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

Tuesday, February 1, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT Pro Tempore.

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

Beloved, hear the words of Jesus to Simon Peter as recorded in the Gospel of Luke (22:31):

"Simon, Simon, behold Satan demanded

to have you,

That he might sift you like wheat,

But I have prayed for you that your

faith may not fail; and

When you have turned again, strengthen

your brethren."
Let us pray.

O Blessed Lord, into our hearts comes a strange new power and encouragement as we commend ourselves to Thee in this prayer period.

As we realize our kinship to Simon Peter, we take confidence and rejoice in the thought of the divine intercession for us, as we read again the words of Jesus to Peter: `I have prayed for you that your faith may not fail.'

And we are challenged by the words, `Strengthen your brethren.'

Thanks, that Your Providence overarches our path.

Amen.

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

REGULATIONS RECEIVED

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

Document No. 1689
Promulgated by Clemson University, State Crop Pest Commission
Pesticide Control Act
Received by Lt. Governor January 27, 1994
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 27, 1994

Document No. 1719
Promulgated by Clemson University, State Crop Pest Commission
Boll Weevil Rules, Regulations and Quarantine
Received by Lt. Governor January 27, 1994
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 27, 1994

Document No. 1721
Promulgated by Clemson University, State Crop Pest Commission
Regulations Regarding Plant Nurseries
Received by Lt. Governor January 27, 1994
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 27, 1994

Document No. 1722
Promulgated by Clemson University, State Crop Pest Commission
Regulations Pertaining to Imported Fire Ant Quarantine
Received by Lt. Governor January 27, 1994
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 27, 1994

Document No. 1733
Promulgated by Athletic Commission
Investigations and Hearings Held by Commission
Received by Lt. Governor January 28, 1994
Referred to Senate General Committee
120 day review expiration date May 28, 1994

Document No. 1739
Promulgated by Commissioners of Pilotage Port of Georgetown
New Regulations to Establish Standards for a Centralized, Coordinated System of Pilotage
Received by Lt. Governor January 31, 1994
Referred to Senate Committee on Transportation
120 day review expiration date May 31, 1994

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1698
Promulgated by Department of Social Services
Child Support Guidelines
Received by Lt. Governor December 15, 1993
Referred to Senate General Committee
120 day review expiration date May 11, 1994
Withdrawn and resubmitted January 28, 1994

Leave of Absence

On motion of Senator WILLIAMS, at 12:00 Noon, Senator SALEEBY was granted a leave of absence for today.

Leave of Absence

On motion of Senator WASHINGTON, at 12:00 Noon, Senator MATTHEWS was granted a leave of absence for today.

Leave of Absence

On motion of Senator WILSON, at 12:00 Noon, Senator RUSSELL was granted a leave of absence for today.

ACTING PRESIDENT PRESIDES

At 12:23 P.M., Senator MOORE assumed the Chair.

Point of Personal Interest

Senator PASSAILAIGUE rose to a Point of Personal Interest.

MOTION ADOPTED

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

RECALLED AND COMMITTED

S. 904 -- Senator Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-1-35 SO AS TO ESTABLISH THE SOUTH CAROLINA SPORTS DEVELOPMENT OFFICE WITHIN THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, AND TO PROVIDE FOR ITS FUNCTIONS, DUTIES, AND RESPONSIBILITIES.

Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

Committed

On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was committed to the Committee on Finance.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1099 -- Senator Wilson: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT A STATE EMPLOYEE MAY NOT SELECT AN OPTIONAL HOLIDAY UNLESS THE EMPLOYEE WAS EMPLOYED BY THE STATE ON JANUARY FIRST OF THE YEAR FOR WHICH A HOLIDAY MAY BE SELECTED.

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

S. 1100 -- Senator Washington: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR LATE PAYMENT OF PROPERTY TAXES, SO AS TO ELIMINATE FIXED PENALTIES AND PROVIDE FOR INTEREST ON UNPAID TAXES CALCULATED IN THE SAME MANNER AS INTEREST ON INCOME AND OTHER STATE TAX UNDERPAYMENTS; AND TO AMEND SECTION 12-51-90, RELATING TO REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT THE INTEREST DUE ON THE REDEMPTION IS CALCULATED IN THE SAME MANNER AS INTEREST ON INCOME TAX AND OTHER STATE TAX UNDERPAYMENTS.

