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COURSON           THOMAS           WILSON

MATTHEWS          RUSSELL          PATTERSON

STILWELL

NOT VOTING

PASSAILAIGUE      PEELER           O'DELL

Ordered for consideration tomorrow.

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

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

S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(By prior motion of Senator SETZLER)

S. 116 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-385 SO AS TO PROVIDE THAT ATTORNEYS-AT-LAW LICENSED TO

S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.

S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

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

S. 338 -- Rules Committee: A SENATE RESOLUTION TO AMEND RULE 10 OF SENATE RULES, RELATING TO COMMITTEE REPORTS SO AS TO SPECIFY THE ORDER OF BUSINESS AFTER WHICH THE ANNUAL GENERAL APPROPRIATION BILL AND A REAPPORTIONMENT BILL IS TO BE CONSIDERED, TO AMEND RULE 14, RELATING TO PRIVILEGED MOTIONS, SO AS PROVIDE THAT THE MOVER HAS THE RIGHT TO RESTATE A MOTION IF SUCH A REQUEST IS MADE, TO AMEND RULE 16, RELATING TO VOTING, SO AS TO REQUIRE THE AYES AND NOES "VIVA VOCE" ON ANY QUESTION UNLESS A ROLL CALL VOTE OR DIVISION IS ORDERED, TO AMEND RULE 19(11) RELATING TO COMMITTEES OF CONFERENCE, SO AS TO PROVIDE THAT THE PRESIDENT PRO TEMPORE SHALL APPOINT CONFEREES SUBJECT TO CERTAIN CONDITIONS, TO AMEND RULE 32, RELATING TO EXECUTIVE SESSIONS, SO AS TO AUTHORIZE THE PRESENCE OF THE READING CLERK, TO AMEND RULE 34

The Senate proceeded to a consideration of that portion of the Senate Resolution pertaining to Rule 19(11). The question being the adoption of Rule 19(11).

Senator ROSE proposed the following Amendment No. 2 (338R012.MTR), which was tabled:

Amend the bill, as and if amended, page 4, after line 11, by adding the following:

/

(9) In the election of the Chairmen of the Standing Committees, the Senate shall proceed viva voce, severally, to elect the Chairman of each committee by a majority vote. A member who has served as Chairman of a Standing Committee for two terms or eight years as of 1995 or thereafter is not eligible for re-election to that chairmanship. Upon expiration of one term or four years after ceasing to be Chairman of a Standing Committee due to having been Chairman of that Committee for two terms or eight years, the member would be eligible for election again as Chairman of said Committee. /

Amend title to conform.

Senator ROSE explained the amendment.

Senators WILLIAMS and McCONNELL argued contra to the adoption of the amendment.

Senator PEELER argued in favor of the adoption of the amendment.

Senator WILLIAMS moved to lay the amendment on the table.

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

Alexander         Bryan            Cork

Courson           Courtney         Ford

Giese             Glover           Gregory

Hayes             Holland          Land



Printed Page 423 . . . . . Tuesday, January 31,
1995

Lander             LeathermanLeventis

Martin            Matthews         McConnell

McGill            Moore            O'Dell

Passailaigue      Patterson        Rankin

Reese             Russell          Saleeby

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Washington        Williams         Wilson

Elliott           Mescher          Peeler

Richter           Rose             Ryberg

Waldrep

The amendment was laid on the table.

The question then was the adoption of Rule 19(11), as amended.

Senator McCONNELL moved to table Rule 19(11), as proposed in the Resolution.

Rule 19(11) was laid on the table.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

On motion of Senator BRYAN, the Bill was committed to the Committee on Finance.

S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Senator COURSON moved that the Resolution be made a Special Order.

Senator WASHINGTON raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Resolution had not been on the Calendar for a minimum of six statewide legislative days.

The ACTING PRESIDENT sustained the Point of Order.

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

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

Reappointments, Hampton County Magistrates, with terms to expire April 30, 1998:

Honorable Mary F. Henderson, Post Office Box 314, Hampton, S.C. 29924

Honorable Virgin Johnson, Sr., Post Office Box 314, Hampton, S.C. 29924

Honorable Algernon G. Solomons, Jr., Post Office Box 969, Estill, S.C. 29918

At 1:22 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 Senator J. VERNE SMITH.

On motion of Senator STILWELL, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.

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

Senator GIESE 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           Lander           Leatherman

Leventis          Martin           Matthews

McConnell         McGill           Mescher

Moore             O'Dell           Passailaigue

Patterson         Peeler           Rankin

Reese             Richter          Rose

Russell           Ryberg           Saleeby

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Washington

Williams          Wilson

The Senate resumed.

January 23, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Member, Chester County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Ms. Mary Ann Small-Wylie, 101 Cedar Grove Lane, Chester, S.C. 29706 VICE Wade McManus (deceased)

Received as information.

January 25, 1995
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, Florence County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable James R. Harwell, 5127 East Old Marion Highway, Florence, S.C. 29506

Received as information.

Reappointment, Marion County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable William L. Hubbard, Jr., Post Office Box 847, Marion, S.C. 29571

Received as information.

Senator GIESE introduced Dr. Tucker Weston of Columbia, S.C., Doctor of the Day.

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

Senator THOMAS rose to a Point of Personal Interest.

Senator PATTERSON rose to a Point of Personal Interest.

Senator DRUMMOND rose to a Point of Personal Interest.

Senator LEATHERMAN rose to a Point of Personal Interest.

Senator PASSAILAIGUE rose to a Point of Personal Interest.

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following were introduced:

S. 439 -- Senators Reese and Elliott: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY YEARS TO TWENTY-FIVE YEARS THE CREDITED SERVICE REQUIRED FOR A MEMBER TO RETIRE AT ANY AGE WITHOUT A REDUCTION IN BENEFITS, TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ADJUST RETIREMENT CONTRIBUTIONS TO PAY THE ACTUARIAL COST OF THIS EARLY RETIREMENT; AND TO REPEAL SECTIONS 9-1-1515 AND 9-1-1850, RELATING TO ANOTHER EARLY RETIREMENT OPTION AND THE PURCHASE OF ADDITIONAL SERVICE CREDIT BY A MEMBER WITH AT LEAST TWENTY-FIVE YEARS CREDITED SERVICE.

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

S. 440 -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-234 SO AS TO PROVIDE THAT THERE MUST BE DEDUCTED FROM THE APPRAISED VALUE OF AMENITIES OWNED BY A PLANNED UNIT DEVELOPMENT ASSOCIATION AN AMOUNT EQUAL TO THE IMPUTED VALUE OF ACCESS TO THE AMENITIES

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

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