Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of Daniel, Chapter 3(v.28):

"Nebuchadnezzar said, `Blessed be the God of Shadrach,

Meshach, and Abednego, who has sent his angel and de-

livered his servants, who trusted in Him, and set at nought

the king's command, and yielded up their bodies rather

than serve and worship any god except their own God.'"
Let us pray.

Dear Lord, the people of our planet haven't changed very much since Daniel's day! Our plight is so often that of Shadrach, Meshach, and Abednego... whether we are thrown into a "fiery furnace"... "a den of lions"... or exposed to the boiling emotions of a multitude of people with conflicting claims and ambitions.

As we continue with our duties here, give us the realization of the DIVINE PRESENCE, and hear our silent prayer "Here I am, Lord, use me today".

Amen.

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

Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Hinds Hinson 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 Senate resumed.

Senator MULLINAX introduced Dr. James Buehler of Anderson, South Carolina, Doctor of the Day.

At 11:15 A.M., Senator WASHINGTON requested and was granted a leave of absence beginning at 12:00 Noon until tomorrow.

At 11:25 A.M., Senator McGILL requested and was granted a leave of absence beginning at 12:00 Noon until tomorrow.

Senator MARTIN rose to a Point of Personal Privilege.

Senator COURSON rose to a Point of Personal Privilege.

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.

By prior motion, the Senate proceeded to a consideration of the Bill. The question being the motion to commit the Bill to the Committee on Judiciary.

Senator DRUMMOND argued contra to the motion.

Consideration was interrupted by the Joint Assembly, Senator DRUMMOND retaining the floor.

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

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

The Reading Clerk of the House read the Concurrent Resolution:

H. 4717 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MAY 6, 1992.

The Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court, and members of his party, were escorted to the rostrum by Senators HINDS, MARTIN, NELL W. SMITH and McCONNELL and Reps. M. Martin, Harwell, Corning and J. Brown.

The PRESIDENT introduced the Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court.

Chief Justice Harwell addressed the Joint Assembly, as follows:

"I AM GOING TO MAKE THIS SHORT...FIRST OF ALL, AT THE VERY OUTSET, I RECEIVED A TELEPHONE CALL ABOUT 15 MINUTES AGO AFTER HEARING OUR LAST ARGUMENT AND IT WAS A MUTUAL FRIEND OF OURS AND HE SAID, DAVID, I HAVE A TEE TIME AT 1:30 AND SOME OF THE MEMBERS OF THE GENERAL ASSEMBLY ARE SUPPOSED TO PLAY WITH ME, SO, KEEP IT SHORT AND I ASSURED HIM THAT I WOULD HAVE COMPLETED MY REMARKS IN TIME FOR HIM TO MAKE THE TEE TIME. MR. PRESIDENT, MR. SPEAKER, MEMBERS OF THE COURT, LADIES AND GENTLEMEN OF THE GENERAL ASSEMBLY, CONSTITUTIONAL OFFICERS OF THIS STATE, AND FELLOW SOUTH CAROLINIANS, IT IS A PLEASURE TO MAKE MY FIRST ADDRESS TO THE SOUTH CAROLINA GENERAL ASSEMBLY AS YOUR CHIEF JUSTICE. IT HAS BECOME OUR CUSTOM FOR THE CHIEF JUSTICE TO REPORT TO YOU ON THE STATUS OF THE JUDICIAL BRANCH OF GOVERNMENT AND I APPRECIATE THIS OPPORTUNITY. AT THE VERY OUTSET, I WANT YOU TO KNOW THAT I LOOK FORWARD TO WORKING WITH YOU TO RESOLVE THE PROBLEMS FACING OUR JUDICIARY. I WANT OUR THREE BRANCHES OF GOVERNMENT TO WORK TOGETHER TO ENSURE THAT A LINE OF COMMUNICATION WILL ALWAYS EXIST BETWEEN US. ALTHOUGH WE ARE SEPARATE AND COEQUAL BRANCHES OF GOVERNMENT, WE ALL SHARE THE SAME INTEREST IN SEEING THAT THE RIGHTS AND NEEDS OF OUR CITIZENS ARE PROVIDED FOR. BETWEEN THE DESTRUCTION OF HURRICANE HUGO AND THE RECESSION, OUR GOVERNMENTAL OPERATIONS HAVE BEEN FORCED TO DO FAR MORE WITH MUCH LESS. AS THE RECESSION ENDS, I AM CONFIDENT THAT SOUTH CAROLINA AND THE JUDICIAL SYSTEM WILL EMERGE STRONGER AND BETTER PREPARED TO DEAL WITH THE CHALLENGES AHEAD. THE JUDICIAL BRANCH OF GOVERNMENT HAS BEEN AND WILL REMAIN, UNDER MY ADMINISTRATION, A VERY FRUGAL OPERATION. WE OPERATE ON LESS THAN ONE PERCENT OF THE STATE'S BUDGET. SOUTH CAROLINA RANKS 50TH IN THE AMOUNT OF MONEY APPROPRIATED FOR ITS JUDICIAL SYSTEM AND WHILE THAT WILL PROBABLY REMAIN THE CASE, SOME ADDITIONAL ALLOCATIONS ARE A NECESSITY. IN PURSUING EFFORTS TO KEEP COSTS LOW, FRANKLY, THE COURTS PROBABLY HAVE BEEN GUILTY OF BEING PENNY WISE AND A POUND FOOLISH. THERE ARE INVESTMENTS WHICH MUST BE MADE TO HOLD DOWN COSTS IN THE FUTURE AND TO PREPARE THE COURTS FOR THE CHALLENGES OF THE 1990'S. THE TIME HAS COME WHEN WE MUST PREPARE TO DEAL WITH A COURT SYSTEM BURDENED WITH RISING CASELOADS AND ANTIQUATED SYSTEMS. IN AN AGE OF ELECTRONICS WHERE FAX MACHINES AND PROCESSORS SPEED COMMUNICATIONS AND ENHANCE PRODUCTIVITY, OUR COURTS STILL OPERATE WITH YELLOW PADS AND PENCILS. THE NEEDS OF TODAY DEMAND THAT WE ADJUST. AS WE CLOSED THE BOOKS ON OUR COURT SYSTEM AT THE END OF DECEMBER AND TABULATED THE RESULTS FOR THE YEAR, THE NEWS WAS NOT GOOD. OUR JUDICIAL SYSTEM IS UNDER GREAT STRESS. IT IS A SYSTEM ON WHICH HAS BEEN PLACED MORE DEMANDS THAN RESOURCES. DURING THE RECESSION, OUR STATE EXPERIENCED A SLOWDOWN AND STATE TAX COLLECTIONS DECLINED BUT DEMAND FOR JUDICIAL ACTIVITY INCREASED. AS A RESULT, THE JUDICIAL BRANCH HAS DEVELOPED A GROWING BACKLOG. LADIES AND GENTLEMEN, THIS HAS AN EFFECT ON ALL OTHER BRANCHES OF GOVERNMENT. YOU AND I CANNOT ALLOW AN ENTIRE BRANCH OF GOVERNMENT TO FALL BEHIND WITHOUT HINDERING THE EFFECTIVENESS OF THE OTHER TWO BRANCHES -- OUR ACTIONS, THE EXECUTIVE, THE LEGISLATIVE, ARE LINKED TOGETHER. IT DOES LITTLE GOOD FOR YOU TO PASS LAWS AND FOR THE EXECUTIVE BRANCH TO SEEK THEIR ENFORCEMENT IF THE END RESULT IS A LONG WAIT AT THE END OF A CROWDED COURT DOCKET. THIS MUST CHANGE. OUR SOCIETY DEMANDS THAT WE HAVE A PLACE TO EXPEDITIOUSLY RESOLVE DISPUTES; DELAY ONLY COMPOUNDS THE PROBLEMS FOR OUR STATE'S BUSINESS SECTOR, OUR CITIZENS, AND OUR GOVERNMENTAL OPERATIONS. THE SERVICE PROVIDED BY THE COURTS LITERALLY IS THE CORNERSTONE OF STABILITY AND PEACEFUL COEXISTENCE HERE IN SOUTH CAROLINA. NOW BEFORE I TELL YOU WHERE WE ARE GOING, I WILL TAKE A FEW MOMENTS TO LET YOU GET A FEEL FOR WHERE THE COURTS ARE TODAY. OUR MAGISTRATE AND MUNICIPAL COURTS CONTINUE TO HANDLE OVER ONE AND A HALF MILLION CASES EACH YEAR. AND ALTHOUGH COURTS ARE NOT IN THE REVENUE BUSINESS, IT SHOULD BE NOTED THAT THE MAGISTRATE AND MUNICIPAL SYSTEMS GENERATED OVER 64 MILLION DOLLARS THAT WENT INTO COUNTY AND MUNICIPAL SERVICES. THAT REPRESENTS MORE THAN TWICE THE STATE JUDICIAL SYSTEM'S BUDGET. OUR PROBATE COURT ACTUALLY MADE PROGRESS LAST YEAR BY DISPOSING OF MORE CASES THAN WERE FILED. OVER 24,700 CASES PASSED THROUGH THE PROBATE COURT. IN OUR FAMILY COURT, I AM PLEASED TO REPORT THAT EVEN THOUGH FILINGS HAVE EXCEEDED DISPOSITIONS FOR EACH OF THE LAST FIVE YEARS, OUR REPORT SHOWS ONLY 8% OF THE DOCKET IS OVER SIX MONTHS OLD. WHILE HAVING ONLY 8% OF OUR DOCKET OVER SIX MONTHS OLD IS GOOD, I HASTEN TO POINT OUT IN PREVIOUS YEARS WE SAW ONLY 5% AND 4% SO OUR FAMILY COURTS ARE SLOWLY LOSING GROUND. IN OUR COURT OF GENERAL SESSIONS, OVER 109,000 CRIMINAL CASES WERE FILED IN 1991 WHICH IS 8,000 MORE THAN THE PREVIOUS YEAR. WE ENDED 1990 WITH 48,000 CASES PENDING BUT IN 1991 THIS FIGURE GREW TO MORE THAN 62,000 WHICH MEANS OUR BACKLOG GREW BY MORE THAN 13,000 CASES -- OR PUT ANOTHER WAY, BY MORE THAN A THOUSAND NEW CASES A MONTH. IT IS OUR GOAL TO RESOLVE CRIMINAL MATTERS WITHIN SIX MONTHS. IN THE PAST, WE HAVE BEEN ABLE TO HOLD OUR OWN BUT THIS YEAR THE DEMAND FOR COURT TIME WAS TOO GREAT. THE CRIMINAL SIDE OF OUR COURT SYSTEM REMAINS AS A BAROMETER OF THE SYSTEM'S HEALTH AND ABILITY TO PROTECT AND DEFEND OUR CITIZENS FROM ILLEGAL ACTS AND UNJUST ACCUSATIONS. IN 1991 OUR CIVIL DOCKETS SAW NEW FILINGS INCREASE BY 6%. OUR DISPOSITIONS WERE UNABLE TO KEEP PACE. THEREFORE, OUR PENDING CIVIL DOCKET INCREASED AT YEAR'S END BY MORE THAN 4,800 CASES. A TOTAL OF 58,000 CASES WERE FILED IN 1991. IN SUMMARY, OUR JUDICIAL SYSTEM HAD TO CUT BACK DUE TO THE RECESSION BUT CASELOADS CONTINUED TO RISE. THE COURTS HAVE SQUEEZED THE MOST OUT OF EVERY CENT, BUT HAVE ONLY DELAYED THE INEVITABLE. TO KEEP PACE, WE MUST HAVE AN INFUSION OF NEW RESOURCES AND MUST