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

S. 1101 -- Senator Williams: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CONDUCTING OTHER BUSINESS IN RETAIL LIQUOR STORES AND THE EXCEPTIONS TO THAT PROHIBITION, SO AS TO ALLOW RETAIL DEALERS TO SELL NONALCOHOLIC ITEMS, OTHER THAN BEER OR WINE, PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS IF THE NONALCOHOLIC LIQUORS AND ITEMS ARE IN SEALED PACKAGES AND ARE PACKAGED TOGETHER BY THE ALCOHOLIC LIQUOR PRODUCER AT ITS PLACE OF BUSINESS.

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

S. 1102 -- Senator Williams: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTY TO THE COMMISSION.

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

S. 1103 -- Senator Williams: A BILL TO AMEND SECTION 58-3-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION HEAR CERTAIN REQUESTS FOR CHANGES IN A SCHEDULE OF A CORPORATION OR PERSON REGULATED BY THE COMMISSION IN A PANEL OF THREE MEMBERS, SO AS TO MAKE IT OPTIONAL THAT THE COMMISSION HEAR THESE REQUESTS IN A THREE MEMBER PANEL.

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

S. 1104 -- Senator Setzler: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF FARM TRUCKS, SO AS TO PROVIDE THAT FARM TRUCKS, IF AN EMPTY WEIGHT OF LESS THAN FIVE THOUSAND POUNDS AND USED EXCLUSIVELY FOR AGRICULTURAL, HORTICULTURAL, AND DAIRYING OPERATIONS OR LIVESTOCK AND POULTRY RAISING, MAY BE REGISTERED AT A REDUCED RATE, AND TO PROVIDE THAT THE PERSON APPLYING FOR THE LICENSE ESTABLISH THE PURPOSE FOR WHICH THE TRUCK WILL BE USED.

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

S. 1105 -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE FLORENCE COUNTY VISITOR INFORMATION CENTER.

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

S. 1106 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING, RECORDKEEPING, AND BUSINESS PRACTICES OF PHYSICAL FITNESS SERVICES CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1630, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1108 -- Senator Moore: A SENATE RESOLUTION TO COMMEND MR. STEVEN H. LOTT AS HE LEAVES HIS POSITION AS A VETERANS AFFAIRS OFFICER FOR AIKEN COUNTY AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

The Senate Resolution was adopted.

S. 1109 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MRS. SYLVIA SAGER SCHWARTZ OF AIKEN WHO DIED SATURDAY, JANUARY 22, 1994.

The Senate Resolution was adopted.

S. 1110 -- Senators Waldrep, O'Dell and Hayes: A SENATE RESOLUTION COMMENDING THE ENDEAVORS OF THE DEPARTMENT OF ARCHIVES AND HISTORY AND OTHERS TO ESTABLISH THE SOUTH CAROLINA HISTORY CENTER, A NEW AND MUCH-NEEDED RESEARCH FACILITY, AND URGING ALL MEMBERS OF THE GENERAL ASSEMBLY TO SUPPORT THIS PROJECT AND TO SECURE ITS FUNDING.

Whereas, the South Carolina Department of Archives and History is one of the largest and best state history institutions in the nation; and

Whereas, the department attracts 12,000 researchers a year from all states in the Union; and

Whereas, the department occupies facilities which are inadequate in space and security to the patrons, the staff, and the collections of the department; and

Whereas, the department is experiencing serious and costly damage to its collections caused by failing environmental systems; and

Whereas, the department is seeking private and public funds to construct a new research facility called the South Carolina History Center; and

Where, the Confederation of South Carolina Local Historical Societies recognizes the need for the South Carolina History Center and has commended this project to the public; and

Whereas, the South Carolina History Center is indeed a worthwhile project which would be of great benefit to the citizens of South Carolina. Now, therefore,

Be it resolved by the Senate:

That the Senate of the State of South Carolina, by this resolution, commends the endeavors of the Department of Archives and History and others to establish the South Carolina History Center, a new and much-needed research facility, and urges all members of the General Assembly to support this project and to secure its funding.

