Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 580, Feb. 16 | Printed Page 600, Feb. 21 |

Printed Page 590 . . . . . Thursday, February 16, 1995

S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.

H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDMENT PROPOSED, OBJECTION

CARRIED OVER

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED


Printed Page 591 . . . . . Thursday, February 16, 1995

BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

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

Senator DRUMMOND proposed the following amendment (GJK\21342SD.95):

Amend the bill, as and if amended, in Section 59-103-10, as contained in SECTION 1, on line 40, page 1, by striking /an advocate/ and inserting /an advisor to the Governor and the General Assembly/

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND explained the amendment.

On motion of Senator DRUMMOND, with unanimous consent, the amendment was carried over to third reading of the Bill.

Senator THOMAS objected to further consideration of the Bill.

CARRIED OVER

S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.

Senator COURTNEY explained the Bill.

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

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

CARRIED OVER

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


Printed Page 592 . . . . . Thursday, February 16, 1995

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.

On motion of Senator WILLIAMS, with unanimous consent, the Joint Resolution was carried over with Senator PATTERSON retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED


Printed Page 593 . . . . . Thursday, February 16, 1995

BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Senator SETZLER moved that the Bill be made a Special Order.

The Bill was made a Special Order.

MOTION FAILED

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 RICHTER moved that the Joint Resolution be made a Special Order.

A roll call vote was requested.

Senator RICHTER indicated that he had, in error, made a motion to make S. 42 a Special Order when he wished to make S. 41 a Special Order and asked that his motion be to make S. 41 a Special Order.

Parliamentary Inquiry

Senator PATTERSON made a Parliamentary Inquiry as to whether or not Senator RICHTER can withdraw a motion after a vote has been requested.

Parliamentary Inquiry

Senator WILSON made a Parliamentary Inquiry as to the substance of S. 41.


Printed Page 594 . . . . . Thursday, February 16, 1995

Point of Order

Senator PATTERSON raised a Point of Order that the motion to set S. 41 for Special Order came too late inasmuch as a roll call vote had been ordered.

The PRESIDENT stated that a roll call vote had been requested but not ordered.

Point of Order

Senator LEATHERMAN raised a Point of Order that a motion cannot be withdrawn without unanimous consent of the Senate.

The PRESIDENT sustained the Point of Order.

Objection

Senator RICHTER asked unanimous consent to make a motion that the motion to make S. 42 a Special Order be withdrawn.

Senator PATTERSON objected.

The question then was the motion to make S. 42 a Special Order.

Parliamentary Inquiry

Senator MARTIN made a Parliamentary Inquiry as to whether or not a motion would require unanimous consent to be withdrawn by the mover if no intervening business had taken place.

The PRESIDENT stated that once a motion is made and has been accepted, the motion is in the possession of the Senate and requires unanimous consent to be withdrawn.

Objection

Senator BRYAN asked unanimous consent to make a motion that the motion to make S. 42 a Special Order be withdrawn.

Senator LEATHERMAN objected.

A roll call vote was ordered.

Point of Order

Senator MARTIN raised a Point of Order under Rule 11 that the motion would not require unanimous consent to be withdrawn by the mover if no intervening business had taken place.


Printed Page 595 . . . . . Thursday, February 16, 1995

Senator THOMAS raised a Point of Order that the Point of Order raised by Senator MARTIN came too late inasmuch as a roll call vote had been ordered.

The PRESIDENT sustained the Point of Order raised by Senator THOMAS.

The question then was the motion to make S. 42 a Special Order.

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

Ayes 8; Nays 32

AYES

Ford              Glover           Jackson
Matthews McGill Patterson
Reese Washington

TOTAL--8

NAYS

Alexander         Bryan            Cork
Courson Courtney Drummond
Elliott Giese Gregory
Hayes Holland Land
Lander Leatherman Martin
Mescher O'Dell Passailaigue
Peeler Rankin Richter
Rose Ryberg Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Williams Wilson

TOTAL--32

Not having received the necessary vote, the motion to make the Bill a Special Order failed.

Statement by Senators COURSON, SETZLER and WILSON

We voted "no" because S. 42 is in a stronger position on the Senate Calendar in the status of Adjourned Debate.


Printed Page 596 . . . . . Thursday, February 16, 1995

MOTION ADOPTED

Senator HOLLAND moved that the Senate dispense with the balance of the Motion Period.

A roll call vote was requested.

Senator WILLIAMS moved that the Senate stand adjourned.

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

Ayes 23; Nays 17

AYES

Bryan             Drummond         Elliott
Ford Glover Holland
Jackson Land Lander
Leatherman Matthews McGill
O'Dell Passailaigue Patterson
Rankin Reese Setzler
Short Smith, G. Smith, J.V.
Washington Williams

TOTAL--23

NAYS

Alexander         Cork             Courson
Courtney Giese Gregory
Hayes Martin Mescher
Peeler Richter Rose
Ryberg Stilwell Thomas
Waldrep Wilson

TOTAL--17

The motion to adjourn was adopted.


Printed Page 597 . . . . . Thursday, February 16, 1995

LOCAL APPOINTMENTS

Confirmations

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

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

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

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

Time Fixed

By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that when the Senate stands adjourned on Thursdays in statewide session, that it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.

ADJOURNMENT

At 12:00 Noon, on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *


Printed Page 598 . . . . . Friday, February 17, 1995

Friday, February 17, 1995

(Local Session)

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 ACTING PRESIDENT, Senator SETZLER.

ADJOURNMENT

At 11:05 A.M., on motion of Senator WILSON, the Senate adjourned to meet next Tuesday, February 21, 1995, at 12:00 Noon.

* * *


Printed Page 599 . . . . . Tuesday, February 21, 1995

Tuesday, February 21, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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, in honor of President's Day, and on or about the Birthday of President George Washington, each year, because of its basic relevance, and timeliness in every period of our national life, we have prayed his Prayer for the United States of America.
Let us pray... Washington's prayer:

"Almighty God: we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And, finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of Whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ, our Lord. Amen."

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


| Printed Page 580, Feb. 16 | Printed Page 600, Feb. 21 |

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