Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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, we join with many in observing today as a National Day of Prayer. Hear words from the ancient Book of Ecclesiastes, Chapter 3 (vv. 9-13) (NRSV):
"What gain have the workers from their
toil?... I know that there is
nothing better for them than to be happy
and enjoy themselves as long as they live;
Moreover, it is God's gift that all should
eat and drink and take pleasure in all their
toil."
Amen.
Let us pray.
Our Father, we thank You that, in a world where there is so much trouble and tragedy and ugliness, there is still so much beauty and goodness... as demonstrated by the good people of Oklahoma City.
Help us not to miss the beauty and the goodness, the fortitude and the love of the simple things of life like friends and loved ones who are loyal to us, and so many who are trying to live the good life and believe in prayer.
In our dealings with each other this day, may we be moved by the good, the true and the beautiful that surround us, remembering that "This is the gift of God."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 2, 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, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:
At-Large - Chairman:
The Honorable Arthur Ravenel, Jr., 635 East Bay Street, Charleston, S.C. 29403 VICE C. Ron Coward (resigned)
Referred to the Committee on Labor, Commerce and Industry.
Columbia, S.C., May 3, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 63, H. 3728 by a vote of 9 to 0:
(R63) H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.
Very respectfully,
Speaker of the House
Received as information.
(R63) H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.
The veto of the Governor was taken up for immediate consideration.
Senator PASSAILAIGUE moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
NAYS
TOTAL--0
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 3, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 64, H. 3788 by a vote of 10 to 0:
(R64) H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
Very respectfully,
Speaker of the House
Received as information.
(R64) H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
The veto of the Governor was taken up for immediate consideration.
Senator PASSAILAIGUE moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
NAYS
TOTAL--0
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The following were introduced:
S. 814 -- Senator Holland: A BILL TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 815 -- Senator Stilwell: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
Read the first time and referred to the Committee on Judiciary.
S. 816 -- Senators Leatherman, J. Verne Smith, Peeler, Martin and McGill: A BILL TO AMEND TITLE 44, CHAPTER 6, ARTICLE 4, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME SANCTIONS, SO AS TO PROVIDE FOR A SURVEY AGENCY FOR THE PURPOSE OF CONDUCTING NURSING HOME COMPLIANCE SURVEYS FOR THE MEDICAID PROGRAM IN SOUTH CAROLINA AND TO REVISE THE SANCTIONS THAT MAY BE IMPOSED.
Read the first time and referred to the Committee on Medical Affairs.
S. 817 -- Senators Courtney, Hayes, Elliott and Reese: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Thursday, May 25, 1995, at 12:00 noon, for the purpose of electing a successor to the member of the South Carolina Consumer Affairs Commission for Seat 3, so as to fill the term which expires June 30, 1995.
On motion of Senator COURTNEY, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration and ordered placed on the Calendar for consideration tomorrow.
H. 4181 -- Reps. R. Smith, Sharpe, Clyburn, Huff, Spearman and Mason: A CONCURRENT RESOLUTION SALUTING BOBBY RUTLAND OF AIKEN COUNTY FOR HIS COMMITMENT TO IMPROVING AND DEVELOPING THE USE OF, AND ACTIVITIES SURROUNDING, LANGLEY POND IN AIKEN COUNTY AS A TRAINING SITE FOR THE 1996 OLYMPIC ROWING TEAMS, AND RECOGNIZING MR. RUTLAND AS A "SOUTH CAROLINA STAR".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4182 -- Reps. Vaughn, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION CONGRATULATING THE MICHELIN COMPANY ON ITS TWENTIETH ANNIVERSARY OF MANUFACTURING AND RESEARCH AND DEVELOPMENT IN THE UNITED STATES, AND COMMENDING MICHELIN, THE NUMBER ONE LEADER IN WORLDWIDE TIRE SALES AND TIRE TECHNOLOGY, FOR ITS NUMEROUS CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND FOR STANDING AS THE EXEMPLARY BENCHMARK FOR ALL OTHER COMPANIES IN THE PALMETTO STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Read the first time and referred to the Committee on Judiciary.
H. 3852 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF PHYSICAL FITNESS SERVICES CONTRACTS, SO AS TO PROVIDE THEY ARE UNENFORCEABLE IF THE CONTRACT DOES NOT COMPLY WITH STATE OR FEDERAL LAW; TO AMEND SECTION 44-79-70, RELATING TO RIGHTS AGAINST SUCCESSORS TO CONTRACT, SO AS TO PROVIDE THAT NO PURCHASER OF A CONTRACT ASSOCIATED WITH PROVIDING PHYSICAL FITNESS SERVICES MAY COLLECT ON THE CONTRACT OR REPORT A DELINQUENCY UNDER THE CONTRACT IF THE CONTRACT IS IN VIOLATION OF THE CHAPTER; AND TO AMEND SECTION 44-79-80, RELATING TO FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO INCLUDE IN THE EXEMPTION FROM CERTAIN REQUIREMENTS, FACILITIES THAT HAVE BEEN IN CONTINUOUS OPERATION FOR TEN OR MORE YEARS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4144 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, 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 Education.
H. 4170 -- Reps. Rhoad and Cave: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS SHALL RECEIVE COMPENSATION OF ONE THOUSAND TWO HUNDRED DOLLARS EACH CALENDAR YEAR.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Ordered for consideration tomorrow.
S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.
The House returned the Bill with amendments.
