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, we read the Oxford Revised Standard Version rendering of Psalm 19, verses 7-8:
"The law of the Lord is perfect,

reviving the soul;
The testimony of the Lord is sure,

making wise the simple;
The precepts of the Lord are right,

rejoicing the heart;
The commandment of the Lord is pure,
enlightening the eyes;..."
Let us pray.

O God, the Almighty One, we marvel at the manifestation of Your laws in the world of nature... as well as in the spiritual realm.

We cannot veto... or overcome... the laws of nature. We must cooperate! We must work together! Nature is a great challenge!

Make us good stewards of nature's gifts!

In the spiritual realm, O Lord, teach us to obey Your laws. Help us to realize that we transgress... or violate... them at our own peril!

We cannot break the Ten Commandments... but we can break ourselves by trying to ignore them!

As we seek knowledge concerning so many issues, make us wise in the ways of God... who made all laws for mankind's good.

Amen.

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

Columbia, S.C., February 20, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R274, H. 4192 by a vote of 3 to 0:
(R274) H. 4192 -- Rep. Cato: AN ACT TO REPEAL ACT 834 OF 1976 RELATING TO THE AUTHORIZATION GRANTED TO THE GOVERNING BODY OF THE SLATER-MARIETTA FIRE DISTRICT IN GREENVILLE COUNTY TO PROVIDE POLICE PROTECTION WITHIN THE DISTRICT.
Very respectfully,
Speaker of the House

(R274) H. 4192 -- Rep. Cato: AN ACT TO REPEAL ACT 834 OF 1976 RELATING TO THE AUTHORIZATION GRANTED TO THE GOVERNING BODY OF THE SLATER-MARIETTA FIRE DISTRICT IN GREENVILLE COUNTY TO PROVIDE POLICE PROTECTION WITHIN THE DISTRICT.

The veto of the Governor was taken up for immediate consideration.

Senator J. VERNE SMITH moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson

The veto of the Governor was overridden.

Columbia, S.C., February 20, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R277, H. 4042 by a vote of 8 to 0:
(R277) H. 4042 -- Rep. Holt: AN ACT TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND DESIGNATE THE AREAS FROM WHICH MEMBERS MUST BE APPOINTED, TO PROVIDE THAT THE TERMS OF CURRENT COMMISSIONERS END WHEN THEIR SUCCESSORS APPOINTED IN 1992 TAKE OFFICE, TO STAGGER THE TERMS OF COMMISSION MEMBERS, AND TO PROVIDE THAT FORMER COMMISSIONERS MAY BE APPOINTED TO THE RECONSTITUTED COMMISSION.
Very respectfully,
Speaker of the House

(R277) H. 4042 -- Rep. Holt: AN ACT TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND DESIGNATE THE AREAS FROM WHICH MEMBERS MUST BE APPOINTED, TO PROVIDE THAT THE TERMS OF CURRENT COMMISSIONERS END WHEN THEIR SUCCESSORS APPOINTED IN 1992 TAKE OFFICE, TO STAGGER THE TERMS OF COMMISSION MEMBERS, AND TO PROVIDE THAT FORMER COMMISSIONERS MAY BE APPOINTED TO THE RECONSTITUTED COMMISSION.

The veto of the Governor was taken up for immediate consideration.

Senator MARTSCHINK moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson

The veto of the Governor was overridden.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:10 A.M. and the following Acts were ratified:

(R284) S. 797 -- Senator Martin: AN ACT TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.

(R285) S. 1266 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE ROCK HILL NO. 6 TO CREATE AN ADDITIONAL VOTING PRECINCT NAMED ROCK HILL NO. 8.

(R286) S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: AN ACT TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-165 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS AND FOR THE PILOT-TESTING OF THESE PACKAGES; SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION OPTIONS FOR EIGHTH GRADE STUDENTS AND THEIR PARENTS OR GUARDIANS; SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE WITH THE COMMISSION ON HIGHER EDUCATION AND THE HIGHER EDUCATION INSTITUTIONS IN THIS COUNSELING PROGRAM; AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING PROGRAM.

(R287) H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: AN ACT TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY; TO PROVIDE THAT EFFECTIVE JULY 1, 1992, SOUTH CAROLINA STATE COLLEGE IS CHANGED TO SOUTH CAROLINA STATE UNIVERSITY, WINTHROP COLLEGE IS CHANGED TO WINTHROP UNIVERSITY, AND FRANCIS MARION COLLEGE IS CHANGED TO FRANCIS MARION UNIVERSITY; TO PROVIDE THAT THE BOARDS OF TRUSTEES OF LANDER COLLEGE AND THE CITADEL ARE AUTHORIZED TO CHANGE THE TITLES OF THESE INSTITUTIONS TO REFLECT UNIVERSITY STATUS UNDER CERTAIN CONDITIONS; TO REQUIRE THE UNIVERSITY OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, WINTHROP UNIVERSITY, AND FRANCIS MARION UNIVERSITY TO COMPLY WITH CERTAIN PROVISIONS OF LAW REGARDING BUDGETARY PROCEDURES WITH THE COMMISSION ON HIGHER EDUCATION; AND TO PROVIDE THAT THERE MUST BE NO INCREASE OF COSTS TO THE STATE AS A RESULT OF THE ABOVE PROVISIONS.

(R288) H. 3731 -- Rep. P. Harris: AN ACT TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.

S. 1304 -- Senators Saleeby, Land, Mullinax, Bryan, Pope, Lourie, Macaulay, McConnell, McGill, Nell W. Smith, Hinds, Holland, O'Dell, Stilwell, Fielding, Washington, Matthews, Moore and Reese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION BEFORE ADOPTING A REFORM PACKAGE DEALING WITH MEDICAL INSURANCE.

On motion of Senator MACAULAY, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Medical Affairs and ordered placed on the Calendar for consideration tomorrow.

The following was introduced:

S. 1312 -- Senators Moore, Setzler and Shealy: A SENATE RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL "BULLDOG" FOOTBALL TEAM AND ITS COACHES FOR WINNING THE CLASS AA STATE FOOTBALL CHAMPIONSHIP FOR 1991.

Whereas, the members of the Senate were delighted to learn that Silver Bluff High School "Bulldogs" won the Class AA State Football Championship for 1991; and

Whereas, under the direction of their coach, Butch Jacobs, they were able to again become the best team in their classification and continue to be a force to be reckoned with not only in Class AA football but in whatever other classification they choose to play; and

Whereas, the members of the Senate are also particularly pleased that Coach Jacobs could be with the team this year during its visit to the General Assembly because after Silver Bluff won the 1990 State Class AA championship, he left the following day for Saudi Arabia as a member of this country's Armed Forces contingent in Operation Desert Storm; and

Whereas, the members of the Senate, by this resolution, would like to publicly recognize and congratulate this talented group of young men and their excellent coaching staff upon winning this truly deserved championship. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate congratulate the Silver Bluff High School "Bulldog" Football Team and its coaches for winning the Class AA State Football Championship for 1991.

Be it further resolved that a copy of this resolution be sent to Coach
Butch Jacobs.

On immediate consideration, the Senate Resolution was adopted.

