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

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Printed Page 1850 . . . . . Tuesday, March 21, 1995
Whereupon, the President announced that the Honorable Daniel E. Martin, Sr., having received a majority of the votes cast, was duly elected for the term prescribed by law.

RECORD FOR JOURNAL

I would like for the record to reflect my vote for Danny Martin. The electronic voting machine did not record my vote.

Rep. DONALD W. BEATTY

RECORD FOR JOURNAL

Please let the record of the Joint Assembly reflect that I abstained from voting in the election of a judge of the Administrative Law Judge Division and the elections for Circuit Judges from the Ninth and Twelfth Judicial Circuits.

Rep. JOSEPH T. McELVEEN, JR.

ELECTION OF A CIRCUIT COURT JUDGE,

TENTH JUDICIAL CIRCUIT

The President announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit.

Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: the Honorable Tom J. Ervin and the Honorable H. Dean Hall.

Rep. TUCKER withdrew H. Dean Hall as a candidate.

On motion of Senator McConnell, 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 Tom J. Ervin was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,

TWELFTH JUDICIAL CIRCUIT

The President announced that nominations were in order for a Circuit Court Judge, Twelfth Judicial Circuit.

Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: the Honorable James E. Brogdon, Jr. and the Honorable B. Hicks Harwell.

Senator McConnell announced that James E. Brogdon, Jr., had withdrawn his name as a candidate.

Printed Page 1851 . . . . . Tuesday, March 21, 1995
Senator McConnell moved that nominations be closed, and with unanimous consent, the vote be taken by acclamation, resulting in the election of the nominee.

Senator Courson requested to be recorded as voting no and objecting to the nominee being elected by acclamation.

Senator Thomas also requested to be recorded as voting no.

Whereupon, the President announced that the Honorable B. Hicks Harwell, was duly elected for the term prescribed by law.

RECORD FOR JOURNAL

Please let the record of the Joint Assembly reflect that I abstained from voting in the election of a judge of the Administrative Law Judge Division and the elections for Circuit Judges from the Ninth and Twelfth Judicial Circuits.

Rep. JOSEPH T. McELVEEN, JR.

RECORD FOR JOURNAL

I abstained from voting in the 12th Circuit Court Race. It has been and remains my policy not to vote for sitting members of the General Assembly.

Rep. JAMES L.M. CROMER, JR.

ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 3

The President announced that nominations were in order for an Administrative Law Judge, Seat 3.

Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Alison R. Lee.

On motion of Senator McConnell, 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 Alison R. Lee, was duly elected for the term prescribed by law.

RECORD FOR JOURNAL

Please let the record of the Joint Assembly reflect that I abstained from voting in the election of a judge of the Administrative Law Judge Division and the elections for Circuit Judges from the Ninth and Twelfth Judicial Circuits.

Rep. JOSEPH T. McELVEEN, JR.

Printed Page 1852 . . . . . Tuesday, March 21, 1995
ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 5

The President announced that nominations were in order for an Administrative Law Judge, Seat 5.

Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Mr. Ray Stevens and V. Lynn Wiggins.

Senator Wilson nominated Ms. V. Lynn Wiggins as follows:

"Mr. President, Mr. Speaker Pro Tempore, fellow members of the General Assembly... I am proud to introduce to you Lynn Wiggins as a candidate for Administrative Law Judge. As you will recall, Lynn conducted an energetic and spirited campaign last year but withdrew in favor of now Administrative Law Judge John Geathers. Lynn is running for the seat which has been vacated by former Judge Karen Canes. Most of you know Lynn, but I want to review some of her accomplishments that qualify her to fill the Karen Canes seat. Lynn is now 43 years old. She is from Columbia and is the daughter of Bill and Laura Wiggins. She is married to attorney Don Jonas. Lynn's mother, Miss Laura, who you will remember fondly, was the Assistant Clerk of the Senate for 26 years. Lynn graduated from Dentsville High School in 1969 and earned a legal secretarial degree at Midlands Technical College in 1971. She worked as a legal professional secretary for more than 15 years and then returned to college to complete her bachelor's degree. Lynn worked here way through college, supporting herself and working for some of the most important law firms in the midlands area including Berry, Lightsey, Gibbs, Bowers, Anders and Rentz and the very prestigious Lourie law firm. Lynn began law school in 1984 and continued to work to support herself as a legal secretary and clerk until her graduation in December of 1986. While in law school, she also was the managing editor of the Journal of Law and Education for two years and earned the highest grade in her class in constitutional law for which she was presented the American Jurisprudence Award. Following law school, Lynn has worked full time in a general practice law firm handling a variety of litigation cases including family court, probate, social security, workers' compensation and complex class action cases. Lynn recalls that her most satisfying work as a lawyer has been acting as a guardian for children. Lynn has also been active teaching law to paralegals at both Midlands Technical College and Columbia Junior College. She has taught a total of eight semesters. She has also been recognized as a distinguished Midlands Technical Alumni and is listed in Sterling's list of Who's Who. In 1994, she was also appointed as a hearing officer at the South Carolina

