (PFM\7278BDW.95), which was adopted:

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

/SECTION   1.   Section 50-11-120(A)(9)(e), as last amended by Act 473 of 1994, is further amended to read:

"(e)   raccoon and opossum:   September first August fifteenth through October fourteenth; March second through March thirty-first April fifteenth without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day;"

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

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

S. 503 -- Senator Stilwell: 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.

Senator WILLIAMS 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 adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD0503.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 36, by striking SECTION 2 in its entirety.

Renumber remaining SECTIONS to conform.

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

S. 509 -- Senator Reese: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR.

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

The Transportation Committee proposed the following amendment (DKA\3809CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1, and inserting:

/SECTION   1.   Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150.   The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."/

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

S. 524 -- Senator Leventis: 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 62 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES COAST GUARD AUXILIARY.

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

The Transportation Committee proposed the following amendment (DKA\3808CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 62
United States Coast Guard Auxiliary License Plate

Section 56-3-7200.   The department may issue a special motor vehicle license plate to a member of the United States Coast Guard Auxiliary for a private motor vehicle registered in the member's name. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.

Section 56-3-7210.   The special license plate must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'United States Coast Guard Auxiliary' together with numbers the department may determine necessary."

Amend title to conform.

Senator LEVENTIS explained the amendment.

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

ADOPTED

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

RECOMMITTED

S. 317 -- Senator Elliott: A BILL TO AMEND SECTION 23-28-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS, SO AS TO REVISE THE DEFINITION OF "RESERVES" AND "CHIEFS"; TO AMEND SECTION 23-28-20, RELATING TO THE APPOINTMENT AND DUTIES OF RESERVE POLICE OFFICERS, SO AS TO REVISE A CHIEF'S APPOINTMENT POWERS; TO AMEND SECTION 23-28-30, RELATING TO RESERVE POLICE OFFICER TRAINING COURSES, SO AS TO REQUIRE RESERVE POLICE OFFICERS TO COMPLETE THE BASIC CORRECTIONAL OFFICER TRAINING COURSE BEFORE ASSUMING CORRECTIONAL DUTIES; AND TO AMEND SECTION 23-28-40, RELATING TO RESERVE OFFICER TRAINING, SO AS TO REDUCE THE NUMBER OF HOURS OF PRELIMINARY TRAINING.

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

There was no objection.

On motion of Senator LANDER, the Bill was recommitted to the Committee on Judiciary.

CARRIED OVER

H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.

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

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

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

Committee to Escort

The PRESIDENT appointed Senators MATTHEWS, DRUMMOND, LEVENTIS and MESCHER to escort the Honorable William M. Detweiler, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.

RECESS

At 11:58 A.M., the Senate stood in recess for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
"Children and Adults with Disabilities Day"

At 12:00 Noon, the Senate appeared in the Hall of the House.

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

S. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Life Abilities-State Easter Seal Representatives, their parents and members of their party were escorted to the rostrum by Senators and Representatives.

The PRESIDENT then recognized Rep. Walker, Vice Chairman, Joint Committee for the Disabled.

Rep. Walker introduced the members of the Joint Committee for the Disabled.

Rep. Walker introduced Senator LANDER, Chairman of the Committee.

Senator LANDER also recognized the State Campaign Chairwoman, Mrs. Mary Wood Beasley; Mr. Joseph D. Jones, President, Life Abilities-Easter Seals; and Mr. Rick Johnson, State President, S.C. Law Enforcement Officer's Assoc.; John L. Caudle, II, Executive Director of the SLED Officer's Assoc.; and Peter Finazzo, President, S.C. Restaurant Association; and Thomas L. Sponseller, Executive Director, S.C. Restaurant Assoc.; Maj. Larry Mixon, Chairman of the "Overall" B.A.C. Committee; and Mr. Harold Corley and Mr. Wilton Bagwell, Co-Chairmen for B.A.C., who have worked so hard to make the Buck-A-Cup (B.A.C.) Campaign such a success.

