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, today we commemorate the birthdays of Robert E. Lee (born January 19, 1807) and "Stonewall" Jackson (born January, 1824). Hear words from the First Psalm (v. 3):

"And he shall be like a tree planted by

the streams of water,

That bringeth forth its fruit in its season,

Whose leaf also doth not wither... "
Let us pray.

Almighty God of our fathers, before Your face, the nations rise and fall. Generations are born, serve a short time... and die.

We give You thanks that the memory of men like Robert E. Lee and "Stonewall" Jackson lingers on. They served their generation.

They left a legacy of character to generations unborn as sun-crowned men.

Inspire us, in our day, so to live:

"That we may tell our sons who see

The light high in the heavens,

Their heritage to take...

I saw the powers of darkness put to flight,

I saw the morning break." (On a Confederate monument)

Help us to strive for a better world!

Amen.

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

October 12, 1994
Mr. President and Members of the Senate:

At the request of the nominee, I respectfully request withdrawal from your consideration the appointment below.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

1st Congressional District:

Mr. William J. Fogle, III, M.D., 48 Courtnay Drive, Charleston, S.C. 29403 VICE Clay W. Evatt, Jr.

Referred to the General Committee.

October 12, 1994
Mr. President and Members of the Senate:

I respectfully request withdrawal from your consideration the appointment below.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, Juvenile Parole Board, with term to commence June 30, 1992, and to expire June 30, 1996:

1st Congressional District:

Mr. William J. Capers, 3244 Starlette Avenue, North Charleston, S.C. 29420-8847 VICE Robert Capers/Herbert J. Walton

Referred to the Committee on Corrections and Penology.

December 19, 1994
Mr. President and Members of the Senate:

At the direction of the nominee, I respectfully request withdrawal of this appointment from your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, South Carolina Foster Care Review Board, with term to commence June 30, 1993, and to expire June 30, 1997:

2nd Congressional District:

Ms. Cecilia Aversa, 1108 Baywater Drive, West Columbia, S.C. 29170

Referred to the General Committee.

January 6, 1995
Mr. President and Members of the Senate:

At the request of the nominee, I respectfully withdraw from your consideration the nomination below.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1993, and to expire March 15, 1999:

2nd Congressional District:

Mr. Charles L. A. Terreni, 3604 Coleman Street, Columbia, S.C. 29205 VICE J. Rhett Jackson

Referred to the Committee on Corrections and Penology.

January 16, 1995
Mr. President and Members of the Senate:

Due to the resignation of the appointee, I respectfully withdraw from your consideration the appointment below.

Respectfully,
David M. Beasley

Reappointment, Member, Residential Builders Commission, with term to commence June 30, 1994, and to expire June 30, 1998:

5th Congressional District - Builder:

Mr. Michael G. Williams, Post Office Box 1146, Lancaster, S.C. 29721

Referred to the Committee on Labor, Commerce and Industry.

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. 568, H. 3385 by a vote of 44 to 67:
(R568) H. 3385 -- Rep. Cromer: AN ACT TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE;

(Abbreviated Title)
Very respectfully,
Speaker of the House

Received as information.

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. 582, H. 4142 by a vote of 1 to 92:
(R582) H. 4142 -- Reps. Quinn, Wright and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE FOR RESTRICTIONS, NO WAKE ZONES, PENALTIES, AND FINE DISBURSEMENTS FOR WATERCRAFT ON LAKE MURRAY.
Very respectfully,
Speaker of the House

Received as information.

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. 597, H. 4631 by a vote of 64 to 49:
(R597) H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: AN ACT TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE RECIPROCITY; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO PROVIDE FOR THE EXPIRATION OF CURRENT BOARD TERMS, INTERIM GOVERNANCE OF THE BOARD; AND STAGGERED TERMS FOR NEW APPOINTEES; AND TO REAUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY, AND THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS.
Very respectfully,
Speaker of the House

Received as information.

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. 589, H. 4460 by a vote of 17 to 71:
(R589) H. 4460 -- Rep. McTeer: AN ACT TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE AND TO PROVIDE THAT MATERNITY LEAVE INCLUDES PATERNITY LEAVE, TO EXTEND THE ELECTION PERIOD FOR THE RETIREMENT INCENTIVE IN THE CASE OF CERTAIN STATEWIDE APPOINTED OFFICIALS AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD THROUGH DECEMBER 15, 1995, TO WAIVE CERTAIN YEARS OF SERVICE REQUIREMENTS FOR STATE-PAID HEALTH INSURANCE BENEFITS FOR A RETIREE.
Very respectfully,
Speaker of the House

Received as information.

