South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Wednesday, February 24, 1993

(Statewide Session)

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 the words of the Psalmist in Psalm 55 (v.6). Perhaps we recognize a kinship when he says:
"O that I had wings like a dove!
I would fly away and be at rest,
Yea, I would wander afar,
I would lodge in the wilderness!"
Let us pray.

Lord God of the heavens and the earth: when we are tempted, as the Psalmist, to flee the arena of stress and the troubled life, call us back with a stern rebuke... and remind us that our place is not in flight, but in the fight!

Help us to remember that with our special talents we were called for involvement... not withdrawal.

Remind us anew that our destiny... at least in the near future... is not some sequestered quiet place for meditation... but in the very midst of the world of struggling people... far and near.

Help us to hear in the midst of the storm the words "My peace I give unto you".

Amen.

Point of Quorum

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

The Senate resumed.

Recorded Present

Senator LEVENTIS was later recorded as being present.

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

REGULATIONS RECEIVED

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

Document No. 1568
Promulgated By Department of Health and Environmental Control
Licensed Midwives
Received By Lt. Governor February 23, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 30, 1994

Document No. 1570
Promulgated By Department of Labor
Safety Standards for Elevator Facilities
Received By Lt. Governor February 23, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date January 30, 1994

Document No. 1571
Promulgated By Department of Labor
Amusement Rides Safety Code
Received By Lt. Governor February 23, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date January 30, 1994

Document No. 1616
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Construction, Demolition and Land-clearing Debris Landfills
Received By Lt. Governor February 23, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 30, 1994

Document No. 1617
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Municipal, Incineration and Pyrolysis Facilities
Received By Lt. Governor February 23, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 30, 1994

Doctor of the Day

Senator O'DELL introduced Dr. Leonard Douglas of Belton, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 458 -- Senator Drummond: A SENATE RESOLUTION TO CONGRATULATE COACH JOSEPH CABRI FOR HIS OUTSTANDING COACHING ABILITIES IN LEADING LANDER UNIVERSITY'S MEN'S TENNIS TEAM TO NATIONAL ATHLETIC RECOGNITION.

Senator DRUMMOND spoke on the Resolution.

The Senate Resolution was adopted.

S. 459 -- Senator Drummond: A SENATE RESOLUTION TO CONGRATULATE NICLAS NILSSON, STUDENT AND OUTSTANDING TENNIS PLAYER, AT LANDER UNIVERSITY UPON WINNING THE 1992 NAIA NATIONAL SINGLES TITLE IN TENNIS.

The Senate Resolution was adopted.

S. 460 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND ACT 127 OF 1989, AS AMENDED, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL AND MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO PROVIDE THAT, IF THE TOTAL TAX CREDIT PROVIDED IN ACT 127 OF 1989 EXCEEDS SEVEN MILLION DOLLARS, RATHER THAN FIVE MILLION DOLLARS, IN ANY ONE YEAR FOR ALL MEMBERS OF THE POOL, THE BOARD OF DIRECTORS OF THE POOL IS REQUIRED TO ESTABLISH A RATE FOR ALL POLICIES WHICH ASSURES THAT THE TAX CREDIT DOES NOT EXCEED SEVEN MILLION DOLLARS, RATHER THAN FIVE MILLION DOLLARS, IN THE FOLLOWING YEAR OF OPERATION.

Read the first time and referred to the Committee on Banking and Insurance.

S. 461 -- Senators Giese, Setzler, Rose, J. Verne Smith, Elliott, Short, Ford, Ryberg, Wilson, Peeler, Lander, Richter and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 59, SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE CHILDREN WITH DISABILITIES AND TO REQUIRE THE JOINT COMMITTEE ON FORMULA FUNDING FOR EDUCATION TO MAKE RECOMMENDATIONS REGARDING THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS FOR CERTAIN ADDITIONAL WEIGHTINGS; TO ADD SECTION 59-33-110 SO AS TO PROVIDE FOR A MEDIATION PROCESS; TO AMEND SECTION 59-63-20, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD CHILDREN WITH DISABILITIES ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS.

Senator GIESE spoke on the Bill.