S. 1313 -- Senators J. Verne Smith, Bryan, Mitchell, Thomas, Stilwell, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER SENATOR P. BRADLEY MORRAH, JR. OF GREENVILLE AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the Honorable P. Bradley Morrah, Jr. of Greenville, a former member of the South Carolina Senate and House of Representatives, died on February 17, 1992, at the age of seventy-six; and

Whereas, in 1936, he graduated from The Citadel, where he lettered in basketball and track, and, in 1939, he graduated from Duke University Law School; and

Whereas, he served in the House from Greenville County in 1941 and again from 1947 to 1948, and he represented Greenville County in the Senate from 1953 to 1966; and

Whereas, he was a very highly respected member of the General Assembly and was a distinguished practicing attorney, having served as president of the Greenville County Bar Association; and

Whereas, he served as chairman of the South Carolina American Revolution Bicentennial Commission and the United States Constitution Bicentennial Commission of South Carolina; and

Whereas, he served in the Second World War, attained the rank of major in the Army, and received the Bronze Star and seven battle stars; and

Whereas, he contributed greatly of his time, talents, and energy to many civic organizations and causes and dedicated a large part of his life to public service; and

Whereas, he was one of the best-liked and most-admired office holders ever in the State, a giving and caring man, and a true gentleman, and he will be missed terribly by his countless friends; and

Whereas, we want his family and his friends to know that they are uppermost in our thoughts and have our deepest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of former Senator P. Bradley Morrah, Jr. of Greenville and extend sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to Senator Morrah's family in care of his son, Bradley Morrah, III of Greenville.

Senator J. VERNE SMITH spoke on the Resolution.

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

S. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1315 -- Senator Bryan: A BILL TO REPEAL SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT FOR NONCAPITAL PROGRAMS.

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

S. 1316 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-3-251, 56-3-252, 56-3-253, AND 56-3-254 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DEVELOP A COUNTY PROPERTY TAX STICKER AND PROVIDE FOR RELATED REQUIREMENTS AND PENALTIES, BIENNIAL REGISTRATION OF MOTOR VEHICLES, AND REQUIREMENTS WHEN DELINQUENT PROPERTY TAXES ARE OWED ON A VEHICLE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS PERTAINING TO MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO DEFINE "FREEZE A VEHICLE'S TITLE"; TO AMEND SECTION 56-3-350, RELATING TO THE REFUSAL BY THE DEPARTMENT TO REGISTER AND LICENSE OR TRANSFER REGISTRATION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH REFUSAL IS AUTHORIZED; TO AMEND SECTION 56-3-376, AS AMENDED, RELATING TO THE SYSTEM OF REGISTRATION, SO AS TO DELETE REFERENCES TO A REPEALED SECTION, CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, AND REVISE THE REGISTRATION FEES AND PERIOD; TO AMEND SECTION 56-3-377, RELATING TO THE EXPIRATION OF REGISTRATION, SO AS TO DELETE THE REFERENCE TO A REPEALED SECTION AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, AND THE EXPIRATION FROM TWELVE TO TWENTY-FOUR MONTHS; TO AMEND SECTION 56-3-385, RELATING TO EXTENSION OF THE DEADLINE FOR LICENSE PLATES AND STICKERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-420, RELATING TO REGISTRATION AND LICENSING OF AUTOMOBILE UTILITY TRAILERS, SO AS TO PROVIDE AN ADDITIONAL AUTHORIZATION TO REFUSE REGISTRATION AND LICENSING; TO AMEND SECTION 56-3-610, RELATING TO THE PAYMENT FOR REGISTRATION AND LICENSING, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-620, RELATING TO THE REGISTRATION FEES FOR CERTAIN VEHICLES, AND SECTION 56-3-640, RELATING TO REGISTRATION AND LICENSE FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO FEES, REGISTRATION, AND LICENSING FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, CHANGE THE REGISTRATION AND LICENSING PERIOD, AND REVISE THE FEES; TO AMEND SECTION 56-3-670, RELATING TO SPECIAL FARM VEHICLE LICENSES FOR FARM TRUCKS, SECTION 56-3-700, RELATING TO REGISTRATION FEES FOR TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SECTION 56-3-710, RELATING TO REGISTRATION FEES FOR HOUSE TRAILERS, SECTION 56-3-720, RELATING TO REGISTRATION FEES FOR CAMPERS AND TRAVEL TRAILERS, SECTION 56-3-740, RELATING TO REGISTRATION FEES FOR TRACKLESS TROLLEY BUSES, SECTION 56-3-750, RELATING TO REGISTRATION AND LICENSE FEES FOR SPECIAL MOBILE EQUIPMENT VEHICLES, AND SECTION 56-3-760, RELATING TO REGISTRATION FEES FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-770, RELATING TO REGISTRATION AND LICENSE FEES FOR MOTOR VEHICLES WITH SOLID TIRES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-780, RELATING TO PERMANENT LICENSE PLATES FOR STATE POLITICAL SUBDIVISION AND CIVIL AIR PATROL MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION AND LICENSE FEES, SO AS TO INCLUDE BIENNIAL REGISTRATION; TO AMEND SECTION 56-3-1230, RELATING TO SPECIFICATIONS FOR LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 56-3-1510, 56-3-1520, AND 56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING PERIOD; TO AMEND SECTIONS 56-3-1610 AND 56-3-1630, RELATING TO SPECIAL LICENSE PLATES FOR EMERGENCY MEDICAL TECHNICIANS, SECTIONS 56-3-1750 AND 56-3-1760, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES MILITARY RESERVE, AND SECTION 56-3-1820, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEES; TO AMEND SECTIONS 56-3-2010 AND 56-3-2020, RELATING TO SPECIAL PERSONALIZED LICENSE PLATES FOR CERTAIN PERSONS, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING PERIOD; TO AMEND SECTIONS 56-3-2150 AND 56-3-2160, RELATING TO SPECIAL LICENSE PLATES FOR THE TRANSPORTATION OF HOUSE TRAILERS, SECTIONS 56-3-2810 AND 56-3-2820, RELATING TO SPECIAL LICENSE PLATES FOR VOLUNTEER FIREMEN, AND SECTIONS 56-3-3310 AND 56-3-3320, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND CHANGE THE LICENSING PERIOD; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL LICENSE PLATES WITH COLLEGE OR UNIVERSITY EMBLEMS, SECTION 56-3-3910, RELATING TO SPECIAL LICENSE PLATES COMMEMORATING THE STATE DANCE, AND SECTION 56-3-3950, RELATING TO SPECIAL "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE LICENSING PERIOD; AND TO REPEAL SECTION 56-3-375 RELATING TO THE REGISTRATION SCHEDULE FOR MOTOR VEHICLES.

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

S. 1317 -- Senator Matthews: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.

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

H. 4347 -- Reps. Keyserling, Barber, Hendricks, Whipper and Rogers: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO STRENGTHEN ENERGY EFFICIENCY STANDARDS FOR MANUFACTURED HOUSING AND TO ALLOW STATES TO REQUIRE GREATER ENERGY EFFICIENCY MEASURES THAN REQUIRED BY THE FEDERAL STANDARDS AND THAT IF THESE MEASURES ARE NOT ACTED UPON BY THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BY 1993, THEN THE STATE OF SOUTH CAROLINA WILL SEEK OTHER REMEDIES TO ENSURE THAT ONLY ENERGY-EFFICIENT MANUFACTURED HOUSING IS ALLOWED TO BE SOLD IN THIS STATE.

