South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Wednesday, April 23, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:30 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 the Prophet Isaiah say to his people sixty-eight generations ago, Chapter 60 (v.19):
"The sun shall no longer be your light by day,
Nor for brightness shall the moon give light
to you by night;
But the Lord will be your everlasting light,
And your God will be your glory."
Let us pray.
Lord God, our Father, You are the God of all the ages.
We are so often tortured by the severity and the acuteness of our immediate problems. Help us to see them in the light of the long run... in the light of the ages.
May this long-view, and Your faithfulness, take the sting out of today's bite.
Be unto us our light for today... and forever... and Yours will be the glory.
Amen.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

April 16, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, McCormick County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Donald R. Neal, Route 1, Box 116, McCormick, S.C. 29835 VICE Jake O. Trantham (resigned)

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1945
Promulgated by Board of Education
43-205. Administrative and Professional Personnel Qualifications, Duties and Workloads
Received by Lt. Governor May 22, 1996
Referred to Senate Committee on Education
120 day review expiration date revised May 12, 1997
Withdrawn and resubmitted April 22, 1997

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2170
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Construction, Demolition and Land-Clearing Debris Landfills
Received by Lt. Governor April 21, 1997
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 19, 1997
(Subject to Sine Die Revision)

Document No. 2173
Promulgated by Commission on Higher Education
Performance Funding 1998 and Subsequent Years
Received by Lt. Governor April 22, 1997
Referred to the Senate Committee on Education
120 day review expiration date August 20, 1997
(Subject to Sine Die Revision)

Document No. 2197
Promulgated by Commission on Higher Education
Performance Funding (FY 1997-1998)
Received by Lt. Governor April 22, 1997
Referred to the Senate Committee on Education
120 day review expiration date August 20, 1997
(Subject to Sine Die Revision)

Doctor of the Day

Senator MARTIN introduced Dr. Stanley C. Baker of Greenwood, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 686 (Word version) -- Senators Land and Holland: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".
Read the first time and referred to the Committee on Judiciary.

S. 687 (Word version) -- Senators Jackson and Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE MR. LARRY DOBY, A NATIVE SOUTH CAROLINIAN, ON THE OCCASION OF THE 50TH ANNIVERSARY OF HIS INTEGRATION OF MAJOR LEAGUE BASEBALL'S AMERICAN LEAGUE.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 688 (Word version) -- Senators Holland, Courson and Rankin: A CONCURRENT RESOLUTION TO EXTEND UNTIL THE BEGINNING OF THE 1998 LEGISLATIVE SESSION THE TIME BY WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA MUST PRESENT ITS REPORT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT AFTER SUBMITTING ITS REPORT AND PROPOSED LEGISLATION THAT THE STUDY COMMITTEE BE DISSOLVED MAY 1, 1998.
Whereas, the Magistrates Study Committee, established in 1996 by concurrent resolution S. 1432 and extended in 1997 by concurrent resolution S. 199, requires additional time in order to receive information from the State Retirement Systems and other groups from which the study committee has solicited recommendations. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the time by which the Magistrates Study Committee shall submit its report to the General Assembly be extended from May 1, 1997, to the beginning of the 1998 Legislative Session; and that after submitting its report and proposed legislation the study committee shall be dissolved on May 1, 1998.

Introduced and referred to the Committee on Judiciary.

S. 689 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-140 SO TO ENACT THE PUBLIC SCHOOL DISTRICT EMPLOYEE GRIEVANCE PROCEDURE ACT, TO PROVIDE FOR THE ADOPTION OF A GRIEVANCE PLAN, THE ESTABLISHMENT OF A GRIEVANCE COMMITTEE, AND PROVIDE FOR THE POWERS OF THE COMMITTEE.
Read the first time and referred to the Committee on Education.

S. 690 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE GRATITUDE FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. CLIVE CUSSLER FOR HIS DISCOVERY OF THE H. L. HUNLEY AND FOR HIS CONTINUING DEVOTION TO THE HUNLEY AND ITS CREW.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 691 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE APPRECIATION FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BROKERAGE FIRM OF STERNE, AGEE AND LEACH FOR TAKING THE LEAD TO INVOLVE CORPORATE AMERICA IN THE EFFORT TO PRESERVE, RAISE, AND DISPLAY THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was adopted, ordered sent to the House.

