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Reports must be separately made on each Bill or Resolution and shall be signed by the Chairman or such Senator as the Chairman may designate.

No Bill or Joint Resolution may be polled out of a Standing Committee unless at least two-thirds (2/3) of the committee members are polled and a majority of the entire membership of the committee votes in favor of polling the legislation out. The poll results must be certified by the Chairman and a copy of the results must be given to the Clerk to be published in the Journal.

Notwithstanding the provisions of Rule 33 and unless otherwise ordered by the Senate, when the annual General Appropriation Bill or any reapportionment bill is received by the Senate to be placed on the calendar, it shall be placed in a position under the masthead of the calendar as the first order of business to be taken up each day immediately following the conclusion of the call of the Uncontested Local or Statewide Calendar.

When a question is under debate, no motion shall be entertained but

1. To adjourn

2. To adjourn to a date and time certain

3. To recede for a fixed period of time or to a time certain

4. To take up order of the day

5. To continue

6. To lay on the table

7. To adjourn debate to a certain day or to adjourn debate

8. To carry over

9. To strike out the enacting clause

10. To commit

11. To amend

which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first eight (8) of which shall be determined without

Provided, however, when a Bill is under debate, a motion to carry over may be made by the Senator having the floor, with such Senator retaining the floor on that Bill upon an affirmative vote of twenty-six (26) members of the Senate. Provided, that when a Bill is under debate and a motion to carry over is authorized and made by the Chairmen's Committee, the Senator having the floor may retain the floor on that Bill upon a majority vote of those members present and voting. No motion to carry over, either by an individual Senator or by the Chairmen's Committee, shall be in order for any Bill in the status of Interrupted Debate. The failure of a motion to carry over by an individual Senator or by the Chairmen's Committee shall not cause the member who has the floor to lose the floor. When a motion to adjourn debate is passed, the Bill to which it applies is subject to consideration on the next legislative day that the Senate reaches that order of business. When a motion to adjourn debate to a date certain is passed, the Bill to which it applies is not subject to consideration until the date so specified, if the Senate reaches that order of business. If the Senate does not reach that order of business, the Bill remains in adjourned debate status.

A motion to ratify acts may only be made by the Chairman or an authorized member of the Chairmen's Committee and may be made at any time.
Whenever a member who has been recognized and properly holds the floor makes a motion relating to any business, matter or other question before the Senate, such motion shall require a majority vote unless otherwise provided. If a request is made to repeat or restate any such motion, it shall only be repeated or restated by the member originally making the motion.

When there is a request for a roll call on any question, and it shall be required by five Senators, the question shall be decided by the ayes and noes, and on taking the same, no Senator who is absent when the affirmative and negative have both been put and the result announced by the President, shall be allowed to vote without leave of the Senate, and such vote, when allowed, shall not affect the result.

In taking the ayes and noes, and upon a call of the Senate, the names of the Senators shall be called alphabetically. Under the call of the ayes

Paired votes shall be recorded by the Clerk when authorized by the members to be so recorded. The member casting the paired vote must be present in the Chamber at the time of the vote in order for the paired vote to be recorded.
Unless a roll call of the Senate is ordered or a division is ordered, the decision of the Senate on any question other than unanimous consent shall be taken by all members voting "viva voce".

(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President Pro Tempore of the Senate in consultation with provided, however, the Chairman of the committee of jurisdiction on the Bill subject to conference must concur as to two of the appointees. Provided that the The conference committee on any Resolution affecting sine die adjournment shall be appointed by the Chairmen's Committee President Pro Tempore.

When considering confidential or executive business the Senate shall be cleared of all persons except the President, the Senators, the Clerk of the Senate, the Reading Clerk, and the Assistant Clerks designated by the Clerk of the Senate, the Sergeant-at-Arms and Assistant Sergeant-at-Arms of the Senate.

