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Senator WILSON raised a Point of Order under Rule 34B that the motion was out of order inasmuch as the Rule only allows for a motion after a Bill has been on the Calendar for a minimum of six statewide legislative days.

Senators McCONNELL and LEATHERMAN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

On motion of Senator MOORE, the Senate agreed to go into Executive Session prior to adjournment, and upon lifting the veil of secrecy and publishing any confirmations, the Senate would stand adjourned.

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

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

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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

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

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

On motion of Senator MOORE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator WILLIAMS, with unanimous consent, the following appointments were confirmed in open session:

Initial Appointments, Governing Board of the Department of Natural Resources, with terms to commence July 1, 1994, and to expire July 1, 1998:

2nd Congressional District:

Mr. Joe A. Edens, Post Office Box 528, Columbia, S.C. 29202 VICE J.M. Pendarvis (resigned)

1st Congressional District:

Ms. Mary Pope Hutson Waring, 1/2 Atlantic Street, Charleston, S.C. 29401 VICE George L. Vickery (resigned)

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1992, and to expire July 1, 1996:

4th Congressional District:

George G. Graham, D.D.S., 225 East Wood Street, Spartanburg, S.C. 29303 VICE Knox L. Haynsworth, Jr. (resigned)

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1990, and to expire July 1, 1996:

6th Congressional District:

Mr. Phillip D. Lowe, 3215 Lakeshore Drive, Florence, S.C. 29501 VICE Howard H. Poston, Jr. (resigned)

Initial Appointment, Board of Health and Environmental Control, with term to commence June 30, 1993, and to expire June 30, 1997:

2nd Congressional District:

Mr. Brian K. Smith, 412 Oak Brook Drive, Columbia, S.C. 29223 VICE John Hay Burriss

Senator CORK desired to be recorded as voting against the confirmation of Mr. Brian K. Smith.

At-Large:

Ms. Kathryn M. Kling, 1358 Forest Hill Drive, Aiken, S.C. 29801 VICE Sarah S. Rogers

Senator CORK desired to be recorded as voting against the confirmation of Ms. Kathryn M. Kling.

Reappointment, Commission on Women, with term to commence October 18, 1995, and to expire October 18, 1999:

At-Large:

Ms. Kathryn M. Kling, 1358 Forest Hill Drive, Aiken, S.C. 29801

Senator CORK desired to be recorded as voting against the confirmation of Ms. Kathryn M. Kling.

Initial Appointment, Commission on Women, with term to commence October 18, 1995, and to expire October 18, 1999:

At-Large:

Mrs. Elizabeth G. Cox, 1217 Hobart Drive, Florence, S.C. 29501 VICE Betty G. Dominick

Senator CORK desired to be recorded as voting against the confirmation of Mrs. Elizabeth G. Cox.

The Senate proceeded to a consideration of appointments to the Board of Health and Environmental Control.

Initial Appointment, Board of Health and Environmental Control, with term to commence June 30, 1991, and to expire June 30, 1995:

1st Congressional District:

Ms. Cynthia C. Mosteller, 6 Fairway Village Lane, Isle of Palms, S.C. 29451 VICE Burnet R. Maybank, III (resigned)

1st Congressional District:

Ms. Cynthia C. Mosteller, 6 Fairway Village Lane, Isle of Palms, S.C. 29451

Senator WILLIAMS moved that the initial appointment and reappointment of Ms. Mosteller be confirmed.

Senator CORK argued contra to the confirmation of Ms. Mosteller.

Senator JACKSON spoke on the confirmation.

Senator ROSE argued in favor of the confirmation.

The question then was confirmation of Ms. Mosteller.

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

Alexander         Bryan            Courson

Courtney          Giese            Hayes

Lander            Martin           McConnell

McGill            Mescher          Moore

Passailaigue      Peeler           Rankin

Richter           Rose             Russell

Ryberg*           Setzler          Stilwell

Thomas            Waldrep          Williams

Wilson

Cork              Elliott          Ford

Glover            Jackson          Land

Leventis          Matthews         Patterson

Reese             Saleeby          Washington

*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.

Having received a favorable report from the Richland County Delegation, on motion of Senator GIESE, the following appointment was confirmed in open session:

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Clifford E. Eisenhower, 318 Blue Horse Circle, Elgin, S.C. 29045 VICE Charles R. Delk (resigned)

Having received a favorable report from the Horry County Delegation, by prior motion of Senator ELLIOTT, the following appointment was confirmed in open session:

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

Honorable Gerald T. Whitley, Jr., 3522 Golf Avenue, Little River, S.C. 29566

At 2:07 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the prophet Jeremiah, Chapter 29, (v. 11f):

"For surely I know the plans I have

for your welfare, says the Lord, and

not for harm, to give you a future

with hope. Then when you call upon

Me and come and pray to Me, I will

hear you."
Let us pray.

Dear Lord, it is the waywardness of human nature that weaves and enslaves us in a tangled web. Our spirits become jaded in the deal.

It is reassuring and comforting to know that You have a plan for our lives. Help us to find Your plan for our lives.

Let us, who have received so much, be willing to give much in service to our people.

By our faithful stewardship this day, may we put out the word that truly "THINE IS THE KINGDOM, AND THE POWER AND THE GLORY FOREVER AND EVER."

Amen.

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

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

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Martin



Printed Page 3117 . . . . . Wednesday, May 24,
1995

Matthews          McConnellMcGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Russell          Saleeby

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Washington        Williams         Wilson

A quorum being present, the Senate resumed.

Senator WALDREP recorded his presence subsequent to the Call of the Senate.

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

(R78) S. 732 -- Senator Drummond: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.

May 17, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 732, R. 78, an Act:
TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.

This veto is based upon my belief that S. 732, R. 78 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted."

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator DRUMMOND moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           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

Saleeby           Setzler          Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Williams          Wilson

Senator LEATHERMAN introduced Dr. Steve Ross of Florence, S.C., Doctor of the Day.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
asks for a Committee of Conference, and has appointed Reps. Wofford, Hodges and Meacham of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators HOLLAND, MOORE and COURSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE

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