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, hear words from the Book of Revelation, Chapter 21 (v. 3):
"And I heard a loud voice from
the throne saying,
'Now the dwelling of God
is with men,
And He will live with them.
They will be His people, and
God Himself will be with them
and be their God'."
Let us pray.
To the Throne-Room of the Most High God, we come, Jehovah Lord, before we begin our deliberations with each other.
Our people have elected us and sent us to these halls to serve them, but we believe that they rejoice to know that first we are servants, even here, of our God.
Our Father, we know that the golden age lies not behind us, but it could be ahead of us.
But we know that if we are to share a "golden age", then, mankind's corporate will must be totally surrendered to the divine will... as the Creator intended it in the Garden of Eden.
So, help us to seek the golden age not recreated in the memories of our dreams, but created anew out of the turmoil of our present age, and shaped into the desires of our hearts' yearnings, because we seek each day to be God's people for our age.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 8, 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, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:
At-Large:
Mr. Eugene Collins Spivey, Post Office Box 570, Conway, S.C. 29526
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1995, and to expire July 27, 1998:
6th Congressional District:
Mr. Chester A. Duke, P.O. Box 929, Marion, S.C. 29571
Referred to the Committee on Labor, Commerce and Industry.
February 21, 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, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:
4th Congressional District:
Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607
Referred to the Committee on Judiciary.
February 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, South Carolina Public Service Authority, with term to commence May 20, 1995, and to expire May 19, 2002:
5th Congressional District:
Mr. Larry L. Bigham, 1528 Blanchard Bend, Rock Hill, S.C. 29732 VICE D. Gene Rickenbaker
Referred to the General Committee.
February 24, 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, State Board of Barber Examiners, with term to commence June 30, 1995, and to expire June 30, 1999:
Master:
Mr. Edwin C. Barnes, 391 Park Road, Lexington, S.C. 29072
Referred to the General Committee.
February 28, 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, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
3rd Congressional District:
Ms. Janice C. McCord, Route 5, Box 66, Abbeville, S.C. 29620 VICE Wilmon W. McClellan, Sr. (resigned)
Referred to the Committee on Judiciary.
Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1995, and to expire June 30, 1998:
6th Congressional District:
Ms. Sheila Allen Massey, 521 Lincolnshire North, Columbia, S.C. 29203 VICE James T. McLawhorn, Jr.
Referred to the Committee on Judiciary.
March 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, State Agency of Vocational Rehabilitation, with term to commence March 15, 1994, and to expire March 15, 2001:
2nd Congressional District:
Mr. Phillip J. Canders, 10 Sly Fox Run, Blythewood, S.C. 29016
Referred to the Committee on Education.
TO: MEMBERS, THE SENATE OF SOUTH CAROLINA
FROM: HUGH K. LEATHERMAN, SR., CHAIRMAN
COMMITTEE ON ETHICS
DATE: MARCH 21, 1995
RE: OPINION 1995-2
The Senate Committee on Ethics has received the following question that we feel should be answered through this Opinion:
Can a document entitled The Legal Resource Directory be given to Members of the Senate by the South Carolina Trial Lawyers Association?
In answering this question, the committee feels that it is necessary to remind members of the definitions of "anything of value", and "lobbyist's principal", as defined in The Ethics, Government Accountability, and Campaign Reform Act of 1991:
"SECTION 8-13-100. Definitions.
As used in Articles 1 through 11:(1)
(a) "Anything of value" or "thing of value" means:
(i) a pecuniary item, including money, a bank bill, or a bank note;
(ii) a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;
(iii) a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
(iv) a stock, bond, note, or other investment interest in an entity;
(v) a receipt given for the payment of money or other property;
(vi) a chose-in-action;
(vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
(viii) a loan or forgiveness of indebtedness;
(ix) a work of art, an antique, or a collectible;
(x) an automobile or other means of personal transportation;
(xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;
(xii) an honorarium or compensation for services;
(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or compensatory worth to a person.
(b) "Anything of value" or "thing of value" does not mean:
(i) printed informational or promotional material, not to exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;
(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;
(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college;
(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee; or
(vii) a campaign contribution properly received and reported under the provisions of this chapter.
Section 2-17-10(14) defines a "lobbyist's principal" as follows:
"Lobbyist's principal" means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter.
A person is considered a lobbyist's principal only as to the public office or public body to which he is authorized, pursuant to this chapter, a lobbyist to engage in lobbying."[1]
[1] This definition of a "lobbyist's principal" recently became law on January 12, 1995.Section 2-17-10(1)(b)(iv) in relation to lobbyists and lobbying, states,
The committee gave the above quoted code sections a thorough reading. We also contacted the South Carolina Trial Lawyers Association and at our request they provided for the committee a copy of the document entitled The Legal Resource Directory. They also provided for us copies of two memorandums dated February 6, 1995, from the association's executive director.
