Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 3791, June 26 | Printed Page 3810, June 27 |

Printed Page 3800 . . . . . Wednesday, June 26, 1996

Reappointment, Laurens County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Glynda L. Tucker, Route 3, Box 152, Gray Court, S.C. 29645

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

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Mr. Barry Joe Barnette, 115 Beechwood Drive, Spartanburg, S.C. 29307-2232 VICE Joseph T. Petty (resigned)

EXECUTIVE SESSION

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS

Confirmations

Having been reported favorably from Executive Session, on motion of Senator THOMAS, with unanimous consent, the following appointments were confirmed:

Reappointment, Juvenile Parole Board, with term to commence June 30, 1995, and to expire June 30, 1999:

At-Large:

Mr. W.C. Jenkins, 3300 Ebenezer Chase Drive, Florence, S.C. 29501

Initial Appointment, Crime Victims' Ombudsman, with term to commence November 1, 1995, and to expire at the pleasure of the Governor:

Mr. Burton W. Fowles, Jr., 2502 Burney Drive, Columbia, S.C. 29205

MOTION ADOPTED

On motion of Senators RYBERG and PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Clyde Moultrie Dangerfield, former member of the House of Representatives from the Isle of Palms, S.C.


Printed Page 3801 . . . . . Wednesday, June 26, 1996

MOTION ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George N. Dorn, Sr. of McCormick, S.C., beloved father of George N. Dorn, Jr., Analyst with the Budget and Control Board.

ADJOURNMENT

At 4:10 P.M., on motion of Senator DRUMMOND, the Senate adjourned Sine Die in accordance with H. 5041, the Sine Die Resolution.

* * *


Printed Page 3802 . . . . . Thursday, June 27, 1996

JOURNAL

of the

SENATE

of the

STATE OF SOUTH CAROLINA

----------

Extra Session Beginning Thursday, June 27, 1996

----------

Thursday, June 27, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The extra session of the One Hundred and Eleventh General Assembly of the State of South Carolina, begun and holden at Columbia in the Carolina Plaza on the fourth Thursday in June being the twenty-seventh of the month.

Pursuant to the Executive Order No. 96-11 of the Governor, as follows, the members of the Senate assembled this day in the Senate Chamber at 10:00 A.M.:

STATE OF SOUTH CAROLINA

EXECUTIVE DEPARTMENT

Office of the Governor

Executive Order No. 96-11

WHEREAS, the General Assembly of the State of South Carolina has pending before it several matters of great importance, including the Rural Development Act of 1996 and the African-American History Monument bill; and

WHEREAS, substantial agreement has been achieved on matters relating to these bills, but no such consensus has been achieved on other matters before the General Assembly; and


Printed Page 3803 . . . . . Thursday, June 27, 1996

WHEREAS, the South Carolina Constitution empowers me to convene the General Assembly in extra session on such extraordinary occasions; and

WHEREAS, it appears necessary to convene an extra session to deal with those matters on which consensus has been achieved before the next session of the General Assembly.

NOW, THEREFORE, pursuant to the powers conferred upon me by the Constitution and Statutes of the State of South Carolina, and by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extra session of the General Assembly of South Carolina to convene at the State House in Columbia on Thursday, June 27, 1996, at 10:00 am.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 26TH DAY OF JUNE, 1996.
/s/David M. Beasley
Governor

Attest:
/s/James M. Miles
Secretary of State

The Senate was called to order by the PRESIDENT.

Proceedings were opened with prayer by the Chaplain as follows:

Beloved, hear the words that St. Paul wrote to young Timothy (I Tim. 1:17):

"To the King of the ages, immortal, invisible, the only God, be honor and glory forever and ever. Amen."

Let us pray.

Almighty God, whose ways are beyond our ways, we thank You that among the values of this world that change there are those values that never change.

We call them: ETERNAL VERITIES!

They are moral and spiritual absolutes that we violate at our own individual and corporate peril.

Help us to steer our course each day that we live by those stars of reality.

We pray in the Name of God of Moses!

Amen.


Printed Page 3804 . . . . . Thursday, June 27, 1996

For the purpose of maintaining a permanent record of the matters before the Senate, the Calendar for the Extra Session was printed in the Journal as follows:

SENATE TO MEET AT 10:00 A.M. TODAY

. . . . .NO. 1

CALENDAR

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

EXTRA SESSION

BEGINNING THURSDAY, JUNE 27, 1996

-------------------

THURSDAY, JUNE 27, 1996


Printed Page 3805 . . . . . Thursday, June 27, 1996

Thursday, June 27, 1996

INTERRUPTED DEBATE

(Placed in interrupted debate status and continued, Thursday, June 26, 1996)
H. 3203--Rep. Stuart: A BILL TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT, AND TO FURTHER DIRECT THE COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR AN AFRICAN-AMERICAN HISTORY MUSEUM.

