South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

THURSDAY, JANUARY 26, 1995

Thursday, January 26, 1995
(Statewide Session)

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, the "New English Bible" rendering of Psalm 25 gives us a fresh translation (vv.4-5):

"Make Thy paths known to me, O Lord;

Teach me Thy ways.

Lead me in Thy truth and teach me;

Thou art my Saviour.

For Thee I have waited all the day long,

For the coming of Thy goodness, Lord."
Let us pray.

Dear Lord, we have made promises to many people! Help us to keep those promises... if we can!

Daily, transform us from the kind of people the world would make of us into the kind of people that can truly be called THE PEOPLE OF GOD in our day!

As we take up the Calendar for today, we pray with the Psalmist:

"TEACH ME THY WAYS."

Amen.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 12, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, Member, South Carolina State Ports Authority, with term to commence February 13, 1989, and to expire February 13, 1996:

At-Large:

Mr. Gayle O. Averyt, Post Office Box 1365, Columbia, S.C. 29202 VICE Robert V. Royall, Jr. (resigned)

Referred to the Committee on Transportation.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1823
Promulgated by Department of Health and Environmental Control
Hazardous Waste Management Regulations
Received by Lt. Governor January 24, 1995
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 24, 1995

Doctor of the Day

Senator McGILL introduced Dr. Anna K. Hopla of Kingstree, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.

Leave of Absence

On motion of Senator MOORE, at 11:00 A.M., Senator SHORT was granted a leave of absence for today.

Message from the House

Columbia, S.C., January 24, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 537, S. 1040 by a vote of 112 to 0:
(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.
Very respectfully,
Speaker of the House

Received as information.

Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

Privilege of the Chamber and Floor

Senator J. VERNE SMITH's written request that on Thursday, February 2, 1995, the 1994 State Championship Greer High School Football Team be granted the Privilege of the Chamber, to that area behind the rail, and that Coach Holcombe be granted the Privilege of the Floor for the purpose of receiving a Resolution.

In compliance with Senate Rule 36, up to 13 persons will be behind the rail in the Senate Chamber and the remainder will be recognized from the balcony.

The report was adopted without objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 418 -- Senator McConnell: 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 PROVIDE ADDITIONAL CIRCUMSTANCES WHEREBY A SURVIVING SPOUSE OF A DECEASED DISABLED VETERAN QUALIFIES FOR THE EXEMPTION ALLOWED FOR THE DWELLING HOUSE OF SUCH A VETERAN OR HIS SURVIVING SPOUSE.

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

S. 419 -- Senator Rose: A BILL TO AMEND SECTION 58-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC POWER PROVIDED BY THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE SERVICE TO ANY LOAD WITHIN A CERTAIN SERVICE TERRITORY.

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

S. 420 -- Senator Ford: A BILL TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERING INTO CONTRACTS FOR GOODS AND SERVICES BY MEMBERS OF THE GENERAL ASSEMBLY WITH AGENCIES, COMMISSIONS, BOARDS, DEPARTMENTS, OR OTHER ENTITIES FUNDED BY GENERAL FUNDS OR OTHER FUNDS, SO AS TO PROVIDE THAT SUCH CONTRACTS SHALL NOT BE PERMITTED IF THEY ARE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS IN THE AGGREGATE FOR A FISCAL YEAR, AND TO PROVIDE THAT ANY MEMBER ENTERED INTO A CONTRACT FOR GOODS AND SERVICES ON THE EFFECTIVE DATE OF THIS ENACTMENT SHALL TERMINATE THE CONTRACT OR RESIGN HIS SEAT WITHIN FOURTEEN DAYS AFTER THE EFFECTIVE DATE, SUBJECT TO CERTAIN EXCEPTIONS.

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

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT BE HELD IN A SPECIAL ELECTION AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

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

S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE 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 ordered placed on the local and uncontested Calendar without reference.

S. 422--Ordered to a Second and Third Reading

On motion of Senator SETZLER, S. 422 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 423 -- Senator Setzler: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE TEACHING PROFESSION AND TO IDENTIFY THE NECESSARY STEPS TO ATTRACT, PREPARE, AND IMPROVE TEACHERS AND ENHANCE THEIR PROFESSIONAL TRAINING, EVALUATION, AND DEVELOPMENT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE FOR THE STAFF SUPPORT FOR THE COMMITTEE AND THE SOURCE OF ITS FUNDING.