Whereas, South Carolina imports almost all of its energy fuels; and

Whereas, South Carolina ranks forty-second in per capita income; and

Whereas, every energy dollar saved is effectively put to use within South Carolina and results in adding three to four dollars to South Carolina's economy; and

Whereas, South Carolina ranks first in the nation in the percentage of residences which are manufactured housing; and

Whereas, manufactured homes comprise about forty percent of new residential electricity connections in South Carolina; and

Whereas, heating and cooling costs of energy-inefficient manufactured homes of similar size can be ten times higher than efficient models; and

Whereas, energy-efficiency standards for manufactured homes are set at the federal level by the Department of Housing and Urban Development, and states cannot require stronger standards for energy-efficiency measures; and

Whereas, South Carolina is in the process of improving energy efficiency in all sectors and manufactured housing represents a very significant energy wasting sector; and

Whereas, South Carolina cannot afford the unnecessary environmental pollution and loss to the state's citizens of millions of dollars that result from wasteful energy construction practices by the manufactured housing industry; and

Whereas, the United States Department of Housing and Urban Development has given no indication of action on the four-year-old congressional mandate to review and upgrade the nation's manufactured housing standards. Now, therefore,

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

That the South Carolina General Assembly, by this resolution, memorializes the United States Congress and the United States Department of Housing and Urban Development to strengthen energy-efficiency standards for manufactured housing and to allow states to require greater energy-efficiency measures than required by the federal standards.

Be it further resolved that if the United States Congress and the United States Department of Housing and Urban Development do not take the measures as urged in this resolution by 1993, the State of South Carolina will seek other remedies to ensure that only energy-efficient manufactured housing is allowed to be sold in this State.

Be it further resolved that a copy of this resolution be sent to the South Carolina Congressional Delegation members and to the Director of the United States Department of Housing and Urban Development.

Referred to the General Committee.

H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.

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

H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.

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

H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4418 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.

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

H. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.

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

S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.

The House returned the Bill with amendments.

Senator BRYAN explained the amendments.

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

S. 1305 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO THE RESCUE 11 EMERGENCY MEDICAL SERVICES SQUAD OF LANDRUM IN SPARTANBURG COUNTY FOR BEING CHOSEN THE WINNER OF THE "STATE EMERGENCY MEDICAL SERVICES SYSTEM OF THE YEAR" AWARD, AND COMMENDING THE SQUAD FOR ITS OUTSTANDING WORK AND PUBLIC SERVICE.

Returned with concurrence.

Received as information.

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

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

H. 3766 -- Reps. Waldrop and Scott: A BILL TO AMEND SECTIONS 32-7-10 AND 32-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.

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

S. 1303 -- Senators Williams and Holland: A BILL TO AMEND SECTION 1-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS, SO AS TO ADOPT THE 1990 CENSUS; AND TO PROVIDE THAT THE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, CONVENTION, OR PETITION FOR A COUNTYWIDE OR LESS THAN COUNTYWIDE OFFICE IS BETWEEN NOON APRIL SIXTEENTH AND NOON APRIL THIRTIETH; AND TO PROVIDE THAT FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE BY A CANDIDATE IN A PRIMARY ELECTION AS THE NOMINEE OF A POLITICAL PARTY FOR A COUNTYWIDE OFFICE IS NOON ON APRIL THIRTIETH.

The following Bills having been read the second time were passed and ordered to a third reading:

S. 1109 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-60 SO AS TO PROHIBIT FREE TUITION FOR A MEMBER OF THE BOARD OF TRUSTEES OF A STATE SUPPORTED POST-SECONDARY EDUCATION INSTITUTION OR MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE EXCEPTIONS.

H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.

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

Senator POPE proposed the following amendment (JUD3625.001), which was adopted:

Amend the bill, as and if amended, page 1, line 44, in Section 58-3-23, as contained in SECTION 1, by inserting after the word /three/ the word /names/ .

Amend title to conform.

Senator POPE explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:

S. 1203 -- Senator Setzler: A BILL TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.

S. 1223 -- Senators Giese and Hinson: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.

On motion of Senator DRUMMOND, with unanimous consent, S. 1223 was ordered to receive a third reading on Friday, February 21, 1992.

H. 4380 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, with unanimous consent, H. 4380 was ordered to receive a third reading on Friday, February 21, 1992.

S. 1311 -- Senators Giese, Rose, Drummond, Mullinax, Hinson, Nell W. Smith, Fielding, McConnell, Peeler, Courtney, McGill, Passailaigue, Lourie, Land, Leatherman, Saleeby, Reese, Moore, Shealy, Gilbert, Wilson, Robert W. Hayes, Jr., Courson, Martschink, Patterson, Russell, Bryan, Helmly and Hinds: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".

Senator GIESE explained the Bill.

On motion of Senator BRYAN, with unanimous consent, S. 1311 was ordered to receive a third reading on Friday, February 21, 1992.

S. 1251 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 17 AND NEW VOLUME 17A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1992.

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

The amendment proposed by the Committee on Judiciary (JUD1251.001) was adopted as follows:

Amend the resolution, as and if amended, page 1, line 29, in subsection (B) of SECTION 1, by striking /supplements/ and inserting therein /supplement/ .

Amend title to conform.

Senator POPE explained the amendment.

There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.

On motion of Senator WILLIAMS, with unanimous consent, S. 1251 was ordered to receive a third reading on Friday, February 21, 1992.

H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.

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

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

The amendment proposed by the Committee on Education (S-EDU\3559.01) was adopted as follows:

Amend the bill, as and if amended, on page 2, line 26 by striking \given\ and inserting \identified and offered\.

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator GIESE, with unanimous consent, H. 3559 was ordered to receive a third reading on Friday, February 21, 1992.

S. 713 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1985, RELATING TO ANNEXATION OF A PORTION OF CHARLESTON COUNTY BY DORCHESTER COUNTY, SO AS TO PROVIDE FOR THE MEMBERSHIP OF THE DORCHESTER COUNTY DELEGATION.

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

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

The amendment proposed by the Committee on Judiciary (JUD713.1) was adopted as follows:

Amend the bill, as and if amended, page 1, line 27, in Section 1(A), as contained in SECTION 1, by inserting /The provisions of this section shall terminate on the date of the next general election when members of the State House of Representatives or State Senate are elected./ after /and 98./ .

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator ROSE, with unanimous consent, S. 713 was ordered to receive a third reading on Friday, February 21, 1992.

S. 869 -- Senators Williams, Matthews, Patterson, Bryan, McGill, Lourie, Fielding, Washington, Passailaigue, Moore, Land, Saleeby, Wilson, Pope, Helmly, Hinds, Peeler, Gilbert, McConnell, Holland, J. Verne Smith, Hinson, Leatherman, Rose, Mullinax, Reese, Shealy, Hayes, Courson, Martin, Long and Mitchell: A BILL TO CHANGE SOUTH CAROLINA STATE COLLEGE TO SOUTH CAROLINA STATE UNIVERSITY, EFFECTIVE JULY 1, 1991.

