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Courson           Peeler           Matthews

Thomas            Patterson        Stilwell

Russell           Passailaigue

NOT VOTING

Wilson            O'Dell

Ordered for consideration tomorrow.

S. 805 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION CONGRATULATING DR. ALLEN D. EDWARDS OF ROCK HILL ON HIS SELECTION AS THE "1995 OUTSTANDING OLDER SOUTH CAROLINIAN".

Returned with concurrence.

Received as information.

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

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

S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

Senators BRYAN and COURTNEY explained the Bill.

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 803 -- Senators McConnell, Passailaigue, Rose and Richter: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMISSIONS, AND TO THE GOVERNING BODIES OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY.

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

H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.

On motion of Senator LEATHERMAN, H. 3734 was ordered to receive a third reading on Thursday, May 4, 1995.

H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO

S. 802 -- Senators Mescher, Rose and Richter: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

On motion of Senator MESCHER, S. 802 was ordered to receive a third reading on Thursday, May 4, 1995.

S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

On motion of Senator ROSE, S. 804 was ordered to receive a third reading on Thursday, May 4, 1995.

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.

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

Senators WILLIAMS and WILSON proposed the following amendment (JUD0507.001), which was adopted:

Amend the bill, as and if amended, by page 1, beginning on line 39, in Section 40-17-55(A), as contained in SECTION 1, by striking lines 39 through 40 and inserting therein /(4) has not been convicted of a felony or a crime involving moral turpitude, even if pardoned for the disqualifying offense;/

Amend the bill further, as and if amended, page 2, line 2, in Section 40-17- 55(A), as contained in SECTION 1, by inserting after the word /service;/ the following:

/and/

Amend the bill further, as and if amended, page 2, line 28, in Section 40-17- 55(C), as contained in SECTION 1, by striking /turpitude;/ and inserting therein /turpitude, even if pardoned for the disqualifying offense;/

Amend the bill, as and if amended, page 2, line 30, in Section 40-17-55(C), as contained in SECTION 1, by inserting after /capacity;/ the following:

/and/

Amend title to conform.

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

Senator WILLIAMS asked unanimous consent to make a motion to go into Executive Session prior to a recess.

Senator CORK objected.

Senator DRUMMOND asked unanimous consent to make a motion that, if any amendments to the Bill were to be carried over, that they be carried over to third reading.

Senator CORK objected.

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

There was no objection and the motion was adopted.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF THE GENERAL APPROPRIATION BILL.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 93 proposed by Senator LEATHERMAN and previously printed in the Journal of Tuesday, May 2, 1995.

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that the Point of Order raised by Senator BRYAN under Section 11-11-440 relative to Amendment No. 61 was out of order inasmuch as it came too late.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator BRYAN that Amendment No. 93 was out of order inasmuch as it was violative of Section 11-11- 440.

The PRESIDENT sustained the Point of Order.

Amendment No. 93 was ruled out of order.

The question then was the adoption of Amendment No. 61 (JIC\5894HTC.95) proposed by Senators PASSAILAIGUE and JACKSON and previously printed in the Journal of Tuesday, May 2, 1995.

The PRESIDENT took up the Point of Order raised by Senator BRYAN that Amendment No. 61 was out of order inasmuch as it was violative of Section 11-11- 440.

The PRESIDENT sustained the Point of Order.

Amendment No. 61 was ruled out of order.

Senator LEATHERMAN appealed the Ruling by the PRESIDENT whereby Amendment No. 93 was ruled out of order.

Senator MARTIN raised a Point of Order that the appeal of the Ruling by the PRESIDENT came too late inasmuch as intervening business had transpired.

Senators LEATHERMAN and MARTIN spoke on the Point of Order.

At 10:42 A.M., Senator COURTNEY assumed the Chair.

The ACTING PRESIDENT overruled the Point of Order and stated that the motion was timely.

The question then was the appeal of the Ruling by the PRESIDENT.

Senators LEATHERMAN and PASSAILAIGUE argued contra to the Ruling by the PRESIDENT.

Senators BRYAN, MARTIN, GIESE and LEVENTIS argued in favor of the Ruling by the PRESIDENT.

The question then was, "Shall the decision of the PRESIDENT be upheld?"

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Hayes             Lander           Martin

McConnell         McGill           Mescher

Moore             O'Dell           Patterson

Peeler            Rankin           Reese

Rose              Russell          Ryberg

Setzler           Smith, G.        Smith, J.V.

Stilwell          Thomas           Washington

Williams          Wilson

Holland           Land             Leatherman

Leventis          Matthews         Passailaigue

Saleeby           Short

The decision of the PRESIDENT was upheld.

Senator McCONNELL proposed the following Amendment No. 49 (3362R004.GFM), which was adopted:

Amend the bill, as and if amended, Part II, Section 69, page 579, line 5, by inserting:
after the word "preserve":

/and renovate or restore/.

Amend the bill further, as and if amended, Part II, Section 69, page 580, line 10, by inserting:
after the word "both":

/or pay remaining costs of renovation or restoration through public and private funds or both, if funds are provided for renovations or restorations or both/.

Amend sections, totals and title to conform.

Senators McCONNELL and COURSON argued in favor of the adoption of the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 63 (3362R107.HKL), which was adopted:

Amend the bill, as and if amended, Part II, Section 70, page 580, line 36, by inserting after the word

/purposes/ the following: /with the exception of nonprofit organizations serving meals for the elderly that are provided as part of a contract with the state/

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 25 (BBM\10235JM.95), which was adopted:

Amend the bill, as and if amended, Part II, Section 72, page 581, by striking line 30 and inserting:

/and Control Board, a mortgage of these facilities; provided, further, that the issuance and the sale of the bonds, notes, or other obligations provided for in this section are subject to the review of the Joint Bond Review Committee./

Amend sections, totals and title to conform.

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

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 70 (GJK\21903AC.95), which was tabled:

Amend the bill, as and if amended, Part II, by deleting Section 79.

Amend sections, totals and title to conform.

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

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

Senator LEVENTIS continued arguing in favor of the adoption of the amendment.

At 11:57 A.M., Senator HAYES requested a leave of absence beginning at 12:00 Noon until 5:00 P.M.

Senator LEVENTIS continued arguing in favor of the adoption of the amendment.

At 12:07 P.M., Senator MARTIN assumed the Chair.

Senator LEVENTIS continued arguing in favor of the adoption of the amendment.

Senator LEVENTIS moved that the amendment be adopted.

Senator GIESE argued contra to the adoption of the amendment.

At 12:35 P.M., the PRESIDENT assumed the Chair.

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

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

Senator GIESE moved to lay the amendment on the table.

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

Alexander         Bryan            Drummond

Ford              Giese            Glover

Land              Lander           Martin

Matthews          McGill           Mescher

Moore             O'Dell           Patterson

Rankin            Reese            Ryberg

Saleeby           Setzler          Smith, J.V.

Waldrep           Washington       Williams

Cork              Courson          Courtney

Elliott           Gregory          Leventis

McConnell         Passailaigue     Peeler

Richter           Rose             Russell

Short             Smith, G.        Stilwell

Wilson

The amendment was laid on the table.

Senator HAYES asked unanimous consent to be recorded as voting in favor of the adoption of the amendment.

On motion of Senator DRUMMOND, debate was interrupted by recess.

At 12:50 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT.

THE SENATE PROCEEDED TO A CONSIDERATION OF THE GENERAL APPROPRIATION BILL.

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