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 some ancient words of wisdom from the Book of Proverbs (2:10):

"When wisdom entereth into thine heart,

And knowledge is pleasant unto thy soul,

Discretion shall preserve thee,

Understanding shall keep thee."
Let us pray.

Our Father-God, Your works have been seen and known by the children of men throughout the generations.

By Your grace we have come from our homes to serve our people, and You, in this temple of temporal power.

As a new structure of government is taking place, we pray for the inspiration of the Spirit of God to permeate our motives and our dreams... and our deeds.

Grant that the interaction of our legislative, our executive, and our judicial powers may so supplement each other that the welfare of our people may be enhanced.

Help us to make our work a form of worship!

Amen.

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

(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.

January 10, 1995
Mr. President and Members of the Senate:

I am hereby returning without my signature S. 1040, R-537, an Act:
TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
This legislation amends the statute setting forth the composition of the Legislative Audit Council by bringing more public members, and, therefore, more citizen input, to the board. However, I am troubled by changes made to the council's nominating committee. By eliminating the Gubernatorial and Accountancy Board appointees, the council's nominating committee would be composed entirely of individuals appointed by the legislative branch. I understand that the council is a legislative "watchdog" agency. However, this scheme is inconsistent when the process is viewed in comparison with the procedure for the appointment of the State Auditor, the executive branch's reviewing official.

The State Auditor is elected by the State Budget and Control Board, a combination of members of the executive and legislative branches. Similarly, and consistently, I believe that members of the Legislative Audit Council, the Legislative branch "watchdog" agency, should also be nominated with input from both the legislative and executive branches. This would no longer be the case were this legislation to be enacted. Continuation of the present system will help preserve the integrity and independence of the Legislative Audit Council, ensuring continuation of the council's efficacious review of the executive branch.

It is for this reason that I return S. 1040, R-537 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

The veto of the Governor was taken up for immediate consideration.

Senator BRYAN moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

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 necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Columbia, S.C., January 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 628, H. 5146 by a vote of 13 to 0:
(R628) H. 5146 -- Rep. Whipper: AN ACT TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND 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.
Very respectfully,
Speaker of the House

(R628) H. 5146 -- Rep. Whipper: AN ACT TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND 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.

The veto of the Governor was taken up for immediate consideration.

Senator McCONNELL moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

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 necessary two-thirds vote not having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Senator SHORT introduced Dr. Roger Gaddy of Winnsboro, S.C., Doctor of the Day.

On motion of Senator BRYAN, at 11:00 A.M., Senator LAND was granted a leave of absence for today and Thursday, January 19, 1995.

At 12:45 P.M., Senator ROSE requested a leave of absence for Thursday, January 19, 1995.

Columbia, S.C., January 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 588, H. 4414 by a vote of 40 to 63:
H. 4414, R-588 -- Reps. Phillips, Allison, Corning, Gamble, Jaskwhich, Rogers, Rudnick, Stuart, Waites, Waldrop, Walker and Wilder: The "Schoolhouse Safety Alliance Act of 1994." (Abbreviated Title)
Very respectfully,
Speaker of the House

Received as information.