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

On motion of Senator WILLIAMS, the Bill was recommitted to the Committee on Education.

H. 3704 -- Reps. Felder, Foster, K. Bailey, Bennett and McCain: A BILL TO CHANGE SOUTH CAROLINA STATE COLLEGE TO SOUTH CAROLINA STATE UNIVERSITY, EFFECTIVE JULY 1, 1991.

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

On motion of Senator WILLIAMS, the Bill was recommitted to the Committee on Education.

H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.

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

S. 1101 -- Senators McConnell and Hinson: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

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

S. 394 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 6 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE REQUIREMENT THAT SENATORS ADDRESS THE PRESIDENT AND THE APPROPRIATE PLACE FOR A SENATOR TO STAND WHILE ADDRESSING THE SENATE, SO AS TO PROVIDE THAT NO SENATOR MAY INTERRUPT ANOTHER SENATOR IN DEBATE WITHOUT THE SENATOR'S CONSENT, TO PROHIBIT IMPUTING UNWORTHY CONDUCT OR MOTIVES TO ANOTHER SENATOR, AND TO PROHIBIT ANY REMARKS OFFENSIVE TO ANY COUNTY OR MUNICIPALITY.

On motion of Senator STILWELL, the Resolution was carried over.

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

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (NO5\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK and previously printed in the Journal of May 22, 1991.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.

Senator MOORE asked unanimous consent to make a motion to place the Joint Resolution in the status of Adjourned Debate, and, at the conclusion of consideration of S. 494, with unanimous consent, H. 4321 would be taken up for immediate consideration.

There was no objection.

S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.

Senator POPE moved to vary the order of business to take up the Bill for immediate consideration.

Senator LAND objected.

Senator POPE raised a Point of Order that the objection was out of order inasmuch as the Senate was in the Motion Period and the motion did not require unanimous consent.

Senator LEATHERMAN made a Parliamentary Inquiry as to whether the motion to vary the order of the day required a three-fourths vote of the members.

The PRESIDENT stated that pursuant to Rule 33, a three-fourths vote of those members present was required.

Senator LEATHERMAN raised a Point of Order that the motion was out of order inasmuch as the order of business could be varied from category to category, but to vary the order to go to a specific bill within a category requires unanimous consent.

The PRESIDENT sustained the Point of Order.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

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

Senators SETZLER, LOURIE, LEATHERMAN, J. VERNE SMITH and MARTSCHINK proposed the following Amendment No. 24A (RES494.110), which was tabled:

Amend the bill, as and if amended, by striking SECTION 18 in its entirety and inserting a new SECTION 18 to read as follows:

/SECTION 18. Title 57 of the 1976 Code is amended by adding:

Section 57-2-10. There is established the Department of Transportation Commission which is composed of three members to be appointed by the Governor with the advice and consent of the Senate. The commissioners shall serve for a term of six years except that of the initial members appointed, the Governor shall designate one member to serve for two years, one member to serve for four years, and one member to serve for six years. The terms of office for members first appointed shall begin July 1, 1995. Any members so appointed shall remain in office until their successors shall have been appointed and qualify.

Section 57-2-30. The Senate may not confirm a gubernatorial appointee to the office of commissioner, until the Senate Transportation Committee holds a hearing in accordance with procedures established in the Senate rules or in accordance with the procedures set forth for the operation of the Joint Screening Committee as described in Chapter 19 of Title 2 of the 1976 Code, as amended.

Section 57-2-50. The persons nominated by the Governor for the office of commissioner must:

(a) possess a strong knowledge in the field of transportation;

(b) possess administrative ability; and

(c) may not have served as a member of the General Assembly or as a member of the South Carolina Department of Highways and Public Transportation Commission within two years of the time that the term of office for the appointment would begin.

Section 57-2-70. Should a vacancy on the commission occur when the General Assembly is not in session, it shall be filled in the same manner of the original appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly as required in Section 57-2-30. If the Senate does not consent to such appointment, the office shall be vacant. Any or all members of the commission may, with the advice and consent of the Senate, be removed by the Governor for cause shown. And if cause for such removal shall arise when the Senate is not in session, the Governor may suspend one or more of the commissioners and shall fill the vacancies thus created until the General Assembly shall next convene. Upon convening the Senate must act on the suspension within thirty days or the office must be declared vacant and a new nominee must be presented.

Section 57-2-90. Each commissioner within thirty days after his appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State and give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties.

Section 57-2-100. Commissioners shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.

Section 57-2-110. Each commissioner must devote his entire time to the duties of his office and shall not:

(a) engage in any occupation or business interfering with or

inconsistent with his duty;

(b) serve on or under any committee of a political party; or

(c) employ, appoint, promote, transfer, or advance any person related to or connected to the commissioner by consanguinity or affinity to the sixth degree to a position which is under the control or management of the commissioner.

Section 57-2-150. Beginning July 1, 1995, and every two years thereafter, the Governor must designate one commissioner as chairman of the commission. The chairman of the commission shall then designate one commissioner as commissioner for external operations and one as commissioner for internal operations.

Section 57-2-170. The commission shall carry out all of the day-to-day operations and all management functions of the Department of Transportation. The commission is vested with the exclusive authority to establish design criteria, construction specifications, and standards required to construct and maintain highways and bridges.

Section 57-2-190. The commission must provide for the necessary planning, construction, maintenance, and operation of an integrated statewide highway transportation system for the economical and safe transportation of people and goods. The commission must carry out its duties consistent with the desires of the State as a whole and it must not sacrifice the general statewide interest to purely local desires of any particular area.

Section 57-2-210. The commission may adopt an official seal for use on official documents of the department."/

Amend the bill further, as and if amended, by striking SECTION 19 in its entirety and inserting a new SECTION 19 to read as follows:

/SECTION 19. Article 3, Chapter 3 of Title 57 of the 1976 Code is repealed effective July 1, 1995./

Amend the bill further, as and if amended, by striking SECTION 20 in its entirety and inserting a new SECTION 20 to read as follows:

/SECTION 20. Any present member of the South Carolina Department of Highways and Public Transportation Commission whose term does not expire before June 30, 1995, or members of the Commission elected prior to the effective date of this act shall continue to serve until the expiration of their term of office or June 30, 1995, whichever date is earlier./

Renumber sections to conform.

Amend title to conform.

Senators SETZLER and MOORE argued in favor of the adoption of the amendment and Senator PATTERSON argued contra.

Senator PASSAILAIGUE argued contra to the adoption of the amendment.

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

Senator MITCHELL argued contra to the adoption of the amendment.

Senator MITCHELL moved to lay the amendment on the table.

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

Bryan Carmichael Fielding
Gilbert Hayes, R.W. Hinds
Hinson Land Leventis
Macaulay Martin Matthews
McConnell Mitchell Mullinax
Passailaigue Patterson Pope
Reese Saleeby Washington
Williams

Courson Courtney Drummond
Giese Leatherman Lourie
Martschink McGill Moore
O'Dell Peeler Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson

The amendment was laid on the table.