Whereas, our democracy and the economic well-being of South Carolina are dependent on the education of our citizens, and the continuing improvement of public education is vital to our state's future; and

Whereas, the General Assembly recognizes that excellent teachers are the most critical factor in high quality schools; and

Whereas, specific questions relating to certification, pay, and tenure frequently have been addressed in law, but insufficient policy attention has been given to the full system of teacher preparation, development, and evaluation; and

Whereas, teachers must acquire the knowledge and intellectual skills needed to prepare our students to reach high standards in the twenty-first century; and

Whereas, education reform will succeed when significant attention is given to reforming the undergraduate education of future teachers, and when strong links are enhanced between colleges and the public schools; and

Whereas, colleges and universities are deeply involved in reexamining ways to strengthen and enhance teacher education programs and increase services to public schools; and

Whereas, the significance of teacher preparation and professional development must not be overstated as to their impact on the individual student's learning and the improvement of our education system. It is the intent of the General Assembly in adopting this resolution for the Commission on Higher Education and the State Board of Education, as well as the institutions of higher education and the public schools, to collaborate in the reform of preparatory programs for new teachers and the professional development of certified teachers so that all teachers shall be prepared to support and enhance school restructuring. Now, therefore,

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

That a committee is created to study the teaching profession by identifying the necessary steps to attract, prepare, and improve teaching talent in classrooms and enhance professional development and evaluation of teachers in the pre-service and in-service areas. The committee shall identify best practices and current research which promote simultaneous renewal of teacher education, professional development, and school restructuring. Furthermore, the committee shall investigate what currently is provided to South Carolina students who are training to enter the teaching profession and compare this to the best practices being provided to students in other states where teacher reform efforts are also underway.

Be it further resolved that in all deliberations of the issues listed below, the committee, at a minimum, shall consider ways to:

(1)   provide incentives and remove barriers to teacher education reform;

(2)   develop funding mechanisms which foster quality teacher education and serve as a vehicle for stimulating institutional change and participation;

(3)   monitor the teacher preparation system as a whole and the individual programs; and

(4)   conduct an ongoing examination of the teacher evaluation and professional development system.

Be it further resolved that the committee also is to study issues relating to the preparation, recruitment, induction, and professional development of those individuals entering the teaching profession and those who are a part of the profession. At a minimum, the committee may study areas that impact on student learning such as:

(A)   Teacher preparation to include:

(1)   reviewing pre-service training which provides both the pedagogical and academic content necessary for effective teaching, and which increases the types and number of clinical experiences;

(2)   reviewing teacher skills, teaching performance and the teacher knowledge base expected of all candidates receiving a state teaching license;

(3)   integrating teacher education reform with kindergarten through grade twelve reform by fostering close relationships between higher education and the public schools, such as Professional Development Schools models; and

(4)   furthering the involvement of the full range of academic content disciplines.

(B)   Recruitment and induction into the profession to include:

(1)   examining ways to recruit quality candidates into the teaching profession both at precertification and postcertification levels through aggressive outreach programs;

(2)   enhancing the quality and diversity of candidates into the teaching profession;

(3)   examining strategies for linking supply-demand planning and teacher education programs;

(4)   developing an induction process that reenforces quality teaching and assists new teachers as they enter the profession;

(5)   considering differentiation between licensure and certification which involves considering the development of advanced certification; and

(6)   examining alternative routes to traditional training for teaching for those wishing to choose the teaching profession as a second career.

(C)   Professional development to include:

(1)   examining the process for reenforcing teacher strengths and addressing weaknesses and tying the process to continuing professional development;

(2)   strengthening the procedures, process, and delivery system of professional development so that it is relevant to the individual and reinforces the reforms underway in the schools; and

(3)   developing options for faculty reward systems, both higher education and public education, which encourage integration of the teacher preparation and professional development training;

(4)   ensuring the faculty who train teachers continue renewing their skills and knowledge base and model the behaviors expected in quality teaching.

Be it further resolved that the committee shall consist of thirty-six members appointed as provided herein. The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairman of the Senate Education Committee, and the chairman of the House Education and Public Works Committee shall each appoint three members of the committee. At least one of the members appointed by the Speaker of the House, chairman of the Senate Education Committee, and chairman of the House Education and Public Works Committee must be a member of the General Assembly. The chairman shall be a member of the General Assembly elected by the committee. The State Superintendent of Education and the Commissioner of Higher Education shall each appoint two members to the committee.

