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 St. Paul to the Corinthians, (II Cor. 8:21,23 TEV):

"Our purpose is to do right, not only in the sight

of the Lord, but also in the sight of men...

As for Titus, he is my partner who works with me

to help you."
Let us pray.

Our Father, we realize... in our generation... that mankind has achieved so much in so many areas. We have discoveries in the laboratories, in space exploration... and technological advances. For the most part these accomplishments have depended upon teamwork.

We know that we... each of us... can make our best contribution to the people of South Carolina, by realizing our role as a partner in servanthood.

We know that in this life no one can be an island unto one's self. We know that our success as individuals is dependent on the success of each other.

We realize our interdependence upon everyone who is striving for that which is best for our people.

We remember St. Paul when he said, "As for Titus, he is my partner."

Amen.

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

May 19, 1992
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, Charleston County Voter Registration Board, with term to expire March 15, 1994:

Ms. Louise M. Hill, Room 125-Old Citadel, 15 Hutson Street, Charleston, South Carolina 29403

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Withdrawn and resubmitted May 6, 1992
Withdrawn and resubmitted May 7, 1992
Withdrawn and resubmitted May 19, 1992

Columbia, S.C., May 19, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 452 -- Senator Waddell: A BILL TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 19, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 14, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4215 -- Reps. Sheheen, Klapman, Boan and Kirsh: A BILL TO AMEND SECTION 11-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Finance and ordered placed on the Calendar.

There was no objection.

H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recalled from the Committee on Finance and ordered placed on the Calendar.

There was no objection.

H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.

On motion of Senator BRYAN, with unanimous consent, the Bill was recalled from the Committee on Finance and ordered placed on the Calendar.

There was no objection.

H. 4669 -- Reps. Wilkins, Whipper, Wilkes, Rama, A. Young, Hallman, Sharpe, Corning, Barber, Klapman, Wright, McAbee, Smith, Townsend, Shirley, Waites, Wofford, Quinn, Bruce, Tucker, Boan, McKay, Riser, Taylor, Koon, Rhoad, H. Brown, Littlejohn, Canty, Corbett, Mattos, Keegan, Byrd, Chamblee, McGinnis, Haskins, Harvin, Harrison, D. Elliott, Beasley, Lanford, Carnell, White, Gonzales, Fair, K. Burch, Stone, Shissias, Wells, Foster and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar.

H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.

The Bill was returned from the House as requested.

On prior motion of Senator HOLLAND, with unanimous consent, third reading of the Bill was reconsidered and the Bill was ordered placed on the Calendar.

H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.

On motion of Senator MOORE, with unanimous consent, the House was requested to return the Bill.

There was no objection.

Senator WILLIAMS rose to a Point of Personal Privilege.

The following were introduced:

S. 1562 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR THE SECOND, FOURTH, AND SIXTH CONGRESSIONAL DISTRICTS TO FILL THE CURRENT TERMS WHICH EXPIRE JUNE 30, 1992.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 27, 1992, for the purpose of electing persons to serve on the State Health and Human Services Finance Commission for the Second, Fourth, and Sixth Congressional Districts to fill the current terms which expire June 30, 1992.

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

S. 1563 -- Senators Passailaigue, Washington, Matthews, Gilbert, Helmly, Patterson and Fielding: A CONCURRENT RESOLUTION EXPRESSING THE DESIRE OF THE GENERAL ASSEMBLY TO RESCIND THE INTENT TO AWARD THE TITLE XIX MEDICAL TRANSPORTATION SERVICES CONTRACT ISSUED FOR BEAUFORT, CALHOUN, CHEROKEE, CHARLESTON, COLLETON, DORCHESTER, HAMPTON, JASPER, ORANGEBURG, AND LEXINGTON COUNTIES AND BEGIN A NEW SOLICITATION FOR THIS CONTRACT.

Whereas, the General Assembly finds that certain preferences for South Carolina businesses seeking to do business with the State and its political subdivisions are beneficial to private economic development and increase the tax base of this State; and

Whereas, prior General Assemblies have also recognized such preferences as sound policy by enacting legislation embodying these goals and principals; and

Whereas, it is acknowledged that the lowest bid does not always provide the best value for the tax dollar expended, all other things being equal, the General Assembly finds that the price should be the determining factor in awarding contracts for goods and services; and

Whereas, it is imperative that the specifications for requests for proposals provide terms which allow for an open and competitive process; and

Whereas, it is essential that the evaluation committee provide appropriate weight to resident vendors who have experience in providing goods and services to the citizens of this State; and

Whereas, the General Assembly finds that such consideration was not afforded to the vendors who submitted proposals for the Title XIX Medical Transportation awarded for transportation services in Beaufort, Calhoun, Charleston, Colleton, Dorchester, Hampton, Jasper, and Orangeburg counties. Now, therefore,

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

That it is the desire of the General Assembly that the Intent to Award the Title XIX Medical Transportation Contract issued for transportation services in Beaufort, Calhoun, Cherokee, Charleston, Colleton, Dorchester, Hampton, Jasper, Orangeburg, and Lexington counties be rescinded and that a new solicitation be instituted. Further, it is the desire of the General Assembly that the evaluation committee charged with the responsibility of reviewing the proposals be reconstituted so that representatives of the Health and Human Services Finance Commission constitute a majority of the committee rather than allowing representatives of the subcontractor to comprise a majority of the committee.

Be it further resolved that copies of this resolution shall be sent to each member of the Health and Human Services Finance Commission and its executive director.

Senator PASSAILAIGUE spoke on the Resolution.

Referred to the Committee on Transportation.

S. 1564 -- Senators Mitchell, Thomas, J. Verne Smith, Bryan and Stilwell: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY WOODS OF TAYLORS UPON BEING NAMED SOUTH CAROLINA PRINCIPAL OF THE YEAR.

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

S. 1565 -- Senators Nell W. Smith and Thomas: A SENATE RESOLUTION TO RECOGNIZE AND EXPRESS SINCERE APPRECIATION TO JOE A. YOUNG OF EASLEY, SOUTH CAROLINA, FOR HIS SERVICE TO THE CITIZENS OF HIS COMMUNITY AS WELL AS ACROSS THE STATE OF SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 1566 -- Senator Holland: A CONCURRENT RESOLUTION TO REQUEST THE KERSHAW COUNTY COUNCIL TO NAME THE BUILDING WHICH HOUSES THE KERSHAW COUNTY SHERIFF'S DEPARTMENT AT 609 LAFAYETTE AVENUE IN CAMDEN AS THE "DEBRUHL BUILDING".