By previous action of the Senate, the time certain had arrived to vote on the entire matter of S. 494.

Senator LAND proposed the following Amendment No. 25A (RES494.111), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 11, 12, 13, 15 and 16 in their entirety.

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

/SECTION . Section 12-27-1210 of the 1976 Code is amended to read:

"Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240 every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to two three cents a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation deposited into the State Highway Fund. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."/

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

/SECTION . Section 12-27-1220 of the 1976 Code is amended to read:

"Section 12-27-1220. In addition to the tax imposed by Sections 12-27-510 and 12-27-520, every person, firm, corporation, municipality, or county subject to tax imposed by those sections, or any subdivision of a municipality or county, shall pay an additional tax of two three cents a gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety deposited into the State Highway Fund. All the provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."/

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

/SECTION . Section 12-27-1230 of the 1976 Code is amended to read:

"Section 12-27-1230. In addition to the tax levied by Section 12-29-310, a tax of two three cents a gallon is imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of Chapter 29 of this title. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the tax levied by this section must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department deposited into the State Highway Fund. All the provisions of Chapter 29 of this title apply with equal force and effect to the additional tax levied by this section."/

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

/SECTION . Section 12-27-1240 of the 1976 Code is amended to read:

"Section 12-27-1240. In addition to the road tax levied by Section 12-31-410, an additional road tax equivalent to two three cents a gallon is imposed upon the amount of gasoline or other motor fuel used by every motor carrier in its operations within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of this tax must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department deposited into the State Highway Fund. All the provisions of Chapter 31 of this title apply with equal force and effect to the additional tax on gasoline levied by this section."/

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

/SECTION . Section 12-27-1250 of the 1976 Code is amended to read:

"Section 12-27-1250. In addition to the credit provided for in Section 12-31-450, every motor carrier subject to the tax imposed by Section 12-27-1240 is entitled to a credit on the tax equivalent to two three cents a gallon on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by such carrier. Effective January 1, 1989, the additional credit authorized by this section is increased by one cent to a total of three cents a gallon. This refund may be made only if the carrier has fully complied with all regulations of the commission and the provisions of Chapter 31 of this title."/

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

/SECTION . Section 12-27-1290 of the 1976 Code is amended to read:

"Section 12-27-1290. The department must review projects on the priority list, as provided in Section 12-27-1280, for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be returned to the Strategic Highway Plan for Improving Mobility and Safety Fund State Highway Fund until the fund is reimbursed. Upon reimbursement, all toll charges shall cease."/

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

/SECTION . Sections 12-27-1260, 12-27-1280, and 12-27-1300 are repealed./

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

/SECTION . Whenever the term Strategic Highway Plan for Improving Mobility and Safety Program or Strategic Highway Plan for Improving Mobility and Safety appears in the Code of Laws of South Carolina, it shall mean State Highway Fund. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective./

Amend the bill further, and as if amended, SECTION 14, page 21, line 3, by adding after the word /projects./ the following sentence:

/The commission, whenever possible, shall continue all such projects which have been previously approved pursuant to the Strategic Highway Plan for Improving Safety and Mobility./

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

Senator LOURIE asked unanimous consent to make a motion that explanations and debate on each remaining amendment be at the discretion of the Presiding Officer.

There was no objection.

Senator LAND continued explaining Amendment No. 25A.

Senator LAND moved that the amendment be adopted.

Senator PASSAILAIGUE argued contra to the adoption of the amendment.

Senator DRUMMOND spoke on the amendment.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Courtney Drummond Fielding
McConnell Mitchell Mullinax
Passailaigue Reese Rose
Washington

Bryan Carmichael Courson
Giese Gilbert Hayes, R.W.
Hinds Hinson Holland
Land Leatherman Leventis
Macaulay Martin Martschink
Matthews McGill Moore
O'Dell Patterson Peeler
Pope Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Williams Wilson

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator FIELDING argued contra to the adoption of Amendment No. 25A.

The amendment was adopted.

Senators PASSAILAIGUE, McCONNELL, ROSE, WILSON and MARTSCHINK desired to be recorded as voting against the adoption of the amendment.

Senator LAND proposed the following Amendment No. 26A (RES494.112), which was tabled:

Amend the bill, as and if amended, by striking SECTION 18 in its entirety and inserting a new SECTION 18 to read as follows:

/SECTION 18. Title 57 of the 1976 Code is amended by adding:

Section 57-2-10. There are constituted and created eleven highway districts of the State, to be composed of the following counties:

(1) District One is comprised of Calhoun and Richland counties;

(2) District Two is comprised of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Edgefield, Hampton, and Jasper counties;

(3) District Three is comprised of Greenwood, Laurens, Lexington, Newberry, and Saluda counties;

(4) District Four is comprised of Abbeville, Anderson, McCormick, Oconee and Pickens counties;

(5) District Five is comprised of Greenville county;

(6) District Six is comprised of Cherokee, Spartanburg, and Union counties;

(7) District Seven is comprised of Chester, Chesterfield, Fairfield, Kershaw, Lancaster, and York counties;

(8) District Eight is comprised of Clarendon, Darlington, Florence, Lee, and Sumter counties;

(9) District Nine is comprised of Dillon, Georgetown, Horry, Marion, Marlboro, and Williamsburg counties;

(10) District Ten is comprised of Charleston and Colleton counties;

(11) District Eleven is comprised of Berkeley, Dorchester, and Orangeburg counties.

For each of highway districts there shall be chosen in the manner and for the terms of office herein provided a highway commissioner to be known as a district highway commissioner. Two commissioners, upon the advice and consent of the Senate, shall be appointed by the Governor from the State at large, whose terms shall be coterminous with that of the Governor appointing. The several commissioners so chosen shall constitute as a body the State Highway and Public Transportation Commission.

Section 57-2-30. (A) A member of the Commission elected from a highway district must serve for a term of four years and until his successor is duly elected and certified. A members term of office shall expire on June thirtieth of the appropriate year. Each member of the commission from a highway district must be elected by a majority vote of the members of the legislative delegation. The legislative delegation must be constituted of members of the House of Representatives and members of the Senate whose districts are embraced or partially embraced within a highway district.

(B) No sooner than April first and not later than April thirtieth of the year in which a district member's term expires the legislation delegation representing the highway district must meet at the capitol for the purpose of electing a district commissioner. The legislative delegation must first be organized by the election of a chairman and a secretary. The chairman and the secretary must be elected by a majority vote of those members present, either in person or by proxy.

A legislative delegation may adopt such rules as may be necessary and proper to govern the election of the district commissioner, except that no rule may be adopted that is inconsistent with the provisions or intent of this article. For the purposes of electing a district highway commissioner, a majority of the legislative delegation present, either in person or by written proxy, constitutes a quorum of the members of the legislative delegation from a highway district.

(C) No person shall be declared elected district highway commissioner who fails to receive a majority vote of all the members of the legislative delegation from the highway district. Any member of a legislative delegation not present at a meeting may vote, upon any matter, by written proxy. When the election is completed, the chairman and secretary of the legislative delegations must immediately transmit the name of the person elected to the Secretary of State, who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor must then issue a commission to the person, and pending the issuance, the aforementioned certificate of election must be sufficient to warrant to such person to perform all of the duties and functions of his office as commissioner.

