Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words of faith recorded in the Book of the Acts of the Apostles (2:1-2) (NRSV):

"When the day of Pentecost had come,

they were all together in one place.

And suddenly from heaven there came a sound

like the rush of a violent wind..."
Let us pray.

Father of us all, we rejoice at the news from space that the American astronauts and the Russian cosmonauts are together in space... thrilled at working together!

Thank You, Lord!

We pray a special prayer of blessing upon Your servant, our new-found friend in faith, Dennis Datta, Executive Director of the KOINONIA in Bangladesh, with whom we shared the period of prayer and the "breaking of bread" in Washington last week when nearly 4,000 souls of goodwill came together from across the world to pray... as he returns to his duties in spreading "the Word" in the explosive region of the Middle East.

Grant, O Lord, a renewal of Pentecost... in our age.

Amen.

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

January 31, 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

Initial Appointment, Lexington County Magistrate, with term to commence January 19, 1995, and to expire April 30, 1995:

Ms. Llewellyn H. Hames, 672 Old Friars Road, Columbia, S.C. 29210-3723 VICE Cameron F. Crawford (resigned)

January 27, 1995
John K. Tanner
Acting Chief, Voting Section
Civil Rights Division
Department of Justice
320 First Street N.W., Room 818A
Washington, D.C. 20001

Dear Mr. Tanner:

Pursuant to the prior order of the three-judge District Court in the consolidated cases of Statewide Reapportionment Advisory Committee v. Campbell, C.A. No. 3:91-3310-1, and Burton v. Sheheen, C.A. No. 3:91-2983-1 (D.S.C.), Senate District Seven is submitted for preclearance under Section 5 of the Voting Rights Act. The district is being submitted because a special election must be held to fill the vacancy resulting from the expulsion of the incumbent senator following his conviction for federal tax violations involving cash transactions. The three-judge panel's 1992 order drawing the existing district, 793 F. Supp. 1329 (D.S.C. 1992), was vacated by the Supreme Court, 113 S.Ct. 2954 (1993), and the three-judge panel subsequently held that the use of the 1992 districts for a special election required preclearance. This district, which has a black VAP of 47.7%, is the same district that the three-judge panel drew in 1992. The district elected a black senator in 1992. (A district with a similar configuration and racial composition, which was precleared by the Attorney General, elected a black senator in 1984 and 1988.)

Pursuant to 28 C.F.R. Section 51.27, the following information is submitted:
(a)   A copy of the court order embodying the change affecting voting. See Exhibit 1 (court order filed August 22, 1994); Exhibit 3 (Writ of Election calling for special election to fill Senate District Seven).
(b)   A copy of the court order embodying the voting practice that is proposed to be changed. See Exhibit 2 (court order filed May 1, 1992, establishing court-drawn plan).
(c)   If the change affecting voting is either not readily apparent on the face of the documents provided above, or is not embodied in a document, a clear statement of the change explaining the difference between the submitted change and the prior law or practice, or explanatory materials adequate to disclose to the Attorney General the difference between the prior law and the proposed situation with respect to voting. Not applicable.
(d)   The name, title, address, and telephone number of the person making the submission.

The Honorable Marshall B. Williams
President Pro Tempore of the South Carolina Senate
P.O. Box 142
Columbia, S.C. 29202

ATTN: MARK A. PACKMAN

Dickstein, Shapiro & Morin, L.L.P.

