South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

WEDNESDAY, MAY 2, 1990

Wednesday, May 2, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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, hear words recorded in the Book of Esther (4:12-14):

"When Esther's words were reported to

Mordecai, he sent back this answer:

'Do not think that because you are in

the king's house you alone of all the

Jews will escape.

For if you remain silent at this time,

relief and deliverance for the Jews

will arise from another place...

And who knows but that you have come

to royal position for such a time as

this?'"
Let us pray.

O God of all creation, our ever-blessed Lord, we know that You are concerned with the daily cares and decisions and affairs of all Your children here on our planet.

We are facing vital decisions involving immediate and far reaching consequences in the lives of our people. Our prayer is that You will oversee the fashioning of our decisions that will direct the quality of the lives of our people for years to come.

May we design instruments of government that will preserve our good heritage, and provide for our children and children's children a framework for fulfilling our ideals of freedom under God... justice... love and brotherhood.

Speak to us now... in accents of faith with overtones of devotion to duty... for such a time as this.

Amen.

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

Point Of Quorum

Senator MARTSCHINK made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call Of The Senate

Senator POPE moved that a call of the Senate be made. The following Senators answered the call:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Long                      Lourie                    Macaulay
Martin                    Martschink                Matthews
McConnell                 McGill                    McLeod
Mitchell                  Moore                     Mullinax
O'Dell                    Passailaigue              Patterson
Peeler                    Pope                      Rose
Russell                   Saleeby                   Setzler
Shealy                    Smith, H.C.               Smith, J.V.
Smith, N.W.               Stilwell                  Thomas
Waddell                   Williams                  Wilson

The Senate resumed.

Doctor Of The Day

Senator WILSON introduced Dr. Mark Keisler of Columbia, Doctor of the Day.

Leave Of Absence

On motion of Senator HELMLY, Senator HAYES was granted a leave of absence until Monday, May 7, 1990.

Leave Of Absence

Senator MATTHEWS requested and was granted a leave of absence from 2:00 P.M. today until Thursday, May 3, 1990.

Leave Of Absence

Senator SHEALY requested and was granted a leave of absence from 1:30 P.M. until 5:30 P.M. today.

Point Of Privilege

Senator NELL W. SMITH rose to a Point of Privilege.

Message From The House

Columbia, S.C., May 1, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has tabled:
S. 686 -- General Committee: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR AUCTIONEERS AND AUCTION FIRMS, SO AS TO PROVIDE THAT THE LICENSE FEES FOR AUCTIONEERS, APPRENTICE AUCTIONEERS, AND AUCTION COMPANIES ARE ONE HUNDRED FIFTY DOLLARS.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., May 1, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Klapman, Gregory and Kirsh of the Committee of Conference on the part of the House on:
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1579 -- Senators J. Verne Smith, Bryan, Mitchell, Thomas and Stilwell: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREENVILLE COUNTY SHERIFF'S OFFICE AND SHERIFF JOHNNY MACK BROWN UPON THE SHERIFF'S OFFICE BECOMING THE FIRST LAW ENFORCEMENT AGENCY IN SOUTH CAROLINA TO RECEIVE ACCREDITATION FROM THE COMMISSION ON ACCREDITATION OF LAW ENFORCEMENT AGENCIES, INC.

Returned with concurrence.

Received as information.

S. 1580 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MARTHA JO MCGLOTHLIN OF MONCKS CORNER IN BERKELEY COUNTY AS SHE LEAVES HER POSITION OF SERVICE ON THE SOUTH CAROLINA CHILDREN'S FOSTER CARE REVIEW BOARD, TO THANK HER FOR HER CONTRIBUTION TO THE QUALITY OF LIFE OF OUR STATE'S CHILDREN, AND TO WISH HER WELL IN HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 1581 -- Senators Wilson, Shealy, Setzler, Courson and McConnell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE THADDEUS PATRICK RAINES, JR., OF CAYCE IN LEXINGTON COUNTY.

Returned with concurrence.

Received as information.

S. 1477 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION TO INFORM THE SOUTH CAROLINA CONGRESSIONAL DELEGATION OF SOUTH CAROLINA'S CONCERN REGARDING THE URGENCY TO INTRODUCE AND SUPPORT LEGISLATION IMPLEMENTING THE NECESSARY FEDERAL PROGRAMS TO SAVE AND RESTORE FOLLY ISLAND AND FOLLY BEACH AND REPAIR THE DAMAGE CAUSED BY JETTIES.

