Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Prophet Micah, Chapter 6 (v.8):
"He hath showed thee, O man what is good;
And what doth the Lord require of thee,
But to do justly, and to love mercy,
and to walk humbly with thy God?"
Let us pray.
Lord God of us all, our land and our world are still bedeviled by violence.
We remember the non-violent themes of Martin Luther King, Jr., who said:
"ONE DAY WE SHALL ALL SIT DOWN AT THE TABLE OF BROTHERHOOD."
From Chechnya to California... and all points between... we are plagued by human strife.
If we cannot achieve a brotherhood "from sea to shining sea," help us to begin by remembering the words of St. Paul to the Corinthians, his Second Letter (13:13):
"And I will show you a still more excellent
way... SO FAITH, HOPE, LOVE ABIDE,
THESE THREE: BUT THE GREATEST OF THESE IS
LOVE."
Amen.
Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby 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. 1795
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Landfills
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995
Document No. 1798
Promulgated by Department of Health and Environmental Control
Definitions, Permit Requirements, and Emissions Inventory
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995
Document No. 1801
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Processing Facilities
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995
Document No. 1806
Promulgated by Department of Health and Environmental Control
Health Care Cooperative Agreements
Received by Lt. Governor January 13, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 13, 1995
Document No. 1807
Promulgated by Department of Health and Environmental Control
Camps
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995
Document No. 1808
Promulgated by Department of Health and Environmental Control
Food Service Establishments
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995
Document No. 1810
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Lead-Acid Batteries
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995
Senator LEATHERMAN introduced Dr. Steve Imbeau of Florence, S.C., Doctor of the Day.
The following were introduced:
S. 361 -- Senators Martin, Leatherman, J. Verne Smith, Peeler, Cork, Gregory, Drummond and Ryberg: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 78 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1075 SO AS TO PROHIBIT AN INSURER FROM INCREASING THE PREMIUM ON AN AUTOMOBILE LIABILITY INSURANCE POLICY SOLELY AS A RESULT OF A CLAIM FOR AN AUTOMOBILE ACCIDENT FILED BY AN INSURED IF THE INSURED WAS NOT AT FAULT NOR CONTRIBUTORILY NEGLIGENT; TO AMEND SECTION 38-77-30, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO PROVIDE FOR THE INCLUSION OF THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30(C); TO AMEND SECTION 38-77-110, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT ON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO EXPAND THE EXCEPTIONS WITH RESPECT TO ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30(B); TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND SHALL INSTRUCT THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, RELATING TO COLLISION AND COMPREHENSIVE INSURANCE COVERAGE, SO AS TO DELETE THE PROVISIONS OF THAT SECTION AND PROVIDE THAT AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE, INCLUDING COMPREHENSIVE PHYSICAL DAMAGE, COLLISION, FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER AND THAT NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, RELATING TO AUTOMOBILE INSURANCE AND THE DEFINITION OF "DAMAGES", SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO QUALIFY "DAMAGES" AS "ACTUAL DAMAGES" AND REQUIRE AN INSURER TO OFFER AN INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, PROVIDE THAT IF AN INSURED IS ENTITLED TO UNINSURED MOTORIST OR UNDERINSURED MOTORIST COVERAGE UNDER MORE THAN ONE POLICY, THE MAXIMUM AMOUNT THE INSURED MAY RECOVER MAY NOT EXCEED THE HIGHEST LIMIT OF SUCH COVERAGE PROVIDED FOR ANY ONE VEHICLE UNDER ANY ONE POLICY, AND PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT ON A PRESCRIBED FORM; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND OTHER MATTERS AND SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN LANGUAGE AND REQUIRE THAT SECURITY BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED BE INSURED, SO AS TO DEFINE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT, UPON THE LOSS OF INSURANCE, THE INSURED OBTAIN NEW INSURANCE OR SURRENDER VEHICLE REGISTRATION AND PLATES, WRITTEN NOTICE BY THE INSURER, SUSPENSION OF REGISTRATION AND PLATES, APPEAL OF SUSPENSION, ENFORCEMENT, AND PENALTIES, SO AS TO DELETE