2101 L Street, NW

Washington, DC 20037-1526
Telephone: (202) 785-9700
Fax: (202) 887-0689
(e)   The name of the submitting authority and the name of the jurisdiction responsible for the change, if different. As President Pro Tempore of the Senate, I make this submission on the Senate's behalf in compliance with the three-judge court order filed August 22, 1994. See Exhibit 1.
(f)   If the submission is not from a state or county, the name of the state and county in which the submitting authority is located. The State of South Carolina.
(g)   Identification of the person or body responsible for making the change and the mode of decision. See Exhibit 1.
(h)   A statement identifying the statutory or other authority under which the jurisdiction undertakes the change and a description of the procedures the jurisdiction was required to follow in deciding to undertake the change. Currently, the South Carolina Senate is still subject to the three-judge panel's jurisdiction in Statewide Reapportionment Advisory Committee v. Campbell. The court has given the Senate until August 1, 1995, to obtain passage and preclearance of a redistricting plan for use in future elections. On January 17, 1995, Theo W. Mitchell was expelled as the Senator for Senate District Seven, following his conviction for federal tax violations involving cash transactions. Pursuant to Section 25 of Article III of the South Carolina Constitution and Section 7-13-190 of the South Carolina Code Annotated, Lieutenant Governor Robert L. Peeler issued a Writ of Election which provided a schedule for a special election to fill the vacancy. See Exhibit 3.
(i)   The date of adoption of the change affecting voting. See Exhibit 3.
(j)   The date on which the change is to take effect. The Writ of Election set the following schedule for the special election:

Filing opens                     Noon, February 3, 1995

Filing closes                     Noon, February 13, 1995

Primary Election Date             April 4, 1995

Primary Run-Off Election Date     April 18, 1995

Special Election Date             May 23, 1995
(k)   A statement that the change has not yet been enforced or administered, or an explanation of why such statement cannot be made. Although the Writ of Election has been issued by the Lieutenant Governor, Mr. James F. Hendrix, the Executive Director of the State Election Commission, has been advised that under the court order states the election should not take place until Senate District Seven receives preclearance by the Department of Justice. See Exhibit 4.
(l)   Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change. Senate District Seven.
(m)   A statement of the reasons for the change. See Exhibit 1.
(n)   A statement of the anticipated effect of the change on members of racial or language minority groups. In the past, the Voting Section has looked at whether it was possible to draw additional majority-minority districts in the areas under consideration. While the Senate does not necessarily agree with this approach, even if it were applied here, District Seven could not possibly give rise to a Section 5 violation. District Seven has a black VAP of 47.7%. The five adjacent districts, Districts Four, Five, Six, Eight, and Nine, have black VAP's of only 12.9%, 8.4%, 4.5%, 7.6%, and 21.8% respectively, and the black population in these districts is not contiguous to District Seven. In short, the minority population simply is not "sufficiently large and geographically compact to constitute a majority in another single-member district," nor is there adjacent or nearby black population which might be included in District Seven to increase its black VAP. Thornburg v. Gingles, 478 U.S. 30, 50 (1986). In fact, all of the plans submitted to the court in aiding the court to arrive at the 1992 plan drew District Seven in virtually the same manner, including those that created more black VAP majority districts than the court's plan.
(o)   A statement identifying any past or pending litigation concerning the change or related voting practices. Currently, the South Carolina Senate is still subject to the three-judge panel's jurisdiction in Statewide Reapportionment Advisory Committee v. Campbell.
(p)   A statement that the prior practice has been precleared (with the date) or is not subject to preclearance and a statement that the procedure for the adoption of the change has been precleared (with the date) or is not subject to the preclearance requirement, or an explanation of why such statements cannot be made. The prior practice is the election under the court-drawn plan of 1992, which is not subject to preclearance procedures.
(q)   For redistrictings, items listed in 28 C.F.R. Section 51.28(a)(1) and (b)(1) must be included. See references below submitted pursuant to 28 C.F.R. Section 51.28.
(r)   Other information that the Attorney General determines is required for an evaluation of the purpose or effect of the change. Because this item indicates that the items listed in 28 C.F.R. Section 51.28 would most likely be needed for consideration in the submissions of redistrictings and that in the interest of time such information should be furnished with the initial submission, please see the information listed below.