In examining the document entitled The Legal Resource Directory(hereinafter referred to as the document), we found that this is a sixteen page booklet listing attorneys from throughout the State who are members of the South Carolina Trial Lawyers Association(hereinafter referred to as the association). These attorneys are separated into twenty-seven various legal categories ranging from adoption to workers' compensation. The document also contains in it a letter from the association's president. The text of the letter is as follows:
"Dear Legislator:
This complimentary publication was compiled, printed and provided to you as a public service by The South Carolina Trial Lawyers Association.
We are aware that each year serving in the Legislature becomes more and more time consuming, and that you are expected to deal with hundreds of bills. Members of our Association have agreed to offer their services, free of charge, to help in objectively answering your questions or assist in drafting legislation.
We encourage you to use this Legal Resource Directory and avail yourself of their assistance.
Sincerely,
/s/Samuel L. Svalina
President"
The two memorandums of February 6, 1995, are printed on the association's stationery and are from the association's executive director. The text is as follows:
"MEMORANDUM
TO: Members of the South Carolina General Assembly
FROM: Linda M. Franklin/s/
RE: Legal Resource Directory
DATE: February 6, 1995
Each year serving in the Legislature becomes more time consuming. You are expected to deal with hundreds of bills, some of which are often quite technical and involved. The South Carolina Trial Lawyers Association would like to help you with this process.
Members of our association have agreed to offer volunteer objective legal opinions on issues ranging from contracts to education to family law. They can answer questions on how a bill might impact the Code or offer assistance in drafting legislation.
We hope you will pick up the enclosed Legal Resource Directory and ask one of our attorneys to help. The attorneys listed have volunteered to participate and offer their help to you free of charge. They have also agreed to offer only legal opinions and not to "lobby" you on any of the issues.
Please let me know if you have any questions. I hope this is helpful to you.
LMF/ls
Enclosure"
"MEMORANDUM
TO: Participants in the Legal Resource
Directory
FROM: Linda M. Franklin/s/
RE: The 1995 Directory
DATE: February 6, 1995
Many thanks for your participation in the Legal Resource Directory. The finished product turned out quite well. Enclosed is your copy.
Please advise your staff that you have volunteered for this important project so they may promptly inform you of calls from legislators. Remember it is important that you do not attempt to lobby or influence a legislator's position when he/she contacts you. Objective opinions will help maintain the integrity of this service.
Once again, thanks for your participation.
LMF/ls
Enclosure"
From examining these memorandums and the document, we can see that the intent of the association is clearly not just to provide a listing of its members to Senators, the purpose of this document is more far reaching than that. The committee must examine the complex issue of an association, that is a lobbyist's principal, providing a legal research service free of charge to members of the Senate of South Carolina.
In researching this question we should first determine if a legal research service is a thing of value as defined in The Ethics, Government Accountability, and Campaign Reform Act of 1991.
As quoted above, Section 8-13-100, says in part:
"(b) 'Anything of value' or 'thing of value' does not mean:
(i) printed informational or promotional material, not to exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;
(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;"
At the outset we can dismiss any claim that the document and the service provided by it's producer falls in the preview of Section 8-13-100(b)(i) or (ii).
We can, however, determine that this document and the service provided by its producer can arguably be sanctioned under Section 8-13-100(b)(iv), "educational material." We can also determine that those individuals, even though they are members of the association and the association is a lobbyist's principal, preforming this service can arguably fall under the definition of "Lobbyist does not include," found in Section 2-17-10(13)(d), which reads as follows:
"(d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation"
Coupling the above quoted code sections along with the facts submitted to the committee by the association, in which they state in their memorandums to their "Participants" and to "Members of the South Carolina General Assembly" the following two quotations:
as to the memorandum to "Participants,"
"Remember that it is important that you do not attempt to lobby or influence a legislator's position when he/she contacts you. Objective opinions will help maintain the integrity of this service."
as to the memorandum to "Members of the South Carolina General Assembly,"
"They have also agreed to offer only legal opinions and not to 'lobby' you on any of the issues."
We, therefore, can determine that this service is not a thing of value as defined in our ethics laws.
We should also add that in keeping with our thought process from previous Opinions of the Committee on Ethics, namely Opinion 1992-4, PART IV, PART V and PART VI(a copy of which is attached to this Opinion for your reference). We must reach the determination that this service is allowable under The Ethics, Government Accountability, and Campaign Reform Act of 1991.