H. 3506 (Word version) -- Reps. Wilkins, Sharpe, Cobb-Hunter, Harrison, Cooper, Campsen and Hodges: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND AGENCIES, BOARDS, AND COMMISSIONS TRANSFERRED TO THE DEPARTMENT PURSUANT TO THE GOVERNMENT RESTRUCTURING ACT OF 1993, SO AS TO PROVIDE THAT THE COASTAL COUNCIL MAY BE RELOCATED WITHIN THE DEPARTMENT BUT MUST CONTINUE AS AN ORGANIZATIONAL UNIT AND AT OR ABOVE THE BUREAU LEVEL.
Read the first time and referred to the Committee on Judiciary.

H. 3744 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Introduced and referred to the Committee on Medical Affairs.

H. 3788 (Word version) -- Reps. Wilder, Stoddard and Carnell: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES THROUGH SCHOOL YEAR 2000-01 BY UP TO TEN MILLS A YEAR INCLUDING ANY MILLAGE SUFFICIENT TO MEET STATE-IMPOSED MAINTENANCE OF LOCAL EFFORT REQUIREMENTS, TO PROVIDE FOR FULL FISCAL AUTONOMY FOR THESE BOARDS FOR THE IMPOSITION OF SCHOOL TAXES FOR SCHOOL YEARS AFTER 2000-01, TO REQUIRE A "POSITIVE MAJORITY" OF THESE BOARDS TO APPROVE THE ANNUAL SCHOOL MILLAGE, AND TO DEFINE "POSITIVE MAJORITY".
Read the first time and placed on the local and uncontested Calendar.

H. 4040 (Word version) -- Reps. Kinon, M. Hines and Jennings: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND ENDING JUNE 30, 1998.
Read the first time and placed on the local and uncontested Calendar.

H. 4041 (Word version) -- Rep. Jennings: A BILL TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY SPECIAL ELECTION CALLED BY THE BOARD RATHER THAN BY AN APPOINTMENT MADE BY THE BOARD.
Read the first time and placed on the local and uncontested Calendar.

H. 4049 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF PHILLIP RAY WILSON OF SPARTANBURG, ATHLETIC DIRECTOR AT SPARTANBURG HIGH SCHOOL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4064 (Word version) -- Rep. McMahand and F. Smith: A CONCURRENT RESOLUTION TO COMMEND DR. JOHN T. BERRY OF GREENVILLE, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PASTORS, UPON HIS ELECTION AS MODERATOR OF THE ENOREE RIVER BAPTIST ASSOCIATION AND FOR HIS SERVICE AS THE HOST OF THE STATE USHERS AUXILIARY OF THE BAPTIST EDUCATION MISSIONARY CONVENTION TO BE HELD IN GREENVILLE IN MAY, 1997.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4065 (Word version) -- Reps. Canty, G. Brown, Neal, Woodrum and Young: A CONCURRENT RESOLUTION TO CONGRATULATE NEW COVENANT PRESBYTERIAN CHURCH (USA) OF SUMTER COUNTY ON THE OCCASION OF THE DEDICATION OF ITS NEWLY CONSTRUCTED SANCTUARY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4066 (Word version) -- Rep. Bauer: A CONCURRENT RESOLUTION TO RECOGNIZE COACH PHIL SAVITZ, HEAD COACH OF IRMO HIGH SCHOOL BOYS' SOCCER TEAM, FOR HIS LONG TENURE AND NOTEWORTHY ACHIEVEMENTS IN HIGH SCHOOL SOCCER.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4068 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THOSE "SOUTH CAROLINA SEMESTER PROGRAM" STUDENTS WHO SERVED SO EFFECTIVELY AS LEGISLATIVE INTERNS IN THE HOUSE OF REPRESENTATIVES, THE SENATE, AND THE GOVERNOR'S OFFICE DURING THE 1997 LEGISLATIVE SESSION.
Whereas, the members of the General Assembly were pleased to note that ten outstanding University of South Carolina students served as South Carolina Semester Program Legislative Interns during the 1997 Legislative Session; and
Whereas, they served with great distinction and honor in performing the tasks of legislative interns, providing vital assistance to the work of the House of Representatives and the Senate, as well as the Executive Branch; and
Whereas, it is appropriate for the members of the General Assembly to pause in their deliberations so that they might take a moment to express their appreciation for the distinguished service of Evonne Bennett, Jessica Boney, Christy Decker, Katy Donovan, Keisha Jeter, Tajuana Massie, Jenna Rowell, Jennifer Savage, Tammy Skeete, and Ernestine Walker. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their appreciation to those South Carolina Semester Students who served so efficiently and effectively as legislative interns in the House of Representatives, the Senate, and the Governor's Office during the 1997 Legislative Session.
Be it further resolved that a copy of this resolution be forwarded to each of the South Carolina Semester Program Legislative Interns named in this resolution.