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

S. 1567 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY W. BREVARD OF BERKELEY COUNTY AS HE COMPLETES HIS SIXTH YEAR OF SERVICE ON THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE AND TO THANK HIM FOR HIS MANY CONTRIBUTIONS IN THE FIELD OF EDUCATION.

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

H. 4830 -- Rep. Hallman: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL TO FILL THE UNEXPIRED TERM OF THE LATE WILLIAM R. RISHER.

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 27, 1992, for the purpose of electing a member of the Board of Visitors of The Citadel to fill the unexpired term of the late William R. Risher.

On motion of Senator MULLINAX, with unanimous consent, the Resolution was placed on the Calendar.

H. 4853 -- Reps. L. Martin, Phillips, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHEN DEVELOPING THE STATE'S PLAN TO REMOVE NONCONFORMING OUTDOOR ADVERTISING SIGNS PURSUANT TO FEDERAL LAW TO FIRST CONCENTRATE ITS EFFORTS ON NONCONFORMING SIGNS ON INTERSTATE HIGHWAYS AND SCENIC HIGHWAYS AND NOT ON OTHER ROADS AND HIGHWAYS TO WHICH THE LAW APPLIES.

Whereas, under the federal Highway Beautification Act which was passed in 1965, outdoor advertising signs which were lawfully erected but do not conform to the requirements of the Highway Beautification Act are required to be removed to the extent that federal funds are made available to participate in paying the costs of just compensation to the sign owner; and

Whereas, in 1991, the Congress enacted the Intermodal Surface Transportation Efficiency Act which provides funding for the federal share of just compensation for the acquisition of these nonconforming signs and as a result South Carolina and the other states are now required to purchase nonconforming signs to comply with the Highway Beautification Act of 1965 or risk the loss of certain federal highway funds; and

Whereas, the states are now required to submit a state plan to the federal highway administration detailing the manner in which and the timetable under which these nonconforming signs shall be removed; and

Whereas, the members of the General Assembly, by this resolution, express their belief that the funds available for the purchase of nonconforming signs must first be used for those nonconforming signs on interstate and scenic highways before such funds are used to purchase nonconforming signs on other highways to which the Highway Beautification Act applies; and

Whereas, the members of the General Assembly, by this resolution, hereby direct the Department of Highways and Public Transportation in submitting South Carolina's plan to the Federal Highway Administration to incorporate in this plan the directions to it contained in this resolution. Now, therefore,

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

That the members of the General Assembly hereby direct the Department of Highways and Public Transportation when developing the state's plan to remove nonconforming outdoor advertising signs pursuant to federal law to first concentrate its efforts on nonconforming signs on interstate highways and scenic highways and not on other roads and highways to which the law applies.

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.

On motion of Senator MOORE, with unanimous consent, the Resolution was ordered placed on the Calendar.

H. 4864 -- Rep. White: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. RUBY JONES, SUPERVISOR OF BUILDING JANITORIAL SERVICES FOR THE STATE HOUSE, FOR HER LIFETIME OF DEDICATED PUBLIC SERVICE AND TO WISH HER WELL IN HER RETIREMENT.

Whereas, Mrs. Ruby Jones, Supervisor of Building Janitorial Services for the State House, is retiring June 30, 1992; and

Whereas, Mrs. Ruby, as she is affectionately called, started her career with Mr. Donald Russell and family in 1952; and

Whereas, she stayed with the family during Mr. Russell's Governorship (1963-65) and remained with Governor Russell in Washington, D. C., when he was appointed as a Federal Judge in 1965; and

Whereas, Mrs. Ruby returned to Columbia in 1966 and joined the staff of General Services' Buildings and Grounds; and

Whereas, in 1974, the South Carolina State House came under her jurisdiction; and

Whereas, Mrs. Ruby has meticulously cared for our state's treasure and its employees under Governors John West, James Edwards, Richard Riley, and Carroll Campbell; and

Whereas, she has been able to successfully work with the legislature during their January to June session; and

Whereas, in addition to seeing to the needs of the State House and its staff, Mrs. Ruby reared three children, two sons and a daughter; and

Whereas, she is also the proud grandmother of two and great-grandmother of one; and

Whereas, Mrs. Ruby is a member of the Greater St. Paul A.M.E. Church of West Columbia where she is President of the Stewardess Board, a member of the Trustee Board, and the Church Treasurer; and

Whereas, she is also kept busy with her duties as President of the Mass Choir, member of the Local Missionary Society, and the Columbia Conference Missionary Society; and

Whereas, Mrs. Ruby is adored by all who know her; she is never too busy to lend an ear or to say a few kind words to brighten someone's day; and

Whereas, the General Assembly is pleased to have this opportunity to recognize Mrs. Ruby Jones for her lifetime of public service. Now, therefore,

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

That the General Assembly of the State of South Carolina recognizes Mrs. Ruby Jones, Supervisor of Building Janitorial Services for the State House, for her lifetime of dedicated public service and wishes her well in her retirement.

Be it further resolved that a copy of this resolution be given to Representative Juanita White who will present it to Mrs. Ruby at her retirement luncheon May 27, 1992.

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

H. 4866 -- Reps. Scott, J. Brown, Byrd, Taylor, Rogers, Waites, Cromer, Shissias, Corning, Harrison and Quinn: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO JAMES L. SOLOMON, JR. OF COLUMBIA FOR HIS DISTINGUISHED SERVICE AS COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES AND TO EXTEND BEST WISHES FOR HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

Whereas, James L. Solomon, Jr. was born in McDonough, Georgia and educated in public schools in Atlanta; and

Whereas, he served in the United States Air Force for six years and upon discharge married and entered Morris College; and

Whereas, he received his Bachelor of Science degree in chemistry and continued his education at Atlanta University receiving a Master of Science degree in mathematics; and

Whereas, he returned to South Carolina as an instructor of mathematics, later becoming Division Chairman of Mathematics and Natural Sciences, Acting Academic Dean, and Vice-President for Institutional Planning and Research at his alma mater; and

Whereas, in 1973, he became Executive Director of the South Carolina Higher Education Facilities Commission which merged with the South Carolina Commission on Higher Education and where he served as Coordinator of Facilities and Planning; and

Whereas, in 1983, he was elected Commissioner of the South Carolina Department of Social Services; and

Whereas, Mr. Solomon has led that agency through varied and trying times; and

Whereas, Mr. Solomon has dedicated his life to trying to improve the conditions for South Carolina's disadvantaged; and

Whereas, he has served on numerous community service boards and councils, including the Board of Brothers and Sisters, the Columbia Urban League, Richland County School District 1, Richland County Council, South Carolina Commission on the Future, the Board of the United Way of the Midlands, and the American Public Welfare Association; and

Whereas, Mr. Solomon is retiring as Commissioner of the Department of Social Services. Now, therefore,

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

That the members of the General Assembly express appreciation to James L. Solomon, Jr. for his distinguished service as Commissioner of the South Carolina Department of Social Services and extend best wishes for happiness and success in his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to Mr. Solomon.