S. 338 -- Rules Committee: A SENATE RESOLUTION TO AMEND RULE 10 OF SENATE RULES, RELATING TO COMMITTEE REPORTS SO AS TO SPECIFY THE ORDER OF BUSINESS AFTER WHICH THE ANNUAL GENERAL APPROPRIATION BILL AND A REAPPORTIONMENT BILL IS TO BE CONSIDERED, TO AMEND RULE 14, RELATING TO PRIVILEGED MOTIONS, SO AS PROVIDE THAT THE MOVER HAS THE RIGHT TO RESTATE A MOTION IF SUCH A REQUEST IS MADE, TO AMEND RULE 16, RELATING TO VOTING, SO AS TO REQUIRE THE AYES AND NOES "VIVA VOCE" ON ANY QUESTION UNLESS A ROLL CALL VOTE OR DIVISION IS ORDERED, TO AMEND RULE 19(11) RELATING TO COMMITTEES OF CONFERENCE, SO AS TO PROVIDE THAT THE PRESIDENT PRO TEMPORE SHALL APPOINT CONFEREES SUBJECT TO CERTAIN CONDITIONS, TO AMEND RULE 32, RELATING TO EXECUTIVE SESSIONS, SO AS TO AUTHORIZE THE PRESENCE OF THE READING CLERK, TO AMEND RULE 34 RELATING TO THE MOTION PERIOD AND SPECIAL ORDERS SO AS TO ALLOW A MOTION TO SET A BILL OR RESOLUTION FOR SPECIAL ORDER IRRESPECTIVE OF WHETHER THE BILL RECEIVED A READING ON THE LEGISLATIVE DAY THE MOTION IS ADOPTED.

Senator WILLIAMS asked unanimous consent to take the Senate Resolution up for immediate consideration.

There was no objection.

Senator WILLIAMS spoke on the Resolution.

On motion of Senator McCONNELL, with unanimous consent, the Senate Resolution was placed in the status of Interrupted Debate.

The following were introduced:

S. 383 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-38 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST IN LAND AND MORTGAGES OF REAL ESTATE INCLUDE THE TAX MAP NUMBER OF THE SUBJECT PROPERTY, AND PROVIDE FOR RELATED MATTERS.

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

S. 384 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-270 SO AS TO PROVIDE THAT NOTHING IN TITLE 38 MAY LIMIT AN INSURER OR OTHER THIRD PARTY PAYOR FROM DETERMINING THE SCOPE OF ITS BENEFITS AND OTHER TERMS OF ITS CONTRACTS WITH PROVIDERS EXCEPT THAT THE CONTRACT PROVIDING COVERAGE TO AN INSURED MAY NOT EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO A PROVIDER AT THE SAME BENEFIT RATE AS PAID TO A CONTRACT PROVIDER.

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

S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

S. 386 -- Senator McConnell: A BILL TO AMEND SECTION 12-54-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO THE WAIVER, DISMISSAL, OR REDUCTION OF PENALTIES AND INTEREST, SO AS TO AUTHORIZE THE DEPARTMENT TO WAIVE INTEREST ON UNDERPAYMENTS WHEN A TAXPAYER FOLLOWED INACCURATE PROFESSIONAL ADVICE, HAD NO KNOWLEDGE OF THE TAX LIABILITY, OR IF THE IMPOSITION OF THE TAX IS THE RESULT OF REGULATION OR OTHER INTERPRETATION OF EXISTING TAX LAWS.

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

S. 387 -- Senator Rankin: A BILL TO AMEND SECTION 7-13-610, AS AMENDED, AND SECTION 7-13-611, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOT SPECIFICATIONS AND THE ARRANGEMENT OF PRIMARY BALLOTS, SO AS TO PROVIDE FOR A CONSOLIDATED PRIMARY ELECTION BALLOT ON WHICH AN ELECTOR MAY VOTE IN THE PRIMARY OF THE ELECTOR'S CHOICE IN EACH OFFICE TO BE FILLED.

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

S. 388 -- Senators Courson and Giese: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES WHEN A CHILD IS TAKEN INTO AND RELEASED FROM CUSTODY FOR VIOLATING THE LAW, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A CHILD ONLY MAY BE RELEASED BY A LAW ENFORCEMENT OFFICER.

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

S. 389 -- Senators J. Verne Smith, Washington, Patterson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-415 SO AS TO PROVIDE FOR THE REGULATION OF THE RETAIL SALE OF BEER BY THE KEG BY MEANS OF A KEG REGISTRATION NUMBER, MAINTENANCE OF RECORDS, AND DEPOSIT AND FORFEITURE PROVISIONS, AND TO PROVIDE THAT FAILURE TO COMPLY IS A GROUND FOR REVOCATION OR SUSPENSION OF THE RETAILER'S PERMIT.

