South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Thursday, May 13, 1993

(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, Jesus said, as recorded in the Gospel of St. John, chapter eleven (vv. 9,10):

"If any one walks in the day, he does not

stumble, because he sees the light of this

world. But if anyone walks in the night,

he stumbles, because the light is not in

him."
Let us pray.

God, our Father, we never cease to marvel at the provisions that You make to meet the physical and spiritual needs of Your creatures.

Your highest creatures, the human race, need only to use aright the gifts You give us.

We stand in awe of Your power that keeps the planets and the stars suspended, and speeding, through the tracks of space. Yet how wonderful it is to know that You are sensitive to the fall of every bird, and the faint whispers of the hopes and needs of the human spirit.

Some of these we speak of in our prayers.

Even as we pray for wisdom to make good choices today, we sing the praises of Him Who is the Light of this world. We are startled to hear that He said to us of faith, "You are the light of this world."

Amen.

Point of Quorum

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

Call of the Senate

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

The Senate resumed.

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

REGULATIONS RECEIVED

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

Document No. 1632
Promulgated by Public Service Commission
Telecommunications utilities
Received by Lt. Governor May 12, 1993
Referred to Senate Committee on Judiciary
120 day review expiration date April 18, 1994

Document No. 1644
Promulgated by State Housing Finance and Development Authority
Housing Trust Fund, maximum amount
Received by Lt. Governor May 12, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date April 18, 1994

Document No. 1645
Promulgated by Housing Finance and Development Authority
Housing Trust Fund Monitoring Procedures
Received by Lt. Governor May 12, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date April 18, 1994

MOTION WITHDRAWN

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Abbreviated Title)

Senator MOORE asked unanimous consent to make a motion to place the Bill in the status of Interrupted Debate.

Senators LEATHERMAN, McCONNELL, J. VERNE SMITH, DRUMMOND, WILLIAMS, MITCHELL, GIESE, SETZLER and MOORE spoke on the motion.

On motion of Senator MOORE, with unanimous consent, the motion was withdrawn.

Doctor of the Day

Senator McCONNELL introduced Dr. William Marks of Charleston, S.C., Doctor of the Day.

Leave of Absence

At 11:30 A.M., Senator DRUMMOND requested a leave of absence for Monday, May 17, 1993, from 12:00 Noon to 6:00 P.M.

Leave of Absence

At 11:30 A.M., Senator J. VERNE SMITH requested a leave of absence upon convening Tuesday, May 18, 1993, until 3:00 P.M.

Leave of Absence

At 12:05 P.M., Senator PASSAILAIGUE requested a leave of absence for the balance of the day.

Point of Personal Interest

Senator RICHTER rose to a Point of Personal Interest.

Point of Personal Interest

Senator MITCHELL rose to a Point of Personal Interest.

Message from the House

Columbia, S.C., May 12, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3174 -- Rep. Felder: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO DEFINE OWNERSHIP AND FINANCIAL INTEREST IN BEER OPERATIONS AS REGARDS TIERS IN THE INDUSTRY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 12, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.
Very respectfully,
Speaker of the House

Received as information.

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 539 -- Senator Drummond: A BILL TO AMEND SECTIONS 9-1-1560 AND 9-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS RETIRING FROM THOSE SYSTEMS AFTER OCTOBER 15, 1992, AT ANY AGE AS A RESULT OF DISABILITY MUST RECEIVE A BENEFIT EQUAL TO AT LEAST FIFTEEN PERCENT OF AVERAGE FINAL COMPENSATION.

The House returned the Bill with amendments.

Senator DRUMMOND proposed the following amendment (PT\22121SD.93), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 4 and 5 and inserting:

/SECTION 4. The third and fourth paragraphs of Section 9-1-1140 of the 1976 Code are amended to read:

"Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each two years of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment prior to his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to his employment by an employer the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the State. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than ten percent and effective July 1, 1994, twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any other retirement system for the same period of service.