All appointments made by the Governor and delivered to the Senate shall be referred to such committee of the Senate as the President or the Senate may direct. Such appointment shall be considered at the next meeting of such committee or such other time as the committee may determine. No report may be made on an appointment unless and until the committee has held a screening hearing and given the appointee an opportunity to appear before the committee. A screening hearing or any portion of a screening hearing, may be held in Executive Session upon the vote of two-thirds (2/3) of the members of the committee present and voting. Any information or material provided to or developed by the committee in an Executive Session and any communications between a Committee Chairman and the appointing authority must be held confidential and only reported to the full Senate in Executive Session. If a committee fails to make a report on an appointment to the full Senate within two (2) weeks after a screening hearing, then the Senate may recall the appointment in Executive Session. All committee reports on any

Before going into Executive Session, the Senate shall vote in open session on the question of whether to go into Executive Session. When a motion to go into Executive Session is agreed to, the President shall announce publicly the purpose or purposes of the Executive Session as specified by the member making the motion. No final action may be taken by the Senate in the Executive Session on appointments. For the purpose of this Rule, `final action' means a decision by the Senate which constitutes a dispositive act regarding the consideration of an appointment. No vote may be taken on a final action in Executive Session, and the confirmation of appointments must be voted on in open session.

When the Senate rises from an Executive Session and the report of an Executive Session is received by the Senate, the final question on every appointment shall be: "Will the Senate advise and consent to this appointment?" Confirmation of statewide appointments shall be by roll call vote unless otherwise agreed to by unanimous consent.

Messages containing appointments may be published in the Journal when received as other messages, and the fact that an appointment has been made or that it has been confirmed or rejected shall not be regarded as a secret. When considering appointments in Executive Session, all information communicated, or remarks made by a Senator concerning the character or qualifications of the person appointed and any action or failure to act on any appointment(s) shall be kept secret.

Other messages from the Governor pertaining to confidential matters shall be subject to such secrecy or publication as the Senate, in each instance, may order.

Any Member or Officer of the Senate who violates the secrecy provisions of this rule shall be subject to the provisions of Rule 45 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of Laws.

During the motion period, any motion pertaining to the business of the Senate may be made. When a motion is made to set a Bill for Special Order, time shall be given to one proponent and one opponent to speak on the motion. Such remarks shall be limited in the discretion of the presiding officer provided, that no Bill may be taken up during the motion period for the purpose of debating the merits of the Bill or for the purpose of giving the Bill a reading. Procedural motions shall be decided without debate; provided, that procedural motions which present a main question,

During the motion period all motions to set a Bill or Resolution for Special Order on a subsequent Legislative day shall be in order irrespective of whether the bill or resolution was given a reading on the legislative day the motion is made. and said Said motions shall be considered in the priority established by the recognition of the Senators making said motions. Each such motion shall relate to a separate Bill which shall have been on the Calendar for a minimum of six statewide legislative days. Except for explanatory remarks authorized in subsection A, such motions shall be determined without debate and by two-thirds (2/3) vote of the Senators present. Provided, that, when authorized by eight (8) members of the Chairmen's Committee, a motion to set a bill for Special Order, shall require a vote of a majority of the members present. At no time may the Special Order calendar have more than one Bill which is set for Special Order by a motion authorized by the Chairmen's Committee. During the motion period, no Bill or Resolution can be made a Special Order ahead of Bills or Resolutions which have already been placed in the status of Adjourned Debate.

If a Bill is set for Special Order on a date and/or time certain, such Bill is not subject to consideration at the specified date and/or time unless the Senate reaches that order of business or unless by unanimous consent the Senate has agreed that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time.

The Senate Resolution was ordered placed on the Calendar without reference.

S. 339 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE MR. DAVID R. MERCER, THE NATIONAL EXECUTIVE DIRECTOR OF THE YMCA OF THE UNITED STATES, FOR HIS DEDICATION AND EXEMPLARY SERVICE TO THE YMCA OVER THE LAST THIRTY-FIVE YEARS.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 340 -- Senator Elliott: A CONCURRENT RESOLUTION URGING THE CONGRESSIONAL DELEGATION OF THIS STATE TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION, FOR RATIFICATION BY THE STATES, SPECIFYING THAT CONGRESS AND THE STATES SHALL HAVE

Whereas, the flag of the United States of America is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults and remains the destination of millions of immigrants attracted by the universal power of the American ideal; and

Whereas, the right of free speech contained in the First Amendment to the United States Constitution is one of the basic rights which has contributed to the flourishing of democracy under the banner of the American flag; and

Whereas, the Supreme Court of the United States, in interpreting the First Amendment and promulgating our system of free expression, has recognized that certain forms of speech or expressive conduct are not entitled to the full protection of the First Amendment and that other forms of speech or expressive conduct, while afforded protection by the First Amendment, can nevertheless be regulated or prohibited because they are likely to provoke imminent unlawful confrontation and public disorder; and