EXAMINE OLD APPROACHES AND INTRODUCE NEW MANAGERIAL TECHNIQUES TO ENSURE EFFICIENCY. TODAY OUR CIRCUIT AND FAMILY COURTS STRUGGLE TO COPE WITH APPROXIMATELY 230,000 CASES EACH YEAR. BUT IF WE CONTINUE TO GROW AT THE SAME RATE, THEN BY 1996 THESE SAME COURTS WILL BE FACED WITH NEARLY 450,000 CASES EACH YEAR. THE POPULATION OF OUR STATE HAS AND WILL CONTINUE TO GROW AND SO TOO WILL THE NEED FOR OUR COURTS TO HANDLE ADDITIONAL LITIGATION. AND ALTHOUGH OUR CASELOAD FIGURES SHOW A GENERAL DETERIORATION IN OUR ABILITY TO KEEP OUR DOCKETS CURRENT, STUDIES ALSO REVEAL IT ISN'T FROM A LACK OF TRYING. AN INDEPENDENT STUDY CONDUCTED IN 1989, SHOWED OUR 31 CIRCUIT JUDGES WERE CREDITED WITH HAVING THE HIGHEST CASELOADS IN THE SOUTHEAST. OUT OF THE SOUTHEASTERN STATES, SOUTH CAROLINA CIRCUIT JUDGES AVERAGED OVER 4,800 CASES PER JUDGE. WITH THE ADDITIONAL NINE JUDGES -- THIS IS NOW APPROXIMATELY 4,000 CASES PER JUDGE. THIRTEEN HUNDRED MORE CASES PER JUDGE THAN NORTH CAROLINA WHICH RANKED SECOND. OUR JUDICIARY IS AND WILL CONTINUE TO BE THE HARDEST WORKING NOT ONLY IN THE SOUTHEAST BUT THROUGHOUT THE COUNTRY. OUR STATE RAISED CASE FILING FEES -- TWICE TO GENERATE FUNDS TO SUPPORT AND STAFF NINE NEW JUDGESHIPS; BUT HAVING THESE JUDGES HAS BEEN LIKE GETTING A NEW CAR WITHOUT HAVING FUNDS FOR GAS. WITHOUT FUNDS FOR ROTATION, THESE JUDGES CAN NOT BE SENT TO WHERE THEY ARE NEEDED. OUR BUDGET CONTAINS A REQUEST FOR JUDICIAL ROTATION EXPENSES WHICH THE HOUSE AND SENATE HAVE SUPPORTED AND WITH WHICH I HOPE THE CONFERENCE COMMITTEE WILL CONCUR. THE CITIZENS IN 18 OF YOUR COUNTIES ARE WITHOUT A RESIDENT CIRCUIT JUDGE AND 11 COUNTIES ARE WITHOUT A FAMILY COURT JUDGE. THE CITIZENS IN THESE COUNTIES ARE TOTALLY DEPENDENT ON JUDICIAL ROTATION TO ENSURE THEIR DAY IN COURT. THEIR RIGHT TO SETTLE THEIR DISPUTE IS JUST AS IMPORTANT TO THEM AS IT IS TO A CITIZEN WHO RESIDES IN THE RESIDENT COUNTY OF A JUDGE. LADIES AND GENTLEMEN, I AM HERE TO REPORT TO YOU ON THE STATE OF OUR JUDICIARY BUT THE FIGURES I HAVE GIVEN YOU TELL THE STORY. WE HAVE A BACKLOG THAT WILL ONLY GET WORSE UNLESS CORRECTIVE ACTION IS TAKEN. YOU AND I MUST STEP FORWARD NOW TO REVERSE THE TREND AND PREPARE FOR WHAT WILL FACE US TOMORROW. I WILL DEPART FROM THE USUAL STATE OF THE JUDICIARY PRESENTATION BY NOT LINGERING ANY MORE ON THE STATE OF OUR PAST BUT FOCUSING NOW ON WHAT WE WILL EMBARK ON FOR TOMORROW. AT THE VERY BEGINNING, I WANT YOU TO KNOW THAT WHAT NEEDS TO BE DONE IS EXTREMELY IMPORTANT BUT CANNOT BE ACCOMPLISHED BY ONE MAN. HOWEVER, IN PARTNERSHIP WITH THE LEGISLATIVE AND EXECUTIVE BRANCHES, THERE IS NOTHING WE CANNOT ACCOMPLISH FOR THE BENEFIT OF OUR CITIZENS' JUDICIAL SYSTEM. I HAVE ASKED THE GENERAL ASSEMBLY FOR AN ADDITIONAL 3.8 MILLION DOLLARS. THE MEDIA AND I HAVE PORTRAYED THE SUM AS SIGNIFICANT AND THERE HAVE BEEN HEADLINES SUCH AS `COURT SEEKS HUGE INCREASE.' I COULDN'T HELP BUT NOTICE, HOWEVER, THAT WHEN THE HIGHWAY DEPARTMENT ANNOUNCED THEY WOULD SEEK 10 MILLION FOR RENOVATING BATHROOMS AND CORRECTIONS RECEIVED OVER A 105 MILLION FOR NEW PRISONS, NO ONE EXPRESSED ALARM. 3.8 MILLION MAY BE POCKET CHANGE TO SOME OF OUR LARGE AGENCIES, BUT TO THE THIRD BRANCH OF GOVERNMENT IT WILL CONTINUE TO BE REGARDED AS A SIGNIFICANT AMOUNT AND EACH CENT WISELY INVESTED. I DO WANT TO CLARIFY THAT NOT ALL OF THIS REQUEST REPRESENTS WHAT I WOULD REGARD AS NEW FUNDING. ABOUT A THIRD GOES TOWARDS ANNUALIZING EXPENDITURES OR MAKING UP FOR CUTS. FOR INSTANCE, WHEN WE RECEIVED THE NINE NEW JUDGES, WE DID NOT RECEIVE ENOUGH FUNDING FOR A FULL YEAR'S SALARY. THUS, ADDITIONAL DOLLARS TO ANNUALIZE THESE EXPENSES ARE IN OUR REQUEST. WE ARE ALSO SEEKING A RETURN OF ROTATION FUNDS WHICH WERE CUT. IN ALL, ABOUT 1.3 MILLION WILL BE NEEDED JUST TO KEEP US EVEN. BUT I AM ALSO SEEKING FUNDING FOR NEW INITIATIVES WHICH IN THE LONG TERM WILL HELP ALL OF US OPERATE MORE EFFICIENTLY AND SAVE OUR TAXPAYERS' MONEY. FIRST, 1.9 MILLION TO AUTOMATE THE JUDICIAL SYSTEM. THE INFORMATION NOW IS LARGELY PROCESSED BY HAND AND IS OFTEN DUPLICATED. OUR PEOPLE STRUGGLE TO HANDLE THE CURRENT 230,000 FILINGS. WE MUST AUTOMATE AT THE STATE AND COUNTY LEVEL IF WE EXPECT TO COPE WITH TWICE THAT AMOUNT BY 1996. I DON'T KNOW WHETHER YOU REALIZE IT OR NOT, BUT I DON'T EVEN HAVE A COPYING MACHINE IN MY OFFICE. THAT IS HOW FRUGAL WE HAVE BEEN. I DON'T KNOW WHETHER YOU REALIZE IT OR NOT BUT, THE SUPREME COURT OF SOUTH CAROLINA, THE HIGHEST COURT IN THIS STATE, DOES NOT EVEN HAVE A FAX MACHINE. THAT IS HOW FRUGAL IT IS. OUR PEOPLE STRUGGLE TO HANDLE THE CASELOADS AND WE, I EMPHASIZE, MUST AUTOMATE. IT IS TIME FOR THE JUDICIAL SYSTEM TO COME OUT OF THE YELLOW PAD AND PENCIL ERA AND JOIN THE REST OF OUR BUSINESS AND LEGAL COMMUNITIES WHO ARE ALREADY IN THE COMPUTER AGE. BUILDING UPON THIS AUTOMATION THERE ARE OTHER INITIATIVES THAT WILL TAKE PLACE. FIRST, I HAVE DIVIDED OUR STATE INTO FOUR JUDICIAL REGIONS -- EACH REGION CONTAINING FOUR CIRCUITS. WITHIN THESE REGIONS I WILL EMPLOY A NEW METHOD OF ASSIGNING JUDGES CALLED REGIONAL ROTATION. JUDGES WILL BE ASSIGNED SO THEY SPEND MORE OF THEIR TIME WITHIN THEIR RESPECTIVE REGION. THE NEW REGIONAL APPROACH WILL PRODUCE SEVERAL BENEFITS. LESS TRAVEL AND THEREFORE LOWER TRAVEL COST. SHORTER TRAVEL DISTANCES SHOULD ALLOW JUDGES MORE OPPORTUNITY TO BE WITH THEIR FAMILIES. I HOPE THIS WILL IMPROVE THEIR QUALITY OF LIFE AND KEEP JUDGESHIP OPENINGS ATTRACTIVE TO THE BEST AND BRIGHTEST ATTORNEYS IN YOUR AREAS. REGIONAL ROTATION WILL ALSO ALLOW ME TO INTRODUCE ANOTHER NEW MANAGERIAL INITIATIVE CALLED BEGINNING-TO-END CASE HANDLING. LADIES AND GENTLEMEN, JUDICIAL ROTATION IS A BENEFIT TO OUR UNIQUE SYSTEM. IT ALLOWS ME TO PUT THE JUDGE POWER WHERE IT IS MOST NEEDED AND MOST CASES ARE USUALLY RESOLVED WITHIN A ONE OR TWO WEEK TERM OF COURT SO THE ROTATION SYSTEM HAS WORKED WELL. BUT TODAY WE ARE SEEING AND WILL CONTINUE TO