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| Printed Page 380, Jan. 25
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Printed Page 360, Jan. 25
| Printed Page 380, Jan. 25
| Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell Passailaigue
NOT VOTING
Russell O'Dell
S. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The Concurrent Resolution was adopted, ordered sent to the House.
Senator COURSON from the Committee on Invitations polled out H. 3221 favorable:
H. 3221 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO PROCLAIM SUNDAY, APRIL 23, 1995, THROUGH SATURDAY, APRIL 29, 1995, AS GOLF WEEK IN SOUTH CAROLINA WHICH
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell Passailaigue
NOT VOTING
Russell O'Dell
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:
S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson and Elliott: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.
Ordered for consideration tomorrow.
S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory and Giese: 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.
Ordered for consideration tomorrow.
Senator ROSE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 116 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-385 SO AS TO PROVIDE THAT ATTORNEYS-AT-LAW LICENSED TO PRACTICE IN OTHER STATES OR JURISDICTIONS BUT NOT IN SOUTH CAROLINA MAY PROVIDE PRO BONO LEGAL SERVICES TO INDIGENT CITIZENS OF THIS STATE IN THE MANNER PROVIDED BY RULE OF THE SUPREME COURT.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
S. 250 -- Senators Martin, Courtney, Courson, Rose, Gregory and Leventis: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN
Ordered for consideration tomorrow.
Senator ROSE from the Committee on Judiciary submitted a favorable report on:
S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Ordered for consideration tomorrow.
S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson and Elliott: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.
On motion of Senator RICHTER, with unanimous consent, the name of Senator RICHTER was added as a co-sponsor of the Bill.
S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory and Giese: 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
On motion of Senator RICHTER, with unanimous consent, the name of Senator RICHTER was added as a co-sponsor of the Joint Resolution.
S. 250 -- Senators Martin, Courtney, Courson, Rose, Gregory and Leventis: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED.
On motion of Senator RICHTER, with unanimous consent, the name of Senator RICHTER was added as a co-sponsor of the Bill.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(By prior motion of Senator ALEXANDER)
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 391 -- Senator Leatherman: A BILL TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.
On motion of Senator LEATHERMAN, S. 391 was ordered to receive a third reading on Thursday, January 26, 1995.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 338 -- Rules Committee: A SENATE RESOLUTION TO AMEND RULE 10 OF SENATE RULES, RELATING TO COMMITTEE REPORTS SO AS TO SPECIFY THE ORDER OF BUSINESS AFTER WHICH THE ANNUAL GENERAL APPROPRIATION BILL AND A REAPPORTIONMENT BILL IS TO BE CONSIDERED, TO AMEND RULE 14, RELATING TO PRIVILEGED MOTIONS, SO AS PROVIDE THAT THE MOVER HAS THE RIGHT TO RESTATE A MOTION IF SUCH A REQUEST IS MADE, TO AMEND RULE 16, RELATING TO VOTING, SO AS TO REQUIRE THE AYES AND NOES "VIVA VOCE" ON ANY QUESTION UNLESS A ROLL CALL VOTE OR DIVISION IS ORDERED, TO AMEND RULE 19(11) RELATING TO COMMITTEES OF CONFERENCE, SO AS TO PROVIDE THAT THE PRESIDENT PRO TEMPORE SHALL APPOINT CONFEREES SUBJECT TO CERTAIN CONDITIONS, TO AMEND RULE 32, RELATING TO EXECUTIVE SESSIONS, SO AS TO AUTHORIZE THE PRESENCE OF THE READING CLERK, TO AMEND RULE 34 RELATING TO THE MOTION PERIOD AND SPECIAL ORDERS SO AS TO ALLOW A MOTION TO SET A BILL OR RESOLUTION FOR SPECIAL ORDER IRRESPECTIVE OF WHETHER THE BILL RECEIVED A READING ON THE LEGISLATIVE DAY THE MOTION IS ADOPTED.
Senator J. VERNE SMITH argued contra to the adoption of the amendment.
Senator MATTHEWS raised a Point of Order that the Presiding Officer cannot make comments or respond to questions without being granted leave of the Senate.
Senator J. VERNE SMITH continued arguing contra to the adoption of the amendment.