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

S. 390 -- Senators Giese, Passailaigue, Glover, Cork, Bryan, Reese, Rose and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

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

S. 391 -- Senator Leatherman: A BILL TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.

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

S. 392 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.

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

S. 393 -- Senators Short, Jackson and Gregory: A CONCURRENT RESOLUTION EXTENDING THE DATE FOR THE "COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS" TO MAKE ITS REPORT TO
THE GENERAL ASSEMBLY.

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

That the date for the "Committee to Study the Consumer Finance Laws in this State as They Relate to Restricted Loans, Supervised Loans, and Sales Finance Contracts", created pursuant to Act 572 of 1994, to make its report with recommendations to the General Assembly is extended to March 1, 1995.

Senator SHORT spoke on the Resolution.

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

H. 3221 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO PROCLAIM SUNDAY, APRIL 23, 1995, THROUGH SATURDAY, APRIL 29, 1995, AS GOLF WEEK IN SOUTH CAROLINA WHICH WILL BE OBSERVED THROUGHOUT THE STATE WITH APPROPRIATE CEREMONIES AND EVENTS TO RECOGNIZE THE ECONOMIC IMPACT OF THE GOLF INDUSTRY IN SOUTH CAROLINA, THE IMPORTANCE OF THE STATE'S JUNIOR GOLFERS, AND THE IMPORTANCE OF TURFGRASS RESEARCH.

Whereas, a University of South Carolina and South Carolina Department of Parks, Recreation and Tourism study shows golf generating more than six hundred forty-four million dollars annually for the state's economy, putting it on a par with the state's larger industries; and

Whereas, given that the National Golf Foundation ranks South Carolina just behind Florida as the nation's most popular golfing sport for tourists, this staggering amount of revenue isn't surprising; and

Whereas, the study, which is the state's first economic impact study of South Carolina's golf industry, finds that the golf course operations generate employment for more than fourteen thousand full-time workers; and

Whereas, the study showed:

(1)   Out-of-state and international tourists, mostly from Canada and Germany, account for thirty-eight percent of South Carolina golfers.

(2)   Sixty-three cents of every dollar spent by South Carolina's golf industry is respent in the state's economy.

(3)   More than four hundred sixteen industries, including golf courses, utility companies, liability insurance companies, chemical/fertilizer manufacturers, and golf vehicle dealers, benefit directly from the state's golf industry.

(4)   More than sixteen million, seven hundred thousand dollars in sales, excise, and admission taxes are generated annually by golf-related industries. Additional benefits include the creation of jobs and property tax revenue; and

Whereas, the members of the General Assembly recognize the importance of raising funds for research to promote environmentally sound turfgrass management. The continued success of the golf industry is dependent on research-based answers to the environmental concerns of the public; and

Whereas, Golf Week in South Carolina will allow the South Carolina Junior Golf Association and the South Carolina Chapter of the Professional Golfers of America to seek support to increase the education and advancement of junior golf throughout the State and will allow the South Carolina Turfgrass Foundation to pursue research and education relating to environmentally sensitive turfgrass management. Now, therefore,

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

That the members of the General Assembly proclaim Sunday, April 23, 1995, through Saturday, April 29, 1995, as Golf Week in South Carolina which will be observed throughout the State with appropriate ceremonies and events to recognize the economic impact of the golf industry in South Carolina, the importance of the state's junior golfers, and the importance of turfgrass research.

Be it further resolved that a copy of this resolution be forwarded to Mr. Happ Lathrop, Executive Director of the South Carolina Golf Association.

Referred to the Committee on Invitations.

H. 3258 -- Reps. Stuart, Gamble, Knotts, Koon, Riser, Spearman and Wright: A CONCURRENT RESOLUTION CONGRATULATING SWANSEA HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 1994 CLASS AA STATE CHAMPIONSHIP IN FOOTBALL.

