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 the Psalmist in Psalm 63 (vv. 9,30):

"For zeal for your house consumes me...

I will praise God's name in song,

And glorify Him with thanksgiving."
Let us pray.

Almighty and Eternal God, we confess our unworthiness to be the objects of Your mercy and of Your matchless gift of love and daily concern with us.

Help us to hear every day - anew - the words "COME, FOLLOW ME".

Help us to work hard at making synonymous the love of living and the love of the living God in our words and deeds.

Amen.

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

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

The Senate resumed.

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

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

Document No. 1736
Promulgated by Department of Archives and History
General Records Retention Schedule for School Districts
Received by Lt. Governor February 2, 1994
Referred to Senate General Committee
120 day review expiration date June 2, 1994

Document No. 1737
Promulgated by Department of Archives and History
General Retention Schedule for State Colleges and Universities
Received by Lt. Governor February 2, 1994
Referred to Senate General Committee
120 day review expiration date June 2, 1994

Senator GIESE introduced Dr. Bill Brannon of Columbia, S.C., Doctor of the Day.

On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for the balance of the week.

On motion of Senator WILSON, at 11:00 A.M., Senator RUSSELL was granted a leave of absence for today.

The following were introduced:

S. 1112 -- Senator Ryberg: A BILL TO AMEND SECTION 59-63-240 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPULSION FROM SCHOOL FOR THE REMAINDER OF THE YEAR, SO AS TO PROVIDE THAT THE IDENTITY OF A STUDENT WHO INFORMS A TEACHER OR AN ADMINISTRATOR THAT ANOTHER STUDENT IS IN POSSESSION OF A FIREARM ON SCHOOL PROPERTY OR AT A SCHOOL-SPONSORED EVENT SHALL BE DEEMED CONFIDENTIAL.

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

S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1933 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.

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

S. 1114 -- Senators Drummond, Washington and Peeler: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALES", SO AS TO EXCLUDE SALES OF CORRECTIVE LENSES AND EYEGLASS FRAMES TO CERTAIN MEDICAL INSTITUTIONS; TO AMEND SECTION 40-38-130, AS AMENDED, RELATING TO EXAMINATIONS FOR LICENSURE AS AN OPTICIAN, SO AS TO REQUIRE THAT EXAMINATIONS DEVELOPED BY THE BOARD MUST MEET PROFESSIONAL TESTING STANDARDS; AND TO AMEND SECTION 40-38-210, RELATING TO COMPLAINTS FILED AGAINST OPTICIANS, SO AS TO PROHIBIT THE BOARD FROM REQUIRING A COMPLAINANT TO ASSIST IN SUBSEQUENT PROCEEDINGS AS A CONDITION OF ACTING ON THE COMPLAINT, AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS.

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

S. 1115 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

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

S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

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

S. 1117 -- Senator Ryberg: A BILL TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO ADD TO THE DEFINITION OF "PUBLIC UTILITY" BY PROVIDING THAT THE TERM INCLUDES EVERY CORPORATION AND PERSON DELIVERING NATURAL GAS DISTRIBUTED OR TRANSPORTED BY PIPE, AND DELETE THE WORD "GAS" FROM THE DEFINITION; AND TO AMEND SECTION 58-5-240, AS AMENDED, RELATING TO GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, FILING SCHEDULES OF PROPOSED RATES, AND THE EFFECTIVE DATE THE SAME, SO AS TO PROVIDE THAT WHEN CERTAIN CONDITIONS EXIST OR THE PUBLIC SERVICE COMMISSION MAKES CERTAIN DETERMINATIONS, A RATE OF RETURN DOES NOT HAVE TO BE CALCULATED IF THE RATE IS DETERMINED TO BE JUST AND REASONABLE.