SEE MORE INSTANCES WHERE COMPLEX CASES REQUIRE THE ATTENTION OF MANY DIFFERENT JUDGES PARTICIPATING IN VARIOUS STAGES OF THE CASE'S JOURNEY THROUGH THE COURT. MULTIPLE JUDGE HANDLING OF A SINGLE CASE IS COSTLY TO THE LITIGANTS AND THE STATE. BY KEEPING JUDGES WITHIN A MORE NARROWLY DEFINED GEOGRAPHICAL AREA FOR LONGER PERIODS OF TIME, I WILL BE ABLE TO ASSIGN JUDGES TO HANDLE COMPLEX MATTERS FROM BEGINNING TO END. ONE JUDGE -- ONE CASE -- START TO FINISH. THIS APPROACH WILL REDUCE THE DELAY AND MAINTAIN CONSISTENCY IN RULINGS AS WELL AS KEEPING DOWN THE COST OF COMPLEX LITIGATION. JUDGES WILL STILL BE SYSTEMATICALLY ROTATED AROUND THE STATE BUT WITH REGIONAL ROTATION, THEY WILL SPEND LONGER PERIODS IN SMALLER AREAS. TO BRING ABOUT FULL UTILIZATION OF OUR COURT AUTOMATION SYSTEM AND REGIONAL ROTATION, I WILL NEED FOUR REGIONAL COURT ADMINISTRATORS. THESE INDIVIDUALS WILL LESSEN THE BURDEN NOW PLACED UPON OUR ADMINISTRATIVE JUDGES. THEY WILL OPERATE WITHIN EACH REGION TO PREPARE THE COURTS FOR THE ARRIVAL OF A TERM OF COURT. I WANT OUR JUDGES TO USE THEIR TIME IN COURT AND PROFESSIONAL ADMINISTRATORS TO GET THEM READY. LADIES AND GENTLEMEN, NOTHING IS MORE IMPORTANT THAN WELL-TRAINED JUDGES AND THEREFORE, I HAVE REQUESTED THE LEGISLATURE PROVIDE FUNDING FOR JUDICIAL TRAINING. MY GOAL IS TO SEND OUR JUDGES TO THE NATIONAL JUDICIAL COLLEGE ONCE EVERY THREE YEARS FOR CONTINUED INTENSIVE JUDICIAL TRAINING. THE BAR HAS DONE A TREMENDOUS SERVICE BY PROVIDING FUNDS FOR CONTINUING EDUCATION BUT AS THE COMPLEXITY OF LITIGATION CONTINUES TO INCREASE, SO TOO MUST TRAINING. THE JUDICIARY HAS GROWN OVER THE YEARS. WHEN I WAS ON THE CIRCUIT BENCH, THERE WERE ONLY 16 CIRCUIT JUDGES; WE NOW HAVE 40. THE COURT OF APPEALS HAD NOT BEEN ESTABLISHED AND THERE WAS NO STATEWIDE FAMILY COURT. THE ACTIVITY OF OUR COURTS HAS INCREASED TO WHERE SOME OF OUR COUNTIES NOW HANDLE AS MUCH AS AN ENTIRE CIRCUIT USED TO DEAL WITH. OUR JUDGES ARE MOVING ALMOST CONSTANTLY. THIS SIMPLY MEANS THAT GOOD COMMUNICATIONS IS A MUST; UNDER THE CIRCUMSTANCES IN WHICH THE JUDICIARY MUST OPERATE, IT IS A MAJOR CHALLENGE. THE ADMINISTRATIVE RESPONSIBILITIES OF A CHIEF JUSTICE HAVE INCREASED OVER THE YEARS. IN ADDITION TO MY MANAGERIAL RESPONSIBILITIES, I CARRY A FULL CASELOAD. IN THIS SETTING, A PUBLIC INFORMATION OFFICER AND EXECUTIVE ASSISTANT IS NEEDED TO ASSIST WITH THE PUBLIC, THE MEDIA, THE LEGISLATURE, THE ATTORNEYS, THE JUDGES, AND OTHERS WHO NEED TO KNOW WHAT IS TAKING PLACE. THERE MUST BE A CENTRAL LOCATION WHERE THEY MAY FIND ANSWERS TO THEIR QUESTIONS. I WANT THE INFORMATION BOTH THE GOOD AND THE BAD TO BE DISSEMINATED SO WE MAY ALL BE BETTER INFORMED. FOR NOW, YOU ARE LOOKING AT THE COURT'S PUBLIC INFORMATION SPOKESMAN. COMMUNICATION IS A VITAL COMPONENT OF ANY SUCCESSFUL OPERATION; AND I HAVE TAKEN STEPS THAT WILL IMPROVE COMMUNICATIONS BETWEEN THE BENCH, THE BAR, AND ME. I HAVE ESTABLISHED A BENCH/BAR COMMITTEE MADE UP OF JUDGES AND ATTORNEYS FROM EVERY CIRCUIT OF THE STATE. THE PURPOSE OF THIS COMMITTEE IS TO CREATE A BETTER COMMUNICATION LINK. THIS COMMITTEE WILL BE MY EYES AND EARS WITHIN EACH COUNTY. OUR ROLE WILL BE TO QUICKLY RESOLVE OLD PROBLEMS BUT MORE IMPORTANTLY TO ENSURE NEW ISSUES ARE IDENTIFIED AS SOON AS POSSIBLE, DISCUSSED, AND RESOLVED BEFORE THEY DEVELOP TO THE POINT WHERE THEY INTERFERE WITH JUDICIAL OPERATIONS. IT IS MY BELIEF THAT GOOD COMMUNICATION CREATES BETTER UNDERSTANDING WHICH BRINGS ABOUT COOPERATION WHICH IN TURN WILL RESULT IN PROGRESS. I HAVE ALSO BEGUN THE EXPERIMENT WITH CAMERAS IN THE COURTROOM. FOR A SIX-MONTH PERIOD, I AM USING ONE COURTROOM IN RICHLAND COUNTY. UNDER THE DIRECTION OF JUDGE RUSHING, WE WILL EXPERIMENT AND HOPEFULLY EXPAND FROM THERE ACROSS THE STATE. IT IS MY BELIEF THAT WITH THE TECHNOLOGY THAT IS AVAILABLE TODAY, WE CAN ALLOW GREATER ACCESS FOR OUR CITIZENS INTO COURT PROCEEDINGS WITHOUT --AND I UNDERSCORE THIS --WITHOUT JEOPARDIZING OUR CITIZENS' RIGHT TO A FAIR TRIAL. LET ME REPORT TO YOU THAT OUR EXPERIMENT IS GOING WELL. A CAREFULLY DRAFTED SET OF GUIDELINES HAS BEEN PREPARED WHICH WILL CONTROL THE EXPERIMENT. THE JUDGE WILL AT ALL TIMES MAINTAIN APPROPRIATE DECORUM AND DISCRETION ON WHEN AND HOW THE CAMERAS WILL OPERATE. THE COURTS WILL NOT BE TURNED OVER TO THE MEDIA BUT THROUGH THE GUIDELINES THERE WILL BE MORE VISUAL ACCESS TO COURT PROCEEDINGS. I ASSURE YOU WE WILL REMAIN WATCHFUL AND MAINTAIN A BALANCE BETWEEN OUR CITIZENS' RIGHT TO KNOW, THEIR RIGHT TO A FAIR TRIAL, AND THE VICTIM'S RIGHT TO PRIVACY. NOW, LADIES AND GENTLEMEN, FUNDING FOR THE COURT, THE DEPARTMENT OF CORRECTIONS, AND OTHERS REPRESENTS DOLLARS SPENT ON TRYING TO CORRECT WHAT IN SOME INSTANCES SHOULD HAVE BEEN PREVENTED. THIS YEAR A 105 MILLION DOLLAR BOND BILL WAS APPROVED FOR NEW PRISONS AND REPORTS INDICATE AN ADDITIONAL 14 MILLION DOLLARS IS BEING SOUGHT TO MEET THE NEEDS OF OPERATING THE PRISONS. THESE FUNDS WILL PROBABLY BE PROVIDED BECAUSE THEY ARE NEEDED. HOW MANY TEACHERS COULD WE HIRE WITH THAT KIND OF MONEY? HOW MANY NEW COMPUTERS COULD BE ADDED TO CLASSROOMS, AND WHICH IS THE BETTER LONG TERM INVESTMENT FOR OUR STATE? WE NEED TO DEAL WITH THE OVERCROWDING PROBLEM IN SUCH A WAY AS TO REDUCE THE NEED TO CONTINUE TO PUT MORE MONEY INTO EXPENSIVE PRISONS. OUR ATTITUDE MUST CHANGE. IT MUST CHANGE HERE IN SOUTH CAROLINA AND HERE IN THESE HALLS. SOUTH CAROLINA CANNOT FINANCIALLY AFFORD TO LOCK UP EVERYBODY FOR EVERY CRIME. THIS STATE NEEDS TO CAREFULLY EVALUATE HOW OUR EXPENSIVE PRISON RESOURCES ARE BEING USED. WE MUST PROTECT OUR CITIZENS FROM THE VIOLENT AND HABITUAL CRIMINALS; BUT THERE ARE WAYS TO PUNISH INDIVIDUALS WHO VIOLATE THE RULES OF SOCIETY WITHOUT FINANCIALLY STRAINING THE STATE'S BUDGET. IT HAS BEEN SAID AND I BELIEVE IT TO BE TRUE THAT FOR EVERY PERSON WE SEND TO PRISON, TWO CANNOT GO TO COLLEGE. ON AN AVERAGE, IT COSTS ALMOST $12,400 