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

H. 3260 -- Reps. Littlejohn and Wells: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG METHODIST COLLEGE ON WINNING THE 1994 MEN'S SOCCER NATIONAL CHAMPIONSHIP.

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

H. 3261 -- Rep. McTeer: A CONCURRENT RESOLUTION COMMENDING CAPTAIN HOMER THOMAS HIERS, JR., CHC, USN, FOR HIS CAREER ACCOMPLISHMENTS AND FOR HIS SERVICE TO HIS STATE AND NATION, AND EXTENDING CONGRATULATIONS AND BEST WISHES TO HIM UPON HIS RETIREMENT.

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

H. 3217 -- Reps. Neilson, Hines and Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.

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

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

S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Ordered for consideration tomorrow.

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

The following Bills having been read the second time were ordered placed on the third reading Calendar:

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.

On motion of Senator McCONNELL, S. 381 was ordered to receive a third reading on Thursday, January 19, 1995.

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: 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.

On motion of Senator McCONNELL, with unanimous consent, the name of Senator FORD was added as a co-sponsor of the Bill.

On motion of Senator ROSE, with unanimous consent, the name of Senator ROSE was added as a co-sponsor of the Bill.

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.

(By prior motion of Senator McGILL)

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, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator HAYES, the Bill was carried over.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL 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, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator J. VERNE SMITH, the Bill was committed to the Committee on Finance.

Senator WILLIAMS moved, with unanimous consent, that the Senate proceed under the provisions of Rule 19 to fill vacancies on committees.

Leventis, Phil, Chairman
Land, John C., III
Setzler, Nikki
Peeler, Harvey S., Jr.
Matthews, John W., Jr.
McGill, Yancey
O'Dell, William H.
Smith, J. Verne
Cork, Holly A.
Glover, Maggie W.
Jackson, Darrell
Lander, James A.
Richter, Larry E.
Smith, Greg
Waldrep, Robert L., Jr.
Elliott, Dick
Gregory, Greg
Martin, Larry A.

Saleeby, Edward E., Chairman
Williams, Marshall B.
Leatherman, Hugh K.
McConnell, Glenn F.
Setzler, Nikki
Courson, John
Matthews, John W., Jr.
Courtney, C. Tyrone
Thomas, David L.
Patterson, Kay
Passailaigue, Ernest L., Jr.
Rose, Michael T.
Reese, Glenn G.
Hayes, Robert W., Jr.
Elliott, Dick
Stilwell, Samuel H.
Russell, John R.
Jackson, Darrell

Thomas, David L., Chairman
Holland, Donald H.
Land, John C., III
Bryan, James E., Jr.
Giese, Warren K.
Saleeby, Edward E.
Wilson, Joe
Patterson, Kay
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Rankin, Luke A.
Richter, Lawrence E., Jr.
Ryberg, Greg
McConnell, Glenn
Hayes, Robert W., Jr.
Lander, James A.
Alexander, Thomas C.

Setzler, Nikki, Chairman
Saleeby, Edward E.
Bryan, James E., Jr.
Giese, Warren K.
Matthews, John W., Jr.
Wilson, Joe
Patterson, Kay
Courson, John
Stilwell, Sam
Russell, John R.
Washington, McKinley, Jr.
Hayes, Robert W., Jr.
Cork, Holly A.
Glover, Maggie W.
Lander, James A.
Mescher, William C.
Rankin, Luke A.
Short, Linda H.

Leatherman, Hugh K., Sr., Chairman
Saleeby, Edward E.
Williams, Marshall B.
Land, John C., III
Holland, Donald H.
McConnell, Glenn F.
Peeler, Harvey S., Jr.
Courson, John E.
Giese, Warren K.
Wilson, Addison "Joe"

Drummond, John, Chairman
Smith, J. Verne
Land, John C., III
Setzler, Nikki
Leatherman, Hugh K.
Leventis, Phil
Peeler, Harvey S., Jr.
Giese, Warren K.
Thomas, David L.
Patterson, Kay
McGill, Yancey
Courson, John E.
Matthews, John W., Jr.
O'Dell, William H.
Passailaigue, Ernest L., Jr.
Washington, McKinley, Jr.
Reese, Glenn G.
Hayes, Robert W., Jr.

