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H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.

S. 115 -- Senators Rose and Leventis: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS CLEAR SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAIN A PROVISION REQUIRING BOOKS OR INSTRUCTIONAL MATERIALS TO BE FREE OF CERTAIN SUBSTANTIVE ERRORS AND THAT THE CONTRACT MUST ALLOW THE STATE BOARD TO REQUIRE REASONABLE REMEDIES IF AN ERROR IS FOUND; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF TEXTBOOK EVALUATION AND RATING COMMITTEES AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.

S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Medical Affairs Committee proposed the following amendment (DKA\3685AC.95), which was adopted:

Amend the resolution, as and if amended, by deleting on page 1, line 24 /health care/ and /special/.

Amend further by inserting after /industry./ on page 1, line 30, /The department shall conduct this study using existing personnel to the extent practicable./

Amend title to conform.

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

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

S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

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

Senator PATTERSON spoke on the Joint Resolution.

Having received a favorable report from the Marion County Delegation, the following appointment was confirmed in open session:

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

The Honorable Lunette Cox, Post Office Box 35, Gresham, S.C. 29546

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

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

At-Large:

Mrs. Patricia D. Miller, 306 South 14th Avenue, Dillon, S.C. 29536 VICE Eleanor Bethea

Reappointments, Dillon County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

Mr. Robert Abson, Jr., 500 Lee Street, Dillon, S.C. 29536

Mrs. Linda Sue Edwards, Route 2, Box 620, Dillon, S.C. 29536

Mrs. Jean L. Thompson, Route 1, Box 542, Lake View, S.C. 29563

Reappointment, Dillon County Board of Voter Registration, with term to commence December 15, 1994, and to expire March 15, 1996:

Mrs. Emily H. Moses, Post Office Box 24, Lake View, S.C. 29563

At 12:00 Noon, on motion of Senator DRUMMOND, 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, St. Paul set us all on the right track when he said to the Corinthians (I Cor. 10:31):

"So, whether you eat or drink, or

whatever you do,

Do everything for the glory of God."
Let us pray.

Heavenly Father, You know our minds and hearts, and can read our thoughts and wills, we confess that... too often... we use our religion like a bus: we ride it when it is going our way.

Help us to believe that faith in God is not a puzzle to be solved, but a way of life to be adopted.

Amidst the cares of these days, we seek the strength and support of which King David sang when he was delivered from Saul:

"I love Thee, O Lord, my strength.

The Lord is my rock, and my fortress,

and my deliverer."

Help us daily to offer the sacrifices of grateful hearts. Amen.

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

February 9, 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

Initial Appointment, Chester County Magistrate, with term to commence April 30, 1991, and to expire April 30, 1995:

Ms. Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706
VICE Barbara Griffin (retired)

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

Ms. Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706

February 14, 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

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

The Honorable Samuel A. Daily, P.O. Box 957, Holly Hill, S.C. 29059

Senator HAYES introduced Dr. Terry L. Dodge of Rock Hill, S.C., Doctor of the Day.

On motion of Senator MOORE, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, and to be counted in any quorum calls.

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

The following were introduced:

S. 528 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 529 -- Senator Matthews: A SENATE RESOLUTION TO WELCOME TO SOUTH CAROLINA THE GERMAN UNITED METHODIST SINGERS WHO WILL BE CONDUCTING THEIR SECOND UNITED STATES TOUR FEBRUARY 10-24, 1995, TO CELEBRATE AFRICA UNIVERSITY AND TO WISH THEM WELL DURING THEIR STAY IN THE UNITED STATES.

The Senate Resolution was adopted.

S. 530 -- Senator Bryan: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-85 SO AS TO PROVIDE FOR A ZERO BASE BUDGET PROCESS.

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

S. 531 -- Senators J. Verne Smith, Drummond, Leatherman, O'Dell, McConnell, Courson, Reese, Elliott, Lander, Martin, Mescher, Ryberg and Alexander: A BILL TO AMEND THE CODE OF LAWS OF

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

On motion of Senator MOORE, with unanimous consent, the Bill (S. 531) was recalled from the Committee on Labor, Commerce and Industry and committed to the Committee on Judiciary.

S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

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

S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION

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

S. 534 -- Finance Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

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

S. 535 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURT, SO AS TO REVISE THE AREAS FOR AIKEN COUNTY.

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

S. 536 -- Senator Richter: A BILL TO AMEND SECTION 16-1-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT UNDER SECTION 16-1-10(D), FOR WHICH THE MAXIMUM

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

S. 537 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 917 OF 1964, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO SELL SURPLUS SCHOOL PROPERTY.

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

S. 538 -- Senators McConnell, Stilwell and Martin: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE AND THAT THE CHILD MAY NOT BE CONFINED WITH A CHILD THE DEPARTMENT HAS DETERMINED TO BE VIOLENT.

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

S. 539 -- Senators J. Verne Smith, 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, Ryberg, Saleeby, Setzler, Short, Greg Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF SOUTH CAROLINA'S FIRST WOMAN SENATOR, MARY GORDON ELLIS, TO BE PLACED IN THE SENATE CHAMBER AS A TRIBUTE TO THIS PIONEER LEGISLATOR.

The Senate Resolution was adopted.

H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber,

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