Be it further resolved that a copy of this resolution be forwarded to the director of the Department of Archives and History and to the Confederation of South Carolina Local Historical Societies, in care of its president, Mr. John C. Blythe, Jr., Post Office Box 11669, Columbia, South Carolina 29211-1669.

Referred to the General Committee.

S. 1111 -- Senators Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, Leventis, Macaulay, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Mitchell, Thomas, Wilson, Patterson, Stilwell, Russell, McGill, O'Dell, Passailaigue, Rose, Washington, Reese, Hayes, Courtney, Cork, Elliott, Ford, Glover, Gregory, Jackson, Lander, Martin, Mescher, Rankin, Richter, Ryberg, Short, G. Smith and Waldrep: A SENATE RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE MARSHALL BURNS WILLIAMS OF ORANGEBURG TO BE PLACED IN THE SENATE CHAMBER AS A TRIBUTE TO THIS GREAT SOUTH CAROLINIAN AND DISTINGUISHED STATESMAN.

Whereas, the Honorable Marshall Burns Williams of Orangeburg has been a distinguished member of the Senate since 1953; and

Whereas, he is one of the state's outstanding leaders and statesmen of the modern era; and

Whereas, he served in the House of Representatives of this State from 1947-1952; and

Whereas, he was elected President Pro Tempore of the Senate on January 10, 1989, and has served continuously ever since in that office; and

Whereas, he is one of the most highly regarded lawyers ever to have been admitted to the Bar of this State and is known and deeply admired for his great intelligence, dedication, and service to humanity; and

Whereas, Marshall Williams' many contributions to the well-being of the State are greatly deserving of tribute and permanent recognition in a special manner. Now, therefore,

Be it resolved by the Senate:

That the Senate authorizes the commissioning of a portrait of the Honorable Marshall Burns Williams of Orangeburg to be placed in the Senate Chamber as a tribute to this great South Carolinian and distinguished statesman.

Be it further resolved that the President of the Senate appoint a committee of five members of the Senate, with one to be designated as chairman, to handle the arrangements and details of the hanging of the portrait including, but not limited to, the appropriate location for the portrait and the ceremony of unveiling and dedicating the portrait.

Senator J. VERNE SMITH spoke on the Resolution.

The Senate Resolution was adopted.

H. 4515 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ADD LEFT TURN PHASES OR ARROWS TO CERTAIN TRAFFIC SIGNALS IN ANDERSON COUNTY.

Whereas, it has come to the attention of members of the General Assembly that some potentially dangerous intersections in Anderson County could be made safer by changes in the traffic signals located there; and

Whereas, the members of the General Assembly, by this resolution, hereby direct the Department of Transportation to add left turn phases or arrows to the traffic signal at the intersection of U. S. Route 76 and S. C. Route 28 at Road S-58 in Sandy Springs in Anderson County. 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 Transportation to add left turn phases or arrows to the traffic signal at the intersection of U. S. Route 76 and S. C. Route 28 at Road S-58 in Sandy Springs in Anderson County.

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

Referred to the Committee on Transportation.

H. 4657 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MS. FRANCES LORRAINE PARIS OF NEWBERRY FOR FORTY-FOUR YEARS OF DEDICATED SERVICE TO THE NEWBERRY PUBLIC SCHOOL SYSTEM AS DIRECTOR OF INSTRUMENTAL MUSIC.

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

H. 3304 -- Rep. Cato: A BILL TO AMEND SECTION 50-21-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO MORE CLEARLY DEFINE PERSONAL FLOTATION DEVICE REQUIREMENTS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4067 -- Rep. White: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO REVISE PERMIT AND TRAWLING RESTRICTIONS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4564 -- Rep. Spearman: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.

