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Courson              Wilson               Matthews
Patterson            O'Dell               Passailaigue
Rose                 McGill

NOT VOTING
Peeler               Russell

S. 1007 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO COMMEND THE EPWORTH CHILDREN'S HOME OF COLUMBIA FOR ITS OUTSTANDING SERVICE TO MANY THOUSANDS OF CHILDREN AND FAMILIES OF SOUTH CAROLINA UPON THE OCCASION OF ITS ONE HUNDREDTH YEAR OF CHILD CARE, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF JANUARY 1996 AS EPWORTH CHILDREN'S HOME MONTH IN SOUTH CAROLINA IN HONOR OF THIS EXEMPLARY CHILD CARE FACILITY.

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

Senator COURSON from the Committee on Invitations polled out S. 1021 favorable:

S. 1021 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE WORK AND CONTRIBUTIONS OF THE STAFF AND PATIENTS OF THE ADOLESCENT CANCER SUPPORT GROUP "LASTING IMPRESSIONS" DURING THEIR TEN YEAR ANNIVERSARY CELEBRATION AND TO ACKNOWLEDGE THE YOUNG PEOPLE WHO HAVE PARTICIPATED IN THE LASTING IMPRESSIONS PROGRAM DURING THE PAST TEN

Courson              Wilson               Matthews
Patterson            O'Dell               Passailaigue
Rose                 McGill

NOT VOTING
Peeler               Russell

S. 1021 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE WORK AND CONTRIBUTIONS OF THE STAFF AND PATIENTS OF THE ADOLESCENT CANCER SUPPORT GROUP "LASTING IMPRESSIONS" DURING THEIR TEN YEAR ANNIVERSARY CELEBRATION AND TO ACKNOWLEDGE THE YOUNG PEOPLE WHO HAVE PARTICIPATED IN THE LASTING IMPRESSIONS PROGRAM DURING THE PAST TEN YEARS AND TO DESIGNATE SATURDAY, JANUARY 27, 1996, AS "LASTING IMPRESSIONS DAY".

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

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

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.

H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

Senator GIESE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator GIESE, with unanimous consent, the Bill was recommitted to the Committee on Medical Affairs, retaining its place on the Calendar.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

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

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

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

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

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

Senator DRUMMOND asked unanimous consent to make a motion to recommit the Bill to the Committee on Finance, retaining its place on the Calendar, with Senator WILSON retaining the floor, for the purpose of holding public hearings and, the Bill is to be reported out and available for consideration by the Senate no later than February 13, 1996.

There was no objection and the motion was adopted.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

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

Senator McCONNELL proposed the following Amendment No. 6 (JUD0456.028):

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

/SECTION 1. Article 3, Chapter 7, Title 20 of the 1976 Code is amended by adding:

Section 20-7-105. A family court-appointed guardian ad litem has civil immunity for acts or omissions within the scope of the duties of the court appointment. No person serving as a guardian ad litem shall have immunity from liability for criminal acts."

SECTION 2. Section 20-7-127 of the 1976 Code is repealed.

SECTION 3. This act takes effect upon approval by the Governor and applies retrospectively to all causes of action as to which no final judgment has been entered and applies prospectively as of this act's effective date./.

Amend title to conform.

Senator McCONNELL explained the amendment.

At 12:45 P.M., Senator MARTIN assumed the Chair.

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

Senator HOLLAND, with unanimous consent, was recognized to make brief remarks.

On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Hershel A. Murry of Chapin, S.C.

At 1:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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 PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, St. Paul submits a sort of agenda for the Philippians which has come down to us as something of a Journal. We read in Chapter 4 (8:8-9): (NRSV)

"Finally, beloved, whatever is true,

Whatever is honorable,

Whatever is just,

Whatever is pure,

Whatever is pleasing,

Whatever is commendable,

If there is any excellence and if

there is anything worthy of praise,

Think about these things."
Let us pray.

Dear Lord, indeed, we do not know what a day will bring forth, of change or chaos, of joy or gloom, but we do know that the day will bring light and strength from You to live it through with honor. And so

"Lord, for tomorrow and its needs

We do not pray...

Let us be kind in word and deed,

Father, just for today."

Amen.

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

The following were received and referred to the appropriate committees for consideration:

Document No. 1840
Promulgated by Commission on Higher Education
Student and Institution Assistance
Received by Lt. Governor September 28, 1995
Referred to Senate Committee on Education
120 day review expiration date May 8, 1996

Document No. 1876
Promulgated by South Carolina Law Enforcement Division
Sex Offender Registry
Received by Lt. Governor October 10, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date May 8, 1996

Document No. 1878
Promulgated by Department of Transportation
Spacing Limitations for Outdoor Advertising Signs
Received by Lt. Governor August 15, 1995
Referred to Senate Committee on Transportation
120 day review expiration date May 8, 1996

Document No. 1879
Promulgated by Department of Natural Resources
Alligators - Nongame Wildlife
Received by Lt. Governor January 3, 1996
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date May 8, 1996

Document No. 1883
Promulgated by Department of Health and Environmental Control
Underground Storage Tank Control Regulations
Received by Lt. Governor August 24, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 8, 1996

Document No. 1894
Promulgated by Department of Health and Environmental Control
Repeal of Certain Environmental Quality Control Regulations
Received by Lt. Governor December 5, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 8, 1996

Document No. 1897
Promulgated by Department of Transportation
Bus Shelters
Received by Lt. Governor January 10, 1996
Referred to Senate Committee on Transportation
120 day review expiration date May 10, 1996

Document No. 1904
Promulgated by Department of Archives and History
General Records Retention Schedule for Data Processing and Other Electronic Records
Received by Lt. Governor January 9, 1996
Referred to Senate General Committee
120 day review expiration date May 9, 1996

Document No. 1905
Promulgated by Commission on Higher Education
Determination of Rates of Tuition and Fees
Received by Lt. Governor January 10, 1996
Referred to Senate Committee on Education
120 day review expiration date May 10, 1996

On motion of Senator WILSON, at 11:00 A.M., Senator RUSSELL was granted a leave of absence for today.

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