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

H. 4070 (Word version) -- Rep. Kelley: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MYRTLE BEACH HIGH SCHOOL "LADY SEAHAWKS" BASKETBALL TEAM AND THEIR COACHES ON AN EXCEPTIONAL SEASON AND ON WINNING THE 1996-97 CLASS AAA GIRLS STATE BASKETBALL CHAMPIONSHIP.
Whereas, the Myrtle Beach Girls Basketball Team defeated Central Daniel 49-39 at the Carolina Coliseum to claim the 1996-97 Class AAA Girls State Basketball Championship; and
Whereas, the Lady Seahawks also captured the Region VI-AAA Conference Championship and the Lower State Championship; and
Whereas, they finished the 1996-97 season with an outstanding 22-5 record; and
Whereas, Head Coach Lynn Smith and Assistant Coaches Richard Arroyo and Britanna Canty exhibited tremendous leadership and unity throughout the season and are richly deserving of recognition; and
Whereas, the hard work and dedication by Coach Smith culminated as she was selected as the 1996-97 High School League Coach of the Year; and
Whereas, the Myrtle Beach Lady Seahawks Basketball Team included the following young ladies: Ebony Gore, Lucy Sturdivant, Koretha Johnson, Mira Bellamy, Felicia Hemingway, Shannon Callihan, Crystal Chestnut, Kristen Cooke, and Jessica Seitz; and
Whereas, the accomplishments of this fine group of athletes this season has brought long-deserved recognition not only upon themselves, but upon their school, county, and the State of South Carolina as well; and
Whereas, the Lady Seahawks of Myrtle Beach High School have added to its history in the manner they finished the 1996-97 season. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, congratulate the Myrtle Beach High School "Lady Seahawks" Basketball Team and their coaches on an exceptional season and on winning the 1996-97 Class AAA Girls State Basketball Championship.
Be it further resolved that copies of this resolution be presented to Head Coach Lynn Smith of the Myrtle Beach High School Girls Basketball Team and to Ed Curlee, Principal of Myrtle Beach High School.

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

REPORTS OF STANDING COMMITTEE

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 220 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR GAMBLING, ILLEGAL POSSESSION OR SALE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.
Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 303 (Word version) -- Senators Courtney and Land: A BILL TO AMEND SECTION 42-1-415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT IF A CONTRACTOR OR SUBCONTRACTOR HAS SO REPRESENTED HIMSELF AND THAT IF THAT EMPLOYER IS UNINSURED, REGARDLESS OF THE NUMBER OF EMPLOYEES THE EMPLOYER HAS, THE HIGHER TIER SUBCONTRACTOR, CONTRACTOR, PROJECT OWNER, OR HIS INSURANCE CARRIER SHALL IN THE FIRST INSTANCE PAY ALL AWARDS OF COMPENSATION AND MEDICAL BENEFITS.
Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 618 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF THE JUDGE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 620 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-56-55 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT DO NOT APPLY TO PARENT-TEACHER ASSOCIATIONS AFFILIATED WITH ANY SCHOOL OR TO STATE OR LOCAL CHAMBERS OF COMMERCE.
Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
S. 627 (Word version) -- Senator Courtney: A BILL TO AMEND CHAPTER 6, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-143, SO AS TO PROVIDE THAT A COMMISSIONED TROOPER OR OFFICER OF THE DEPARTMENT MAY WEAR HIS UNIFORM AND USE HIS WEAPON WHILE PERFORMING A PRIVATE JOB IN HIS OFF-DUTY HOURS.
Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