Printed Page 1853 . . . . . Tuesday, March 21, 1995
Department of Consumer Affairs. Lynn has earned everything in her life through hard work. She has successfully raised a family of three step children, the oldest is on active duty in the Marine Corp, and the youngest, Stacy, is now nearly 16 years old. She has maintained a full time 50 hour per week practice prior to beginning her campaign and being with us this whole year. During the 22 years, Lynn has worked in the legal profession. She has successfully dealt with hundreds of lawyers and helped approximately 1500 clients. Lynn's contributions to the ALJ division would be to bring a broad range of practical experience, work ethic, sense of humor and tough plight administrative skills to bear. She is intellectually, physically and emotionally well qualified. She urges each of you to consider her based on her accumulative experience, her general reputation your own impression and judgement of her. I am honored to now place in nomination for the position of Administrative Law Judge, the name of V. Lynn Wiggins of Columbia."

Rep. WRIGHT nominated Mr. Ray Stevens as follows:

"Thank you Mr. President, ladies and gentlemen of the Joint Assembly... It is my privilege today to place in nomination the name of Ray N. Stevens for the position of Administrative Law Judge, Seat No. 5. A lot of you have met Ray, over the past couple of years, and have gotten to know him. He has prepared himself extremely well to assume the duties he now seeks. He received an undergraduate degree from the University of South Carolina and received a Bachelor's of Science Degree in Accounting. Ray finished in the top 5 percent of his graduating class and ranked 14th among all graduates of the business school. In addition, Ray obtained a Masters in Business Administration Degree from the University of South Carolina and earned this degree while working full time. In 1977, Ray earned his Law Degree from the University of South Carolina and began the private practice of law in Chattanooga, Tennessee. The firm with which Ray was associated was a 25 member law firm concentrating in business and corporate law with an emphasis in taxation. Ray successfully represented clients before the Internal Revenue Service, the Securities and Exchange Commission, and numerous state and local taxing authorities. In his practice, he prepared defenses for clients with issues as varied as criminal charges for federal income tax evasion, allegations of securities violations, and even such exotic and exciting challenges as defending deductions claimed by coal mine operators for depletion allowances. Ray gave up a lucrative and promising career in Tennessee in order to return to his home state of South Carolina. Upon leaving the Tennessee law firm, Ray's work ethic and dedication to quality

Printed Page 1854 . . . . . Tuesday, March 21, 1995
performance had earned him the distinction of having `legitimately' billed more annual hours than any new attorney in the history of the firm. A desire to return to South Carolina, however, lead Ray and his family back home. After obtaining a Masters in Tax Law from the Law School of the College of William and Mary, Ray chose to practice law in the public sector and began as a staff attorney with the S. C. Attorney General's office in 1980. While Ray began as an entry level staff attorney in 1980, by January of 1984, Ray's abilities and dedication to excellence had caused him to advance to the position of Assistant Director of the Tax Division, of the Attorney General's office. In that position, Ray assumed even greater responsibility for many of the more challenging issues arising from defending the tax laws enacted by the General Assembly. As a part of those increased duties, in 1985 Ray successfully argued to the United States Supreme Court that the Federal Government could not mandate, to either the General Assembly or South Carolina's state courts, that the State adopt a federally imposed method for challenging state taxing statutes. The position established by Ray in his defense of South Carolina's laws has been adopted by numerous states in similar litigation. Ray's dedication and outstanding performance has continued to serve this State well. In July of 1992, Ray was named by the Attorney General as a Chief Deputy Attorney General and was designated the Director of the Attorney General's Tax Division. In that capacity Ray has directed the extensive litigation and advisory functions of a staff of six attorneys along with a corresponding paralegal and clerical support staff. While Ray's work defending statutes enacted by the General Assembly has primarily benefitted South Carolina, his expertise and reputation has extended beyond the borders of this State. He has written several articles on state taxation and state litigation for national publications and he has spoken at several national tax forums. His clear writing style has been recognized by the national publication State Tax Notes when that publication chose to reproduce in its entirety one of the briefs Ray recently submitted to the United States Supreme Court. His expertise as a litigator and speaker have been recognized by his serving as a founding member of the advisory board to Vanderbilt University's Paul J. Hartman, National Tax Forum. While Ray has certainly distinguished himself in the academic and professional world, he is equally at home with the day to day events of ordinary South Carolinians for at heart that is exactly what he is. He is the father of three children and the husband of one wife. He knows both the joys and the agony of serving as Vice President and then President of an elementary school PTO. He recognizes the responsibility and the duty to give time to his community with range of activities from coaching boys
Printed Page 1855 . . . . . Tuesday, March 21, 1995
soccer to serving as an officer in a neighborhood civic association. He is an active participant in his church. He teaches an adult Sunday School Class and on Friday nights serves the needs of elderly residents at a local retirement home here in Columbia. It is for all of these reasons and more, that it is my privilege and pleasure to submit into nomination the name of Ray N. Stevens for the position of Administrative Law Judge, Seat #5. Thank you."