CERTAIN LANGUAGE, FURTHER DESCRIBE AND QUALIFY A MOTOR VEHICLE WHICH IS OR BECOMES AN UNINSURED MOTOR VEHICLE, AND DEFINE THE RESIDENT FOR WHOM THE LAPS OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT UNDER SECTION 38-73-760; TO AMEND CHAPTER 10 OF TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION, AND FINANCIAL SECURITY, BY ADDING AN ARTICLE 5 SO AS TO ENACT PROVISIONS FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT INSURERS OTHER THAN THOSE DESIGNATED AND APPROVED AS SPECIALIZED INSURERS BY THE CHIEF INSURANCE COMMISSIONER MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES, IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND CHAPTER 77 OF TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING AN ARTICLE 13 SO AS TO PROVIDE FOR A JOINT UNDERWRITING ASSOCIATION AND PROVIDE, AMONG OTHER THINGS, FOR THE ABOLITION OF THE REINSURANCE FACILITY UPON A CERTAIN DATE, THAT THE ADMINISTRATION OF THE PHASE OUT OF THE FACILITY IS TRANSFERRED TO THE ASSOCIATION, AND THAT, AS OF A CERTAIN DATE, THE FACILITY RECOUPMENT CHARGE MUST NOT BE INCLUDED IN THE RATE OR PREMIUM CHARGED BY THE INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE TO DRIVERS WHO QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE AN AUTOMOBILE INSURER TO OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, ISSUERS OF AUTOMOBILE INSURANCE POLICIES MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AS DEFINED BY SECTION 38-78-30 AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CERTAIN CONVICTIONS OCCURRING ON OR AFTER JANUARY 1, 1997; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, INCREASE THE PENALTIES, INCLUDING PROVISIONS FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AMONG OTHER THINGS; TO PROVIDE THAT, AFTER SEPTEMBER 30, 1996, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, AND PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE ASSOCIATION SHALL BE SET BY THE ASSOCIATION'S BOARD OF DIRECTORS; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT UPON THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY TO FILE AND EXPENSE COMPONENT AND USE OF THE COMPONENT AFTER APPROVAL, SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES WRITTEN BY AN INSURER FOR AN INSURED'S AUTOMOBILE MUST BE WRITTEN IN THE SAME POLICY, WITH EXCEPTIONS AND QUALIFICATIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT INSURERS AND AGENTS MAY NOT REFUSE THE ACCEPTANCE OF AUTOMOBILE INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO AUTOMOBILE INSURANCE, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SO AS TO SUBSTITUTE THE JOINT UNDERWRITING ASSOCIATION FOR THE REINSURANCE FACILITY AND PROVIDE THAT AN INSURER MAY NOT CEDE COVERAGES UNDER A POLICY THAT IT IS NOT MANDATED BY LAW TO WRITE EXCEPT FOR TORT LIABILITY AND PERSONAL PROTECTION COVERAGES AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE FOR A SEVERABILITY CLAUSE, INCLUDING, AMONG OTHER THINGS, A PROVISION THAT IF SECTION 38-78-110 IS FOUND TO BE UNCONSTITUTIONAL OR INVALID, PERSONAL PROTECTION INSURERS HAVE NO OBLIGATION TO PAY PERSONAL PROTECTION BENEFITS WITH RESPECT TO ACCIDENTS OCCURRING ON OR AFTER THE DATE OF THE FINDING OF SUCH UNCONSTITUTIONALITY OR INVALIDITY AND, IN ADDITION, ARE SUBROGATED TO ALL OF THE RIGHTS OF PERSONAL PROTECTION INSUREDS FOR ALL PREVIOUS SUCH BENEFITS PAID.
Read the first time and referred to the Committee on Banking and Insurance.
S. 362 -- Senators Cork and Washington: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.
Read the first time and referred to the Committee on Corrections and Penology.
S. 363 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE VI AND SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING RESPECTIVELY TO ELECTIVE OFFICERS AND THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF OFFICERS WHO MUST BE ELECTED AND TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION WITH QUALIFICATIONS AS PRESCRIBED BY THE BOARD AND BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING THAT THE BOARD SHALL CONSIST OF ONE MEMBER ELECTED BY THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.
Read the first time and referred to the Committee on Education.
S. 364 -- Senators Bryan, Washington, Elliott and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-33-120 THROUGH 59-33-200 SO AS TO REQUIRE AN EXTENDED SCHOOL YEAR PROGRAM FOR CHILDREN WITH DISABILITIES TO BE ESTABLISHED IN EACH SCHOOL DISTRICT, DEFINE TERMS, AND PROVIDE FOR PURPOSES, SCREENING, QUALIFICATION, DEVELOPMENT OF AN ADDENDUM TO THE INDIVIDUALIZED EDUCATIONAL PLAN, REVIEW BY THE MULTIDISCIPLINARY EVALUATION TEAM, RESPONSIBILITIES FOR DEPARTMENT OF EDUCATION, REFUSAL TO PARTICIPATE, AND TRANSPORTATION.