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

S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1120 -- Senators Drummond, Washington, Patterson, Leventis and Peeler: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1121 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1122 -- Senators Drummond, Washington, Leventis and Peeler: A BILL TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO ELEVEN; TO AMEND SECTION 40-15-80, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CRITERIA FOR STUDENTS WHO MAY RECEIVE CERTAIN SERVICES FROM HYGIENISTS; TO AMEND SECTION 40-15-130, RELATING TO ADVERTISING, SO AS TO SPECIFY WHAT RESTRICTIONS THE BOARD MAY PLACE ON ADVERTISING; TO AMEND SECTION 40-15-140, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION, SO AS TO REQUIRE AN APPLICANT TO PROVIDE NO MORE THAN THREE REFERENCES; AND TO REQUIRE AN APPLICANT FOR REGISTRATION AS A DENTAL TECHNICIAN TO PASS A NATIONAL EXAMINATION; TO AMEND SECTION 40-15-180, RELATING TO COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MUST BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-15-190, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO REQUIRE ELECTIONS TO NOMINATE NEW BOARD MEMBERS BEFORE JANUARY 1, 1995; AND TO REAUTHORIZE THE STATE BOARD OF DENTISTRY FOR SIX YEARS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1123 -- Senators Drummond, Washington, Patterson, Leventis, Peeler, J. Verne Smith and Giese: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1124 -- Judiciary Committee: A BILL TO AMEND SECTION 14-1-200 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF SALARIES OF FAMILY COURT JUDGES AND CIRCUIT SOLICITORS, SO AS TO INCREASE THE SALARIES OF FAMILY COURT JUDGES AND CIRCUIT SOLICITORS.

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

S. 1125 -- Senator Matthews: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ERNEST "SON" TASTE OF ORANGEBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.

Read the first time and referred to the General Committee.

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

S. 33 -- Senators Passailaigue and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT LAWS ENACTED TO MAINTAIN CONFORMITY OF THE STATE INCOME TAX WITH THE PROVISIONS OF THE FEDERAL INCOME TAX MAY NOT RESULT IN INCREASES OR DECREASES IN THE STATE INCOME TAX LIABILITY OF SIMILAR REPRESENTATIVE CLASSES OF INDIVIDUAL AND CORPORATE TAXPAYERS.

Ordered for consideration tomorrow.

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

S. 42 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.

Ordered for consideration tomorrow.

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

S. 139 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1530 SO AS TO REQUIRE THE COURT TO INCLUDE A SIXTY-DAY NOTICE REQUIREMENT IN A CUSTODY ORDER WHEN A PARENT OR OTHER PERSON INTENDS TO RELOCATE THE PERMANENT RESIDENCE OF A CHILD.

Ordered for consideration tomorrow.

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

S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

Ordered for consideration tomorrow.

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

S. 312 -- Senators McConnell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE FACTORS THE COURT MAY CONSIDER AS CONSTITUTING A SUBSTANTIAL CHANGE OF CIRCUMSTANCES FOR CHANGING CHILD CUSTODY.

Ordered for consideration tomorrow.

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

S. 338 -- Senators McConnell and Courtney: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE AMOUNT REQUIRED BY THE CHILD SUPPORT GUIDELINES IS THE CORRECT AMOUNT TO BE AWARDED AND THAT FINDINGS WHICH REBUT THE GUIDELINES MUST STATE THE AMOUNT OF THE AWARD REQUIRED BY THE GUIDELINES AND A JUSTIFICATION OF WHY THE ORDER VARIES FROM THE GUIDELINES, AND ALSO TO PROVIDE THAT THE COURT MAY CONSIDER THE PASSAGE OF TIME SINCE THE ISSUANCE OF AN EXISTING CHILD SUPPORT ORDER OR THE FINANCIAL IMPOSSIBILITY TO MEET ONE'S CHILD SUPPORT OBLIGATION IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED WHICH WOULD REQUIRE A MODIFICATION OF AN EXISTING ORDER.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a majority favorable with amendment and Senator LAND a minority unfavorable report on:

S. 530 -- Senator Peeler: A BILL TO AMEND SECTION 3-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEDERAL SURPLUS PROPERTY, SO AS TO AUTHORIZE THE DIVISION OF GENERAL SERVICES TO ENTER INTO AGREEMENTS WITH FEDERAL AGENCIES TO CONDUCT AND DIRECT THE DISPOSAL OF SURPLUS PROPERTY OF THOSE FEDERAL AGENCIES, AND TO PROVIDE THAT NO OTHER STATE OR LOCAL AGENCY MAY PERFORM THIS FUNCTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-35-715 SO AS TO REQUIRE ALL STATE GOVERNMENTAL BODIES TO COMPLY WITH PROVISIONS OF LAW REQUIRING THE USE OF THE DIVISION OF GENERAL SERVICES WHEN DISPOSING OF SURPLUS PROPERTY REGARDLESS OF OTHER EXEMPTIONS WHICH HAVE BEEN GRANTED TO THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3820, RELATING TO THE ALLOCATION OF THE PROCEEDS OF THE SALE OF SURPLUS PROPERTY, SO AS TO PROVIDE THAT ALL PROCEEDS MUST BE APPLIED TO THE CREDIT OF THE GOVERNMENTAL BODY OWNING THE PROPERTY FOR THE PURCHASE OF LIKE ITEMS; TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO THE SEIZURE, FORFEITURE, AND SALE OF PROPERTY USED IN ILLEGAL DRUG TRANSACTIONS, SO AS TO PROVIDE THAT PUBLIC AUCTIONS OF THIS PROPERTY MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES, AND THE DIVISION OF GENERAL SERVICES MUST BE NOTIFIED ANNUALLY OF THE PROPERTY WHICH HAS BEEN RETAINED BY THE SEIZING AGENCY; TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-115 SO AS TO PROVIDE THAT PUBLIC AUCTIONS OF PERSONAL PROPERTY SEIZED AND FORFEITED TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES AND TO REQUIRE THE DIVISION TO BE NOTIFIED BY THE DEPARTMENT OF CERTAIN PROPERTY RETAINED BY IT FOR ITS OWN USE; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND SALE OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO PROVIDE THAT THE DIVISION OF GENERAL SERVICES ACTING FOR THE DIRECTOR OF THE DEPARTMENT SHALL CONDUCT THE PUBLIC AUCTIONS AT WHICH THIS PROPERTY IS SOLD; AND TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1992-93, SO AS TO DELETE AND REVISE CERTAIN PROVISOS RELATING TO THE SALE OR DISPOSAL OF SURPLUS STATE PROPERTY BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE INFORMATION TECHNOLOGY PROCUREMENT OFFICE SO THAT THESE SALES OR DISPOSALS MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES IN THE MANNER REQUIRED BY LAW.

Ordered for consideration tomorrow.

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

S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.

Ordered for consideration tomorrow.

Senator HAYES from the Committee on Judiciary submitted a favorable report on:

S. 771 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Rules submitted a majority favorable and Senator GIESE a minority unfavorable report on:

S. 828 -- Senator Short: A SENATE RESOLUTION TO AMEND RULE 19 OF THE RULES OF THE SENATE REGARDING THE MEMBERSHIP OF THE SENATE JUDICIARY COMMITTEE AND THE SENATE FINANCE COMMITTEE TO PROVIDE THAT EACH COMMITTEE SHALL HAVE A MEMBERSHIP OF TWENTY-THREE SENATORS.

Ordered for consideration tomorrow.

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

S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable report on:

S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.

Ordered for consideration tomorrow.

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

S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE COMPANIES SO AS TO EXPRESSLY PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES ON INSURANCE COMPANIES.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.

Ordered for consideration tomorrow.

Senator MITCHELL from the Committee on Judiciary submitted a favorable report on:

S. 1020 -- Senators J. Verne Smith and Russell: A BILL TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES.

Ordered for consideration tomorrow.

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

An invitation from Department of Archives and History Foundation to attend a coffee and pastries/drop-in at the Blatt Building (#208) on Wednesday, February 16, 1994, from 8:30 until 10:00 A.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

An invitation from S.C. Assn. of Counties to attend a reception at the Embassy Suites Hotel on Wednesday, February 16, 1994, from 6:00 until 7:30 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

The following Joint Resolution 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. 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.

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.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration. The question being the third reading of the Bill.

Senator MATTHEWS argued contra to the Bill.

Senator WASHINGTON argued contra to the Bill.

Senator McCONNELL spoke on the Bill.

Senator PATTERSON argued contra to the Bill.

Senator MITCHELL argued contra to the Bill.

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

Bryan Courtney Drummond
Elliott Giese Gregory
Hayes Leatherman Macaulay
Martin McConnell Mescher
Moore O'Dell Passailaigue
Peeler Rankin Richter
Rose Ryberg Setzler
Short Smith, J.V. Williams

Cork Courson Ford
Glover Jackson Land
Lander Matthews McGill
Mitchell Patterson Reese
Smith, G. Waldrep Washington
Wilson

Stilwell

The 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 the Act enrolled for Ratification.