On motion of Senator McConnell, 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 Mr. Stevens:

Alexander         Bryan            Cork
Courson           Drummond         Giese
Glover            Gregory          Hayes
Jackson           Land             Lander
Leventis          Martin           Matthews
McConnell         McGill           Mescher
Moore             Patterson        Richter
Russell           Saleeby          Short
Smith, G.         Thomas           Waldrep
Washington

TOTAL--28

The following named Senators voted for Ms. Wiggins:

Courtney          Peeler           Reese
Wilson

TOTAL--4

The following named Senator abstained from voting:

Passailaigue

TOTAL--1


Printed Page 1856 . . . . . Tuesday, March 21, 1995
On motion of Rep. WILKINS, the members of the House voted by electric roll call.

The following named Representatives voted for Mr. Stevens:

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, H.
Brown, J.        Brown, T.        Byrd
Cain             Canty            Cato
Clyburn          Cobb-Hunter      Cooper
Easterday        Fair             Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Herdklotz        Hines
Howard           Inabinett        Jennings
Keegan           Keyserling       Kirsh
Lanford          Limbaugh         Limehouse
Littlejohn       Lloyd            Mason
McCraw           McKay            McMahand
McTeer           Meacham          Neal
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Scott
Seithel          Sharpe           Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Stuart           Townsend
Tripp            Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.

Total--85

The following named Representatives voted for Ms. Wiggins:

Brown, G.        Carnell          Cave
Chamblee         Cotty            Cromer
Dantzler         Elliott          Harvin
Hutson           Kelley           Knotts

Printed Page 1857 . . . . . Tuesday, March 21, 1995
Koon             Law              McAbee
Moody-Lawrence   Sandifer         Shissias
Stille

Total--19

RECAPITULATION

Total number of Senators voting . . 32
Total number of Representatives voting 104
Grand Total . . . . . . . . . . . . 136
Necessary to a choice . . . . . . 69
Of which Mr. Stevens received . . 113
Of which Ms. Wiggins received . . . . 23

Whereupon, the President announced that Mr. Ray Stevens, having received a majority of the votes cast, was duly elected for the term prescribed by law.

RECORD FOR JOURNAL

Please let the record of the Joint Assembly reflect that I abstained from voting in the election of a judge of the Administrative Law Judge Division and the elections for Circuit Judges from the Ninth and Twelfth Judicial Circuits.

Rep. JOSEPH T. McELVEEN, JR.

ELECTION OF THE LEGISLATIVE

AUDIT COUNCIL MEMBERS

Rep. COOPER, on behalf of the Legislative Audit Council Nominating Committee, nominated Mr. Philip F. Laughridge of Columbia, Mr. Richard S. Beltram of Spartanburg, Mr. Julian B. Wright of Bennettsville, Mr. Harry C. Wilson, Jr. of Sumter and Mr. Bennette Cornwall of Greenville.

Senator Bryan addressed remarks to the Joint Assembly.

Senator Leventis moved that the election be carried over.

Rep. COOPER moved to table the motion to carry over.

Senator Bryan moved that the Joint Assembly stand adjourned.

The Joint Assembly refused to adjourn.

Printed Page 1858 . . . . . Tuesday, March 21, 1995
PARLIAMENTARY INQUIRY

Senator Moore was recognized and pointed out that the result of the voice vote was obvious to the contrary, and, asked unanimous consent to make a motion for a division vote.

There was no objection.

The President called for a division.

Rep. QUINN moved for a roll call vote.

POINT OF ORDER

Senator Moore raised a Point of Order that the motion for a roll call vote was out of order inasmuch as the division had been ordered and the Clerks were in the process of taking the vote.

The President sustained the Point of Order.

POINT OF ORDER

Rep. QUINN raised a Point of Order that the motion requesting a division was out of order inasmuch as the President had announced the results of the voice vote on adjournment.

The President stated that the division vote was a unanimous consent request and that there was no objection.

So, the motion to adjourn was agreed to by a division vote of 68 to 56.

STATEMENT FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Subject: Election of Administrative Law Judge

The reason for abstaining on the above reference legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JOHN G. FELDER

Printed Page 1859 . . . . . Tuesday, March 21, 1995
STATEMENT FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Subject: Administrative Law Judge Election

The reason for abstaining on the above reference legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JAMES H. HARRISON

STATEMENT FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Subject: Administrative Law Judge Election

The reason for abstaining on the above reference legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. TERRY E. HASKINS

STATEMENT FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Subject: Administrative Law Judge Election

The reason for abstaining on the above reference legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or

Printed Page 1860 . . . . . Tuesday, March 21, 1995
commission by me or an individual or business with whom I am associated within the past year.

Rep. THOMAS E. HUFF

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