South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

WEDNESDAY, FEBRUARY 14, 1996

Wednesday, February 14, 1996
(Statewide 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 PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, for Valentine's Day, hear the words of St. Paul to the Corinthians (II Cor. 13:1)(NRSV):

"But strive for the greater gifts. And

I will show you a still more excellent

way."

"If I speak in the tongues of mortals

and of angels, but do not have love,

I am a noisy gong or a clanging cymbal

...And now faith, hope, and love

abide, these three; and the greatest of

these is love."
Let us pray.

Heavenly Father, in all the sorry paths that the human race chooses for survival, help us to choose the "excellent way."

Amen.

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

COMMUNICATION
SENATE JUDICIARY COMMITTEE

February 13, 1996
Elizabeth Johnson
Acting Chief, Voting Section
Civil Rights Division
Department of Justice
320 First Street N.W., Room 818A
Washington, D.C. 20001

Dear Ms. Johnson:

Due to the death of Senator Marshall B. Williams who represented District Forty and pursuant to the provisions of an order of the three-judge district court in the case of Statewide Reapportionment Advisory Committee v. Campbell filed August 24, 1994, Senate District Forty is submitted for preclearance under Section 5 of the Voting Rights Act because a special election must be held to fill the vacancy.

Pursuant to 28 C.F.R. Section 51.27, the following information is submitted:

(a)   A copy of the court order embodying the change affecting voting. See Exhibit 1 (court order filed August 24, 1994) and Exhibit 2 (Letters from Lieutenant Governor Bob Peeler to Mr. James F. Hendrix, Executive Director of the State Election Commission; Mr. Earle Whalen, Director of Voter Registration and Elections, Orangeburg County; and Ms. Virginia Mills, Director of Voter Registration and Elections, Barnwell County; and Writ of Election calling for special election to fill Senate District Forty).

(b)   A copy of the court order embodying the voting practice that is proposed to be changed. See Exhibit 3 (court order filed May 1, 1992, establishing court-drawn plan).

(c)   If the change affecting voting is either not readily apparent on the face of the documents provided above, or is not embodied in a document, a clear statement of the change explaining the difference between the submitted change and the prior law or practice, or explanatory materials adequate to disclose to the Attorney General the difference between the prior law and the proposed situation with respect to voting. Senate District Forty is part of a plan drawn by the three-judge panel (see Exhibit 3) which was vacated by the Supreme Court, 113 S.Ct. 2954 (1993). The elections under the court-drawn plan were not invalidated by the Supreme Court order, and the senators currently serving represent those districts. When a vacancy occurred in Senate District One, the three-judge panel held in its order of August 24, 1994, (see Exhibit 1) that the use of the 1992 districts for a special election required preclearance. Preclearance has been sought and granted for Senate Districts One, Seven, and Six. This submission is made in compliance with the August 24, 1994 court order.

(d)   The name, title, address, and telephone number of the person making the submission.

The Honorable Donald H. Holland

Chairman, Senate Judiciary Committee and Senate Subcommittee on Reapportionment and Redistricting

ATTN: MARK PACKMAN

Dickstein, Shapiro, and Morin

2101 L. Street, N.W.

Washington, D.C. 20037-1526

Telephone: (202) 775-4723

Fax: (202) 833-4156

(e)   The name of the submitting authority and the name of the jurisdiction responsible for the change, if different. On behalf of the Honorable John W. Drummond, President Pro Tempore of the Senate and as Chairman of the Senate Subcommittee on Reapportionment and Redistricting, I make this submission on the Senate's behalf in compliance with the three-judge court order filed August 24, 1994. See Exhibit 1.

(f)   If the submission is not from a state or county, the name of the state and county in which the submitting authority is located. The State of South Carolina.

(g)   Identification of the person or body responsible for making the change and the mode of decision. See Exhibit 1.

(h)   A statement identifying the statutory or other authority under which the jurisdiction undertakes the change and a description of the procedures the jurisdiction was required to follow in deciding to undertake the change. On the three previous occasions when vacancies have occurred in the existing Senate Districts, preclearance has been sought for those districts pursuant to the court's order of August 24, 1994. See Exhibit 1 and explanation in item (c) above. This submission also is made in compliance with that order.

(i)   The date of adoption of the change affecting voting. See Exhibit 1.

(j)   The date on which the change is to take effect. The Writ of Election ordered the Orangeburg County Election Commission, the Barnwell County Election Commission, and the State Election Commission to hold a special election to fill the vacancy in Senate District Forty with a schedule set as provided by S.C. Code Ann. Section 7-13-190 (Supp. 1995). See Exhibit 2. In his letter to Mr. James F. Hendrix, Lieutenant Governor Bob Peeler specified that the following schedule would be used for the special election:

Filing opens           12:00 noon, Friday, January 12, 1996

Filing closes           12:00 noon, Monday, January 22, 1996

Primary Election Date       Tuesday, March 12, 1996

Primary Run-Off Election Date     Tuesday, March 26, 1996

Special Election Date       Tuesday, April 30, 1996

(k)   A statement that the change has not yet been enforced or administered, or an explanation of why such statement cannot be made. I have advised Mr. James F. Hendrix, the Executive Director of the State Election Commission, that under the provisions of the August 24, 1994 court order the election should not take place until Senate District Forty receives preclearance by the Department of Justice. See Exhibit 4 (copy of letter to Mr. Hendrix).

(l)   Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change. Senate District Forty.

(m)   A statement of the reasons for the change. See Exhibit 1.

(n)   A statement of the anticipated effect of the change on members of racial or language minority groups. None.

(o)   A statement identifying any past or pending litigation concerning the change or related voting practices. Currently, the South Carolina Senate is subject to a three-judge panel's jurisdiction in Smith v. Beasley, litigation with which the Department of Justice should be familiar and which is similar to that in the Shaw v. Reno, Hays v. Louisiana, and Miller v. Johnson cases. Senate District Forty is not one of the districts being contested in the Smith case.

(p)   A statement that the prior practice has been precleared (with the date) or is not subject to preclearance and a statement that the procedure for the adoption of the change has been precleared (with the date) or is not subject to the preclearance requirement, or an explanation of why such statements cannot be made. The prior practice is the election under the court-drawn plan of 1992 which is not subject to preclearance procedures.

(q)   For redistrictings, items listed in 28 C.F.R. Section 51.28(a)(1) and (b)(1) must be included. See references below submitted pursuant to 28 C.F.R. Section 51.28.

(r)   Other information that the Attorney General determines is required for an evaluation of the purpose or effect of the change. Because this item indicates that the items listed in 28 C.F.R. Section 51.28 would most likely be needed for consideration in the submissions of redistrictings and that in the interest of time such information should be furnished with the initial submission, please see the information listed below.

Pursuant to 28 C.F.R. Section 51.28, the following supplemental information is provided in connection with this submission:

(a)   Demographic information. See Exhibit 5.

(b)   Maps. See Exhibit 6.

(c)   Annexations. Not applicable.

(d)   Election returns: Where a change may affect the electoral influence of a racial or minority language group, returns of primary and general elections conducted by or in the jurisdiction may be included in the submission:

(1)   Name of each candidate.

(2)   Race or language group of each candidate, if known.

(3)   Position sought by each candidate.

(4)   Number of votes received by each candidate, by voting precinct.

(5)   Outcome of each contest.

(6)   Number of registered voters, by race and language group, for each voting precinct for which election returns are furnished. Information with respect to elections held during the last ten years will normally be sufficient.

