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 Phillips' rendering of St. Matthew, Chapter 14, concerning the feeding of the 5,000.
"He told the crowd to sit down on the
grass. Then He took the five loaves and
the two fish in His hands, and, looking up
to Heaven, He thanked God, broke the loaves
and passed them to His disciples who handed
them to the crowd. Everybody ate and was
satisfied."
Let us pray.
Heavenly Father, the news media have passed the word, in pictures and in words, of the dreadful plight of the multitudes in Rwanda.
They need another miracle, Lord!
We note in St. Matthews' version that there were human hands that carried out the orders of their Lord.
Grant to people of goodwill and compassion who have been blest with much the spirit of sharing the good things like food and shelter. Where technology has made possible a world-wide distribution, help us to move.
Help a generous world to carry food and medicine to the suffering Rwandans.
Help us, as we approach our budgets to be grateful... in the spirit of the Galilean.
Amen.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND 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 Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson
The Senate resumed.
Senator DRUMMOND asked unanimous consent to make a motion to adopt the Senate Finance Committee Report without prejudice to any member to offer perfecting amendments, without regard to degree, so as to provide for an orderly consideration of H. 4820, the General Appropriation Bill.
Senator McCONNELL objected.
Senator DRUMMOND asked unanimous consent to take up for immediate consideration of H. 4820, the General Appropriation Bill, and proceed to consider the Points of Order.
Senator McCONNELL stated that pursuant to the unanimous consent request, the Points of Order were to be raised today and amendments would not be taken up before Monday, May 9, 1994, at 9:30 A.M.
Senator RICHTER made a Parliamentary Inquiry as to whether or not the unanimous consent request was for the Senate to take up consideration of the General Appropriation Bill to the exclusion of all other matters.
Senator LEATHERMAN made a Parliamentary Inquiry as to whether or not there was an objection to taking up the General Appropriation Bill for consideration.
Senator MACAULAY objected to taking up H. 4820, the General Appropriation Bill.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1773
Promulgated by State Board of Medical Examiners, Department of Labor, Licensing and Regulation
Requirements to Take Step 3 of the USMLE Examination
Received by Lt. Governor May 5, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date April 11, 1995
The following was received:
Document No. 1726
Promulgated by Department of Health and Environmental Control
State Underground Petroleum Environmental Response Bank (Superb) Site Rehabilitation and Fund Access Regulation
Received by Lt. Governor February 22, 1994
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 29, 1995
Withdrawn and resubmitted March 28, 1994
Withdrawn and resubmitted May 5, 1994
On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.
Senator GIESE rose to a Point of Personal Privilege.
The following were introduced:
S. 1402 -- Senator Reese: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA AT PUBLIC ASSEMBLIES OF HORSES, SO AS TO REVISE THE TESTING REQUIREMENTS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1404 -- Senators Patterson, Giese, Jackson and Courson: A CONCURRENT RESOLUTION CONGRATULATING JOHN W. FLING OF COLUMBIA ON BEING NAMED THE "1994 OUTSTANDING OLDER SOUTH CAROLINIAN".
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 5192 -- Reps. Cobb-Hunter, Trotter and Byrd: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.
Whereas, each year 8,000 of America's children die from unintentional injuries while an additional 50,000 are permanently disabled; and
Whereas, on average, one child dies of an injury in South Carolina every twenty-one and one-half hours, and South Carolina's childhood injury rate is twenty-two percent higher than the national rate; and
Whereas, these tragic injuries, so called "accidents", are often predictable and preventable; and
Whereas, May 8-14, 1994, has been proclaimed National SAFE KIDS Week, and during that week hundreds of communities nationwide will be focusing on childhood injury prevention activities; and
Whereas, the South Carolina SAFE KIDS Coalition, which is affiliated with the National SAFE KIDS Campaign, has been established to help promote awareness and prevent childhood injury by uniting diverse groups into local coalitions; and
Whereas, the National SAFE KIDS Campaign, supported by Johnson and Johnson, is uniting with state and local SAFE KIDS coalitions and other childhood injury prevention activities to provide vital child safety information. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, declares Wednesday, May 11, 1994, as "SAFE KIDS DAY".
Referred to the Committee on Invitations.