Returned with concurrence.

Received as information.

S. 1505 -- Senators Horace C. Smith, Waddell, Leatherman, Moore and J. Verne Smith: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE OFFICE OF THE ADJUTANT GENERAL AUTHORIZATIONS FOR CAPITAL IMPROVEMENT BONDS FOR THE 251ST EVACUATION HOSPITAL ARMORY AND THE 51ST AVIATION GROUP ARMORY PROJECT.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1584 -- Senator Land: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO INCREASE THE PENALTY FOR LATE OR UNPAID INSTALLMENTS OF COMPENSATION FROM TEN PERCENT TO TWENTY-FIVE PERCENT, DELETE PROVISIONS, AND ADD PROVISIONS REGARDING THE PROCEDURE FOR HANDLING LATE OR UNPAID INSTALLMENTS.

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

S. 1585 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL LAWS OF ORANGEBURG COUNTY ESTABLISHING THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.

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

Ordered To A Second And Third Reading

On motion of Senator WILLIAMS, S. 1585 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1586 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-85 SO AS TO PROHIBIT PERSONNEL ACTION AGAINST AN EMPLOYEE FOR THE USE OF TOBACCO PRODUCTS.

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

H. 5071 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREENVILLE COUNTY SHERIFF'S OFFICE AND SHERIFF JOHNNY MACK BROWN UPON THE SHERIFF'S OFFICE BECOMING THE FIRST LAW ENFORCEMENT AGENCY IN SOUTH CAROLINA TO RECEIVE ACCREDITATION FROM THE COMMISSION ON ACCREDITATION OF LAW ENFORCEMENT AGENCIES, INC.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5074 -- Reps. Koon, Klapman, Felder, Sharpe, Derrick, Sturkie and Wright: A CONCURRENT RESOLUTION TO COMMEND MRS. SARA FERGUSON BRUNER FOR OVER FIFTY YEARS OF SERVICE TO THE BATESBURG-LEESVILLE AREA THROUGH HER ASSOCIATION WITH THE TWIN CITY NEWS AND THROUGH NUMEROUS OTHER ENDEAVORS AND TO CONGRATULATE HER UPON HAVING THE 1990 SOUTH CAROLINA POULTRY FESTIVAL PARADE DEDICATED TO HER.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

REPORT OF STANDING COMMITTEE

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: A BILL TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 4927 -- Reps. Kay, Carnell and Townsend: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ABBEVILLE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ABBEVILLE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, TO PROVIDE FOR A DIRECTOR AND AN ASSISTANT FOR THE COMMISSION, AND PROVIDE A TRANSITION PERIOD.

SECOND READING BILLS

The following Joint Resolution having been read the second time was passed and ordered to a third reading:

H. 4584 -- Charleston Delegation: A JOINT RESOLUTION TO AUTHORIZE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO BORROW NOT MORE THAN TWO HUNDRED TEN THOUSAND DOLLARS FROM THE STATE BUDGET AND CONTROL BOARD STATE-OWNED PROPERTY RENT ACCOUNT AND TO PROVIDE REPAYMENT TERMS.

Senators HINDS and PASSAILAIGUE spoke on the Joint Resolution.

READ THE SECOND TIME

H. 4480 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.

On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the second reading of the Bill.

On motion of Senator HOLLAND, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

READ THE SECOND TIME

H. 4958 -- Reps. Wilkins, Sharpe, G. Bailey, Rama, Hallman, Nettles, Wofford, Wells, H. Brown, McGinnis and Mappus: A BILL TO AMEND SECTION 24-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITNESSES AT AN EXECUTION UNDER THE DIRECTION OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, SO AS TO REVISE THE PROVISIONS PERTAINING TO WHO MAY SERVE AS A WITNESS, PROVIDE FOR THE PROMULGATION OF REGULATIONS, AND PROHIBIT AUDIO RECORDERS, CAMERAS, AND RECORDING DEVICES IN THE CAPITAL PUNISHMENT FACILITY DURING AN EXECUTION.

On motion of Senator HAYES, with unanimous consent, the Bill was taken up for immediate consideration.

On motion of Senator HAYES, the Bill was read the second time.

Ordered To A Third Reading

On motion of Senator HAYES, with unanimous consent, H. 4958 was ordered to receive a third reading on Thursday, May 3, 1990.

OBJECTION

H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.

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

Senator WADDELL argued in favor of the adoption of the amendment and Senator SHEALY argued contra.

ACTING PRESIDENT PRESIDES

Senator HORACE C. SMITH assumed the Chair.