Pursuant to 28 C.F.R. Section 51.28, the following supplemental information is provided in connection with this submission:
(a)   Demographic information. See Exhibit 5.
(b)   Maps. See Exhibit 6.
(c)   Annexations. Not applicable.
(d)   Election returns: Where a change may affect the electoral influence of a racial or minority language group, returns of primary and general elections conducted by or in the jurisdiction may be included in the submission:
(1)   Name of each candidate.
(2)   Race or language group of each candidate, if known.
(3)   Position sought by each candidate.
(4)   Number of votes received by each candidate, by voting precinct.
(5)   Outcome of each contest.
(6)   Number of registered voters, by race and language group, for each voting precinct for which election returns are furnished. Information with respect to elections held during the last ten years will normally be sufficient.
(7)   Election related data containing any of the information described above shall conform to the requirements set out for disks and tapes. Election related data that cannot be accurately presented in terms of census blocks may be identified by county and by precinct. See Exhibit 7.
(e)   Language usage. Not applicable.
(f)   Publicity and participation: For submissions involving controversial or potentially controversial changes, evidence of public notice, of the opportunity for the public to be heard, of the opportunity for interested parties to participate in the decision to adopt the proposed change, and an account of the extent to which such participation, especially by minority group members, in fact took place. Examples of materials demonstrating public notice or participation include:
(1)   Copies of newspaper articles discussing the proposed change. Not applicable.
(2)   Copies of public notices that describe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to identified individuals or groups). Not applicable.
(3)   Minutes or accounts of public hearings concerning the proposed change. Not applicable.
(4)   Statements, speeches, and other public communications concerning the proposed change. Not applicable.
(5)   Copies of comments from the general public. Not applicable.
(6)   Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose. Not applicable.
(g)   Availability of the submission:
(1)   Copies of public notices that announce the submission to the Attorney General, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite comments for the consideration of the Attorney General and statements regarding where such public notices appeared. See Exhibit 8.
(2)   Information demonstrating that the submitting authority, where a submission contains magnetic media, made the disks or tapes available to be copied, or, if so requested, made a hard copy of the data contained on the disk or tape available to be copied. See Exhibit 8.
(h)   Minority group contacts: For submissions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process. See Exhibit 9.

The Senate believes this to be a valid and complete submission, and respectfully requests that it be given expedited consideration.

Respectfully submitted,
Marshall B. Williams
President Pro Tempore of the South Carolina Senate

TO:       MEMBERS, SOUTH CAROLINA SENATE
FROM:   SENATE ETHICS COMMITTEE
DATE:   FEBRUARY 7, 1995
RE:       OPINION 1995-1

The Senate Ethics Committee has received the following questions that we feel should be answered through this Opinion:
First, is there any prohibition against elected officials participating or hosting a dinner to benefit a non-profit corporation? Second, several businesses have indicated an interest in sponsoring this event. Is there any prohibition against a business sponsoring an event to honor an elected official? Third, can donations from lobbyists' principals be accepted? All donations will be made directly to the non-profit corporation.
In answering these questions, the Committee feels that it is necessary to remind Members of the definitions of "Anything of value", and "Lobbyist's principal", as defined in The Ethics, Government Accountability, and Campaign Reform Act of 1991:

"SECTION 8-13-100. Definitions.
As used in Articles 1 through 11:(1)   (a) "Anything of value" or "thing of value" means:
(i) a pecuniary item, including money, a bank bill, or a bank note;
(ii) a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;
(iii) a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
(iv) a stock, bond, note, or other investment interest in an entity;
(v) a receipt given for the payment of money or other property;
(vi) a chose-in-action;
(vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
(viii) a loan or forgiveness of indebtedness;
(ix) a work of art, an antique, or a collectible;
(x) an automobile or other means of personal transportation;
(xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;
(xii) an honorarium or compensation for services;
(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or compensatory worth to a person.
(b) "Anything of value" or "thing of value" does not mean:
(i) printed informational or promotional material, not to exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;
(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;
(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college;
(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee; or
(vii) a campaign contribution properly received and reported under the provisions of this chapter."

Section 2-17-10(14) defines a "Lobbyist's principal" as follows:
"'Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter.
A person is considered a lobbyist's principal only as to the public office or public body to which he is authorized, pursuant to this chapter, a lobbyist to engage in lobbying."[1]

[1] This definition of a "Lobbyist's principal" recently became law; on January 12, 1995.

The Ethics Act was written in part to distance Members from possible conflicts of interest between them and lobbyist and lobbyist's principals. The Ethics Act was not written to prohibit Members from engaging in the normal day to day activities of highly involved community service. The Committee understands, and through previous writings reveals it's opinion[2], that Membership in the Senate of South Carolina should not close the door on community involvement, in fact in most all cases, Members see a rapid increase in their donation of time and resources to many community service organizations.