A YEAR TO KEEP AN INDIVIDUAL IN PRISON. AS A JUDGE AND AS CHAIRMAN OF THE SENTENCING GUIDELINES COMMISSION, I KNOW WE CAN DO BETTER. I KNOW WE CAN UTILIZE PROGRAMS THAT WOULD SAVE OUR STATE MILLIONS AND COME CLOSER TO MEETING THE NEEDS OF THE OFFENDER AND VICTIM. SOUTH CAROLINA HAS AS MANY ALTERNATIVE PROGRAMS AS ANY STATE IN THE COUNTRY. IT IS NOT WHAT WE HAVE, IT'S HOW WE USE IT THAT COUNTS. WE DESPERATELY NEED A COMPREHENSIVE PLAN ON HOW TO PROTECT OUR CITIZENS WITHOUT PUTTING THE STATE INTO BANKRUPTCY OR LOWERING OUR ABILITY TO SUPPORT OTHER NEEDS SUCH AS HEALTH, EDUCATION, AND JOB CREATION. SINCE 1985, OUR STATE HAS SPENT 250 MILLION ON NEW PRISONS; BUT THAT IS NOT ENOUGH. IT IS BEING ARGUED THAT ANOTHER 350 MILLION WILL BE REQUIRED BY 1997, IN ADDITION TO ANOTHER 94 MILLION IN OPERATING COST. LADIES AND GENTLEMEN, AS A JUDGE, AS A TAXPAYER AND AS A CITIZEN OF THIS STATE, I HOPE TO SEE THE DAY WHEN WE ALL RECOGNIZE THAT WE CAN GET MORE FOR OUR TAX DOLLAR, AND DEVELOP A COMPREHENSIVE POLICY ON HOW TO GET THE MOST FROM OUR LIMITED PRISON RESOURCES. AS AN INITIAL STEP, I SEEK YOUR HELP IN GETTING PASSED H3400 WHICH IS A COMPREHENSIVE CRIMINAL CLASSIFICATION BILL. THIS BILL ADDRESSES OVER 700 CRIMINAL OFFENSES AND CLASSIFIES THEM INTO ONE OF NINE CATEGORIES. EACH CATEGORY WILL CONTAIN CRIMES OF SIMILAR SERIOUSNESS. THERE WILL BE A CLEAR AND MEANINGFUL DISTINCTION BETWEEN FELONIES AND MISDEMEANORS. OUR CURRENT CRIMINAL CODE IS A MESS. THERE IS NOT A CLEAR DISTINCTION IN MANY INSTANCES BETWEEN FELONIES AND MISDEMEANORS. AND THIS ACTION IS LONG OVERDUE. IT BRINGS ORDER AND CLARIFICATION TO OUR CRIMINAL OFFENSES AND FORMS A FOUNDATION UPON WHICH A COMPREHENSIVE PLAN CAN BEGIN TO TAKE SHAPE. I ALSO ASK THAT YOU GIVE FAVORABLE CONSIDERATION TO H4498 WHICH DEALS WITH MAGISTRATES' TRAINING. THE BILL HAS PASSED THE HOUSE AND IS NOW BEING CONSIDERED BY THE SENATE. THE SUMMARY COURT IS AT TIMES REFERRED TO AS THE PEOPLE'S COURT. IT IS A TIER OF OUR JUDICIAL SYSTEM DOMINATED BY LAY JUDGES. IN THIS COURT, PEOPLE OFTEN REPRESENT THEMSELVES AND, NO ONE WITH A LEGAL EDUCATION IS INVOLVED IN RENDERING A DECISION. THE SUMMARY COURT IS A GOOD SYSTEM AND ONE WE SHOULD BUILD UPON AND ALTHOUGH FUNDAMENTALLY SOUND, THIS COURT IS IN NEED OF QUALITY CONTROL MEASURES TO ENSURE WE HAVE MEN AND WOMEN WITH THE JUDICIAL ABILITY TO RENDER DECISIONS THAT INVOLVE HIGHER AMOUNTS OF PROPERTY VALUES AND LONGER JAIL TERMS. WITH OUR MAJOR TRIAL COURT DOCKETS CLOGGED AND GROWING, THE MAGISTRATE'S COURT IS BEING VIEWED AS A VEHICLE TO HANDLE SOME OF THE CASES NOW EXCLUSIVELY TRIED BY CIRCUIT JUDGES WHO HAVE LEGAL EDUCATIONS. I WOULD FAVOR TRANSFERRING JURISDICTION OF SOME CRIMINAL CASES TO THE MAGISTRATE'S COURT AND RAISING THE LEVEL OF PROPERTY AMOUNTS AS A MEANS TO BE MORE COST EFFECTIVE IN DEALING WITH OUR CROWDED DOCKETS. HOWEVER, STEPS MUST FIRST BE TAKEN TO ENSURE THAT OUR CITIZENS' RIGHTS TO A FAIR TRIAL ARE PROTECTED BY ENSURING THOSE WHO SIT IN JUDGEMENT ARE QUALIFIED. ON THE WHOLE, LAY JUDGES CAN AND HAVE DONE AN EXCELLENT JOB BUT WE MUST BE SURE THAT ALL OF OUR SUMMARY COURT JUDGES MEET BASIC REQUIREMENTS BEFORE THEY ARE GIVEN THE AUTHORITY TO RENDER JUDGEMENTS WHICH AFFECT OUR FELLOW CITIZENS' RIGHTS, LIBERTY AND PROPERTY. A MAJORITY OF THE MAGISTRATES WANT THIS AND WE NEED THIS IN ORDER TO FULLY UTILIZE THE FULL POTENTIAL OF THIS TIER OF OUR JUDICIARY. I SEEK YOUR FAVORABLE ATTENTION TO H4498 WHICH WOULD HELP ESTABLISH BASIC REQUIREMENTS. NOW, THERE ARE TWO MORE ITEMS THAT YOU SHOULD BE MADE AWARE OF. FIRST, THERE ARE SOME TWELVE LAWSUITS CHALLENGING INADEQUATE COMPENSATION FOR THE DEFENSE OF INDIGENTS. THESE SUITS HAVE BEEN RAISED BY INDIVIDUAL ATTORNEYS, COUNTY GOVERNMENTS, AND PUBLIC DEFENDER CORPORATIONS ALL ALLEGING THE STATE INADEQUATELY COMPENSATES FOR DEFENDING INDIGENTS. FOR NOW THE COMPENSATION ISSUES DEAL MAINLY WITH DEATH PENALTY CASES; BUT LOCAL BAR ASSOCIATIONS HAVE NOTED THAT THE APPOINTMENT OF ATTORNEYS NOW GOES ON IN A MUCH WIDER ARRAY OF ISSUES -- SUCH AS FAMILY COURT, GUARDIAN AD LITEM CASES, POST CONVICTION RELIEF HEARINGS, AND PROBATE MATTERS. LOCAL ATTORNEYS ARE BEING FORCED TO GIVE THEIR TIME AND RESOURCES IN REPRESENTING THESE INDIGENTS. SHOULD THE PARTIES PREVAIL IN THEIR EFFORTS TO ALTER THE STATE'S COMPENSATION SCHEDULES IN DEATH PENALTY AND OTHER MATTERS, THEN COSTS COULD GO MUCH HIGHER THAN THEY ARE TODAY. THE LAST ITEM I WANT TO MAKE YOU AWARE OF IS THAT AS THE COST OF LITIGATION CONTINUES TO RISE, WE SHOULD LOOK VERY CLOSELY AT ALTERNATIVES WHICH ARE DESIGNED TO SAVE THE PARTIES AND THE TAXPAYERS' MONEY. WE MUST BE AWARE OF THE COST OF LITIGATION AND THE NEED TO MOVE FORWARD WITH INNOVATIVE APPROACHES. ONE APPROACH IS ALTERNATIVE DISPUTE RESOLUTION, A.D.R., WHICH USES ARBITRATION OR MEDIATION INSTEAD OF A COURT PROCEEDING. THIS GENERAL ASSEMBLY IS CONSIDERING SENATE BILL 1253 WHICH PROVIDES FOR MEDIATION BY PARTIES IN DOMESTIC LITIGATION. SIMILAR MEASURES SHOULD ALSO BE EXPLORED FOR OTHER CIVIL CASES. WE NEED TO FIND THE MOST EXPEDITIOUS AND COST EFFECTIVE MEANS OF RESOLVING DISPUTES. THE JURY TRIAL IN SMALL PROPERTY CASES IS BECOMING AN ALL TOO EXPENSIVE USE OF TAXPAYERS' MONEY. IT SIMPLY MAKES GOOD SENSE TO EXHAUST ALL POSSIBILITIES OF SETTLING THE DISPUTES BEFORE THEY CALL UPON THE TAXPAYERS TO FINANCE THE EXPENSE OF A JURY TRIAL WHICH MAY COST MORE THAN THE ISSUE IN DISPUTE. LADIES AND GENTELEMEN, AT THIS TIME, I ASK YOU TO LOOK CLOSELY AT ALTERNATIVE DISPUTE RESOLUTION AND SEE IF IT WILL PROVE TO BE AN EFFECTIVE WAY FOR US TO DEAL WITH THE INCREASING COST AND QUANTITY OF LITIGATION. MY FRIENDS, THE JUDICIARY AND THE STATE OF SOUTH CAROLINA FACES A CHALLENGING YEAR. I SINCRELY ASK FOR YOUR COOPERATION AND UNDERSTANDING AND I LOOK FORWARD TO WORKING WITH YOU TO HOPEFULLY RESOLVE THE PROBLEMS FACING OUR GREAT STATE. THANK YOU SO MUCH."

