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Read the first time and on motion of Senator MESCHER, with unanimous consent, ordered placed on the Calendar without reference.

On motion of Senator MESCHER, H. 3714 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

An invitation from Carolina's AGC to attend a reception at the Adam's Mark Hotel on Tuesday, March 14, 1995, from 6:00 until 8:00 P.M.

Courson           Peeler           Wilson

Patterson         Stilwell         O'Dell

Passailaigue

NOT VOTING

Matthews          Thomas           Russell

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

An invitation from Assn. of Public Library Adm. of S.C. to attend a luncheon at the Ramada Town House on Wednesday, March 15, 1995, immediately upon adjournment, and lasting until 2:00 P.M.

Courson           Wilson           Thomas

Patterson         Stilwell         O'Dell

Passailaigue

NOT VOTING

Peeler            Matthews         Russell

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

An invitation from DuPont to attend a reception at the Capital City Club on Wednesday, March 15, 1995, from 6:00 until 8:00 P.M.

Courson           Peeler           Wilson

Patterson         Stilwell         O'Dell

Passailaigue

NOT VOTING

Matthews          Thomas           Russell

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

An invitation from S.C. (W.I.F.E.) to attend a breakfast in the lower lobby, State House on Thursday, March 16, 1995, from 8:30 until 10:30 A.M.

Courson           Peeler           Wilson

Patterson         Stilwell         O'Dell

Passailaigue

NOT VOTING

Matthews          Thomas           Russell

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

An invitation from S.C. AFL-CIO to attend a reception at the Ramada Town House on Tuesday, March 21, 1995, from 6:00 until 8:00 P.M.

Courson           Wilson           MatthewsThomasPattersonStilwellRussell
Passailaigue

Printed Page 794 . . . . . Tuesday, March 7,
1995

NOT VOTING

Peeler            O'Dell

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

An invitation from S.C. Assn. of Counties to attend a reception at the Embassy Suites on Wednesday, March 22, 1995, from 6:00 until 7:30 P.M.

Courson           Peeler           Wilson

Patterson         Stilwell         O'Dell

Passailaigue

NOT VOTING

Matthews          Thomas           Russell

S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.

The House returned the Bill with amendments.

On motion of Senator COURTNEY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered

S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".

Returned with concurrence.

Received as information.

S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.

Returned with concurrence.

Received as information.

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

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT

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

S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

S. 98 -- Senators Washington, Leventis, Rose, Wilson, Elliott and O'Dell: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 589 -- Invitations Committee: A SENATE RESOLUTION TO FIX 11:15 ON WEDNESDAY, MARCH 15, 1995, AS THE TIME FOR MR. JOHN MARK MCQUOWN TO SING BEFORE THE SENATE.

The Senate Resolution was adopted.

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

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

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of Amendment No. 3, (JUD0042.004) proposed by Senators PASSAILAIGUE and RANKIN and previously printed in the Journal of Thursday, February 23, 1995.

Senator McCONNELL argued contra to the adoption of the amendment.

With Senator McCONNELL retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.

Senator SETZLER objected.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator McCONNELL moved that the Joint Resolution be recommitted to the Committee on Judiciary.

A roll call vote was ordered.

Senator PASSAILAIGUE moved to table the motion.

Senator McCONNELL raised a Point of Order that the motion to table came too late inasmuch as a roll call vote had been ordered.

The PRESIDENT sustained the Point of Order.

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

Drummond          Ford             Glover

Holland           Jackson          Land

Martin            Matthews         McConnell

McGill            Patterson        Peeler

Reese             Saleeby          Short



Printed Page 799 . . . . . Tuesday, March 7,
1995

Smith, J.V.        StilwellThomas

Waldrep           Washington       Williams

Cork              Courson          Courtney

Elliott           Giese            Gregory

Hayes             Lander           Leventis

Mescher           Moore            O'Dell

Passailaigue      Rankin           Richter

Rose              Russell          Ryberg

Setzler           Wilson

The Joint Resolution was recommitted to the Committee on Judiciary.

We had to vote to recommit the Felony Bill back to the committee because of the insistence of the term limit supporters to piggyback on to the back of the Felony Disqualification Bill. The Felony Bill needed 31 votes and could not get it with a term limits amendment on it. Since the amendments would possibly be appended by a majority vote, it was best to send it back and force the term limits supporters to travel under their own bill.

Due to a meeting previously scheduled, I had requested a leave of absence until 2:30. However, the Senate adjourned at 1:52 P.M. I requested the Clerk to place this statement in the Journal that had I been present I would have voted "no" on the motion to recommit.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

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