[2]The Senate Ethics Committee Opinions 1993-4 and 1993-7 guide Members as to what is acceptable use of campaign funds; in particular, we point to the thought process of the Committee as it discussed in these opinions how Members are often asked to donate money to various groups to which they would not ordinarily be asked to donate were it not for their elected position. The Committee feels that these opinions, though they do not deal with the questions presented in this Opinion, 1995-1, speak volumes as to the proper conduct of Members concerning community involvement and charitable work. We further direct Members to Senate Ethics Committee Opinion 1993-6, which deals with Members being appointed to serve on the Trident Region's Better Economic Solutions Together(B.E.S.T.) Policy Committee, a committee created by Executive Order. The B.E.S.T. committee membership was allowed by the Committee. Even though this Opinion dealt with separation of powers, the thought process of the Committee is clear, Members involvement in community affairs increases from the date of election to this body and should not be hampered.

To answer the first question presented in this opinion we say, there is no prohibition against elected officials participating in or hosting a dinner to benefit a non-profit corporation.

Participating in or hosting a function to benefit a non-profit corporation is a longstanding function of elected officials and especially Members of the Senate of South Carolina. The public of this State expects, and in many cases almost demands, that Members participate in various functions that benefit charitable organizations. Our (the Members of the Senate) collective donations to and involvement with non-profit corporations and charitable organizations surely must reach into the thousands of dollars each year, not to mention the time donated by members to such groups each year. The Ethics Act does not prohibit these actions by Members.

The second question presented can be answered with a qualified no. Businesses can financially and through in-kind contributions, sponsor an event that honors a Member.

This is also a longstanding tradition. Members are recognized for their many years of involvement to the community or particular groups of the community, with events like a banquet. In many cases, the group wishing to honor the Member seeks corporate sponsorship of such events. In most cases, as is in the one presented in this question, the proceeds derived from the event are donated to a non-profit corporation or charitable organization. We see nothing that would prohibit a Member from being so honored nor do we find anything that would prohibit other Members from participating in organizing such events.

We do, however, caution the Members to be aware of Section 8-13-100(1)(b) and 8-13-100(b)(iii) which reads as follows:
"(b) 'Anything of value' or 'thing of value' does not mean:"
"(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars."

Therefore, Members being so honored should not accept an award that exceeds the threshold of one hundred fifty dollars.

The third part of this question deals with the acceptance of financial donations from lobbyist's principals to an event that is being hosted by Members to honor a Member, while the proceeds from the event will be donated to a non-profit corporation or charitable organization.

A lobbyist's principle is not prohibited from donating to this type of event, nor are Members prohibited from participating in this type of event. A thorough reading of the Ethics Act does not prohibit members from engaging with lobbyist's principals in events or activities as described in this series of questions. Community involvement, and the giving of time and resources to non-profit corporations and charitable organizations is deemed a proper function of Members and of corporate citizens.

Members are cautioned, however, that the soliciting of contributions for such an event should be made directly to the lobbyist's principle and not the lobbyist. The appearance of any contact with a lobbyist concerning such donations should be avoided. Members are reminded that in all cases, the activities of individual Members must meet both the spirit and the letter of The Ethics, Government Accountability, and Campaign Reform Act of 1991. Activities of Members of the Senate of South Carolina, not only must be right but also, should look right in the eyes of the public.

At 12:30 P.M., Senator MATTHEWS requested a leave of absence until 3:00 P.M.

On motion of Senator MATTHEWS, at 12:30 P.M., Senator WASHINGTON was granted a leave of absence until 3:00 P.M.

