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, hear words of praise to God written in Psalm 145 (vv. 15-16)(NRSV):

"The eyes of all look to You, and

You give them their food in due

season.

You open Your hand, satisfying the

desire of every living thing."
Let us pray.

Eternal God our Father: as we behold the gorgeous dress of Mother Nature, bedecked in the loveliness of her Spring attire, we see Your signature of beauty.

As we stand amazed before trees and shrubs that a few weeks ago seemed dead, now so alive, we see Your signature of life.

As we behold a world of people, some doing evil, but so many longing to do that which is right, we witness Your signature of goodness.

From these signatures help us to draw more closely, and become more acquainted with the Author of Beauty, Goodness, and Truth... the Creator of life... the Father of our Jesus Christ!

So grant us the gifts of Your Spirit for our life and work today, through Christ our Lord.

Amen.

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

March 20, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1994, and to expire June 30, 1999:

At-Large:

David Lee Mahrer, Ph.D, 734 Beckley Court, Lexington, S.C. 29072

Referred to the Committee on Finance.

Initial Appointment, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with term to commence September 15, 1995, and to expire at the pleasure of the Governor:

Organization:

Colonel William P. Collier, Jr., 216 Woodlands West Drive, Columbia, S.C. 29223-3379

Referred to the General Committee.

March 22, 1996
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

Reappointment, State Agency of Vocational Rehabilitation, with term to commence March 15, 1996, and to expire March 15, 2003:

3rd Congressional District:

Mr. Harry Wilson Findley, 411 Shannon Way, Anderson, S.C. 29621

Referred to the Committee on Medical Affairs.

March 26, 1996
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, South Carolina Residential Builders Commission, with term to commence June 30, 1994, and to expire June 30, 1998:

5th Congressional District-Bldr.:

Mr. Derrick G. Williams, Post Office Box 977, Lancaster, S.C. 29721 VICE Michael G. Williams

Referred to the Committee on Labor, Commerce and Industry.

April 4, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. Robert M. Haynie, 304 Lodge Drive, Greenwood, S.C. 29646

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. Herman Watson, 3905 Hill Street, Loris, S.C. 29569

Received as information.

April 5, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointments, Richland County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:

Ms. Gloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205

Ms. Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Ms. Rebecca McDuffie Brown, 3630 Ranch Road, #7-5, Columbia, S.C. 29206

Ms. Donna W. Nix, 6 Archdale Road, Columbia, S.C. 29209

Received as information.

Senator McCONNELL introduced Dr. Robert Cain of Charleston, S.C., Doctor of the Day.

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

Columbia, S.C., April 9, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
asks for a Committee of Conference, and has appointed Reps. Carnell, Hallman and White of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators GIESE, REESE and FAIR of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

The House returned the Bill with amendments.

Senator HOLLAND proposed the following amendment (JUD1101.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 39, in Section 7-5-10, as contained in SECTION 1, by striking lines 39 through 41 in their entirety and inserting therein the following:

/appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent/

Amend title to conform.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

The following were introduced:

S. 1349 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-185 SO AS TO PROVIDE CERTAIN INSTANCES IN WHICH DEAD BOLT LOCKS REQUIRING A KEY FOR OPERATION ON BOTH SIDES MAY BE USED.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.

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

S. 1351 -- Senators Leventis, Moore, Alexander, Boan and Martin: A CONCURRENT RESOLUTION TO URGE THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), IN ITS REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE, TO THOROUGHLY EXAMINE ALL ASPECTS OF THE STANDARD, INCLUDING RETAINING THE EXISTING .12 STANDARD WITH APPROPRIATE REVISIONS, AND CAREFULLY EVALUATE THE POTENTIAL INCREMENTAL HEALTH IMPACTS AND ECONOMIC CONSEQUENCES ON STATES, LOCALITIES, SMALL AND LARGE BUSINESS, AND INDIVIDUAL CITIZENS; TO URGE FURTHER THAT THE STANDARD CHOSEN BY EPA SHOULD BE REASONABLE AND ACHIEVABLE AND ANY CHANGES MUST BE LOOKED AT IN THEIR ENTIRETY; AND TO URGE FINALLY THAT EPA IDENTIFY ANY UNFUNDED MANDATES OR OTHER ADMINISTRATIVE BURDENS FOR STATE OR LOCAL GOVERNMENTS OR AGENCIES THAT WOULD DERIVE FROM CHANGES TO THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE.

Senator LEVENTIS spoke on the Resolution.

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

S. 1352 -- Senator Holland: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 34 FROM UNITED STATES HIGHWAY 1 AT CAMDEN TO THE LEE COUNTY LINE THE 34TH INFANTRY DIVISION OF WORLD WAR II MEMORIAL HIGHWAY.

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

S. 1353 -- Senators Washington, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, ACHIEVEMENTS, AND THE HUMAN SPIRIT OF SECRETARY RONALD H. BROWN, A MAGNIFICENT PERSON AND 30TH U.S. SECRETARY OF COMMERCE, AND TO REFLECT UPON WHAT SECRETARY BROWN MEANT TO HIS COUNTRY, THE PEOPLE OF THE UNITED STATES, AND THE WORLD.

Whereas, Ronald H. Brown was not only an outstanding Secretary of Commerce, but also a loving father and devoted husband; and

Whereas, Secretary Brown resided in Washington D.C. with his wife, Alma, and their children, Michael and Tracey, both of whom are respected attorneys; and

Whereas, Secretary Brown graduated from Middlebury College in Vermont; and

Whereas, Secretary Brown continued to feed his desire for knowledge by earning his Juris Doctorate at St. John's University; and

Whereas, Secretary Brown showed a tremendous amount of dedication and sacrifice as he attended law school at night while working as a welfare caseworker for the City of New York; and

Whereas, Secretary Brown was a former partner in the law firm of Patton, Boggs and Blow; and

Whereas, Secretary Brown was a member of the New York Bar, the District of Columbia Bar, and the United States Supreme Court Bar; and

Whereas, Secretary Brown served as chief counsel for the Senate Judiciary Committee; and

Whereas, Secretary Brown was the General Counsel and Vice President for Washington operations for the National Urban League; and

Whereas, Secretary Brown was a passionate advocate for the civil rights of all peoples of the world; and

Whereas, Secretary Brown was the first legislative chairman of the Leadership Conference on Civil Rights; and

Whereas, Secretary Brown served four years in the Army in both Germany and Korea; and

Whereas, Secretary Brown distinguished himself as a highly skilled and extraordinary leader as Chairman of the Democratic National Committee where he united the many factions of a splintered party and spearheaded the successful quest for the White House; and

Whereas, Secretary Brown also served on President Clinton's National Economic Council, Domestic Policy Council, Task Force on National Health Care Reform, and Council on Sustainable Development; and

Whereas, Secretary Brown also chaired the 19-agency Trade Promotion Coordinating Committee and the National Information Infrastructure Task Force; and

Whereas, Secretary Brown was sworn in as the 30th Secretary of Commerce on January 22, 1993; and

Whereas, Secretary Brown was a pioneer in that he was the first African-American to head this major cabinet post; and

Whereas, Secretary Brown's zeal for service and exceptional abilities allowed him to transform the Department of Commerce into a powerful catalyst for American economic might both at home and abroad; and

Whereas, Secretary Brown, through his tireless efforts and boundless energy, became one of the most prolific secretaries of commerce in the history of the post, heading trade development missions to five continents, re-establishing the American economy as the most productive economy on earth, boosting U.S. exports to a record high, and enabling the creation of millions of jobs during the first three years of the Clinton Administration through the use of American exports and technology; and

Whereas, Secretary Brown was a powerful advocate for and believer in the mission of the Department of Commerce to ensure economic opportunity for all Americans and provide a voice for business in the cabinet; and

Whereas, Secretary Brown was devoted to the cause of diversity and utilized his position in the Department of Commerce to promote this end; and

Whereas, Secretary Brown's life was suddenly and tragically extinguished on April 3, 1996, on the last leg of a successful worldwide trade mission. Now, therefore,

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

That the members of the General Assembly commemorate the life, achievements, and the human spirit of Secretary Ronald H. Brown, a magnificent person and 30th U.S. Secretary of Commerce, and reflect upon what Secretary Brown meant to his country, the people of the United States, and the world.

Be it further resolved that a copy of this resolution be forwarded to the family of Secretary Ronald H. Brown.

Senator WASHINGTON spoke on the Concurrent Resolution.

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

H. 4879 -- Rep. Tucker: A CONCURRENT RESOLUTION DECLARING FRIDAY, APRIL 19, 1996, AS "SOUTH CAROLINA HOSPITAL ASSOCIATION DAY".

