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At 12:50 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 11:00 A.M.

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, the Honorable Robert L. Peeler.

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

Beloved, hear words recorded in the Gospel of St. John (15:5):

"I am the vine, you are the branches; he

that abideth in Me and I in him, the

same bringeth forth much fruit."
Let us pray.

Invisible Lord, who walked the earth in human flesh, help us to believe in the mystical union of the Creator with the creature! We believe that Your highest creation is the human race... created in Your image... into whom You breathed Your breath.

You are the light of the minds that know You. You are the life of the hearts that live in fellowship with You by the reality of faith and trust.

Show us how, in the quest of the mind for truth, and the desire of the heart for love, we can be one with You in Your creative purposes.

We pray in the spirit of Him who is the Way... the Truth... and the Life.

Amen.

On motion of Senator PEELER, with unanimous consent, the PRESIDENT was granted leave to address the members of the Senate.

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

January 11, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Director of the South Carolina Department of Juvenile Justice, with term to commence January 11, 1995, and to expire at the pleasure of the Governor:

Ms. Flora Brooks Boyd, 200 Patio Drive, Columbia, S.C. 29212

Referred to the Committee on Corrections and Penology.

Reappointment, Director of the South Carolina Department of Parks, Recreation and Tourism, with term to commence January 11, 1995, and to expire at the pleasure of the Governor:

Ms. Grace G. McKown, 512 Greene Street, Camden, S.C. 29020

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Director of the South Carolina Department of Commerce, with term to commence January 11, 1995, and to expire at the pleasure of the Governor:

Mr. Robert V. Royall, Jr., 4632 Perry Court, Columbia, S.C. 29206 VICE John A. Warren (resigned)

Referred to the Committee on Labor, Commerce and Industry.

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

Document No. 1755
Promulgated by Department of Social Services
Group Day Care Homes
Received by Lt. Governor January 4, 1995
Referred to Senate General Committee
120 day review expiration date May 10, 1995

Document No. 1770
Promulgated by Coastal Council
Permitting of New Marinas in Waters Classified for Shellfish Harvesting
Received by Lt. Governor July 22, 1994
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date May 10, 1995

Document No. 1776
Promulgated by Department of Health and Environmental Control
Radioactive Materials (Title A)
Received by Lt. Governor July 5, 1994
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 10, 1995

Document No. 1780
Promulgated by Workers' Compensation Commission
Administrative Changes in Procedure
Received by Lt. Governor August 1, 1994
Referred to Senate Committee on Judiciary
120 day review expiration date May 10, 1995

Document No. 1782
Promulgated by Department of Social Services
Aid to Families with Dependent Children and Title IV-A Emergency Assistance
Received by Lt. Governor July 22, 1994
Referred to Senate General Committee
120 day review expiration date May 10, 1995

Document No. 1787
Promulgated by Department of Natural Resources
Seasons and Bag Limits on WMA's
Received by Lt. Governor October 3, 1994
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date May 10, 1995

Document No. 1792
Promulgated by Department of Natural Resources
Field Trials
Received by Lt. Governor October 3, 1994
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date May 10, 1995

Document No. 1794
Promulgated by Coastal Carolina University
Traffic and Parking on Campus
Received by Lt. Governor October 31, 1994
Referred to Senate Committee on Education
120 day review expiration date May 10, 1995

Document No. 1803
Promulgated by Public Service Commission
Notices to Public
Received by Lt. Governor November 21, 1994
Referred to Senate Committee on Judiciary
120 day review expiration date May 10, 1995

Document No. 1805
Promulgated by Clemson University
Admission of Livestock, Quarantines, Meat and Poultry Inspections, Livestock Markets, Equine Sales Facilities and Equine Slaughter-only Assembly Point Facilities, and Camelids
Received by Lt. Governor January 3, 1995

Document No. 1817
Promulgated by Department of Insurance
Experience Modification for Staff Leasing Services Companies in the Workers' Compensation Assigned Risk Plan
Received by Lt. Governor January 4, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date May 10, 1995

Document No. 1832
Promulgated by Department of Natural Resources
Waccamaw River Heritage Preserve WMA
Received by Lt. Governor January 9, 1995
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date May 10, 1995

The following was received:

Document No. 1781
Promulgated by Budget and Control Board
Data Release for Medical Encounter Data and Financial Reports
Received by Lt. Governor September 13, 1994
120 day review expiration date May 10, 1995
Withdrawn and resubmitted September 13, 1994

The following was received:

Document No. 1690
Promulgated by Public Service Commission
Recovery of Fuel Costs by Electrical Utilities
Received by Lt. Governor May 3, 1994
Referred to Senate Committee on Judiciary
Withdrawn June 22, 1994

Senator MOORE introduced Dr. Ned Nicholson of Edgefield, S.C., Doctor of the Day.

S. 3 -- Senators Passailaigue, McConnell, Ford, Land, Mitchell, Rose, Waldrep and Elliott: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 143 SO AS TO ENACT THE EXCELLENCE CREATED THROUGH EXEMPLARY LEADERSHIP (EXCEL) PROGRAM TO PROVIDE SCHOLARSHIPS TO STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER LEARNING IN SOUTH CAROLINA WHO HAVE BOTH A "B" AVERAGE AND NO CRIMINAL CONVICTIONS, TO AUTHORIZE THE COMMISSION ON HIGHER EDUCATION TO ADMINISTER THE PROGRAM, TO SET ELIGIBILITY REQUIREMENTS BASED ON NEED, AND TO PROVIDE FOR FUNDING FROM NET PROCEEDS OF LOTTERY GAMES.

Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

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

I moved to recall S. 3 from the Education Committee and commit it to the Finance Committee so as to allow for adequate consideration of the fiscal matters contained therein as S. 3 is inextricably linked to S. 2, which is a Joint Resolution to establish a state-run lottery. It seems illogical for the Finance Committee to consider the establishment of a state lottery (S. 2) without having within its jurisdiction the companion Bill (S. 3) which specifies how a certain portion of that revenue would be spent. This is particularly true given that S. 4, which specifies how another portion of the revenue will be spent, was referred to the Finance Committee.

The following were introduced:

S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY

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

S. 358 -- Senators Courtney and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

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

S. 359 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-435 SO AS TO REQUIRE STATE AGENCIES, DEPARTMENTS, INSTITUTIONS, AND DIVISIONS TO PRINT CERTAIN INFORMATION UPON ALL WRITTEN COMMUNICATIONS AND PROVIDE PENALTIES.

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

S. 360 -- Senators Elliott and Reese: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE DEALER LICENSE PLATES, SO AS TO REVISE THE NUMBER OF PLATES ISSUED AND THE QUALIFICATIONS FOR SUCH PLATES.

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

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.

Returned with concurrence.

Received as information.

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

S. 334 -- Senators McGill, Glover and Leatherman: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

(By prior motion of Senator McGILL)

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

S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260,

Senator ROSE explained the Bill.

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