The following were introduced:

S. 449 -- Senators Washington and Waldrep: A BILL TO AMEND SECTION 59-39-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DRIVER EDUCATION AND TRAINING COURSES, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION MAY PERMIT A SCHOOL DISTRICT, WHICH IT DETERMINES DOES NOT HAVE SUFFICIENT RESOURCES TO ACQUIRE THE VEHICLES, OTHER EQUIPMENT, AND STAFF NECESSARY TO PROVIDE THE REQUIRED SIX HOURS OF BEHIND-THE-WHEEL DRIVING TRAINING, TO USE COMPUTER GRAPHICS, TAPES, AND OTHER TYPES OF VISUAL AIDS TO SIMULATE BEHIND-THE-WHEEL DRIVING, AND TO PROVIDE THAT UPON APPROVAL, COMPLETION OF THIS SIMULATED BEHIND-THE-WHEEL DRIVING TRAINING IS CONSIDERED SUFFICIENT TO OBTAIN CREDIT FOR THIS COURSE IF ALL OTHER REQUIREMENTS ARE MET.

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

S. 450 -- Senator Bryan: A BILL TO AMEND SECTION 50-11-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE, SO AS TO RESTRICT OTHER FORMS OF HUNTING WITHIN ONE HUNDRED YARDS OF A RESIDENCE.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 451 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE, SO AS TO PROVIDE THAT EFFECTIVE IMMEDIATELY UPON THE RATIFICATION INTO LAW OF THIS PROVISION, NO PERSON WHO IS IN THE LAST YEAR OF A SIXTH CONSECUTIVE TERM AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, OR WHO IS IN THE LAST YEAR OF A THIRD CONSECUTIVE TERM AS A MEMBER OF THE SENATE, OR WHO HAS SERVED TWELVE CONSECUTIVE YEARS IN THE GENERAL ASSEMBLY EITHER AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES OR A COMBINATION THEREOF SHALL BE ELIGIBLE FOR A SEAT IN THE GENERAL ASSEMBLY, AND TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING REQUIRED TO VACATE HIS SEAT DURING A TERM FOR WHICH HE WAS ELECTED.

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

S. 452 -- Senator Moore: A SENATE RESOLUTION TO COMMEND GEORGE S. PARDUE, ASSISTANT VICE PRESIDENT, PLANT SERVICES, OF GRANITEVILLE COMPANY FOR HIS OUTSTANDING SERVICE UPON THE OCCASION OF HIS RETIREMENT, TO WISH FOR HIM MANY HAPPY AND FULFILLING YEARS, AND TO PROVIDE THAT HE MUST BE PRESENTED THIS RESOLUTION AND RECOGNIZED FOR HIS SERVICE TO GRANITEVILLE COMPANY ON THE OCCASION OF HIS RETIREMENT DINNER ON FEBRUARY 8, 1995.

The Senate Resolution was adopted.

S. 453 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-70 SO AS TO PROVIDE THAT ANY SCHOOL DISTRICT OF THIS STATE MAY PURCHASE SCHOOL TEXTBOOKS ALREADY APPROVED BY THE DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL USE IN SCHOOL DIRECTLY FROM AN AVAILABLE SUPPLIER WHEN NEEDED FOR INSTRUCTION BY THE SCHOOL DISTRICT IF THE TEXTBOOKS ARE NOT AVAILABLE FROM THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE THAT THE DISTRICT SHALL BE REIMBURSED FOR SUCH PURCHASE; BY ADDING SECTION 59-31-75 SO AS TO PROVIDE THAT NO PUBLIC SCHOOL OF THIS STATE MAY OFFER A COURSE TO STUDENTS FOR WHICH ANY TEXTBOOK OR OTHER MATERIAL FOR THE COURSE IS NOT AVAILABLE TO BE USED IN THE COURSE, OR ON ORDER WITH A CONFIRMED DELIVERY DATE OF PRIOR TO THE BEGINNING DATE OF THE COURSE; AND BY ADDING SECTION 59-31-80 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO REPORT ANNUALLY TO THE STATE SUPERINTENDENT OF EDUCATION THE TEXTBOOKS IT DOES NOT HAVE AVAILABLE FOR STUDENTS DURING THE CURRENT SCHOOL YEAR, THE REASONS FOR THE SHORTAGE, THE CORRECTIVE ACTION ATTEMPTED TO ALLEVIATE THE SHORTAGE, AND THE PROJECTED DOLLAR SHORTAGE FOR NEEDED TEXTBOOKS FOR THE NEXT SCHOOL YEAR, TO REQUIRE THE SUPERINTENDENT OF EDUCATION TO COMPILE AND SUMMARIZE THESE REPORTS AND SUBMIT THEM TO THE GENERAL ASSEMBLY, TO REQUIRE THE GENERAL ASSEMBLY TO FUND THESE TEXTBOOK NEEDS FOR THE NEXT SCHOOL YEAR AS REFLECTED IN THE SUMMARY OF THE SUPERINTENDENT OF EDUCATION BEFORE ANY OTHER APPROPRIATIONS FOR PUBLIC EDUCATION MAY BE MADE, AND TO REQUIRE A TWO-THIRDS VOTE OF EACH HOUSE IF THE FUNDING PROVIDED FOR TEXTBOOKS IS LESS THAN WHAT IS REFLECTED IN THE REPORT OF THE SUPERINTENDENT OF EDUCATION.