S. 641 (Word version) -- Senators Holland and Bryan: A BILL TO AMEND TITLE 62, CHAPTERS ONE, TWO, THREE, FIVE, SEVEN, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY NUMEROUS PROVISIONS REGARDING A DECEDANT'S ESTATE, DEFINITIONS, AND THE JURISDICTION OF THE PROBATE COURT; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARITY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS. (Abbreviated Title)
Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 3452 (Word version) -- Reps. Miller, McMaster, Moody-Lawrence, Townsend, Hinson, Knotts, Cotty, Neal, Barrett, Battle, T. Brown, Trotter, Maddox, Stille, Stoddard, Witherspoon, Lloyd, J. Smith, Kennedy, Pinckney, Delleney, Rice, Kelley, Edge, Woodrum, Keegan, Martin, Webb, Parks, Carnell, Rhoad, Jordan, Rodgers, Meacham, Young-Brickell, Howard, Simrill, Spearman, Bowers, Koon and Harvin: A BILL TO AMEND SECTION 14-7-845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE FOR OPTIONAL POSTPONEMENT OF JURY SERVICE FOR SCHOOL EMPLOYEES.
Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3541 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 20-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHOTOGRAPHS, X-RAYS, AND OTHER MEDICAL EXAMINATIONS OF AREAS OF TRAUMA VISIBLE ON A CHILD SUBJECT TO A REPORT OF SUSPECTED CHILD ABUSE, SO AS TO PROVIDE THAT COPIES OF ALL PHOTOGRAPHS, NEGATIVES, RADIOLOGICAL, AND OTHER MEDICAL REPORTS MUST BE SENT TO THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN THE ORIGINALS OF ALL PHOTOGRAPHS, NEGATIVES, AND REPORTS AT THE TIME A REPORT PURSUANT TO SECTION 20-7-510 IS MADE, OR AS SOON AS POSSIBLE AFTER THE REPORT IS MADE.
Ordered for consideration tomorrow.

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

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 be changed to that of an Act and enrolled for Ratification:

H. 3404 (Word version) -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Fleming and Klauber: A BILL TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO, AMONG OTHER THINGS, AUTHORIZE, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT SUCH PROCEDURES; AND TO REPEAL SECTION 58-37-40, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND INTEGRATED RESOURCE PLANS.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 594 (Word version) -- Senator Ryberg: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BICYCLISTS, BY ADDING SECTION 56-5-3510, SO AS TO AUTHORIZE AN AUTHORIZED POLICE PATROL BICYCLE USED AS A PART OF A POLICE BICYCLE PATROL TO EXERCISE THE PRIVILEGES OF AN EMERGENCY VEHICLE, TO AUTHORIZE THE BICYCLE TO BE EQUIPPED WITH A SIREN OR THE OFFICER TO USE A WHISTLE, OR BOTH, AND TO AUTHORIZE THE BICYCLE TO ACT AS AN ACTING EMERGENCY VEHICLE IF IT MAKES USE OF AN AUTHORIZED AUDIBLE SIGNAL OR AUTHORIZED VISUAL SIGNALS; AND TO AMEND SECTION 56-5-3480, RELATING TO THE PROHIBITION ON THE USE OF SIRENS AND WHISTLES ON BICYCLES, SO AS TO EXEMPT AUTHORIZED POLICE PATROL BICYCLES FROM THIS PROHIBITION.
(By prior motion of Senator RYBERG, with unanimous consent)

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

H. 3153 (Word version) -- Reps. Simrill and Haskins: A BILL TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.

S. 552 (Word version) -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING AN APPROPRIATELY LETTERED ITEM TO THE END OF SECTION 56-5-4140 RELATING TO COTTON MODULAR LOADS SO AS TO PROVIDE FOR THE HARVESTING AND TRANSPORTING OF AGRICULTURAL PRODUCTS AND BY AMENDING SECTION 57-3-160 RELATING TO PERMITS FOR COTTON MODULAR VEHICLES SO AS TO ALLOW THE WIDTH TO BE INCREASED FROM ONE HUNDRED SEVEN INCHES TO ONE HUNDRED TEN INCHES FOR PERMITTING PURPOSES.