I voted "present" on final passage of H. 4333. I did so as a method of indicating neither approval nor disapproval of its provisions. The Bill did not go through the committee process and, therefore, the opportunity was not afforded for the type of in-depth study necessary to an informed judgment. I, therefore, abstained from voting.

I voted "no" because the reapportionment plan of Representative Don Beatty provided for 32 minority districts instead of the 23 possibly in this plan. I believe the plan violates the Voting Rights Act requirement of creating reasonable minority districts.

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

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. 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.

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. 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.

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.

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.

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

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.

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.

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 third reading of the Bill.

Senator MACAULAY proposed the following amendment (CYY\15668AC.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. Focal points shall 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."

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

Renumber sections to conform.

Amend title to conform.

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

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (N05\7583BDW.94), which was adopted:

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

/SECTION 1. Section 40-11-70 of the 1976 Code, as last amended by Act 360 of 1992, is further amended to read:

"Section 40-11-70. The board shall meet quarterly each year, once in April, January, July, and October for the purpose of transacting the to transact business as may properly come before it. At the January meeting in each year the board shall elect officers. Special meetings may be held at such times as the board may provide in its bylaws. Notice of each meeting and the time and place of it must be given to each member in the manner the bylaws provide. Five A majority of the appointed members of the board shall constitute constitutes a quorum."

SECTION 2. Section 40-11-260 of the 1976 Code, as last amended by Act 360 of 1992, is further amended to read:

"Section 40-11-260. The board may reissue a license to any a person whose license has been revoked if five or more a majority of the appointed members of the board present vote in favor of such reissuance for reasons the board may deem sufficient."

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

Amend title to conform.

Senator O'DELL 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.

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

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.

On motion of Senator LEATHERMAN, with unanimous consent, S. 1105 was ordered to receive a third reading on Thursday, February 3, 1994.

At 12:00 Noon, the Senate receded from business for the purpose of attending the Joint Assembly.

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

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

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 1014 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 1994, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE AT-LARGE CIRCUIT, SEAT 2 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994.

Rep. Hodges, Chairman of the Judicial Screening Committee, asked unanimous consent to make a motion that all unopposed candidates be elected by acclamation.

Rep. Gamble and Senator COURSON objected.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Third Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable David F. McInnis had been screened and found qualified to serve.

Rep. Hodges placed the name of the Hon. David F. McInnis in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable David F. McInnis was elected to the position of Judge, Third Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Fourth Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable Edward B. Cottingham had been screened and found qualified to serve.

Rep. Hodges asked unanimous consent to make a motion that the members of the House be granted leave to vote by electronic roll call. Rep. Waites objected.

Senator MESCHER spoke on the nomination.

Senator McCONNELL was recognized to make remarks in response to those made by Senator MESCHER.

Rep. Jennings placed the name of Honorable Edward B. Cottingham in nomination.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Cottingham:
Bryan Courtney Elliott
Ford Giese Glover
Gregory Hayes Jackson
Land Lander Macaulay
Martin Matthews McConnell
McGill Moore O'Dell
Patterson Peeler Rankin
Richter Short Smith, J.V.
Stilwell Washington Williams
Wilson

The following named Senators voted in the negative:
Cork Courson Drummond
Leventis Mescher Passailaigue
Reese Rose Ryberg
Smith, G. Thomas Waldrep

The Reading Clerk of the House called the roll of the House and the Representatives voted viva voce as their names were called.

The following named Representatives voted for Mr. Cottingham:
Alexander, M.O. Alexander, T.C. Anderson
Askins Bailey, G. Baker
Barber Baxley Beatty
Boan Breeland Brown, G.
Brown, H. Byrd Carnell
Cato Cooper Cromer
Delleney Farr Felder
Fulmer Gonzales Govan
Graham Hallman Harrell
Harrelson Harris, J. Harris, P.
Harrison Harvin Harwell
Haskins Hines Hodges
Holt Houck Huff
Inabinett Jennings Kinon
Law Martin Mattos
McAbee McCraw McElveen
McKay McTeer Neilson
Rhoad Riser Robinson
Rogers Rudnick Scott
Sharpe Sheheen Simrill
Smith, D. Snow Spearman
Stoddard Sturkie Thomas
Trotter Tucker Waldrop
White Wilder, D. Wilder, J.
Wilkins Williams Wofford
Worley Young, R.