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

At 12:55 P.M., on motion of Senator LAND, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:37 P.M. and was called to order by the PRESIDENT.

The following was received:

Document No. 1433
Promulgated By Consumer Affairs
Licensing Standards for Continuing Care Retirement Communities
Received By Lt. Governor March 5, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date July 3, 1992
Withdrawn and resubmitted May 6, 1992

Columbia, S.C., April 29, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Very respectfully,
Speaker of the House

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Subitem 13 of Section 3 of Act 1377 of 1968, as added by Section 1 of Act 518 of 1980, is amended to read:

"13. Educational Television

Commission:

1. Greenville-Replacement

of Transmitter

Equipment and

Transmitter Building

on Paris Mountain $1,171,900

2. Equipment-Conway

Station 485,000

32. Equipment-Spartanburg

Station 485,000

4. Equipment-Greenwood

Station 485,000

3. Equipment-Columbia

Facility 970,000

Total, Education

Television Commission $5,626,900

2,626,900".

SECTION 2. Subitem 5 of item 12 of Section 3 of Act 1377 of 1968, as added by Section 1 of Act 538 of 1986, is amended to read:

"5. Sumter Area Technical

College

(a) Building 400 Roof

replacement 100,000

(b) Building 100 Class

renovations 170,000

(c) Building 200

Renovations 30,000

(d) Building 300

Renovation damage 10,000

(b) Building 400 Renovations 210,000".

SECTION 3. Sub-subitem (j), subitem 24(A) (Department of Youth Services), item (f), Section 3 of Act 1377 of 1968, as last amended by Section 6 of an act of 1991 bearing ratification number 256, is further amended to read:

"(j) Facility Roofing 309,284
269,284".

SECTION 4. Item (f) of Section 3 of Act 1377 of 1968, as last amended by an act of 1991 bearing ratification number 256, is further amended by adding:

"Ports Authority

Economic Development Project 25,000,000
__________

Total, Ports Authority 25,000,000

If the Joint Bond Review Committee and the Budget and Control Board determine that the Ports Authority Economic Development Project cannot be implemented, the authorization in this subitem is void."

SECTION 5. Subitem 34 (Horry County), item (f), Section 3 of Act 1377 of 1968, as last amended by Section 8 of an act of 1991 bearing ratification number 256, is further amended to read:

"34. Horry County

Multipurpose Arena

City of Myrtle Beach

Convention Center 5,000,000

Total, Horry County

Multipurpose Arena

City of Myrtle Beach 5,000,000

The funds authorized in this subitem for the Horry County-Multipurpose Arena must be matched on a three-to-one value basis as provided by the governing body of Horry County and any governing body of any municipality in Horry County, donations in-kind, and any other source of funds which may be obligated for the arena. The funds authorized in this subitem for the City of Myrtle Beach Convention Center must be matched on a three-to-one value basis as provided by the governing body of the City of Myrtle Beach or the governing body of Horry County, donations in-kind, and any other source of funds which may be obligated for the convention center, including funds of any nonprofit corporation pursuant to any certificate of participation financing of the convention center."

SECTION 6. (A)(1) The offices of the Retirement Division of the State Budget and Control Board have relocated three times in the downtown area of Columbia during the past fifteen years, bringing about administrative hardship and creating confusion on the part of the two hundred thousand members and retirees of the various state retirement systems.

(2) The Retirement Division is currently unable to provide adequate parking for its thousands of visitors.

(3) Many state retirement systems, after careful study, have determined it to be prudent to own administrative space acquired through the use of system funds.

(4) Leasing proposals indicate ownership is a wise option for our system to pursue.

(B) The General Assembly finds that the Retirement Division of the State Budget and Control Board needs adequate and suitable office space to fulfill its ordinary and necessary functions and that ownership of adequate and suitable office space will lend stability to the division's relationship with the members and retirees of the various state retirement systems, provide adequate parking for visitors, and, when compared to leasing, preserve the funds of the various systems.

(C) The State Treasurer may transfer an amount necessary from the funds of the various state retirement systems for use in purchasing or building adequate and suitable offices primarily for the use of the Retirement Division of the State Budget and Control Board. The purchase or construction must conform to applicable laws, regulations, and policies governing acquisitions.

SECTION 7. Notwithstanding the provisions of Section 2-7-105 of the 1976 Code, it is the intent of the General Assembly that state capital improvement bonds may not be authorized in 1993.

SECTION 8. Section 4 of Act 1377 of 1968, as last amended by an act of 1991 bearing ratification number 256, is further amended to read:

"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,765,539,125.10 $1,790,539,125.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."

SECTION 9. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/J. Verne Smith /s/William D. Boan
/s/Hugh Leatherman /s/Marion P. Carnell
/s/Thomas L. Moore /s/Henry E. Brown, Jr.

On Part of the Senate. On Part of the House.

Senator J. VERNE SMITH explained the report.

The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification, and a message was sent to the House accordingly.

The following were introduced:

S. 1537 -- Senator Reese: A SENATE RESOLUTION RECOGNIZING CHRIS BARRETT OF SPARTANBURG COUNTY, SENIOR AT BOILING SPRINGS HIGH SCHOOL, ON HIS RECEIVING ONE OF THE NATIONAL BETA CLUB'S TOP FOUR SCHOLARSHIPS, AND COMMENDING HIM FOR HIS OUTSTANDING SCHOLASTIC ACCOMPLISHMENTS AND SERVICE TO OTHERS.

The Senate Resolution was adopted.

H. 4820 -- Reps. McGinnis, Beatty, Bruce, Kempe, Littlejohn, Lanford and Wells: A CONCURRENT RESOLUTION TO CONGRATULATE SHAWN GRAVES OF SPARTANBURG ON BEING NAMED SOUTH CAROLINA MALE AMATEUR ATHLETE OF THE YEAR.

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

H. 4821 -- Reps. Stoddard, Clyborne, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 13, 1992, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE COLLEGE OF CHARLESTON, WINTHROP UNIVERSITY, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1992 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.

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

That the House of Representatives and the Senate meet in joint session in the Hall of the House at 12:00 noon on Wednesday, May 13, 1992, for the purpose of electing members of the Boards of Trustees of Lander College, the Medical University of South Carolina, the College of Charleston, Winthrop University, Francis Marion University, South Carolina State University, and the Wil Lou Gray Opportunity School, and the Board of Visitors of The Citadel, to succeed those members whose terms expire in 1992 or whose positions otherwise must be filled.

Referred to the Committee on Judiciary.

H. 4826 -- Reps. Carnell, McAbee and Johnson: A CONCURRENT RESOLUTION TO COMMEND DR. LARRY A. JACKSON, PRESIDENT OF LANDER COLLEGE, FOR HIS TRULY EXCEPTIONAL SERVICE AS PRESIDENT OF THIS FINE INSTITUTION SINCE 1973 UPON THE OCCASION OF HIS RETIREMENT.

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

H. 4828 -- Rep. White: A CONCURRENT RESOLUTION COMMENDING OLLIE S. MCALISTER OF JASPER COUNTY FOR TEN YEARS OF DEVOTED AND OUTSTANDING PUBLIC SERVICE AS DIRECTOR OF THE JASPER COUNTY DEPARTMENT OF SOCIAL SERVICES AND EXTENDING BEST WISHES FOR HAPPINESS FOLLOWING HER RETIREMENT.

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

H. 4829 -- Reps. Cobb-Hunter, J.C. Johnson, H. Brown, J. Brown, G. Brown, Kirsh, Sharpe, Smith, Council, Bennett, Sturkie, D. Elliott, Waites, K. Burch, Stone, Shirley, Wilkins, Harrelson, Koon, T.C. Alexander, Cromer, Fair, Waldrop, Jennings, Corning, Hodges, Haskins, Riser, Harrison, Wright, Shissias, Corbett, McTeer, Rudnick, Altman, Delleney, J. Harris, Hyatt, Chamblee, Gonzales, Clyborne, Baker and Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE RUBY M. MIMS OF ORANGEBURG COUNTY WHO HAS BEEN CHOSEN "POSTMASTER OF THE YEAR" BY THE SOUTH CAROLINA LEAGUE OF POSTMASTERS.

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

S. 1534 -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND MR. THOMAS WEEKS SANDEL, JR. OF COLUMBIA FOR HIS YEARS OF ACTIVE AND COMMITTED CIVIC AND COMMUNITY SERVICE.