(7)   Election related data containing any of the information described above shall conform to the requirements set out for disks and tapes. Election related data that cannot be accurately presented in terms of census blocks may be identified by county and by precinct.

Not applicable.

(e)   Language usage. Not applicable.

(f)   Publicity and participation: For submissions involving controversial or potentially controversial changes, evidence of public notice, of the opportunity for the public to be heard, of the opportunity for interested parties to participate in the decision to adopt the proposed change, and an account of the extent to which such participation, especially by minority group members, in fact took place. Examples of materials demonstrating public notice or participation include:

(1)   Copies of newspaper articles discussing the proposed change. Not applicable.

(2)   Copies of public notices that describe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to identified individuals or groups). Not applicable.

(3)   Minutes or accounts of public hearings concerning the proposed change. Not applicable.

(4)   Statements, speeches, and other public communications concerning the proposed change. Not applicable.

(5)   Copies of comments from the general public. Not applicable.

(6)   Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose. Not applicable.

(g)   Availability of the submission:

(1)   Copies of public notices that announce the submission to the Attorney General, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite comments for the consideration of the Attorney General and statements regarding where such public notices appeared. See Exhibit 7.

(2)   Information demonstrating that the submitting authority, where a submission contains magnetic media, made the disks or tapes available to be copied, or, if so requested, made a hard copy of the data contained on the disk or tape available to be copied. See Exhibit 7.

(h)   Minority group contacts: For submissions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process. See Exhibit 8.

The Senate believes this to be a valid and complete submission, and implores the Justice Department to receive it and review it on that basis and respectfully requests that it be given expedited consideration.

Respectfully submitted,
Donald H. Holland

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1907
Promulgated by Department of Labor, Licensing, and Regulation - State Athletic Commission
Combative Sports
Received by Lt. Governor February 1, 1996
Referred to Senate General Committee
120 day review expiration date May 31, 1996

Doctor of the Day

Senator GIESE introduced Dr. Pierre G. Jaffe of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PEELER, at 11:00 A.M., Senator LEATHERMAN was granted a leave of absence for today.

Message from the House

Columbia, S.C., February 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

RECALLED AND ADOPTED

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Adopted

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

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

RECALLED, READ THE SECOND TIME

S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Oconee County Delegation.

There was no objection.

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

The Resolution was read the second time and ordered placed on the third reading Calendar.

S. 1119--Ordered to a Third Reading

On motion of Senator ALEXANDER, S. 1119 was ordered to receive a third reading on Thursday, February 15, 1996.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1135 -- Senator Reese: A BILL TO AMEND SECTION 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENT OF TRANSPORTATION PROVIDED TO CHILDREN ATTENDING THE PUBLIC SCHOOLS, SO AS TO REDUCE FROM ONE AND ONE-HALF MILES TO ONE-HALF MILE THE DISTANCE FROM A CHILD'S RESIDENCE BEYOND WHICH THE STATE ASSUMES THE OBLIGATION OF TRANSPORTING THE CHILD TO SCHOOL.

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

S. 1136 -- Senators Washington, Reese, Ford, Short, Matthews, Patterson, McGill, Glover, Jackson, Moore and Holland: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PHASE IN OVER THREE FISCAL YEARS AN EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO PROVIDE FOR THE APPLICATION OF THE LOCAL SALES AND USE TAX ON SALES AND CONSUMPTION OF THESE FOOD ITEMS THROUGH JUNE 30, 1999, AFTER WHICH THESE ITEMS ARE WHOLLY EXEMPT FROM THE STATE AND LOCAL SALES AND USE TAX.

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

S. 1137 -- Senator Ford: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER FIFTY-EIGHT, SO AS TO CREATE A JOINT LEGISLATIVE STUDY COMMITTEE ON CIVIL RIGHTS.

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

S. 1138 -- Senator Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 SO AS TO ENACT THE CRIMINALLY INSANE DEFENDANT ACT TO PROVIDE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS, AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS.

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

S. 1139 -- Senator Peeler: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT NO ORDER MAY PROHIBIT A CUSTODIAL PARENT FROM MOVING WITHIN OR OUTSIDE OF THE STATE.

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

S. 1140 -- Senators Moore, Ryberg, Setzler, Lander, Jackson, Matthews and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

Read the first time and referred to the Committee on Medical Affairs.

S. 1141 -- Senator Leatherman: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE FINGERPRINT REVIEWS OF NURSING ASSISTANTS IN HEALTH CARE FACILITIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES, AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Medical Affairs.