H. 5194 -- Reps. Meacham and Waites: A CONCURRENT RESOLUTION TO EXTEND A HEARTY WELCOME TO THE COLORADO SILVER BULLETS, THE FIRST ALL WOMEN'S PROFESSIONAL BASEBALL TEAM SINCE THE 1950'S, TO FORT MILL, SOUTH CAROLINA, FOR THE OPENING GAME OF THEIR FIRST SEASON AT KNIGHTS CASTLE STADIUM, TO WELCOME THEM TO THE GREAT SPORT OF BASEBALL, AND TO WISH THEM THE BEST OF LUCK IN THE UPCOMING SEASON.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5195 -- Rep. Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL BAND FOR ITS OUTSTANDING ACCOMPLISHMENTS DURING THE 1993-94 SCHOOL YEAR INCLUDING RECEIPT OF MANY HONORS AND AWARDS AND FOR BEING INVITED TO PARTICIPATE IN THE 1995 TOURNAMENT OF ROSES PARADE IN PASADENA, CALIFORNIA.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3490 -- Reps. Neilson, Farr, G. Bailey, Hines, Corning, Shissias, Hutson, Wells, Jaskwhich, Harrelson, Vaughn, Anderson, Davenport, Chamblee, Allison, Littlejohn, Cato, Stone, Haskins, Fair, Walker, Robinson and Marchbanks: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.
Read the first time and referred to the General Committee.
H. 4576 -- Reps. McLeod and Littlejohn: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4656 -- Reps. T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart and Wofford: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4920 -- Reps. Rudnick, Stone and Sharpe: A BILL TO AMEND SECTION 50-11-703, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF LIGHTS FROM VEHICLES TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 1, SO AS TO INCLUDE GAME ZONE 3.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 5009 -- Reps. Farr, Snow, McCraw, Littlejohn, Walker, Davenport, Simrill, Rhoad, Stille, Hines, Mattos, Wells, D. Smith, Stone, Kirsh, Delleney, Vaughn, Robinson, Anderson, Allison, Spearman, D. Wilder, Meacham, Baker, Tucker, Fair, Chamblee, Haskins, Graham, Cato, Waldrop, Marchbanks and Carnell: A JOINT RESOLUTION TO PROVIDE FOR AN EXPERIMENTAL RABBIT HUNTING SEASON IN GAME ZONES 1, 2, AND 4.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.
Read the first time and referred to the Committee on Education.
H. 5092 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (AMENDED), DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5093 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS (AMENDED), DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5094 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 5102 -- Reps. Wells and Allison: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY AND SECTION 20-7-680, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT CERTAIN IDENTIFYING AND STATISTICAL INFORMATION ON INDICATED CASES OF ABUSE AND NEGLECT MUST BE RETAINED IN ACCORDANCE WITH A RETENTION SCHEDULE PROMULGATED BY THE DEPARTMENT IN REGULATION RATHER THAN REQUIRING THE DEPARTMENT TO ONLY MAINTAIN THESE RECORDS FOR SEVEN YEARS.
Read the first time and referred to the General Committee.
Senator WASHINGTON from the General Committee submitted a favorable report on:
S. 1325 -- Senators Moore, Short and Jackson: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 1398 favorable:
S. 1398 -- Senator Setzler: A CONCURRENT RESOLUTION PROCLAIMING THE MONTH OF MAY AS "CERTIFIED INTERNAL AUDITOR MONTH".
Courson Peeler Wilson
Matthews Patterson Stilwell
Russell Passailaigue
Thomas O'Dell
Ordered for consideration tomorrow.
Senator PEELER from the General Committee submitted a favorable report on:
H. 3692 -- Reps. Vaughn, Waldrop, J. Bailey, Hines, Farr, Kirsh, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Wofford, Chamblee, Corning, Cato, Holt, Harrelson, Davenport, Moody-Lawrence, P. Harris, Gonzales, Witherspoon, Cooper, Byrd, Riser, Wright, D. Wilder, Mattos, Houck, Jaskwhich and Klauber: A BILL TO AMEND SECTION 20-7-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ADOPTIONS, SO AS TO REVISE THE DEFINITION OF CHILD PLACING AGENCY.
Ordered for consideration tomorrow.