The Chairman of the Business-Education Subcommittee, the chairman of the South Carolina Council on Education Collaboration, the policy board of the South Carolina Center for Teacher Recruitment, and the steering committee of the South Carolina Center for the Advancement of Teaching and School Leadership shall each appoint one board member to the committee. The Commissioner of Higher Education shall appoint the following members to the committee:

(1)   a dean of a state-supported school or college of education;

(2)   one member appointed upon recommendation of the Council of College Presidents;

(3)   one member appointed upon recommendation of the deans of the schools of education involved in the Goodlad Project;

(4)   one member appointed upon the recommendation of the South Carolina Association of Teacher Educators and the South Carolina Association of Colleges of Teacher Education; and

(5)   a South Carolina Professor of the Year.

The remaining members of the committee shall be appointed by the State Superintendent of Education from the following professional groups:

(1)   one member appointed upon recommendation of the State Teacher Forum;

(2)   one principal of a public high school of this State appointed upon recommendation of the Secondary School Principals Association;

(3)   one principal of a public elementary school of this State appointed upon recommendation of the Elementary School Principals Association;

(4)   one middle school principal appointed upon recommendation of the Middle Schools Principals Association;

(5)   one superintendent of a school district of this State appointed upon recommendation of the South Carolina Superintendents Association;

(6)   one member appointed upon recommendation of the South Carolina Association of Early Childhood Educators;

(7)   one member appointed upon recommendation of the South Carolina Education Association; and

(8)   one member appointed upon recommendation of the Palmetto State Teachers Association.

A staff analysis team shall provide support for the committee. This team shall include the research directors of the Senate Education Committee and the House Education and Public Works Committee, and a staff designee of the Commissioner of Higher Education and of the State Superintendent of Education. Other college and state officials or employees and representative teacher groups also shall provide help to the committee and the staff analysis team as is requested.

Upon adoption of this resolution, the staff analysis team shall meet and develop a strategy to secure the appointments for this committee. Forty-five days after this resolution is adopted, the staff analysis team shall poll the appointees made by that date to determine a suitable meeting date. Upon completion of the poll, a date to have the first meeting to organize the committee must be set. Individuals or organizations which have not made or recommended appointments by that date shall be reminded of the need to make their appointments or recommendations and apprised of the first meeting date.

Of the funds allocated to the Education Improvement Act Select Committee for the evaluation of education programs and policies, up to eighty-five thousand dollars may be expended for the studies and work of the committee.

The committee shall seek the assistance of the Southern Regional Education Board, Education Commission of the States and other nationally recognized groups involved in teacher education and preparation in their study and deliberations of the most promising and effective options for South Carolina. The committee shall also review the most effective practices currently underway in South Carolina's teacher training institutions and public schools. In its discretion, the committee may contract with independent entities for any evaluations or studies deemed appropriate by the committee to carry out its role as prescribed herein.

Be it further resolved that by December 15, 1995, the committee shall issue its first interim report of any findings and any policy or funding changes that need to be initiated as a first phase to redesign the education and related systems or to help further carry out this study. By June 15, 1996, the committee shall issue its second interim report proposing the next phase of needed changes, and by December 15, 1996, it shall issue its final report. The Select Committee and the South Carolina Council for Education Collaboration are responsible for monitoring the implementation of the committee's recommendations. To assist in the implementation of this resolution, the committee may create such advisory committees and subcommittees of its membership as it considers necessary. All reports of this committee shall be submitted to the House Education and Public Works Committee, the Senate Education Committee, the EIA Select Committee, the South Carolina Council for Education Collaboration, and the Business-Education Subcommittee.

Referred to the Committee on Education.

H. 3354 -- Reps. Askins, Hines, McKay, Harwell and Limbaugh: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. MARION S. FOWLER, SR., OF LAKE CITY, ONE OF SOUTH CAROLINA'S MOST ACKNOWLEDGED EXPERTS ON TOBACCO AND TOBACCO MARKETING, UPON HIS DEATH.

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

H. 3355 -- Reps. Harvin and Govan: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO WILLIAM JEROME (JERRY) MCCORD FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS DIRECTOR OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND EXTENDING BEST WISHES TO HIM IN HIS FUTURE ENDEAVORS.

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

H. 3356 -- Reps. Harvin, G. Brown, Canty, McElveen, Neal and J. Young: 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.