S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO ADD A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO THE DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO PROVIDE THAT ONE DOLLAR OF THIS YEARLY PREMIUM IS DIRECTED TO BE PAID TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE ESTABLISHMENT OF THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES FOR AUTOMOBILE INSURANCE AND CERTAIN OTHER TYPES OF INSURANCE, SO AS TO PROVIDE THAT THE REQUIREMENT OF THIS SECTION IS ABATED UNTIL JANUARY 1, 1998; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE SHALL PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY UNDER SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF CHAPTER 77, TITLE 38, ON AUTOMOBILE INSURANCE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE A DEFINITION FOR "CANCELLATION" OR "TO CANCEL" AND FOR "INSTITUTIONAL SOURCE", "INSURER-SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE" OR "POLICY"; TO AMEND SECTION 38-77-110, AS AMENDED, FROM JANUARY 1, 1997, TO SEPTEMBER 30, 1997, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST INSURE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AUTOMOBILE INSURERS OTHER THAN INSURERS DESIGNATED AND APPROVED AS SPECIALIZED INSURERS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE MAY NOT REFUSE TO RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES OR SMALL COMMERCIAL RISKS EXCEPT FOR REASONS SPECIFIED IN SECTION 38-77-123, AND TO PROVIDE THAT, AFTER SEPTEMBER 30, 1997, SECTION 38-77-110 IS REPEALED; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENT THAT AN INSURANCE APPLICANT OR POLICYHOLDER MUST HAVE A DRIVER'S LICENSE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO CERTAIN CODE SECTIONS AND PROVIDE THAT, AT THE TIME OF APPLICATION, AN INSURER OR AN AGENT SHALL RETAIN FOR THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND SHALL FURNISH THIS INFORMATION UPON THE REQUEST OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE NOTICE SHALL PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(b), THAT THOSE NOTIFICATION REQUIREMENTS DO NOT APPLY WHEN THE POLICY IS BEING CANCELED OR NOT RENEWED FOR THE REASON SET FORTH IN SECTION 38-77-123(b), AND THAT THE NOTICE SHALL INFORM THE INSURED OF HIS RIGHT TO REQUEST IN WRITING WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE REVIEW THE ACTION OF THE INSURER; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-121, 38-77-122, 38-77-123, 38-77-124, 38-77-141, 38-77-142, 38-77-143, 38-77-151, 38-77-154, AND 38-77-155 SO AS TO ENACT PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE DEFINED IN SECTION 38-77-30 THAT REQUIRES THE INSURED TO DISCLOSE INFORMATION AS TO ANY PREVIOUS CANCELLATION OR REFUSAL TO RENEW SHALL ALSO PERMIT THE INSURED TO OFFER OR PROVIDE A FULL EXPLANATION OF THE REASON FOR THE CANCELLATION OR REFUSAL TO RENEW, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 SOLELY BECAUSE OF CERTAIN SPECIFIED FACTORS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE, OR FAIL TO RENEW, A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE VEHICLE IS LICENSED, AND THAT MONIES DISTRIBUTED ANNUALLY FROM THE UNINSURED MOTORIST FUND MUST BE DISTRIBUTED IN THE PROPORTION THAT EACH INSURER'S PREMIUM INCOME FOR THE BASIC UNINSURED MOTORISTS LIMITS COVERAGE BEARS TO THE TOTAL PREMIUM INCOME FOR BASIC UNINSURED MOTORISTS LIMITS COVERAGE WRITTEN IN THIS STATE DURING THE PRECEDING YEAR; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO INCREASE THE MINIMUM PROPERTY DAMAGE COVERAGE; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND THE DEFENSE OF AN ACTION BY AN INSURER, SO AS TO INCREASE THE MINIMUM AMOUNT OF UNINSURED MOTORIST COVERAGE, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE "FIVE HUNDRED DOLLAR OPTION"; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT ANY AUTOMOBILE INSURER MAY MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, AND TO AMEND THE CODE SECTION FOR THE PERIOD FROM JANUARY 1, 1997, TO SEPTEMBER 30, 1997, BY PROVIDING AN EXCEPTION WITH RESPECT TO THE REASONS SPECIFIED IN SECTION 38-77-123; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION THAT A POLICY OF AUTOMOBILE INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE SOUTH CAROLINA REINSURANCE FACILITY TO REPLACE A POLICY PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICY CONSTITUTES A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE THE NEW SERVICING CARRIER OR AGENT TO MAKE A NEW OFFER OF COVERAGE OR TO OBTAIN A NEW APPLICATION FROM THE INSURED; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-370, 38-77-380, AND 38-77-390 SO AS TO ENACT PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT, IF AN INDIVIDUAL SUBMITS A WRITTEN REQUEST TO AN INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO CERTAIN RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL, THE INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION SHALL DO CERTAIN SPECIFIED THINGS WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, THAT AN INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION SHALL DO CERTAIN SPECIFIED THINGS WITHIN THIRTY BUSINESS DAYS FROM THE DATE OF RECEIPT OF A WRITTEN REQUEST FROM AN INDIVIDUAL TO CORRECT, AMEND, OR DELETE ANY RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL WITHIN ITS POSSESSION, AND THAT, IN THE EVENT OF AN ADVERSE UNDERWRITING DECISION, THE INSURER OR AGENT RESPONSIBLE FOR THE DECISION SHALL GIVE A WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THAT PROVIDES THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE CERTAIN INFORMATION; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO ADD PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT THE PLAN OF OPERATION SHALL COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS AFTER JANUARY 1, 1997, AND MUST NOT RENEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS AFTER SEPTEMBER 30, 1997, AND THAT NO POLICIES WITH AN EFFECTIVE DATE AFTER SEPTEMBER 30, 1997, SHALL BE ACCEPTED BY THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO CONDITIONS FOR DESIGNATION AS A DESIGNATED PRODUCER OF AN OTHERWISE INELIGIBLE APPLICANT, SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS AFTER JANUARY 1, 1997, AND MUST NOT RENEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS AFTER SEPTEMBER 30, 1997, AND THAT NO POLICIES WITH AN EFFECTIVE DATE AFTER SEPTEMBER 30, 1997, SHALL BE ACCEPTED BY THE REINSURANCE FACILITY; TO AMEND CHAPTER 77, TITLE 38 OF THE 1976 CODE, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS FOR THE ASSIGNMENT OF RISKS; AND TO REPEAL SECTIONS 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, 38-73-456, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS OR ADDITIONAL SURCHARGES FOR DRIVING VIOLATIONS UNTIL THERE HAS BEEN A CONVICTION, 38-73-457, RELATING TO FILING INFORMATION ON BASE RATES FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBERS OF THE REINSURANCE FACILITY ON AUTOMOBILE INSURANCE RATES, 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, REVIEW OF RATES, AND RATE EXPERIENCE, 38-73-720, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, 38-73-730, RELATING TO RISK CLASSIFICATION PLANS FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-731, RELATING TO REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, 38-73-735, RELATING TO PLANS FOR CREDITS AND DISCOUNTS FOR AUTOMOBILE INSUREDS, 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST FILE THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, 38-73-760, RELATING TO UNIFORM STATISTICAL PLANS FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-770, RELATING TO THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE MUST BE SO STRUCTURED AS TO PRODUCE AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, 38-77-115, RELATING TO THE PROVISION THAT CERTAIN SIGNS ARE REQUIRED IN AN INSURANCE AGENT'S PLACE OF BUSINESS, 38-77-145, RELATING TO THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE, 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY, 38-77-360, RELATING TO THE PROVISION THAT THERE BE NO INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGE BE DISPLAYED ON THE PREMIUM NOTICE OR BILL, 38-77-610, RELATING TO THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGES APPROVED OR ESTABLISHED PURSUANT TO SECTION 38-77-610 MUST BE ADDED TO THE APPROVED BASE RATE AND OBJECTIVE STANDARDS RATE IN EFFECT FOR EACH AUTOMOBILE INSURER, 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9 OF CHAPTER 77, TITLE 38, RELATING TO THE STATE'S AUTOMOBILE INSURANCE LAWS AND UNLAWFUL ACTS.

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

S. 1143 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM M. THWEATT, JR., UPON HIS BEING NAMED "NORTH AUGUSTA CITIZEN OF THE YEAR" FOR 1995 BY THE NORTH AUGUSTA CHAMBER OF COMMERCE.

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

S. 1144 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BARBARA G. BURRISS OF NORTH AUGUSTA UPON HER DEATH.

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

H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.

Be it resolved by the House of Representatives, the Senate concurring:

That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, February 20, 1996.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.

Referred to the Committee on Invitations.

H. 4604 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE REDCLIFFE ELEMENTARY SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR BEING A REGIONAL WINNER OF THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.

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

H. 4605 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING AND DEDICATED SERVICE OF BESSIE S. GILBERT OF HARTSVILLE AS AN EMPLOYEE OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.

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

H. 4606 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION COMMENDING AND THANKING DOROTHY S. SCARBOROUGH OF LAMAR FOR HER EXEMPLARY AND DEVOTED SERVICE AS A MEMBER AND OFFICER OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.

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

H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.

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

H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.

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

REPORT OF STANDING COMMITTEE

On motion of Senator COURSON, with unanimous consent, the Committee on Invitations polled out H. 4595 favorable:

H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.

Poll of the Invitations Committee on H. 4595
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Matthews                  Patterson                 Russell
O'Dell                    McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Rose

TOTAL--2

Adopted--H. 4595

H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.

On motion of Senator Courson, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

CONCURRENCE

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

The House returned the Bill with amendments.

Senator BRYAN explained the House amendment.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

NONCONCURRENCE

S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.

The House returned the Bill with amendments.

On motion of Senator GREG SMITH, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

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

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

Senator McCONNELL explained the Bill.

SECOND READING BILLS

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

S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

S. 1127--Ordered to a Third Reading

On motion of Senator CORK, S. 1127 was ordered to receive a third reading on Thursday, February 15, 1996.

S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.

The Banking and Insurance Committee proposed the following amendment (991R001.EES), which was adopted:

Amend the bill, as and if amended, page 2, line 5 by adding an appropriately numbered SECTION to read:

/SECTION   __.   Section 38-55-530(D) of the 1976 Code is amended to read:

"(D)   'False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement, and made with the intent of obtaining or causing another to obtain or attempting to obtain or causing another to obtain an undeserved economic advantage or benefit or made with the intent to deny or cause another to deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud."/

Renumber sections to conform.