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

S. 462 -- Senator Glover: A BILL TO ENACT THE SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 1993, INCLUDING PROVISIONS TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES OF SCHOOL DISTRICTS AND SCHOOL IMPROVEMENT REPORTS, SO AS TO FURTHER PROVIDE FOR THE FORMAT OF THIS REPORT REGARDING HOME-SCHOOL RELATIONSHIPS; TO AMEND CHAPTER 65, TITLE 59, RELATING TO ATTENDANCE OF PUPILS BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR SCHOOL TRUANCY PLANS AND PROCEDURES; TO ADD SECTION 59-26-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS TO PROVIDE THAT SCHOOL GUIDANCE COUNSELORS ARE EMPLOYED PRIMARILY TO COUNSEL STUDENTS, GIVE GROUP GUIDANCE WHERE APPROPRIATE, AND WORK WITH STUDENTS' PARENTS AND TEACHERS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD SHALL ADOPT CERTAIN PROGRAM APPROVAL STANDARDS RELATING TO STUDENTS PURSUING TEACHING PROGRAMS IN REGARD TO WORKING WITH STUDENTS AT RISK AND THEIR PARENTS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR WORKING WITH STUDENTS AT RISK AND THEIR PARENTS; TO AMEND SECTION 43-5-550, RELATING TO THE STATEWIDE WORK SUPPORT SERVICES DELIVERY SYSTEM OF PUBLIC AID AND ASSISTANCE, SO AS TO INCLUDE PARENTAL TRAINING FOR YOUNG CUSTODIAL PARENTS; TO AMEND SECTIONS 59-65-20, 59-65-50, AND 59-65-60, RELATING TO THE ATTENDANCE OF PUPILS, INCLUDING PENALTIES FOR VIOLATION, SO AS TO ESTABLISH CERTAIN PROCEDURES FOR HANDLING NONATTENDANCE CASES; AND TO REPEAL SECTION 59-65-70, RELATING TO THE POWER OF A COURT OF COMPETENT JURISDICTION TO DECLARE A CHILD DELINQUENT FOR FAILURE TO ATTEND SCHOOL.

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

S. 463 -- Senator Land: A BILL TO AMEND SECTIONS 59-109-30, 59-109-50, 59-109-70, 59-109-80, 59-109-90, 59-109-100, 59-109-110, 59-109-120, 59-109-130, 59-109-140, AND 59-109-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY ACT FOR PRIVATE NONPROFIT INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE DEFINITIONS AND PROVIDE ADDITIONAL DEFINITIONS; TO REVISE AND ADD ADDITIONAL POWERS TO THE AUTHORITY, INCLUDING THE POWER TO ENTER INTO AGREEMENTS NECESSARY OR INCIDENTAL FOR ISSUING BONDS OR COMPLETING A PROJECT, TO ENTER INTO FINANCING AGREEMENTS, TO MAKE BOND PROCEEDS AVAILABLE BY LOAN PURSUANT TO A FINANCING AGREEMENT, TO LEASE OR SELL PROJECTS PURSUANT TO A FINANCING AGREEMENT, TO PLEDGE OR ASSIGN FUNDS PURSUANT TO A FINANCING AGREEMENT TO THE PAYMENT OF BONDS; TO AUTHORIZE THE AUTHORITY TO ACQUIRE LAND FOR THE ACQUISITION OF PROJECTS; TO AUTHORIZE PROJECTS OWNED BY THE AUTHORITY AND LEASED TO A PARTICIPATING INSTITUTION TO BE TRANSFERRED TO THE INSTITUTION, AND TO AUTHORIZE FINANCING AGREEMENTS TO CONTAIN PROVISIONS ALLOWING OPTIONS TO RENEW A LEASE OR PURCHASE A PROJECT BEFORE RETIREMENT OF THE BONDS, INCLUDING PURCHASE AT LESS THAN FAIR MARKET VALUE; TO PROVIDE ADDITIONAL PROVISIONS WHICH MAY BE INCLUDED IN PROCEEDINGS AUTHORIZING OR TRUST AGREEMENT PROVIDING FOR BONDS AND A RELATED FINANCING AGREEMENT; TO PROVIDE THAT ONLY AMOUNTS PAID BY A PARTICIPATING INSTITUTION PURSUANT TO A FINANCING AGREEMENT ARE PLEDGED TO THE PAYMENT OF THE BONDS; TO PROVIDE THAT FINANCING AGREEMENTS REQUIRE INSTITUTIONS TO COMPLETE PROJECTS IF BOND PROCEEDS ARE INSUFFICIENT, TO MAKE SUFFICIENT PAYMENTS TO PAY PRINCIPAL, INTEREST, AND ANY PREMIUMS ON BONDS, AND TO MAINTAIN RESERVES AS SET BY THE AUTHORITY, AND TO ALLOW THE AUTHORITY TO REQUIRE OTHER SETASIDES OF AMOUNTS DERIVED FROM FINANCING AGREEMENTS; TO PROVIDE THAT BONDS MAY BE ISSUED PURSUANT GENERALLY TO PROCEEDINGS RATHER ONLY BY RESOLUTION, AND TO PROVIDE THAT A PARTICIPATING PUBLIC INSTITUTION OF HIGHER LEARNING IN OPERATING OR MAINTAINING A PROJECT IS AN ESSENTIAL PUBLIC FUNCTION.