On motion of Senator LAND, 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. 806 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DAVID WELLS, JR., OF ALCOLU FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY.
Returned with concurrence.
Received as information.
S. 809 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. EDGAR WILLIAMS, JR., OF ROCK HILL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.
The House returned the Bill with amendments.
Senator LAND proposed the following amendment (368R001.JAL), which was adopted:
Amend the bill, as and if amended, page 2, by deleting SECTION 3 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.
(By prior motion of Senator LEATHERMAN)
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Having voted on the prevailing side, Senator ROSE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given a third reading.
There was no objection.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 802 -- Senators Mescher, Rose and Richter: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
(By prior motion of Senator MESCHER)
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTIES IN THEIR COUNTY OF RESIDENCE, WHICH MUST IN TURN TRANSMIT THESE STATEMENTS TO THE EXECUTIVE COMMITTEE OF THE STATE PARTY, AND TO DELETE PROVISIONS RELATING TO PETITION CANDIDATES; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT ALL CANDIDATES UNDER THIS SECTION MUST SUBMIT A NOTICE OR PLEDGE NO LATER THAN THE THIRTIETH OF MARCH; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT CERTIFICATION OF THE NAMES OF CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE NOT LATER THAN TWELVE O'CLOCK NOON ON APRIL NINTH; AND TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES, SO AS TO PROVIDE THAT FILING FOR PETITION CANDIDATES MUST OPEN AT NOON ON THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS FOR A PERIOD TO CLOSE SEVEN DAYS LATER AT NOON.
S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.
H. 4167 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM SEVEN TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION COUNTY.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN proposed the following amendment (EDUC\4167.001), which was adopted:
Amend the bill, as and if amended, on page 1, line 31, after /Union County/ by inserting:
/and two members of the commission must be residents of Laurens County/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF THE GENERAL APPROPRIATION BILL.
Amendment No. 125
Senators COURTNEY, LAND, HOLLAND, SALEEBY, PEELER, BRYAN, MOORE, LEVENTIS, THOMAS, WILSON, RUSSELL, GIESE, JACKSON, MARTIN, WALDREP, RYBERG, GREGORY, GREG SMITH, ELLIOTT, RANKIN, MESCHER, HAYES, REESE, ALEXANDER, LANDER, FORD and GLOVER proposed the following Amendment No. 125 (BBM\10272HTC.95), which was adopted:
Amend the bill, as and if amended, Part IA, Section 4A, page 24, line 29, columns (7) and (8), by striking /3,816,528/ and inserting /3,957,917/.
Amend further, Section 4A, page 27, line 9, in column (7), by striking /6,822,607/ and inserting /6,883,358/ and in column (8) by striking /6,803,636/ and inserting /6,864,387/.
Amend sections, totals and title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 78 (3362R111.JCL), which was adopted:
Amend the bill, as and if amended, Part IA, Section 17C, B&C-DIVISION OF BUDGET AND ANALYSES, page 79, line 34 by:
COLUMN 7 COLUMN 8
STRIKING: 1,025 1,025
( ) ( )
INSERTING: 101,025 101,025
( ) ( )
Amend the bill further, as and if amended, Part IB, Section 17C, DIVISION OF BUDGET AND ANALYSES, page 407, Proviso 17C.10, line 17, by reinserting the proviso to read:
/17C.10.(BCB/DBA: OHR - Leadership South Carolina) The amount appropriated for Leadership South Carolina under the Division of Budget and Analyses shall be used first for state employees and when funds are available for local government employees shall not exceed 50% per person for the total cost of participation. These grants shall not restrict employers from providing funds to cover the remaining costs of the program./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL, PASSAILAIGUE, SHORT, McGILL, O'DELL and ROSE proposed the following Amendment No. 128 (3362R011.GFM), which was carried over and later withdrawn:
Amend the bill, as and if amended, Part IA, Section 18A, Commission on Higher Ed., page 96, lines 3-15 by striking lines 3-15 in columns 7 and 8 in their entirety and inserting the following:
/(7) (8)
3 X. SPECIAL ITEMS
4 HIGHER EDUCATION FUND 33,400,000 1,400,000
5 TOTAL SPECIAL ITEMS 33,400,000 1,400,000
6 ____________ __________
7 TOTAL SPECIAL ITEMS 33,400,000 1,400,000
8 _____________ ___________
9 XI. NON-RECURRING
10 EPSCOR 2,000,000 2,000,000
11 SCAMP 600,000 600,000
12 DESEGREGATION 100,000 100,000
13 WOMENS' LEADERSHIP PGM. 5,000,000 5,000,000
14 TOTAL NON-RECURRING APPRO. 7,700,000 7,700,000
15 TOTAL NON-RECURRING 7,700,000 7,700,000/
Amend remaining lines to conform. Amend title and totals to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
At 11:20 A.M., Senator STILWELL assumed the Chair.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
At 11:45 A.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
Senator WILLIAMS asked unanimous consent to make a motion that the Senate go into Executive Session prior to a recess.
Senator CORK objected.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator McCONNELL asked unanimous consent to make a motion that Amendment No. 128, Amendment No. 129 and Amendment No. 130 be carried over.
Senator CORK objected.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
At 1:00 P.M., Senators ROSE and MESCHER requested a leave of absence until 2:00 P.M.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRYAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Jackson Lander Leventis Martin Matthews McConnell McGill O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senators HAYES, HOLLAND, LAND, LEATHERMAN, MESCHER, MOORE and SALEEBY recorded their presence subsequent to the Call of the Senate.