In debating and passing The Ethics, Government Accountability, and Campaign Reform Act of 1991, we feel that the General Assembly did not have as its intent the silencing of Members or of the public in any relationship, whether they are lobbyists, lobbyists' principals, members of organizations that may or may not employ a lobbyist, or citizens. We must assume that in all cases similar to this one, Members will always seek guidance, input, thought and opinion from a variety of sectors. This right cannot be tampered with by any law that the General Assembly passes nor can it be tampered with by any Opinion of this committee. We will not seek to abridge this most basic right.
We conclude that this service, and any similar to it, is allowable and the members may accept this type of service, so long as it is in conjunction with their legislative duties. We also determine that members who accept this service do not have to report the acceptance of this service or any dollar amount associated with the acceptance of this service on their annual Statement of Economic Interest or on their quarterly Campaign Disclosure Form.
We caution members, however, that the offering or accepting of a free legal or professional service for personal or personal business reasons, because a person is a member of the Senate of South Carolina, would be viewed differently.
(On motion of Senator LEATHERMAN, with unanimous consent, ordered printed in the Journal)
Senator BRYAN rose to a Point of Personal Interest.
Senator LEVENTIS introduced Dr. Gene Dickerson of Sumter, S.C., Doctor of the Day.
On motion of Senator MESCHER, at 12:20 P.M., Senator ROSE was granted a leave of absence for the balance of the day.
S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following were introduced:
S. 649 -- Senator Giese: A BILL TO AMEND SECTION 24-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISON INDUSTRIES AND THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY STATE AGENCIES AND POLITICAL SUBDIVISIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PERMIT, RATHER THAN REQUIRE, ALL OFFICES, DEPARTMENTS, INSTITUTIONS, AND AGENCIES OF THIS STATE TO PURCHASE FROM THE STATE DEPARTMENT OF CORRECTIONS ARTICLES OR PRODUCTS MADE OR PRODUCED BY CONVICT LABOR IN THIS STATE OR ANOTHER STATE; AND TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO PRISON INDUSTRIES AND THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO PROVIDE THAT AT LEAST THIRTY DAYS BEFORE THE BEGINNING OF EACH FISCAL YEAR, THE PROPER OFFICIAL OF EACH STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY MAY, RATHER THAN "SHALL", REPORT TO THE DEPARTMENT OF CORRECTIONS ESTIMATES FOR THE FISCAL YEAR OF THE KIND AND AMOUNT OF ARTICLES AND PRODUCTS REASONABLY REQUIRED FOR THE ENSUING YEAR, AND DELETE THE PROVISION WHEREBY THE DEPARTMENT OF CORRECTIONS CAN REQUIRE THE STATE AGENCIES TO MAKE THE REPORT OF THESE ESTIMATES.
Read the first time and referred to the Committee on Corrections and Penology.
S. 650 -- Senators J. Verne Smith, Giese, Land, Leventis, Martin and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW.
Read the first time and referred to the Committee on Finance.
S. 651 -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO PROVIDE THAT A NEW FIVE-YEAR PROPERTY TAX EXEMPTION PERIOD FOR PURPOSES OF THE VARIOUS FIVE-YEAR EXEMPTIONS BEGINS FOLLOWING AN ARMS LENGTH SALE OF ASSETS BETWEEN UNRELATED PARTIES AND TO PROVIDE THOSE TRANSACTIONS THAT ARE CONSIDERED TO BE BETWEEN RELATED PARTIES.
Read the first time and referred to the Committee on Finance.