Read the first time and referred to the Committee on Education.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Senator SETZLER spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 366 -- Senators Bryan, Alexander and Giese: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.
Read the first time and referred to the Committee on Finance.
S. 367 -- Senator Thomas: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE AN EXEMPTION FOR THE DWELLING HOUSE OF A DISABLED PERSON UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Finance.
S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.
Read the first time and referred to the Committee on Finance.
S. 369 -- Senator McGill: A BILL TO AMEND SECTION 9-1-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF A CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR THE MEMBER'S FORMER EMPLOYMENT BY A MUNICIPALITY WHICH WAS NOT A COVERED EMPLOYER AT THE TIME OF SUCH EMPLOYMENT, SO AS TO EXTEND THE ELIGIBILITY TO A CONTRIBUTING MEMBER WHO FORMERLY SERVED AS A MEMBER OF THE GOVERNING BODY OF SUCH A MUNICIPALITY AND TO PROVIDE THAT PAYMENT OF A SALARY TO THE MEMBER OF THE GOVERNING BODY IS NOT A REQUIREMENT FOR ELIGIBILITY TO ESTABLISH SUCH SERVICE.
Read the first time and referred to the Committee on Finance.
S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.
Read the first time and referred to the General Committee.
S. 371 -- Senator Giese: A BILL TO AMEND SECTION 8-21-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AND COLLECTION OF FEES AND COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS IN THE PROBATE COURT, SO TO REVISE THE MANNER IN WHICH THESE FEES SHALL BE DETERMINED.
Read the first time and referred to the Committee on Judiciary.
S. 372 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO REVENUES COLLECTED IN THE LAST COMPLETED CALENDAR YEAR UNLESS THE GENERAL ASSEMBLY IN SEPARATE LEGISLATION PROVIDES FOR INCREASED REVENUES.
Read the first time and referred to the Committee on Judiciary.
S. 373 -- Senators Elliott and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-18 SO AS TO PROHIBIT CERTAIN LOBBYING ACTIVITY BY STATE AGENCIES, DEPARTMENTS, INSTITUTIONS, AND DIVISIONS AND THEIR EMPLOYEES AND DEFINE TERMS.
Read the first time and referred to the Committee on Judiciary.
S. 374 -- Senators Elliott and O'Dell: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN BY ADDING CHAPTER 13 SO AS TO ENACT THE "SOUTH CAROLINA PRIVATE PROPERTY PROTECTION ACT OF 1995" INCLUDING PROVISIONS PROVIDING THAT COMPENSATION MUST BE PAID UNDER CERTAIN CONDITIONS AS A RESULT OF REGULATIONS OR ACTIONS BY STATE AGENCIES SUBSTANTIALLY INTERFERING WITH OR TAKING PRIVATE PROPERTY, REQUIRING AGENCIES TO CREATE GUIDELINES TO DETERMINE WHETHER THERE IS A TAKING, PROVIDING FOR AN ASSESSMENT TO BE MADE BEFORE THE ACTION IS TAKEN, AND PROVIDING FOR EMERGENCIES WHEN HEALTH AND SAFETY IS AN ISSUE.
Read the first time and referred to the Committee on Judiciary.
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.
Read the first time and referred to the Committee on Judiciary.
S. 376 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-275 SO AS TO PROVIDE THAT, WHENEVER ANY PERSON KNOWINGLY OPERATES AN UNINSURED MOTOR VEHICLE FOR ANY REASON OTHER THAN A LIFE-OR-DEATH EMERGENCY PURPOSE, THE MOTOR VEHICLE IS FORFEITED TO THE STATE AND MUST BE CONFISCATED BY ANY LAW ENFORCEMENT OFFICER WHO MUST DELIVER IT TO THE DEPARTMENT OF PUBLIC SAFETY, TO ENACT SIMILAR PROVISIONS IN THE CASE WHERE A PERSON DRIVES A MOTOR VEHICLE KNOWING THAT HIS LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED AND DOES SO FOR ANY REASON OTHER THAN A LIFE-OR-DEATH EMERGENCY PURPOSE, AND TO PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.