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

REPORTS OF STANDING COMMITTEES

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

H. 3351 -- Reps. Carnell and Klauber: A BILL TO AMEND SECTION 40-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO PROVIDE THAT A MAJORITY INSTEAD OF FIVE MEMBERS CONSTITUTES A QUORUM; AND SECTION 40-11-260, AS AMENDED, RELATING TO THE REISSUANCE BY THE BOARD OF A REVOKED LICENSE, SO AS TO PROVIDE FOR REISSUANCE BY A MAJORITY INSTEAD OF FIVE OR MORE MEMBERS.

Ordered for consideration tomorrow.

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

H. 3379 -- Rep. Haskins: A BILL TO AMEND SECTION 41-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF EMPLOYMENT SECURITY CONTRIBUTIONS, SO AS TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR ALSO TO COLLECT ANY COSTS INCURRED IN COLLECTING THESE CONTRIBUTIONS AND TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT ALL COSTS AND AMOUNTS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3548 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, SIZE LIMITS, AND AREAS FOR TAKING ATLANTIC STURGEON, SO AS TO PROHIBIT THE POSSESSION OR SALE OF PART OF A STURGEON DURING THE CLOSED SEASON WITHOUT PROOF THAT THE PART WAS TAKEN LEGALLY.

Ordered for consideration tomorrow.

Invitations Accepted

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

An invitation from Municipal Association of South Carolina to attend a reception at the Marriott on Tuesday, February 15, 1994, from 6:00 until 7:30 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from S.C. Association of Christian Schools to attend a breakfast at the Holiday Inn (Assembly) on Thursday, February 17, 1994, from 7:45 until 8:45 A.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from S.C. Farm Bureau to attend a legislative banquet at the Ellison Bldg. (Fairgrounds) on Tuesday, February 22, 1994, from 6:00 until 7:15 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from Electric Coop's of S.C. to attend a reception at the Marriott on Wednesday, February 23, 1994, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

PRESIDENT PRESIDES

At 12:40 P.M., the PRESIDENT assumed the Chair.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 3550 -- Reps. McMahand, Stone, R. Smith, Canty, Neilson, Hutson, McLeod, Hines, Cooper, Scott, J. Brown, Beatty, Anderson, Phillips, J. Harris, Baker and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS ON SCHOOL PROPERTY OR AT A SCHOOL SANCTIONED OR SPONSORED ACTIVITY.

THIRD READING BILLS

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

S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.

S. 796 -- Senator Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO CLEMSON PSA FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT.

Senator SETZLER explained the Resolution.

S. 1047 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS GOVERNING PSYCHOLOGISTS, LIMITS OF PSYCHOLOGICAL PRACTICE, AND LIST OF LICENSED PSYCHOLOGISTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE OF ETHICS BE FILED WITH THE SECRETARY OF STATE.

READ THE SECOND TIME WITH

NOTICE OF GENERAL AMENDMENTS

H. 4333 -- Reps. Sheheen, Snow, Rudnick and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.

Senator HOLLAND 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 second reading of the Bill.

The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.

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

The Medical Affairs Committee proposed the following amendment (CYY\15610AC.94), which was adopted:

Amend the bill, as and if amended, Section 44-79-30(A), page 1, line 35, by deleting /one hundred/ and inserting /two hundred/.

Amend further, Section 44-79-80(1), page 3, line 39, by deleting /one hundred/ and inserting /two hundred/.

Amend title to conform.

Senator MACAULAY explained the amendment.

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

SECOND READING BILLS

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

S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

S. 936 -- Senators Lander and Reese: A BILL TO AMEND ACT 38 OF 1993, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM SERVICES ARE TO BE PROVIDED.

S. 940 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.

S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.

H. 4187 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO LICENSES; REVOCATION AND SUSPENSION, RENEWAL; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1637, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

S. 938 -- Senators Bryan, Washington, Giese and Hayes: A BILL TO AMEND SECTION 44-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUSTODY AND TRANSPORT OF PERSONS TO MENTAL HEALTH FACILITIES, SO AS TO AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES AND DIRECTORS OF COMMUNITY MENTAL HEALTH CENTERS TO ARRANGE AN ALTERNATIVE TRANSPORTATION PROGRAM.