Senator SHEALY continued arguing contra to the adoption of the amendment proposed by the Committee on Finance.

Senator SHEALY objected to further consideration of the Bill.

OBJECTION

H. 3603 -- Reps. Keegan, Farr, Barfield and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO PROHIBIT DWARF TOSSING.

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

Senator SHEALY objected.

PRIVILEGE OF THE FLOOR
Privilege Of The Chamber

On prior motion of Senator MOORE, with unanimous consent, the Privilege of the Chamber, to that area behind the rail was extended to the Lake View "Gators" High School football team.

Senator GILBERT introduced the team members on the occasion of being named the 1989 State 1A Champions and, with unanimous consent, obtained the Privilege of the Floor for the purpose of presenting the coaches of the Lake View "Gators" High School football team.

Privilege Of The Chamber

On motion of Senator PATTERSON, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to the Eau Claire Basketball Team and coaches and to the members of the Eau Claire Academic Bowl Team.

Senator PATTERSON and the Richland Legislative Delegation introduced the teams.

DEBATE INTERRUPTED

S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

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

Senator DRUMMOND argued contra to second reading of the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair.

Senator DRUMMOND argued contra to second reading of the Bill.

Point Of Quorum

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

Senator DRUMMOND continued arguing contra to second reading of the Bill.

MOTION ADOPTED

On motion of Senator WADDELL, with unanimous consent, the members of the Senate Finance Committee were authorized to meet while the Senate is in session, provided, that the members of the Senate Finance Committee would be counted in any quorum calls and would be contacted and given an opportunity to be present for any roll call votes.

Senator DRUMMOND continued arguing contra to second reading of the Bill.

MOTION FAILS

Senator POPE moved under Rule 15A to set a time certain of 3:00 P.M. to vote on the entire matter of S. 592.

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

AYES

Fielding                  Gilbert                   Helmly
Hinds                     Holland                   Land
Leventis                  Lourie                    Martin
Matthews                  McGill                    McLeod
Moore                     Passailaigue              Patterson
Pope                      Saleeby                   Setzler
Smith, J.V.               Smith, N.W.               Waddell
Williams                  

Total--22

NAYS

Courson                   Drummond                  Giese
Hinson                    Leatherman                Lee
Long                      Macaulay                  Martschink
McConnell                 Mitchell                  Rose
Shealy                    Stilwell                  Thomas
Wilson                    

Total--16

Having failed to receive the necessary vote, the motion failed.

Senator DRUMMOND continued speaking against second reading of the Bill.

MOTION ADOPTED

On motion of Senator POPE, with unanimous consent, Senator DRUMMOND retaining the floor, the Senate agreed to recede from business following the Joint Assembly until 1:30 P.M.

Debate was interrupted, Senator DRUMMOND retaining the floor.

JOINT ASSEMBLY
Election Of Officers

At 12:00 Noon 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.

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 1357 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 2, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.

Election Of Members To The State Health And
Human Services Finance Commission

The PRESIDENT announced that nominations were in order for members on the State Health and Human Services Finance Commission for the First, Third and Fifth Congressional Districts.

First Congressional District

On motion of Senator MACAULAY, Chairman of the Joint Legislative Screening Committee to Review Candidates for the Health and Human Services Finance Commission, nominated Mr. George Pinckney Knight.

On motion of Senator MACAULAY, nominations were 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 George Pinckney Knight was duly elected to the State Health and Human Services Finance Commission from the First Congressional District.

Third Congressional District

On motion of Senator MACAULAY, Chairman of the Joint Legislative Screening Committee to Review Candidates for the Health and Human Services Finance Commission, with unanimous consent, the following individuals were found qualified by the Screening Committee and their names were placed in nomination:

Ms. Mary Catherine L. Scott

Mr. George Fred Tolly, Jr.

Rep. B. L. Hendricks and Senator NELL W. SMITH seconded the nomination of Ms. Scott.

Rep. P. Harris nominated Mr. Tolly, Jr., and Rep. Cooper and Senator MULLINAX seconded the nomination.