Senator LANDER then introduced the following members who, in turn, introduced the Life Abilities-State Easter Seal Representatives and guests:

Senator WALDREP and Rep. Cooper introduced Angela and Amber Gail Lowe, mother and daughter, of Anderson County.

Senator GREG SMITH and Rep. T. Brown, introduced Brittany Ann Carter, daughter of Regina Carter of Georgetown County.

Senator REESE and Rep. Beatty introduced Amy King, daughter of Mr. and Mrs. Javan King of Spartanburg County.

Senator MARTIN and Rep. Robinson introduced Christopher Lawrence, son of Judy Lawrence of Pickens County.

Rep. Baxley introduced Robert Clay Smith, son of Mr. and Mrs. Robert Smith of Darlington County.

Senator COURSON and Rep. Harrison introduced Luther and Mary Ellen Gower, husband and wife, of Richland County.

The purposes of this portion of the Joint Assembly having been accomplished, the Life Abilities-Easter Seal Representatives, their families and guests, departed the Chamber.

Address by the National Commander of the American Legion

Immediately following the Joint Assembly honoring the State Easter Seal Representatives and their families, in recognition of "Children and Adults with Disabilities Day," the PRESIDENT announced that the Joint Assembly would proceed to an address by the Honorable William M. Detweiler, National Commander of the American Legion, under the terms of the following Concurrent Resolution adopted by both Houses:

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

The Honorable William M. Detweiler, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators MATTHEWS, DRUMMOND, LEVENTIS and MESCHER and Representatives Williams, Stille, Law and Hutson.

The PRESIDENT of the Senate introduced the Honorable William M. Detweiler, National Commander of the American Legion.

Commander Detweiler addressed the Joint Assembly.

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

At 12:55 P.M., the Senate reconvened.

RECESS

At 1:00 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 3:00 P.M. and was called to order by the PRESIDENT.

Point of Quorum

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

Call of the Senate

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Cork                      Giese                     Holland
Land                      Lander                    Martin
Mescher                   Moore                     Passailaigue
Peeler                    Richter                   Saleeby
Stilwell                  Wilson

Senator MOORE moved that the Senate stand adjourned.

A division vote was requested.

By a division vote of 3-6, the Senate refused to adjourn.

Senator MOORE moved that the Senate recede from business until a quorum was present.

Call of the Senate

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Bryan                     Cork
Courson                   Courtney                  Drummond
Elliott                   Ford                      Giese
Glover                    Gregory                   Hayes
Holland                   Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Richter
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, G.
Smith, J.V.               Stilwell                  Thomas
Waldrep                   Williams                  Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senator COURSON recorded his presence subsequent to the Call of the Senate.

MOTION ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, Senators DRUMMOND, SETZLER, J. VERNE SMITH, LEATHERMAN and LEVENTIS were granted leave to attend a subcommittee meeting of the Senate Finance Committee, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.

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

AMENDED, AMENDMENT PROPOSED
DEBATE INTERRUPTED

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (JUD0041.008) proposed by Senator McCONNELL and previously printed in the Journal of Wednesday, March 1, 1995.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, the amendment was carried over.

Amendment No. 3

Senators McCONNELL, MOORE and COURTNEY proposed the following Amendment No. 3 (JUD0041.011), which was adopted:

Amend the committee report, as and if amended, page [41-1], beginning on line 26, by striking the report in its entirety and inserting therein the following:

/SECTION   1.   Section 17-25-45 of the 1976 Code is amended to read:

"(1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.

(A)   Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more prior convictions for:

(1)   a most serious offense;

(2)   a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or

(3)   any combination of the offenses listed in items (1) and (2) above.

(B)   Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:

(1)   a serious offense;

(2)   a most serious offense;

(3)   a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or

(4)   any combination of the offenses listed in items (1), (2), and (3) above.