Returned with concurrence.

Received as information.

S. 1471 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.

Returned with concurrence.

Received as information.

H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

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

There was no objection.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.

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

There was no objection.

The Bill was read the second time, passed and ordered to a third reading.

On motion of Senator BRYAN, with unanimous consent, S. 1338 was ordered to receive a third reading on Thursday, May 7, 1992.

H. 4158 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment printed in the Journal of March 12, 1992.

Senator THOMAS asked unanimous consent to withdraw the proposed amendment.

There was no objection.

Senator THOMAS proposed the following amendment (DKA\3913.BD), which was adopted:

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

/SECTION 1. (A) Notwithstanding other provisions of law, the annual budget for the School District of Greenville County must be determined in accordance with this act.

(B) The board of trustees of the district annually shall prepare a budget and recommend to the county auditor the amount of tax millage, computed to the nearest whole mill, necessary to defray the cost of the budget. As used in this act, "budget" means that amount of the total cost of operating the schools of the district and does not include bonded indebtedness.

(C) For a given fiscal year the board may increase millage to raise funds based on the prior year's consumer price index for the southeast published by the United States Department of Labor as reported by the State Budget and Control Board as it applies to the amount of the budget in the prior fiscal year, plus the amount required to fund new unfunded federal and state mandates, plus the amount of reductions in federal and state monies not accompanied by corresponding program cuts, and minus new total anticipated income from all sources available to the district. Errors in projected income must be taken into consideration in the next year's funding calculations. For purposes of this subsection, reductions in federal and state monies means actual reductions in total federal and state funds to be received by the district in the prior fiscal year. This subsection does not restrict the total budget of the district.

(D) The board may increase the budget to the amount necessary to raise revenue to the level of combined mandates, reductions, and inflation, not to exceed four mills in any one year. If the board finds it necessary to increase the budget beyond the limits prescribed in this subsection, it shall submit the question to the qualified electors of the district by referendum.

(E) An independent auditor who reports directly to the board periodically shall conduct fiscal and management audits of the district at the district's expense, and a copy of the audit must be forwarded to the Greenville County Legislative Delegation. The auditor serves at the pleasure of the board.

(F)(1) After property reassessment the school millage must be adjusted to reflect the appropriate millage under the new assessed property value. The new millage rate becomes the base rate. Tax revenues may not exceed the total tax revenue for the immediately preceding year by more than one percent as provided in Section 12-43-280 of the 1976 Code. The board may not increase the new base rate after reassessment except pursuant to this section.

(2) The school district shall provide to each member of the Greenville County Legislative Delegation the following as information:

(a) total revenue received by the district in the preceding fiscal year;

(b) new unfunded mandates from the federal and state governments;

(c) reductions in funding from the federal and state governments;

(d) total anticipated revenue available to the district for the upcoming fiscal year.

(G) At the discretion of the board, Greenville County tax notices must contain a check-off option for the taxpayer to contribute voluntarily to the funding of a district-wide special project designated by the board. The option must be substantially in the following form: "By checking `Yes' for this contribution, I voluntarily contribute an amount above my required tax bill to be used only for the special project listed on this option.

_ Yes _ No"

SECTION 2. Act 284 of 1989 and Act 251 of 1991 are repealed.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

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

On motion of Senator THOMAS, H. 4158 was ordered to receive a third reading on Thursday, May 7, 1992.

H. 4284 -- Rep. Wilkins: A BILL TO ESTABLISH A PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN GREENVILLE COUNTY PLUS ONE PERCENT, TO PROVIDE EXCEPTIONS, TO AUTHORIZE A LARGER INCREASE UPON APPROVAL BY THE COUNTY LEGISLATIVE DELEGATION, AND TO REPEAL ACTS 284 OF 1989 AND 251 OF 1991, RELATING TO THE GREENVILLE COUNTY SCHOOL DISTRICT AND ITS AUTHORIZED ANNUAL TAX MILLAGE.

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

There was no objection.

On motion of Senator MITCHELL, the Bill was committed to the Local Delegation.

H. 4613 -- Reps. Manly, Neilson, Keyserling, Waites, Whipper, Cromer, Glover, J.C. Johnson, Cobb-Hunter, McElveen, L. Elliott, Barber, Mattos, M.O. Alexander, D. Martin, Rogers, J. Bailey, Jaskwhich and Kempe: A CONCURRENT RESOLUTION ENDORSING THE GOALS AND OBJECTIVES OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (UNCED), OTHERWISE KNOWN AS THE EARTH SUMMIT, SCHEDULED FOR JUNE, 1992, IN BRAZIL, AND CALLING UPON THE PRESIDENT OF THE UNITED STATES TO JOIN HIS COUNTERPARTS FROM AROUND THE WORLD AT THE EARTH SUMMIT AND TO INSTRUCT UNITED STATES NEGOTIATORS TO WORK WITH OTHER NATIONAL DELEGATIONS IN CRAFTING AN INTERNATIONAL PROTOCOL ON GLOBAL CLIMATE CHANGE.

Senator NELL W. SMITH asked unanimous consent to take the Resolution up for immediate consideration.

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

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 resumed consideration of the Bill. The question being the motion to commit the Bill to the Committee on Judiciary.

Senator DRUMMOND argued contra to the motion.

Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator DRUMMOND argued contra to the motion.

At 3:12 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martschink Matthews
McConnell Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Smith, J.V. Smith, N.W.
Stilwell Thomas Williams
Wilson

The Senate resumed.

At 3:20 P.M., Senator LEVENTIS requested and was granted a leave of absence for Thursday, May 7, 1992.

Senator DRUMMOND continued arguing contra to the motion.

At 3:35 P.M., Senator HINSON made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator DRUMMOND argued contra to the motion.

At 3:40 P.M., Senator GIESE requested and was granted a leave of absence from 5:45-7:30 P.M. today.

Senator DRUMMOND argued contra to the motion.

At 4:10 P.M., Senator LEATHERMAN assumed the Chair.

Senator DRUMMOND argued contra to the motion.

At 4:12 P.M., Senator HINSON made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator THOMAS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Drummond
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Macaulay Martschink
Matthews McConnell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Rose Russell Saleeby
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Williams
Wilson

The Senate resumed.

At 4:20 P.M., Senator POPE requested and was granted a leave of absence beginning at 6:30 P.M. for the balance of the day.

Senator DRUMMOND argued contra to the motion.

At 4:20 P.M., Senator ROBERT W. HAYES, JR. moved under Rule 15A to set a time certain of 12:00 Noon on Thursday, May 7, 1992, to vote on the entire matter of S. 417.

Senator McCONNELL made a Parliamentary Inquiry as to whether or not the motion to set a time certain was applied to the entire Bill or to the motion to commit the Bill to the Committee on Judiciary.

The ACTING PRESIDENT stated that the motion was to set a time certain to vote on the entire matter.

Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not the question before the body was the motion to commit the Bill to the Committee on Judiciary.

The ACTING PRESIDENT stated that the pending question was the motion to commit the Bill to the Committee on Judiciary.

Senator McCONNELL made a Parliamentary Inquiry if the motion to set a time certain were adopted, would the Senate vote on the motion to commit the Bill or on the entire matter.

The ACTING PRESIDENT stated that the motion was to set a time certain to vote on the entire matter.

Senator THOMAS made a Parliamentary Inquiry as to whether or not the motion to set a time certain was to conclude the present question or to vote on the entire matter.

The ACTING PRESIDENT stated that the motion was to set a time certain to vote on the entire matter.

Senator WILLIAMS made a Parliamentary Inquiry as to whether or not the amendments to the Bill would be considered before the question of voting on the Bill.

The ACTING PRESIDENT stated that the amendments to the Bill would be taken up first.

Senator MULLINAX made a Parliamentary Inquiry as to whether the motion to commit the Bill would be before the body if the motion to set a time certain were adopted if it had not been previously disposed.

At 4:25 P.M., the PRESIDENT assumed the Chair.

Senator McCONNELL made a Parliamentary Inquiry as to whether or not the motion to set a time certain was made under Rule 15A.

Senator STILWELL spoke on the Inquiry.