Whereas, there are symbols of our national soul such as the Washington Monument, the United States Capitol Building, the Tomb of the Unknown Soldier, the Vietnam Memorial, and memorials to our greatest leaders which belong to every American and are therefore worthy of protection from desecration and dishonor; and

Whereas, the American flag is likewise part of the pantheon of national treasures which are emblematic of the ideals and values of this most noble experiment of a nation-state; and

Whereas, the wanton destruction of the American flag is repugnant to most Americans, especially those who have fought and sacrificed on behalf of this great country, and is viewed by many as an assault on our nation and its ideals. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, urges the Congressional Delegation of this State to propose an amendment to the United States Constitution, for ratification by the states, specifying that Congress and the states shall have the power, consistent with the American legal system of freedom of expression, to prohibit wanton destruction of the flag of the United States of America.

Referred to the Committee on Judiciary.

S. 341 -- Senators Passailaigue, Ford, McConnell, Richter, Rose, Greg Smith and Washington: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF MR. MILTON ALFRED PEARLSTINE, PRESIDENT OF I.M. PEARLSTINE AND SONS, CHARLESTON'S OLDEST CONTINUOUSLY OPERATED FAMILY BUSINESS.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 342 -- Senators Courson, Giese, Patterson and Jackson: A CONCURRENT RESOLUTION TO HONOR CAPTAIN DAVID NEWTON DENTON, EXECUTIVE DIRECTOR OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION AND VETERANS AFFAIRS OFFICER, ON THE OCCASION OF HIS RETIREMENT.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 343 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF DR. MARION WOODARD WRIGHT MCLESTER OF REMBERT WHO DIED FRIDAY, DECEMBER 30, 1994.

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

S. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, Life Abilities - The Easter Seal Society of South Carolina has again embarked upon its most worthwhile project to raise funds for

Whereas, under the statewide leadership of Lynn B. Bagnal, State Easter Seal Chairwoman, ably assisted by Rick Johnson, State President and John L. Caudle II, Executive Director of the South Carolina Law Enforcement Officers Association, Thomas L. Sponseller, Executive Director and Skip Condon, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 22, 1995; and

Whereas, the "B.A.C." project and all other programs of Easter Seals deserve the support, merit, and praise of all citizens of the State. Now, therefore,

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

That Wednesday, March 22, 1995, is designated "Children and Adults with Disabilities Day" in South Carolina and that Robert Clay Smith, son of Mr. and Mrs. Robert Smith of Darlington County; Amy King, daughter of Mr. and Mrs. Javan King of Spartanburg County; Brittany Ann Carter, daughter of Regina Carter of Georgetown County; Angela and Amber Gail Lowe, mother and daughter, of Anderson County; Luther and Mary Ellen Gower, husband and wife, of Richland County; and Christopher Lawrence, son of Judy Lawrence of Pickens County, who have been chosen to serve as State Easter Seal Representatives, be presented to the General Assembly in a joint session in the Hall of the House of Representatives on Wednesday, March 22, 1995.

Be it further resolved that the General Assembly extends to Easter Seals and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.

Be it further resolved that a copy of this resolution be forwarded to Joseph D. Jones, President and Chief Executive Officer of Easter Seals, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project and to the state Easter Seal Representatives.

Referred to the Committee on Invitations.

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

S. 346 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell, and J. Verne Smith: A BILL TO AMEND SECTION 44-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HEALTH PLAN, SO AS TO REQUIRE IN THE PLAN THE IMPACT OF THE TREATMENT AND CARE OF PATIENTS WITH ALZHEIMER'S DISEASE AND RELATED DISORDERS.

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

S. 347 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.

Read the first time and referred to the Committee on Banking and Insurance.

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

S. 349 -- Senator Giese: A BILL TO ESTABLISH THE OFFICE OF SCIENCE AND TECHNOLOGY AS AN INDEPENDENT AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT FOR THE PURPOSE OF EVALUATING TECHNOLOGY FOR STATE AND LOCAL GOVERNMENT OPERATIONS AND MAKING FINDINGS AND RECOMMENDATIONS REGARDING SUCH TECHNOLOGY, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THIS OFFICE AND FOR RELATED MATTERS.

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

S. 350 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell, and J. Verne Smith: A BILL TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.

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

S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE

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

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