Section 57-2-50. Any vacancy in the office of district highway commissioner occurring by death, resignation or removal shall be filled within sixty days of the vacancy by election in the manner provided in Section 57-3-220 for the unexpired term only.

Section 57-2-70. If there is more than one county in a highway district, the representation of a given highway district on the commission shall be rotated among the counties of the district, except by unanimous consent of all members of the county legislative delegations from the district. A district highway commissioner elected under the provisions of this article shall not succeed himself in office except by unanimous consent of the members of the county legislative delegations from the district. The legislative delegation of any county entitled to a district highway commissioner under the provisions of this section shall nominate at least three suitable persons for the office, one of whom shall be elected district highway commissioner by a majority vote of all of the members of the county legislative delegations representing the district.

Section 57-2-90. Each district highway commissioner shall receive such compensation as may be provided by the General Assembly per annum, and official expenses as provided by law for members of State boards and commissions.

Section 57-2-110. The Governor shall select the chairman of the Commission. The Commission may select such other officers to serve for such terms as the Commission may designate. The Commission shall adopt its own rules and procedures. The Director of Finance and Administration of the South Carolina Department of Highways and Public Transportation shall act as secretary of the Commission.

Section 57-2-130. The Commission may adopt an official seal for use on official documents of the Department."/

Amend the bill further, as and if amended, by striking SECTION 19 in its entirety and inserting a new SECTION 19 to read as follows:

/SECTION 19. Article 3, Chapter 3 of Title 57 of the 1976 Code is repealed./

Amend the bill further, as and if amended, by striking SECTION 20 in its entirety and inserting a new SECTION 20 to read as follows:

/SECTION 20. (A) The present members of the Commission or any member elected prior to the effective date of this act shall continue to serve until the expiration of their original term of office.

(B) Of the original district highway commissioners elected pursuant to this act, no county legislative delegation shall be eligible to offer a candidate for the office of district highway commissioner which has or is eligible to have a district highway commissioner on the effective date of this act.

(C) If a county is the only county in the highway district and the highway commissioner serving on the effective date of this act is a resident of a new single county highway district, the county legislative delegation shall not elect another district highway commissioner until the term of office of the district highway commissioner serving on the effective date of this act expires./

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

Senator HOLLAND argued contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Bryan Carmichael Courson
Courtney Drummond Giese
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Leatherman Leventis Lourie
Macaulay Martschink McConnell
Moore Mullinax O'Dell
Passailaigue Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, N.W.
Thomas Wilson

Fielding Land Matthews
McGill Mitchell Saleeby
Smith, J.V. Stilwell Washington
Williams

The amendment was laid on the table.

The question then was the third reading of the Bill.

Having voted on the prevailing side, Senator PASSAILAIGUE moved to reconsider the vote whereby Amendment No. 24A, proposed by Senators SETZLER, LOURIE, LEATHERMAN, J. VERNE SMITH and MARTSCHINK, was laid on the table.

Senator BRYAN raised a Point of Order that the motion was out of order inasmuch as cloture had been invoked.

Senator McCONNELL spoke on the Point of Order.

Senator STILWELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The question then was the motion to reconsider the vote whereby Amendment No. 24A, proposed by Senators SETZLER, LOURIE, LEATHERMAN, J. VERNE SMITH and MARTSCHINK, was laid on the table.

Senator MACAULAY raised a Point of Order that the motion to reconsider was out of order inasmuch cloture had been invoked for 12:00 Noon and any motion other than a vote on the entire matter of S. 494 was out of order.

The PRESIDENT overruled the Point of Order.

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

Courson Courtney Drummond
Giese Leatherman Lourie
Martschink McConnell McGill
Moore Passailaigue Peeler
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

Bryan Carmichael Fielding
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Land Leventis Macaulay
Matthews Mitchell Mullinax
O'Dell Patterson Pope
Reese Saleeby Washington
Williams

The Senate refused to reconsider the vote whereby Amendment No. 24A was laid on the table.

Having voted on the prevailing side, Senator SETZLER moved to reconsider the vote whereby Amendment No. 26A, proposed by Senator LAND, was laid on the table.

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

Courson Courtney Drummond
Giese Gilbert Leatherman
Martschink McConnell Passailaigue
Peeler Rose Russell
Setzler Shealy Smith, N.W.
Thomas Wilson

Bryan Carmichael Fielding
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leventis Macaulay Matthews
McGill Mitchell Moore
Mullinax O'Dell Patterson
Pope Reese Saleeby
Smith, J.V. Stilwell Washington
Williams

The Senate refused to reconsider the vote whereby Amendment No. 26A was laid on the table.

On motion of Senator LOURIE, with unanimous consent, Amendment No. 30 was taken up for immediate consideration.

Senator LOURIE proposed the following Amendment No. 30 (RES494.113), which was adopted:

Amend the bill, as and if amended, page 3, line 14, by striking Item (D) in its entirety and inserting a new Item (D) to read as follows:

(D) For all capital improvement and permanent improvement projects beginning on or after July 1, 1994, the department shall enter detailed project numbers on all transactions submitted to the Comptroller General.

Amend the Bill, as and if amended, page 21, beginning on line 3, by striking the following:

/The commission must issue this written report to the Joint Bond Review Committee and the Budget and Control Board./

Amend the bill further, as and if amended, page 21, by striking lines 7 through 13 and inserting in lieu thereof the following:

/commission for the continuation of construction projects shall be transferred to the state highway fund and all funds approved by the commission for the continuation of construction projects shall be transferred to the state highway fund to be used for the completion of such projects./

Amend title to conform.

Senator LOURIE explained the amendment.

The amendment was adopted.

The question then was the third reading of the Bill.

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

Bryan Carmichael Courson
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Matthews McConnell
McGill Mitchell Mullinax
O'Dell Passailaigue Patterson
Pope Reese Rose
Russell Saleeby Smith, N.W.
Stilwell Washington Williams
Wilson

Courtney Drummond Martschink
Moore Peeler Setzler
Shealy Smith, J.V. Thomas

The Bill was read the third time, passed, and ordered sent to the House of Representatives.

Senator LAND moved that the Senate stand adjourned.

Senator McCONNELL raised a Point of Order that the motion to adjourn was out of order inasmuch as the member making the motion was not in compliance with the provisions of Rule 6.

The PRESIDENT sustained the Point of Order.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby S. 494 was given a third reading.

Senator WILLIAMS, with unanimous consent, was granted leave to address the body with brief remarks.

A roll call vote was ordered.

Senator BRYAN made a Parliamentary Inquiry as to whether or not the motion to reconsider was a debatable motion.

Senator SETZLER raised a Point of Order that a roll call vote had been ordered.

The PRESIDENT sustained the Point of Order.

Senator LOURIE, with unanimous consent, was granted leave to make brief remarks to the body.

The question then was the motion to reconsider the vote whereby S. 494 was given a third reading.