S. 652 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-55 SO AS TO ESTABLISH A ONE-YEAR PODIATRY LICENSE FOR PARTICIPATION IN A PRECEPTORSHIP OR ONE-YEAR RESIDENCY PROGRAM AND TO PROVIDE FOR THE LICENSING AND PROGRAM REQUIREMENTS; BY ADDING SECTION 40-51-57 SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS OF A PRECEPTOR PROGRAM AND A RESIDENCY PROGRAM; BY ADDING SECTION 40-51-165 SO AS TO PROVIDE HEARING PROCEDURES WHEN A LICENSEE OR APPLICANT FAILS TO APPEAR AT A HEARING; BY ADDING SECTION 40-51-280 SO AS TO PROVIDE FOR CONSULTATION WITH THE BOARD OF MEDICAL EXAMINERS WHEN THERE IS A DISCIPLINARY MATTER INVOLVING A PODIATRIST; BY AMENDING SECTION 40-51-20, RELATING TO DEFINITIONS, SO AS TO DEFINE ADDITIONAL TERMS; BY AMENDING SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO FURTHER PROVIDE FOR THE ELECTION OF NOMINEES TO THE BOARD; BY AMENDING SECTION 40-51-60, RELATING TO FEES, SO AS TO REQUIRE PODIATRISTS TO ALSO MEET OTHER REQUIREMENTS AS PROVIDED FOR IN CHAPTER 51; BY AMENDING SECTION 40-51-65, AS AMENDED, RELATING TO REQUIREMENTS FOR EXAMINATION, SO AS TO REVISE THESE REQUIREMENTS; BY AMENDING SECTION 40-51-80, RELATING TO EXAMINATIONS, SO AS TO PROVIDE FOR THE EXAMINATIONS THAT MAY BE ADMINISTERED; BY AMENDING SECTION 40-51-90, RELATING TO EXAMINATION SCORES, SO AS TO REVISE THE MINIMUM SCORES ACCEPTED FOR LICENSURE; TO AMEND SECTION 40-51-100, RELATING TO EXAMINATION FEES, SO AS TO PROVIDE PAYMENT AND REEXAMINATION PROCEDURES; BY AMENDING SECTION 40-51-110, RELATING TO LICENSE RECIPROCITY, SO AS TO REQUIRE THREE YEARS RATHER THAN ONE YEAR OF PRACTICE IN ANOTHER STATE; BY AMENDING SECTION 40-51-130, RELATING TO DISPLAY AND RECORDING OF LICENSES, SO AS TO DELETE THE REQUIREMENT THAT A LICENSE BE RECORDED WITH THE CLERK OF COURT; BY AMENDING SECTION 40-51-140, RELATING TO LICENSE RENEWAL, SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF RENEWAL; BY AMENDING SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS, ACCESS TO RECORDS AND USE OF RECORDS IN PROCEEDINGS, TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS OR ACCESS TO RECORDS; AND TO PROVIDE FOR THE TERMS OF CURRENT PODIATRY BOARD MEMBERS TO EXPIRE, FOR THE ELECTION OF NEW MEMBERS, AND FOR STAGGERED TERMS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
Senator GIESE asked unanimous consent to recall the Bill from the Committee of Labor, Commerce and Industry and commit it to the Committee on Medical Affairs.
There was no objection.
The Bill was committed to the Medical Affairs Committee.
S. 653 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.
Senator LEATHERMAN spoke on the Bill.
Read the first time and ordered placed on the Calendar without reference.
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Read the first time and referred to the Committee on Education.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Read the first time and referred to the Committee on Finance.
H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.
Read the first time and referred to the Committee on Judiciary.
H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator LAND from the Committee on Transportation polled out H. 3666 with no report:
H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
AYES
Land Leatherman Leventis O'Dell Wilson Smith, G. Patterson McGill Short Elliott Waldrop Rankin
NAYS
TOTAL--0
NOT VOTING
Williams Mescher Passailaigue Rose Richter Ryberg
Objection
Senator GIESE asked unanimous consent to carry the Bill over.
Senator RANKIN objected.
Ordered for consideration tomorrow.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 636 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.
On motion of Senator WASHINGTON, S. 636 was ordered to receive a third reading on Wednesday, March 22, 1995.
At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:30 P.M. the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Associate Justice, S.C. Supreme Court.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Honorable Ralph K. Anderson, Jr., the Honorable E.C. Burnett, III, the Honorable Costa M. Pleicones and the Honorable C. Victor Pyle, Jr. had been screened and found qualified.
On motion of Senator McCONNELL, the name of the Honorable C. Victor Pyle, Jr. was withdrawn from consideration.
Senator McCONNELL asked unanimous consent to make a motion that a letter from Judge Pyle be printed in the Journal.
There was no objection.
March 21, 1995
The Honorable David H. Wilkins
Speaker, House of Representatives
508 Blatt Building
Columbia, S.C. 29211
Dear Mr. Speaker:
To be a viable candidate for the Supreme Court I must have not only the vote of but the active support of the delegations of the Thirteenth Judicial Circuit. Unfortunately, for reasons that have been addressed in the news media, much of this support has left me. It has also eroded support from other districts that I expected to help. Simply put, I do not have sufficient pledges to make a respectable showing.
I take this opportunity to thank you, Representatives Haskins, McMahand, Rice, Herdklotz, Jaskwhich and Anderson and Senators Smith and Martin for your pledges of support.
It is my sincere belief I would have been a constructive member of the Court helping to build a consensus in these difficult and important times.
Please withdraw my name from consideration as a candidate for the Supreme Court of South Carolina.