S. 377 -- Senator Bryan: A BILL TO AMEND SECTION 44-20-225, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER ADVISORY BOARDS WITHIN THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CHANGE THE REFERENCE TO GOVERNOR TO COMMISSION ON DISABILITIES AND SPECIAL NEEDS AND DELETE THE REFERENCE TO APPOINTMENT UPON THE ADVICE AND CONSENT OF THE SENATE, THE AUTHORIZATION FOR COMPENSATION, AND THE PROVISION FOR ORIGINAL APPOINTEES.
Read the first time and referred to the Committee on Medical Affairs.
S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.
Read the first time and referred to the Committee on Transportation.
S. 379 -- Senators Bryan and Washington: A BILL TO AMEND SECTION 56-5-3660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HELMET REQUIREMENT FOR PERSONS OPERATING OR RIDING TWO-WHEELED MOTORIZED VEHICLES, SO AS TO DELETE THE AGE LIMITATION TO WHICH THE REQUIREMENT APPLIES.
Read the first time and referred to the Committee on Transportation.
S. 380 -- Senator Thomas: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES AND BEGINNERS' PERMITS, SO AS TO INCREASE THE AGE FROM FIFTEEN TO SIXTEEN WHEN A PERSON MAY OBTAIN A LICENSE OR PERMIT; AND TO REPEAL SECTION 56-1-180 RELATING TO SPECIAL RESTRICTED DRIVERS' LICENSES FOR CERTAIN MINORS.
Read the first time and referred to the Committee on Transportation.
S. 381 -- Senators McConnell, Passailaigue, Richter, Reese and Washington: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 382 -- Senators Courson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 25, 1995.
Be it resolved by the Senate, the House of Representatives concurring:
That His Excellency, David M. Beasley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 25, 1995, in the Hall of the House of Representatives.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3227 -- Reps. Baxley, Walker, Fleming, Cobb-Hunter, Allison, J. Harris, Shissias, Quinn, Wells, R. Smith, Wright, Sheheen, Wilder, Gamble, Cromer and Harrison: 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 citizens with disabilities, culminating in the forty-third annual "B.A.C.-Coffee Day for Children and Adults with Disabilities" in South Carolina on Good Friday, April 14, 1995; and
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 House of Representatives, the Senate 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.
H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.
Read the first time and referred to the Committee on Education.
H. 3218 -- Rep. Askins: A BILL TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.
Read the first time and on motion of Senator McGILL, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator McGILL, with unanimous consent, H. 3218 was ordered to receive a second and third reading on the next two consecutive legislative days.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
THERE BEING NO UNCONTESTED BILLS ON THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator RYBERG moved, "pursuant to the provisions of Section 12 of Article III of the S.C. Constitution, that Senator Theo W. Mitchell be expelled from the Senate, not only for the criminal offenses to which he pled guilty on July 25, 1994, but also for the criminal wrongdoing that he admitted to at his sentencing hearing on September 29, 1994."
Senator RYBERG spoke on the motion.
Senator PATTERSON spoke on the motion.
At 1:25 P.M. Senator HOLLAND moved that the Senate recede from business until 3:30 P.M.
Senators WILLIAMS, RYBERG, GLOVER, SETZLER and MOORE spoke on the motion.
Senator HOLLAND, with unanimous consent, withdrew the motion to recede.
Senator BRYAN spoke on the motion to expel.
Senator HOLLAND spoke on the motion.
Senator HOLLAND asked unanimous consent to make a motion that the Senate go into Executive Session for the sole purpose of receiving legal advice.
Senators THOMAS, LEATHERMAN and McCONNELL spoke on the motion.
Senator THOMAS objected.
Senator BRYAN made a Parliamentary Inquiry as to whether or not the motion to go into Executive Session required unanimous consent inasmuch as the Senator making the motion had the floor.
The PRESIDENT stated that the motion before the Senate was the motion to expel and any motions not provided for under Rule 14 would require unanimous consent.
Senator GLOVER argued contra to the motion to expel.
Senator WASHINGTON spoke on the motion.
Senator LAND moved to commit the motion to expel to the Committee on Ethics with the Committee on Ethics to report to the Senate by January 31, 1995.
Senator THOMAS raised a Point of Order that the motion to commit was out of order.
The PRESIDENT overruled the Point of Order and stated that under Rule 14 the motion to commit was in order.
Senator THOMAS made a Parliamentary Inquiry as to whether or not the motion to commit was a debatable motion.