(C)   As used in this section:

(1)   'Most serious offense' means:

16-3-10         Murder

16-3-30         Killing by poison

16-3-40         Killing by stabbing or thrusting

16-3-50         Voluntary manslaughter

16-3-620         Assault and battery with intent to kill

16-3-652         Criminal sexual conduct

First degree

16-3-653         Criminal sexual conduct

Second degree

16-3-655         Criminal sexual conduct with minors

16-3-656         Assault with intent to commit criminal sexual conduct

16-3-910         Kidnapping

16-11-110(A)     Arson

First degree

16-11-311       Burglary

First degree

16-11-330       Armed robbery

16-11-540       Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results

25-7-30         Giving information respecting national or state defense to foreign contacts during war

25-7-40         Gathering information for an enemy.

(2)   'Serious offense' means those felonies enumerated in Section 16-1-90(A) and Section 16-1-10(D) which are not referenced in subsection (C)(1), and all felonies enumerated in Section 16-1-90(B) through (F).

(3)   'Conviction' means any conviction, guilty plea or plea of nolo contendere.

(D)   No person sentenced pursuant to this section shall be considered for or granted early release pursuant to the provisions enacted to ameliorate prison overcrowding.

B.(E) For the purpose of this section only, a conviction is considered a prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the conviction for the prior offense. A conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence conviction for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence conviction for the second offense. Convictions totaling more than three must be determined in a like manner.

(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor."

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

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted, and further, that the adoption of the amendment would not prejudice the members' right to offer perfecting amendments based on the question of the degree of the amendment.

The amendment was adopted.

Statement by Senators McCONNELL, MOORE and COURTNEY

This amendment was offered by us to simply correct a scrivener's error which resulted in the Judiciary Committee amendment being worded differently from how it was explained to the committee. Our offering of this amendment is not an endorsement of the concept but rather is intended simply to clean up the record so it is accurate.

Leave of Absence

At 3:35 P.M., Senator WILLIAMS requested a leave of absence for the balance of the day.

Amendment No. 10A

Senator RICHTER proposed the following Amendment No. 10A (41R015.LER):

Amend the committee report, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION   1.   Section 17-25-45 of the 1976 Code is amended to read:

"(1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.

(A)   Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more convictions for:

(1)   a most serious offense;

(2)   a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or

(3)   any combination of the offenses listed in items (1) and (2) above.

(B)   Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more convictions for:

(1)   a serious offense;

(2)   a most serious offense;

(3)   a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or

(4)   any combination of the offenses listed in items (1), (2), and (3) above.

(C)   As used in this section:

(1)   'Most serious offense' means:

16-1-40       Accessory, for any offense enumerated in this subsection

16-1-80       Attempt, for any offense enumerated in this subsection

16-3-10       Murder

16-3-30       Killing by poison

16-3-40       Killing by stabbing or thrusting
16-3-50       Voluntary manslaughter

16-3-85       Homicide by child abuse

16-3-210       Lynching, first degree

16-3-430       Killing in a duel

16-3-620       Assault and battery with intent to kill
16-3-652       Criminal sexual conduct, First degree
16-3-653       Criminal sexual conduct, Second degree
16-3-655       Criminal sexual conduct with minors
16-3-656       Assault with intent to commit criminal sexual conduct
16-3-910       Kidnapping
16-11-110(A)   Arson, First degree
16-11-311     Burglary, First degree
16-11-330     Armed robbery
16-11-540     Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
25-7-30       Giving information respecting national or state defense to foreign contacts during war
25-7-40       Gathering information for an enemy

55-1-30(3)     Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030     Interference with traffic-control devices or railroad

(B)(3)         signs or signals prohibited when death results from violation

56-5-2945     Causing death by operating vehicle while under influence of drugs or alcohol

58-17-4090     Obstruction of railroad, death results.