Senator PASSAILAIGUE resumed arguing in favor of the adoption of the amendment.
Senator CORK argued contra to the adoption of the amendment.
Senator ROSE argued in favor of the adoption of the amendment and Senator PATTERSON argued contra.
Senator SETZLER argued contra to the adoption of the amendment.
Senator SHORT argued in favor of the adoption of the amendment.
Senator McCONNELL argued in favor of the adoption of the amendment.
Senator GIESE spoke on the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Cork Courtney Ford Glover Land Leatherman Matthews Moore Patterson Reese Setzler Smith, J.V. Washington
NAYS
Alexander Bryan Courson Elliott Giese Gregory Hayes Holland Lander Leventis Martin McConnell McGill Mescher O'Dell Passailaigue Peeler Rankin Richter Rose Russell Ryberg Saleeby Short Smith, G. Stilwell Thomas Waldrep Williams Wilson
Recorded Vote
Senators CORK and GLOVER desired to be recorded as voting against the adoption of the amendment.
To avoid even the appearance of a conflict of interest, I wish the Journal to reflect that I abstained from voting on this amendment or any other activities relating to its consideration because my business transacts business with the Association of Citadel Men.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator McCONNELL spoke on the amendment.
Senator McCONNELL asked unanimous consent to take up for immediate consideration Amendment No. 167A.
There was no objection.
Senators McCONNELL, PASSAILAIGUE, SHORT, McGILL and O'DELL proposed the following Amendment No. 167A (3362R130.GFM), which was carried over:
Amend Amendment No. 128 (3362R011.GFM) in the line designated WOMENS' LEADERSHIP PGM., by striking in columns (7) and (8): / 5,000,000 / and inserting in columns (7) and (8): / 2,000,000 /.
Amend titles and total of the amendment to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
Senator SETZLER argued contra to the adoption of the amendment.
At 4:35 P.M., on motion of Senator PASSAILAIGUE, with unanimous consent, the Senate receded from business not to exceed ten minutes, with Senator SETZLER retaining the floor.
At 5:40 P.M., the Senate resumed.
Senator SETZLER spoke on the amendment.
Senator PEELER asked unanimous consent to make a motion that the Senate go into Executive Session prior to a recess.
Senator CORK objected.
Senator MOORE argued contra to the adoption of the amendment.
Senator DRUMMOND asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128.
Senator McGILL objected.
Senator MOORE resumed arguing contra to the adoption of the amendment.
Senator MATTHEWS asked unanimous consent to make a motion that the Senate go into Executive Session prior to a recess.
Senator O'DELL objected.
Senator MOORE argued contra to the adoption of the amendment.
With Senator MOORE retaining the floor, Senator LAND asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128 until 7:00 P.M., at which time, the amendments would be taken up for immediate consideration to the exclusion of all other matters.
There was no objection and the motion was adopted.
Amendment No. 167A and Amendment No. 128 were carried over until 7:00 P.M.
Senators DRUMMOND and J. VERNE SMITH proposed the following Amendment No.139 (005.BBH), which was adopted:
Amend the bill, as and if amended, Part IA, Section 30, Department of Health & Environmental Control, page 0234, line 21 by:
COLUMN 7 COLUMN 8
STRIKING: 18,658,289 2,127,594
( ) ( )
INSERTING: 19,421,980 2,891,285
( ) ( )
Amend further, as and if amended, Part IA, Section 30, Department of Health & Environmental Control, page 233, line 25 by:
COLUMN 7 COLUMN 8
STRIKING: 13,235,662 225,107
INSERTING: 13,635,662 225,107
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS, PATTERSON, WASHINGTON, GLOVER, FORD and JACKSON proposed the following Amendment No. 163 (006.BBH), which was tabled:
Amend the bill, as and if amended, Part IA, Section 39, Human Affairs Commission, page 285, line 6 by:
COLUMN 7 COLUMN 8
STRIKING: 862,869 507,214
( ) ( )
INSERTING: 908,869 553,214
Amend the bill further, as and if amended, Part IA, Section 39, Human Affairs Commission, page 285, line 13 by:
COLUMN 7 COLUMN 8
STRIKING: 131,492 5,047
( ) ( )
INSERTING: 185,492 59,047
( ) ( )
Amend sections, totals and title to conform.
Senator J. VERNE SMITH spoke on the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senators THOMAS, J. VERNE SMITH, DRUMMOND, LAND and COURSON proposed the following Amendment No.92 (PT\1961AC.95), which was adopted:
Amend the bill, as and if amended, Part IA, Section 42, Department of Probation, Parole and Pardon, page 0291, line 36, opposite other operating expenses by increasing the amounts in columns (7) and (8) by $1,000,000.
Amend sections, totals and title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courtney Drummond Glover Land McConnell Mescher Passailaigue Patterson Saleeby
NAYS
Cork Courson Elliott Ford Giese Gregory Hayes Holland Jackson Lander Leatherman Leventis Martin Matthews McGill Moore O'Dell Peeler Rankin Reese Richter Rose Russell Ryberg Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 80 (017.DGJ), which was adopted:
Amend the bill, as and if amended, Part IA, Section 54, PUBLIC SERVICE COMMISSION, page 335, lines 7 & 8 (Classified Positions) by:
COLUMN 7 COLUMN 8
STRIKING: 270,398
(7.00)
INSERTING: 327,797
(10.00)
Amend the bill further, as and if amended, Part IA, Section 54, PUBLIC SERVICE COMMISSION, page 335, line 11 (Other Operating Expenses) by:
COLUMN 7 COLUMN 8
STRIKING: 31,896
INSERTING: 55,568
Amend sections, totals and title to conform.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 165 (DKA\4004HTC.95), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 3, LEGISLATIVE DEPARTMENT, page 387, by adding an appropriately numbered paragraph at the end to read:
/3.__ (LEG: Textile Study Committee) Of the funds appropriated in Section 3B of Part IA of this act for joint committees, $16,000 and one FTE is transferred from the Children's Committee to the Textile Study Committee./
Renumber paragraphs and amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator REESE moved that the amendment be adopted.