Amend title to conform.

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

COMMITTED

S. 835 -- Senator Alexander: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.

Senator ALEXANDER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

On motion of Senator ALEXANDER, the Bill was committed to the Oconee County Delegation.

AMENDMENT PROPOSED, CARRIED OVER

H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OFLAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.

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

Senator GREGORY proposed the following amendment (GJK\22339SD.96):

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/SECTION   ____.   Section 59-65-45 of the 1976 Code is amended to read:

"Section 59-65-45.   In lieu of the requirements of Section 59-65-40, parents or guardians may teach their children at home if the instruction is conducted under the auspices of the South Carolina Association of Independent Home Schools or another home school association. Bona fide membership and continuing compliance with the academic standards of South Carolina Association of Independent Home Schools the home school association exempts the home school from the further requirements of Section 59-65-40.

The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:

(a)   a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;

(b)   the instructional year is at least one hundred eighty days; and

(c)   the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature.

By January thirtieth of each year, the South Carolina Association of Independent Home Schools association shall report the number and grade level of children home schooled through the association to the children's respective school districts."/

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

POINT OF ORDER

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

Senator PEELER moved to commit the Bill to the Committee on Finance.

Parliamentary Inquiry

Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not the motion to commit was debatable.

The PRESIDENT stated that the motion to commit was debatable.

Senator PASSAILAIGUE argued in favor of the motion to commit.

Point of Order

Senator SETZLER raised a Point of Order that the motion was out of order inasmuch as the Senate was in the Motion Period and the Bill was not under consideration.

The PRESIDENT sustained the Point of Order.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

CARRIED OVER

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

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

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

CONSIDERATION INTERRUPTED

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

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

Senator PEELER moved to commit the Bill to the Committee on Finance.

Senator BRYAN argued contra to the motion to commit.

On motion of Senator DRUMMOND, with unanimous consent, consideration was interrupted by recess.

RECESS

At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Judicial Elections

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. 1106 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON WEDNESDAY, FEBRUARY 14, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1996; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 7, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 8, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 9, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 11, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 12, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 13, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1996; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1996; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 1996.

Election to the Position of Associate Justice,
South Carolina Supreme Court

The PRESIDENT announced that nominations were in order to elect a successor to the South Carolina Supreme Court.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Jean Hoefer Toal and the Honorable Tom J. Ervin had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of Mr. Tom J. Ervin was withdrawn from consideration.

Senator McCONNELL placed the name of the Honorable Jean Hoefer Toal in nomination.

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 Jean Hoefer Toal was duly elected Associate Justice, South Carolina Supreme Court, for the term prescribed by law.

Election to the Court of Appeals, Seat No. 7

The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 7.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Ruben L. Gray and the Honorable H. Samuel Stilwell had been screened and found qualified.

On motion of Senator McCONNELL, the name of Mr. Ruben L. Gray was withdrawn from consideration.

Senator McCONNELL placed the name of the Honorable H. Samuel Stilwell in nomination.

Rep. Sharpe 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 H. Samuel Stilwell was duly elected to the Court of Appeals, Seat No. 7, for the term prescribed by law.

Election to the Court of Appeals, Seat No. 8

The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 8.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Ruben L. Gray, the Honorable William L. Howard, and the Honorable Thomas E. Huff had been screened and found qualified.

On motion of Senator McCONNELL, the name of Mr. Ruben L. Gray was withdrawn from consideration.

Senator McCONNELL placed the names of the Honorable William L. Howard and the Honorable Thomas E. Huff in nomination.

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 Judge Howard:

Bryan                  Cork                   Courson
Elliott                Ford                   Giese
Glover                 Gregory                Jackson
Land                   Lander                 Leventis
Matthews               McConnell              McGill
Mescher                Passailaigue           Patterson
Rankin                 Reese                  Richter
Ryberg                 Setzler                Short
Smith, G.              Washington

TOTAL--26

The following named Senators voted for Representative Huff:

Alexander              Boan                   Courtney
Drummond               Fair                   Hayes
Holland                Martin                 Moore
O'Dell                 Peeler                 Rose
Russell                Saleeby                Smith, J.V.
Thomas                 Waldrep                Wilson

TOTAL--18

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Judge Howard:

Anderson               Askins                 Bailey
Baxley                 Breeland               Brown, G.
Brown, T.              Cave                   Cobb-Hunter
Cromer                 Dantzler               Elliott
Fulmer                 Gamble                 Hallman
Harrell                Harris, J.             Hodges
Howard                 Hutson                 Inabinett
Jennings               Kelley                 Kennedy
Keyserling             Limehouse              Lloyd
Martin                 McCraw                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Rogers                 Scott
Seithel                Sheheen                Shissias
Stille                 Stuart                 Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams
Worley

Total--49

The following named Representatives voted for Representative Huff:

Allison                Boan                   Brown, H.
Brown, J.              Byrd                   Cain
Carnell                Cato                   Chamblee
Clyburn                Cotty                  Davenport
Delleney               Easterday              Felder
Fleming                Govan                  Harris, P.
Harrison               Harvin                 Haskins
Herdklotz              Hines, J.              Hines, M.
Jaskwhich              Keegan                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Littlejohn
Loftis                 Marchbanks             Mason
McAbee                 McKay                  Meacham
Neilson                Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Sandifer               Sharpe
Smith, D.              Smith, R.              Spearman
Stoddard               Thomas                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Wilkins                Witherspoon
Wofford                Wright                 Young
Young-Brickell         

Total--70

RECAPITULATION

Total number of Senators voting   44
Total number of Representatives voting   119
Grand Total   163

Necessary to a choice   82

Of which Judge Howard received   75

Of which Representative Huff received   88

Whereupon, the PRESIDENT announced that the Honorable Thomas E. Huff was duly elected to the Court of Appeals, Seat No. 8, for the term prescribed by law.

Election to the Court of Appeals, Seat No. 9

The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 9.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Honorable Ralph King Anderson, Jr., Mr. Ruben L. Gray, the Honorable Douglas L. Hinds, the Honorable Wallace K. Lightsey, Mr. Joseph D. Shine, and the Honorable Charles B. Simmons, Jr. had been screened and found qualified.

On motion of Senator McCONNELL, the names of Mr. Douglas L. Hinds, Mr. Ruben L. Gray, and Mr. Joseph D. Shine were withdrawn from consideration.

Senator McCONNELL placed the names of the Honorable Ralph King Anderson, Jr., the Honorable Wallace K. Lightsey, and the Honorable Charles B. Simmons, Jr. in nomination.