A member who leaves employment to attend undergraduate or graduate school and returns directly to employment may establish up to two years' retirement credit by paying the actuarial cost as determined by the Board board. However, the member contribution must not be less than ten percent and effective July 1, 1994, twelve percent of current salary or the average of the three highest consecutive fiscal years, whichever is greater, for each year prorated for periods of less than a year."

SECTION 5. Section 9-1-1710 (2) of the 1976 Code, as last amended by Act 64 of 1991, is further amended to read:

"(2) On or after July 1, 1975, any member may elect to become entitled to creditable service on account of his out-of-state service by making a special lump-sum contribution equal to ten percent and effective July 1, 1994, twelve percent of his annual earnable compensation at the time of payment for each year of out-of-state service and a proportionate part thereof for a fraction of a year, provided that the earnable compensation used as a basis for the special lump-sum contribution must not be less than his earnable compensation in any one of the three preceding fiscal years. A member who elects to receive creditable service for out-of-state service may establish a portion of the service on a one-time basis except the balance may be established in accordance with Section 9-1-80. The out-of-state service must be matched on a one-for-one basis with in-state service. Out-of-state service may not exceed the total creditable service, exclusive of out-of-state service which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. A member who elects to receive creditable service for his out-of-state service shall establish credit for all service for which he is eligible, except that the service shall not exceed the total creditable service, exclusive of out-of-state service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. The contribution thereafter must be treated in the same way as the regular contributions required of a member hereunder."

SECTION 6. Section 9-1-1840 of the 1976 Code is repealed.

SECTION 7. This act takes effect upon approval of the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

S. 597--ENROLLED FOR RATIFICATION

Message from the House

Columbia, S.C., May 13, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

NOTICE OF MOTION

On motion of Senator McCONNELL, under the provisions of Rule 44, one day's notice was given of a motion to suspend all or a portion of the second paragraph of Rule 33.

RECALLED

H. 4137 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORTING TERMINATION OF SCHOOL DISTRICT PERSONNEL TO STATE DEPARTMENT OF EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1554, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

On motion of Senator SETZLER, with unanimous consent, the Resolution was ordered placed on the Calendar without reference.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 772 -- Senator Russell: A BILL TO AMEND SECTION 31-3-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AUTHORITIES, SO AS TO PROVIDE FOR COUNTY REPRESENTATION ON CITY HOUSING AUTHORITIES WHEN SUCH AUTHORITY EXERCISES EXTRATERRITORIAL POWERS WITHIN THE COUNTY.

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

S. 773 -- Senators Wilson, Elliott, Reese, Lander and Greg Smith: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.

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

S. 774 -- Senator Bryan: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PATIENT COUNSELING, PROSPECTIVE DRUG REVIEW, AND PATIENT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 774--Ordered to a Second Reading

On motion of Senator MACAULAY, with unanimous consent, S. 774 was ordered to receive a second reading on Friday, May 14, 1993.

H. 4169 -- Reps. McLeod, Harrelson, Baker, Harrison, Hutson, Riser, Witherspoon, Wilkins, J. Bailey, Byrd, Cromer, Neilson, Thomas, Graham, Inabinett, Moody-Lawrence, Wells, Allison, Wright, Klauber, T.C. Alexander, Harrell, G. Bailey, P. Harris, Kinon, Lanford, Walker, Waites, Meacham, Stille, Houck, Carnell, Chamblee, Robinson, Gonzales, Hines, G. Brown, Felder, Meacham, Kennedy, Harwell, Simrill, R. Smith, Harvin, Tucker, Kelley, Stone, Cooper, McMahand, Sturkie, Townsend, Holt, Stuart, Neal, Vaughn, Shissias, Haskins, D. Smith, Richardson, and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE BUDGET AND CONTROL BOARD, DIVISION OF HUMAN RESOURCE MANAGEMENT, TO UNDERTAKE A STUDY OF THE EMPLOYEES OF THE MOTOR VEHICLE DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 18, 1994.