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

H. 4867 -- Reps. Cato, M.O. Alexander, Anderson, Baker, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF OUR FORMER COLLEAGUE, JOHN WOOD OF TIGERVILLE IN GREENVILLE COUNTY.

Whereas, John Wood was a lifelong resident of Tigerville in Greenville County, born on May 31, 1906; and

Whereas, Mr. Wood graduated from North Greenville Academy and Furman University; and

Whereas, he served in World War II in the Army Air Force Technical Training Command and Engineers in the China, Burma, and India theater; and

Whereas, he also served as a Civil Service career officer, working with the Veteran's Administration after the war; and

Whereas, Mr. Wood was the principal and superintendent of Landrum High School for ten years; and

Whereas, he also taught at Blue Ridge High School, where he was awarded the Star Teacher Award; and

Whereas, Mr. Wood was elected to the House of Representatives to represent District 17 of Greenville County; and

Whereas, in 1980, he retired from the House after three terms; and

Whereas, during his tenure in the House of Representatives, he was a member of the Crime Study Committee and the House Democratic Majority Coordinating Committee; and

Whereas, Mr. Wood was called the father of the victim's restitution law which allows victims to receive restitution for their property from convicted criminals; and

Whereas, Mr. Wood was a conservative but honest man and a very strong representative of his constituents; and

Whereas, Mr. Wood was active in other activities and at age eighty-five had lived a full life. Now, therefore,

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

That the members of the General Assembly express their sympathy to the family of their former colleague, John Wood of Tigerville.

Be it further resolved that a copy of this resolution be forwarded to Mr. Wood's family.

Senator J. VERNE SMITH moved that the Concurrent Resolution be adopted.

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

Bryan Carmichael Cork
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 Concurrent Resolution was adopted, ordered returned to the House.

H. 4872 -- Reps. Quinn, J. Brown, Rogers, Harrison, Scott, Taylor, Canty, Byrd, Waites, Corning and Shissias: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. JOAN FISHER BROOME OF RICHLAND COUNTY UPON HER RETIREMENT FROM THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION WHERE SHE HAS WORKED FOR THIRTY-THREE YEARS AND TO WISH HER WELL AS SHE ENJOYS HER YEARS OF RETIREMENT.

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

H. 4845 -- Rep. Baxley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, AND AN ACT OF 1992 BEARING RATIFICATION NUMBER 395, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE THAT THE NUMBER OF BOARD MEMBERS TAKES EFFECT BY EXTENDING THE EXISTING BOARD COMPOSITION FOR TWO YEARS, UNTIL JANUARY 1, 1995.

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

Senator LOURIE, from the Committee on Judiciary, submitted a majority favorable with amendment, and Senator STILWELL a minority unfavorable report on:

S. 1431 -- Senators Lourie, McConnell, Thomas, Mitchell, J. Verne Smith, Holland, Courson, Washington, Wilson and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.

Ordered for consideration tomorrow.

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

H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: A BILL TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY ONLY SERVE ONCE WITHIN FIVE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Judiciary, submitted a favorable report on:

H. 3607 -- Reps. Waites, Kinon, Corning, Quinn, Keyserling, Beasley, Burriss, Kempe, McGinnis, Rogers, Huff, Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-725 SO AS TO PROVIDE THAT WHERE GENERAL SESSIONS FINES OR RESTITUTION PAYMENTS ARE PAID THROUGH INSTALLMENTS, A COLLECTION COST CHARGE OF THREE PERCENT OF THE PAYMENT MUST ALSO BE COLLECTED BY THE CLERK OF COURT AND TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT TO CREDIT OF THE COUNTY GENERAL FUND.

Ordered for consideration tomorrow.

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

H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

Ordered for consideration tomorrow.

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

H. 4167 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.

Ordered for consideration tomorrow.

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

H. 4233 -- Reps. McGinnis, Neilson and Baxley: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO DELETE THE REQUIREMENTS PERTAINING TO REIMBURSEMENT FOR MILEAGE, INSURANCE BENEFITS, AND PER DIEM.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 4297 -- Reps. Phillips and Farr: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 4324 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS, SO AS TO CHANGE THE TIME PERIOD FOR OPERATION OF MOTOR VEHICLES.

Ordered for consideration tomorrow.

Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:

H. 4360 -- Reps. Wilkins, Harrison and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-247 SO AS TO ESTABLISH A STATEWIDE AUTOMATED CHILD SUPPORT ENFORCEMENT SYSTEM BY PROVIDING THAT COUNTY CLERKS OF COURT PROCESS CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT BY USING THE STATEWIDE AUTOMATED SYSTEM DEVELOPED IN CONJUNCTION WITH THE CLERKS OF COURT AND IMPLEMENTED THROUGH THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 4422 -- Rep. Farr: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLES, SO AS TO PROVIDE THAT SADDLE MOUNTS AND FULL MOUNTS MUST NOT EXCEED SEVENTY-FIVE FEET.

Ordered for consideration tomorrow.

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

H. 4512 -- Reps. Chamblee, Waldrop, Shirley, Carnell, McAbee and Tucker: A BILL TO AMEND SECTION 14-7-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM JURY SERVICE, SO AS TO PROVIDE THAT JURORS ARE EXCUSED UPON TELEPHONE CONFIRMATION OF EXEMPT STATUS.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 4627 -- Reps. McAbee, Anderson, Clyborne, Wilkins, M.O. Alexander, Baker, Chamblee, Mattos, Sharpe, L. Martin, Marchbanks, Smith, Shirley, Ross, Vaughn, Jaskwhich, P. Harris, Tucker and Haskins: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE CONGRESS OF THE UNITED STATES, AND THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF INTERIOR TO PLAN AND CONSTRUCT AN EXTENSION OF THE BLUE RIDGE PARKWAY INTO SOUTH CAROLINA; TO REQUEST THE STATE OF NORTH CAROLINA TO COOPERATE IN SUCH EFFORTS; AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO PLAN THE PROJECT AND COOPERATE IN ITS IMPLEMENTATION.