(Read the first time--January 23, 1996)

(Reported by Committee on Education--February 29, 1996)

(Favorable with amendments)

(Committee Amendment Adopted--May 7, 1996)

(Read the second time--May 7, 1996)

(Amended--June 26, 1996)

(Placed in the status of Interrupted Debate--June 26, 1996)

(Continued--June 26, 1996)

MOTION PERIOD

SPECIAL ORDER

Made Special Order Thursday, May 9, 1996, following all other Special Orders:
S. 1322--Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS


Printed Page 3806 . . . . . Thursday, June 27, 1996

DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

(Without reference--April 3, 1996)

(Read the second time--May 1, 1996)

(Notice of general amendments)

(Continued--May 23, 1996)

(Senators Reese and Richter desire to be present.)

STATEWIDE THIRD READING BILL

H. 4861--Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

(Read the first time--May 2, 1996)

(Recalled from Committee on Labor, Commerce and Industry--May 23, 1996)

(Amended--June 13, 1996)

(Read the second time--June 13, 1996)

(Continued--June 26, 1996)

RECESS

At 10:05 A.M., on motion of Senator GIESE, the Senate receded from business not to exceed fifteen minutes.

At 10:30 A.M., the Senate resumed.


Printed Page 3807 . . . . . Thursday, June 27, 1996

Motion Adopted

Senator LAND asked unanimous consent to make a motion that Senator HUTTO be granted leave to be recorded as voting in favor of the adoption of the Reports of the Committees of Conference on H. 4706 and H. 3515 if there were roll call votes taken.

There was no objection.

CITY OF MYRTLE BEACH

May 20, 1996
Mr. Frank B. Caggiano
Clerk of the Senate
P.O. Box 142
Columbia, S.C. 29202

Dear Mr. Caggiano:

We are transmitting herewith for confirmation, a reappointment to the Myrtle Beach Air Force Base Redevelopment Authority. This reappointment is submitted for the advice and consent of the Senate. Please be good enough to advise us when the reappointment has been confirmed.

Local Appointment

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 1996, and to expire June 30, 2000:

City of Myrtle Beach:

John C. Stewart, Jr., 2411 Oak St., Suite 301, Myrtle Beach, S.C. 29577

Respectfully,
Robert M. Grissom, Mayor

Received as information.


Printed Page 3808 . . . . . Thursday, June 27, 1996

CITY OF MYRTLE BEACH

May 20, 1996
Mr. Frank B. Caggiano
Clerk of the Senate
P.O. Box 142
Columbia, S.C. 29202

Dear Mr. Caggiano:

We are transmitting herewith for confirmation, a reappointment to the Myrtle Beach Air Force Base Redevelopment Authority. This reappointment is submitted for the advice and consent of the Senate. Please be good enough to advise us when the reappointment has been confirmed.

Local Appointment

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 1996, and to expire June 30, 2000:

City of Myrtle Beach:

William Smith, Jr., 1311 Hemingway Street, Myrtle Beach, S.C. 29577

Respectfully,
Robert M. Grissom, Mayor

Received as information.

Leave of Absence

On motion of Senator LAND, at 10:00 A.M., Senator HUTTO was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

Amended and Adopted

H. 5108 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend: A CONCURRENT RESOLUTION TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY DURING THE EXTRA SESSION OF THE GENERAL ASSEMBLY BEGINNING THURSDAY, JUNE 27, 1996, AND PROVIDE THAT THIS EXTRA SESSION OF THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 27, 1996, NO LATER THAN 5:00 P.M. UNLESS


Printed Page 3809 . . . . . Thursday, June 27, 1996

EXTENDED BY CONCURRENT RESOLUTION ADOPTED BY A TWO-THIRDS VOTE OF BOTH HOUSES WHICH RESOLUTION MAY PROVIDE ONLY FOR THE CONSIDERATION OF THE SAME MATTERS THE EXTRA SESSION WAS AUTHORIZED TO CONSIDER AS PROVIDED ABOVE.

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

That during the extra session of the General Assembly beginning at 10:00 a.m., Thursday, June 27, 1996, the only matters that may be taken up by the General Assembly are the following:

(1) consideration of gubernatorial vetoes;

(2) receipt and confirmation of appointments;

(3) consideration of H.4706, including the receipt of and action on any conference or free conference reports;

(4) consideration of H.3515, including the receipt of and action on any conference or free conference reports;

(5) consideration of H.3203, including the receipt of and action on any conference or free conference reports;

(6) ratification of acts;

(7) consideration of local matters which has the unanimous consent of the affected delegation.

Be it further resolved that the extra session of the General Assembly convened at 10:00 a.m. on June 27, 1996, shall stand adjourned sine die no later than 5:00 p.m. on Thursday, June 27, 1996, unless extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives, provided that such extension resolution may provide only for the consideration of those matters set forth in items (1) through (7).

Senator McCONNELL asked unanimous consent to make a motion to take up the Concurrent Resolution for immediate consideration.

There was no objection.

READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.


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