Holland, Donald H., Chairman
Drummond, John
Land, John C., III
Peeler, Harvey S., Jr.
McGill, Yancey
Passailaigue, Ernie
Rose, Michael T.
Williams, Marshall B.
Cork, Holly A.
Elliott, Dick
Gregory, Greg
Waldrep, Robert L., Jr.
Leventis, Phil P.
Moore, Thomas L.
Giese, Warren K.
Courtney, Ty
Ford, Robert
Jackson, Darrell

Wilson, Joe, Chairman
Moore, Thomas L.
Holland, Donald H.
Thomas, David L.
Stilwell, Sam
O'Dell, William H.
Washington, McKinley
Reese, Glenn G.
Courtney, Ty
Russell, John R.
Martin, Larry A.
Mescher, William
Ryberg, Greg
Smith, Greg
Gregory, Greg
Short, Linda H.
Courson, John E.
Alexander, Thomas C.

Williams, Marshall B., Chairman
Drummond, John
Smith, J. Verne
Setzler, Nikki G.
Leatherman, Hugh K.

Courson, John, Chairman
Peeler, Harvey S., Jr.
Wilson, Joe
Matthews, John W., Jr.
Thomas, David L.
Patterson, Kay
Russell, John R.
O'Dell, William H.
Passailaigue, Ernie
Rose, Michael T.

Williams, Marshall B., Chairman
Holland, Donald H.
Saleeby, Edward E.
McConnell, Glenn F.
Bryan, James E., Jr.
Wilson, Joe
Stilwell, Sam
Moore, Thomas L.
Russell, John R.
Rose, Michael T.
Courtney, Ty
Cork, Holly A.
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Jackson, Darrell
Lander, James A. "Jim"
Martin, Larry A.

Smith, J. Verne, Chairman
Drummond, John
Saleeby, Edward E.
Setzler, Nikki
Leventis, Phil
McConnell, Glenn F.
Moore, Thomas L.
Leatherman, Hugh K.
O'Dell, William H.
Passailaigue, Ernie
Reese, Glenn G.
Courtney, Ty
Elliott, Dick
Ford, Robert
Lander, James A. "Jim"
Martin, Larry A.
Mescher, William
Ryberg, W. Greg

Moore, Thomas L., Chairman
Smith, J. Verne
Peeler, Harvey S., Jr.
Bryan, James E., Jr.
Courson, John
Giese, Warren K.
Thomas, David L.
Washington, McKinley
Rose, Michael T.
Hayes, Robert W., Jr.
Cork, Holly A.
Ford, Robert
Jackson, Darrell
Richter, Lawrence E., Jr.
Short, Linda H.
Smith, Greg
Drummond, John
Alexander, Thomas C.

McConnell, Glenn F., Chairman
Smith, J. Verne
Williams, Marshall B.
Drummond, John
Stilwell, Sam
Bryan, James E., Jr.
Reese, Glenn G.
Holland, Donald H.
Leatherman, Hugh K.
Martin, Larry A.
Rankin, Luke
Waldrep, Robert L.
Peeler, Harvey S.
Matthews, John W., Jr.
Russell, John R.
McGill, J. Yancey
Washington, McKinley
Alexander, Thomas C.

Land, John C., III, Chairman
Leatherman, Hugh K.
Leventis, Phil
Wilson, Joe
Patterson, Kay
McGill, Yancey
O'Dell, William H.
Williams, Marshall B.
Passailaigue, Ernie
Rose, Michael T.
Elliott, Dick
Rankin, Luke
Richter, Lawrence E., Jr.
Ryberg, Greg
Mescher, William
Short, Linda H.
Smith, Greg
Waldrep, Robert L.