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

S. 454 -- Senator Thomas: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 10 SO AS TO ENACT THE HOSPITAL FAIR PRICING ACT, TO DEFINE TERMS, TO ALLOW ACUTE CARE HOSPITALS TO PURCHASE SERVICES FROM SOLE PROVIDER HOSPITALS AT A CERTAIN RATE, AND TO PROVIDE A CAUSE OF ACTION AND INJUNCTIVE RELIEF FOR VIOLATIONS; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE HEALTH PLAN FOR USE IN THE ADMINISTRATION OF THE CERTIFICATE OF NEED PROGRAM, SO AS TO PROVIDE THAT THE PLAN MUST CONTAIN A POLICY STATEMENT REQUIRING ACCESS TO HEALTH CARE SERVICES BY A PROVIDER SO THAT THE PROVIDER MAY OFFER THESE SERVICES ON A COMPETITIVE BASIS, WHERE COMPETITION IS PERMITTED; AND TO REQUIRE IN THE PLAN STANDARDS TO ENFORCE THIS POLICY AND STANDARDS FOR PREVENTING EXERCISE OF OR DAMAGES FROM A MARKET POWER RESULTING FROM THE EXISTENCE OF THE CERTIFICATE OF NEED PROGRAM.

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

S. 455 -- Senator Thomas: A BILL TO AMEND TITLE 44, CHAPTER 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH COMMISSION AND TO TRANSFER THE POWERS AND DUTIES OF THE COMMISSION TO THE DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH AND TO REVISE THESE POWERS AND DUTIES; TO AMEND TITLE 44, CHAPTER 11, RELATING TO THE ORGANIZATION AND CONTROL OF STATE MENTAL HEALTH FACILITIES, SO AS TO ESTABLISH THE WILLIAM S. HALL PSYCHIATRIC INSTITUTE AS THE REGIONAL PSYCHIATRIC HOSPITAL FOR CERTAIN MENTAL HEALTH CENTERS AND TO CHANGE REFERENCES FROM THE COMMISSION TO THE DIRECTOR; TO AMEND SECTION 44-15-60, AS AMENDED, RELATING TO THE ESTABLISHMENT AND COMPOSITION OF COMMUNITY MENTAL HEALTH CENTER BOARDS, SO AS TO ESTABLISH REGIONAL BOARDS; TO AMEND SECTION 44-15-70, RELATING TO POWERS OF COMMUNITY MENTAL HEALTH CENTER BOARDS, SO AS TO REVISE THESE POWERS; AND TO AMEND SECTION 44-52-5, RELATING TO STATE POLICY FOR THE TREATMENT OF CHEMICAL DEPENDENCE, SO AS TO TRANSFER ALL POWERS, DUTIES, PROPERTY, PERSONNEL, AND FINANCIAL RESOURCES FOR THE TREATMENT OF INDIVIDUALS WITH CHEMICAL ADDICTIONS TO THE DEPARTMENT OF MENTAL HEALTH.