Ordered for consideration tomorrow.

Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:

H. 4755 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

S. 446 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA PRODUCTIVITY AWARD TO RECOGNIZE MANUFACTURING COMPANIES, SERVICE COMPANIES, AND THE SMALL BUSINESSES OF SOUTH CAROLINA FOR THEIR CONTRIBUTIONS TO THE STATE ECONOMY THROUGH IMPROVEMENTS IN PRODUCTIVITY AND THE QUALITY OF THE WORK ENVIRONMENT.

Returned with concurrence.

Received as information.

S. 1557 -- Senators Shealy and Martschink: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. ORA RIDDLE SHEALY OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 1559 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. BILLIE S. FLEMING OF MANNING WHO DIED FRIDAY, MAY 8, 1992.

Returned with concurrence.

Received as information.

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

Senator THOMAS objected to consideration of any Bill on the statewide uncontested Calendar.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.

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

Senator THOMAS moved to carry over the Bill.

Senator LAND was recognized to speak on the motion.

Senator THOMAS raised a Point of Order that the motion to carry over the Bill was a nondebatable motion.

The PRESIDENT sustained the Point of Order.

Senator McCONNELL moved to table the motion to carry over the Bill.

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

Fielding Gilbert Hinds
Holland Land Leventis
Macaulay McConnell Mitchell
Patterson Saleeby Smith, N.W.
Washington Williams

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinson
Lourie Martschink McGill
Moore Mullinax O'Dell
Passailaigue Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

The Senate refused to table the motion. The question then was the motion to carry over the Bill.

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

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinson
Lourie Martschink McGill
Moore Mullinax O'Dell
Passailaigue Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

Fielding Gilbert Hinds
Holland Land Leventis
Macaulay Martin Matthews
McConnell Mitchell Patterson
Saleeby Smith, N.W. Washington
Williams

The Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.

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

A roll call vote was ordered.

Senator MOORE explained the Bill.

Senator SETZLER raised a Point of Order that the Speaker's remarks were out of order inasmuch as a roll call had been ordered.

The PRESIDENT sustained the Point of Order.

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

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

Cork Leventis Passailaigue
Washington

The Bill was made a Special Order.

H. 4331 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".

Senator COURSON moved to recall the Bill from the Committee on Judiciary.

Senator LAND was recognized.

Senator THOMAS raised a Point of Order that the motion to recall was nondebatable.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator LAND appealed the Ruling of the PRESIDENT.

Senator LAND spoke on the motion to appeal.

Senator THOMAS raised a Point of Order that the Speaker's remarks were out of order inasmuch as the appeal was not subject to debate.

The PRESIDENT overruled the Point of Order.

At 12:09 P.M., Senator THOMAS moved under Rule 15A to set a time certain of 12:20 P.M. today to vote on the motion to appeal.

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

Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Helmly Peeler Pope
Russell Setzler Stilwell
Thomas

Cork Fielding Gilbert
Hinds Hinson Holland
Land Leventis Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Reese
Rose Shealy Smith, J.V.
Smith, N.W. Washington Williams
Wilson

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

The question then was whether the Ruling of the PRESIDENT should be upheld.

At 12:15 P.M., Senator MARTIN assumed the Chair.

Senator LAND spoke on the appeal.

At 12:37 P.M., Senator MOORE assumed the Chair.

Senator LAND continued speaking on the appeal.

Senator THOMAS raised a Point of Order under Jefferson's Manual and Mason's that, although the appeal was subject to debate, the debate should be for a reasonable period of time.

Senators McCONNELL and LAND spoke on the Point of Order.

Senator LAND continued speaking on the appeal.

Senator POPE made a Parliamentary Inquiry as to whether a motion to table the appeal had been made.

The ACTING PRESIDENT stated that no motion to table had been made.

Senator POPE moved to table the motion to appeal the Ruling of the PRESIDENT.

Senator McCONNELL raised a Point of Order under Rule 14 that the motion to table was out of order inasmuch as the Senator making the motion did not have the floor.

The ACTING PRESIDENT sustained the Point of Order.

Senator LAND continued speaking on the appeal.

Senator POPE raised a Point of Order under Section 6.28 of Jefferson's Manual that the remarks should be of a reasonable duration.

Senator THOMAS appealed the Ruling by the ACTING PRESIDENT sustaining the Point of Order that the motion to table was out of order.

Senator McCONNELL raised a Point of Order that a second appeal could not be acted upon before disposition of a first appeal which was pending.

Senator McCONNELL spoke on the Point of Order.

The ACTING PRESIDENT took the Point of Order under advisement.

Senator LAND continued speaking on the appeal of the Ruling by the PRESIDENT.

Senator THOMAS raised a Point of Order that the Senator could not read directly from material at the podium without the leave of the Senate.

The ACTING PRESIDENT sustained the Point of Order.

Senator LAND continued speaking on the appeal of the Ruling by the PRESIDENT.

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

At 1:03 P.M., Senator LAND moved that the Senate stand adjourned.

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

Carmichael Cork Fielding
Gilbert Hinds Hinson
Land Leventis Macaulay
Matthews McConnell Mitchell
Mullinax Patterson Reese
Saleeby Smith, N.W. Washington
Williams

Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Helmly Martschink McGill
Moore O'Dell Passailaigue
Peeler Pope Rose
Russell Setzler Shealy
Smith, J.V. Stilwell Thomas
Wilson

The Senate refused to adjourn.

Senator LAND was recognized to speak on the appeal.

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that the Senate could not consider a second appeal of a Ruling by the ACTING PRESIDENT without first disposing of a first appeal of a Ruling by the PRESIDENT.

The ACTING PRESIDENT overruled the Point of Order raised by Senator McCONNELL and stated that the second appeal in this instance related directly to the appeal by Senator LAND and, therefore, should be disposed before the original appeal. The ACTING PRESIDENT stated this ruling was particular to the facts and circumstances of this matter and, therefore, should not serve as precedent.

The question then was whether the Ruling by the ACTING PRESIDENT should be upheld.