ALEXANDER, THOMAS C.
Corrections
General
Medical Affairs
Rules

BRYAN, JAMES E., JR.
Corrections and Penology
Education
Judiciary
Medical Affairs
Rules

CORK, HOLLY A.
Agriculture and Natural Resources
Education
Judiciary
Medical Affairs
Fish, Game and Forestry

COURSON, JOHN
Banking and Insurance
Education
Ethics
Finance
General
Invitations, Chairman
Medical Affairs

COURTNEY, C. TYRONE
Banking and Insurance
Fish, Game and Forestry
General
Judiciary
Labor, Commerce and Industry

DRUMMOND, JOHN
Finance, Chairman
Fish, Game and Forestry
Interstate Cooperation
Labor, Commerce and Industry
Medical Affairs
Rules

ELLIOTT, DICK
Agriculture and Natural Resources
Banking and Insurance
Fish, Game and Forestry
Labor, Commerce and Industry
Transportation

FORD, ROBERT
Corrections and Penology
Fish, Game and Forestry
Judiciary
Labor, Commerce and Industry
Medical Affairs

GIESE, WARREN K.
Corrections and Penology
Education
Ethics
Finance
Fish, Game and Forestry
Medical Affairs

GLOVER, MAGGIE W.
Agriculture and Natural Resources
Corrections and Penology
Education
Judiciary

GREGORY, GREG
Agriculture and Natural Resources
Corrections and Penology
Fish, Game and Forestry
General
Judiciary

HAYES, ROBERT W., JR.
Banking and Insurance
Corrections and Penology
Education
Finance
Medical Affairs

HOLLAND, DONALD H.
Corrections and Penology
Ethics
Fish, Game and Forestry, Chairman
General Committee
Judiciary
Rules

JACKSON, DARRELL
Agriculture and Natural Resources
Banking and Insurance
Fish, Game and Forestry
Judiciary
Medical Affairs

LAND, JOHN C., III
Agriculture and Natural Resources
Corrections and Penology
Ethics
Finance
Fish, Game and Forestry
Transportation, Chairman

LANDER, JAMES A. "JIM"
Agriculture and Natural Resources
Corrections and Penology
Education
Judiciary
Labor, Commerce and Industry

LEATHERMAN, HUGH K.
Banking and Insurance
Ethics, Chairman
Finance
Interstate Cooperation
Labor, Commerce and Industry
Rules
Transportation

LEVENTIS, PHIL
Agriculture and Natural Resources, Chairman
Finance
Fish, Game and Forestry
Labor, Commerce and Industry
Transportation

MARTIN, LARRY A.
Agriculture and Natural Resources
General
Judiciary
Labor, Commerce and Industry
Rules

MATTHEWS, JOHN W., JR.
Agriculture and Natural Resources
Banking and Insurance
Education
Finance
Invitations
Rules

McCONNELL, GLENN F.
Banking and Insurance
Corrections and Penology
Ethics
Judiciary
Labor, Commerce and Industry
Rules, Chairman

McGILL, YANCEY
Agriculture and Natural Resources
Finance
Fish, Game and Forestry
Rules
Transportation

MESCHER, WILLIAM
Education
General
Labor, Commerce and Industry
Transportation

MOORE, THOMAS L.
Fish, Game and Forestry
General
Judiciary
Labor, Commerce and Industry
Medical Affairs, Chairman

O'DELL, WILLIAM H.
Agriculture and Natural Resources
Finance
General
Invitations
Labor, Commerce and Industry
Transportation

PASSAILAIGUE, ERNIE
Banking and Insurance
Finance
Fish, Game and Forestry
Invitations
Labor, Commerce and Industry
Transportation

PATTERSON, KAY
Banking and Insurance
Corrections and Penology
Education
Finance
Invitations
Transportation