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

S. 464 -- Senators Glover and Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO REQUIRE THE FEDERAL HOLIDAY CELEBRATING MARTIN LUTHER KING, JR.'S BIRTHDAY AS A REQUIRED STATE HOLIDAY.

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

S. 465 -- Senators Glover, Ford and Jackson: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS IN WHICH MEDICAL SUPPLIES AND TREATMENT MUST BE FURNISHED UNDER WORKERS' COMPENSATION LAWS, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED AND THE CONDITIONS OF AND PROCEDURES FOR FURNISHING TREATMENT, TO DELETE THE BAN TO COMPENSATION WHEN AN EMPLOYEE REFUSES TREATMENT, TO DEFINE CERTAIN TREATMENT TERMS TO INCLUDE CHIROPRACTIC CARE; AND TO AMEND SECTION 42-15-70, RELATING TO AN EMPLOYER'S LIABILITY FOR TREATMENT AND THE EFFECT OF MALPRACTICE, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR CHARGES AND TO REQUIRE APPROVAL OF TREATMENT OF A HEALTH CARE PROVIDER SELECTED BY AN EMPLOYEE BEFORE AN EMPLOYER IS LIABLE FOR THE CHARGES.

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

S. 466 -- Senators Thomas, Courson, Mitchell and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO ENACT THE PROVIDER SELF-REFERRAL ACT; TO PROHIBIT HEALTH CARE PROVIDERS FROM REFERRING PATIENTS TO FACILITIES AND SERVICES IN WHICH THE PROVIDER HAS A FINANCIAL INTEREST UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE PENALTIES; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO GATHER DATA AND TO REPORT TO THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Medical Affairs.

S. 467 -- Senator Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-135, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER SELLING A PURCHASER A PREVIOUSLY-OWNED VEHICLE MUST WARRANT AND GUARANTEE ALL PARTS AND EQUIPMENT OF THE VEHICLE FOR A PERIOD OF AT LEAST THIRTY DAYS, AND TO REQUIRE THE DEALER UNDER CERTAIN CONDITIONS TO REFUND THE PURCHASE PRICE OF THE VEHICLE OR REPLACE IT WITH A SIMILAR ONE OF EQUAL VALUE ACCEPTABLE TO THE PURCHASER AT THE END OF THIS THIRTY-DAY PERIOD IF THE DEFECTS OF THE MOTOR VEHICLE HAVE NOT BEEN REMEDIED.

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

S. 468 -- Senators Courson, Courtney, Passailaigue and Giese: A BILL TO AMEND SECTION 38-55-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRESENTING OF A FALSE CLAIM FOR PAYMENT TO AN INSURER TRANSACTING BUSINESS IN THIS STATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO FALSE CLAIMS FOR PAYMENT MADE TO HEALTH MAINTENANCE ORGANIZATIONS AND ANY PERSON, INCLUDING THE STATE OF SOUTH CAROLINA, PROVIDING BENEFITS FOR HEALTH CARE IN THIS STATE.

Read the first time and referred to the Committee on Banking and Insurance.

S. 469 -- Senators Courson, Mitchell, Leatherman and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

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

S. 470 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO STANDARDS FOR FACILITIES IN WHICH SOUTH CAROLINA PUBLIC RECORDS ARE STORED AND MAINTAINED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1503, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3556 -- Reps. J. Brown, Williams, Breeland, Anderson, McMahand, Beatty, Moody-Lawrence, Canty, Hines, Cobb-Hunter, Neal, Byrd, Scott, Govan, Kennedy, Whipper, Inabinett and White: A CONCURRENT RESOLUTION SALUTING DR. COLLIE COLEMAN, PRESIDENT OF ALLEN UNIVERSITY IN COLUMBIA, FOR HIS SUPERB AND TIRELESS EFFORTS TO ESTABLISH ALLEN UNIVERSITY AMONG THE PREMIER LEADERS IN HIGHER EDUCATION IN THE PALMETTO STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3014 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 44 SO AS TO PROVIDE FOR FAMILY SUPPORT SERVICES THROUGH THE DEPARTMENT OF MENTAL RETARDATION.