At 11:30 A.M., Senator COURSON requested and was granted a leave of absence for Thursday, May 21, 1992, beginning at 12:00 Noon, until Tuesday, May 26, 1992, at 12:00 Noon.

At 1:40 P.M., Senator MITCHELL requested and was granted a leave of absence beginning at 1:45 P.M. today until Thursday, May 21, 1992.

At 1:15 P.M., Senator HINDS assumed the Chair.

Senator THOMAS spoke on the appeal.

Senator BRYAN asked unanimous consent, with Senator THOMAS retaining the floor, to make a motion that the Senate proceed to a Call of the local and statewide uncontested Calendar and, upon conclusion, the Senate would revert to the instant matter.

Senator THOMAS objected.

Senator THOMAS continued speaking on the appeal.

Senator COURSON asked unanimous consent to make a motion to withdraw the motion to recall H. 4331 from the Committee on Judiciary.

Senator LAND objected.

Senator THOMAS continued speaking on the appeal.

At 1:38 P.M., on motion of Senator LAND, with Senator THOMAS retaining the floor, the Senate receded from business not to exceed five minutes.

At 1:50 P.M., the Senate resumed.

At 1:50 P.M., Senator MOORE assumed the Chair.

Senator LAND asked unanimous consent to make a motion to withdraw the appeal by Senator LAND; withdraw the appeal by Senator THOMAS; withdraw the motion by Senator COURSON to recall H. 4311 from the Committee on Judiciary; dispense with the remainder of the Motion Period; and, proceed to a Call of the Local and Statewide Uncontested Calendar, and, upon completion of the Calendar, proceed to a consideration of S. 417.

There was no objection.

Senator WILLIAMS, with unanimous consent, was granted leave to address remarks to the body regarding the work of the Committee of Conference on H. 3044.

At 2:05 P.M., the PRESIDENT assumed the Chair.

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

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

At 2:15 P.M., Senator MATTHEWS requested and was granted a leave of absence beginning at 2:30 P.M. until Thursday, May 21, 1992.

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

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

H. 4767 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4799 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93.

H. 4790 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.

H. 4754 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO MODIFICATIONS AND CLARIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1406, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4525 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following House Bills were read the third time, passed and ordered returned to the House with amendments:

H. 4659 -- Reps. Townsend, P. Harris, Shirley, Chamblee and Cooper: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REVISE THE FOUR AREAS FROM WHICH THE TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT NO. 2 ARE ELECTED.

H. 4508 -- Reps. Carnell and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AND TO PROVIDE THAT IF A CHECK IS DISHONORED FOR ANY REASON, THIS CONSTITUTES GROUNDS FOR THE COMMISSION TO REVOKE THE LICENSE OR PERMIT ISSUED AND TO REQUIRE ANY FURTHER PAYMENTS FROM THAT APPLICANT TO BE IN CASH OR BY CERTIFIED CHECK.

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

Senator WILLIAMS proposed the following amendment (N05\8393.BD), which was adopted:

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

/SECTION __. Section 61-3-1020 of the 1976 Code, as last amended by Act 39 of 1991, is further amended to read:

"Section 61-3-1020. Subject to Section 61-3-1030 no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or manufacturer producer in packaging provided by the manufacturer producer. Retail dealers also may sell nonalcoholic beverages packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are packaged together by the manufacturer producer."/

Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the amendment.

Senator MITCHELL proposed the following amendment (N05\8620.BD), which was adopted:

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

/SECTION __. Section 61-9-320(6) of the 1976 Code is deleted, and the following is inserted in its place:

"(6) The location of the proposed place of business of the applicant is in the opinion of the Alcoholic Beverage Control Commission a proper one. If the proposed place of business is within three hundred feet of residences, schools, playgrounds, or churches, the applicant shall establish by clear and convincing evidence that the location is proper. This item does not apply to locations licensed before the effective date of this item;"/ Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the amendment.

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

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

S. 895 -- Senators Nell W. Smith and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.

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

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

H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.

S. 1475 -- Senator Moore: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO REVISE THE DEFINITION OF YOUTHFUL OFFENDER TO INCLUDE THOSE WHO ARE UNDER SEVENTEEN YEARS OF AGE AND WHO HAVE BEEN BOUND OVER TO GENERAL SESSIONS COURT.

S. 1531 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.

H. 3027 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO PROHIBIT THE CAPTURING OR REMOVAL FROM THE WATERS OF THIS STATE AND THE DISPLAY OF A MAMMAL OF THE ORDER CETACEA (DOLPHINS AND WHALES) AND TO PRESCRIBE PENALTIES FOR VIOLATIONS.

H. 4127 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-51-41 AND 15-51-42 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR OBTAINING COURT APPROVAL OF ANY SETTLEMENT OF WRONGFUL DEATH OR SURVIVAL ACTIONS; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE JURISDICTION OF THE SOUTH CAROLINA PROBATE COURT, SO AS TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT TO APPROVE SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS AS PROVIDED IN SECTIONS 15-51-41 AND 15-51-42; AND TO AMEND SECTION 62-1-403, RELATING TO PROCEEDINGS, PLEADINGS, AND NOTICE IN THE PROBATE COURT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO WRONGFUL DEATH OR SURVIVAL ACTIONS.

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

Senator STILWELL proposed the following amendment (JUD4127.003), which was adopted:

Amend the committee report, as and if amended, by adding an appropriately numbered section to read:

/SECTION . Chapter 7 of Title 8 of the 1976 Code is amended by adding:

"Section 62-7-112. A revocable inter vivos trust may be created either by declaration of trust or by a transfer of property and is not rendered invalid because the trust creator retains substantial control over the trust, including, but not limited to, (1) a right of revocation, (2) substantial beneficial interests in the trust, or (3) the power to control investments or reinvestment. Nothing herein, however, shall prevent a finding that a revocable inter vivos trust, enforceable for other purposes, is illusory for purposes of determining a spouse's elective share rights under Section 62-2-201 et seq. A finding that a revocable inter vivos trust is illusory and thus invalid for purposes of determining a spouse's elective share rights under Section 62-2-201 et seq. shall not render that revocable inter vivos trust invalid, but would allow inclusion of the trust assets as part of the probate estate of the trust creator only for the purpose of calculating the elective share and would make available the trust assets for satisfaction of the elective share only to the extent necessary under Section 62-2-207."/

Renumber sections to conform.

Amend title to conform.