PEELER, HARVEY S., JR.
Agriculture and Natural Resources
Ethics
Finance
Fish, Game and Forestry
Invitations
Medical Affairs
Rules

RANKIN, LUKE
Corrections and Penology
Education
Rules
Transportation

REESE, GLENN G.
Banking and Insurance
Finance
General
Labor, Commerce and Industry
Rules

RICHTER, LAWRENCE E., JR.
Agriculture and Natural Resources
Corrections and Penology
Medical Affairs
Transportation

ROSE, MICHAEL T.
Banking and Insurance
Fish, Game and Forestry
Invitations
Judiciary
Medical Affairs
Transportation

RUSSELL, JOHN R.
Banking and Insurance
Education
General
Invitations
Judiciary
Rules

RYBERG, GREG
Corrections and Penology
General
Labor, Commerce and Industry
Transportation

SALEEBY, EDWARD E.
Banking and Insurance, Chairman
Corrections and Penology
Education
Ethics
Judiciary
Labor, Commerce and Industry

SETZLER, NIKKI
Agriculture and Natural Resources
Banking and Insurance
Education, Chairman
Finance
Interstate Cooperation
Labor, Commerce and Industry

SHORT, LINDA
Education
General Committee
Medical Affairs
Transportation

SMITH, GREG
Agriculture and Natural Resources
General
Medical Affairs
Transportation

SMITH, J. VERNE
Agriculture and Natural Resources
Finance
Interstate Cooperation
Labor, Commerce and Industry, Chairman
Medical Affairs
Rules

STILWELL, SAM
Banking and Insurance
Education
General
Judiciary
Rules

THOMAS, DAVID L.
Banking and Insurance
Corrections and Penology
Finance
General, Chairman
Invitations
Medical Affairs

WALDREP, ROBERT L.
Agriculture and Natural Resources
Fish, Game and Forestry
Rules
Transportation

WASHINGTON, McKINLEY
Education
Finance
General
Medical Affairs
Rules

WILLIAMS, MARSHALL B.
Banking and Insurance
Ethics
Fish, Game and Forestry
Interstate Cooperation, Chairman
Judiciary, Chairman
Rules
Transportation

WILSON, JOE
Corrections and Penology
Education
Ethics
General
Invitations
Judiciary
Transportation

At the point at which Senator LAND's name was called during the committee selection process, the following occurred:

Senator LEVENTIS asked unanimous consent to make a motion that he be granted leave in Senator LAND's absence to make committee selections on Senator LAND's behalf consistent with the selections Senator LAND had made last week.

Senator PEELER made a Parliamentary Inquiry as to whether or not Senator LAND had provided written authorization for the Senator from Sumter to make Senator LAND's committee selections.

Senators McCONNELL and STILWELL addressed the Parliamentary Inquiry.

Senator LEVENTIS restated his motion and asked unanimous consent to make a motion that he be granted leave in Senator LAND's absence to make committee selections on Senator LAND's behalf consistent with the selections Senator LAND had made last week.

There was no objection.

Senator RICHTER raised a Point of Order that the written authorization for a Senator to make written selections for an absent Senator under the provisions of Item 4, Rule 19, is a limitation as described in the last sentence of Item 4 and would, therefore, prohibit the selection of committees by Senator LAND inasmuch as he was absent and had not authorized another Senator in writing to make selections in his behalf.

Senators J. VERNE SMITH, McCONNELL, LEATHERMAN and RICHTER spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEVENTIS proceeded to make committee selections for Senator LAND.

MOTION ADOPTED
On motion of Senator RICHTER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Dorothy S. Jackson of John's Island, S.C.

At 1:06 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up and, when the Senate adjourns on Thursday, it will stand adjourned to reconvene at 11:00 A.M. on Friday, January 20, 1995, under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate adjourns on Friday, that it stand adjourned to reconvene at 12:00 Noon on Tuesday, January 24, 1995.

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