Whereas, the South Carolina Hospital Association has spent the past seventy-five years working to sustain and improve the health status of the state's citizens while addressing the problems of access and cost; and

Whereas, the South Carolina Hospital Association is committed to working with other health care professionals, community leaders, elected officials, educators, religious leaders, and employers to create better, healthier, safer communities; and

Whereas, the South Carolina Hospital Association strives to help the state's communities make the transition from a model of acute, episodic care to one which embraces wellness, education, and prevention; and

Whereas, South Carolina's hospitals and health systems have an enormous impact on the economic health of their communities, often serving as their areas' largest employers; and

Whereas, the South Carolina Hospital Association has served as an invaluable forum for a host of issues critical to the state's hospitals and health systems; and

Whereas, the South Carolina Hospital Association has led the way in introducing new ideas and critically needed services to the State, such as a statewide Emergency Medical Service system, including standardized training and certification programs for EMS technicians. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, declares Friday, April 19, 1996, as "South Carolina Hospital Association Day."

Be it further resolved that a copy of this resolution be forwarded to Mr. Jay Cox, Chairman, South Carolina Hospital Association, PO Box 6009, West Columbia, South Carolina 29171.

Referred to the Committee on Invitations.

H. 4881 -- Reps. Spearman, Allison and Wells: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 1996, AND FRIDAY, JUNE 14, 1996.

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

That the Palmetto Girls State is authorized to use the Chamber of the Senate and the Chamber of the House of Representatives on Thursday, June 13, 1996, from 9:00 a.m. to 12:30 p.m., and on Friday, June 14, 1996, from 2:00 p.m. to 4:30 p.m. for its annual legislative day activity. If either house is in statewide session, the chamber of that House may not be used. If the renovation to the State House or the relocation of the personnel to the Carolina Plaza renders either or both of these locations unsuitable in the judgment of the Clerks of the Senate and the House of Representatives, the unsuitable location may not be used. In that case, the clerks shall make an effort to fully accommodate the participants in the Gressette and Blatt buildings.

Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

Referred to the Committee on Invitations.

H. 4903 -- Rep. McMahand: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN EDUCATION AND COMMUNITY SERVICE OF MRS. DAISY B. ALEXANDER OF CAMDEN IN KERSHAW COUNTY.

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

H. 4323 -- Reps. Knotts, Kinon, Lanford, Littlejohn, Keyserling, Haskins, Vaughn, Riser, Law and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

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

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:

S. 1151 -- Senators Fair and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

Ordered for consideration tomorrow.

Senator BOAN from the Committee on Medical Affairs submitted a favorable report on:

S. 1313 -- Senators Boan, Thomas and Alexander: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, 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.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Medical Affairs submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow and placed on the Second Reading Calendar pursuant to the provisions of Rule 27D.

Senator ALEXANDER from the Committee on Medical Affairs submitted a favorable report on:

H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Southern Reg. Project on Infant Mortality of the Southern Governors' Association and the Southern Legislative Conference to attend a luncheon and briefing in #208 Blatt Building on Wednesday, April 17, 1996, immediately upon adjournment and lasting until 2:00 P.M.

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

Matthews                  Rose

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from DuPont to attend a reception at Capital City Club on Wednesday, April 24, 1996, from 6:00 until 8:00 P.M.

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

Matthews                  Rose

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Golf Association & S.C. Junior Golf Association to attend a reception at the Riverfront Pavilion, 300 Senate Street on Wednesday, April 24, 1996, from 8:00 until 9:00 P.M.

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

Matthews                  Rose

S. 1348 -- Senator McGill: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF JAMES MCBRIDE DABBS, A MOST OUTSTANDING AND DISTINGUISHED UNIVERSITY OF SOUTH CAROLINA ALUMNUS, WRITER, PHILOSOPHER, AND THEOLOGIAN, ON THE OCCASION OF A SPECIAL FORUM ENTITLED "JAMES MCBRIDE DABBS AND THE SOUTHERN HERITAGE: A CENTENNIAL SYMPOSIUM" TO BE HELD APRIL 10 - 12, 1996.

Returned with concurrence.

Received as information.

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

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.

Senator McCONNELL explained the Bill.

H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

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

Senator LEATHERMAN proposed the following amendment (4666R002.HKL), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 38, and inserting in lieu thereof the following:

/for-profit or not-for-profit corporations, provided, however, that such for-profit corporations are subject to applicable federal and state taxes, and provided that such for-profit corporations shall not compete with any for-profit corporations incorporated in South Carolina. Any such corporation shall engage in an independent accounting firm to conduct an annual audit of its book and records."/.

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (4666R002.HKL) proposed by Senator COURTNEY and previously printed in the Journal of Tuesday, April 9, 1996.

Senator COURTNEY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House with amendments.

The following Joint Resolution was read the third time and ordered sent to the House of Representatives:

S. 1328 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 128 -- Senator Rankin: A BILL TO AMEND SECTION 56-1-460 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO DECREASE THE PERIOD OF INCARCERATION FROM SIXTY TO THIRTY DAYS FOR A SECOND OFFENSE, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD0128.004) proposed by Senator RANKIN and previously printed in the Journal of Tuesday, April 9, 1996.

Senator RANKIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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

S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.

Senator McCONNELL explained the Bill.

On motion of Senator McCONNELL, with unanimous consent, S. 1345 was ordered to receive a third reading on Thursday, April 11, 1996.

S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

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

On motion of Senator PASSAILAIGUE, the Bill was recommitted to the Committee on Finance.

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

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

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

On motion of Senator RYBERG, the Resolution was carried over.

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

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)

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

Senator SETZLER spoke on the Bill.

Senator PASSAILAIGUE proposed the following Amendment No. 7 (1195R013.ELP), which was withdrawn:

Amend the bill, as and if amended, page 5, Section 59-103-30 as contained in SECTION 3 of the bill, by striking lines 13 and 17.

Amend title to conform.

Senator SETZLER argued contra to the adoption of the amendment.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 7 was withdrawn.

Senator PASSAILAIGUE proposed the following Amendment No. 8 (1195R006.ELP), which was adopted:

Amend the bill, as and if amended, page 6, by adding after line 40 the following:

/(C) The commission, when using the critical success factors for the purpose of funding recommendations for institutions of higher learning, is required to use objective, measurable criteria./.

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business to attend the Joint Assembly, and upon the conclusion of the Joint Assembly, the Senate would stand in recess until 3:00 P.M.

Debate was interrupted by recess.

At 11:55 A.M., the Senate stood in recess to attend the Joint Assembly.

At 12:00 Noon, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 4797 -- Reps. Stoddard, Inabinett, Littlejohn and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1996 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

The PRESIDENT announced that nominations were in order for two At-Large positions on the Board of Visitors for The Citadel.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Col. Leonard C. Fulghum, Jr. of Charleston, Mr. J. Palmer Gaillard, III of Charleston, Mr. Douglas A. Snyder of Columbia and Mr. Xavier Starkes of Columbia had been screened and found qualified.

On motion of Rep. Stoddard, the names of Col. Leonard C. Fulghum, Jr., Mr. J. Palmer Gaillard, III and Mr. Douglas A. Snyder were placed in nomination.

On motion of Rep. Stoddard, the name of Mr. Xavier Starkes was withdrawn from consideration.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Col. Fulghum, Jr.:

Alexander              Boan                   Bryan
Courtney               Drummond               Elliott
Giese                  Glover                 Holland
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  O'Dell
Passailaigue           Patterson              Peeler
Rose                   Saleeby                Setzler
Short                  Smith, G.              Smith, J.V.
Washington

The following named Senators voted for Mr. Gaillard:

Cork                   Courson                Fair
Ford                   Glover                 Gregory
Hayes                  Land                   Lander
Leventis               McConnell              Mescher
Passailaigue           Rankin                 Reese
Rose                   Ryberg                 Smith, G.
Thomas                 Waldrep                Wilson

The following named Senators voted for Mr. Snyder:

Alexander              Boan                   Bryan
Cork                   Courson                Courtney
Drummond               Elliott                Fair
Ford                   Giese                  Gregory
Hayes                  Holland                Jackson*
Land                   Lander                 Leatherman
Martin                 Matthews               McGill
Moore                  O'Dell                 Patterson
Peeler                 Rankin                 Reese
Ryberg                 Saleeby                Setzler
Short                  Smith, J.V.            Thomas
Waldrep                Washington             Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Col. Fulghum, Jr.:

Askins                 Bailey                 Baxley
Boan                   Breeland               Brown, H.
Brown, J.              Brown, T.              Byrd
Canty                  Carnell                Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cromer                 Dantzler
Elliott                Fleming                Gamble
Govan                  Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Hines, J.              Hodges
Howard                 Hutson                 Inabinett
Keegan                 Kennedy                Kirsh
Koon                   Lanford                Law
Limehouse              Lloyd                  Marchbanks
McAbee                 McCraw                 McElveen
McKay                  McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rogers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tucker                 Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Williams               Wofford
Worley                 Young

The following named Representatives voted for Mr. Gaillard:

Allison                Anderson               Askins
Breeland               Brown, T.              Cain
Cato                   Cave                   Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Elliott                Felder                 Fulmer
Hallman                Harrell                Harvin
Herdklotz              Hines, M.              Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Klauber
Knotts                 Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 Mason                  McCraw
McElveen               McTeer                 Meacham
Neal                   Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Seithel                Shissias               Simrill
Spearman               Stille                 Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Whatley
Whipper, L.            Whipper, S.            Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Worley                 Wright
Young-Brickell         

The following named Representatives voted for Mr. Snyder:

Allison                Anderson               Bailey
Baxley                 Boan                   Brown, H.
Brown, J.              Byrd                   Cain
Canty                  Carnell                Cato
Chamblee               Clyburn                Cotty
Cromer                 Davenport              Delleney
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Govan
Harris, J.             Harris, P.             Harrison
Herdklotz              Hines, J.              Hines, M.
Howard                 Jaskwhich              Jennings
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Littlejohn
Lloyd                  Loftis                 Marchbanks
Martin                 Mason                  McAbee
McKay                  McMahand               Meacham
Moody-Lawrence         Neilson                Quinn
Rice                   Richardson             Riser
Robinson               Rogers                 Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
White                  Wilkins                Witherspoon
Wofford                Wright                 Young
Young-Brickell         

Total number of Senators voting   43
Total number of Representatives voting   120
Grand Total   163
Necessary to a choice   82
Of which Col. Fulghum received   105
Of which Mr. Gaillard received   97
Of which Mr. Snyder received   121

Whereupon, the PRESIDENT announced that the Honorable Leonard C. Fulghum, Jr. and the Honorable Douglas A. Snyder were duly elected to the two At-Large positions on the Board of Visitors of The Citadel for the terms prescribed by law.

The PRESIDENT announced that nominations were in order for three At-Large positions on the Board of Trustees for Clemson University.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. T. Moffatt Burriss of Eastover, Mr. Joel W. Collins, Jr. of Columbia, Mr. Louis B. Lynn of Columbia, Mr. Davis T. Moorehead of Pendleton, Mr. Howard N. Rawl of Gilbert, Ms. Virginia C. Skelton of Clemson, Mr. William C. Smith, Jr. of Columbia and Mr. Allen P. Wood of Florence had been screened and found qualified.

On motion of Rep. Stoddard, the names of Mr. Joel W. Collins, Jr., Mr. Louis B. Lynn, Mr. William C. Smith, Jr. and Mr. Allen P. Wood were placed in nomination.

On motion of Rep. Stoddard, the names of Mr. T. Moffatt Burriss, Mr. Davis T. Moorehead, Mr. Howard N. Rawl and Ms. Virginia C. Skelton were withdrawn from consideration.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Collins:

Courson                Leventis               Saleeby
Setzler                Waldrep                Wilson

The following named Senators voted for Mr. Lynn:

Alexander              Boan                   Bryan
Cork                   Courtney               Drummond
Elliott                Fair                   Ford
Giese                  Glover                 Gregory
Hayes                  Holland                Land
Lander                 Leatherman             Leventis
Martin                 Matthews               McConnell
McGill                 Mescher                Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Reese
Rose                   Russell                Ryberg
Saleeby                Short                  Smith, G.
Smith, J.V.            Thomas                 Washington

The following named Senators voted for Mr. Smith:

Alexander              Boan                   Bryan
Cork                   Courson                Courtney
Drummond               Elliott                Fair
Ford                   Giese                  Glover
Gregory                Hayes                  Holland
Land                   Lander                 Leatherman
Martin                 Matthews               McConnell
McGill                 Mescher                Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Reese
Rose                   Russell                Ryberg
Setzler                Short                  Smith, G.
Smith, J.V.            Thomas                 Waldrep
Washington             Wilson

The following named Senators voted for Mr. Wood:

Alexander              Boan                   Bryan
Cork                   Courson                Courtney
Drummond               Elliott                Fair
Ford                   Giese                  Glover
Gregory                Hayes                  Holland
Land                   Lander                 Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Reese                  Rose                   Russell
Ryberg                 Saleeby                Setzler
Short                  Smith, G.              Smith, J.V.
Thomas                 Waldrep                Washington
Wilson

On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Collins:

Delleney               Howard                 Jaskwhich
Mason                  Quinn                  Rogers
Sheheen                Wilkes

The following named Representatives voted for Mr. Lynn:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Canty                  Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Felder                 Fleming                Gamble
Govan                  Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Herdklotz              Hines, J.
Hines, M.              Hodges                 Howard
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Loftis
Marchbanks             Martin                 McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell         

The following named Representatives voted for Mr. Smith:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Canty                  Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Easterday              Elliott                Felder
Fleming                Gamble                 Govan
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Marchbanks             Martin
Mason                  McAbee                 McCraw
McElveen               McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Scott                  Seithel
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

The following named Representatives voted for Mr. Wood:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Felder
Fleming                Gamble                 Govan
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Herdklotz              Hines, J.              Hines, M.
Hodges                 Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Marchbanks             Mason
McAbee                 McCraw                 McElveen
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Robinson
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

Total number of Senators voting   43
Total number of Representatives voting   120
Grand Total   163
Necessary to a choice   83
Of which Mr. Collins received   14
Of which Mr. Lynn received   157
Of which Mr. Smith received   155
Of which Mr. Wood received   157

Whereupon, the PRESIDENT announced that the Honorable Louis B. Lynn, the Honorable William C. Smith, Jr. and the Honorable Allen P. Wood were duly elected to the three At-Large positions on the Board of Trustees for Clemson University for the terms prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston, First Congressional District, Seat 2.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Cherry Daniel of Charleston and Mr. John B. Williams of Moncks Corner had been screened and found qualified.

On motion of Rep. Stoddard, the name of Ms. Cherry Daniel was placed in nomination.

On motion of Rep. Stoddard, the name of Mr. John B. Williams was withdrawn from consideration.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cherry Daniel was duly elected to the Board of Trustees for the College of Charleston, First Congressional District, Seat 2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston, Second Congressional District, Seat 4.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Joel H. Smith of Columbia had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Joel H. Smith was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Joel H. Smith was duly elected to the Board of Trustees for the College of Charleston, Second Congressional District, Seat 4, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston, Third Congressional District, Seat 6.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. J. Philip Bell of Greenwood had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. J. Philip Bell was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Philip Bell was duly elected to the Board of Trustees for the College of Charleston, Third Congressional District, Seat 6, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston, Fourth Congressional District, Seat 8.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Merl F. Code of Greenville had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Merl F. Code was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Merl F. Code was duly elected to the Board of Trustees for the College of Charleston, Fourth Congressional District, Seat 8, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston, Fifth Congressional District, Seat 10.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. J. Vincent Price, Jr. of Gaffney had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. J. Vincent Price, Jr. was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Vincent Price, Jr. was duly elected to the Board of Trustees for the College of Charleston, Fifth Congressional District, Seat 10, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston, Sixth Congressional District, Seat 12.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mrs. Marie M. Land of Manning had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mrs. Marie M. Land was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marie M. Land was duly elected to the Board of Trustees for the College of Charleston, Sixth Congressional District, Seat 12, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the College of Charleston, At-Large position, Seat 14.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Timothy N. Dangerfield of Aiken had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Timothy N. Dangerfield was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Timothy N. Dangerfield was duly elected to the Board of Trustees for the College of Charleston, At-Large position, Seat 14, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion University, First Congressional District, Seat 2.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. J. Michael Murphree of Summerville had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. J. Michael Murphree was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Michael Murphree was duly elected to the Board of Trustees for Francis Marion University, First Congressional District, Seat 2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion University, Second Congressional District, Seat 4.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Gail Richardson of Barnwell had been screened and found qualified.

On motion of Rep. Stoddard, the name of Ms. Gail Richardson was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gail Richardson was duly elected to the Board of Trustees for Francis Marion University, Second Congressional District, Seat 4, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion University, Third Congressional District, Seat 6.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. William A. Collins of Greenwood had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. William A. Collins was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William A. Collins was duly elected to the Board of Trustees for Francis Marion University, Third Congressional District, Seat 6, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion University, Fourth Congressional District, Seat 8.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Alex Kiriakides, III had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Alex Kiriakides, III was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Alex Kiriakides, III was duly elected to the Board of Trustees for Francis Marion University, Fourth Congressional District, Seat 8, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion University, Fifth Congressional District, Seat 10.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Lorraine H. Knight of Hartsville had been screened and found qualified.