The amendment was adopted.
By previous action of the Senate, the time certain of 7:00 P.M. had arrived and the Senate took up for immediate consideration Amendment No. 167A.
With Senator MOORE retaining the floor, Senator LAND asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128 until 7:30 P.M., at which time, the amendments would be taken up for immediate consideration to the exclusion of all other matters.
There was no objection and the motion was adopted.
Amendment No. 167A and Amendment No. 128 were carried over until 7:30 P.M.
Senators MOORE and RYBERG proposed the following Amendment No. 134 (3362R224.TLM), which was adopted:
Amend the bill, as and if amended, Part IB, Section 30, Department of Health and Environmental Control, page 458, by adding a new proviso at the end of the section to be appropriately numbered:
/ . (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained a certificate of need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for open-heart surgical services before January 1, 1993; and (3) has a written open-heart surgery back-up agreement with a facility that provides an open-heart surgery service located within a thirty-minute one-way drive may provide therapeutic cardiac catheterizations. The facility's authority to continue to provide therapeutic cardiac catheterizations terminates sixty days after the effective date of any changes to the criteria contained in the State Health Plan for issuing a certificate of need for open heart surgery. A facility may continue to provide therapeutic cardiac catheterizations after the sixty-day period only if the facility has applied for a certificate of need for open heart surgery under the new criteria within sixty days of the new criteria's effective date. The facility's authority to continue to provide therapeutic cardiac catheterizations during the period while its certificate of need application under the new criteria is pending terminates upon the issuance of a final non-appealable decision on the application for a certificate of need under the new criteria./
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senators THOMAS, J. VERNE SMITH, DRUMMOND, LAND, COURSON and LEVENTIS proposed the following Amendment No. 147 (17317AC.95), which was adopted:
Amend the bill, as and if amended, Part IB, Section 42, Department of Probation, Parole and Pardon Services, by adding an appropriately numbered paragraph to read:
/42.____. Of the funds appropriated to the Department of Probation, Parole and Pardon Services for community corrections, other operating expenses, the department may expend up to $1,000,000 for the expansion of existing community electronic monitoring of criminal offenders under the jurisdiction of the department. In addition, before September 1, 1995, the department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary Committee identifying additional offender populations to be placed on electronic monitoring and any necessary statutory revisions or additional funding required in order to fully implement this plan. Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the department, and no offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the department's electronic monitoring authority./
Amend sections, totals, and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators HOLLAND, STILWELL and MOORE proposed the following Amendment No. 152A (GJK\21959HTC.95), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72.38(I), page 494, by striking lines 3 through 6 and inserting:
/business of the Commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly./
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
THE SENATE PROCEEDED TO A CONSIDERATION OF PART II AMENDMENTS.
Senator LEVENTIS proposed the following Amendment No. 156 (BBM\10278AC.95), which was adopted:
Amend the bill, as and if amended, Part II, Section 2, page 505, by inserting after the /./ on line 22 /If the department denies an owner's or operator's request for compensation from the Superb Account, the owner or operator may file a petition with an Administrative Law Judge for the matter to be heard as a contested case under the Administrative Procedures Act. Concurrently with the filing of a petition with the Administrative Law Judge, the owner or operator may request reconsideration of the department's denial by a mediation panel appointed by the director of the department. The mediation panel shall meet with the owner or operator and thereafter make a recommendation for settlement to the director or the director's designee. The mediation process must be completed within four weeks from denial of compensation. If a satisfactory settlement is not reached, the owner or operator may then proceed with the hearing before the Administrative Law Judge./
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senator O'DELL proposed the following Amendment No. 32 (PFM\7378BDW.95), which was adopted:
Amend the bill, as and if amended, Part II, by striking Section 63, beginning on page 534 and line 7, and inserting:
TO AMEND SECTION 50-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO REVISE THE COMMITTEE MEMBERS.
A. Section 50-11-20(B) of the 1976 Code, as last amended by Section 1262, Act 181 of 1993, is further amended to read:
"(B) There is created the Migratory Waterfowl Committee composed of nine members. The A designee, who is not a paid employee, of Ducks Unlimited Regional Director for of South Carolina and the immediate past and present chairman of Ducks Unlimited, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive such the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees."
B. This section takes effect on July 1, 1995./
Amend title to conform.
Senator O'DELL argued in favor of the adoption of the amendment.
Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Senator LEVENTIS later withdrew the Point of Order.
Senator RANKIN, with unanimous consent, moved that the amendment be adopted.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 119 (GJK\21926SD.95), which was adopted:
Amend the bill, as and if amended, Part II, Section 54, page 528, by striking line 38.
Amend sections, totals and title to conform.
Renumber items to conform.
Senator REESE explained the amendment.