Senator STILWELL explained the amendment.

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

H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.

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

The amendment proposed by the Committee on Corrections and Penology (BR1\2756.AC) was adopted as follows:

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

/SECTION 1. Section 24-13-650 of the 1976 Code is amended to read:

"Section 24-13-650. No offender committed to incarceration under Section 16-1-60 of the 1976 Code can may be released back into the community in which he the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program."

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

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY 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.

H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (N05\8571.BD), which was previously proposed by Senator LAND:

Amend the bill, as and if amended, Section 61-3-490(A), SECTION 1, Section 61-5-50(4), SECTION 2, and 61-9-320(7), SECTION 3, after /The commission shall determine which newspapers meet the requirements of this section based on available circulation figures./ by inserting /However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section./

Amend title to conform.

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

The amendment was adopted.

Senator MITCHELL proposed the following Amendment No. 2 (N05\8595.BD):

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

/SECTION __. Section 61-9-320(6) of the 1976 Code is amended to read:

"(6) The location of the proposed place of business of the applicant is in the opinion of the Alcoholic Beverage Control Commission a proper one; provided, that the Commission may consider, among other factors, as indications of unsuitable location, the proximity to. However, if the proposed place of business is within three hundred feet of residences, schools, playgrounds, and or churches, but this proviso shall the applicant shall establish by clear and convincing evidence that the location is proper. This item does not apply to locations licensed prior to before the effective date of this proviso item;"/

Renumber sections to conform.

Amend title to conform.

On motion of Senator BRYAN, with unanimous consent, Amendment No. 2 was carried over.

Senator ROSE proposed the following Amendment No. 3 (RES4291.01), which was adopted:

Amend the committee report, as and if amended, page 3, Section 61-9-320 of SECTION 3, by striking lines 21 through 26 and inserting in lieu thereof the following:

/"Section 61-9-320. No permit authorizing the sale of beer or wine may be issued unless:

(1) The applicant, any partner or co-shareholder of the applicant, and any each agent, or employee or and servant of the applicant to be employed on the licensed premises, is are of good moral character; ./

Renumber sections to conform.

Amend title to conform.

Senator ROSE explained the amendment.

The amendment was adopted.

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

H. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.

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

Senator BRYAN proposed the following amendment (JUD4367.003), which was adopted as follows:

Amend the committee report, as and if amended, page 4367-2, line 37, in Section 61-3-1020, by inserting after the word /beer/ the following:
/or wine/ .

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment proposed by the Committee on Judiciary (JUD4367.002) was adopted as follows:

Amend the bill, as and if amended, page 2, line 31, in Section 61-3-1000, as contained in SECTION 1, by inserting after the word /sign./ a new paragraph to read:

/A retail dealer may place a reasonable number of signs on his licensed premise indicating the designated parking for his licensed premise. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words `ABC Package Store Parking' in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space./ .

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

/SECTION . The 1976 Code is amended by adding:

"Section 61-7-305. It is unlawful for a wholesale or retail dealer to redeem proof-of-purchase certificates for any promotional item. However, this subsection does not preclude a producer from redeeming by mail proof-of-purchase certificates for nonalcoholic promotional items."

SECTION . Section 61-3-1010 of the 1976 Code is amended to read:

"Section 61-3-1010. Every retail dealer shall display all retail prices on the shelf under each brand and bottle size. No bottles of alcohol alcoholic liquors or no packages containing alcoholic liquors shall may be displayed in the front or windows of the store or place of business of any a retail dealer. However, a retailer may display signs within the store or place of business with the price and bottle size in letters of any size."

SECTION . Section 61-3-1020 of the 1976 Code, as last amended by Act 39 of 1991, is further amended to read:

"Section 61-3-1020. Subject to Section 61-3-1030, no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store.

However, retail dealers may sell drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or manufacturer producer in packaging provided by the manufacturer producer. Retail dealers also may sell nonalcoholic beverages, other than beer, packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are in sealed packages and are packaged together by the manufacturer alcoholic liquor producer at its place of business."/

Renumber sections to conform.

Amend title to conform.

Senators ROBERT W. HAYES, JR. and THOMAS proposed the following amendment (N05\8630.BD), which was adopted:

Amend the bill, as and if amended, Section 61-3-1010, by adding at the end:

/These signs must not be visible from outside the store or place of business./

Amend title to conform.

Senator ROBERT W. HAYES, JR. 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 Resolution having been read the second time were passed and ordered to a third reading:

S. 1561 -- Senators Rose and Matthews: A BILL TO PROVIDE THAT THE BOARD OF EDUCATION OF DORCHESTER COUNTY IS ABOLISHED UPON THE ELECTION AND QUALIFICATION OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 AND PROVIDE THAT UPON DISSOLUTION, THE DUTIES AND RESPONSIBILITIES OF THE BOARD ARE DEVOLVED ON THE ELECTED BOARD OF TRUSTEES OF THE RESPECTIVE SCHOOL DISTRICTS IN DORCHESTER COUNTY; AND TO PROVIDE THAT UNTIL THE ELECTION AND QUALIFICATION OF THE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4, THE BOARD IS PROHIBITED FROM INCURRING ANY TYPE OF INDEBTEDNESS OR ENTERING INTO ANY TYPE OF LEASE-BACK OR LEASE-PURCHASE AGREEMENT INVOLVING REAL PROPERTY WITH A PUBLIC OR PRIVATE ENTITY WHERE THE DISTRICT IS THE LESSEE.

(By prior motion of Senator ROSE)

H. 4085 -- Rep. Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1991, AND ENDING JUNE 30, 1992.

On motion of Senator CARMICHAEL, S. 4085 was ordered to receive a third reading on Thursday, May 21, 1992.

S. 1549 -- Senator Carmichael: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO BORROW AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY THOUSAND DOLLARS TO BE USED FOR SCHOOL CONSTRUCTION IN DILLON COUNTY SCHOOL DISTRICT 3 AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.

On motion of Senator CARMICHAEL, S. 1549 was ordered to receive a third reading on Thursday, May 21, 1992.

H. 4737 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.

On motion of Senator CORK, with unanimous consent, H. 4737 was ordered to receive a third reading on Thursday, May 21, 1992.

H. 3868 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.

On motion of Senator HOLLAND, with unanimous consent, H. 3868 was ordered to receive a third reading on Thursday, May 21, 1992.