On motion of Rep. Stoddard, the name of Ms. Lorraine H. Knight was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Lorraine H. Knight was duly elected to the Board of Trustees for Francis Marion University, Fifth Congressional District, Seat 10, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion University, Sixth Congressional District, Seat 12.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. William W. Coleman, Jr. of Florence had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. William W. Coleman, Jr. was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William W. Coleman, Jr. was duly elected to the Board of Trustees for Francis Marion University, Sixth Congressional District, Seat 12, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion University, At-Large Position, Seat 14.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. M. Russell Holliday, Jr. of Galivants Ferry had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. M. Russell Holliday, Jr. was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable M. Russell Holliday, Jr. was duly elected to the Board of Trustees for Francis Marion University, At-Large Position, Seat 14, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander University, First Congressional District, Seat 2.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Nancy J. Cash of Charleston had been screened and found qualified.

On motion of Rep. Stoddard, the name of Ms. Nancy J. Cash was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Nancy J. Cash was duly elected to the Board of Trustees for Lander University, First Congressional District, Seat 2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander University, Second Congressional District, Seat 4.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. George R. Starnes of Columbia had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. George R. Starnes was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George R. Starnes was duly elected to the Board of Trustees for Lander University, Second Congressional District, Seat 4, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander University, Third Congressional District, Seat 6.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Jean T. McFerrin of Aiken had been screened and found qualified.

On motion of Rep. Stoddard, the name of Ms. Jean T. McFerrin was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ms. Jean T. McFerrin was duly elected to the Board of Trustees for Lander University, Third Congressional District, Seat 6, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander University, Fourth Congressional District, Seat 8.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. C. Tyrone Gilmore of Spartanburg had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. C. Tyrone Gilmore was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Mr. C. Tyrone Gilmore was duly elected to the Board of Trustees for Lander University, Fourth Congressional District, Seat 8, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander University, Fifth Congressional District, Seat 10.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. S. Anne Walker of Columbia had been screened and found qualified.

On motion of Rep. Stoddard, the name of Ms. S. Anne Walker was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable S. Anne Walker was duly elected to the Board of Trustees for Lander University, Fifth Congressional District, Seat 10, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander University, Sixth Congressional District, Seat 12.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Walter D. Smith of Florence had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Walter D. Smith was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Walter D. Smith was duly elected to the Board of Trustees for Lander University, Sixth Congressional District, Seat 12, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander University, At-Large Position, Seat 14.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Ann B. Bowen of Greenwood and Ms. Glenas Deloris Green of Greenwood had been screened and found qualified.

On motion of Rep. Stoddard, the name of Ms. Ann B. Bowen was placed in nomination.

On motion of Rep. Stoddard, the name of Ms. Glenas Deloris Green was withdrawn from consideration.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ann B. Bowen was duly elected to the Board of Trustees for Lander University, At-Large Position, Seat 14, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the position on the Board of Trustees for the Medical University of South Carolina, Fourth Congressional District.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Dr. Charles B. Thomas, Jr. of Simpsonville had been screened and found qualified.

On motion of Rep. Stoddard, the name of Dr. Charles B. Thomas, Jr. was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Charles B. Thomas, Jr. was duly elected to the position on the Board of Trustees for the Medical University of South Carolina, Fourth Congressional District, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the position on the Board of Trustees for the Medical University of South Carolina, Fifth Congressional District.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Dr. Cotesworth P. Fishburne, Jr. of Rock Hill had been screened and found qualified.

On motion of Rep. Stoddard, the name of Dr. Cotesworth P. Fishburne, Jr. was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cotesworth P. Fishburne, Jr. was duly elected to the position on the Board of Trustees for the Medical University of South Carolina, Fifth Congressional District, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the position on the Board of Trustees for the Medical University of South Carolina, Sixth Congressional District.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Dr. E. Conyers O'Bryan of Florence had been screened and found qualified.

On motion of Rep. Stoddard, the name of Dr. E. Conyers O'Bryan was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable E. Conyers O'Bryan was duly elected to the position on the Board of Trustees for the Medical University of South Carolina, Sixth Congressional District, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the position on the Board of Trustees for the Medical University of South Carolina, First Congressional District.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Melvyn Berlinsky of Charleston had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Melvyn Berlinsky was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Melvyn Berlinsky was duly elected to the position on the Board of Trustees for the Medical University of South Carolina, First Congressional District, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the position on the Board of Trustees for the Medical University of South Carolina, Second Congressional District.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. H. Donald McElveen of Columbia had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. H. Donald McElveen was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. Donald McElveen was duly elected to the position on the Board of Trustees for the Medical University of South Carolina, Second Congressional District, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the position on the Board of Trustees for the Medical University of South Carolina, Third Congressional District.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Jack F. McIntosh of Anderson and Mr. Fred Moore of Honea Path had been screened and found qualified.

On motion of Rep. Stoddard, the names of Mr. Jack F. McIntosh and Mr. Fred Moore were placed in nomination.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. McIntosh:

Alexander              Boan                   Cork
Courson                Courtney               Drummond
Elliott                Ford                   Giese
Glover                 Gregory                Hayes
Leatherman             Martin                 McGill
Mescher                Passailaigue           Patterson
Peeler                 Rose                   Russell
Ryberg                 Setzler                Short
Smith, J.V.            Thomas                 Waldrep
Washington             Wilson

The following named Senators voted for Mr. Moore:

Fair                   Holland                Land
Lander                 Leventis               Matthews
McConnell              Moore                  O'Dell
Rankin                 Reese                  Saleeby
Smith, G.

On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. McIntosh:

Anderson               Askins                 Baxley
Boan                   Breeland               Byrd
Canty                  Cave                   Dantzler
Govan                  Harris, P.             Harrison
Herdklotz              Hines, J.              Howard
Hutson                 Inabinett              Keyserling
Lanford                Limbaugh               Littlejohn
Lloyd                  Marchbanks             McElveen
McTeer                 Neilson                Rogers
Sheheen                Tucker                 Waldrop
Whipper, L.            White                  Wilder

The following named Representatives voted for Mr. Moore:

Allison                Bailey                 Brown, J.
Cain                   Carnell                Cato
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Easterday              Elliott
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harvin                 Hines, M.
Hodges                 Jennings               Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Knotts
Koon                   Law                    Lee
Limehouse              Loftis                 Mason
McAbee                 McCraw                 McKay
McMahand               Meacham                Moody-Lawrence
Neal                   Phillips               Rice
Richardson             Riser                  Sandifer
Scott                  Seithel                Sharpe
Shissias               Simrill                Smith, R.
Spearman               Stille                 Stoddard
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Whipper, S.            Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total number of Senators voting   42
Total number of Representatives voting   107
Grand Total   149
Necessary to a choice   75
Of which Mr. McIntosh received   62
Of which Mr. Moore received   87

Whereupon, the PRESIDENT announced that the Honorable Fred Moore was duly elected to the position on the Board of Trustees for the Medical University of South Carolina, First Congressional District, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University, At-Large, Seat 11.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. John Williams, Jr. of Orangeburg had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. John Williams, Jr. was placed in nomination.

On motion of Senator WASHINGTON, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John Williams, Jr. was duly elected to the Board of Trustees for South Carolina State University, At-Large, Seat 11, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University, At-Large, Seat 12.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Walter L. Salters of Orangeburg and Mr. Johnnie M. Smith of Greenville had been screened and found qualified.

