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H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED

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

Senator DRUMMOND proposed the following amendment (GJK\21342SD.95):

Amend the bill, as and if amended, in Section 59-103-10, as contained in SECTION 1, on line 40, page 1, by striking /an advocate/ and inserting /an advisor to the Governor and the General Assembly/

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND explained the amendment.

On motion of Senator DRUMMOND, with unanimous consent, the amendment was carried over to third reading of the Bill.

Senator THOMAS objected to further consideration of the Bill.

S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.

Senator COURTNEY explained the Bill.

On motion of Senator GIESE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT

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

On motion of Senator WILLIAMS, with unanimous consent, the Joint Resolution was carried over with Senator PATTERSON retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED

Senator SETZLER moved that the Bill be made a Special Order.

The Bill was made a Special Order.

S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Senator RICHTER moved that the Joint Resolution be made a Special Order.

A roll call vote was requested.

Senator RICHTER indicated that he had, in error, made a motion to make S. 42 a Special Order when he wished to make S. 41 a Special Order and asked that his motion be to make S. 41 a Special Order.

Senator PATTERSON made a Parliamentary Inquiry as to whether or not Senator RICHTER can withdraw a motion after a vote has been requested.

Senator WILSON made a Parliamentary Inquiry as to the substance of S. 41.

Senator PATTERSON raised a Point of Order that the motion to set S. 41 for Special Order came too late inasmuch as a roll call vote had been ordered.

The PRESIDENT stated that a roll call vote had been requested but not ordered.

Senator LEATHERMAN raised a Point of Order that a motion cannot be withdrawn without unanimous consent of the Senate.

The PRESIDENT sustained the Point of Order.

Senator RICHTER asked unanimous consent to make a motion that the motion to make S. 42 a Special Order be withdrawn.

Senator PATTERSON objected.

The question then was the motion to make S. 42 a Special Order.

Senator MARTIN made a Parliamentary Inquiry as to whether or not a motion would require unanimous consent to be withdrawn by the mover if no intervening business had taken place.

The PRESIDENT stated that once a motion is made and has been accepted, the motion is in the possession of the Senate and requires unanimous consent to be withdrawn.

Senator BRYAN asked unanimous consent to make a motion that the motion to make S. 42 a Special Order be withdrawn.

Senator LEATHERMAN objected.

A roll call vote was ordered.

Senator MARTIN raised a Point of Order under Rule 11 that the motion would not require unanimous consent to be withdrawn by the mover if no intervening business had taken place.

The PRESIDENT sustained the Point of Order raised by Senator THOMAS.

The question then was the motion to make S. 42 a Special Order.

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

Ford              Glover           Jackson

Matthews          McGill           Patterson

Reese             Washington

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Giese            Gregory

Hayes             Holland          Land

Lander            Leatherman       Martin

Mescher           O'Dell           Passailaigue

Peeler            Rankin           Richter

Rose              Ryberg           Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Williams          Wilson

Not having received the necessary vote, the motion to make the Bill a Special Order failed.

We voted "no" because S. 42 is in a stronger position on the Senate Calendar in the status of Adjourned Debate.

Senator HOLLAND moved that the Senate dispense with the balance of the Motion Period.

A roll call vote was requested.

Senator WILLIAMS moved that the Senate stand adjourned.

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

Bryan             Drummond         Elliott

Ford              Glover           Holland

Jackson           Land             Lander

Leatherman        Matthews         McGill

O'Dell            Passailaigue     Patterson

Rankin            Reese            Setzler

Short             Smith, G.        Smith, J.V.

Washington        Williams

Alexander         Cork             Courson

Courtney          Giese            Gregory

Hayes             Martin           Mescher

Peeler            Richter          Rose

Ryberg            Stilwell         Thomas

Waldrep           Wilson

The motion to adjourn was adopted.

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

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Samuel A. Daily, P.O. Box 957, Holly Hill, S.C. 29059

Having received a favorable report from the Chester County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Chester County Magistrate, with term to commence April 30, 1991, and to expire April 30, 1995:

Ms. Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706
VICE Barbara Griffin (retired)

Reappointment, Chester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Ms. Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706

By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that when the Senate stands adjourned on Thursdays in statewide session, that it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.

At 12:00 Noon, on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

Indicates Matter Stricken
Indicates New Matter

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

At 11:05 A.M., on motion of Senator WILSON, the Senate adjourned to meet next Tuesday, February 21, 1995, at 12:00 Noon.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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, in honor of President's Day, and on or about the Birthday of President George Washington, each year, because of its basic relevance, and timeliness in every period of our national life, we have prayed his Prayer for the United States of America.
Let us pray... Washington's prayer:

"Almighty God: we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And, finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of Whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ, our Lord. Amen."

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

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