The PRESIDENT stated that under Rule 14 the motion to commit was a debatable motion.
Senator THOMAS spoke on the motion to commit.
Senator LEVENTIS made a Parliamentary Inquiry as to whether or not the motion to commit had as a part of it, a clause which would require a report to the Senate by January 31, 1995, and, if so, was not such a motion a double-barrelled motion?
The PRESIDENT asked Senator LAND to restate his earlier motion.
Senator LAND stated that his motion was to commit the motion to expel to the Committee on Ethics.
Senator RYBERG made a Parliamentary Inquiry as to whether or not the motion to commit was subject to a tabling motion.
The PRESIDENT stated that a motion to table would be in order.
Senator THOMAS spoke on the motion to commit.
Senator THOMAS moved to table the motion to commit.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Cork Courson Courtney Elliott Giese Gregory Hayes Leventis Martin McConnell Mescher O'Dell Passailaigue Peeler Rankin Richter Rose Russell Ryberg Setzler Smith, J.V. Stilwell Thomas Waldrep Wilson
NAYS
Bryan Drummond Ford Glover Holland Jackson Land Lander Leatherman Matthews McGill Moore Patterson Reese Saleeby Short Smith, G. Washington Williams
The motion to commit the motion to expel was laid on the table.
The question then was the motion to expel.
Senator PASSAILAIGUE spoke on the motion.
Senator GIESE spoke on the motion.
Senator McCONNELL spoke on the motion.
Senator LEVENTIS asked unanimous consent to make a motion that the Senate go into Executive Session solely for the purpose of receiving legal advice.
Senator THOMAS objected.
Senator THOMAS asked unanimous consent to make a motion to allow attorneys to address the Senate.
Senator STILWELL objected.
Senator McCONNELL continued speaking on the motion.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session for the sole purpose of receiving legal advice.
On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.
The motion then was the motion to expel Senator Theo W. Mitchell.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Giese Gregory Hayes Holland Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Williams Wilson
NAYS
Ford Glover Jackson Land Matthews Patterson Washington
The motion to expel was adopted.
We voted to expel Senator Theo Mitchell because we feel his conduct warrants expulsion and is in the best interest of the Senate and the people of South Carolina. However, we are concerned that the procedures used by the Senate may have violated the Due Process Clauses of the State and Federal Constitutions and will result in a lawsuit and unnecessary cost to the taxpayers.
I voted to expel Senator Theo Mitchell without affording him a hearing because (a) no legal authority clearly requires such a hearing and (b) court transcripts clearly show he admitted to having committed while a Senator wilful misconduct, crimes and dishonest acts wholly inappropriate for a Senator.
I take no pleasure in this proceeding, but I have sought and accepted a responsibility on behalf of the 80,000 people I represent.
I have read the indictment and pleadings of Senator Mitchell. Senator Mitchell understood the indictment and waived his right to a trial by jury. He pled guilty as charged. He acknowledged he knowingly broke the law on numerous occasions. He also acknowledged that he broke state law and defrauded the State out of money due it under the law.
My actions are consistent with those I have or would have taken on two previous occasions when Senator Carmichael was convicted and when Senator Horace Smith was convicted of wrongdoing.
Senator Mitchell's personal problems are not, nor should they be made, the problems of this State Senate or the people of this State. It is after careful, prayerful and informed consideration that I have reached the conclusion that I must vote to expel Senator Mitchell and anyone of us in the Senate who does similar things. This I must do without regard to party, race, gender or any other considerations but for the facts of the violation of the law for which a member is sent to prison and, therefore, cannot be here to meet his obligations to his constituents and the people of South Carolina.
The reason I did not vote to expel Senator Mitchell is that I believe every citizen of the United States has the right to due process. Senator Mitchell was not here to answer to the charges for expulsion.
I do not condone what he has done and I feel that he is being punished for what he has done.
Senator Mitchell should have been given an opportunity to address this body he has served since 1985. He did not have the opportunity to address questions I had as well as the questions of other members of the Senate. For that reason, I felt obligated to oppose the expulsion.
We voted not to expel Senator Theo Mitchell because we feel that the procedures used by the Senate may have violated the Due Process Clauses of the State and Federal Constitutions, and that the Senate violated the spirit of the law, if not the law, in not affording Senator Mitchell a hearing.
MOTION ADOPTED
On motion of Senator WASHINGTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Chet Eddie Chasteen of Colleton County, S.C.
At 4:07 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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