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:

Elliott                Ford                   Glover
Land                   Matthews               McGill
Patterson              Rankin                 Richter
Saleeby                Short                  Smith, G.
Washington             Wilson

TOTAL--14

The following named Senators voted for Mr. Lightsey:

Cork                   Courson                Courtney
Drummond               Giese                  Gregory
Holland                Jackson                McConnell
Mescher                Moore                  Passailaigue
Peeler                 Reese                  Rose
Ryberg                 Setzler

TOTAL--17

The following named Senators voted for Mr. Simmons:

Alexander              Boan                   Bryan
Fair                   Hayes                  Leventis
Martin                 O'Dell                 Russell
Smith, J.V.            Thomas                 Waldrep

TOTAL--12

The following named Senator abstained from voting:

Lander

TOTAL--1

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Anderson:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Cotty                  Cromer
Delleney               Elliott                Felder
Hallman                Harris, J.             Harrison
Harvin                 Hines, J.              Howard
Hutson                 Inabinett              Jennings
Kelley                 Kennedy                Kinon
Knotts                 Koon                   Limbaugh
Lloyd                  Martin                 McAbee
McElveen               McKay                  McMahand
McTeer                 Neal                   Neilson
Riser                  Rogers                 Scott
Seithel                Sharpe                 Sheheen
Smith, R.              Spearman               Stille
Thomas                 Waldrop                Whatley
Whipper, L.            Whipper, S.            White
Wilkes                 Witherspoon            Worley
Wright                 Young

Total--62

The following named Representatives voted for Mr. Lightsey:

Cain                   Carnell                Dantzler
Davenport              Fleming                Fulmer
Gamble                 Govan                  Harris, P.
Jaskwhich              Keegan                 Keyserling
Klauber                Lee                    McCraw
Moody-Lawrence         Phillips               Quinn
Rhoad                  Richardson             Robinson
Shissias               Stoddard               Stuart
Tucker                 Wilder                 Williams
Young-Brickell         

Total--28

The following named Representatives voted for Mr. Simmons:

Allison                Brown, H.              Cato
Chamblee               Easterday              Haskins
Herdklotz              Hodges                 Kirsh
Lanford                Law                    Littlejohn
Loftis                 Marchbanks             Mason
Meacham                Rice                   Sandifer
Simrill                Smith, D.              Townsend
Tripp                  Trotter                Vaughn
Walker                 Wells                  Wilkins
Wofford                

Total--28

RECAPITULATION

Total number of Senators voting   43
Total number of Representatives voting   118
Grand Total   161

Necessary to a choice   81

Of which Mr. Anderson received   76

Of which Mr. Lightsey received   45

Of which Mr. Simmons received   40

No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.

Second Ballot

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:

Elliott                Ford                   Glover
Land                   Matthews               McGill
Patterson              Rankin                 Saleeby
Short                  Smith, G.              Washington
Wilson                 

TOTAL--13

The following named Senators voted for Mr. Lightsey:

Cork                   Courson                Courtney
Drummond               Giese                  Gregory
Holland                Jackson                Leventis
McConnell              Mescher                Moore
Passailaigue           Peeler                 Reese
Richter                Rose                   Ryberg
Setzler                Waldrep

TOTAL--20

The following named Senators voted for Mr. Simmons:

Alexander              Boan                   Bryan
Fair                   Hayes                  Martin
O'Dell                 Russell                Smith, J.V.
Thomas                 

TOTAL--10

The following named Senator abstained from voting:

Lander

TOTAL--1

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Anderson:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Cotty                  Cromer
Delleney               Elliott                Felder
Govan                  Hallman                Harris, J.
Harrison               Harvin                 Hines, J.
Hines, M.              Howard                 Hutson
Inabinett              Jennings               Kelley
Kennedy                Kinon                  Kirsh
Knotts                 Koon                   Lee
Limbaugh               Lloyd                  Martin
McAbee                 McElveen               McKay
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Riser
Rogers                 Scott                  Seithel
Sharpe                 Sheheen                Stille
Thomas                 Waldrop                Whatley
Whipper, S.            White                  Wilkes
Witherspoon            Worley                 Wright
Young                  

Total--64

The following named Representatives voted for Mr. Lightsey:

Brown, H.              Cain                   Carnell
Dantzler               Fleming                Fulmer
Gamble                 Harrell                Harris, P.
Herdklotz              Jaskwhich              Keegan
Keyserling             Klauber                Law
Limehouse              Mason                  McCraw
Phillips               Quinn                  Rhoad
Rice                   Richardson             Robinson
Shissias               Smith, D.              Smith, R.
Spearman               Stoddard               Stuart
Tripp                  Tucker                 Whipper, L.
Wilder                 Williams               Wofford
Young-Brickell         

Total--37

The following named Representatives voted for Mr. Simmons:

Allison                Cato                   Chamblee
Davenport              Easterday              Haskins
Hodges                 Lanford                Littlejohn
Loftis                 Marchbanks             Meacham
Sandifer               Simrill                Townsend
Trotter                Vaughn                 Walker
Wells                  Wilkins

Total--20

RECAPITULATION

Total number of Senators voting   43
Total number of Representatives voting   121
Grand Total   164

Necessary to a choice   83

Of which Mr. Anderson received   77

Of which Mr. Lightsey received   57

Of which Mr. Simmons received   30

No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.

On motion of Rep. Cato, the name of Mr. Charles B. Simmons, Jr. was withdrawn from consideration.

Third Ballot

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:

Elliott                Ford                   Glover
Land                   Matthews               McGill
Patterson              Rankin                 Saleeby
Short                  Smith, G.              Washington
Wilson                 

TOTAL--13

The following named Senators voted for Mr. Lightsey:

Alexander              Boan                   Bryan
Cork                   Courson                Courtney
Drummond               Fair                   Giese
Gregory                Hayes                  Holland
Jackson                Leventis               Martin
McConnell              Mescher                Moore
O'Dell                 Passailaigue           Peeler
Reese                  Richter                Rose
Russell                Ryberg                 Setzler
Smith, J.V.            Thomas                 Waldrep

TOTAL--30

The following named Senator abstained from voting:

Lander

TOTAL--1

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Anderson:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cotty                  Cromer                 Delleney
Elliott                Felder                 Govan
Hallman                Harris, J.             Harrison
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Jennings               Kelley
Kennedy                Kinon                  Kirsh
Knotts                 Koon                   Limbaugh
Lloyd                  Martin                 McAbee
McElveen               McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Riser
Rogers                 Scott                  Seithel
Sharpe                 Sheheen                Smith, R.
Spearman               Stille                 Thomas
Trotter                Waldrop                Whatley
Whipper, S.            White                  Wilkes
Witherspoon            Worley                 Wright
Young                  

Total--70

The following named Representatives voted for Mr. Lightsey:

Allison                Brown, H.              Cain
Carnell                Dantzler               Davenport
Easterday              Fleming                Fulmer
Gamble                 Harrell                Harris, P.
Haskins                Herdklotz              Jaskwhich
Keegan                 Keyserling             Klauber
Lanford                Law                    Lee
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McCraw
Phillips               Quinn                  Rhoad
Rice                   Richardson             Robinson
Sandifer               Shissias               Simrill
Smith, D.              Stoddard               Stuart
Townsend               Tripp                  Tucker
Vaughn                 Walker                 Wells
Whipper, L.            Wilder                 Wilkins
Williams               Wofford                Young-Brickell

Total--51

RECAPITULATION

Total number of Senators voting   43
Total number of Representatives voting   121
Grand Total   164

Necessary to a choice   83

Of which Mr. Anderson received   83

Of which Mr. Lightsey received   81

Whereupon, the PRESIDENT announced that the Honorable Ralph King Anderson, Jr. was duly elected to the Court of Appeals, Seat No. 9, for the term prescribed by law.

Election to the Position of Judge, Third Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Third Judicial Circuit.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Howard P. King had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Howard P. King in nomination.

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 Howard P. King was duly elected to the position of Judge, Third Judicial Circuit, for the term prescribed by law.

Election to the Position of Judge, Circuit Court,
At-Large, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to the Circuit Court, At-Large Position, Seat #11.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Thomas C. Cofield, Mr. John W. Kittredge, Ms. Selma T. Jones, Ms. Brenda Reddix-Smalls, Mr. Wyatt Saunders, and Mr. James C. Williams, Jr. had been screened and found qualified.