On motion of Senator MACAULAY, the nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Scott:

Courson                Giese                  Gilbert
Hinds                  Hinson                 Holland
Land                   Leventis               Martin
Matthews               McLeod                 Moore
Passailaigue           Peeler                 Pope
Shealy                 Smith, H.C.            Smith, J.V.
Smith, N.W.            Stilwell               Thomas
Williams               Wilson

Total--23

The following named Senators voted for Mr. Tolly:

Bryan                  Drummond               Fielding
Leatherman             Lee                    Long
Lourie                 Macaulay               Martschink
McConnell              McGill                 Mitchell
Mullinax               O'Dell                 Patterson
Rose                   Russell                Saleeby
Setzler                

Total--19

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

The following named Representatives voted for Ms. Scott:

Alexander, M.O.        Altman                 Bailey, J.
Baker                  Barber                 Brown, H.
Bruce                  Burriss, T.M.          Clyborne
Corbett                Faber                  Fair
Gentry                 Glover                 Haskins
Hendricks              Jaskwhich              Johnson, J.W.
Keegan                 Klapman                Koon
Lanford                Littlejohn             Manly
Mappus                 Martin, L.             Mattos
McCain                 McGinnis               Rogers, T.
Sheheen                Simpson                Smith
Sturkie                Waites                 Wells
Whipper                Wilkins                Wofford
Wright                 

Total--40

The following named Representatives voted for Mr. Tolly:

Alexander, T.C.        Barfield               Baxley
Beasley                Blackwell              Blanding
Boan                   Brown, G.              Brown, J.
Burch                  Carnell                Chamblee
Cole                   Cooper                 Cork
Davenport              Derrick                Farr
Felder                 Foster                 Hallman
Harris, J.             Harris, P.             Harrison
Hodges                 Holt                   Johnson, J.C.
Kay                    Keesley                Keyserling
Kirsh                  Kohn                   Martin, D.
McAbee                 McBride                McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rudnick
Snow                   Townsend               Tucker
Vaughn                 Waldrop                White
Wilder                 Wilkes                 Williams, J.

Total--57

RECAPITULATION

Total Number of Senators voting   42
Total Number of Representatives voting   97
Grand Total   139
Necessary to a choice   70

Of which Ms. Scott received   63

Of which Mr. Tolly received   76

Whereupon the PRESIDENT announced that the Honorable George Fred Tolly, Jr., having received a majority of the votes cast, was duly elected to the State Health and Human Services Finance Commission from the Third Congressional District.

Fifth Congressional District

On motion of Senator MACAULAY, Chairman of the Joint Legislative Screening Committee to Review Candidates for the Health and Human Services Finance Commission, nominated Mr. James Thomas McCray.

On motion of Senator MACAULAY, nominations were 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 Thomas McCray was duly elected to the State Health and Human Services Finance Commission from the Fifth Congressional District.

Election Of Members To The
Old Exchange Building Commission

The Reading Clerk of the Senate read the Concurrent Resolution:

H. 4734 -- Reps. J. Bailey and Holt: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 2, 1990, AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SERVE THE UNEXPIRED TERM OF THE MEMBER OF THE COMMISSION WHO HAS RESIGNED.

Point Of Order

Rep. Haskins raised a Point of Order that the election was out of order inasmuch as the vacancy created by the resignation of Mr. Brandt had been filled by appointment by the Governor absent any statutory procedure specifying the method of filling of vacancies on the Old Exchange Building Commission.

Rep. J. Rogers spoke on the Point of Order.

Rep. Haskins spoke on the Point of Order.

Rep. J. Rogers spoke on the Point of Order.

Senator WILLIAMS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Rep. Haskins moved that the Joint Assembly stand adjourned.

The Joint Assembly refused to adjourn.

Representative Klapman, having voted on the prevailing side, moved to reconsider the vote whereby the Concurrent Resolution setting the election had been adopted.

Point Of Order

Senator LOURIE raised a Point of Order that the motion was out of order inasmuch as the Joint Assembly had been called for a specific purpose, to-wit, an election to fill the vacancy on the Old Exchange Building Commission, and for no other purpose.

The PRESIDENT sustained the Point of Order.

The PRESIDENT announced that nominations were in order for a seat on the Old Exchange Building Commission.

Rep. J. Bailey nominated Ms. Lavonne N. Phillips.

Rep. Kohn nominated Mr. John S. Coussons and Senator WILLIAMS seconded the nomination of Mr. Coussons.

