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

S. 377 -- Senator Bryan: A BILL TO AMEND SECTION 44-20-225, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER ADVISORY BOARDS WITHIN THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CHANGE THE REFERENCE TO GOVERNOR TO COMMISSION ON DISABILITIES AND SPECIAL NEEDS AND DELETE THE REFERENCE TO APPOINTMENT UPON THE ADVICE AND CONSENT OF THE SENATE, THE AUTHORIZATION FOR COMPENSATION, AND THE PROVISION FOR ORIGINAL APPOINTEES.

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

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

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

S. 379 -- Senators Bryan and Washington: A BILL TO AMEND SECTION 56-5-3660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HELMET REQUIREMENT

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

S. 380 -- Senator Thomas: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES AND BEGINNERS' PERMITS, SO AS TO INCREASE THE AGE FROM FIFTEEN TO SIXTEEN WHEN A PERSON MAY OBTAIN A LICENSE OR PERMIT; AND TO REPEAL SECTION 56-1-180 RELATING TO SPECIAL RESTRICTED DRIVERS' LICENSES FOR CERTAIN MINORS.

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

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese and Washington: 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.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 382 -- Senators Courson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 25, 1995.

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

That His Excellency, David M. Beasley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 25, 1995, in the Hall of the House of Representatives.

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

Whereas, Life Abilities - The Easter Seal Society of South Carolina has again embarked upon its most worthwhile project to raise funds for citizens with disabilities, culminating in the forty-third annual "B.A.C.-Coffee Day for Children and Adults with Disabilities" in South Carolina on Good Friday, April 14, 1995; and

Whereas, under the statewide leadership of Lynn B. Bagnal, State Easter Seal Chairwoman, ably assisted by Rick Johnson, State President, and John L. Caudle II, Executive Director of the South Carolina Law Enforcement Officers Association, Thomas L. Sponseller, Executive Director, and Skip Condon, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 22, 1995; and

Whereas, the "B.A.C." project and all other programs of Easter Seals deserve the support, merit, and praise of all citizens of the State. Now, therefore,

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

That Wednesday, March 22, 1995, is designated "Children and Adults with Disabilities Day" in South Carolina and that Robert Clay Smith, son of Mr. and Mrs. Robert Smith of Darlington County; Amy King, daughter of Mr. and Mrs. Javan King of Spartanburg County; Brittany Ann Carter, daughter of Regina Carter of Georgetown County; Angela and Amber Gail Lowe, mother and daughter, of Anderson County; Luther and Mary Ellen Gower, husband and wife, of Richland County; and Christopher Lawrence, son of Judy Lawrence of Pickens County, who have been chosen to serve as State Easter Seal Representatives, be presented to the

Be it further resolved that the General Assembly extends to Easter Seals and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.

Be it further resolved that a copy of this resolution be forwarded to Joseph D. Jones, President and Chief Executive Officer of Easter Seals, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project and to the state Easter Seal Representatives.

Referred to the Committee on Invitations.

H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

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

H. 3218 -- Rep. Askins: A BILL TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.

Read the first time and on motion of Senator McGILL, with unanimous consent, ordered placed on the Calendar without reference.

On motion of Senator McGILL, with unanimous consent, H. 3218 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

Senator RYBERG moved, "pursuant to the provisions of Section 12 of Article III of the S.C. Constitution, that Senator Theo W. Mitchell be expelled from the Senate, not only for the criminal offenses to which he pled guilty on July 25, 1994, but also for the criminal wrongdoing that he admitted to at his sentencing hearing on September 29, 1994."

Senator RYBERG spoke on the motion.

Senator PATTERSON spoke on the motion.

At 1:25 P.M. Senator HOLLAND moved that the Senate recede from business until 3:30 P.M.

Senators WILLIAMS, RYBERG, GLOVER, SETZLER and MOORE spoke on the motion.

Senator HOLLAND, with unanimous consent, withdrew the motion to recede.

Senator BRYAN spoke on the motion to expel.

Senator HOLLAND spoke on the motion.

Senator HOLLAND asked unanimous consent to make a motion that the Senate go into Executive Session for the sole purpose of receiving legal advice.

Senators THOMAS, LEATHERMAN and McCONNELL spoke on the motion.

Senator THOMAS objected.

Senator BRYAN made a Parliamentary Inquiry as to whether or not the motion to go into Executive Session required unanimous consent inasmuch as the Senator making the motion had the floor.

Senator GLOVER argued contra to the motion to expel.

Senator WASHINGTON spoke on the motion.

Senator LAND moved to commit the motion to expel to the Committee on Ethics with the Committee on Ethics to report to the Senate by January 31, 1995.