Senator REESE moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 19 (DKA\3975CM.95), which was tabled:
Amend the bill, as and if amended, Part II, by striking Section 56, beginning on page 529 and line 23, and inserting:
TO AMEND SECTION 56-5-5360, AS AMENDED, OF THE 1976 CODE, RELATING TO OFFICIAL INSPECTION STATIONS, SO AS TO REVISE THE INSPECTION FEE.
Section 56-5-5360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-5360. (a)(A) The department shall designate and approve official inspection stations and is authorized to issue annual permits therefor upon application therefor and payment of the required fee. Motor fleet inspection stations, licensed under this article, shall are not be required to inspect vehicles for the general public. The department shall furnish instructions and all necessary forms to official inspection stations for the inspection of vehicles as herein required in for the issuance of official certificates of inspection and approval.
(b)(B) Application for license must be made on an official form and must be granted only when the department is satisfied that the station is properly equipped properly and has competent personnel to make the inspections and will be conduct them properly conducted. A fee of ten dollars must be charged for every each official inspection station permit issued, or a renewal thereof; provided, that no. A fee may not be charged to official inspection stations of the state, county, or other another political subdivision for garages maintained for the upkeep and maintenance of public- publicly owned vehicles. Any A garage or station being refused the right to issue certificates of inspection upon request must be granted a hearing by the department.
(c)(C) The official inspection stations shall issue a certificate of inspection and approval upon an official form to the owner of a vehicle upon inspecting such the vehicle and determining that its equipment required under the provisions of this article is in good condition and proper adjustment, otherwise no a certificate shall may not be issued. When required by the department, records and reports shall must be made of every each inspection and every each certificate to be issued.
(d)(D) Official inspection stations may charge a fee of not more than two four dollars and fifty cents for each inspection and fifty cents for the issuance of an inspection certificates certificate. Provided, that If any a vehicle does not pass inspection at any a station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection. Inspection forms shall must be prepared by the department and furnished to inspection stations at a cost of fifty cents each.
(e)(E) The department shall properly supervise and cause inspections to be made of the stations' and vehicle inspectors' performance and may, after reasonable notice, may suspend or revoke and require the surrender of the license issued to a station and the permit issued to a vehicle inspector which it finds is not properly equipped or conducted. The department shall maintain and post at its office, lists of all stations issued licenses and vehicle inspectors issued permits and of those licenses and permits that have been suspended or revoked.
Monetary penalties which may be imposed separately upon a vehicle inspection station or a vehicle inspector in lieu instead of suspension or revocation are as follows:
For a first offense Not less than twenty-five dollars nor more than one hundred dollars
For a second offense Not less than fifty dollars nor more than one hundred dollars
For a third offense Not less than one hundred dollars nor more than two hundred dollars
For a fourth and each Not less than five hundred dollars nor more subsequent offense than two thousand dollars
(f)(F) Official inspection stations and vehicle inspectors whose licenses or permits are suspended or revoked under the provisions of this section may request in writing a hearing, and upon receipt of the request, the department shall schedule a hearing pursuant to the Administrative Procedures Act. The hearing must be in the county where the permittee resides unless the department and the licensee or permittee agree that the hearing may be held in some other another county. The review may must be held by a duly authorized agent of the department. Upon the hearing, the department shall either rescind its order of suspension or revocation or, for good cause appearing, may continue, modify, or extend the suspension or revocation order of the licensee or permittee. The department may impose a monetary penalty against the inspection station and the vehicle inspector in lieu instead of suspension or revocation. Failure to pay the monetary penalty shall result in suspension or revocation of the license of the inspection station or permit of the vehicle inspector.
Any An inspection station whose agents and employees falsely or fraudulently specify work to be done or parts to be installed shall, in addition to suspension or revocation of its license, must be fined the sum of one hundred dollars and the cost of any labor or parts unnecessarily done or installed must be refunded to the vehicle owner.
(g)(G) All such Fees collected by the department shall must be credited to the state general fund."/
Amend sections, totals and title to conform.
Senator BRYAN argued in favor of the adoption of the amendment and Senator LEVENTIS argued contra.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Courson Courtney Elliott Giese Holland Jackson Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Richter Rose Russell Ryberg Short Thomas Washington Wilson
NAYS
Bryan Cork Drummond Gregory Hayes Land Matthews Rankin Setzler Smith, G. Stilwell Waldrep
The amendment was laid on the table.
I abstained from voting on Amendment No. 19 since I own three vehicle inspection stations and to some it might appear to be a conflict of interest.
By previous action of the Senate, the time certain of 7:30 P.M. had arrived and the Senate took up for immediate consideration Amendment No. 167A.
With Senator MOORE retaining the floor, Senator J. VERNE SMITH asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128 until 8:15 P.M., at which time, the amendments would be taken up for immediate consideration to the exclusion of all other matters.
There was no objection and the motion was adopted.
Amendment No. 167A and Amendment No. 128 were carried over until 8:15 P.M.
Senator BRYAN proposed the following Amendment No. 44 (DKA\3977CM.95), which was tabled:
Amend the bill, as and if amended, Part II, by striking Section 56, beginning on page 529 and line 23.
Amend sections, totals and title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LAND proposed the following Amendment No. 117 (PFM\7453BDW.95), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 66, page 574, beginning on line 34, by striking subsection D and inserting:
/D. Except where inappropriate, a reference in a law, a regulation, or another document to Chapters 27 and 29, Title 12 of the 1976 Code or sections in the chapters is considered a reference to the appropriate provisions of Chapter 28, Title 12 of the 1976 Code.