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

S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

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

S. 457 -- Senator McConnell: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

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

S. 458 -- Senator Ford: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES AND THEIR TERMS, LOCATIONS, AND TERRITORIAL JURISDICTIONS, SO AS TO PROVIDE THAT THE SENATORS REPRESENTING THE COUNTY FROM WHICH A MAGISTRATE IS APPOINTED, RATHER THAN THE COUNTY GOVERNING BODY, SHALL DETERMINE THE NUMBER OF HOURS REQUIRED FOR EACH MAGISTERIAL POSITION AND THE AREA OF THE COUNTY TO WHICH EACH MAGISTERIAL POSITION SHALL BE ASSIGNED.

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

S. 459 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-25 SO AS TO PROVIDE THAT AN ATTORNEY AT LAW RESIDING IN THIS STATE AND LICENSED TO PRACTICE LAW IN THIS STATE UPON HIS REQUEST SHALL BE PLACED ON INACTIVE STATUS WITH THE SOUTH CAROLINA STATE BAR IF HE MOVES HIS PRINCIPAL RESIDENCE TO ANOTHER STATE, AND TO PROVIDE FOR A REDUCED ANNUAL LICENSE FEE AND NO CONTINUING LEGAL EDUCATION REQUIREMENTS FOR ATTORNEYS IN THIS INACTIVE STATUS.

Senator ROSE spoke on the Bill.

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

S. 460 -- Senators Peeler, Leventis, Land and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3019 -- Reps. Simrill, Cato, Walker, Meacham, Kirsh, Stille, Kelley, Richardson, Gamble, Phillips, Spearman, Robinson, Riser and Shissias: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION OR USE OF A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

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

H. 3051 -- Reps. Vaughn and Lloyd: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO PROVIDE THAT THE FEE OF TEN DOLLARS ANNUALLY IS AUTHORIZED FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER WHO LEASES A VEHICLE.

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

H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.

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

H. 3090 -- Reps. Cromer and Stille: A BILL TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN MAGISTRATE'S COURT, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

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

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

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

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

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

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

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

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

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

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

Read the first time and referred to the General Committee.

H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett, Lloyd and T. Brown: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

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

H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

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

H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber, Cotty, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart, Baxley, Clyburn, Lloyd and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

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

H. 3178 -- Reps. Meacham, Cato, Walker, Allison, Delleney, Knotts, Law, Richardson, Herdklotz, Robinson, Seithel and Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-443 SO AS TO PROVIDE THAT ALL SCHOOLS SHALL PROVIDE FOR A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY.

Senator PEELER spoke on the Bill.

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

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

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

H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1772, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3441 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO ADMINISTRATIVE CHANGES IN PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1780, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

Whereas, the Tenth Amendment to the Constitution for 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 scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be the agent of the States; and

Whereas, today in 1994 the States are demonstrably treated as agents of the federal government; and

Whereas, many federal mandates are directly in violation of the Constitution for the United States; and

Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), that the 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 House of Representatives, the Senate concurring:

That: (1) The State of South Carolina hereby claims sovereignty under the Tenth Amendment to the Constitution for the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution for the United States.

(2)   All government agencies, quasi-government agencies, their agents and employees operating within the geographic boundaries of the State of South Carolina, or all government agencies, their agents and employees whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution for the United States or be subject to penalty of law as provided for now or in the future within the Constitution for the State of South Carolina, the South Carolina Statutes, or the Common Law as guaranteed by the Constitution for the United States.

(3)   This resolution serves as Notice and Demand to our agent, i.e., the federal government, effective immediately, to cease and desist from mandates which exceed the scope of its constitutionally delegated powers. Such powers are limited and defined by Article I, Section 8 of the Constitution for the United States as follows:

"The ... power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States;

To borrow Money on the Credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the punishment of Counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the Supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;

To exercise exclusive legislation in all Cases whatsoever, over such District (not exceeding ten miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the erection of Forts, Magazines and Arsenals, dock yards, and other needful buildings; -- And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

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 South Carolina's Congressional Delegation, all at Washington, D.C., and to the Speaker of the House and the President of the Senate of the other forty-nine States of the Union.

Referred to the Committee on Judiciary.

H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.

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

That the Honorable William M. Detweiler, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:30 P.M. on Wednesday, March 22, 1995.

Referred to the Committee on Invitations.