H. 3869 -- Rep. Snow: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS.

On motion of Senator HOLLAND, with unanimous consent, H. 3869 was ordered to receive a third reading on Thursday, May 21, 1992.

S. 891 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.

On motion of Senator LAND, S. 891 was ordered to receive a third reading on Thursday, May 21, 1992.

H. 4489 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.

On motion of Senator LAND, H. 4489 was ordered to receive a third reading on Thursday, May 21, 1992.

H. 4782 -- Rep. Gentry: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, THE GOVERNING BODY OF THE SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000), TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

On motion of Senator POPE, H. 4782 was ordered to receive a third reading on Thursday, May 21, 1992.

H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.

Senator HOLLAND asked unanimous consent to give the Bill a second reading with notice of general amendments.

Senator J. VERNE SMITH objected.

H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.

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

H. 4549 -- Rep. Farr: A BILL TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.

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

H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.

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

H. 4640 -- Rep. Bennett: A BILL TO AMEND SECTION 50-3-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY WILDLIFE CONSERVATION OFFICERS, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF THE TERMS.

Senator HOLLAND explained the Bill.

H. 4382 -- Rep. Koon: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTIONS OF MR. MARTY HILYER OF LEXINGTON COUNTY IN SAVING THE LIFE OF AN ABANDONED INFANT LEFT IN A DUMPSTER IN RICHLAND COUNTY ON JANUARY 31, 1992, AND URGING APPROPRIATE ACTION BY STATE AGENCIES IF THE INFANT IS PUT UP FOR ADOPTION TO GIVE THE HILYER FAMILY EVERY CONSIDERATION IN ADOPTING THE INFANT.

On motion of Senator MARTSCHINK, the Concurrent Resolution was carried over.

BY PRIOR MOTION OF SENATOR LAND, THE SENATE PROCEEDED TO THE ADJOURNED 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 motion to commit the Bill to the Committee on Judiciary.

Senator MACAULAY spoke on the motion.

Senator SETZLER made a Parliamentary Inquiry as to the pending question before the Senate.

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

Senator MACAULAY spoke on the motion.

At 3:02 P.M ., Senator ROBERT W. HAYES, JR. moved under Rule 15A to set a time certain of 1:00 P.M. on Tuesday, May 26, 1992, to vote on the entire matter of S. 417.

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

Bryan Drummond Hayes, R.W.
Helmly Hinson Macaulay
Reese Smith, J.V. Smith, N.W.
Stilwell Thomas

Carmichael Cork Courtney
Giese Land Leventis
Martschink McConnell McGill
Moore Passailaigue Patterson
Peeler Rose Russell
Setzler Shealy Williams
Wilson

Courson (Present) Aye

Matthews (Absent) Nay

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

Senator MACAULAY continued speaking on the motion.

Senator PEELER asked unanimous consent to make a motion that the Senate go into Executive Session prior to adjournment.

Senator ROSE objected.

Senator MACAULAY continued speaking on the motion.

At 3:41 P.M., Senator LAND 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
Fielding Giese Gilbert
Hayes, R.W. Helmly Land
Leventis Macaulay McConnell
McGill Moore Passailaigue
Peeler Reese Rose
Russell Setzler Shealy
Smith, J.V. Stilwell Thomas
Williams Wilson

The Senate resumed.

At 3:46 P.M., Senator THOMAS moved under Rule 15A to set a time certain of 3:46 P.M. to vote on the entire matter of S. 417.

Senator LAND made the point that a quorum was not present.

Senator THOMAS raised a Point of Order that the motion under Rule 15A was a higher motion than the point of a quorum.

The PRESIDENT stated that the raising of a question of a quorum is a question of order and, therefore, could be made at any time.

It was ascertained that a quorum was not present.

Senator LAND moved that the Senate stand adjourned.

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

Carmichael Cork Land
Leventis Macaulay McConnell
Patterson Saleeby Washington
Williams

Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Helmly Moore Passailaigue
Peeler Reese Rose
Russell Setzler Shealy
Smith, J.V. Stilwell Thomas
Wilson

The Senate refused to adjourn.

On motion of Senator THOMAS, the motion under Rule 15A to set a time certain of 3:46 P.M. to vote on the entire matter of S. 417 was withdrawn.

Senator MACAULAY continued speaking on the motion.

At 3:52 P.M., Senator ROBERT W. HAYES, JR. moved to invoke Rule 3b.

Senator McCONNELL moved to table the motion to invoke Rule 3b.

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

Carmichael Cork Courtney
Fielding Helmly Land
Leventis Macaulay McConnell
McGill Moore Passailaigue
Patterson Peeler Saleeby
Smith, J.V. Washington Williams

Bryan Courson Drummond
Giese Hayes, R.W. Lourie
Martschink O'Dell Pope
Reese Rose Russell
Setzler Shealy Stilwell
Thomas Wilson

The motion to invoke Rule 3b was tabled.

Senator MACAULAY continued speaking on the motion.

At 4:00 P.M., on motion of Senator McGILL, Senator MULLINAX was granted a leave of absence for the remainder of the day.

At 4:00 P.M., on motion of Senator McGILL, Senator HINDS was granted a leave of absence for the remainder of the day.

At 4:01 P.M., Senator PATTERSON assumed the Chair.

At 4:01 P.M., Senator ROSE requested and was granted a leave of absence until 6:00 P.M.

At 4:06 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator LAND moved to adjourn.

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

Carmichael Fielding Gilbert
Helmly Hinson Land
Leventis McConnell Patterson
Saleeby Williams

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Lourie Macaulay
Martschink Moore Passailaigue
Peeler Pope Reese
Russell Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Wilson

The Senate refused to adjourn.

At 4:15 P.M., Senator GILBERT requested and was granted a leave of absence beginning at 4:30 P.M. for the remainder of the day.

At 4:15 P.M., Senator MOORE requested and was granted a leave of absence beginning at 5:30 P.M. for the remainder of the day.

At 4:15 P.M., Senator HOLLAND requested and was granted a leave of absence beginning at 5:30 P.M. for the remainder of the day.

At 4:15 P.M., Senator NELL W. SMITH requested and was granted a leave of absence beginning at 5:30 P.M. for the remainder of the day.

At 4:30 P.M., Senator FIELDING requested and was granted a leave of absence for the remainder of the day.

At 4:30 P.M., Senator HELMLY requested and was granted a leave of absence for the remainder of the day.