On motion of Rep. Stoddard, the names of Mr. Johnnie M. Smith and Mr. Walter L. Salters were placed in nomination.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Salters:

Alexander              Bryan                  Cork
Courtney               Elliott                Ford
Glover                 Hayes                  Holland
Land                   Lander                 Leatherman
Leventis               Matthews               McGill
Mescher                Moore                  O'Dell
Passailaigue           Patterson              Rankin
Reese                  Rose                   Saleeby
Setzler                Short                  Smith, G.
Washington             

The following named Senators voted for Mr. Smith:

Boan                   Courson                Drummond
Fair                   Giese                  Gregory
Martin                 McConnell              Peeler
Russell                Ryberg                 Smith, J.V.
Thomas                 Waldrep                Wilson

On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Salters:

Askins                 Bailey                 Breeland
Brown, H.              Brown, T.              Byrd
Canty                  Carnell                Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Elliott
Felder                 Fulmer                 Govan
Hallman                Harrell                Harris, J.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Jennings               Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Law
Lloyd                  Mason                  McAbee
McTeer                 Moody-Lawrence         Neal
Neilson                Rhoad                  Riser
Rogers                 Scott                  Seithel
Sheheen                Shissias               Smith, R.
Spearman               Stille                 Stoddard
Tucker                 Whatley                Whipper, L.
Whipper, S.            White                  Wilkes
Williams               Witherspoon            Wofford
Worley

The following named Representatives voted for Mr. Smith:

Allison                Anderson               Boan
Brown, J.              Cain                   Cato
Davenport              Easterday              Gamble
Harris, P.             Harrison               Herdklotz
Jaskwhich              Keegan                 Knotts
Lanford                Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             McKay                  McMahand
Meacham                Rice                   Richardson
Robinson               Sandifer               Simrill
Smith, D.              Stuart                 Townsend
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Wilder                 Wilkins                Wright
Young                  Young-Brickell

Total number of Senators voting   43
Total number of Representatives voting   111
Grand Total   154
Necessary to a choice   78
Of which Mr. Salters received   95
Of which Mr. Smith received   59

Whereupon, the PRESIDENT announced that the Honorable Walter L. Salters was duly elected to the Board of Trustees for South Carolina State University, At-Large, Seat 12, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the University of South Carolina, Second Judicial Circuit.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Patrick D. Cunning of Aiken and Mr. Miles Loadholt of Barnwell had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Miles Loadholt was placed in nomination.

On motion of Rep. Stoddard, the name of Mr. Patrick D. Cunning was withdrawn from consideration.

On motion of Senator WASHINGTON, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Miles Loadholt was duly elected to the Board of Trustees for the University of South Carolina, Second Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the University of South Carolina, Fourth Judicial Circuit.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. J. DuPre Miller of Bennettsville had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. J. DuPre Miller was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. DuPre Miller was duly elected to the Board of Trustees for the University of South Carolina, Fourth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the University of South Carolina, Sixth Judicial Circuit.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. James Bradley of Lancaster had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. James Bradley was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James Bradley was duly elected to the Board of Trustees for the University of South Carolina, Sixth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the University of South Carolina, Eighth Judicial Circuit.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Herbert C. Adams of Laurens had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Herbert C. Adams was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Herbert C. Adams was duly elected to the Board of Trustees for the University of South Carolina, Eighth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the University of South Carolina, Tenth Judicial Circuit.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Brian A. Comer of Anderson and Mr. Robert N. McLellen of Seneca had been screened and found qualified.

On motion of Rep. Stoddard, the names of Mr. Brian A. Comer and Mr. Robert N. McLellen were placed in nomination.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Comer:

Cork                   Glover                 Gregory
Holland                Leventis               O'Dell
Peeler                 Rankin                 Waldrep

The following named Senators voted for Mr. McLellen:

Alexander              Boan                   Bryan
Courson                Courtney               Drummond
Elliott                Fair                   Ford
Giese                  Hayes                  Land
Lander                 Leatherman             Martin
Matthews               McConnell              McGill
Mescher                Moore                  Passailaigue
Patterson              Reese                  Rose
Russell                Ryberg                 Saleeby
Setzler                Short                  Smith, G.
Smith, J.V.            Thomas                 Washington
Wilson                 

On motion of Rep. Stoddard, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Comer:

Baxley                 Breeland               Byrd
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cotty                  Cromer
Elliott                Govan                  Harris, P.
Hines, J.              Hines, M.              Howard
Jennings               Kennedy                Limbaugh
Martin                 McAbee                 McCraw
Meacham                Moody-Lawrence         Neal
Rogers                 Shissias               Simrill
Smith, D.              Spearman               Townsend
Tucker                 Whipper, S.            Witherspoon

The following named Representatives voted for Mr. McLellen:

Allison                Anderson               Askins
Bailey                 Brown, H.              Brown, J.
Cain                   Carnell                Cato
Dantzler               Davenport              Delleney
Easterday              Felder                 Fleming
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Herdklotz
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Limehouse              Lloyd
Loftis                 Marchbanks             Mason
McElveen               McKay                  McMahand
McTeer                 Neilson                Phillips
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Smith, R.
Stille                 Stoddard               Stuart
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            White
Wilder                 Wilkes                 Wilkins
Williams               Wofford                Worley
Wright                 Young                  Young-Brickell

Total number of Senators voting   43
Total number of Representatives voting   111
Grand Total   154
Necessary to a choice   78
Of which Mr. Comer received   42
Of which Mr. McLellen received   112

Whereupon, the PRESIDENT announced that the Honorable Robert N. McLellen was duly elected to the Board of Trustees for the University of South Carolina, Tenth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the University of South Carolina, Fourteenth Judicial Circuit.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Helen C. Harvey of Beaufort had been screened and found qualified.

On motion of Rep. Stoddard, the name of Ms. Helen C. Harvey was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Helen C. Harvey was duly elected to the Board of Trustees for the University of South Carolina, Fourteenth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the University of South Carolina, Fifteenth Judicial Circuit.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. M. Wayne Staton of Conway had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. M. Wayne Staton was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable M. Wayne Staton was duly elected to the Board of Trustees for the University of South Carolina, Fifteenth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for the University of South Carolina, Sixteenth Judicial Circuit.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Samuel R. Foster, II of Rock Hill had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Samuel R. Foster was placed in nomination.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Samuel R. Foster was duly elected to the Board of Trustees for the University of South Carolina, Sixteenth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for three positions on the Board of Trustees for the Wil Lou Gray Opportunity School, At-Large positions, for the terms prescribed by law.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Dr. Marvin Effron of Cayce, Ms. Wilhelmina McBride of Columbia, Ms. Mary F. "Frankie" Newman of West Columbia, Ms. Suzanne Turner Reynolds of Gaffney and Ms. Olive Wilson of Williamston had been screened and found qualified.

On motion of Rep. Stoddard, the names of Dr. Effron, Ms. McBride, Ms. Newman, Ms. Reynolds and Ms. Wilson were placed in nomination.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Dr. Effron:

Boan                   Bryan                  Cork
Courson                Courtney               Elliott
Giese                  Glover                 Hayes
Holland                Land                   Lander
Leatherman             Martin                 Matthews
Mescher                Moore                  O'Dell
Passailaigue           Patterson              Peeler
Rankin                 Reese                  Rose
Russell                Ryberg                 Saleeby
Setzler                Short                  Smith, G.
Thomas                 Waldrep                Washington
Wilson                 

The following named Senators voted for Ms. McBride:

Alexander              Boan                   Bryan
Cork                   Courson                Courtney
Drummond               Elliott                Fair
Ford                   Giese                  Glover
Gregory                Hayes                  Holland
Land                   Lander                 Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Reese                  Rose                   Russell
Ryberg                 Saleeby                Setzler
Short                  Smith, G.              Smith, J.V.
Thomas                 Waldrep                Washington
Wilson                 

The following named Senators voted for Ms. Newman:

Alexander              Bryan                  Cork
Courson                Drummond               Elliott
Fair                   Ford                   Giese
Glover                 Gregory                Hayes
Leatherman             McConnell              Russell
Ryberg                 Saleeby                Setzler
Short                  Smith, G.              Smith, J.V.
Thomas                 Wilson

The following named Senators voted for Ms. Reynolds:

Alexander              Boan                   Cork
Courtney               Drummond               Elliott
Fair                   Ford                   Giese
Glover                 Gregory                Hayes
Holland                Land                   Lander
Leatherman             Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Reese                  Rose                   Russell
Ryberg                 Short                  Smith, J.V.
Thomas                 Waldrep                Washington

The following named Senators voted for Ms. Wilson:

Alexander              Boan                   Bryan
Courson                Courtney               Drummond
Fair                   Ford                   Gregory
Holland                Land                   Lander
Martin                 Matthews               McConnell
McGill                 Mescher                Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Reese
Rose                   Saleeby                Setzler
Smith, G.              Smith, J.V.            Waldrep
Washington             Wilson

On motion of Rep. Stoddard, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Dr. Effron:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, J.
Byrd                   Cain                   Cato
Cave                   Chamblee               Clyburn
Cotty                  Dantzler               Davenport
Delleney               Easterday              Felder
Fleming                Fulmer                 Gamble
Govan                  Hallman                Harrell
Harris, J.             Harvin                 Hines, J.
Hines, M.              Howard                 Hutson
Inabinett              Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Lee
Limbaugh               Littlejohn             Marchbanks
Martin                 Mason                  McAbee
McKay                  McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stoddard               Stuart                 Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Wilkins                Williams               Witherspoon
Wofford                Wright                 Young
Young-Brickell