ADOPTED

S. 684 (Word version) -- Senators Drummond and Martin: A CONCURRENT RESOLUTION TO RECOGNIZE THURSDAY, APRIL 24, 1997, AS "TAKE OUR DAUGHTERS TO WORK DAY" AND TO COMMEND EMPLOYERS AND THOSE PARTICIPATING FOR CREATING AN OPPORTUNITY FOR YOUNG WOMEN TO BEGIN LOOKING TO THEIR FUTURES IN THE WORK FORCE WITH REALISM AND OPTIMISM.
The Concurrent Resolution was adopted and sent to the House.

CARRIED OVER

S. 657 (Word version) -- Senators Setzler, Courson and Giese: A SENATE RESOLUTION INVITING THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM, SOUTHEASTERN CONFERENCE REGULAR SEASON CHAMPIONS FOR 1997, HEAD COACH EDDIE FOGLER AND THE ASSISTANT COACHES AND STAFF TO THE GALLERY OF THE SENATE ON WEDNESDAY, APRIL 30, 1997, TO BE RECOGNIZED FOR THEIR ACCOMPLISHMENTS DURING THE 1996-97 SEASON.
On motion of Senator COURSON, the Senate Resolution was carried over.

Committee to Escort

The PRESIDENT appointed Senators WILLIAMS, HUTTO, MATTHEWS, CORK and MESCHER to escort the winners of the 1997 Folk Heritage Awards and members of their party to the House Chamber for the Joint Assembly.

RECESS

At 10:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Election to Boards of Trustees

At 11:00 A.M., the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 3946 (Word version) -- Reps. Stoddard, Phillips, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 23, 1997, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, COASTAL CAROLINA UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1997 OR WHOSE OFFICES OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Election of Members to the Board of Trustees
for Coastal Carolina University
1st Congressional District, Seat #2

The PRESIDENT announced that nominations were in order for the Board of Trustees for the Coastal Carolina University, 1st Congressional District, Seat #2.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Delan Stevens of Conway had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. Delan Stevens was placed in nomination.
On motion of Rep. Kelley, with unanimous consent, a roll call vote was requested.
The question before the body was whether to elect Mr. Stevens to the Board of Trustees for Coastal Carolina University, 1st Congressional District, Seat #2.

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

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

Ayes 34; Nays 0

AYES

Alexander                 Anderson                  Bryan
Cork                      Courson                   Courtney
Drummond                  Giese                     Gregory
Hayes                     Hutto                     Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Ryberg
Saleeby                   Setzler                   Short
Thomas                    Washington                Williams
Wilson

TOTAL--34

NAYS

TOTAL--0

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

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

Ayes 24; Nays 71

The following named Representatives voted yes:

Askins                 Battle                 Breeland
Felder                 Harrell                Hines, J.
Hines, M.              Jennings               Kennedy
Kinon                  Klauber                Limehouse
Littlejohn             Lloyd                  Loftis
Miller                 Rice                   Sheheen
Spearman               Stoddard               Tripp
Walker                 Witherspoon            Woodrum

Total--24

The following named Representatives voted no:

Allison                Altman                 Barfield
Barrett                Beck                   Bowers
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Cave                   Cooper                 Cotty
Cromer                 Davenport              Delleney
Easterday              Edge                   Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrison               Harvin
Haskins                Hawkins                Hinson
Hodges                 Howard                 Jordan
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Mack                   Maddox
Mason                  McCraw                 McKay
McLeod                 McMahand               McMaster
Meacham                Mullen                 Neal
Neilson                Parks                  Phillips
Quinn                  Robinson               Rodgers
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Townsend               Trotter
Whatley                Whipper

Total--71

RECAPITULATION

Total number of Senators voting   34
Total number of Representatives voting   95
Grand Total   129
Necessary to a choice   65
Of which Mr. Stevens received   58

Not having received the requisite number of votes, the PRESIDENT announced that Mr. Stevens was not elected to the Board of Trustees for Coastal Carolina University, 1st Congressional District, Seat #2.

Rep. Stoddard announced that screening would re-open today for those individuals seeking a position on the Board of Trustees for Coastal Carolina, 1st Congressional District, Seat #2, and close next Thursday, May 1, 1997.