H. 3458 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to a current population of 139,000 people; and

Whereas, the total property value has doubled in York County over the last seven years, and the total estimated valuation rose to a record amount last year exceeding 187 million dollars; and

Whereas, gross retail sales in York County have nearly doubled since 1986, and increased over twenty-one percent during the past two years to an estimated 2 billion dollars last year; and

Whereas, a total of seven new companies, some nationally known, announced plans to locate to York County in 1995, providing a total investment of 20.5 million dollars; and eight existing industries expanded last year for a total investment of 19 million dollars; and

Whereas, a total of 1,318 new jobs were created in York County last year; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased over twenty-seven percent last year, and accommodation tax collections have increased over seventeen percent from last year. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring February 28, 1995, "York County Day".

Referred to the Committee on Invitations.

H. 3458 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

Senator HAYES asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.

On motion of Senator HAYES, with unanimous consent, the Resolution was taken up for immediate consideration.

H. 3458 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

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

H. 3488 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A CONCURRENT RESOLUTION CONGRATULATING EDWARD S. ERVIN, III, OF SUMTER COUNTY ON THE HONOR BESTOWED UPON HIM BY FRANCIS MARION UNIVERSITY WHEREIN THE UNIVERSITY HAS NAMED ITS DINING HALL FOR HIM.

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

H. 3492 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE D. N. HOLT, JR., FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

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

H. 3494 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ALEX CHATMAN OF WILLIAMSBURG COUNTY FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS CHAIRMAN OF THE WILLIAMSBURG COUNTY COUNCIL AND AS COUNTY SUPERVISOR.

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

H. 3495 -- Reps. McElveen, J. Young, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION CONGRATULATING THE SUMTER COUNTY REGISTER OF MESNE CONVEYANCE DEPARTMENT ON BEING CHOSEN TO RECEIVE AN AWARD OF ACHIEVEMENT FROM THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY.

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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Student Legislature to attend a reception in the Lower Lobby - State House on Tuesday, February 21, 1995, immediately upon adjournment and lasting until 2:00 P.M.

Courson                   Wilson                    Thomas
Patterson                 O'Dell                    Passailaigue
Rose

Peeler                    Matthews                  Russell

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Funeral Directors to attend a reception at the Capital City Club on Tuesday, February 21, 1995, from 8:00 until 9:00 P.M.

Courson                   Wilson                    Thomas
Patterson                 O'Dell                    Passailaigue
Rose

Peeler                    Matthews                  Russell

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Alzheimer's Assn. for S.C. to attend a reception in the Lower Lobby - State House on Thursday, February 23, 1995, from 9:00 until 11:00 A.M.

Courson                   Wilson                    Thomas
Patterson                 O'Dell                    Passailaigue
Rose

Peeler                    Matthews                  Russell

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

The House returned the Bill with amendments.

Senator McCONNELL spoke on the Bill.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

Returned with concurrence.

Received as information.

S. 448 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

Returned with concurrence.

Received as information.

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. 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.

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.

Senator SETZLER explained the Resolution.

Senator MOORE desired to be recorded as voting against the third reading of the Resolution in that he could not obtain sufficient information on the impact of the Regulation prior to third reading.

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.

Senator MOORE desired to be recorded as voting against the third reading of the Resolution in that he could not obtain sufficient information on the impact of the Regulation prior to third reading.

S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.

Senator GIESE spoke on the Bill.

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 WILLIAMS asked unanimous consent to make a motion to place the Joint Resolution in the status of Adjourned Debate.

There was no objection.

Senator WILLIAMS asked unanimous consent to make a motion to commit the Joint Resolution to the Committee on Judiciary, retaining its place on the Calendar.

Senator COURSON objected.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

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

S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

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

Debate was interrupted by adjournment.

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

Initial Appointment, Lexington County Magistrate, with term to commence January 19, 1995, and to expire April 30, 1995:

Ms. Llewellyn H. Hames, 672 Old Friars Road, Columbia, S.C. 29210-3723 VICE Cameron F. Crawford (resigned)

MOTION ADOPTED
On motion of Senators RANKIN, GREG SMITH and ELLIOTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John B. Singleton of Myrtle Beach, S.C., a great and true statesman.

At 12:55 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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