Senator PEELER from the General Committee submitted a favorable with amendment report on:
H. 3693 -- Reps. Vaughn, Moody-Lawrence, Waldrop, J. Bailey, Kirsh, Farr, Holt, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Hines, Huff, Cato, Harrelson, Witherspoon, Wofford, P. Harris, Gonzales, Cooper, Klauber, Davenport, Byrd, Chamblee, Houck, Riser, D. Wilder, Lanford, Wright, Jaskwhich, Mattos, Haskins and Corning: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHERE THE CHILD HAS BEEN IN FOSTER CARE FOR SIX MONTHS AFTER REQUIRED CONSENTS HAVE BEEN OBTAINED AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Ordered for consideration tomorrow.
Senator PEELER from the General Committee submitted a favorable with amendment report on:
H. 4139 -- Rep. Stone: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT A CHILD, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON MAY PETITION TO ADOPT A CHILD WHO IS IN THE CUSTODY OF THE STATE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTION 20-7-1690, RELATING TO CONSENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE CERTAIN CONDITIONS UNDER WHICH FOSTER PARENTS MAY ADOPT A FOSTER CHILD.
Ordered for consideration tomorrow.
Senator MOORE from the General Committee submitted a favorable report on:
H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.
Ordered for consideration tomorrow.
Senator STILWELL from the General Committee submitted a favorable report on:
H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator MOORE from the General Committee submitted a favorable report on:
H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator MOORE from the General Committee submitted a favorable report on:
H. 5160 -- Reps. T.C. Alexander and Graham: A CONCURRENT RESOLUTION SUPPORTING THE EFFORTS OF OCONEE COUNTY AND ITS OUTSTANDING CITIZENS TO BE DESIGNATED A "WORLD WAR II COMMEMORATIVE COMMUNITY" BY THE UNITED STATES DEPARTMENT OF DEFENSE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
Senator LEVENTIS objected to consideration of any Bills on the local and statewide uncontested Calendar.
THE SENATE PROCEEDED TO H. 4820, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Senate Finance Committee.
Senator RICHTER made a Parliamentary Inquiry as to what rule allows the General Appropriation Bill to be placed at the beginning of the Calendar.
Senator DRUMMOND spoke on the Bill.
Senator McCONNELL raised a Point of Order that the desk has amendments to the House Bill and under Jefferson's, "friends of the Bill have the opportunity to amend or perfect the Bill" since the Senate Finance Committee Report was a strike and insert amendment.
Senator LEATHERMAN spoke on the Point of Order.
Senator WILLIAMS spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that the unanimous consent request made by Senator DRUMMOND and adopted on Thursday, April 28, 1994, made provision for Points of Order to be taken up on Thursday, May 5, 1994, and that amendments would be taken up at 9:30 A.M., on Monday, May 9, 1994.
The PRESIDENT sustained the Point of Order.
Senator SETZLER asked unanimous consent to make a motion that the subcommittee chairmen be granted leave to explain their reports.
Senator MACAULAY requested a Ruling from the PRESIDENT on the Point of Order raised by Senator McCONNELL.
Senator SETZLER raised a Point of Order that the pending motion before the body was the unanimous consent motion to grant leave to the subcommittee chairmen to explain their reports.
Senator MACAULAY objected.
At 12:25 P.M., Senator MITCHELL requested a leave of absence until Monday, May 9, 1994, at 9:30 A.M.
Senator SETZLER asked unanimous consent to make a motion that the chairmen of the respective subcommittees of the Senate Finance Committee be granted leave to address brief remarks to the Senate.
There was no objection.
Senator SETZLER was recognized to make a report to the members of the Senate regarding the work of the subcommittee on education relating to the General Appropriation Bill.
Senator J. VERNE SMITH was recognized to make a report to the members of the Senate regarding the work of the subcommittee on health and human services relating to the General Appropriation Bill.
At 1:00 P.M., Senator STILWELL requested a leave of absence until Monday, May 9, 1994, until 9:30 A.M.
Senator LAND was recognized to make a report to the members of the Senate regarding the work of the subcommittee on personal service/budget relating to the General Appropriation Bill.
Senator McCONNELL spoke on the Bill.
At 1:45 P.M., Senator GIESE requested a leave of absence for the balance of the day.
Senator PASSAILAIGUE spoke on the Bill.
Senator ROSE spoke on the Bill.
Senator PATTERSON spoke on the Bill.
Senator MOORE spoke on the Bill.
At 2:20 P.M., Senator DRUMMOND moved that the Senate stand adjourned.