Read the first time and referred to the Committee on Medical Affairs.

H. 3015 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO DEFINE "ACCREDITED COLLEGE OR UNIVERSITY" AND CHANGE THE BOARD NAME TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

Read the first time and referred to the Committee on Medical Affairs.

H. 3495 -- Reps. Baxley and J. Harris: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO KEEP OPEN THE SATELLITE OFFICE FOR RENEWING DRIVER'S LICENSES AND REGISTRATIONS IN CHESTERFIELD COUNTY.

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

H. 3507 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1517, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3508 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

REPORTS OF STANDING COMMITTEES

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

S. 5 -- Senators Williams and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.

Ordered for consideration tomorrow.

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

S. 6 -- Senators Williams, Leventis and Passailaigue: A BILL TO AMEND SECTIONS 1-3-220, 1-3-240, AND 1-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL POWER, SO AS TO PROVIDE THAT THE GOVERNOR MAY REMOVE ANY PERSON APPOINTED BY HIM WITHOUT CAUSE; TO AMEND SECTION 8-1-80, RELATING TO CERTAIN PUBLIC OFFICERS CONVICTED OF SPECIFIED CRIMES, SO AS TO FURTHER CLARIFY THIS SECTION; TO AMEND 8-1-100, RELATING TO THE GOVERNOR'S DISCRETION TO SUSPEND STATE AND COUNTY OFFICERS INDICTED FOR ANY CRIME, SO AS TO CLARIFY THAT SUSPENSION IS MANDATORY IN CASES WHERE THE CRIME COMMITTED IS EMBEZZLEMENT OR THE MISAPPROPRIATION OF PUBLIC OR TRUST FUNDS; AND TO REPEAL SECTION 8-1-90.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

S. 208 -- Senators Hayes, Ryberg, Wilson, Russell, J. Verne Smith, Drummond, Martin, Thomas and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO FURTHER REGULATE COIN-OPERATED MACHINES AND DEVICES LICENSED UNDER THE PROVISIONS OF SECTION 12-21-2720; TO REPEAL, EFFECTIVE JULY 1, 1994, SECTION 16-19-60 RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.

Ordered for consideration tomorrow.

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

S. 340 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSIONER OF MENTAL HEALTH ACTING AS THE CONSERVATOR FOR A PATIENT IN A STATE FACILITY AND RECEIVING FUNDS ON BEHALF OF AND FOR THE USE OF SUCH A PATIENT, SO AS TO DELETE THE PROVISION REQUIRING A BALANCE LEFT BY A DECEASED PATIENT TO BE RETURNED TO THE JUDGE OF PROBATE IN THE PATIENT'S COUNTY FOR DISTRIBUTION.

Ordered for consideration tomorrow.

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

S. 341 -- Senator Bryan: A BILL TO AMEND SECTION 44-24-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S REVIEW AND DISPOSITION OF A CHILD ADMITTED AS AN INPATIENT TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE COURT MAY FIND A CHILD WAS ADMITTED INVOLUNTARILY BUT THAT THE ADMISSION WAS NECESSARY AND TO PROVIDE REQUIREMENTS WHEN THIS IS THE FINDING.

Ordered for consideration tomorrow.

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

S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3287 favorable:

H. 3287 -- Reps. Inabinett, Kelley, Gonzales, Holt, Govan, Byrd, Waites, Corning, Shissias, Harrell, Whipper, Riser, Canty, J. Brown, R. Young, Law, Keyserling, Williams and Stille: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 6, 1993) AS "LEGISLATIVE FAMILY DAY 1993" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1993".

Poll of the Invitations Committee on H. 3287

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews Russell

TOTAL--2

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3520 favorable:

H. 3520 -- Reps. Byrd, J. Brown, Cobb-Hunter, Scott, Waites, Inabinett, White, Shissias, J. Bailey, Whipper, Neal, Harrell, Stille, Rogers, Hines, McMahand, Anderson, Breeland, Canty, Beatty, Corning, Wofford, Moody-Lawrence, Barber, Kennedy, Klauber, Harvin and Cromer: A CONCURRENT RESOLUTION DESIGNATING WEDNESDAY, MARCH 3, 1993, AS "NATIONAL COUNCIL OF NEGRO WOMEN LEGISLATIVE RECOGNITION DAY" IN SOUTH CAROLINA.