Whereas, the citizens of the State of South Carolina endure long lines whenever they conduct business with the Motor Vehicle Division of the South Carolina Department of Highways and Public Transportation; and

Whereas, the citizens of this State are often subjected to employees of this agency who do not have the patience, proper attitude, or compassion to deal with the public. Now, therefore,

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

That the Budget and Control Board, Division of Human Resource Management, shall conduct a study to determine the appropriate elements that should be taken to correct this situation at the South Carolina Department of Highways and Public Transportation and report their findings back to the General Assembly no later than January 18, 1994.

Be it further resolved that a copy of this resolution be forwarded to Phyllis M. Mayes, Director, Division of Human Resource Management.

Referred to the Committee on Transportation.

H. 4170 -- Reps. Sheheen, Delleney, Fulmer, Harrison, McElveen and McTeer: A CONCURRENT RESOLUTION TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE INTERESTS OF THE STATE OF SOUTH CAROLINA IN ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER LEARNING FOR THE PURPOSE OF PROVIDING SINGLE-GENDER POST-SECONDARY EDUCATIONAL OPPORTUNITIES TO ITS CITIZENS, AND TO ESTABLISH A COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EXPLORING ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER EDUCATIONAL OPPORTUNITIES FOR WOMEN.

Whereas, the federal courts in various jurisdictions have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and are constitutionally permissible based on legitimate public policy considerations which justify single-gender education; and

Whereas, studies conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages over coeducational institutions in numerous areas, and the data developed suggests that the differences between a single-gender student population and a coeducational one justify a state's offering single-gender education; and

Whereas, a state nevertheless must provide constitutionally permissible single-gender opportunities in higher education based on public policy considerations which justify single-gender classifications as being in the best interests of the providing state; and

Whereas, the General Assembly of the State of South Carolina, by this resolution, declares and stipulates that the public policy considerations and state interests of South Carolina in establishing, supporting, and providing for single-gender institutions of higher learning are as follows:

1. Policy of Diversity.

South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program emphasis, student population, and location so as to provide students with a variety of academic opportunities and experiences. In compliance with this policy of diversity, South Carolina has established a variety of diverse educational post-secondary institutions ranging from small colleges to large regional universities, from liberal arts programs to specific research-based programs, from two-year institutions to four-year institutions with no graduate programs and to four-year institutions with comprehensive graduate and professional schools. In this context, a policy of diversity should include places for single-gender institutions within the overall higher education system of this State. The single-gender institutions this State has supported over the years have been as a result of the legitimate state interest and desire for diversity in its educational institutions, and a belief that a diverse state program that includes both single-gender programs and coeducational programs better meets the individual needs of students than does a program or policy that requires all students, without regard to individual needs, to attend coeducational colleges.

2. Policy of Meeting Need and Demand.

A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered. It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has supported such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular, fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and providing the types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and support. In addition, where a single-gender institution produces graduates of a particular discipline, training, or expertise, and the record shows that this type of training could not be as successfully developed at a coeducational institution, a legitimate and important state interest is served if the State through its agencies and programs or the nation through its agencies and programs utilizes these graduates for compelling state or national needs.

3. Policy of Autonomy.

In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide framework.

The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research universities offer degree programs through the doctoral level and professional programs consistent with their respective missions. In addition, their missions emphasize funded research and public service activities that complement academic programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs, including graduate programs at the master's degree level in selected fields as well as public service and research programs. This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-gender program if sufficient demand for such a program exists and if the program fits within the broad framework of the overall state educational system.

The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the enactment of such vehicles as specific admission requirements based on gender or other similar requirements.

4. Policy of Economy of Resources.

The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it is mandatory and a compelling public policy and state interest that the available resources and funding for each institution of higher learning be used in the most efficient and effective manner possible.

Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational institution. A single-gender institution can deliver some specific programs, including those with holistic or adversarial characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in providing these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender educational opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant of a single-gender institution must have certain characteristics different from those of a coeducational institution for the purpose of ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant of a single-gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive.

Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher education system so that unique programs may be offered to interested students in the most economical and efficient manner possible without unnecessary duplication and additional expense.

5. Policy of Choice.

Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed. Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement; and

Whereas, for reasons and policies above provided, South Carolina has historically supported and continues to support single-gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs; and

Whereas, presently in South Carolina single-gender educational opportunities exist for men at The Citadel but do not exist for women in all areas; and

Whereas, the members of the General Assembly, by this resolution, express their belief that it is appropriate for this State to begin the process of providing single-gender educational opportunities for women. Now, therefore,

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

That the General Assembly for the reasons stipulated in this resolution hereby declares that the public policy objectives and the state interest of the State of South Carolina in establishing single-gender institutions of higher learning for the purpose of providing single-gender post-secondary education opportunities to its citizens are as contained in this resolution.

Be it further resolved that a committee of ten members is created to assist the State of South Carolina in carrying out its responsibilities of providing single-gender educational opportunities for women, and the committee shall formulate recommendations for the General Assembly to consider in exploring alternatives for the provision of single-gender educational opportunities for women.

Five members of the committee shall be appointed by the Speaker of the House of Representatives and five members of the committee shall be appointed by the President Pro Tempore of the Senate. The members of the committee shall meet as soon as practicable after appointment and shall organize, elect officers, and adopt rules to govern the proceedings of the committee.

The committee shall submit its report to the General Assembly at the beginning of its 1994 Session, at which time the committee shall be dissolved. During its deliberations, the committee shall be staffed by such personnel as provided and assigned by the Speaker of the House from House staff and the President Pro Tempore of the Senate from Senate staff.

Referred to the General Committee.

H. 4191 -- Reps. G. Brown, Neal, Canty, McElveen and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILLCREST HIGH SCHOOL "WILDCATS" BOYS BASKETBALL TEAM OF SUMTER ON WINNING THE AAAA STATE CHAMPIONSHIP FOR 1993 AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 19, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4193 -- Reps. Mattos, Vaughn, McMahand, Fair, M.O. Alexander, Anderson, Wilkins, Haskins, Clyborne and Cato: A CONCURRENT RESOLUTION TO RECOGNIZE THE TEN STUDENTS FROM SIX GREENVILLE COUNTY HIGH SCHOOLS WHO HAVE BEEN CHOSEN TO PLAY ON THE FIRST GIRLS BASKETBALL TEAM THAT WILL SPEND TWO WEEKS IN BELGIUM WITH THE GREENVILLE SISTER CITIES INTERNATIONAL PROGRAM AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4194 -- Reps. Breeland, Hallman, Fulmer, Holt, J. Bailey, Harrell, Keyserling, Whipper, Barber, Govan and Inabinett: A CONCURRENT RESOLUTION TO CONGRATULATE MISS AUDRA WALLACE OF CHARLESTON UPON BEING NAMED MISS 1993 SOUTH CAROLINA.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4195 -- Reps. Breeland, Hallman, Barber, Scott, Fulmer, Waites, Rogers, J. Brown, Neal, Corning, Harrison, Byrd and Shissias: A CONCURRENT RESOLUTION TO CONGRATULATE TARA MARIE KILLIAN OF COLUMBIA UPON BEING NAMED MISS 1993 TEEN SOUTH CAROLINA.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

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

H. 3601 -- Reps. Spearman, White and McAbee: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS INCOME TAX CREDIT, SO AS TO PROVIDE THAT COUNTIES WITH A POPULATION LESS THAN TWENTY THOUSAND ACCORDING TO THE 1990 UNITED STATES CENSUS ARE CONSIDERED LESS DEVELOPED COUNTIES FOR PURPOSES OF THE CREDIT AMOUNT ALLOWED.

