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:
Hear words from Isaiah 58 (8):
"If you pour yourself out for the hungry,
And satisfy the desire of the afflicted,
Then shall your light rise in the darkness,
And your gloom be as the noonday."
Let us pray.
Lord God, Who has taught us to love each other, after 50 years we still remember the horrors of Auschwitz, that town that had become the synonym for evil.
But we hear sad news of bitterness and inhumanity in Cambodia, the Middle East, Africa, the cities and countrysides of the United States.
Help us to get our hearts right; and believe the words from YOU through the prophet Isaiah:
"If you pour yourself out for the hungry,
And satisfy the desire of the afflicted,
Then shall your light rise in the darkness,
And your gloom be as the noonday."
Amen! So let it be!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 31, 1994
Mr. President and Members of the Senate:
I am transmitting herewith three appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Hampton County Magistrates, with terms to expire April 30, 1998:
Honorable Mary F. Henderson, Post Office Box 314, Hampton, S.C. 29924
Honorable Virgin Johnson, Sr., Post Office Box 314, Hampton, S.C. 29924
Honorable Algernon G. Solomons, Jr., Post Office Box 969, Estill, S.C. 29918
Received as information.
At 12:15 P.M., Senator MATTHEWS assumed the Chair.
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.
Senator COURSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.
There was no objection.
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 424 -- Senator J. Verne Smith: A SENATE RESOLUTION CONGRATULATING THE YELLOW JACKETS OF GREER HIGH SCHOOL ON WINNING THE 1994 STATE FOOTBALL CHAMPIONSHIP IN CLASS AAA.
The Senate Resolution was adopted.
S. 425 -- Senator Rose: A CONCURRENT RESOLUTION CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION OVER ALL GOVERNMENT POWERS ENUMERATED AND GRANTED TO THE FEDERAL GOVERNMENT AND SERVING NOTICE ON THE FEDERAL GOVERNMENT TO CEASE MANDATES ON THIS STATE BEYOND FEDERAL AUTHORITY.
Whereas, the Tenth Amendment to the Constitution of the United States reads as follows:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and
Whereas, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and
Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
Whereas, today, in 1994, the states are demonstrably treated as agents of the federal government; and
Whereas, numerous resolutions have been forwarded to the federal government by the General Assembly without any response or result from Congress or the federal government; and
Whereas, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and
Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1991), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
Whereas, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the United States Constitution. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the State of South Carolina claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
Be it further resolved that this resolution serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers.
Be it further resolved, that copies of this resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of this state's congressional delegation.
Referred to the Committee on Judiciary.
S. 426 -- Senator McConnell: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL NONPROFIT ANIMAL HUMANE SOCIETIES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 427 -- Senator McConnell: A BILL TO AMEND SECTION 38-33-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF LAW THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION, SO AS TO INCLUDE A LICENSED OPTICIAN IN THIS GROUP OF PROVIDERS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 428 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO EXTEND THE RACCOON HUNTING SEASON IN GAME ZONE NINE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 429 -- Senators Lander, Hayes, Wilson and Leventis: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND TO ADD SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG AND DEMAND REDUCTION ACTIVITIES.
Read the first time and referred to the Committee on Judiciary.
S. 430 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1525 SO AS TO PROVIDE THAT A PARTY MAY NOT COUNTERCLAIM FOR CUSTODY IN AN ACTION FOR MODIFICATION OF THE CHILD SUPPORT AMOUNT AND TO FURTHER PROVIDE THAT IF A SEPARATE ACTION FOR CUSTODY IS BROUGHT AFTER A MODIFICATION ACTION, THE TWO MAY NOT BE JOINED AND THE MODIFICATION ACTION MUST BE RESOLVED BEFORE THE CUSTODY ACTION MAY BE HEARD.
Read the first time and referred to the Committee on Judiciary.
S. 431 -- 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 WITHIN THE TERRITORY ASSIGNED TO AN ELECTRIC COOPERATIVE IN AN "ECONOMIC IMPACT REGION" AS DEFINED IN SECTION 12-7-1273.
Senator MESCHER spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 432 -- 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 WITHIN THE TERRITORY ASSIGNED TO AN ELECTRIC COOPERATIVE UPON AGREEMENT OF THE AFFECTED ELECTRIC COOPERATIVE.
Senator MESCHER spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 433 -- 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, IF CHOSEN BY THE CUSTOMER, TO ANY LOAD OF 750 KW OR LARGER.
Senator MESCHER spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 434 -- Senators Greg Smith, Martin and Rankin: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, RELATING TO THE LICENSING OF DRIVERS UNDER THE AGE OF 18, AND REPEALING SECTIONS 56-1-40(1), 56-1-50, AND 56-1-180.
Read the first time and referred to the Committee on Transportation.
S. 435 -- Senators Elliott, Martin, Alexander and Reese: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Read the first time and referred to the Committee on Transportation.