E. This section takes effect July 1, 1995, except Article 23, Chapter 28, Title 12 of the 1976 Code which takes effect September 1, 1995, and applies to sales of motor fuel after April 30, 1996./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
At 7:55 P.M., Senator PATTERSON assumed the Chair.
Senators THOMAS, MARTIN, RYBERG, J. VERNE SMITH and DRUMMOND proposed the following Amendment No. 67 (012.RDY), which was tabled:
Amend the bill, as and if amended, Part II, Section 67, page 575, by striking subsections B, E, and F in their entirety.
Amend sections, totals and title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator LAND argued contra.
At 8:15 P.M., the PRESIDENT assumed the Chair.
Senator LAND argued contra to the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Cork Courson Courtney Elliott Ford Glover Holland Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler Reese Richter Rose Saleeby Short Smith, G. Stilwell Washington
NAYS
Alexander Bryan Drummond Giese Gregory Hayes Martin Moore Russell Ryberg Setzler Smith, J.V. Thomas Waldrep Wilson
The amendment was laid on the table.
By previous action of the Senate, the time certain of 8:25 P.M. had arrived and the Senate took up for immediate consideration Amendment No. 167A.
With Senator MOORE retaining the floor, Senator J. VERNE SMITH asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128 until 8:50 P.M., at which time, the amendments would be taken up for immediate consideration to the exclusion of all other matters.
There was no objection and the motion was adopted.
Amendment No. 167A and Amendment No. 128 were carried over until 8:50 P.M.
Senators GIESE, HAYES, J. VERNE SMITH and THOMAS proposed the following Amendment No. 21 (JIC\5875HTC.95), which was tabled:
Amend the report, as and if amended, Part II, Section 67, page 577, by striking Section 12-21-2804(B) on lines 3, 4, and 5, and inserting:
/(B) (1) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(A)(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(A)(3).
(2) Machines licensed pursuant to Section 12-21-2720(A)(3) may not be located in any place or premises the public entrance of which is within fifty feet of another place or premises in which such machines are located. This distance must be measured by following the shortest route of pedestrian travel from public entrance to public entrance./
Amend sections, totals and title to conform.
Senator GIESE argued in favor of the adoption of the amendment.
Senator GIESE moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Cork Courtney Elliott Ford Glover Holland Jackson Land Lander Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Saleeby Setzler Short Smith, G. Stilwell Washington
NAYS
Alexander Bryan Courson Drummond Giese Gregory Hayes Leatherman Leventis Martin Russell Ryberg Smith, J.V. Thomas Waldrep Wilson
The amendment was laid on the table.
Senators DRUMMOND and J. VERNE SMITH proposed the following Amendment No. 132 (PFM\7449BDW.95), which was adopted:
Amend the bill, as and if amended, Part II, Section 69, page 580, by deleting lines 15 - 18.
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators COURTNEY, LAND, HOLLAND, SALEEBY, PEELER, BRYAN, MOORE, LEVENTIS, THOMAS, WILSON, RUSSELL, GIESE, JACKSON, MARTIN, WALDREP, RYBERG, GREGORY, G. SMITH, ELLIOTT, RANKIN, MESCHER, HAYES, REESE, ALEXANDER, LANDER, FORD and GLOVER proposed the following Amendment No. 124A (3362R236.CTC), which was adopted:
Amend the bill, as and if amended, Part II, page 583, line 24, item (2), by adding after the word /Circuit/ the following:
/and Family/.
Amend the bill further, as and if amended, Part II, page 583, lines 26 and 27, by striking item (3) in its entirety.
Amend sections, totals and title to conform.
Senator COURTNEY argued in favor of the adoption of the amendment.
Senator COURTNEY moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 5 (GJK\21793SD.95), which was tabled:
Amend the bill, as and if amended, Part II, Section 85, by striking Section 20-7-1410 of the 1976 Code, as contained in item (5) beginning on page 600, and inserting:
/"Section 20-7-1410. The General Assembly shall elect a number of Family Court Judges from each judicial circuit as follows:
First Circuit Two Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Four Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Four Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Two Judges
Sixteenth Circuit Two Judges
In the following judicial circuits at least one Family Court Judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one Family Court Judge must be a resident of one of the counties which does not have the largest population in the circuit.
No county in the sixth circuit shall have more than one resident Family Court Judge.
In addition to the above judges authorized by this section, there must be three additional Family Court Judges elected by the General Assembly from the State at large for terms of office of six years. These additional Family Court Judges must be elected without regard to county or circuit of residence, and may be assigned by the Chief Justice to serve in the Family Court of any circuit of this State. Each office of the at-large Family Court Judges is a separate office and is assigned a numerical designation of Seat No. 1 through Seat No. 3 respectively."/
Amend sections, totals and title to conform.
Senator BRYAN argued in favor of the adoption of the amendment and Senator LAND argued contra.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
The PRESIDENT took up the Point of Order raised by Senator BRYAN that Pt. II, Section 56, was out of order inasmuch as it was not germane to the Bill.
Senator LEVENTIS raised a Point of Order that the Point of Order raised by Senator BRYAN was out of order inasmuch as it came too late.
Senators LEVENTIS and BRYAN spoke on the Point of Order.
The PRESIDENT stated that Senator BRYAN had raised this Point of Order on April 27, 1995, and overruled the Point of Order.
The PRESIDENT overruled the Point of Order raised by Senator BRYAN.