On motion of Senator McCONNELL, the names of Ms. Selma T. Jones, Mr. Thomas C. Cofield, Mr. Wyatt Saunders, Mr. James C. Williams, Jr., and Ms. Brenda Reddix-Smalls were withdrawn from consideration.

Senator McCONNELL placed the name of Mr. John W. Kittredge in nomination.

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 John W. Kittredge was duly elected to the Circuit Court, At-Large Position, Seat #11, for the term prescribed by law.

Election to the Position of Judge, Circuit Court,
At-Large, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to the Circuit Court, At-Large Position, Seat #12.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Robert S. Armstrong, Mr. James R. Barber, III, Mr. James E. Brogdon, Jr., Mr. Thomas C. Dillard, Mr. Dale L. DuTremble, Ms. Selma T. Jones, Ms. Brenda Reddix-Smalls, and Mr. James C. Williams, Jr. had been screened and found qualified.

On motion of Senator McCONNELL, the names of Mr. Thomas C. Cofield, Mr. Robert S. Armstrong, Mr. James R. Barber, III, Mr. Dale L. DuTremble, Ms. Selma T. Jones, Mr. James C. Williams, Jr., Ms. Brenda Reddix-Smalls, and Mr. Thomas C. Dillard were withdrawn from consideration.

Senator McCONNELL placed the name of Mr. James E. Brogdon, Jr. in nomination.

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 James E. Brogdon, Jr. was duly elected to the Circuit Court, At-Large Position, Seat #12, for the term prescribed by law.

Election to the Position of Judge, Circuit Court,
At-Large, Seat #13

The PRESIDENT announced that nominations were in order to elect a successor to the Circuit Court, At-Large Position, Seat #13.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Lee S. Alford, Mr. James R. Barber, III, Mr. John L. Breeden, Jr., Mr. Thomas C. Cofield, Ms. Selma T. Jones, Mr. J.C. Nicholson, Jr., Ms. Brenda Reddix-Smalls, and Mr. James C. Williams, Jr. had been screened and found qualified.

On motion of Senator McCONNELL, the names of Mr. James C. Williams, Jr. and Ms. Brenda Reddix-Smalls were withdrawn from consideration.

Senator McCONNELL placed the names of Mr. Lee S. Alford, Mr. James R. Barber, III, Mr. John L. Breeden, Jr., Mr. Thomas C. Cofield, Ms. Selma T. Jones, and Mr. J.C. Nicholson, Jr. in nomination.

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. Alford:

Courtney               Gregory                Hayes
Martin                 Mescher                Peeler
Russell                Short

TOTAL--8

The following named Senators voted for Mr. Barber:

Courson                Jackson                Moore
Reese                  Richter                Ryberg

TOTAL--6

The following named Senators voted for Mr. Breeden:

Elliott                Fair                   Ford
Glover                 Holland                Land
Matthews               McConnell              Patterson
Rankin                 Washington

TOTAL--11

The following named Senators voted for Mr. Cofield:

Cork                   Rose                   Setzler
Wilson

TOTAL--4

The following named Senators voted for Ms. Jones:

Bryan                  Drummond               Giese
Lander                 Leventis               Saleeby
Thomas

TOTAL--7

The following named Senators voted for Mr. Nicholson:

Alexander              Boan                   McGill
O'Dell                 Passailaigue           Smith, G.
Smith, J.V.            Waldrep

TOTAL--8

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Alford:

Brown, H.              Cato                   Dantzler
Delleney               Easterday              Fleming
Govan                  Haskins                Kirsh
Lanford                Law                    Lee
Littlejohn             Loftis                 Marchbanks
McCraw                 McElveen               Meacham
Moody-Lawrence         Phillips               Rice
Simrill                Tripp                  Trotter
Wofford                Young-Brickell

Total--26

The following named Representatives voted for Mr. Barber:

Cotty                  Cromer                 Harrison
Hodges                 Mason                  Smith, R.

Total--6

The following named Representatives voted for Mr. Breeden:

Anderson               Askins                 Baxley
Boan                   Breeland               Brown, G.
Brown, J.              Brown, T.              Cave
Clyburn                Cobb-Hunter            Elliott
Fulmer                 Hallman                Harrell
Harvin                 Herdklotz              Hines, J.
Hines, M.              Hutson                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kinon                  Limbaugh
Limehouse              Lloyd                  Martin
McMahand               McTeer                 Neal
Neilson                Richardson             Sandifer
Scott                  Thomas                 Whipper, L.
Whipper, S.            White                  Wilkes
Wilkins                Witherspoon            Worley

Total--45

The following named Representatives voted for Mr. Cofield:

Felder                 Gamble                 Knotts
Koon                   Quinn                  Riser
Spearman               Stuart                 Wright

Total--9

The following named Representatives voted for Ms. Jones:

Byrd                   Carnell                Chamblee
Felder                 Harris, J.             Howard
Jaskwhich              Keyserling             Klauber
McAbee                 McKay                  Rhoad
Robinson               Rogers                 Seithel
Shissias               Stille                 Stoddard
Vaughn                 Waldrop                Wells
Whatley                Wilder                 Williams

Total--24

The following named Representatives voted for Mr. Nicholson:

Allison                Bailey                 Cain
Davenport              Harris, P.             Sheheen
Smith, D.              Townsend               Tucker
Walker                 Young

Total--11

RECAPITULATION

Total Number of Senators voting   44
Total Number of Representatives voting   121
Grand Total   165

Necessary to a choice   83

Of which Mr. Alford received   34

Of which Mr. Barber received   12

Of which Mr. Breeden received   56

Of which Mr. Cofield received   13

Of which Ms. Jones received   31

Of which Mr. Nicholson received   19

No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.

On motion of Rep. Harrison, the name of Mr. James R. Barber, III was withdrawn from the consideration.

Second Ballot

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. Alford:

Gregory                Hayes                  Martin
Mescher                Moore                  Peeler
Reese                  Russell                Short

TOTAL--9

The following named Senators voted for Mr. Breeden:

Elliott                Fair                   Ford
Glover                 Holland                Matthews
McConnell              McGill                 Passailaigue
Patterson              Rankin                 Richter
Smith, J.V.            Washington

TOTAL--14

The following named Senators voted for Mr. Cofield:

Cork                   Ryberg                 Setzler
Wilson

TOTAL--4

The following named Senators voted for Ms. Jones:

Bryan                  Courson                Courtney
Drummond               Giese                  Jackson
Land                   Lander                 Leventis
Rose                   Saleeby                Thomas

TOTAL--12

The following named Senators voted for Mr. Nicholson:

Alexander              Boan                   O'Dell
Smith, G.              Waldrep

TOTAL--5

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Alford:

Davenport              Delleney               Easterday
Fleming                Haskins                Kirsh
Littlejohn             Loftis                 Marchbanks
Mason                  McCraw                 McElveen
Meacham                Phillips               Rice
Sharpe                 Simrill                Tripp
Trotter                Young-Brickell

Total--20

The following named Representatives voted for Mr. Breeden:

Anderson               Askins                 Boan
Breeland               Brown, G.              Brown, J.
Brown, T.              Cave                   Clyburn
Cobb-Hunter            Cotty                  Elliott
Fulmer                 Gamble                 Govan
Harrell                Harrison               Harvin
Herdklotz              Hines, J.              Hines, M.
Hutson                 Inabinett              Keegan
Kelley                 Kennedy                Kinon
Limbaugh               Limehouse              Lloyd
Martin                 McMahand               McTeer
Neal                   Neilson                Richardson
Sandifer               Scott                  Seithel
Sheheen                Smith, R.              Thomas
Whipper, L.            Whipper, S.            White
Wilkes                 Wilkins                Witherspoon
Worley

Total--49

The following named Representatives voted for Mr. Cofield:

Hodges                 Knotts                 Koon
Quinn                  Riser                  Spearman
Stuart                 Wright

Total--8

The following named Representatives voted for Ms. Jones:

Allison                Baxley                 Byrd
Carnell                Chamblee               Cromer
Felder                 Harris, J.             Howard
Jaskwhich              Jennings               Keyserling
Klauber                Lee                    McAbee
McKay                  Moody-Lawrence         Rhoad
Robinson               Rogers                 Shissias
Stille                 Stoddard               Vaughn
Waldrop                Wells                  Whatley
Wilder                 Williams               Wofford

Total--30

The following named Representatives voted for Mr. Nicholson:

Bailey                 Brown, H.              Cain
Cato                   Dantzler               Hallman
Harris, P.             Lanford                Smith, D.
Townsend               Tucker                 Walker
Young                  

Total--13

RECAPITULATION

Total Number of Senators voting   44
Total Number of Representatives voting   120
Grand Total   164

Necessary to a choice   83

Of which Mr. Alford received   29

Of which Mr. Breeden received   63

Of which Mr. Cofield received   12

Of which Ms. Jones received   42

Of which Mr. Nicholson received   18

No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.

On motion of Rep. Townsend, the name of Mr. J.C. Nicholson, Jr. was withdrawn from consideration.

On motion of Rep. Wright, the name of Mr. Thomas C. Cofield was withdrawn from consideration.

Third Ballot

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. Alford:

Courtney               Gregory                Hayes
Martin                 Mescher                Moore
Peeler                 Russell                Ryberg
Short                  Waldrep                Wilson

TOTAL--12

The following named Senators voted for Mr. Breeden:

Boan                   Elliott                Fair
Ford                   Giese                  Glover
Holland                Land                   Matthews
McGill                 Passailaigue           Patterson
Rankin                 Reese                  Richter
Setzler                Smith, G.              Smith, J.V.
Washington

TOTAL--19

The following named Senators voted for Ms. Jones:

Alexander              Bryan                  Cork
Courson                Drummond               Jackson
Lander                 Leventis               McConnell
O'Dell                 Rose                   Saleeby
Thomas

TOTAL--13

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Alford:

Cain                   Cato                   Dantzler
Davenport              Delleney               Easterday
Fleming                Kirsh                  Koon
Law                    Lee                    Loftis
Mason                  McCraw                 McElveen
Meacham                Moody-Lawrence         Rice
Simrill                Smith, D.              Tripp
Trotter                Williams               Wofford
Wright                 Young-Brickell

Total--26

The following named Representatives voted for Mr. Breeden:

Anderson               Askins                 Bailey
Boan                   Breeland               Brown, G.
Brown, J.              Brown, T.              Cave
Clyburn                Cobb-Hunter            Cotty
Cromer                 Elliott                Fulmer
Gamble                 Govan                  Harrell
Harrison               Harvin                 Herdklotz
Hines, J.              Hines, M.              Hodges
Hutson                 Inabinett              Keegan
Kelley                 Kennedy                Kinon
Limbaugh               Limehouse              Lloyd
Martin                 McMahand               McTeer
Neal                   Neilson                Quinn
Richardson             Riser                  Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith, R.              Stuart
Thomas                 Tucker                 Whipper, L.
Whipper, S.            White                  Wilkes
Wilkins                Witherspoon            Worley

Total--57

The following named Representatives voted for Ms. Jones:

Allison                Baxley                 Brown, H.
Byrd                   Carnell                Chamblee
Felder                 Hallman                Harris, J.
Harris, P.             Haskins                Jaskwhich
Jennings               Keyserling             Klauber
Knotts                 Lanford                Littlejohn
Marchbanks             McAbee                 McKay
Phillips               Rhoad                  Robinson
Rogers                 Shissias               Spearman
Stille                 Stoddard               Townsend
Vaughn                 Waldrop                Walker
Wells                  Whatley                Wilder
Young                  

Total--37

RECAPITULATION

Total Number of Senators voting   44
Total Number of Representatives voting   120
Grand Total   164

Necessary to a choice   83

Of which Mr. Alford received   38

Of which Mr. Breeden received   76

Of which Ms. Jones received   50

No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.

On motion of Senator HAYES, the name of Mr. Lee S. Alford was withdrawn from consideration.

Fourth Ballot

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. Breeden:

Boan                   Elliott                Fair
Ford                   Giese                  Glover
Holland                Land                   Matthews
McGill                 Mescher                Passailaigue
Patterson              Rankin                 Reese
Richter                Rose                   Setzler
Short                  Smith, G.              Washington
Wilson

TOTAL--22

The following named Senators voted for Ms. Jones:

Alexander              Bryan                  Cork
Courson                Courtney               Drummond
Gregory                Hayes                  Jackson
Lander                 Leventis               Martin
McConnell              Moore                  O'Dell
Peeler                 Russell                Saleeby
Smith, J.V.            Thomas                 Waldrep

TOTAL--21

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Breeden:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Cave                   Clyburn                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Delleney               Elliott                Fulmer
Gamble                 Harrell                Harrison
Harvin                 Herdklotz              Hines, J.
Hines, M.              Hodges                 Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Knotts
Koon                   Limbaugh               Limehouse
Lloyd                  Loftis                 Martin
McCraw                 McMahand               McTeer
Neal                   Neilson                Quinn
Richardson             Riser                  Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith, D.              Smith, R.
Stuart                 Thomas                 Trotter
Tucker                 Whipper, L.            Whipper, S.
White                  Wilkes                 Wilkins
Witherspoon            Worley                 Wright

Total--69

The following named Representatives voted for Ms. Jones:

Brown, H.              Byrd                   Cain
Carnell                Cato                   Chamblee
Davenport              Easterday              Felder
Fleming                Harris, J.             Harris, P.
Haskins                Jaskwhich              Klauber
Lanford                Law                    Lee
Littlejohn             Marchbanks             Mason
McAbee                 McElveen               McKay
Meacham                Moody-Lawrence         Phillips
Rhoad                  Rice                   Robinson
Rogers                 Shissias               Simrill
Spearman               Stille                 Stoddard
Townsend               Tripp                  Vaughn
Waldrop                Walker                 Wells
Whatley                Wilder                 Williams
Wofford                Young                  Young-Brickell

Total--48

RECAPITULATION

Total Number of Senators voting   43
Total Number of Representatives voting   117
Grand Total   160

Necessary to a choice   81

Of which Mr. Breeden received   91

Of which Ms. Jones received   69

Whereupon, the PRESIDENT announced that the Honorable John L. Breeden, Jr. was duly elected to the Circuit Court, At-Large Position, Seat #13, for the term prescribed by law.

Election to the Position of Judge, Family Court,
Fourth Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #3.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable James A. Spruill, III had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable James A. Spruill, III in nomination.

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 James A. Spruill, III was duly elected to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #3, for the term prescribed by law.

Election to the Position of Judge, Family Court,
Sixth Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Sixth Judicial Circuit, Seat #2.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Walter B. Brown, Jr. had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Walter B. Brown, Jr. in nomination.