The following named Representatives voted for Ms. McBride:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cain                   Canty
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Felder
Fleming                Fulmer                 Gamble
Govan                  Hallman                Harrell
Harris, J.             Harris, P.             Harvin
Herdklotz              Hines, J.              Hines, M.
Howard                 Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Lee                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Loftis
Marchbanks             Mason                  McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rice
Richardson             Riser                  Robinson
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Tucker
Waldrop                Walker                 Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young

The following named Representatives voted for Ms. Newman:

Allison                Askins                 Bailey
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Cain
Cato                   Clyburn                Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Elliott
Felder                 Fulmer                 Gamble
Govan                  Hallman                Harris, P.
Herdklotz              Hines, J.              Hines, M.
Howard                 Inabinett              Keegan
Kelley                 Keyserling             Kinon
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
McCraw                 McKay                  McMahand
McTeer                 Phillips               Rhoad
Richardson             Riser                  Sandifer
Seithel                Sharpe                 Sheheen
Shissias               Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Townsend               Vaughn                 Waldrop
Whatley                Whipper, L.            Whipper, S.
Wilkes                 Wilkins                Williams
Wofford                Worley                 Wright
Young                  Young-Brickell

The following named Representatives voted for Ms. Reynolds:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, J.
Byrd                   Cain                   Canty
Cato                   Cave                   Clyburn
Cobb-Hunter            Cotty                  Dantzler
Davenport              Delleney               Easterday
Elliott                Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harris, J.             Harris, P.
Harvin                 Herdklotz              Hines, J.
Hines, M.              Howard                 Hutson
Jennings               Keegan                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Marchbanks
Mason                  McAbee                 McCraw
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Young
Young-Brickell

The following named Representatives voted for Ms. Wilson:

Anderson               Baxley                 Cave
Chamblee               Cooper                 Easterday
Fleming                Harrell                Harris, P.
Harvin                 Herdklotz              Hutson
Inabinett              Kennedy                Kirsh
Limehouse              Lloyd                  Loftis
Mason                  McAbee                 Meacham
Moody-Lawrence         Rice                   Robinson
Simrill                Stille                 Stoddard
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Walker
Wells                  White                  Wilder
Williams

Total number of Senators voting   43
Total number of Representatives voting   113
Grand Total   156
Necessary to a choice   79
Of which Dr. Effron received   128
Of which Ms. McBride received   154
Of which Ms. Newman received   97
Of which Ms. Reynolds received   139
Of which Ms. Wilson received   69

Whereupon, the PRESIDENT announced that the Honorable Marvin Effron, the Honorable Wilhelmina McBride, the Honorable Mary F. "Frankie" Newman, and Ms. Suzanne Turner Reynolds were duly elected to the four positions on the Board of Trustees for the Wil Lou Gray Opportunity School, At-Large positions, for the terms prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Winthrop University, At-Large positions.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Jane C. Shuler of Orangeburg, Mr. Walter H. Smith of Columbia and Mr. David A. White of Rock Hill had been screened and found qualified.

On motion of Rep. Stoddard, the names of Ms. Jane C. Shuler, Mr. Walter H. Smith and Mr. David A. White were placed in nomination.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Shuler:

Alexander              Boan                   Bryan
Cork                   Courtney               Drummond
Elliott                Fair                   Ford
Giese                  Glover                 Gregory
Hayes                  Holland                Land
Lander                 Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  O'Dell
Passailaigue           Patterson              Peeler
Rankin                 Reese                  Rose
Russell                Ryberg                 Saleeby
Setzler                Short                  Smith, G.
Thomas                 Waldrep                Washington
Wilson                 

The following named Senators voted for Mr. Smith:

Courson                Giese                  Leatherman
Leventis               Mescher                Smith, J.V.

The following named Senators voted for Mr. White:

Alexander              Boan                   Bryan
Cork                   Courson                Courtney
Drummond               Elliott                Fair
Ford                   Glover                 Gregory
Hayes                  Holland                Land
Lander                 Leatherman             Martin
Matthews               McConnell              McGill
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Reese                  Rose                   Russell
Ryberg                 Saleeby                Setzler
Short                  Smith, G.              Smith, J.V.
Thomas                 Waldrep                Washington
Wilson                 

On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Shuler:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, J.
Byrd                   Cain                   Canty
Cato                   Cave                   Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Easterday
Elliott                Felder                 Fleming
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Herdklotz              Hines, J.              Hines, M.
Howard                 Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Klauber                Knotts                 Koon
Lanford                Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Marchbanks             Martin
Mason                  McAbee                 McCraw
McElveen               McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Rice                   Richardson
Riser                  Robinson               Rogers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

The following named Representatives voted for Mr. Smith:

Baxley                 Cromer                 Delleney
Felder                 Harrison               Harvin
Howard                 Jennings               Kirsh
Limbaugh               McKay                  Quinn
Rogers                 Shissias               Spearman
Whipper, S.            Williams

The following named Representatives voted for Mr. White:

Allison                Anderson               Askins
Bailey                 Boan                   Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cain                   Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Fleming                Fulmer                 Gamble
Govan                  Hallman                Harrell
Harris, J.             Harris, P.             Herdklotz
Hines, J.              Hines, M.              Hutson
Inabinett              Keegan                 Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Marchbanks
Mason                  McAbee                 McCraw
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, R.              Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Wells
Whatley                Whipper, L.            White
Wilder                 Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

Total number of Senators voting   43
Total number of Representatives voting   117
Grand Total   150
Necessary to a choice   81
Of which Ms. Shuler received   148
Of which Mr. Smith received   23
Of which Mr. White received   136

Whereupon, the PRESIDENT announced that the Honorable Jane C. Shuler and the Honorable David A. White were duly elected to the Board of Trustees for Winthrop University, At-Large positions, for the terms prescribed by law.

Immediately following the Election of Members to Boards of Trustees of Certain Universities and Colleges, the Joint Assembly proceeded to the judicial election under the terms of a Concurrent Resolution adopted by both Houses:

H. 4821 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE OFFICE OF A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1999.

The PRESIDENT announced that nominations were in order to elect a successor to fill the position of Judge, Court of Appeals, Seat 2.

Rep. F.G. Delleney, Jr., Chairman of the Judicial Screening Committee, indicated that the Honorable Gary E. Clary, the Honorable Ruben L. Gray and the Honorable William L. Howard had been screened and found qualified to serve.

On motion of Rep. Delleney, the names of Judge Gary E. Clary, Judge Ruben L. Gray and Judge William L. Howard were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Judge Clary:

Bryan                  Courtney               Fair
Giese                  Hayes                  Martin
O'Dell                 Peeler                 Reese
Russell                

The following named Senators voted for Judge Gray:

Ford                   Glover                 Holland
Land                   Leventis               Matthews
McGill                 Moore                  Patterson
Rankin                 Washington

The following named Senators voted for Judge Howard:

Alexander              Cork                   Courson
Drummond               Elliott                Gregory
Lander                 Leatherman             McConnell
Mescher                Passailaigue           Rose
Ryberg                 Saleeby                Setzler
Short                  Smith, G.              Smith, J.V.
Thomas                 Waldrep                Wilson

On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Judge Clary:

Allison                Boan                   Cato
Cooper                 Davenport              Delleney
Easterday              Fleming                Gamble
Harrison               Herdklotz              Jaskwhich
Klauber                Lanford                Limbaugh
Littlejohn             Loftis                 Mason
McAbee                 McCraw                 Meacham
Phillips               Quinn                  Riser
Robinson               Sandifer               Sharpe
Simrill                Smith, D.              Spearman
Tripp                  Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder                 Wilkins

The following named Representatives voted for Judge Gray:

Anderson               Askins                 Baxley
Breeland               Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Govan
Harris, P.             Harvin                 Hines, J.
Hines, M.              Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Martin                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Rogers                 Scott
Stoddard               Whipper, L.            Whipper, S.
White                  Williams               Young

The following named Representatives voted for Judge Howard:

Bailey                 Brown, H.              Cain
Chamblee               Cotty                  Cromer
Dantzler               Elliott                Felder
Fulmer                 Hallman                Harrell
Harris, J.             Hodges                 Hutson
Keegan                 Kelley                 Keyserling
Kinon                  Kirsh                  Knotts
Koon                   Law                    Limehouse
Marchbanks             McKay                  Neilson
Rhoad                  Rice                   Richardson
Seithel                Sheheen                Shissias
Smith, R.              Stille                 Stuart
Trotter                Whatley                Wilkes
Witherspoon            Wofford                Worley
Wright                 Young-Brickell

Total number of Senators voting   42
Total number of Representatives voting   118
Grand Total   160
Necessary to a choice   81
Of which Judge Clary received   48
Of which Judge Gray received   47
Of which Judge Howard received   65