Whereas, the Honorable E.B. (Mac) McLeod of Sumter County for eight years represented the citizens of House District 67 (Sumter and Clarendon counties) with diligence and excellence in the General Assembly of this great State; and

Whereas, Mac McLeod was an outstanding member of the House of Representatives and always worked hard for his constituents and for the State as a whole; and

Whereas, Mac's honesty, intelligence, friendliness, and commitment to good government endeared him to his colleagues who admired him for his legislative abilities; and

Whereas, among Mac's many accomplishments, the following are noteworthy: he sponsored a tough crime bill placed at the request of Sheriff Tommy Mims; Mac developed a new Sumter County Voter/Election Board, which works together as one unit for more efficient elections; he took an active role in the restructuring of the South Carolina Department of Highways and Public Transportation and led the fight to make this department (the state's largest agency) more accountable and efficient; and he sponsored other legislation dealing with crime, welfare, and tax reform; and

Whereas, we will miss Mac in the State House and hope that he experiences happiness and good luck in all of his endeavors. 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, commend 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 wish him happiness in all of his endeavors.

Be it further resolved that a copy of this resolution be forwarded to our distinguished former colleague, the Honorable E.B. (Mac) McLeod.

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

H. 3357 -- Reps. Allison, Wells, Walker, Littlejohn, Beatty, Wilder, Vaughn, Davenport, Lanford and D. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE JAMES F. BYRNES HIGH SCHOOL BAND OF SPARTANBURG COUNTY UPON WINNING THE CLASS AAAA STATE BAND CHAMPIONSHIP.

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

H. 3390 -- Reps. Davenport and Walker: A CONCURRENT RESOLUTION TO RECOGNIZE GRAHAM KYLE EASLER OF SPARTANBURG COUNTY FOR HIS OUTSTANDING 1994 FOOTBALL SEASON AT BOILING SPRINGS HIGH SCHOOL.

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

H. 3391 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MS. HOLLY KRISTINA CRAIN OF INMAN AND TO EXTEND SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 3392 -- Rep. Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS BEING MADE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THE STUDENTS IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND TO DECLARE TUESDAY, JANUARY 31, 1995, AS "CHILDREN FIRST DAY" IN THIS STATE.

Whereas, the Constitution of this State declares that it is the responsibility of the State to provide a system of free public schools; and

Whereas, over six hundred thousand students attend the public schools in South Carolina; and

Whereas, South Carolina's future could be irreparably harmed if today's students are not trained to compete in the changing, global economy of the twenty-first century; and

Whereas, South Carolina's education system is committed to reaching the National Education Goals by the year 2000. 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, recognize the efforts being made to provide educational opportunities for the students in South Carolina's public school system and declare Tuesday, January 31, 1995, as "Children First Day" in this State.

Referred to the Committee on Invitations.

H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.

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

HOUSE CONCURRENCE

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

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

S. 416 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS BEING MADE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THE STUDENTS IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND TO DECLARE TUESDAY, JANUARY 31, 1995, AS "CHILDREN FIRST DAY" IN THIS STATE.

Returned with concurrence.

Received as information.

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

THIRD READING BILL

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

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.

(By prior motion of Senator LEATHERMAN)

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.

SECOND READING BILLS

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

S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

Senator COURTNEY explained the Resolution.

S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995 TO DECEMBER 31, 1995, AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.

Senators PEELER and HOLLAND spoke on the Resolution.

AMENDED, READ THE SECOND TIME

S. 116 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-385 SO AS TO PROVIDE THAT ATTORNEYS-AT-LAW LICENSED TO PRACTICE IN OTHER STATES OR JURISDICTIONS BUT NOT IN SOUTH CAROLINA MAY PROVIDE PRO BONO LEGAL SERVICES TO INDIGENT CITIZENS OF THIS STATE IN THE MANNER PROVIDED BY RULE OF THE SUPREME COURT.

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

The Judiciary Committee proposed the following amendment (JUD0116.001), which was adopted:

Amend the bill, as and if amended, page 1, line 24, in Section 40-5-385, as contained in SECTION 1, by striking /but not in South Carolina/ .

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

ADOPTED

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.

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

OBJECTION

S. 250 -- Senators Martin, Courtney, Courson, Rose, Gregory, Leventis and Richter: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED.

Senator PATTERSON objected to further consideration of the Bill.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Dillon County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Dillon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Magistrate:

The Honorable Charles D. Spivey, Post Office Box 272, Lake View, S.C. 29563 VICE Tracey Pelt (retired)

MOTION ADOPTED
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Joseph Claude "Skinny" Cauthen, Jr. of Rock Hill, S.C.

Time Fixed

Senator WILLIAMS moved that when the Senate adjourns on Friday, January 27, 1995, it stand adjourned to meet next Tuesday, January 31, 1995, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:40 A.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.

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