Senator THOMAS raised a Point of Order that the motion to commit was out of order.

The PRESIDENT overruled the Point of Order and stated that under Rule 14 the motion to commit was in order.

Senator THOMAS made a Parliamentary Inquiry as to whether or not the motion to commit was a debatable motion.

The PRESIDENT stated that under Rule 14 the motion to commit was a debatable motion.

Senator THOMAS spoke on the motion to commit.

Senator LEVENTIS made a Parliamentary Inquiry as to whether or not the motion to commit had as a part of it, a clause which would require a report to the Senate by January 31, 1995, and, if so, was not such a motion a double-barrelled motion?

The PRESIDENT asked Senator LAND to restate his earlier motion.

Senator LAND stated that his motion was to commit the motion to expel to the Committee on Ethics.

Senator RYBERG made a Parliamentary Inquiry as to whether or not the motion to commit was subject to a tabling motion.

The PRESIDENT stated that a motion to table would be in order.

Senator THOMAS spoke on the motion to commit.

Senator THOMAS moved to table the motion to commit.

Alexander         Cork             Courson

Courtney          Elliott          Giese

Gregory           Hayes            Leventis

Martin            McConnell        Mescher

O'Dell            Passailaigue     Peeler

Rankin            Richter          Rose

Russell           Ryberg           Setzler

Smith, J.V.       Stilwell         Thomas

Waldrep           Wilson

Bryan             Drummond         Ford

Glover            Holland          Jackson

Land              Lander           Leatherman

Matthews          McGill           Moore

Patterson         Reese            Saleeby

Short             Smith, G.        Washington

Williams

The motion to commit the motion to expel was laid on the table.

The question then was the motion to expel.

Senator PASSAILAIGUE spoke on the motion.

Senator GIESE spoke on the motion.

Senator McCONNELL spoke on the motion.

Senator LEVENTIS asked unanimous consent to make a motion that the Senate go into Executive Session solely for the purpose of receiving legal advice.

Senator THOMAS objected.

Senator THOMAS asked unanimous consent to make a motion to allow attorneys to address the Senate.

Senator STILWELL objected.

Senator McCONNELL continued speaking on the motion.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session for the sole purpose of receiving legal advice.

On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.

The motion then was the motion to expel Senator Theo W. Mitchell.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Giese            Gregory

Hayes             Holland          Lander

Leatherman        Leventis         Martin

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

Williams          Wilson

Ford              Glover           Jackson

Land              Matthews         Patterson

Washington

The motion to expel was adopted.

We voted to expel Senator Theo Mitchell because we feel his conduct warrants expulsion and is in the best interest of the Senate and the people of South Carolina. However, we are concerned that the procedures used by the Senate may have violated the Due Process Clauses of the State and Federal Constitutions and will result in a lawsuit and unnecessary cost to the taxpayers.

I voted to expel Senator Theo Mitchell without affording him a hearing because (a) no legal authority clearly requires such a hearing and (b) court transcripts clearly show he admitted to having committed while a Senator wilful misconduct, crimes and dishonest acts wholly inappropriate for a Senator.

I take no pleasure in this proceeding, but I have sought and accepted a responsibility on behalf of the 80,000 people I represent.

I have read the indictment and pleadings of Senator Mitchell. Senator Mitchell understood the indictment and waived his right to a trial by jury. He pled guilty as charged. He acknowledged he knowingly broke the law on numerous occasions. He also acknowledged that he broke state law and defrauded the State out of money due it under the law.

My actions are consistent with those I have or would have taken on two previous occasions when Senator Carmichael was convicted and when Senator Horace Smith was convicted of wrongdoing.

Senator Mitchell's personal problems are not, nor should they be made, the problems of this State Senate or the people of this State. It is after careful, prayerful and informed consideration that I have reached the conclusion that I must vote to expel Senator Mitchell and anyone of us in the Senate who does similar things. This I must do without regard to party, race, gender or any other considerations but for the facts of the

The reason I did not vote to expel Senator Mitchell is that I believe every citizen of the United States has the right to due process. Senator Mitchell was not here to answer to the charges for expulsion.

I do not condone what he has done and I feel that he is being punished for what he has done.

Senator Mitchell should have been given an opportunity to address this body he has served since 1985. He did not have the opportunity to address questions I had as well as the questions of other members of the Senate. For that reason, I felt obligated to oppose the expulsion.

We voted not to expel Senator Theo Mitchell because we feel that the procedures used by the Senate may have violated the Due Process Clauses of the State and Federal Constitutions, and that the Senate violated the spirit of the law, if not the law, in not affording Senator Mitchell a hearing.

At 4:07 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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