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

REPORTS OF STANDING COMMITTEES

Senator LAND from the Committee on Transportation submitted a favorable report on:

H. 3099 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Ordered for consideration tomorrow.

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

H. 3610 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR. (Abbreviated Title)

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3715 -- Rep. Rogers: A BILL TO AMEND SECTION 41-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "FACILITY", "DUMBWAITER", AND "DORMANT FACILITY" AND TO PROVIDE DEFINITIONS FOR THE TERMS "TEMPORARILY DECOMMISSIONED FACILITY" AND "HANDICAP LIFT"; TO AMEND SECTION 41-16-40, RELATING TO THE ELEVATOR CODE AND THE ISSUANCE OF REGULATIONS, SO AS TO PROVIDE FOR CONTROL OR PREVENTION OF ACCESS TO TEMPORARILY DECOMMISSIONED FACILITIES AND QUALIFICATIONS FOR OBTAINING A SPECIAL INSPECTOR'S LICENSE, REVOCATION OF A SPECIAL INSPECTOR'S LICENSE, DISQUALIFICATION OF SPECIAL INSPECTORS, AND ETHICS OF SPECIAL INSPECTORS; TO AMEND SECTION 41-16-100, RELATING TO OPERATING PERMITS UNDER THE ELEVATOR CODE, SO AS TO DELETE REFERENCES TO "PERMIT" AND "PERMITS" AND SUBSTITUTE "CERTIFICATE" AND "CERTIFICATES" THEREFOR, PROVIDE A REFERENCE FOR "HANDICAP LIFT", DELETE CERTAIN LANGUAGE, AND PROVIDE THAT CERTIFICATES MUST BE ISSUED WITHIN THIRTY DAYS AFTER DETERMINATION BY THE DEPARTMENT OF LABOR THAT ALL DEFICIENCIES FOUND UPON INSPECTION HAVE BEEN CORRECTED AND ALL FEES HAVE BEEN PAID; TO AMEND SECTION 41-16-110, RELATING TO THE ELEVATOR CODE AND ORDERS, REVOCATION OF OPERATING PERMITS, AND JUDICIAL RELIEF, SO AS TO DELETE PROVISIONS RELATING TO THE COMMISSIONER OF LABOR ORDERING A PROPERTY OWNER TO MAKE CHANGES NECESSARY FOR COMPLIANCE UNDER CERTAIN CIRCUMSTANCES, AND RELATING TO THE COMMISSIONER SUSPENDING OR REVOKING AN OPERATING PERMIT OR REFUSING TO ISSUE AN OPERATING PERMIT FOR A FACILITY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 41-16-140, RELATING TO FEES UNDER THE ELEVATOR CODE, SO AS TO PROVIDE THAT IN CASES WHERE THE FEES ARE NOT PAID WITHIN SIXTY DAYS, THE ATTORNEY GENERAL SHALL BRING AN ACTION AGAINST THE ASSESSED OWNER OR OPERATOR, PROVIDE FOR THE DEPOSIT OF ANY AMOUNTS COLLECTED, AND PERMIT THE STATE TO BE GRANTED COSTS AND ATTORNEYS' FEES FOR THESE ACTIONS; AND TO AMEND SECTION 41-16-180, RELATING TO THE ELEVATOR CODE AND CIVIL PENALTIES, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE FOR THE ASSESSMENT OF VARIOUS CIVIL PENALTIES IN VARYING AMOUNTS UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND CONDITIONS, REQUIRE ALL AMOUNTS COLLECTED UNDER THIS SECTION TO BE TURNED OVER TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND, AND PROVIDE THAT ANY OWNER, OPERATOR, MANAGEMENT COMPANY, OR CONTRACTOR AFFECTED OR AGGRIEVED BY CERTAIN THINGS MAY PETITION THE COMMISSIONER OF LABOR FOR ADMINISTRATIVE REVIEW.

Ordered for consideration tomorrow.