Sincerely,
C. Victor Pyle, Jr.
Rep. D. Smith nominated the Honorable E.C. Burnett, III.
Rep. Harvin seconded the nomination.
Rep. Harrison nominated the Honorable Costa Pleicones.
Rep. Baxley nominated the Honorable Ralph K. Anderson.
Rep. Hodges seconded the nomination of Judge Anderson and moved that the nominations be closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Anderson:
Drummond Elliott Glover Land Leatherman McGill Mescher Rankin Saleeby Setzler Smith, G.
The following named Senators voted for Mr. Burnett:
Alexander Bryan Courtney Ford Hayes Lander Martin Matthews McConnell Passailaigue Peeler Reese Russell Smith, J.V. Thomas Washington Williams
The following named Senators voted for Mr. Pleicones:
Cork Courson Giese Gregory Holland Jackson Leventis Moore Patterson Richter Ryberg Short Waldrep Wilson
On motion of Rep. Wilkins, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Anderson:
Askins Baxley Brown, G. Cromer Harris, J. Harris, P. Harvin Hines Jennings Kelley Kennedy Koon Limbaugh Martin McElveen McKay McTeer Neilson Seithel Thomas Witherspoon Worley Young, J.
The following named Representatives voted for Mr. Burnett:
Allison Anderson Bailey Beatty Breeland Brown, H. Brown, T. Cain Canty Carnell Cave Chamblee Cooper Dantzler Delleney Easterday Elliott Fair Fleming Fulmer Govan Hallman Harrell Haskins Herdklotz Huff Inabinett Klauber Lanford Littlejohn Lloyd Marchbanks McCraw McMahand Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Rice Sandifer Sharpe Simrill Smith, D. Smith, R. Stoddard Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Wofford Young, A.
The following named Representatives voted for Mr. Pleicones:
Boan Brown, J. Byrd Clyburn Cobb-Hunter Cotty Felder Gamble Harrison Hodges Howard Hutson Keegan Keyserling Kirsh Knotts Law Limehouse Mason McAbee Richardson Riser Robinson Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker Wilkes Williams Wright
RECAPITULATION
Total number of Senators voting 42
Total number of Representatives voting 119
Grand Total 161
Necessary to a choice 81
Of which Mr. Anderson received 34
Of which Mr. Burnett received 78
Of which Mr. Pleicones received 49
No candidate having received a majority vote, the Joint Assembly proceeded to a subsequent ballot.
On motion of Rep. Baxley, with unanimous consent, the name of the Honorable Ralph K. Anderson was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Burnett:
Alexander Bryan Courtney Glover Hayes Lander Martin Matthews McConnell McGill Passailaigue Peeler Rankin Reese Russell Saleeby Smith, J.V. Thomas Washington Williams
The following named Senators voted for Mr. Pleicones:
Cork Courson Drummond Elliott Ford Giese Gregory Holland Jackson Land Leatherman Leventis Mescher Moore Patterson Richter Ryberg Setzler Short Smith, G. Waldrep Wilson
On motion of Rep. Wilkins, with unanimous consent, the members of the House voted by electronic roll call.
The following names Representatives voted for Mr. Burnett:
Allison Anderson Bailey
Baxley Beatty Breeland
Brown, H. Brown, T. Cain
Canty Carnell Cato
Cave Chamblee Clyburn
Cooper Dantzler Delleney
Easterday Elliott Fair
Fleming Fulmer Govan
Hallman Harrell Harvin
Haskins Herdklotz Hines
Huff Hutson Inabinett
Jennings Kelley Klauber
Koon Lanford Law
Limbaugh Limehouse Littlejohn
Lloyd Marchbanks Martin
McCraw McKay McMahand
Meacham Neal Neilson
Phillips Quinn Rhoad
Rice Robinson Sandifer
Seithel Sharpe Simrill
Smith, D. Smith, R. Spearman
Stoddard Thomas Tripp
Trotter Vaughn Waldrop
Walker Wells Whatley
Whipper, L. Whipper, S. White
Wilder Wilkes Wilkins
Witherspoon Wofford Young, A.
Young, J.
The following names Representatives voted for Mr. Pleicones:
Askins Boan Brown, G.
Byrd Cobb-Hunter Cotty
Cromer Felder Gamble
Harris, J. Harrison Hodges
Howard Keegan Kennedy
Keyserling Kirsh Knotts
Mason McAbee McElveen
McTeer Moody-Lawrence Richardson
Riser Rogers Scott
Sheheen Shissias Stille
Stuart Townsend Tucker
Williams Worley Wright
RECAPITULATION
Total number of Senators voting 42
Total number of Representatives voting 118
Grand Total 160
Necessary to a choice 81
Of which Mr. Burnett received 102
Of which Mr. Pleicones received 58
Whereupon, the PRESIDENT announced that the Honorable E.C. Burnett, III was elected Associate Judge, South Carolina Supreme Court, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #4.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable C. Tolbert Goolsby, Jr. had been screened and found qualified to serve.