On motion of Rep. Foster, the nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Phillips:

Bryan                  Fielding               Gilbert
Hinds                  Land                   Leventis
Lourie                 Matthews               Mitchell
Passailaigue           Patterson              Saleeby

Total--12

The following named Senators votes for Mr. Coussons:

Drummond               Giese                  Leatherman
Lee                    Long                   Macaulay
Martin                 Martschink             McConnell
McGill                 McLeod                 Moore
Mullinax               O'Dell                 Peeler
Pope                   Rose                   Smith, H.C.
Williams               Wilson

Total--20

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

The following named Representatives voted for Ms. Phillips:

Altman                 Bailey, J.             Barber
Beasley                Blanding               Boan
Brown, G.              Brown, J.              Carnell
Chamblee               Faber                  Farr
Foster                 Gentry                 Harris, P.
Harvin                 Hendricks              Holt
Johnson, J.C.          Johnson, J.W.          Keesley
Keyserling             Kirsh                  Manly
Martin, D.             McAbee                 McBride
McLeod                 Nesbitt                Phillips
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Smith                  Snow
Taylor                 Tucker                 Waites
Waldrop                Whipper                White
Wilkes                 

Total--43

The following named Representatives votes for Mr. Coussons:

Alexander, M.O.        Alexander, T.C.        Baker
Barfield               Blackwell              Bruce
Burriss, T.M.          Clyborne               Cole
Cooper                 Cork                   Davenport
Fair                   Felder                 Hallman
Harrison               Haskins                Hodges
Jaskwhich              Keegan                 Klapman
Kohn                   Koon                   Lanford
Littlejohn             Mappus                 Martin, L.
Mattos                 McCain                 McGinnis
McKay                  McLellan               McTeer
Moss                   Neilson                Nettles
Quinn                  Rama                   Rhoad
Sharpe                 Sturkie                Vaughn
Wells                  Wilder                 Wilkins
Williams, J.           Wofford                Wright

Total--48

RECAPITULATION

Total Number of Senators voting   32
Total Number of Representatives voting   91
Grand Total   123
Necessary to a choice   62
Of which Ms. Phillips received   55
Of which Mr. Coussons received   68

Whereupon the PRESIDENT announced that the Honorable John S. Coussons, having received a majority of the votes cast, was duly elected to the Old Exchange Building Commission.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate receded from business until 1:30 P.M.

At 1:34 P.M., the Senate resumed.

Point Of Quorum

Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call Of The Senate

Senator POPE moved that a call of the Senate be made. The following Senators answered the call:

Bryan                     Drummond                  Giese
Helmly                    Hinds                     Lee
Long                      Macaulay                  McConnell
Mullinax                  Peeler                    Pope
Rose                      Shealy                    Stilwell

A quorum was not present.

Motion Fails

Senator BRYAN moved under Rule 3b to send for the absent members.

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

AYES

Bryan                     Hinds                     Long
Macaulay                  Pope                      Waddell
Williams                  

Total--7

NAYS

Drummond                  Giese                     Helmly
Hinson                    Lee                       Martschink
McConnell                 Mullinax                  Peeler
Rose                      Shealy                    Stilwell
Thomas                    Wilson                    

Total--14

The Senate refused to invoke Rule 3b.

Senator McCONNELL moved that the Senate stand adjourned.

Senator McCONNELL withdrew temporarily the motion to adjourn in order for Senator WILLIAMS to make unanimous consent requests, with the understanding that the motion to adjourn would be the next order of business.

MADE SPECIAL ORDER

H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration.

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

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

AYES

Bryan                     Drummond                  Giese
Helmly                    Hinds                     Hinson
Lee                       Long                      Macaulay
Martschink                McConnell                 Mullinax
Pope                      Rose                      Stilwell
Thomas                    Waddell                   Williams
Wilson                    

Total--19

NAYS

Peeler                    Shealy                    

Total--2

The Bill, H. 4423, was made a Special Order.

MADE SPECIAL ORDER, REFERRED

H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".

On motion of Senator WILLIAMS, with unanimous consent, the Bill was made a Special Order.

On motion of Senator SETZLER, with unanimous consent, the Bill was referred to the Committee on Education, retaining its place on the Calendar in the status of Special Order.

Senator SETZLER moved under Rule 3b to send for the absent members.

The pending question before the Senate was the motion by Senator McCONNELL that the Senate stand adjourned.

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

AYES

Drummond                  Giese                     Hinds
Hinson                    Lee                       Martin
McConnell                 Mullinax                  Rose
Shealy                    Stilwell                  Thomas
Waddell                   Williams                  

Total--14

NAYS

Bryan                     Helmly                    Long
Lourie                    Macaulay                  Martschink
Mitchell                  Peeler                    Pope
Saleeby                   Setzler                   Wilson

Total--12

The Senate adjourned.

ADJOURNMENT

At 2:25 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:19 P.M.