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

The Medical Affairs Committee proposed the following amendment (N05\7574BDW.94), which was adopted:

Amend the bill, as and if amended, Section 44-17-440, by striking the sentence beginning on line 38 and inserting:

/Upon entering a written agreement between the local law enforcement agency, the governing body of the local government, and the directors of the community mental health centers, an alternative transportation program utilizing peer supporters and case managers may be arranged for nonviolent persons requiring mental health treatment./

Amend title to conform.

Senator BRYAN explained the amendment.

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

AMENDED, READ THE SECOND TIME

S. 946 -- Senators Courson and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.

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

The Medical Affairs Committee proposed the following amendment (N05\7576BDW.94), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3, line 11, and inserting:

/SECTION 3. This act takes effect on the first day of the fourth month following approval by the Governor./

Amend title to conform.

Senator GIESE explained the amendment.

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

AMENDED, READ THE SECOND TIME

S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.

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

The Medical Affairs Committee proposed the following amendment (CYY\15618AC.94), which was adopted:

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

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

"Section 43-21-45. The Governor's Office, Division on Aging shall designate area agencies on aging and area agencies on aging shall designate focal points which shall provide services to older adults in local communities. Focal points must provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network."/

Renumber sections to conform.

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.

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

The Medical Affairs Committee proposed the following amendment (N05\7577BDW.94), which was adopted:

Amend the bill, as and if amended, by striking Section 17-5-290, beginning on line 22, and inserting:

/Section 17-5-290. (A) After the postmortem examination, or autopsy, or inquest has been completed, the dead body shall must be released to the person legally entitled thereto to it for burial. If no person claims the body, the county medical examiner or his deputy shall notify the Anatomical board of the State created pursuant to Section 44-43-510. If the Anatomical that board shall does not accept such the body, it shall must be turned over to the coroner of the county where death occurred for disposition as provided by law. If the deceased has an estate out of which burial expenses can be paid either in whole or in part, such the estate shall must be taken for such that purpose before any an expense under this section is imposed upon any a county.

(B) If the body cannot be identified through reasonable efforts, the coroner shall forward the body to the Medical University of South Carolina or other suitable facility for preservation. The body must be preserved for not less than thirty days, unless the body is identified within that time. If the body has not been identified at the end of that time, the Medical University may retain possession of the body for its use and benefit or return the body to the coroner of the county where death occurred for disposition as provided by law. A facility other than the Medical University utilized by the coroner for storage of an unidentified body may dispose of the body as provided by law or return the body to the coroner of the county where death occurred for disposition.

(C) If an unidentified body is preserved at the Medical University, the county is responsible for transporting the body to and from the Medical University. However, the county is not responsible for the cost of preserving the body at the Medical University./

Amend title to conform.

Senator GIESE explained the amendment.

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

S.968 -- Ordered to a Third Reading

On motion of Senator Washington, with unanimous consent, S.968 was ordered to receive a third reading on Wednesday, February 2, 1994.

COMMITTED

S. 825 -- Senator Peeler: A BILL TO AMEND SECTION 7-7-530 OF THE 1976 CODE, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO ALTER THE PRECINCT BOUNDARIES AND REDESIGNATE CERTAIN POLLING PLACES.

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

On motion of Senator PEELER, the Bill was committed to the local delegation.

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

CARRIED OVER

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.

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

On motion of Senators MOORE and BRYAN, the Resolution was carried over.

EXECUTIVE SESSION

On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS

Confirmations

Having been reported favorably from Executive Session, on motion of Senator WILLIAMS, with unanimous consent, the following appointment was confirmed:

Initial Appointment, Director of the Department of Public Safety, with term to commence February 1, 1994, and to expire February 1, 1996:

Director:

Mr. B. Boykin Rose, Department of Public Safety, 5400 Broad River Road, Columbia, S.C. 29210

Having been reported favorably from Executive Session, on motion of Senator MOORE, the following appointment was confirmed:

Initial Appointment, Director of the Department of Social Services, with term to commence February 1, 1994, and to expire at the pleasure of the Governor:

Director:

J. Samuel Griswold, Ph.D., Department of Social Services, Post Office Box 1520, Columbia, S.C. 29202-1520

The question was, "Will the Senate advise and consent to this appointment?"