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

Courson Courtney Drummond
Giese Holland Leatherman
Martschink McConnell Passailaigue
Peeler Rose Russell
Setzler Shealy Smith, J.V.
Thomas Wilson

Bryan Carmichael Fielding
Gilbert Hayes, R.W. Helmly
Hinds Hinson Land
Leventis Lourie Macaulay
Matthews McGill Mitchell
Moore Mullinax O'Dell
Patterson Pope Reese
Saleeby Smith, N.W. Stilwell
Washington Williams

The Senate refused to reconsider the vote whereby S. 494 was given a third reading.

The Bill was read the third time, passed, and ordered sent to the House of Representatives.

I voted "no" because this change in the commission is not meaningful or significant as far as restructuring the Highway Department goes.

While S. 494 does address some of my concerns regarding the governance and administration of the South Carolina Department of Highways and Public Transportation, I feel the Bill does not adequately restructure the highway commission and, therefore, does not make the commission sufficiently accountable to the people of South Carolina. Consequently, I voted against third reading of the Bill.

H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.

By prior motion, the Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

Senator MOORE explained the amendment proposed by the General Committee.

Senators MOORE, STILWELL and THOMAS proposed the following Amendment No. 1 (RES4321.5), which was adopted:

Amend the committee report, as and if amended, Page 4321-3, Line 24, by adding after the word /resolution/ and before the /./ the following:

/; provided, however, that nothing in this joint resolution shall be construed to limit or abrogate the right of the General Assembly to screen and elect board members at any time as provided in Chapter 19 of Title 2 and Section 43-1-20 and provided further that the Governor may not appoint board members pursuant to Section 43-1-20 until or unless a vacancy occurs after the election for new board members./

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator HOLLAND proposed the following Amendment No. 2 (RES4321.6), which was adopted, as amended:

Amend the committee report, as and if amended, page 4321-1, beginning on line 42, by striking the report in its entirety and inserting the following in lieu thereof:

/Whereas, the Department of Social Services is the state's public welfare agency with a total budget of five hundred thirty-two million, one hundred six thousand, six hundred fifty-eight dollars; and

Whereas, the Department of Social Services provides critical services to the state's most needy and vulnerable citizens and has a projected budget deficit in excess of fifteen million dollars; and

Whereas, the General Assembly is gravely concerned with the inability of the current South Carolina Board of Social Services to fulfill its basic statutory duties and its inability to work effectively with the agency's own employees, to cooperate with other agencies and branches of state government, and, importantly, to cooperate with and assist the General Assembly and the Executive Branch in efforts to help resolve the many financial and organizational problems of the State Department of Social Services; and

Whereas, the General Assembly recognizes that the continuing divisions within the board and the failure of the commissioner and the board to work effectively in providing leadership, motivation, and purpose to the staff which is vital to ensuring proper oversight and accounting for the limited public resources allocated to this state agency; and

Whereas, the General Assembly recognizes that the inadequate management of this agency raises serious and legitimate doubt among the citizens of this State as to the ability of the incumbent leaders to fulfill the missions of this agency; and

Whereas, the lack of confidence in the leadership compels the General Assembly to act to avert a deepening crisis among the increasing number of our citizens who depend upon the services provided by this agency and the taxpayers who demand and should rightly expect the public resources to be properly managed and accounted for; and

Whereas, the General Assembly acknowledges that it is charged by statute with the responsibility to elect the members of the South Carolina Board of Social Services, and the General Assembly also recognizes that it is charged by Article XII, Section 1 of the Constitution of South Carolina to provide for appropriate agencies; and

Whereas, there is much discussion as to the need to reorient the governing authority of boards and commissions and provide for more direct and clear executive authority vested in the Governor and appointees designated by him; and

Whereas, the vital role of this agency provides an excellent opportunity to evaluate such a change in governance; and

Whereas, Commissioner James L. Solomon, Jr. has announced his retirement from the State Department of Social Services effective June 30, 1992. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The terms of office of the present members of the South Carolina Board of Social Services are terminated on the day the Governor appoints a Secretary of Social Services pursuant to this joint resolution. Upon the date of appointment, the Secretary of Social Services shall exercise all of the powers and duties formerly held by the South Carolina Board of Social Services. Upon appointment of the secretary, the board shall cease to exist as an entity and all statutory or regulatory references to the board or the commissioner shall be interpreted to mean or apply to the secretary. The Office of Commissioner shall no longer exist upon appointment of the secretary.

The current commissioner of the State Department of Social Services, James L. Solomon, Jr. shall no longer exercise the responsibilities of commissioner and these responsibilities shall be assumed by the secretary upon appointment. Mr. James L. Solomon, Jr. shall remain an employee of the department at his current salary and receive full benefits and shall begin serving in a consulting capacity to the secretary and report directly to him until the effective date of his resignation. The new secretary shall report directly to the Governor. The secretary shall be appointed for a term of six years and shall initially receive the same salary and benefits as the former commissioner. Thereafter, the secretary shall receive such salary and benefits as may be appropriated by the General Assembly.

The Governor, with the advice and consent of the Senate, shall appoint an advisory board to assist the secretary in the formulation of policy with regard to providing advice as to improving the operation of the department and improving the response to client needs. The advisory board shall consist of seven members with one appointed from each congressional district and one appointed from the state at large. The board shall select a chairman from its membership. The members of the advisory board shall serve for a term of four years and until their successors are appointed and qualify. The advisory board shall meet at least quarterly and at such other times as it may decide by majority vote. The members shall receive per diem, mileage, and subsistence provided by law for members of state boards, committees, and commissions.

The advisory board shall report to the secretary and to the General Assembly prior to February 1, 1993, concerning the need and justification for any restructuring or reorganization of the department and at such other times as it deems appropriate.

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

Amend title to conform.

Senator HOLLAND explained the amendment.

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

I feel a distinct need to speak on the matter of this resolution in order that there be some clarification as to some of the board members, and particularly as to the commissioner. I feel that too much of the blame for the sad situation at the Department of Social Services has unduly been placed in the lap of the commissioner. Commissioner Solomon went to the agency over eight years ago and has done a creditable and commendable job in uplifting the agency during that period. He has been responsible for instituting the Human Services Program, has developed a Work Support Program that has been used as a model by many other states, implemented the state-wide adoptions program and reduced the error rates to within tolerance. Additionally, Commissioner Solomon, with the help of some board members, has implemented a quality improvement process similar to that being currently used in business and industry, and he implemented a child facilities review process as a means of attempting to reduce child deaths attributable to abuse and neglect. He has served as Chairman of the Human Services Coordinating Council for three years and currently is President of the American Public Welfare Association. This resolution for dissolving the current DSS Board and transferring the authority temporarily to the Budget and Control Board is in the best interest of the Department of Social Services' clients, the agency and the State for the following reasons:

1. The current board has promoted division between county and state operations. The agency cannot function with 47 different spheres of control. There must exist a central administrative function.

2. The current board has involved itself in the day-to-day operation of the agency, even to the extent of approving individual out-of-state travel request. The function of the board is to establish policy and monitor the effective implementation of that policy not to micro-manage the agency.

3. The current board is unduly influenced by a small group of county directors who in effect are using certain individual board members to amass power for themselves. A board that is controlled, cannot be objective, and a board that cannot be objective cannot function in the interest of clients.
4. Certain board members' activities have been questioned and are now under or have been under SLED investigation. Their actions have eroded confidence in the board's ability to lead the agency during this critical period. The enactment of this resolution will provide the opportunity to ensure that in the future, only certified persons will be permitted to serve on the DSS Board.