Senator McCONNELL raised a Point of Order that because the unanimous consent request to take up Points of Order had already been agreed upon, the motion to adjourn was out of order.
At 2:25 P.M., Senator DRUMMOND amended the motion to raise the Points of Order so they could be considered and then the Senate would stand adjourned.
Senator MARTIN raised a Point of Order that the motion to adjourn is the highest motion and must be considered by the body.
Senator ROSE spoke on the Point of Order.
On motion of Senator DRUMMOND, with unanimous consent, the motion to adjourn was withdrawn.
Senator MACAULAY, with unanimous consent, was granted leave to address the body.
Senator McCONNELL raised a Point of Order that Part II, Section 7 of the Senate Finance Committee Report was violative of Section 11-11-140 of the S.C. Code of Laws, 1976, as amended.
Senator LAND spoke on the Point of Order.
Senator JACKSON spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator WILLIAMS spoke on the Point of Order.
Senator MACAULAY spoke on the Point of Order.
The PRESIDENT took up the Point of Order raised by Senator McCONNELL regarding Part II, Section 7 of the Senate Finance Committee Report being in violation of Section 11-11-140 of the S.C. Code of Laws, 1976, as amended, and overruled the Point of Order as it related to subsection (A) of Section 7 and sustained the Point of Order as it related to subsection (B) of Section 7.
Senator DRUMMOND appealed the Ruling by the PRESIDENT.
Senator LAND made a motion to adjourn debate on the appeal.
Senator LEVENTIS made a Parliamentary Inquiry as to whether the appeal of the Ruling of the PRESIDENT pertained to the Ruling on Part II, Section 7B, which was sustained.
The PRESIDENT stated that that was correct.
Senator McCONNELL raised a Point of Order that the motion to adjourn debate on the appeal was out of order inasmuch as it was not debatable.
Senator WILLIAMS moved that the Senate stand adjourned.
Senator PASSAILAIGUE objected.
Senator PASSAILAIGUE raised a Point of Order that the motion to adjourn was out of order.
Senator LEVENTIS raised a Point of Order that it would take unanimous consent to make the motion to adjourn.
Senator MATTHEWS raised a Point of Order that the motion to adjourn was the highest motion at all times.
Senator PASSAILAIGUE spoke on the Point of Order.
The PRESIDENT sustained the Point of Order raised by Senator MATTHEWS.
Senator DRUMMOND was recognized.
Senator LAND raised a Point of Order that the motion before the Senate was the motion to adjourn.
Senator PASSAILAIGUE objected.
The PRESIDENT sustained the Point of Order.
The question then was the motion to adjourn.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Ford Glover
Jackson Land Lander
Leatherman Martin Matthews
McGill O'Dell Patterson
Smith, J.V. Waldrep Washington
Williams
Cork Courson Courtney
Elliott Gregory Hayes
Leventis Macaulay McConnell
Mescher Moore Passailaigue
Peeler Rankin Reese
Richter Rose Russell
Ryberg Short Smith, G.
The Senate refused to adjourn.
Senator LAND made a Parliamentary Inquiry as to the question before the body.
The PRESIDENT stated that the question was the motion to adjourn debate on the motion to appeal the Ruling by the PRESIDENT.
Senator McCONNELL raised a Point of Order that the question before the body was the motion to appeal the Ruling by the PRESIDENT and not the motion to adjourn debate inasmuch as the appeal was not debatable.
Senator LAND spoke on the Point of Order.
Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not Points of Order would be received on H. 4820, the General Appropriation Bill, solely, or also be received on H. 4821, the Capital Reserve Fund, and H. 4822, the Supplemental Appropriation Bill.
The PRESIDENT stated that all Points of Order would be received at this time and that the Senate would then return to the question of whether to adjourn debate on the appeal of the Ruling by the PRESIDENT.
Senator PASSAILAIGUE raised a Point of Order that Part II, Section 3, was violative of Sections 12-7-435 and 11-11-440 of the S.C. Code of Laws, 1976, as amended.
Senator LAND spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator PASSAILAIGUE raised a Point of Order that Part II, Section 4, was violative of Section 11-11-440 of the S.C. Code of Laws, 1976, as amended.
Senator LAND spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that Part II, Section 8 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 22 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 28 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 31 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 35 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 38 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 42 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 44 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 53 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 54 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 61 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 64 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 64 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it is violative of Sections 48-48-80(g) and 48-48-90 of the S. C. Code of Laws, 1976, as amended.