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. 599, H. 4691 by a vote of 1 to 82:
(R599) H. 4691 -- Ways and Means Committee: The 1992-93 Surplus General Fund Revenue Appropriations. (Abbreviated Title)

Veto 1. Section 2. Repeal of Section 12-47-447 of the 1976 Code.
Very respectfully,
Speaker of the House

Received as information.

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. 599, H. 4691 by a vote of 14 to 84:

(R599) H. 4691 -- Ways and Means Committee: The 1992-93 Surplus General Fund Revenue   Appropriations. (Abbreviated Title)

Veto 2. Section 7. Retirement Incentive.
Very respectfully,
Speaker of the House

Received as information.

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. 599, H. 4691 by a vote of 0 to 96:

(R599) H. 4691 -- Ways and Means Committee: The 1992-93 Surplus General Fund Revenue   Appropriations. (Abbreviated Title)

Veto 3. Section 8. Retirement Incentive.
Very respectfully,
Speaker of the House

Received as information.

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. 599, H. 4691 by a vote of 2 to 94:

(R599) H. 4691 -- Ways and Means Committee: The 1992-93 Surplus General Fund Revenue   Appropriations. (Abbreviated Title)

Veto 4. Section 9. This section deletes paragraph 3.54 of Part I.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 26 to 88:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 1. Part I, Section 16, Election Commission, Page 53, Line 24, Aid to County Boards of Registration - $220,300.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 24 to 89:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 2.   Part I, Section 20, Educational Television Commission, Page 210, Line 26, Reception Match $250,000.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 60 to 62:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 3.   Part I, Section 31, Department of Mental Health, Page 250, Line 12, School based counseling services, $800,000.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 25 to 86:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 4.   Part I, Section 39, Human Affairs Commission, Page 292, Line 10, Other Operating Expenses - $174,227.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 1 to 101:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 5.   Part IB, Section 3.57, Page 438, State Agency Mission and Goals.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 2 to 90:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 6.   Part IB, Section 17E.12, Pages 460-461, Museum Food Service.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 15 to 84:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 7.   Part IB, Section 17G.6, Page 465, Compensation Increases Appropriated Funds Ratio.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 18 to 87:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 8.   Part IB, Section 19.84, Page 497, Other School Personnel Pay Increases.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 4 to 93:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 9.   Part IB, Section 44.1, Page 545, Compensation Supplements.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 4 to 88:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 10.   Part IB, Section 44.2, Page 545, Revenue Retained and Carry Forward.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 7 to 86:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 11.   Part IB, Section 67.1, Pages 558-559, Procurement Review Panel Membership.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 38 to 64:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 12.   Part IB, Section 31.15, Page 597, Department of Mental Health, School Based Counseling Services.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 0 to 101:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 13.   Part II, Section 2, Pages 591-592, Constitutional Officers Compensation.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 19 to 83:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 14.   Part II, Section 89, Page 699, Additional Federal Retirees.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 12 to 89:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 15.   Part II, Section 95, Page 700, Department of Archives and History.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 10 to 85:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 16.   Part II, Section 114, Page 711, Citizenship of the State Guard.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 6 to 102:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 17.   Part II, Section 126, Page 723, Motor Vehicle Inspection Fee Increase.
Very respectfully,
Speaker of the House

Received as information.

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. 509, H. 4820 by a vote of 0 to 95:
(R509) H. 4820 -- Ways and Means Committee: The 1994-95 Appropriations Act. (Abbreviated Title)

Veto 18.   Part II, Section 138, Page 736, Definition of Life Guard.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 43 to 66:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 1.   Section 2, Item (4), Budget and Control Board-Employee Benefits Higher Education Other Funds Pay Increase - $8,248,122.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 47 to 62:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 2.   Section 2, Item (13), Department of Forestry Fire Control Equipment - $4,600,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 50 to 68:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 3.   Section 3, Item (4), Clemson PSA Garrison Livestock Arena - $1,900,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 0 to 99:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 4.   Section 3, Item (21), Budget and Control Board Office of Executive Director Public Service Partnership - $100,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 27 to 77:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 5.   Section 3, Item (26), Department of Health and Human Services Other Medicaid Services - $445,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 3 to 90:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 6.   Section 3, Item (29), DHEC-Coastal Council Developer's Handbook - $20,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 5 to 84:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 7.   Section 3, Item (30), DHEC-Coastal Council Coastal Zone Management Plan - $20,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 16 to 81:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 8.   Section 3, Item (32), John de la Howe Sewer Repairs - $425,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 14 to 80:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 9.   Section 3, Item (40), University of Charleston Center for Entrepreneurship - $300,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 14 to 79:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 10.   Section 3, Item (41), Adjutant General Armory Maintenance - $200,000.
Very respectfully,
Speaker of the House

Received as information.