Senator WILLIAMS spoke on the amendment.
Senator WILLIAMS moved to recommit that portion of the Senate Resolution pertaining to Rule 19(11) to the Committee on Rules, retaining its place on the Calendar.
Senator HOLLAND argued in favor of the adoption of the amendment.
On motion of Senator HOLLAND, with unanimous consent, the following Amendment No. 1A, (338R011.DHH), proposed by Senator HOLLAND was substituted for Amendment No. 1.
Senator HOLLAND proposed the following amendment (338R011.DHH):
Amend the bill, as and if amended, on page 4 of the resolution by striking Rule 19
(11) as contained on lines 12 through 21 and inserting the following:
(11)Except as otherwise provided in this item,Tthe membership on committees of conference and free conference between the two Houses shall be determined by the President of the Senate in consultation with the Chairman of the committee of jurisdiction on the Bill subject to conference. Provided that the The conference or free conference committee on any Resolution affecting sine die adjournment shall be
Amend title to conform.
Senator HOLLAND spoke on the amendment.
On motion of Senator WILLIAMS, with unanimous consent, the motion to recommit to the Committee on Rules was withdrawn.
Senator HOLLAND spoke on the amendment.
Senator McCONNELL spoke on the Rule.
Senator ROSE argued in favor of the adoption of the amendment.
Senator COURSON spoke on the amendment.
Senator COURTNEY argued contra to the adoption of the amendment.
Senator McCONNELL argued in favor of the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as
follows:
Alexander Bryan Elliott
Ford Glover Holland
Jackson Land Lander
Leatherman Leventis Matthews
McConnell McGill Mescher
Moore O'Dell Passailaigue
Patterson Rankin Reese
Rose Saleeby Setzler
Short Smith, G. Washington
Williams
Cork Courson Courtney
Gregory Hayes Martin
Peeler Richter Russell
Ryberg Smith, J.V. Stilwell
Waldrep Wilson
The amendment was adopted.
Debate was interrupted by the recess.
At 1:35 P.M., on motion of Senator MOORE, the Senate receded from business until 6:45 P.M.
The Senate reassembled at 6:45 P.M. and was called to order by the PRESIDENT.
The PRESIDENT appointed Senators J. VERNE SMITH, COURSON, WILSON, COURTNEY and MARTIN to escort the Honorable David Muldrow Beasley, Governor of South Carolina, and members of his party to the House of Representatives for the Joint Assembly.
At 6:55 P.M., the Senate receded for the purpose of attending the Joint Assembly.
At 7:00 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
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,
The Honorable David Muldrow Beasley and members of his party were escorted to the rostrum by Senators J. VERNE SMITH, COURSON, WILSON, COURTNEY and MARTIN and Representatives J. Harris, McKay, Wells, Beatty and Law.
The PRESIDENT of the Senate introduced the Honorable David Muldrow Beasley, Governor of the State of South Carolina.
The Governor addressed the Joint Assembly as follows:
"Mr. President, Mr. Speaker, Ladies and Gentlemen of the 111th General Assembly, Constitutional Officers, cabinet nominees, my wife, Mary Wood, my fellow South Carolinians... In preparing my address on the state of our State, I thought back to a January day in 1979 when I took my seat as a freshman House member. My excitement that day was bolstered by hope, the hope of a young person who would someday build a family and a home. Now, 16 years later, my enthusiasm has not diminished, and my hope for our families is the same, that we will have the heart to lead with courage. We worked together on this House floor to guide South Carolina into a new era of growth. We were innovative when we had to be. We were bold in our zeal to affect meaningful change, and always we were respectful of the statesmen who gave us freedom when it was our time to lead. Speaker Wilkins, Lieutenant Governor Peeler, I know you share my respect for this institution and for the institution of the family in South Carolina, and I look forward to working with you in the coming years. I submit to you this evening that a new era began on June 30, 1993, the day the Government Restructuring Act became law, outlining a more efficient and more responsive government for our people. As I said in my inaugural address, `We have initiated fundamental change in the structure of our government. Now we must initiate fundamental change in our philosophy of governing.' We must realize that everything we do to implement restructuring sets a precedent for tomorrow's leaders. It has been a great experience forming my cabinet, bringing together various experts who share my philosophy
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