Poll of the Invitations Committee on H. 3520

Ayes 9; Nays 0; Not Voting 1

AYES

Courson Wilson Matthews
Thomas Patterson Stilwell
Russell O'Dell Passailaigue

TOTAL--9

NAYS

TOTAL--0

NOT VOTING

Peeler

TOTAL--1

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 242 -- Senators Ford and Glover: A CONCURRENT RESOLUTION TO ENCOURAGE SPECIAL INTEREST GROUPS EMPLOYING LOBBYISTS TO INCREASE THE NUMBER OF QUALIFIED AFRICAN-AMERICANS EMPLOYED AS REGISTERED LOBBYISTS.

Returned with concurrence.

Received as information.

S. 243 -- Senators Wilson, Gregory, Russell, Cork, Ryberg, Drummond, J. Verne Smith and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION ESTABLISHING A PRESIDENTIAL LINE ITEM VETO.

Returned with concurrence.

Received as information.

S. 404 -- Senator Courson: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 22-28, 1993, AS "TEENAGE PREGNANCY PREVENTION AWARENESS WEEK".

Returned with concurrence.

Received as information.

S. 408 -- Senator Holland: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELAY ITS DECISION ON THE CLOSING OF THE DRIVERS' LICENSE OFFICE IN THE CITY OF PAGELAND IN CHESTERFIELD COUNTY AND TO MEET WITH THE CHESTERFIELD COUNTY DELEGATION AND THE LOCAL MUNICIPAL OFFICIALS TO SEEK AN ALTERNATIVE SOLUTION.

Returned with concurrence.

Received as information.

S. 446 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 2, 1993, "YORK COUNTY DAY".

Returned with concurrence.

Received as information.

S. 457 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, 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, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND MAJOR ISRAEL BROOKS, JR., OF COLUMBIA UPON BEING NAMED "DISTINGUISHED OFFICER OF THE YEAR" BY BLACKS IN LAW ENFORCEMENT MAGAZINE.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 423 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO THE REPEAL OF CERTAIN SALES AND USE TAX REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1521, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 16 -- Senators Wilson, Thomas, Ryberg, Courson, Russell and Passailaigue: A BILL TO AMEND SECTION 2-7-71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A FISCAL IMPACT STATEMENT ON A STATE TAX BILL REPORTED OUT OF A STANDING COMMITTEE OF THE GENERAL ASSEMBLY, SO AS TO EXTEND THE REQUIREMENT TO A BILL RELATING TO TAXES FOR ALL POLITICAL SUBDIVISIONS OF THE STATE.

S. 135 -- Senators Rose, Reese and McGill: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE LIST OF CERTAIN MATTERS THAT ARE DECLARED TO BE PUBLIC INFORMATION, SO AS TO ADD TO THAT LIST THE CONTENTS OF ALL RECOMMENDATIONS OR REPORTS GIVEN BY THE LEGISLATIVE AUDIT COUNCIL STAFF TO THE LEGISLATIVE AUDIT COUNCIL.

S. 368 -- Senator Drummond: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 3462 -- Reps. Rudnick, Huff, Sharpe, R. Smith and Stone: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE PENALTIES UNDER CERTAIN CIRCUMSTANCES.

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

Senator MOORE proposed the following amendment (3462R001.TLM), which was adopted:

Amend the bill, as and if amended, page 2, by striking SECTION 2 and inserting the following:

/SECTION 2. This act takes effect upon approval by the Governor and applies with respect to taxes due in 1992 and thereafter./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3437 -- Reps. Wright and Quinn: A BILL TO PROVIDE FOR THE ELECTION OF THE LEXINGTON COUNTY BOARD OF EDUCATION IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO REDUCE THE TERMS OF BOARD MEMBERS FROM FIVE YEARS TO FOUR, AND TO PROVIDE TRANSITION PROVISIONS RELATING TO THE TERMS OF CURRENT MEMBERS, AND TO PROVIDE FOR THE METHOD OF FILLING VACANCIES ON THE LEXINGTON COUNTY BOARD OF EDUCATION AND ON SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY INCLUDING THE RICHLAND COUNTY PORTION OF SCHOOL DISTRICT 5.

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

There was no objection.