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. 611, H. 4822 by a vote of 9 to 81:
(R611) H. 4822 -- Ways and Means Committee: The 1994 Supplemental Appropriation Act. (Abbreviated Title)
Veto 11.   Section 3, Item (43b), Department of Education Tugaloo Environmental Education - $150,000.
Very respectfully,
Speaker of the House

Received as information.

Senator COURSON introduced Dr. Tommy Rowland of Columbia, S.C., Doctor of the Day.

On motion of Senator RYBERG, at 11:30 A.M., Senator GIESE was granted a leave of absence for today and Wednesday, January 25, 1995.

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.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.

The Resolution was read the second time and ordered placed on the third reading Calendar.

On motion of Senator ALEXANDER, S. 385 was ordered to receive a third reading on Wednesday, January 25, 1995.

The following were introduced:

S. 394 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-9-317 SO AS TO ALLOW A RESIDENT INDIVIDUAL TAXPAYER TO DIRECT HIS EMPLOYER TO CEASE STATE INCOME TAX WITHHOLDING ON THE TAXPAYER'S WAGES.

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

S. 395 -- Senators Thomas and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.

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

S. 396 -- Senators Courtney and Holland: A BILL TO AMEND SECTION 14-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF SALARIES OF FAMILY COURT JUDGES AND CIRCUIT SOLICITORS, SO AS TO INCREASE THE SALARIES OF FAMILY COURT JUDGES AND CIRCUIT SOLICITORS.

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

S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.

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

S. 398 -- Senators Bryan and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.

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

S. 399 -- Senator Leatherman: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

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

S. 400 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE CRAWFORD CLARKSON, JR., OF COLUMBIA IN RICHLAND COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER AND CHAIRMAN OF THE SOUTH CAROLINA TAX COMMISSION.

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

S. 401 -- Senator Drummond: A CONCURRENT RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO THE STATE'S VOLUNTEER CAROLINA HEALTHSTYLE COORDINATORS, COMMENDING THEIR EFFORTS IN PROMOTING GOOD HEALTH, EARLY DETECTION OF DISEASE, AND DISEASE PREVENTION, AND ENDORSING CAROLINA HEALTHSTYLE, SOUTH CAROLINA'S STATE EMPLOYEE HEALTH PROMOTION PROGRAM.

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

S. 402 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE JAMES M. WADDELL, JR., FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA TAX COMMISSION.

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

S. 403 -- Senator Leatherman: A CONCURRENT RESOLUTION PROCLAIMING THE WEEK OF MARCH 19-25, 1995, AS MUSIC THERAPY WEEK IN SOUTH CAROLINA.

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

S. 404 -- Senator Cork: 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 EXEMPT WATERCRAFT AND AIRCRAFT FOR ANY YEAR THEY ARE CLASSIFIED AS "OPERATIONAL FACILITIES" BY THE UNITED STATES COAST GUARD.

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

S. 405 -- Senator Leventis: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAT VELTRE, ONE OF SUMTER'S MOST DISTINGUISHED CONDUCTORS AND BAND DIRECTORS, UPON HIS RETIREMENT AND TO EXPRESS TO HIM SINCERE THANKS FOR ALL HE HAS DONE ON BEHALF OF THE CITIZENS OF SUMTER COUNTY.

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

S. 406 -- Senators Land and Leventis: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE E.B. (MAC) MCLEOD OF SUMTER COUNTY FOR HIS EIGHT YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND WISHING HIM HAPPINESS IN ALL OF HIS ENDEAVORS.

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

H. 3137 -- Reps. Inabinett, Walker, Vaughn, Simrill, Meacham, Stille, Hines, Robinson, Baxley, Lloyd and Stuart: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 4, 1995) AS "LEGISLATIVE FAMILY DAY 1995" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1995".

Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and

Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and

Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, designate the first Thursday in May (May 4, 1995) as "Legislative Family Day 1995" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.

Be it further resolved that each member of the General Assembly invite a member of his or her family to the State House as special guests of the General Assembly to attend and observe the respective sessions in the Senate and the House of Representatives on "Legislative Family Day 1995".

Referred to the Committee on Invitations.

H. 3278 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING BOBBY TURNER, AN EMPLOYEE OF SANTEE ELECTRIC COOPERATIVE FOR HIS HEROISM WHICH SAVED THE LIFE OF ANOTHER HUMAN BEING ON CHRISTMAS EVE.