The PRESIDENT stated that although Rule 15A was not specifically referred to when the motion was made, that the motion was made under the provisions of Rule 15A.

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

Bryan Courson Drummond
Hayes, R.W. Helmly Hinson
Holland Leatherman Macaulay
Moore Mullinax O'Dell
Patterson Pope Reese
Russell Smith, J.V. Smith, N.W.
Stilwell Thomas

Carmichael Cork Courtney
Fielding Giese Gilbert
Hinds Land Leventis
Martschink Matthews McConnell
Mitchell Passailaigue Peeler
Rose Saleeby Shealy
Williams Wilson

Having failed to receive the necessary vote, the motion to set a time certain failed.

Senator DRUMMOND argued contra to the motion.

Senator DRUMMOND moved to table the motion to recommit the Bill.

Senator DRUMMOND withdrew the motion to table.

Senator LAND argued in favor of the motion to commit the Bill to the Committee on Judiciary.

Senator LAND moved to continue the Bill.

Senator THOMAS made a Parliamentary Inquiry as to whether or not the motion to continue was a debatable motion.

The PRESIDENT stated that the motion to continue was not a debatable motion.

Senator LAND withdrew the motion to continue.

Senator DRUMMOND moved to table the motion to commit the Bill to the Committee on Judiciary.

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

Bryan Courson Drummond
Giese Hayes, R.W. Helmly
Hinson Leatherman Macaulay
Moore Pope Reese
Russell Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

Carmichael Cork Courtney
Fielding Gilbert Hinds
Land Leventis Matthews
McConnell Mitchell O'Dell
Passailaigue Patterson Peeler
Rose Saleeby Shealy
Williams

The Senate refused to table the motion to commit the Bill to the Committee on Judiciary. The question then was the motion to commit the Bill.

Senator MACAULAY argued contra to the motion.

At 5:35 P.M., Senator MATTHEWS requested and was granted a leave of absence beginning at 6:30 P.M. until 11:00 A.M. Thursday.

Senator MACAULAY continued arguing contra to the motion.

At 5:45 P.M., Senator LAND moved under Rule 15A to set a time certain of 12:00 Noon on Thursday, May 7, 1992, to vote on the motion to commit the Bill to the Committee on Judiciary.

Senator THOMAS made a Parliamentary Inquiry as to whether or not the motion to set a time certain was on the entire matter or the motion to commit the Bill to the Committee on Judiciary.

The PRESIDENT stated that the motion to set a time certain was on the motion to commit the Bill to the Committee on Judiciary.

Senator ROBERT W. HAYES, JR. made a Parliamentary Inquiry as to whether or not the motion under Rule 15A was an amendable motion.

The PRESIDENT stated that the motion was not amendable.

Senator ROBERT W. HAYES, JR. made a Parliamentary Inquiry as to whether or not a motion to set a time certain on the entire matter would be a higher motion than the motion to set a time certain on the motion to commit the Bill.

The PRESIDENT stated that it would not be a higher motion.

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

Carmichael Cork Courtney
Fielding Gilbert Hinds
Land Leventis Lourie
Martschink Matthews McConnell
Mitchell Passailaigue Patterson
Peeler Rose Saleeby
Shealy Williams

Bryan Drummond Giese
Hayes, R.W. Helmly Hinson
Leatherman Macaulay Moore
Mullinax O'Dell Pope
Reese Russell Smith, J.V.
Smith, N.W. Stilwell Thomas
Wilson

Courson (Present) Nay

Martin (Absent) Aye

Having failed to receive the necessary vote, the motion to set a time certain failed.

Senator GILBERT asked unanimous consent to make a motion that the Senate stand adjourned.

Senator THOMAS objected.

Senator MACAULAY continued arguing contra to the motion.

Senator WILLIAMS asked unanimous consent, with Senator MACAULAY retaining the floor, to make a motion that the Senate stand adjourned.

Senator THOMAS objected.

Senator MACAULAY continued arguing contra to the motion.

At 6:00 P.M., Senator MARTSCHINK requested and was granted a leave of absence from 7:00-9:00 P.M. tonight.

Senator MACAULAY continued arguing contra to the motion.

At 6:10 P.M., on motion of Senator LAND, with unanimous consent, Senator MACAULAY retaining the floor, the Senate receded from business not to exceed five minutes.

At 6:42 P.M., the Senate resumed.

Senator MACAULAY continued arguing contra to the motion.

At 6:47 P.M., Senator BRYAN moved under Rule 15A to set a time certain of 12:00 Noon on Wednesday, May 13, 1992, to vote on the entire matter of S. 417.

Senator FIELDING made a Parliamentary Inquiry as to whether or not any action could be taken on S. 417 if the motion to set a time certain for next Wednesday, May 13, 1992, were adopted.

The PRESIDENT stated that S. 417 could be taken up for consideration before Wednesday, May 13, 1992.

Senator HINDS made a Parliamentary Inquiry as to whether or not S. 417 would be the business of the Senate on Wednesday, May 13, 1992, if the motion to set a time certain were adopted.

The PRESIDENT stated the order for a time certain would be active if S. 417 were the business before the Senate at that time.

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

Bryan Drummond Giese
Hayes, R.W. Helmly Hinds
Hinson Macaulay McConnell
Mullinax O'Dell Pope
Reese Russell Smith, J.V.
Stilwell Thomas

Carmichael Cork Courtney
Fielding Gilbert Holland
Land Leventis Lourie
Martschink Matthews Mitchell
Moore Passailaigue Patterson
Peeler Rose Saleeby
Setzler Shealy Smith, N.W.
Williams Wilson

Courson (Present) Aye

Martin (Absent) Nay

Having failed to receive the necessary vote, the motion to set a time certain failed.

Senator MACAULAY argued contra to the motion.

At 6:51 P.M., Senator HINDS moved to invoke Rule 3b.

Senator THOMAS raised a Point of Order that the motion was out of order inasmuch as the member making the motion did not have the floor.

The PRESIDENT overruled the Point of Order.

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

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

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

Bryan Hayes, R.W. Hinds
Lourie Smith, N.W. Stilwell

Carmichael Cork Courson
Courtney Fielding Giese
Gilbert Helmly Holland
Land Leatherman Leventis
Macaulay Martschink Matthews
McConnell Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Thomas Williams Wilson

The Senate refused to invoke Rule 3b.

Senator MACAULAY argued contra to the motion.

At 7:00 P.M., Senator REESE requested and was granted a leave of absence until 8:00 P.M.

At 7:00 P.M., Senator SHEALY requested and was granted a leave of absence until 8:00 P.M.

Senator MACAULAY argued contra to the motion.

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

On motion of Senator HOLLAND, consideration was interrupted with Senator MACAULAY retaining the floor. The Bill remained in the status of Adjourned Debate.

MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate adjourned out of respect to the following individuals in recognition of their yeomen's work regarding reapportionment:

PERSONS INVOLVED IN SENATE REAPPORTIONMENT
Marshall B. Williams, Chairman, Senate Judiciary Committee

Senate Judiciary Subcommittee Members:

Senator Donald H. Holland, Chairman

Senator Edward E. Saleeby

Senator Glenn F. McConnell

Senator Thomas H. Pope, III

Senator John W. Matthews, Jr.

Senator H. Samuel Stilwell

Gedney M. Howe, III, Attorney Representing the Senate in Reapportionment Litigation
Frank B. Caggiano, Clerk of the Senate
Michael N. Couick, Counsel on Reapportionment
Debra D. Hammond, Senior Administrative Assistant to Senator Marshall B. Williams and Michael N. Couick
William Hogan Brown, Assistant Clerk and Assistant Director of Senate Research
David M. Barden, Senior Staff Attorney (Provided legal and computer assistance to the Senate)
Paula G. Benson, Staff Attorney, Senate Judiciary Committee (Provided research assistance to Redistricting Subcommittee)
Robert Coaxum, Research Assistant to the Clerk (Provided computer and statistical assistance to the Senate)
James E. Earley, Jr., Research Assistant to the Clerk (Provided computer and statistical assistance to the Senate)
Ella L. Krieger, Research Assistant to the Clerk (Provided computer and statistical assistance to the Senate)

At 7:25 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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