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 Walter B. Brown, Jr. was duly elected to the position of Judge, Family Court, Sixth Judicial Circuit, Seat #2, for the term prescribed by law.

Election to the Position of Judge, Family Court,
Ninth Judicial Circuit, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #5.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Ms. Deadra L. Jefferson, Mr. Jack A. Landis, Mr. O. Grady Query, and Mr. David A. Soderlund, Sr. had been screened and found qualified.

On motion of Senator McCONNELL, the name of Mr. David A. Soderlund, Sr. was withdrawn from consideration.

On motion of Senator RICHTER, the name of Mr. O. Grady Query was withdrawn from consideration.

Senator McCONNELL placed the names of Ms. Deadra L. Jefferson and Mr. Jack A. Landis in nomination.

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. Jefferson:

Alexander              Boan                   Bryan
Cork                   Courson                Courtney
Drummond               Elliott                Ford
Giese                  Glover                 Gregory
Jackson                Land                   Lander
Leventis               Martin                 Matthews
McConnell              McGill                 Moore
Passailaigue           Patterson              Peeler
Rankin                 Reese                  Richter
Russell                Ryberg                 Saleeby
Setzler                Short                  Smith, J.V.
Thomas                 Washington             Wilson

TOTAL--36

The following named Senators voted for Mr. Landis:

Fair                   Hayes                  Holland
Mescher                O'Dell                 Rose
Smith, G.              Waldrep

TOTAL--8

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Jefferson:

Allison                Anderson               Askins
Bailey                 Baxley                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Cromer                 Davenport
Easterday              Felder                 Fulmer
Govan                  Hallman                Harris, J.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jaskwhich              Jennings               Kelley
Kennedy                Keyserling             Kinon
Klauber                Knotts                 Lanford
Lee                    Limbaugh               Littlejohn
Lloyd                  Martin                 McElveen
McKay                  McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rogers                 Scott                  Seithel
Sharpe                 Sheheen                Shissias
Smith, D.              Smith, R.              Stoddard
Stuart                 Thomas                 Tucker
Wells                  Whipper, S.            White
Wilder                 Wilkes                 Worley
Wright                 Young

Total--71

The following named Representatives voted for Mr. Landis:

Boan                   Brown, H.              Cain
Carnell                Cato                   Chamblee
Cotty                  Dantzler               Delleney
Fleming                Gamble                 Harrell
Harris, P.             Harrison               Haskins
Herdklotz              Hutson                 Keegan
Kirsh                  Koon                   Law
Limehouse              Loftis                 Marchbanks
Mason                  McAbee                 McCraw
Meacham                Rice                   Riser
Robinson               Sandifer               Simrill
Spearman               Stille                 Townsend
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Whatley
Wilkins                Williams               Witherspoon
Wofford                Young-Brickell

Total--47

RECAPITULATION

Total Number of Senators voting   44
Total Number of Representatives voting   118
Grand Total   162

Necessary to a choice   82

Of which Ms. Jefferson received   107

Of which Mr. Landis received   55

Whereupon, the PRESIDENT announced that the Honorable Deadra L. Jefferson was duly elected Judge, Family Court, Ninth Judicial Circuit, Seat #5 for the term prescribed by law.

Election to the Position of Judge, Family Court,
Thirteenth Judicial Circuit, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #4.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. R. Scott Dover, Mr. Alvin D. Johnson, and Ms. Susan I. Johnson had been screened and found qualified.

On motion of Senator McCONNELL, the names of Mr. R. Scott Dover and Ms. Susan I. Johnson were withdrawn from consideration.

Senator McCONNELL placed the name of Mr. Alvin D. Johnson in nomination.

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 Alvin D. Johnson was duly elected Judge, Family Court, Thirteenth Judicial Circuit, Seat #4 for the term prescribed by law.

Election to the Position of Judge, Family Court,
Thirteenth Judicial Circuit, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #5.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Stephen S. Bartlett, Mr. Timothy L. Brown, Ms. Kaye Davis, Mr. Clifford F. Gaddy, Jr., Mr. Ernest Hamilton, Mr. Robert N. Jenkins, Sr., Mr. Bobby H. Mann, Jr., and Ms. Regan A. Pendleton had been screened and found qualified.

On motion of Senator McCONNELL, the names of Mr. Clifford F. Gaddy, Jr., Mr. Stephen S. Bartlett, Mr. Timothy L. Brown, Mr. Ernest Hamilton, Ms. Kaye Davis, and Ms. Regan A. Pendleton were withdrawn from consideration.

Senator McCONNELL placed the names of Mr. Robert N. Jenkins, Sr. and Mr. Bobby H. Mann, Jr. in nomination.

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. Jenkins:

Boan                   Bryan                  Cork
Courtney               Drummond               Elliott
Ford                   Glover                 Holland
Jackson                Land                   Lander
Martin                 Matthews               McConnell
McGill                 Moore                  O'Dell
Passailaigue           Patterson              Rankin
Reese                  Saleeby                Short
Smith, G.              Smith, J.V.            Washington

TOTAL--27

The following named Senators voted for Mr. Mann:

Alexander              Courson                Fair
Giese                  Gregory                Hayes
Leventis               Mescher                Peeler
Richter                Rose                   Russell
Ryberg                 Setzler                Thomas
Waldrep                Wilson

TOTAL--17

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Jenkins:

Anderson               Askins                 Bailey
Baxley                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Carnell                Cato                   Cave
Clyburn                Cobb-Hunter            Cotty
Davenport              Govan                  Hallman
Harris, P.             Harrison               Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Keyserling             Kirsh
Lee                    Littlejohn             Lloyd
Martin                 McAbee                 McElveen
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rogers
Scott                  Sheheen                Shissias
Smith, R.              Stille                 Stuart
Vaughn                 Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams               

Total--58

The following named Representatives voted for Mr. Mann:

Boan                   Brown, H.              Cain
Chamblee               Cromer                 Dantzler
Delleney               Easterday              Felder
Fleming                Fulmer                 Gamble
Harrell                Harris, J.             Haskins
Herdklotz              Hutson                 Jaskwhich
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Loftis                 Marchbanks
Mason                  McCraw                 McKay
Quinn                  Rice                   Richardson
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Spearman               Stoddard
Thomas                 Tripp                  Trotter
Tucker                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--59

RECAPITULATION

Total Number of Senators voting   44
Total Number of Representatives voting   117
Grand Total   161

Necessary to a choice   81

Of which Mr. Jenkins received   85

Of which Mr. Mann received   76

Whereupon, the PRESIDENT announced that the Honorable Robert N. Jenkins, Sr. was duly elected Judge, Family Court, Thirteenth Judicial Circuit, Seat #5 for the term prescribed by law.

Election to the Position of Judge, Family Court,
Fifteenth Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #3.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable H. T. Abbott, III had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable H.T. Abbott, III in nomination.

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 H.T. Abbott, III was duly elected to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #3, for the term prescribed by law.

Election to the Position of Administrative Law Judge, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to the position of Administrative Law Judge, Seat #6.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Ralph King Anderson, III had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Ralph King Anderson in nomination.

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 Ralph King Anderson, III was duly elected to the position of Administrative Law Judge, Seat #6, for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly and regularly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 2:17 P.M., the Senate resumed.

MOTION ADOPTED

On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Anne E. Kibler of Newberry, S.C.

ADJOURNMENT

At 2:20 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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This web page was last updated on Monday, June 29, 2009 at 1:57 P.M.