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

H. 3279 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1994 CLASS AAAA DIVISION 1 STATE CHAMPIONSHIP IN FOOTBALL.

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

H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT MAY BE IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE CHARGED WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE "PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE SOLICITOR TO GIVE WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE AN INMATE'S ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS, THE DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO ELIMINATE THE PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO DEFINE COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT THE CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE GRANTING PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION FEE A CONDITION OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION FOR A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN DISCHARGED FROM A SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE "SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND TO SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS OF HIS PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO SUBSTITUTE "TREASURER" FOR "TREASURY"; TO REPEAL SECTION 24-1-200, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR CLEMENCY; SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-610, RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620, RELATING TO THE REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; TO DIRECT THE CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING MATTERS.

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

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.

Returned with concurrence.

Received as information.

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

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.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (Doc. No. JUD0042.002), which was adopted:

Amend the resolution, as and if amended, page 2, line 25, in Section 1, as contained in SECTION 3, by inserting after the word /to/ the following:

/and serve in/

Amend the resolution further, as and if amended, page 2, line 30, in Section 1, as contained in SECTION 3, by inserting after the word /law/ the following:

/or a violation of the election laws/

Amend the resolution further, as and if amended, page 3, line 2, as contained in SECTION 4, by inserting after the word /law/ the following:

/or a violation of the election laws/.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.

Senator McCONNELL spoke on the Resolution.

Senator McCONNELL requested that the question be divided.

The PRESIDENT stated that since the Resolution contained divisible parts, that it would be divided and each question would be taken up separately.

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.

The Senate proceeded to a consideration of Rule 10.

Senator McCONNELL spoke on Rule 10.

Senator McCONNELL moved that Rule 10 be adopted by unanimous consent inasmuch as an amendment to the Rules requires a minimum of a two-thirds vote.

Rule 10 was adopted.

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 debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question.

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.

The Senate proceeded to a consideration of Rule 14.

Senator McCONNELL spoke on Rule 14.

Senator McCONNELL moved that Rule 14 be adopted by unanimous consent inasmuch as an amendment to the Rules requires a minimum of a two-thirds vote.

Rule 14 was adopted.

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 and noes every Senator present must give his vote one way or the other unless excused by the Senate.

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".

The Senate proceeded to a consideration of Rule 16.

Senator McCONNELL spoke on Rule 16.

Senator McCONNELL moved that Rule 16 be adopted by unanimous consent inasmuch as an amendment to the Rules requires a minimum of a two-thirds vote.

Rule 16 was adopted.

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 appointments shall be made in Executive Session unless the Senate directs otherwise by a majority vote.

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.

The Senate proceeded to a consideration of Rule 32.

Senator McCONNELL spoke on Rule 32.

Senator McCONNELL moved that Rule 32 be adopted by unanimous consent inasmuch as an amendment to the Rules requires a minimum of a two-thirds vote.

Rule 32 was adopted.

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, such as a motion to recall, are subject to limited debate within such time period as may be authorized in the discretion of the presiding officer.

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 proceeded to a consideration of Rule 34.

Senator McCONNELL spoke on Rule 34.

Senator McCONNELL moved that Rule 34 be adopted by unanimous consent inasmuch as an amendment to the Rules requires a minimum of a two-thirds vote.

Rule 34 was adopted.

(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.

The Senate proceeded to a consideration of Rule 19.1.

Senator McCONNELL spoke on Rule 19.1.

Senator HOLLAND proposed the following Amendment No. 1 (338R008.DHH):

Amend the bill, as and if amended, on page 4 of the resolution by striking Rule 19 (11) as contained on lines 12 through 21 and inserting the following:

(11)Except as otherwise provided in this item,   Tthe membership on committees of conference and free conference between the two Houses shall be determined by the President of the Senate in consultation with the Chairman of the committee of jurisdiction on the Bill subject to conference. Provided that the The conference or free conference committee on any Resolution affecting sine die adjournment shall be appointed by the Chairmen's Committee President Pro Tempore. The conference or free conference committee on any bill affecting redistricting or reapportionment shall be appointed by the President Pro Tempore upon consultation with the Chairman of the Judiciary Committee.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

Senator COURTNEY argued contra to the adoption of the amendment and Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Debate was interrupted by adjournment.

MOTION ADOPTED
On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Miss Alice Young Harmon of Hopkins, S.C.

At 1:20 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Monday, June 29, 2009 at 2:09 P.M.