No candidate having received a majority vote, the PRESIDENT ordered the Joint Assembly to proceed to a subsequent ballot.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Judge Clary:

Bryan                  Courtney               Fair
Giese                  Martin                 O'Dell
Peeler                 Reese                  Russell

The following named Senators voted for Judge Gray:

Ford                   Glover                 Holland
Land                   Leventis               Matthews
McGill                 Moore                  Patterson
Saleeby                Washington

The following named Senators voted for Judge Howard:

Alexander              Cork                   Courson
Drummond               Elliott                Gregory
Hayes                  Lander                 Leatherman
McConnell              Mescher                Passailaigue
Rankin                 Rose                   Ryberg
Setzler                Short                  Smith, G.
Smith, J.V.            Thomas                 Waldrep
Wilson                 

On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Judge Clary:

Allison                Boan                   Cato
Cooper                 Davenport              Delleney
Easterday              Fleming                Gamble
Harris, P.             Harrison               Herdklotz
Jaskwhich              Klauber                Lanford
Limbaugh               Littlejohn             Loftis
Mason                  McAbee                 McCraw
Phillips               Quinn                  Riser
Sandifer               Sharpe                 Smith, D.
Spearman               Stoddard               Townsend
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Wilder
Wilkins

The following named Representatives voted for Judge Gray:

Anderson               Baxley                 Breeland
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Govan                  Harvin
Hines, J.              Hines, M.              Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  McElveen
McMahand               Moody-Lawrence         Neal
Neilson                Rogers                 Scott
Sheheen                Whipper, L.            Whipper, S.
White                  Williams               Young

The following named Representatives voted for Judge Howard:

Askins                 Bailey                 Brown, H.
Cain                   Chamblee               Cotty
Cromer                 Dantzler               Elliott
Felder                 Fulmer                 Hallman
Harrell                Harris, J.             Hodges
Hutson                 Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Knotts                 Koon                   Law
Limehouse              Marchbanks             Martin
McKay                  McTeer                 Meacham
Rhoad                  Rice                   Richardson
Robinson               Seithel                Shissias
Simrill                Smith, R.              Stille
Stuart                 Tripp                  Trotter
Whatley                Wilkes                 Witherspoon
Wofford                Worley                 Wright
Young-Brickell         

Total number of Senators voting   42
Total number of Representatives voting   119
Grand Total   161
Necessary to a choice   81
Of which Judge Clary received   46
Of which Judge Gray received   44
Of which Judge Howard received   71

No candidate having received a majority vote, the PRESIDENT ordered the Joint Assembly to proceed to a subsequent ballot.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Judge Clary:

Bryan                  Courtney               Fair
Giese                  Martin                 O'Dell
Peeler                 Reese                  Russell

The following named Senators voted for Judge Gray:

Ford                   Glover                 Holland
Land                   Leventis               Matthews
McGill                 Moore                  Patterson
Saleeby                Washington

The following named Senators voted for Judge Howard:

Alexander              Cork                   Courson
Drummond               Elliott                Gregory
Hayes                  Lander                 Leatherman
McConnell              Mescher                Passailaigue
Rankin                 Rose                   Ryberg
Setzler                Short                  Smith, G.
Smith, J.V.            Thomas                 Waldrep
Wilson                 

On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Judge Clary:

Allison                Boan                   Cato
Cooper                 Delleney               Easterday
Fleming                Gamble                 Harrison
Herdklotz              Jaskwhich              Klauber
Lanford                Limbaugh               Littlejohn
Loftis                 Mason                  McCraw
Meacham                Phillips               Quinn
Riser                  Rogers                 Sandifer
Sharpe                 Simrill                Smith, D.
Spearman               Stoddard               Townsend
Tripp                  Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder                 Wilkins

The following named Representatives voted for Judge Gray:

Anderson               Baxley                 Breeland
Brown, J.              Brown, T.              Byrd
Cave                   Clyburn                Cobb-Hunter
Govan                  Harvin                 Hines, J.
Hines, M.              Howard                 Inabinett
Jennings               Lee                    Lloyd
McElveen               McMahand               Moody-Lawrence
Neal                   Robinson               Scott
Whipper, L.            Whipper, S.            White
Williams               Young

The following named Representatives voted for Judge Howard:

Askins                 Bailey                 Brown, H.
Cain                   Chamblee               Cotty
Cromer                 Dantzler               Davenport
Elliott                Felder                 Fulmer
Hallman                Harrell                Harris, J.
Hodges                 Hutson                 Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Knotts                 Koon
Law                    Limehouse              Marchbanks
Martin                 McKay                  McTeer
Neilson                Rhoad                  Rice
Richardson             Seithel                Sheheen
Shissias               Smith, R.              Stille
Stuart                 Trotter                Whatley
Wilkes                 Witherspoon            Wofford
Worley                 Wright                 Young-Brickell

Total number of Senators voting   42
Total number of Representatives voting   115
Grand Total   157
Necessary to a choice   79
Of which Judge Clary received   47
Of which Judge Gray received   40
Of which Judge Howard received   70

On motion of Rep. Canty, the name of the Honorable Ruben L. Gray was withdrawn from consideration.

On motion of Rep. D. Smith, the name of the Honorable Gary E. Clary was withdrawn from consideration.

Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William L. Howard was elected Judge, Court of Appeals, Seat #2, for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber, and was called to order by its PRESIDENT.

At 2:20 P.M., by prior motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.

The Senate reassembled at 3:00 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.

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

Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Boan                      Bryan
Cork                      Fair                      Martin
McConnell                 Mescher                   Moore
Passailaigue              Rankin                    Reese
Rose                      Ryberg                    Setzler
Short                     Smith, G.                 Waldrep
Wilson

It was ascertained that a quorum was not present.

On motion of Senator MOORE, with unanimous consent, Senators COURTNEY, GLOVER, LAND, MOORE and RANKIN were granted leave of the Senate to attend a meeting, to be counted in any quorum calls, and to be notified upon the final roll call vote on S. 1195.

Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Boan                      Bryan
Cork                      Courtney                  Drummond
Fair                      Glover                    Land
Lander                    Martin                    Matthews
McConnell                 Mescher                   Moore
Passailaigue              Patterson                 Peeler
Rankin                    Rose                      Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, G.                 Smith, J.V.
Thomas                    Waldrep                   Wilson

A quorum being present, the Senate resumed.

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)

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

On motion of Senator SETZLER, with unanimous consent, Part F (Clause 6) (1195R033.GFM), proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, April 9, 1996, was withdrawn.

On motion of Senator SETZLER, with unanimous consent, Part F1 to Amendment No. 3 was taken up for immediate consideration.

Senator McCONNELL proposed the following Part F1 of Amendment No. 3 (1195R023.GFM), which was adopted:

Amend the bill, as and if amended, page 10, line 3, by striking all language after / programs. / and continuing through line 5.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator SETZLER, with unanimous consent, Part G (Clause 7) (1195R034.GFM), proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, April 9, 1996, was withdrawn.

On motion of Senator SETZLER, with unanimous consent, Part G1 to Amendment No. 3 was taken up for immediate consideration.

Senator McCONNELL proposed the following Part G1 of Amendment No. 3 (1195R036.GFM), which was adopted:

Amend the bill, as and if amended, page 10, by striking lines 21 through 30 in their entirety and inserting in lieu thereof the following:

/Section 59-103-110.   No public institution of higher learning shall be authorized to construct or purchase any new permanent facility at any location other than on a currently approved campus or on property immediately contiguous thereto unless such new location and or purchase of improved or unimproved real property such new facility has been approved by the commission. Provided, that the provisions of this section shall not apply to the Trident Technical College property in Berkeley County or the new Palmer College site in Charleston County or Francis Marion College in Florence County."/

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER asked unanimous consent to make a motion to take up Amendment No. 22 for immediate consideration.

There was no objection.

Senator McCONNELL proposed the following Amendment No. 22 (1195R038.GFM), which was adopted:

Amend the bill, as and if amended, page 9, by striking lines 22 and 23 and inserting in lieu thereof:

/submitted to and approved by the General Assembly./

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator SETZLER, with unanimous consent, Part D (Clause 4) (1195R031.GFM), proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, April 9, 1996, was withdrawn.