At 4:30 P.M., Senator SALEEBY requested and was granted a leave of absence for the remainder of the day.

Senator MACAULAY continued speaking on the motion.

At 4:15 P.M., Senator POPE moved to invoke Rule 3b.

Senator McCONNELL moved to table the motion.

Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not members who had been granted leaves of absence could vote on a motion to invoke Rule 3b.

The ACTING PRESIDENT stated that those members who were present in the Chamber could vote on any matters.

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

Carmichael Fielding Helmly
Holland Land Leventis
Martschink McConnell McGill
Moore O'Dell Passailaigue
Patterson Reese Saleeby
Smith, N.W. Williams

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Lourie Macaulay
Peeler Pope Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

The Senate refused to table the motion to invoke Rule 3b. The question then was the motion to invoke Rule 3b.

Senator WILLIAMS spoke on the motion.

At 4:29 P.M., the PRESIDENT assumed the Chair.

At 4:30 P.M., Senator REESE requested and was granted a leave of absence from 6:00 - 8:00 P.M.

At 4:30 P.M., Senator McGILL requested and was granted a leave of absence from 6:00 - 8:00 P.M.

At 4:30 P.M., Senator WILLIAMS requested and was granted a leave of absence beginning at 5:30 P.M. for the remainder of the day.

Senator THOMAS made a Parliamentary Inquiry as to whether invoking Rule 3b in the presence of a quorum would be to only send for the absentee members and not cause the outer doors to be locked.

The PRESIDENT stated that that was correct.

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

Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Hinson Lourie Macaulay
Martschink Pope Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

Carmichael Fielding Gilbert
Helmly Land Leventis
McConnell McGill Moore
Passailaigue Patterson Peeler
Reese Saleeby Williams

At 4:33 P.M., Rule 3b was invoked.

Senator MACAULAY continued speaking on the motion.

At 4:40 P.M., Senator LEVENTIS assumed the Chair.

Senator MACAULAY continued speaking on the motion.

At 4:30 P.M., on motion of Senator SALEEBY, Senator MARTIN was granted a leave of absence for the remainder of the day.

At 4:45 P.M., Senator O'DELL requested and was granted a leave of absence for the remainder of the day.

At 5:15 P.M., Senator LEATHERMAN requested and was granted a leave of absence for the remainder of the day.

At 5:15 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LAND moved that the Senate stand adjourned.

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

Carmichael Cork Land
Leventis Macaulay McConnell
McGill Passailaigue Patterson
Reese Saleeby Smith, N.W.
Washington Williams

Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Lourie Martschink Moore
Peeler Pope Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

The Senate refused to adjourn.

Senator MACAULAY continued speaking on the motion.

Senator SHEALY requested and was granted a leave of absence from 6:00 - 8:00 P.M. this evening.

Senator POPE asked unanimous consent to make a motion that he be granted a leaved of absence from 6:00 - 8:00 P.M. on Wednesday, May 20, 1992. Senator McCONNELL objected.

Senator MACAULAY continued speaking on the motion.

At 5:22 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator THOMAS moved to invoke Rule 3b under the provisions of Rule 2.

Senator LAND moved that the Senate stand adjourned.

Senator McCONNELL raised a Point of Order that the Senate had previously invoked Rule 3b and, therefore, a further motion to invoke Rule 3b was out of order.

The PRESIDENT overruled the Point of Order and stated that the earlier motion agreed to by the Senate to invoke Rule 3b had been made and agreed to in the presence of a quorum. The motion by Senator THOMAS was to invoke Rule 3b under the provisions of Rule 2 in the absence of a quorum and, therefore, was a different motion.

At 5:25 P.M., the PRESIDENT assumed the Chair.

The question then was the motion to invoke Rule 3b under the provisions of Rule 2.

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

Bryan Cork Courson
Drummond Hayes, R.W. Hinson
Lourie Peeler Pope
Russell Smith, J.V. Stilwell
Thomas Wilson

Carmichael Land Leventis
Macaulay Martschink McConnell
McGill Moore Passailaigue
Patterson Reese Saleeby
Setzler Washington Williams

The Senate refused to invoke Rule 3b under the provisions of Rule 2.

At 5:29 P.M., Senator LAND asked unanimous consent to make a motion that the Senate stand adjourned.

Senator THOMAS objected.

Senator THOMAS moved that the Senate stand in recess until a quorum was present.

The President stated that a quorum was present.

Senator THOMAS asked unanimous consent to make a motion to carry over S. 417.
Senator LAND objected.

Senator MACAULAY continued speaking on the motion.

At 5:32 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator THOMAS moved that the Senate stand in recess until a quorum was present.

Senator LAND moved that the Senate stand adjourned.

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

Carmichael Land Leventis
McConnell McGill Moore
Passailaigue Patterson Saleeby
Washington Williams

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Hinson Lourie
Macaulay Martschink Peeler
Pope Reese Russell
Setzler Smith, J.V. Stilwell
Thomas Wilson

The Senate refused to adjourn.

Senator MACAULAY continued speaking on the motion.

At 5:50 P.M., Senator THOMAS made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator THOMAS moved to invoke Rule 3b.

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

Bryan Cork Courson
Drummond Hayes, R.W. Hinson
Pope Russell Stilwell
Thomas Wilson

Carmichael Courtney Fielding
Giese Land Leventis
Macaulay Martschink McConnell
McGill Moore Passailaigue
Patterson Peeler Reese
Saleeby Setzler Shealy
Washington Williams

The Senate refused to invoke Rule 3b under the provisions of Rule 2.

Senator LAND moved that the Senate stand adjourned.

Senator THOMAS raised a Point of Order that the motion would require unanimous consent inasmuch as the member did not have the floor.

The PRESIDENT sustained the Point of Order.

Senator THOMAS objected.

Senator MACAULAY continued speaking on the motion.

At 5:55 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator McCONNELL moved to adjourn.

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

Carmichael Cork Fielding
Land Leventis Macaulay
Martschink McConnell McGill
Moore Passailaigue Patterson
Reese Saleeby Washington
Williams

Bryan Courson Drummond
Giese Hayes, R.W. Peeler
Pope Russell Setzler
Stilwell Thomas Wilson

Consideration was interrupted by adjournment, Senator MACAULAY retaining the floor. The Bill remained in the status of Adjourned Debate; the question being the motion to commit the Bill to the Committee on Judiciary.

MOTION ADOPTED
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John T. Wood, former member of the House of Representatives.

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

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