Senator O'DELL proposed the following Amendment No. 33A (DKA\3979CM.95), which was adopted:
Amend the bill, as and if amended, Part II, on page 601 after line 31, by adding a new section to read:
TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, OF THE 1976 CODE BY ADDING SECTION 57-25-30 SO AS TO PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE RIGHTS-OF-WAY OF PUBLIC ROADS UPON AUTHORIZATION OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS, AND TO REQUIRE A PERSON ERECTING BUS SHELTERS TO OBTAIN A PERMIT FROM THE DEPARTMENT OF TRANSPORTATION.
Article 1, Chapter 25, Title 57 of the 1976 Code is amended by adding:
"Section 57-25-30. (A) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained within the rights-of-way of public roads by the State. A bus shelter located within the right-of-way of a state road shall comply with all applicable requirements of the Department of Transportation, Title 23 of the United States Code, and Title 23 of the Code of Federal Regulations. A bus shelter located within the right-of-way of a road other than a state road shall comply with all applicable requirements of the municipality or county within whose jurisdiction it is located.
(B) A person erecting a bus shelter shall obtain a permit for each shelter location from the Department of Transportation. The permit shall cost twenty-five dollars. Permit fees must be placed in the department's trust fund and used for public transportation purposes."/
Amend sections, totals and title to conform.
Senator O'DELL argued in favor of the adoption of the amendment.
Senator GIESE spoke on the amendment.
Senator GIESE moved that the amendment be adopted.
The amendment was adopted.
Senators WALDREP and LEVENTIS proposed the following Amendment No. 48 (DKA\3976SD.95), which was adopted:
Amend the bill, as and if amended, Part II, on page 601 after line 31, by adding a new section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-63-26 SO AS TO PROVIDE THAT CHILDREN WHO WILL ATTAIN THE AGE OF FIVE AFTER SEPTEMBER FIRST BUT ON OR BEFORE NOVEMBER FIRST MAY ATTEND PUBLIC KINDERGARTEN UNDER CRITERIA DEVELOPED BY THE STATE BOARD OF EDUCATION.
The 1976 Code is amended by adding:
"Section 59-63-26. Notwithstanding the provisions of Sections 59-63-20, 59-65-10, and other applicable provisions of law, the State Board of Education shall develop criteria to allow attendance in the public kindergartens of this State for children who are ready to undertake formal schooling who attain the age of five after September first but on or before November first. The criteria shall include guidelines for notification of parents. Local boards of trustees shall develop procedures based on state board criteria to identify children ready to undertake formal schooling and shall determine admittance on an individual basis when a request from a child's parent or guardian is received before August first of the applicable school year. Children admitted to public kindergarten under these procedures may enter the first grade in the succeeding year. School districts are entitled to receive state aid for those students who meet the requirements established pursuant to this section and who attend public school."/
Amend sections, totals and title to conform.
Senator WALDREP explained the amendment.
Senator WALDREP moved that the amendment be adopted.
The amendment was adopted.
By previous action of the Senate, the time certain of 8:56 P.M. had arrived and Amendment No. 167A was taken up for immediate consideration.
Senator MOORE was recognized.
Senator SETZLER spoke on the amendment.
Senator SETZLER asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 191 and upon resolution of the instant amendment, the Senate would proceed to a consideration of Amendment No. 192; and upon the resolution of Amendment No. 192, the Senate would proceed to a consideration of Amendment No. 193; and upon the resolution of Amendment No. 193, the Senate would proceed to a consideration of Amendment No. 194; and upon the resolution of Amendment No. 194, the Senate would proceed to a consideration of Amendment No. 130.
Senator CORK spoke on the motion.
Senator CORK raised a Point of Order that the amendments were violative of Section 59-103-35, as amended, Code of Laws of South Carolina, 1976.
Senators McCONNELL and LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
On motion of Senator SETZLER, with unanimous consent, Amendment No. 191 was taken up for immediate consideration.
Senators SETZLER, McGILL, McCONNELL, PASSAILAIGUE, COURSON, WILSON, O'DELL and ROSE proposed the following Amendment No. 191 (EDUC\014.SD), which was adopted:
Amend the bill, as and if amended, Part IA, Section 18C, The Citadel, page 0104, by inserting a new line immediatedly after line 14:
COLUMN 7 COLUMN 8
Women's Leadership Institute 1,400,000 1,400,000
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senators CORK and GLOVER desired to be recorded as voting against the adoption of the amendment.
On motion of Senator SETZLER, with unanimous consent, Amendment No. 192A was taken up for immediate consideration.
Senators SETZLER, McGILL, PASSAILAIGUE, McCONNELL, COURSON, WILSON, O'DELL and ROSE proposed the following Amendment No. 192A (EDUC\013.SD), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18A., page 418, line 15, by adding a new proviso to read:
\18A. (Formula Funding for Converse Women's Leadership Institute) Of the funds appropriated for the higher education formula, one million four hundred thousand dollars shall be allocated to The Citadel for the Women's Leadership Institute at Converse College when a female leadership program has been approved as in compliance with the federal district court order. This contract will in no way make Converse College subject to the Commission on Higher Education's purview. Funds shall be transferred to Converse College for students enrolled in Women's Leadership contract program on the same per student basis as the per student state appropriation for cadets at The Citadel as determined under the higher education formula of the Commission on Higher Education. Funds remaining after per student reimbursements, up to a total of one million four hundred thousand dollars, shall be used to establish and support the Leadership Institute at Converse College./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courson Courtney Drummond Elliott Giese Gregory Hayes Holland Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams* Wilson
NAYS
Cork Ford Glover Patterson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, the Senate agreed that, when it proceeded to a consideration of H. 3690, the Supplemental Appropriation Bill, the following Amendment No. 195 would be adopted:
Senator SETZLER asked unanimous consent to take up Amendment No. 195 for immediate consideration.