5. During this period of economic crisis the State must ensure that the policy leadership at the Department of Social Services is capable of making sound fiscal decisions that maximize the use of tax dollars in providing our citizens needed services. The current DSS Board has not shown either the capability or the will to do this. The adoption of this Resolution will encourage DSS staff to become more productive in providing client services; establish an environment for county administrative functions under the Budget and Control Board, and restore confidence in the state government's ability to address serious problems as they arise.

I feel that we should establish a blue ribbon committee to conduct the search for a new commissioner. In the interim, and as soon as possible the General Assembly should reconstitute the board and establish it as a policy-making board and establish the county boards as advisory boards under the direct supervision of the commissioner.

(On motion of Senator MATTHEWS, ordered printed in the Journal)

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

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

On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 2A was taken up for immediate consideration.

Senator LEVENTIS proposed the following Amendment No. 2A (RES4321.8), which was adopted:

Amend the amendment bearing document number RES4321.6, page 2, SECTION 1, by striking the fourth sentence in paragraph 2, and inserting in lieu thereof the following:

/The secretary shall serve at the pleasure of the Governor and shall initially receive the same salary and benefits as the former commissioner./

Amend title to conform.

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

The amendment was adopted.

The question then was the adoption of Amendment No. 2, as amended.

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

Senator WASHINGTON moved that the amendment be adopted.

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

Bryan Courson Courtney
Drummond Fielding Giese
Gilbert Hayes, R.W. Helmly
Hinson Holland Land
Leventis Lourie Macaulay
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson

Carmichael

Amendment No. 2 was adopted, as amended.

The amendment proposed by the General Committee (RES4321.1) was adopted as follows:

Amend the Joint Resolution, as and if amended, by striking all after the title and inserting therein the following:

/Whereas, the Department of Social Services is the state's public welfare agency with a total budget of five hundred thirty-two million, one hundred six thousand, six hundred fifty-eight dollars; and

Whereas, the Department of Social Services provides critical services to the state's most needy and vulnerable citizens and has a projected budget deficit in excess of fifteen million dollars; and

Whereas, the General Assembly is gravely concerned with the inability of the current South Carolina Board of Social Services to fulfill its basic statutory duties and its inability to work effectively with the agency's own employees, to cooperate with other agencies and branches of state government, and, importantly, to cooperate with and assist the General Assembly and the Executive Branch in efforts to help resolve the many financial and organizational problems of the State Department of Social Services; and

Whereas, the General Assembly recognizes that the continuing divisions within the board and the failure of the commissioner and the board to work effectively in providing leadership, motivation, and purpose to the staff which is vital to ensuring proper oversight and accounting for the limited public resources allocated to this state agency; and

Whereas, the General Assembly recognizes that the inadequate management of this agency raises serious and legitimate doubt among the citizens of this State as to the ability of the incumbent leaders to fulfill the missions of this agency; and

Whereas, the lack of confidence in the leadership compels the General Assembly to act to avert a deepening crisis among the increasing number of our citizens who depend upon the services provided by this agency and the taxpayers who demand and should rightly expect the public resources to be properly managed and accounted for; and

Whereas, the General Assembly also recognizes that it is charged by statute with the responsibility to elect the members of the South Carolina Board of Social Services and must ensure that the board is comprised of members who will properly carry out their duties as charged; and

Whereas, the General Assembly finds that, in order to ensure the restoration of trust and confidence in the South Carolina Board of Social Services and to ensure that the agency has strong leadership through this year of budget deficits and financial hardships, it is necessary to immediately terminate the term of office of the incumbent board members and relieve them from any and all responsibilities; and

Whereas, Commissioner James L. Solomon, Jr. has announced his retirement from the State Department of Social Services effective June 30, 1992. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The terms of office of the present members of the South Carolina Board of Social Services are terminated on the effective date of this joint resolution. The General Assembly may elect new members, prior to May 15, 1992, to serve on the South Carolina Board of Social Services for terms of office as provided in this resolution. Upon election of board members pursuant to this joint resolution, the State Board of Social Services shall reassume full statutory and regulatory authority with regard to the department.

Those members from the first, third, and fifth congressional districts elected to the board shall serve four-year terms and until their successors are elected and qualify and those from the second, fourth, and sixth districts shall serve two-year terms and until their successors are elected and qualify. Thereafter, terms for members of the South Carolina Board of Social Services are for four years and until their successors are elected and qualify.

All powers and duties of the South Carolina Board of Social Services are temporarily transferred to the State Budget and Control Board until the General Assembly elects new members to the South Carolina Board of Social Services.

The Budget and Control Board shall appoint an interim commissioner to assume the responsibilities of the current commissioner of the State Department of Social Services, James L. Solomon, Jr. Upon the effective date of this joint resolution, Mr. Solomon shall remain an employee of the department at his current salary and receive full benefits and shall serve in a consulting capacity to the interim commissioner and report directly to him until the effective date of his resignation. The interim commissioner shall report to the Budget and Control Board. The interim commissioner shall serve at the pleasure of the Budget and Control Board. Any restructuring or reorganization of the department must be consistent with existing law and any internal structural or organizational change during this interim period must be approved by the Budget and Control Board.

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

Amend title to conform.

The question then was the third reading of the Bill.

Senator WASHINGTON proposed the following Amendment No. 4 (BR1\2119.AC), which was adopted:

Amend the joint resolution, as and if amended, by inserting before the next to the last Whereas clause:

/Whereas, the continued independence of forty-six separate county operations of the State Department of Social Services does not allow for uniformity in and coordination of services or accountability; and

Whereas, in order to provide uniformity in and coordination of services and to assure accountability of the county operations of the departments of social services, it is necessary to temporarily place all county directors of the local departments of social services in a chain of authority directly under the commissioner of the State Department of Social Services; and/.

Amend further, as and if amended, by adding at the end of Section 1:

/The directors of the county departments of social services are temporarily placed under a chain of authority directly under and answerable to the Secretary of Social Services until such time as the General Assembly takes other action on this matter./

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY argued contra to the adoption of the amendment.

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

Senator GEISE argued contra to the adoption of the amendment.

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

Senator WASHINGTON moved that the amendment be adopted.

Senator MACAULAY moved to lay the amendment on the table.

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

Giese Holland Macaulay
Mullinax Pope Williams

Bryan Carmichael Courson
Courtney Drummond Fielding
Gilbert Hayes, R.W. Helmly
Hinson Leventis Lourie
Martschink Matthews McConnell
McGill Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Reese Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Wilson

Saleeby

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Senator LAND desired to be recorded as voting in favor of the adoption of the amendment.

The question then was the third reading of the Bill.

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

Senator LAND desired to be recorded as voting in favor of the third reading of the Bill.

Senator WILLIAMS desired to be recorded as voting against the third reading of the Bill.

Senator WILLIAMS moved that when the Senate adjourns on Friday, February 21, 1992, it stand adjourned to meet next Tuesday, February 25, 1992, at 12:00 Noon, which motion was adopted.

At 2:29 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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