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

Senator SETZLER proposed the following amendment (3437R001.NGS), which was adopted:

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

/SECTION . Candidates for the office of member of the Lexington County Board of Education are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation./

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Amendment No. 7 (174R015.EES) proposed by Senator SALEEBY and previously printed in the Journal of February 18, 1993.

Senator SALEEBY argued in favor of the adoption of the amendment and Senators ROSE, McCONNELL, BRYAN and MACAULAY argued contra.

Senator BRYAN spoke on the amendment.

RECESS

At 12:55 P.M., on motion of Senator SALEEBY, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 1:05 P.M., the Senate resumed.

Senator McCONNELL spoke on the amendment.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 7 was carried over.

Amendment No. 8

Senator ROSE proposed the following Amendment No. 8 (174R017.MTR), which was tabled:

Amend the committee report, as and if amended, by adding after line 33 the following:

/Be it further resolved, that Rule 32 of the Rules of the Senate is amended by denominating the current text of Rule 32 as Section A and adding a new Section B to read as follows:

"B.

No member may make, participate in making, or in any way attempt to use his office or membership to influence a decision regarding an appointment of a family member of the member. For the purpose of this rule, "family member" shall mean a spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild or an individual claimed by the member as a dependent for income tax purposes."/

Amend title to conform.

Senator ROSE explained Amendment No. 8.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Leave of Absence

On motion of Senator J. VERNE SMITH, at 2:15 P.M., Senator GIESE was granted a leave of absence for the balance of the day.

Amendment No. 9

Senators REESE and MITCHELL proposed the following Amendment No. 9 (174R016.GGR):

Amend the bill, as and if amended, by adding at the end:

/Be it further resolved that the first paragraph of Rule 15 is amended to read:

"Except for any Reapportionment Bill, the debate on any bill, motion, or other matter which has been pending before the Senate for a minimum of thirty minutes and the time such bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-seven (27) twenty-eight (28) members of the Senate. Notwithstanding the provision of Rule 14 or any other rule, such motion may be made at any time by any member and shall not be subject to amendment or debate."/

Amend title to conform.

Senators REESE and PATTERSON argued in favor of the adoption of the amendment and Senators J. VERNE SMITH and DRUMMOND argued contra.

Senators WASHINGTON and MACAULAY argued in favor of the adoption of the amendment.

Senator BRYAN spoke on the amendment.

Senator LAND argued in favor of the adoption of the amendment and Senators WILLIAMS and RYBERG argued contra.

Senator MITCHELL argued in favor of the adoption of the amendment and Senators SETZLER and ROSE argued contra.

Senator McCONNELL spoke on the amendment.

Leave of Absence

At 2:25 P.M., Senator COURSON requested a leave of absence from 5:15 - 6:30 P.M.

Leave of Absence

On motion of Senator COURSON, at 2:25 P.M., Senator McCONNELL was granted a leave of absence from 5:15 - 6:30 P.M.

Senator J. VERNE SMITH argued contra to the adoption of the amendment.

Senator J. VERNE SMITH moved to lay the amendment on the table.

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

Ayes 21; Nays 23

AYES

Bryan Cork Courson
Courtney Drummond Gregory
Hayes Lander Leatherman
Martin Peeler Richter
Rose Russell Ryberg
Setzler Smith, J.V. Stilwell
Thomas Williams Wilson

TOTAL--21

NAYS

Elliott Ford Glover
Holland Jackson Land
Macaulay Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Rankin Reese
Saleeby Short Smith, G.
Waldrep Washington

TOTAL--23

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

OBJECTION

Senator WILLIAMS asked unanimous consent, with Senator BRYAN retaining the floor, to make a motion that the Senate stand adjourned.

Senator PATTERSON objected.

Senator BRYAN continued arguing contra to the adoption of the amendment.

OBJECTION

Senator WILLIAMS asked unanimous consent, with Senator BRYAN retaining the floor, to make a motion that those members on the Committee to Screen Candidates for the Public Service Commission be granted leave to meet and be counted in any quorum calls and be granted leave to vote by proxy.

Senator J. VERNE SMITH objected.

OBJECTION

Senator WILLIAMS asked unanimous consent, with Senator BRYAN retaining the floor, to make a motion that the Senate stand adjourned.

Senator PATTERSON objected.

Senator BRYAN argued contra to the adoption of Amendment No. 9.

ACTING PRESIDENT PRESIDES

At 2:59 P.M., Senator SHORT assumed the Chair.