There was no objection.
Senators McCONNELL, McGILL, PASSAILAIGUE, SHORT, O'DELL and ROSE proposed the following Amendment No. 195 (3362R238.GFM), which was adopted:
Amend the bill, as and if amended, Part IA, Section 18 A, Commission on Higher Education, page 96, after line 9, by inserting:
COLUMN 7 COLUMN 8
WOMEN'S LEADERSHIP PROGRAM 2,000,000 2,000,000
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator McCONNELL spoke on the amendment.
Senator PASSAILAIGUE spoke on the amendment.
Senator McCONNELL moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courtney Drummond Elliott Gregory Hayes Holland Lander Leventis Martin McConnell McGill Mescher O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Saleeby Short Smith, G. Stilwell Thomas Waldrep Williams* Wilson
NAYS
Cork Courson Ford Giese Glover Land Leatherman Matthews Moore Patterson Ryberg Setzler Smith, J.V. Washington
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was adopted.
Amendment No. 193B
On motion of Senator SETZLER, with unanimous consent, Amendment No. 193B was taken up for immediate consideration.
Senators McCONNELL, PASSAILAIGUE, SHORT, McGILL and O'DELL proposed the following Amendment No. 193B (3362R240.GFM), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18C, Citadel, page 418, after line 25, by adding after line 25 the following new proviso:
/H09 - SECTION 18C - CITADEL
18C.___. (Women's Leadership Program) The funds appropriated in Part 1A, Section 18C, of this Act and any other funds appropriated in any other appropriation act for the Women's Leadership Program must be used exclusively for the support of the Women's Leadership Program. Provided further that no funds may be expended if the Fourth Circuit Court of Appeals renders a decision which would prevent the establishment of the Women's Leadership Program as established in Part II of this Act and the appropriation authorization shall revert to the General Fund./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 130 was taken up for immediate consideration.
Senators McCONNELL, PASSAILAIGUE, SHORT, McGILL, O'DELL and ROSE proposed the following Amendment No. 130 (3362R223.GFM), which was adopted:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO CONFIRM THE POLICY OF THE STATE OF SOUTH CAROLINA WITH REGARD TO THE OPPORTUNITY TO ATTEND A SINGLE-GENDER COLLEGE AND TO ADOPT THE FINDINGS OF FACT IN U.S. V. COMMONWEALTH OF VIRGINIA AS THE BASIS FOR THE POLICY OF SOUTH CAROLINA IN CRAFTING A FRAMEWORK FOR THE ESTABLISHMENT OF AND MAINTENANCE OF SINGLE-GENDER PROGRAMS OF HIGHER LEARNING FOR BOTH SEXES AND TO PROVIDE CERTAIN EXCEPTIONS.
A. The General Assembly finds that some students, both male and female, benefit from attending a single-gender college. For these students, the opportunity to attend a single-gender college is a valuable experience, likely to lead to better academic and professional achievements. The General Assembly therefore adopts the findings of fact in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995) that "single-gender education at the college level is beneficial to both sexes." Further, in that single-gender education is both beneficial and justifiable, the General Assembly finds that providing opportunities for students to attend a single-gender college fulfills an important and legitimate state objective, and therefore declares and stipulates that it is the public policy of the State to support the establishment and maintenance of single-gender programs of higher learning for both sexes. Single-gender offerings to both men and women need not be identical in form and detail, but should be designed to produce substantively comparable outcomes.
B. The General Assembly shall annually provide such funding as may be necessary, under the auspices of the Commission on Higher Education, to establish and maintain approved single-gender offerings.
C. This section takes effect upon approval of this act by the Governor, but shall be void and of no effect if the United States Supreme Court issues a ruling which reverses the holding in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995)./
Amend sections, totals and title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment and Senator PATTERSON argued contra.
Senator WASHINGTON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Cork Courtney Ford Glover Land Lander Matthews Moore Patterson Ryberg Saleeby Smith, J.V. Waldrep Washington
NAYS
Alexander Bryan Courson Drummond Giese Gregory Hayes Leventis Martin McConnell McGill Mescher O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Setzler Short Stilwell Thomas Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator CORK desired to be recorded as voting against the adoption of the amendment.
To avoid even the appearance of a conflict of interest, I wish the Journal to reflect that I abstained from voting on Amendment Nos. 191, 192, 193B, 195, and 130 and any other activities relating to its consideration because my private business transacts business with the Association of Citadel Men.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 167A was withdrawn from consideration.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 128 was withdrawn from consideration.
To avoid even the appearance of a conflict of interest, I wish the Journal to reflect that I abstained from voting on Amendment Nos. 167A and 128 or any other activities relating to its consideration because my business transacts business with the Association of Citadel Men.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
MOTION ADOPTED
On motion of Senator RICHTER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Edward Russell Lipscomb of West Columbia, S.C., retired owner of Sylvan Brothers Jewelers.
Senator DRUMMOND moved that, when the Senate adjourns it stand adjourned to meet Friday, May 5, 1995, at 9:30 A.M., which motion was adopted.
At 10:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 9:30 A.M.
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