Senator McCONNELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable C. Tolbert Goolsby, Jr. was elected to the position of Judge, Court of Appeals, Seat #4, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Court of Appeals, Seat #3.
Senator McCONNELL stated that, as it related to Seat #3 on the Court of Appeals, the Judicial Screening Committee had screened for the unexpired portion of the term relating to Seat #3, and, due to the short duration of the unexpired term, the committee screened as well for the full term for Seat #3.
Senator McCONNELL moved that, inasmuch as both the unexpired term and the full term had been screened concurrently, and that the candidates were the same, the Joint Assembly proceed to hold one election for the filling of the unexpired portion of Seat #3 and the full term of Seat #3.
There was no objection.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Hon. Tom J. Ervin, Ben A. Hagood, Jr., Esquire, the Hon. Kaye G. Hearn and the Hon. H. Samuel Stilwell had been screened and found qualified.
On motion of Rep. Hallman, the name of Mr. Ben Hagood was withdrawn from consideration.
Rep. P. Harris nominated the Hon. Tom J. Ervin.
Rep. Wilkins nominated the Honorable H. Samuel Stilwell.
The nomination of Mr. Stilwell was seconded by Rep. Harvin.
Rep. Thomas nominated the Honorable Kaye G. Hearn.
The nomination of Ms. Hearn was seconded.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Ervin:
Alexander Drummond Waldrep
The following named Senators voted for Ms. Hearn:
Elliott Glover Hayes Leventis Rankin Smith, G.
The following named Senators voted for Mr. Stilwell:
Bryan Cork Courtney Ford Giese Gregory Holland Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Reese Russell Ryberg Saleeby Setzler Short Smith, J.V. Thomas Washington Williams Wilson
On motion of Rep. Wilkins, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Ervin:
Byrd Cain Carnell Chamblee Cooper Harris, P. Keyserling Kirsh Klauber Limbaugh Lloyd Marchbanks Mason McAbee McTeer Phillips Rogers Sandifer Seithel Sheheen Stille Townsend Tucker Waldrop Whipper, L. White Williams
The following named Representatives voted for Ms. Hearn:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Canty Cave Clyburn Cotty Cromer Delleney Elliott Felder Gamble Govan Harris, J. Harrison Hines Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Knotts Koon Martin McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Rhoad Scott Shissias Simrill Spearman Stuart Thomas Vaughn Whatley Whipper, S. Wilkes Witherspoon Worley Wright Young, J.
The following named Representatives voted for Mr. Stilwell:
Allison Anderson Brown, H. Cato Cobb-Hunter Dantzler Easterday Fair Fleming Fulmer Harrell Harvin Haskins Herdklotz Huff Hutson Lanford Law Limehouse Littlejohn McMahand Quinn Rice Richardson Riser Robinson Sharpe Smith, D. Smith, R. Stoddard Tripp Trotter Walker Wells Wilder Wilkins Wofford Young, A.
RECAPITULATION
Total number of Senators voting 40
Total number of Representatives voting 120
Grand Total 160
Necessary to a choice 81
Of which Mr. Ervin received 30
Of which Ms. Hearn received 61
Of which Mr. Stilwell received 69
No candidate having received a majority vote, the Joint Assembly proceeded to a subsequent ballot.
On motion of Rep. Townsend, with unanimous consent, the name of the Honorable Tom J. Ervin was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Hearn:
Elliott Ford Glover Hayes Leventis Rankin Smith, G.
The following named Senators voted for Mr. Stilwell:
Alexander Bryan Cork Courtney Drummond Giese Gregory Holland Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Reese Russell Ryberg Saleeby Setzler Short Smith, J.V. Thomas Waldrep Washington Williams Wilson
On motion of Rep. Wilkins, with unanimous consent, the members of the House voted by electronic roll call.
The following names Representatives voted for Ms. Hearn:
Askins Bailey Baxley
Beatty Boan Breeland
Brown, G. Brown, J. Brown, T.