S. 436 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 437 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3395 -- Reps. Vaughn and Allison: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREER HIGH SCHOOL YELLOW JACKETS VARSITY FOOTBALL TEAM, THEIR HEAD COACH, STUART HOLCOMBE, PRINCIPAL MARION WATERS, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1994 AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3396 -- Reps. Govan, Felder, Cobb-Hunter, Sharpe and Stuart: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY BULLDOG FOOTBALL TEAM FOR AN OUTSTANDING 1994 SEASON AND HERITAGE BOWL VICTORY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3397 -- Reps. Tucker and Elliott: A CONCURRENT RESOLUTION CONGRATULATING THOMAS BLAIR HERBERT OF ANDERSON ON BEING SELECTED TO ATTEND THE NATIONAL YOUNG LEADERS CONFERENCE IN WASHINGTON, D.C.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: 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.
H. 3370 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO ELECTIONS FOR MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 5, SO AS TO PROVIDE THAT THE BOARD RATHER THAN THE COMMISSIONERS OF ELECTION FOR FLORENCE COUNTY SHALL CONDUCT THE ELECTIONS AND TO PROVIDE THAT ANY MEMBER OF THE BOARD MUST RECUSE HIMSELF INVOLVING MATTERS PERTAINING TO HIS ELECTION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 312 -- Senator Alexander: A BILL TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO INCLUDE IN THE DEFINITION OF "TRADEMARK" THE SYMBOL OF THE INTERNATIONAL OLYMPIC COMMITTEE, THE EMBLEM OF THE UNITED STATES OLYMPIC COMMITTEE, AND RELATED ITEMS AND MATTERS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 45 -- Senator Greg Smith: A BILL TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY PROVIDING THAT BEGINNING FEBRUARY 1, 1995, AT THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION, THE TERMS OF THE COMMISSIONERS ELECTED INITIALLY THEREAFTER SHALL BE STAGGERED, TWO SHALL SERVE FOR THREE YEARS, TWO SHALL SERVE FOR TWO YEARS, AND TWO SHALL SERVE FOR ONE YEAR. PROVIDED, HOWEVER, THAT AT THE EXPIRATION OF THESE TERMS, COMMISSIONERS SHALL BE ELECTED TO TWO-YEAR TERMS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 313 -- Senator McConnell: A BILL TO AMEND SECTION 54-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTAGE LICENSES, SO AS TO DELETE THE DRAFT RESTRICTIONS FOR APPRENTICE BRANCH LICENSES AND TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH IN REGULATION THE TONNAGE AND DRAFT RESTRICTIONS FOR EACH SHORT BRANCH APPRENTICE LICENSE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3137 favorable:
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".
AYES
COURSON THOMAS WILSON MATTHEWS RUSSELL PATTERSON STILWELL
TOTAL--0
NOT VOTING
PASSAILAIGUE PEELER O'DELL
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
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.
(By prior motion of Senator SETZLER)
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.
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.
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.
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 that portion of the Senate Resolution pertaining to Rule 19(11). The question being the adoption of Rule 19(11).
Senator ROSE proposed the following Amendment No. 2 (338R012.MTR), which was tabled:
Amend the bill, as and if amended, page 4, after line 11, by adding the following:
(9) In the election of the Chairmen of the Standing Committees, the Senate shall proceed viva voce, severally, to elect the Chairman of each committee by a majority vote. A member who has served as Chairman of a Standing Committee for two terms or eight years as of 1995 or thereafter is not eligible for re-election to that chairmanship. Upon expiration of one term or four years after ceasing to be Chairman of a Standing Committee due to having been Chairman of that Committee for two terms or eight years, the member would be eligible for election again as Chairman of said Committee. /
Amend title to conform.
Senator ROSE explained the amendment.
Senators WILLIAMS and McCONNELL argued contra to the adoption of the amendment.
Senator PEELER argued in favor of the adoption of the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Ford Giese Glover Gregory Hayes Holland Land Lander Leatherman Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Reese Russell Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Washington Williams Wilson
Elliott Mescher Peeler Richter Rose Ryberg Waldrep
The amendment was laid on the table.
The question then was the adoption of Rule 19(11), as amended.
Senator McCONNELL moved to table Rule 19(11), as proposed in the Resolution.
Rule 19(11) was laid on the table.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.
On motion of Senator BRYAN, the Bill was committed to the Committee on Finance.
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.
Senator COURSON moved that the Resolution be made a Special Order.
Senator WASHINGTON raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Resolution had not been on the Calendar for a minimum of six statewide legislative days.
The ACTING PRESIDENT sustained the Point of Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
Having received a favorable report from the Hampton County Delegation, the following appointments were confirmed in open session:
Reappointments, Hampton County Magistrates, with terms to expire April 30, 1998:
Honorable Mary F. Henderson, Post Office Box 314, Hampton, S.C. 29924
Honorable Virgin Johnson, Sr., Post Office Box 314, Hampton, S.C. 29924
Honorable Algernon G. Solomons, Jr., Post Office Box 969, Estill, S.C. 29918
MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Joseph C. Hutson of Summerville, S.C.
At 1:22 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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