Invitation Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Blue Cross/Blue Shield of South Carolina to attend a picnic and softball game at the Capital City Bombers' Stadium on Wednesday, May 19, 1993, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Thomas Patterson Stilwell
Russell O'Dell

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews Passailaigue

TOTAL--2

Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

Privilege of the Chamber and Floor

Senator CORK's written request that on Thursday, May 20, 1993, Miss Sarah Jane Fronczak and family members be granted the Privilege of the Chamber, to that area behind the rail, and that Miss Fronczak be granted the Privilege of the Floor for the purpose of receiving a Certificate of Achievement.

The report was adopted without objection.

HOUSE CONCURRENCE

S. 724 -- Fish, Game & Forestry Committee: A CONCURRENT RESOLUTION TO ENCOURAGE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO WORK WITH AGRICULTURAL INTERESTS TO IDENTIFY AREAS WHERE SIGNIFICANT CROP DAMAGE OCCURS DUE TO WHITE-TAILED DEER, REQUEST SPORT HUNTERS, LAND OWNERS, AND LAND MANAGERS TO HARVEST ANTLERLESS DEER TO REDUCE DEER POPULATIONS IN THESE AREAS, AND REQUEST APPROPRIATE RESEARCH.

Returned with concurrence.

Received as information.

NONCONCURRENCE

S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.

The House returned the Bill with amendments.

On motion of Senator LAND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4161 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1993, AND ENDING JUNE 30, 1994.

(By prior motion of Senator ELLIOTT)

H. 3739 -- Reps. Harwell and Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND ENDING JUNE 30, 1993.

(By prior motion of Senator ELLIOTT)

H. 3049 -- Rep. Cromer: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO DELETE THE REQUIREMENT THAT THE MEMBER REPRESENTING EACH CONGRESSIONAL DISTRICT MUST PRACTICE IN THAT DISTRICT, DELETE PROVISIONS RELATING TO STAGGERED TERMS FOR INITIAL APPOINTMENTS, AND MAKE TECHNICAL CORRECTIONS.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.

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

THIRD READING BILL

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

S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 537 -- Senators Stilwell, J. Verne Smith, Thomas and Leatherman: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (S537.001) proposed by Senator STILWELL and previously printed in the Journal of May 12, 1993.

Senator STILWELL explained the previously proposed amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 464 -- Senators Glover and Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO REQUIRE THE FEDERAL HOLIDAY CELEBRATING MARTIN LUTHER KING, JR.'S BIRTHDAY AS A REQUIRED STATE HOLIDAY.

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

The Invitations Committee proposed the following amendment (464R001.JEC), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read as follows:

/ SECTION . Section 53-5-20 of the 1976 Code is repealed. /

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE proposed the following amendment (464R002.ELP), which was adopted:

Amend the bill, as and if amended, page 1, line 31, by inserting after the word / the / and inserting:

/ twenty-fourth, /

Amend the bill further, as and if amended, page 1, line 39, after the words / June 3, / by inserting:

/ December 24, /

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

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

SECOND READING BILLS

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

S. 769 -- Senator Martin: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

(By prior motion of Senator MARTIN)

H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.

ADOPTED

H. 4159 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF SOUTH CAROLINA FOR ITS ACCOMPLISHMENTS IN ASSISTING ITS MEMBERS TO ACHIEVE A HIGH DEGREE OF PROFESSIONAL COMPETENCE AND PUBLIC TRUST AND TO DECLARE WEDNESDAY, MAY 19, 1993, AS CERTIFIED GOVERNMENT FINANCE OFFICERS DAY IN SOUTH CAROLINA.

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

CARRIED OVER

S. 507 -- Senators Giese, Martin, Passailaigue, Washington, Rose, Ryberg, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.