Byrd Canty Carnell
Cave Clyburn Cotty
Cromer Dantzler Delleney
Elliott Gamble Govan
Harris, J. Harris, P. Harrison
Hines Hodges Howard
Inabinett Jennings Keegan
Kelley Kennedy Keyserling
Kinon Kirsh Klauber
Knotts Koon Limbaugh
Marchbanks Martin Mason
McAbee McCraw McElveen
McKay McTeer Meacham
Moody-Lawrence Neal Neilson
Phillips Rhoad Riser
Rogers Scott Sheheen
Shissias Simrill Spearman
Stille Stuart Thomas
Townsend Tucker Vaughn
Whatley Whipper, L. Whipper, S.
White Wilder Wilkes
Witherspoon Wofford Worley
Wright Young, J.
The following named Representatives voted for Mr. Stilwell:
Allison Anderson Brown, H. Cain Cato Chamblee Cobb-Hunter Cooper Easterday Fair Felder Fleming Harvin Haskins Herdklotz Huff Hutson Lanford Law Limehouse Littlejohn Lloyd McMahand Quinn Rice Richardson Robinson Sandifer Sharpe Smith, D. Smith, R. Stoddard Trotter Waldrop Walker Wells Wilkins Williams Young, A.
RECAPITULATION
Total number of Senators voting 40
Total number of Representatives voting 116
Grand Total 156
Necessary to a choice 79
Of which Ms. Hearn received 84
Of which Mr. Stilwell received 72
Whereupon, the PRESIDENT announced that the Honorable Kaye G. Hearn was elected Judge, Court of Appeals, Seat #3, for both the unexpired portion and for the full term as prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Fifth Judicial Circuit.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Honorable J. Ernest Kinard, Jr. had been screened and found qualified.
Senator McCONNELL nominated Mr. Kinard, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable J. Ernest Kinard was elected Judge, Fifth Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Seventh Judicial Circuit.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Honorable J. Derham Cole had been screened and found qualified.
Senator McCONNELL nominated Mr. Cole, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable J. Derham Cole was elected Judge, Seventh Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Ninth Judicial Circuit.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Amie Lois Clifford, Dale L. DuTremble and the Hon. Daniel E. Martin, Sr. had been screened and found qualified.
On motion of Senator McCONNELL, the name of Ms. Amie Lois Clifford was withdrawn from consideration.
Senator PASSAILAIGUE nominated Mr. Martin.
The nomination of Mr. Martin was seconded by Reps. J. Brown, Inabinett and Harvin.
Rep. Harrell nominated Mr. DuTremble.
The nomination of Mr. DuTremble was seconded by Reps. Hallman, Fulmer and Seithel.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. DuTremble:
Alexander Cork Courson Drummond Giese Gregory Hayes Martin McConnell Mescher Peeler Russell Ryberg Setzler Thomas Williams Wilson
The following named Senators voted for Mr. Martin:
Bryan Courtney Elliott Ford Glover Jackson Land Lander Leatherman Leventis Matthews McGill Moore Passailaigue Patterson Rankin Reese Saleeby Short Smith, G. Smith, J.V. Waldrep Washington
On motion of Rep. Wilkins, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. DuTremble:
Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Shissias Simrill Stuart Tripp Trotter Tucker Vaughn Walker Whatley Wilkins Wofford Young, A. Young, J.
The following named Representatives voted for Mr. Martin:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Delleney Elliott Fair Felder Govan Harris, P. Hines Howard Huff Inabinett Jennings Kelley Kennedy Kinon Lloyd Martin McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Scott Sharpe Sheheen Smith, R. Spearman Stille Stoddard Townsend Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon Worley
RECAPITULATION
Total number of Senators voting 40
Total number of Representatives voting 106
Grand Total 146
Necessary to a choice 74
Of which Mr. DuTremble received 66
Of which Mr. Martin received 80
Whereupon, the PRESIDENT announced that the Honorable Daniel E. Martin, Sr. was elected Judge, Ninth Judicial Circuit, for the term prescribed by law.
On motion of Senator BRYAN, with unanimous consent, Senator HOLLAND desired to be recorded as voting in favor of Judge Martin's nomination and election.
Rep. Beatty desired to be recorded as voting in favor of Judge Martin's nomination and election.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Tenth Judicial Circuit.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Hon. Tom J. Ervin and the Hon. H. Dean Hall had been screened and found qualified.
On motion of Rep. Tucker, the name of the Hon. H. Dean Hall was withdrawn from consideration.
Senator McCONNELL nominated Judge Ervin, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Tom J. Ervin was elected Judge, Tenth Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Twelfth Judicial Circuit.
Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. James E. Brogdon, Jr. and the Honorable B. Hicks Harwell had been screened and found qualified.
On motion of Senator McCONNELL, the name of Mr. Brogdon was withdrawn from consideration.
Senator McCONNELL placed the name of Mr. Harwell in nomination and moved that the nominations be closed.