Senator BRYAN argued contra to the adoption of the amendment.

Point of Quorum

Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator BRYAN argued contra to the adoption of the amendment.

OBJECTION

Senator MARTIN asked unanimous consent, with Senator BRYAN retaining the floor, to make a motion that the Senate stand adjourned.

Senator McCONNELL objected.

Senator BRYAN continued arguing contra to the adoption of the amendment.

Point of Quorum

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator BRYAN argued contra to the adoption of the amendment.

Motion Under Rule 15A Fails

At 3:25 P.M., Senator McCONNELL moved under Rule 15A to set a time certain of 6:00 P.M. this evening to vote on the entire matter of S. 174.

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

Ayes 24; Nays 20

AYES

Elliott Ford Glover
Holland Jackson Land
Macaulay Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Rankin Reese
Saleeby Short Smith, G.
Waldrep Washington Williams

TOTAL--24

NAYS

Bryan Cork Courson
Courtney Drummond Gregory
Hayes Lander Leatherman
Martin Peeler Richter
Rose Russell Ryberg
Setzler Smith, J.V. Stilwell
Thomas Wilson

TOTAL--20

Not having received the necessary vote, the motion under Rule 15A failed.

Senator BRYAN argued contra to the adoption of the Amendment No. 9.

PRESIDENT PRESIDES

At 4:03 P.M., the PRESIDENT assumed the Chair.

Senator BRYAN argued contra to the adoption of the amendment.

Point of Quorum

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

Call of the Senate

Senator PASSAILAIGUE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Glover Gregory
Hayes Holland Jackson
Land Lander Leatherman
Macaulay Martin Matthews
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Wilson

The Senate resumed.

Senator BRYAN argued contra to the adoption of the amendment.

Point of Quorum

Senator RYBERG made the point that a quorum was not present.

Point of Order

Senator McCONNELL raised a Point of Order under Rule 6 that the Senator was not at his desk when he was recognized by the PRESIDENT.

The PRESIDENT sustained the Point of Order.

Point of Quorum

Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator BRYAN argued contra to the adoption of the amendment.

Point of Quorum

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

At 5:03 P.M., Senator J. VERNE SMITH moved that the Senate stand adjourned.

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

Ayes 17; Nays 20

AYES

Bryan Cork Courson
Courtney Drummond Gregory
Hayes Lander Leatherman
Peeler Richter Rose
Ryberg Smith, J.V. Stilwell
Thomas Wilson

TOTAL--17

NAYS

Elliott Ford Glover
Holland Jackson Land
Macaulay Matthews McConnell
Mescher Mitchell Moore
Passailaigue Patterson Reese
Saleeby Short Smith, G.
Waldrep Washington

TOTAL--20

The Senate refused to adjourn.

Senator BRYAN argued contra to the adoption of the Amendment No. 9.

Leave of Absence

At 5:05 P.M., Senator MITCHELL requested a leave of absence beginning at 6:15 P.M.

Senator BRYAN argued contra to the adoption of the amendment.

Leave of Absence

At 5:50 P.M., Senators RICHTER and RYBERG requested a leave of absence until 7:00 P.M.

Senator BRYAN argued contra to the adoption of the amendment.

RECESS

At 6:05 P.M., on motion of Senator DRUMMOND, with Senator BRYAN retaining the floor, the Senate receded from business not to exceed five minutes.

At 6:24 P.M., the Senate resumed.

Senator BRYAN argued contra to the adoption of the amendment.

Leave of Absence Rescinded

At 6:25 P.M., the leave of absence granted to Senator MITCHELL beginning at 6:15 P.M. was rescinded.

Senator BRYAN argued contra to the adoption of the Amendment No. 9.

ACTING PRESIDENT PRESIDES

At 6:28 P.M., Senator STILWELL assumed the Chair.

Senator BRYAN continued arguing contra to the adoption of the amendment.

RECESS

At 7:09 P.M., on motion of Senator RICHTER, with Senator BRYAN retaining the floor, the Senate receded from business not to exceed five minutes.

At 7:25 P.M., the Senate resumed.

Senator BRYAN argued contra to the adoption of the amendment.

On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, Senator BRYAN retaining the floor.

MOTION ADOPTED
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert Mangum of Rock Hill, South Carolina.

ADJOURNMENT

At 7:35 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


This web page was last updated on Monday, June 29, 2009 at 4:08 P.M.