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

H. 3903 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, RELATING TO LICENSING OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1620, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator PEELER, with unanimous consent, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION TABLED

S. 519 -- Senators Richter and Rose: A BILL TO AMEND SECTION 16-3-26, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHENEVER ANY PERSON IS CHARGED WITH MURDER AND THE DEATH PENALTY IS SOUGHT, THE COURT, UPON DETERMINING THAT SUCH PERSON IS UNABLE FINANCIALLY TO RETAIN ADEQUATE LEGAL COUNSEL, SHALL APPOINT THE PUBLIC DEFENDER TO REPRESENT SUCH PERSON; AND TO DELETE PROVISIONS RELATING TO THE APPOINTMENT OF OTHER INDEPENDENT TRIAL COUNSELS TO DEFEND SUCH PERSON.

Senator RICHTER moved that the Bill be made a Special Order.

Senator RICHTER argued in favor of the motion and Senators LAND and MITCHELL argued contra.

Senator MITCHELL moved to table the motion.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 22; Nays 21

AYES

Bryan Elliott Ford
Glover Holland Jackson
Land Lander Leatherman
McConnell McGill Mitchell
Moore Patterson Rankin
Reese Saleeby Short
Smith, G. Smith, J.V. Washington
Williams

TOTAL--22

NAYS

Cork Courson Courtney
Drummond Giese Gregory
Hayes Macaulay Martin
Mescher O'Dell Peeler
Richter Rose Russell
Ryberg Setzler Stilwell
Thomas Waldrep Wilson

TOTAL--21

The motion to make the Bill a Special Order was laid on the table.

MOTION TABLED

S. 339 -- Senators Giese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.

Senator GIESE moved that the Bill be made a Special Order.

Senator WILLIAMS spoke on the motion.

Senator McCONNELL spoke on the motion.

Senator GIESE argued in favor of the motion.

Senator WILLIAMS moved to table the motion.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 16

AYES

Bryan Drummond Elliott
Glover Holland Jackson
Land Leatherman Macaulay
Martin McConnell McGill
Mitchell Moore O'Dell
Patterson Peeler Rankin
Reese Saleeby Short
Smith, G. Stilwell Waldrep
Williams

TOTAL--25

NAYS

Cork Courson Courtney
Giese Gregory Hayes
Lander Mescher Richter
Rose Russell Ryberg
Setzler Thomas Washington
Wilson

TOTAL--16

The motion to make the Bill a Special Order was laid on the table.

Statement by Senator McCONNELL

I voted to table because we are at the near end of the session. We need to take up the Restructuring Bill and the Appropriations Bill and do not need to plug up the Calendar with a Bill that is already contained in the Appropriations Bill for consideration next week. I probably will support the Bill on the merits next week in the Appropriations Bill or as a separate Bill after we finish the Restructuring and the Appropriations Bills. I may be voting to kill restructuring on some other legislation if I clog the Calendar with this and other Bills unnecessarily.

MOTION ADOPTED

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

MADE ADJOURNED DEBATE

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Abbreviated Title)

On motion of Senator McCONNELL, with unanimous consent, H. 3546 was placed in the status of Adjourned Debate ahead of all other Adjourned Debates.

STATEWIDE APPOINTMENTS

Confirmations

Having received a favorable report from the Committee on Labor, Commerce and Industry, on motion of Senator RYBERG, the following appointments were confirmed:

Initial Appointments, Members, Savannah Valley Authority, with terms to expire June 30, 1994:

Allendale/Hampton/Jasper:

Mr. E. Larry Hutto, P.O. Box 186, Hampton, S.C. 29924

Pickens:

Mr. Daniel E. Youngblood, 203 McAlister Trace, Easley, S.C. 29642

Oconee:

Mr. Horace J. McGee, 145 Summers Way, Seneca, S.C. 29678

New Seat

Aiken:

Mr. James L. Victor, 342 Barnard Avenue, SE, Aiken, S.C. 29801

New Seat

Aiken/Barnwell:

Mr. George S. Pardue, 1745 Citation Drive, Aiken, S.C. 29803

New Seat

Time Fixed

Senator WILLIAMS moved that when the Senate adjourns on Friday, May 14, 1993, it stand adjourned to meet next Monday, May 17, 1993, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:52 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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