Senator McCONNELL asked unanimous consent to make a motion that the vote be taken by acclamation, resulting in the election of the nominee.
Senator COURSON objected.
Whereupon, the vote was taken and the PRESIDENT announced that the Honorable B. Hicks Harwell was elected Judge, Twelfth Judicial Circuit, for the term prescribed by law.
Senators COURSON, THOMAS and GIESE desired to be recorded as voting against Mr. Harwell's nomination and election.
The PRESIDENT announced that nominations were in order for the position of Administrative Law Judge, Seat #3.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Hon. Alison R. Lee had been screened and found qualified to serve.
Senator McCONNELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Alison R. Lee was elected to the position of Administrative Law Judge, Seat #3, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the position of Administrative Law Judge, Seat #5.
Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that Mr. Ray N. Stevens and Ms. V. Lynn Wiggins had been screened and found qualified to serve.
Senator WILSON nominated Ms. Wiggins.
Rep. Wright nominated Mr. Ray N. Stevens.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Stevens:
Alexander Bryan Cork Courson Drummond Giese Glover Gregory Hayes Jackson Land Lander Leventis Martin Matthews McConnell McGill Mescher Moore Patterson Richter Russell Saleeby Short Smith, G. Thomas Waldrep Washington
The following named Senators voted for Ms. Wiggins:
Courtney Peeler Reese Wilson
The following named Senator abstained from voting:
Passailaigue
On motion of Rep. Wilkins, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Stevens:
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Canty Cato Clyburn Cobb-Hunter Cooper Easterday Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Herdklotz Hines Howard Inabinett Jennings Keegan Keyserling Kirsh Lanford Limbaugh Limehouse Littlejohn Lloyd Mason McCraw McKay McMahand McTeer Meacham Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Scott Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
The following named Representatives voted for Ms. Wiggins:
Brown, G. Carnell Cave Chamblee Cotty Cromer Dantzler Elliott Harvin Hutson Kelley Knotts Koon Law McAbee Moody-Lawrence Sandifer Shissias Stille
RECAPITULATION
Total number of Senators voting 32
Total number of Representatives voting 104
Grand Total 136
Necessary to a choice 69
Of which Mr. Stevens received 113
Of which Ms. Wiggins received 23
Whereupon, the PRESIDENT announced that the Honorable Ray N. Stevens was elected to the position of Administrative Law Judge, Seat #5, for the term prescribed by law.
Rep. Cooper, on behalf of the Legislative Audit Council Nominating Committee, nominated Mr. Philip F. Laughridge of Columbia, Mr. Richard S. Beltram of Spartanburg, Mr. Julian B. Wright of Bennettsville, Mr. Harry C. Wilson, Jr. of Sumter and Mr. Bennette Cornwall of Greenville.
Senator BRYAN addressed remarks to the Joint Assembly.
Senator LEVENTIS moved that the election be carried over.
Rep. Cooper moved to table the motion to carry over.
Senator BRYAN moved that the Joint Assembly stand adjourned.
The Joint Assembly refused to adjourn.
Senator MOORE was recognized and pointed out that the result of the voice vote was obvious to the contrary and asked unanimous consent to make a motion for a division vote.
There was no objection.
The PRESIDENT called for a division vote of the Joint Assembly.
Rep. Quinn moved for a roll call vote.
Senator MOORE raised a Point of Order that the motion for a roll call vote was out of order inasmuch as the division had been ordered and the Clerks were in the process of taking the vote.
The PRESIDENT sustained the Point of Order.
Rep. Quinn raised a Point of Order that the motion requesting a division was out of order inasmuch as the PRESIDENT had announced the results of the voice vote on adjournment.
The PRESIDENT stated that the division vote was a unanimous consent request and that there was no objection.
Rep. HUFF asked unanimous consent to make a motion for a roll call vote.
There was an objection.
Rep. Lanford asked unanimous consent for a division vote of the House to be taken, voting by electronic roll call, and for the roll of the Senate to be called.
There was no objection.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Elliott Ford Giese Hayes Lander Leventis Matthews Mescher Moore Patterson Rankin Reese Saleeby Short Smith, G. Washington
NAYS
Cork Courson Courtney Gregory Martin McConnell Peeler Thomas Wilson
The total votes cast by the members of the House totaled 50 to 47 in favor of the motion to adjourn.
The Joint Assembly stood adjourned.
Whereupon, the Senate returned to its Chamber, and was called to order by its PRESIDENT.
At 2:53 P.M., the Senate reconvened.
MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. E. Winston Pengelly of Irmo, S.C.
At 2:55 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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