(2)   'Serious offense' means:

(a)   those felonies enumerated in Section 16-1-90(A) which are not referenced in subsection (C)(1);

(b)   those felonies enumerated as follows:

16-3-220       Lynching, second degree

16-3-810       Engaging child for sexual performance

16-11-312(B)   Burglary, Second degree

44-53-370(e)   Trafficking in controlled substances

44-53-375     Trafficking in ice, crank, or crack cocaine 10

(C)(1)(c)       grams or more, but less than 28 grams, Third or subsequent offense

44-53-375     Trafficking in ice, crank, or crack cocaine 28

(C)(2)(c)       grams or more, but less than 100 grams, Third or subsequent offense

44-53-375     Trafficking in ice, crank, or crack cocaine 100

(C)(3)         grams or more, but less than 200 grams

44-53-375     Trafficking in ice, crank, or crack cocaine 200

(C)(4)         grams or more, but less than 400 grams

44-53-375     Trafficking in ice, crank, or crack cocaine 400

(C)(5)         grams or more

44-53-445     Distribute, sell, or manufacture, or possess with

(B)(1)&(2)     intent to distribute controlled substances within proximity of school; and

(c) the offenses enumerated below:

16-1-40       Accessory before the fact for any of the offenses listed in subitems (a) and (b)

16-1-80       Attempt to commit any of the offenses listed in subitems (a) and (b).

(3)   'Conviction' means any conviction, guilty plea, or plea of nolo contendere.

(D)   No person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good time credits, and any similar program for early release.

B. For the purpose of this section only, a conviction is considered a prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the imposition of the sentence for that prior offense.

A conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.

(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor."

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

Amend title to conform.

Senator RICHTER argued in favor of the adoption of the amendment.

Senator BRYAN spoke on the Bill.

Point of Quorum

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

Senator BRYAN continued speaking on the Bill.

Motion Adopted

Senator BRYAN asked unanimous consent to take up for immediate consideration Amendment No. 10AA.

Parliamentary Inquiry

Senator MARTIN made a Parliamentary Inquiry as to whether or not Amendment No. 10A should be considered first, rather than Amendment No. 10AA.

The PRESIDENT stated that it would take unanimous consent to take up Amendment No. 10AA.

There was no objection to taking up for immediate consideration Amendment No. 10AA.

Amendment No. 10AA

Senator BRYAN proposed the following Amendment No. 10AA (JUD0041.019), which was adopted:

Amend the amendment, as and if amended, page 3, Section 17-25-45(C)(1), as contained in SECTION 1, by striking the following:

/56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol/.

Amend the amendment further, as and if amended, page 4, Section 17-25-45(C)(2)(b), as contained in SECTION 1, by striking /within the proximity of school; and   / and inserting the following:

/within the proximity of school/

Amend the amendment further, as and if amended, page 4, by adding a new item to Section 17-25-45(C)(2)(b) to read:

/56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and/

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

Amendment No. 10AA was adopted.

The question then was the adoption of Amendment No. 10A, as amended.

Senator JACKSON argued contra to the adoption of the amendment.

Senator RICHTER spoke on the amendment.

Senator PATTERSON argued contra to the adoption of the amendment.

RECESS

At 5:47 P.M., with Senator PATTERSON retaining the floor, Senator RICHTER asked unanimous consent to make a motion that the Senate recede from business for five minutes.

There was no objection.

At 6:07 P.M., the Senate resumed.

Senator PATTERSON continued arguing contra to the adoption of the amendment.

OBJECTION

With Senator PATTERSON retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Senate stand adjourned.

Senator RICHTER objected.

Senator PATTERSON argued contra to the adoption of the amendment.

On motion of Senator PATTERSON, debate was interrupted by adjournment.

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Ms. Joyce L. Leavell, P.O. Box 363, Hardeeville, S.C. 29927 VICE Ernest White (resigned)

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

Reappointment, Marion County Magistrate, with term to commence July 1, 1990, and to expire April 30, 1994:

Mr. Levone Graves, 355 East Wine St., Mullins, S.C. 29574

ADJOURNMENT

At 6:22 P.M., on motion of Senator PATTERSON, the Senate adjourned to meet tomorrow at 11:00 A.M.

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