Senator LAND spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that Part II, Section 65 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 66 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 67 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 68 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 72 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator PASSAILAIGUE raised a Point of Order that Part II, Section 80 was violative of Sections 11-11-440 and 42-2-90(b) of the S. C. Code of Laws, 1976, as amended.
Senator LAND spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that Part II, Section 81 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 85 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 87 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 88 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it is violative of Section 58-17-4095 of the S. C. Code of Laws, 1976, as amended.
Senator LAND raised a Point of Order that Part II, Section 89 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it related to expenditures beyond Fiscal Year 1994-95.
Senator McCONNELL raised a Point of Order that Part II, Section 90 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 91 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 93 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part II, Section 96 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part I, Proviso 14.1, of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator PATTERSON raised a Point of Order that Part I, Proviso 19.83 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL raised a Point of Order that Part I, Proviso 129.59 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.
Senator PASSAILAIGUE raised a Point of Order that Section I, Item 2 of the Supplemental Appropriation Bill was violative of Article X, Section V of the S. C. Constitution.
Senator PASSAILAIGUE raised a Point of Order that Section I, Item 2 of the Supplemental Appropriation Bill was violative of Section 11-1-40(b) of the S. C. Code of Laws, 1976, as amended.
Senator PASSAILAIGUE raised a Point of Order that Section I, Item 2 of the Supplemental Appropriation Bill was violative of Section 11-1-80 of the S. C. Code of Laws, 1976, as amended.
Senator PASSAILAIGUE raised a Point of Order that Section I, Item 2 of the Supplemental Appropriation Bill was violative of Section 11-1-130 of the S. C. Code of Laws, 1976, as amended.
Senator LEVENTIS spoke on the Point of Order.
Senator PASSAILAIGUE raised a Point of Order that Section I, Item 2 of the Supplemental Appropriation Bill was violative of Sections 44-2-20(3) and 44-2-40(c) of the S. C. Code of Laws, 1976, as amended.
Senator LEATHERMAN spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order
Senator J. VERNE SMITH spoke on the Point or Order.
The PRESIDENT took the Points of Order under advisement.
At 4:15 P.M., Senator MARTIN requested a leave of absence for the balance of the day.
Senator LAND amended the motion to adjourn debate until Monday, May 9, 1994, on the question of whether the Ruling by the PRESIDENT should be appealed.
Senator McCONNELL raised a Point of Order that the question before the body was the motion to appeal the Ruling by the PRESIDENT and not the motion to adjourn debate inasmuch as the appeal was not debatable.
The PRESIDENT overruled the Point of Order and stated that the motion to appeal the Ruling by the PRESIDENT is a debatable motion and, furthermore, it presents a question which is of such importance that in all respects it is treated as a main motion.
The question then was the motion to adjourn debate until Monday, May 9, 1994, on the question of whether the Ruling by the PRESIDENT should be appealed.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Ford Glover
Jackson Land Lander
Leatherman Matthews McGill
O'Dell Patterson Rankin
Reese Smith, G. Smith, J.V.
Waldrep Washington Williams
Cork Courson Courtney
Elliott Gregory Hayes
Leventis Macaulay McConnell
Mescher Moore Passailaigue
Peeler Richter Rose
Russell Ryberg Short
The PRESIDENT declined to vote.
Senator MOORE assumed the Chair.
Senator RICHTER made a Parliamentary Inquiry as to whether the motion failed inasmuch as the PRESIDENT declined to break the tie vote.
The ACTING PRESIDENT stated that that was correct.
Senator LAND made a Parliamentary Inquiry as to the pending question.
The ACTING PRESIDENT stated that the question before the Senate was `Shall the decision of the PRESIDENT be upheld?'.
Senator LAND was recognized to speak on the motion.
Senator LEVENTIS raised a Point of Order that the motion was not debatable.
The ACTING PRESIDENT overruled the Point of Order.
Senator LAND spoke on the motion.
Senator WILLIAMS asked unanimous consent, with Senator LAND retaining the floor, to make a motion that the Senate stand adjourned.
Senator LEVENTIS objected.
Senator WILLIAMS was recognized.
At 4:58 P.M., Senator WILLIAMS moved that the Senate stand adjourned.
Debate was interrupted by adjournment.
At 4:58 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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