Senator RYBERG proposed the following Amendment No. 20 (1195R019.WGR), which was adopted:

Amend the bill, as and if amended, page 6, line 7, by inserting after the word /technology,/ the following:

/programs,/

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 24 (SBD\1195.003), which was adopted:

Amend the bill, as and if amended, on page 7, line 29 after the word /committee./ by adding the following:

/The provisions of this paragraph do not apply to any capital improvement projects funded in whole or in part prior to July 30,1996./

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SHORT proposed the following Amendment No. 23 (1195R040.LHS), which was adopted:

Amend the bill, as and if amended, page 6, after line 40, by inserting the following:

/(D)   Critical success factors developed and used for the purpose of funding recommendations shall be those which are directly related to the missions of the particular type of institution as outlined in Section 59-103-15(B) and not those factors which are not relevant to the success factors of the particular type of institution./

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 21 (1195C001.GFM):

Amend the bill, as and if amended, page 8, line 5, by adding after the word "final" the following language:

/until or unless modified by action of the General Assembly/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 21A was substituted for Amendment No. 21.

Senator McCONNELL proposed the following Amendment No. 21A (SBD\1195.001), which was adopted:

Amend the bill, as and if amended, page 8 by striking all language on lines 3 through 6 after the word /appeal./

Amend title to conform.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Senators PASSAILAIGUE, ROSE, O'DELL, McCONNELL, McGILL and SHORT proposed the following Amendment No. 25 (1195R042.ELP), which was adopted:

Amend the bill, as and if amended, page 22, line 11, by adding an appropriately numbered new section to read:

/SECTION   ____.   A.   Section 59-145-20 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 59-145-20.   The General Assembly shall annually provide such funding as may be necessary, under the auspices of the Commission on Higher Education, to establish and maintain approved single-gender offerings. , provided that the commission shall not be authorized to require any change to a court approved single-gender education program which would hinder the program's ability to produce a substantively comparable outcome."

B.   Subsection C of Part II, Section 95 of Act 145 of 1995, is repealed.

C.   This SECTION takes effect July 1, 1996, and upon approval of a single-gender program by any court of competent jurisdiction./

Amend the bill further, as and if amended, page 22, by striking lines 12 and 13 and inserting the following:

/SECTION   12.   Unless otherwise provided in this act, upon approval by the Governor, this act shall take effect July 1, 1996./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 17 (1195R016.ELP), previously carried over, which was withdrawn:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION   ____.   A joint committee of the General Assembly is created consisting of the following members: the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the chairman of the Senate Finance Committee, the chairman of the House Ways and Means Committee, the chairman of the Senate Education Committee, and the chairman of the House Education and Public Works Committee, or their designee. The State Superintendent of Education or his or her designee shall be a member of the committee, ex officio.

The joint committee shall retain an independent consultant or consulting firm with experience in the conduct of financial, management performance, and accountability audits and reviews for the purpose of conducting a comprehensive performance audit encompassing all aspects of higher education and the various institutions of higher learning. The audit shall focus on, but not be limited to:

(1)   determining duplicate programs and services and recommending those which should be eliminated;

(2)   the structure, organization, restructuring or reorganization of programs, policies, and procedures;

(3)   evaluation of the application and use of technology to enhance or improve the efficiency of program performance;

(4)   reallocation of personnel and financial resources to maximize the efficient and effective use of government resources;

(5)   the personnel, activities, and budget of the Commission for Higher Education.

The joint committee shall supervise and coordinate the work of the consultant or consulting firm to produce a report which must be submitted to the General Assembly and the Governor no later than March 1, 1997. The joint committee shall be dissolved upon the publication of the report.

Funds necessary to pay for the expenses of the joint committee shall be drawn from the revenues credited to the Higher Education Scholarship Grants account of the Educational Assistance Endowment Fund. All expenses must be authorized and approved by the chairman of the joint committee. The members of this joint committee may not receive per diem, subsistence, mileage, or payments applicable to other state boards or commissions.

Any savings resulting from the decrease of appropriations or expenditures which occur as a result of the implementation of the recommendations in the report must be credited to the Higher Education Scholarship Grants account of the Educational Assistance Endowment Fund. Savings derived from an identifiable source directly related to a finding published in the performance audit must be credited to the Higher Education Scholarship Grants account of the Educational Assistance Endowment Fund./

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

On motion of Senator SETZLER, with unanimous consent, Amendment No. 17 was withdrawn.

At 5:13 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed three minutes.

At 5:06 P.M., the Senate resumed.

Senators PASSAILAIGUE, SETZLER and ROSE proposed the following Amendment No. 26A (SBD\1195.009), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION _____. A committee consisting of twelve members is to be appointed to conduct a performance audit of the public colleges and universities in South Carolina and the Commission on Higher Education. Four members each shall be appointed by the Speaker of the House of Representatives, President Pro Tempore of the Senate and the Governor. Members appointed are to have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy.

The committee shall retain an independent consultant or consulting firm with experience in the conduct of financial, management performance and accountability audits and reviews for the purpose of conducting a comprehensive performance audit encompassing all aspects of higher education and the various institutions of higher learning. The audit conducted shall focus on, but not be limited to:

(1) determining duplicate programs and services and recommending those which should be eliminated;

(2) the structure, organization, restructuring or reorganization of programs, policies, and procedures;

(3) evaluation of the application and use of technology to enhance or improve the efficiency of program performance;

(4) reallocation of personnel and financial resources to maximize the efficient and effective use of government resources;

(5) the personnel, activities, and budget of the Commission on Higher Education.

The committee shall supervise, and coordinate all work necessary to produce a report which must be submitted to the General Assembly and the Governor no later than July 1, 1998.

Funds appropriated to the Commission on Higher Education shall be used to pay consultants or consulting firms hired to conduct the performance audit.

Any savings resulting from the decrease of appropriations or expenditures which occur as a result of the implementation of the recommendations in the report must be used to reduce tuition costs at the institutions where the savings are realized.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

S. 932 -- Senators Bryan, Lander and Washington: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO CHANGE THE DEFINITION OF "CHARGEABLE" ACCIDENT TO ONE RESULTING IN BODILY INJURY TO ANY PERSON IN EXCESS OF ONE THOUSAND DOLLARS PER PERSON, DEATH, OR DAMAGE TO THE PROPERTY OF THE INSURED; AND TO PROVIDE THAT THE INCREASED AMOUNTS, AS CHANGED BY THIS ACT, APPLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1996, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-60.

Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

On motion of Senator BRYAN, with unanimous consent, the Bill was ordered placed on the Calendar.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3915 -- Education and Public Works Committee: 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 MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; 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; 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 BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

On motion of Senator McCONNELL, with unanimous consent, the Bill was ordered placed on the Calendar.

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

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

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

Senator RYBERG objected.

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Senator MOORE asked unanimous consent to take up the Joint Resolution for immediate consideration.

Senator RYBERG objected.

At 5:16 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed 10 minutes.

At 5:26 P.M., the Senate resumed.

Senator DRUMMOND asked unanimous consent to make a motion that when the Senate adjourns today, it stand adjourned to meet Thursday, April 11, 1996, at 11:00 A.M., exclusively for the purpose of the orders of business numbers one through five, for the reading of any Bills which have received unanimous consent to be read, and for the purpose of the calculation of statewide days under Rule 34.

There was no objection.

On motion of Senator MOORE, 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.

Senator BRYAN moved to carry over the Bill.

Senator RYBERG moved to table the motion to carry over.

The motion to table the motion to carry over failed.

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

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

Alexander                 Boan                      Bryan
Courson                   Drummond                  Fair
Ford                      Giese                     Glover
Martin                    McConnell                 Mescher
Moore                     O'Dell                    Patterson
Rankin                    Reese                     Rose
Russell                   Setzler                   Short
Smith, J.V.               

Cork                      Elliott                   Gregory
Hayes                     Leatherman                Peeler
Ryberg                    Smith, G.                 Waldrep
Wilson                    

The Bill was carried over.

S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (ABBREVIATED TITLE)

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

On motion of Senator MOORE, the Bill was carried over

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Senator PEELER spoke on the Bill.

On motion of Senator PEELER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senator MOORE spoke on the Bill.

On motion of Senator MOORE, debate was interrupted by adjournment.

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

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. Robert M. Haynie, 304 Lodge Drive, Greenwood, S.C. 29646

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

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. Herman Watson, 3905 Hill Street, Loris, S.C. 29569

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

Reappointments, Richland County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:

Ms. Gloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205

Ms. Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Ms. Rebecca McDuffie Brown, 3630 Ranch Road, #7-5, Columbia, S.C. 29206

Ms. Donna W. Nix, 6 Archdale Road, Columbia, S.C. 29209

Senator DRUMMOND moved that when the Senate adjourns on Thursday, that it stand adjourned to meet on Friday, April 12, 1996, 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 adjourns on Friday, that it stand adjourned to meet next Tuesday, April 16, 1996, at 12:00 Noon, which motion was adopted.

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Rush Hudson Limbaugh, Sr. of Cape Girardeau, Mo., 103 years old, America's oldest practicing attorney.

At 5:50 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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