The following named Representatives voted in the negative:
Allison Bailey, J. Canty
Chamblee Clyborne Davenport
Elliott Fair Gamble
Hutson Jaskwhich Keegan
Kirsh Klauber Koon
Lanford Littlejohn McMahand
Meacham Neal Phillips
Quinn Shissias Smith, R.
Stille Stone Stuart
Townsend Vaughn Waites
Walker Wells Young, A.

Total number of Senators voting 40
Total number of Representatives voting 110
Grand Total 150
Necessary to a choice 76
Of which Judge Cottingham received 105

Whereupon, the PRESIDENT announced that the Honorable Edward B. Cottingham was elected to the position of Judge, Fourth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Fifth Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that Ms. M. Malissa Burnette and Mr. L. Casey Manning had been screened and found qualified to serve.

On motion of Rep. Hodges, the name of Ms. Malissa Burnette was withdrawn from consideration.

Rep. Hodges placed the name of Mr. Manning in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable L. Casey Manning was elected to the position of Judge, Fifth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Seventh Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable E. C. Burnett, III had been screened and found qualified to serve.

Rep. Hodges placed the name of Hon. E. C. Burnett, III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable E. C. Burnett, III was elected to the position of Judge, Seventh Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Eighth Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable James W. Johnson, Jr. had been screened and found qualified to serve.

Rep. Hodges placed the name of the Hon. James W. Johnson, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James W. Johnson, Jr. was elected to the position of Judge, Eighth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Ninth Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable William L. Howard had been screened and found qualified to serve.

Rep. Hodges placed the name of the Hon. William L. Howard in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William L. Howard was elected to the position of Judge, Ninth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Eleventh Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable William P. Keesley had been screened and found qualified to serve.

Rep. Hodges placed the name of the Hon. William P. Keesley in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William P. Keesley was elected to the position of Judge, Eleventh Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Eleventh Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Hon. Clyde N. Davis, Jr. and the Hon. Marc H. Westbrook had been screened and found qualified to serve.

Rep. Hodges placed the name of the Hon. Marc H. Westbrook in nomination.

On motion of Rep. Cromer, the name of Clyde N. Davis, Jr. was withdrawn from consideration.

Rep. Cromer moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marc H. Westbook was elected to the position of Judge, Eleventh Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Twelfth Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable John H. Waller, Jr. had been screened and found qualified to serve.

Rep. Hodges placed the name of the Hon. John H. Waller, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John H. Waller, Jr. was elected to the position of Judge, Twelfth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Thirteenth Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Hon. C. Victor Pyle, Jr. had been screened and found qualified to serve.

Rep. Hodges placed the name of the Hon. C. Victor Pyle, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable C. Victor Pyle, Jr. was elected to the position of Judge, Thirteenth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Fourteenth Judicial Circuit.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Hon. Gerald C. Smoak, Sr. had been screened and found qualified to serve.

Rep. Hodges placed the name of the Hon. Gerald C. Smoak, Sr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gerald C. Smoak, Sr. was elected to the position of Judge, Fourteenth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Circuit Judge, At-Large, Seat #2.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that Robert S. Armstrong, R. Markley Dennis, Jr. and John Sinclaire, III had been screened and found qualified to serve.

Rep. Hodges placed the name of Mr. Dennis in nomination.

Rep. Hodges indicated that Mr. John Sinclaire, III had withdrawn his name from consideration.

Senator BRYAN indicated that Mr. Robert S. Armstrong had withdrawn his name from consideration.

Senator BRYAN moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable R. Markley Dennis, Jr. was elected to the position of Circuit Judge, At-Large, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to fill three positions on the Old Exchange Building Commission.

Senator LEVENTIS placed the names of Mrs. Louise Burgdorf, Capt. John S. Coussons, and Mr. Sherman Smith in nomination.

Senator LEVENTIS moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that Mrs. Louise Burgdorf, Capt. John S. Coussons, and Mr. Sherman Smith had been elected to the three positions on the Old Exchange Building Commission for the term prescribed by law.

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

At 1:00 P.M., the Senate reconvened.

MOTION ADOPTED
On motion of Senator GIESE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. H. Harrison Jenkins, Jr. of Columbia, S.C.

At 1:05 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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