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

Ayes 40; Nays 2

AYES

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Rose Russell* Setzler
Short Smith, G. Smith, J.V.
Stilwell Waldrep Washington
Wilson

TOTAL--40

NAYS

Richter Ryberg

TOTAL--2

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Statement by Senator RYBERG

I wish the Journal to reflect my negative vote relative to the confirmation of Sam Griswold as the Director of the Department of Social Services. The continuous reshuffling of his department personnel within area offices and to and from the state office regardless of their ability to perform their duties indicates to me a flaw in his management ability. Mr. Griswold indicates by his inaction that we do not hold people accountable in spite of cases such as the multiple deaths in Aiken County. All appointments need to be a reflection on how well an individual runs his diverse agency. People must be held accountable in the performance of their job.

Having been reported favorably from Executive Session, on motion of Senator MACAULAY, with unanimous consent, the following appointment was confirmed:

Initial Appointment, Director of the Department of Alcohol and Other Drug Abuse, with term to commence February 1, 1994, and to expire at the pleasure of the Governor:

Director:

Mr. William J. McCord, Department of Alcohol and Other Drug Abuse Services, Suite 300, 3700 Forest Drive, Columbia, S.C. 29204

Having been reported favorably from Executive Session, on motion of Senator HOLLAND, with unanimous consent, the following appointment was confirmed:

Initial Appointment, Director of the Department of Parks, Recreation and Tourism, with term to commence February 1, 1994, and to expire at the pleasure of the Governor:

Director:

Ms. Grace G. McKown, 108 Cove View Drive, Irmo, S.C. 29063

Having been reported favorably from Executive Session, on motion of Senator MITCHELL, with unanimous consent, the following appointments were confirmed:

Initial Appointment, Director of the Department of Juvenile Justice, with term to commence February 1, 1994, and to expire at the pleasure of the Governor:

Director:

Ms. Flora Brooks Boyd, South Carolina Department of Juvenile Justice, Post Office Box 7367, Columbia, S.C. 29202

Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence February 1, 1994, and to expire at the pleasure of the Governor:

Director:

Mr. Michael J. Cavanaugh, Department of Probation, Parole and Pardon Services, Post Office Box 50666, Columbia, S.C. 29250

Having been reported favorably from Executive Session, on motion of Senator MITCHELL, the following appointment was confirmed:

Initial Appointment, Director of the Department of Corrections, with term to commence February 1, 1994, and to expire at the pleasure of the Governor:

Director:

Mr. H. Parker Evatt, Department of Corrections, Post Office Box 21787, Columbia, S.C. 29221-1787

The question was, "Will the Senate advise and consent to this appointment?"

Senator RICHTER argued contra to the motion.

RECESS

At 2:08 P.M., on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed five minutes, with Senator RICHTER retaining the floor.

At 2:10 P.M., the Senate resumed.

Senator RICHTER argued contra to the motion.

Senator MITCHELL argued in favor of the motion.

Senator RICHTER moved to table the motion.

Point of Order

Senator McCONNELL raised a Point of Order that the motion to table was out of order inasmuch as under the provisions of Rule 32, the final question on every appointment shall be: "Will the Senate advise and consent to this appointment?".

The PRESIDENT sustained the Point of Order.

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

Ayes 33; Nays 7

AYES

Bryan Cork Courson
Courtney Drummond Elliott
Giese Glover* Gregory
Hayes* Holland Jackson
Land* Leatherman* Macaulay
Martin McGill Mescher
Mitchell Moore* O'Dell
Patterson Peeler Rankin
Reese Russell* Setzler*
Short Smith, J.V.* Stilwell
Waldrep Washington Wilson

TOTAL--33

NAYS

Leventis McConnell Passailaigue
Richter Rose Ryberg
Smith, G.

TOTAL--7

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Joseph Noisette of Charleston, S.C.

ADJOURNMENT

At 2:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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