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Amend the bill, as and if amended, page 1, line 34, in Section 27-32-10(7), as contained in SECTION 1, by striking /of/ and inserting therein /for/.

Amend the bill further, as and if amended, page 1, line 41, in Section 27-32- 10(7), as contained in SECTION 1, by striking /of/ and inserting therein /for/.

Amend title to conform.

The Bill was carried over.

H. 3612 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MARCH 1, 1995.

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

S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/Whereas, Mr. Ernest Allen Burriss was an employee of the South Carolina Department of Highways and Public Transportation from 1921 until his death in 1954; and

Whereas, while employed by the Department of Highways and Public Transportation, Mr. Burriss served with distinction as the Maintenance Supervisor in charge of the Belton District; and

Whereas, it is fitting and proper that the portion of South Carolina Highway 20 in Anderson County from the City of Belton to the Ernest Allen Burriss Career Center be designated and named the "Ernest Allen Burriss Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to designate and name the portion of State Highway 20 in Anderson County from Williamston southward through Belton to the Abbeville County line described above in this resolution as the "Ernest Allen Burriss Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Ernest Allen Burriss Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Ernest Allen Burriss./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

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.

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

Senator COURSON moved that the Joint Resolution be carried over.

Senator PASSAILAIGUE moved to table the motion to carry over.

Senator BRYAN made a Parliamentary Inquiry as to whether the motion to carry over was subject to a tabling motion.

The PRESIDENT stated that the motion to carry over was subject to a tabling motion.

The question then was the motion to table the motion to carry over.

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

Alexander         Bryan            Cork

Courson           Drummond         Elliott

Ford              Giese            Glover

Holland           Jackson          Lander

Leatherman        Leventis         Martin

Matthews          McConnell        McGill

Moore             O'Dell           Passailaigue

Patterson         Peeler           Rankin



Printed Page 653 . . . . . Thursday, February 23,
1995

Reese              RichterRose

Russell           Ryberg           Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Washington       Wilson

Mescher           Thomas           Waldrep

The motion to carry over was laid on the table.

Senator BRYAN proposed the following Amendment No. 2 (JUD0042.006), which was adopted:

Amend the resolution, as and if amended, page 1, line 38, as contained in SECTION 1, by striking /the election laws/ and inserting therein / Sections 7- 13-1920 (tampering with a voting machine), 7-25-20 (fraudulent registration or voting), 7-25-50 (bribery at elections), 7-25-60 (procuring or offering to procure votes by bribery), 7-25-110 (voting more than once at elections), 7-25-120 (impersonating a voter), or 7-25-150 (swearing falsely at elections/taking oath in another's name)/.

Amend the resolution further, as and if amended, page 2, line 10, as contained in SECTION 2, by inserting after the word /law/ the following:

/or a violation of certain election laws/.

Amend the resolution further, as and if amended, page 2, line 33, as contained in SECTION 3, by striking /the election laws/ and inserting therein /Sections 7-13-1920 (tampering with a voting machine), 7-25-20 (fraudulent registration or voting), 7-25-50 (bribery at elections), 7-25-60 (procuring or offering to procure votes by bribery), 7-25-110 (voting more than once at elections), 7-25-120 (impersonating a voter), or 7-25-150 (swearing falsely at elections/taking oath in another's name)/.

Amend the resolution further, as and if amended, page 3, line 6, as contained in SECTION 4, by striking /the/ and inserting therein /certain/.

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

Senators PASSAILAIGUE and RANKIN proposed the following Amendment No. 3 (JUD0042.004):

Amend the resolution, as and if amended, page 1, beginning on line 27, by striking SECTION 1 in its entirety and inserting therein the following:

/ SECTION 1. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:

"Section 7. (A) No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony under state or federal law or a violation of the election laws, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives.

(B) Effective immediately upon the date of the ratification into law of this section, a person who is in the last year of a sixth consecutive term as a member of the House of Representatives, or who is in the last year of a third consecutive term as a member of the Senate, or who has served twelve consecutive years in the General Assembly either as a member of the Senate or House of Representatives or a combination thereof shall not be eligible for a seat in the General Assembly. No member is required to vacate his seat during any term for which he was elected." /
Amend the resolution further, as and if amended, page 2, beginning on line 1, by striking SECTION 2 in its entirety and inserting therein the following:

/ SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law or a violation of the election laws, including a plea of guilty or nolo contendere to these offenses and that no person who is in the last year of a sixth consecutive term as a member of the House of Representatives, or

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'." /

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator COURSON raised a Point of Order under Rule 25 that the amendment was out of order inasmuch as it was not germane to the Joint Resolution.

Senators PASSAILAIGUE, THOMAS, McCONNELL and LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.

On motion of Senator BRYAN, at 12:27 P.M., Senator GIESE was granted a leave of absence until 1:45 P.M. today.

Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.

At 12:30 P.M., Senator RYBERG requested a leave of absence until Tuesday, February 28, 1995, at Noon.

On motion of Senator MESCHER, at 12:30 P.M., Senator ROSE was granted a leave of absence until 1:15 P.M. today.

With Senator McCONNELL retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.

Debate was interrupted by adjournment, Senator McCONNELL retaining the floor.

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 1:05 P.M., on motion of Senator DRUMMOND, 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 WILSON.

The following Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.

(By prior motion of Senator STILWELL)

H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

(By prior motion of Senator GIESE, with unanimous consent)

At 11:32 A.M., on motion of Senator COURSON, the Senate adjourned to meet next Tuesday, February 28, 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, occasionally, we all need a word of reassurance from a "higher authority." Hear St. Paul to the Romans, Chapter 8 (vv.28,31):

"We know that all things work together for

good for those who love God, who are called

according to His purpose." Then, "If God

is for us, who is against us?"
Let us pray.

Lord, God, help us to face today with those words of St. Paul ringing in our ears!

We can make our days pretty dark and dreary with our fears and forebodings. Or we can make them bright with faith and hope... and courage.

What can we say, Lord, when we are wounded by someone's word or deed?

Help us to remember St. Paul who saw life as a battle with eventual victory assured... by the grace and power of one of whom St. John wrote in the Book of Revelation (19:11,16):

"Then I saw heaven opened, and there

was a white horse!

Its rider is called Faithful and True,

and in righteousness he judges and

makes war...

He is clothed in a robe dipped in blood,

and his name is called The Word of

God."

Amen.

Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator DRUMMOND 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          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McGill

Mescher           Moore            PassailaiguePattersonPeelerRankin

Reese             Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

A quorum being present, the Senate resumed.

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

February 1, 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, Director of the Department of Alcohol and Other Drug Abuse, with term to commence January 30, 1995, and to expire at the pleasure of the Governor:

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