2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order for the Board of Trustees for the Coastal Carolina University, 2nd Congressional District, Seat #4.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Dr. James F. Kane of Columbia had been screened and found qualified.
On motion of Rep. Stoddard, the name of Dr. James F. Kane was placed in nomination.
On motion of Rep. Stoddard, the 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 F. Kane was duly elected to the Board of Trustees for the Coastal Carolina University, 2nd Congressional District, Seat #4, for the term prescribed by law.

3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order for the Board of Trustees for the Coastal Carolina University, 3rd Congressional District, Seat #6.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. William L. Lyles, Jr. of Anderson had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. William L. Lyles, Jr. was placed in nomination.
On motion of Rep. Stoddard, the 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 William L. Lyles, Jr. was duly elected to the Board of Trustees for the Coastal Carolina University, 3rd Congressional District, Seat #6, for the term prescribed by law.

4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order for the Board of Trustees for the Coastal Carolina University, 4th Congressional District, Seat #8.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Keith S. Smith of Greer had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. Keith S. Smith was placed in nomination.
On motion of Rep. Stoddard, the 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 Keith S. Smith was duly elected to the Board of Trustees for the Coastal Carolina University, 4th Congressional District, Seat #8, for the term prescribed by law.

5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order for the Board of Trustees for the Coastal Carolina University, 5th Congressional District, Seat #10.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Robert D. Brown of Camden had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. Robert D. Brown was placed in nomination.
On motion of Rep. Stoddard, the 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 Robert D. Brown was duly elected to the Board of Trustees for the Coastal Carolina University, 5th Congressional District, Seat #10, for the term prescribed by law.

6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order for the Board of Trustees for the Coastal Carolina University, 6th Congressional District, Seat #12.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mrs. Cathy Harvin of Summerton had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mrs. Cathy Harvin was placed in nomination.
On motion of Rep. Stoddard, the 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 Cathy Harvin was duly elected to the Board of Trustees for the Coastal Carolina University, 6th Congressional District, Seat #12, for the term prescribed by law.

At-Large, Seat #14

The PRESIDENT announced that nominations were in order for the Board of Trustees for the Coastal Carolina University, At-Large position, Seat #14.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Dean Hudson of Conway had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. Dean Hudson was placed in nomination.
On motion of Rep. Stoddard, the 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 Dean Hudson was duly elected to the Board of Trustees for the Coastal Carolina University, At-Large position, Seat #14, for the term prescribed by law.

At-Large, Seat #15

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University, At-Large, Seat #15.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Joseph O. Burroughs, Jr. of Conway, Mr. J. Egerton Burroughs of Surfside Beach, and Mr. Richard Harrington of Myrtle Beach had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. Joseph O. Burroughs, Jr. was withdrawn from consideration.
On motion of Rep. Stoddard, the names of Mr. Burroughs and Mr. Harrington were placed in nomination.

The 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. Burroughs:

Alexander              Anderson               Bryan
Cork                   Courson                Courtney
Drummond               Elliott                Fair
Ford                   Giese                  Gregory
Hayes                  Hutto                  Land
Lander                 Leatherman             Leventis
Martin                 Matthews               McConnell
McGill                 Mescher                Moore
O'Dell                 Passailaigue           Peeler
Rankin                 Ravenel                Ryberg
Saleeby                Setzler                Short
Thomas                 Washington             Williams
Wilson

Total--37

The following named Senators voted for Mr. Harrington:

Total--0

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

The following named Representatives voted for Mr. Burroughs:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Cato
Cave                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Jennings               Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
McMaster               Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Parks                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell         

Total--112

The following named Representatives voted for Mr. Harrington:

Total--0

RECAPITULATION

Total number of Senators voting   37
Total number of Representatives voting   112
Grand Total   149
Necessary to a choice   75
Of which Mr. J.E. Burroughs received   149
Of which Mr. Harrington received   0

Whereupon, the PRESIDENT announced that the Honorable J. Egerton Burroughs was duly elected to the Board of Trustees for Coastal Carolina University, At-Large, Seat #15, for the term prescribed by law.

Election of Members to the Board of Trustees
for South Carolina State University
5th Congressional District, Seat #5

The PRESIDENT announced that nominations were in order for the Board of Trustees for the South Carolina State University, 5th Congressional District, Seat #5.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Dr. James W. Sanders of Gaffney and Ms. Jannette Henry of Winnsboro had been screened and found qualified.
On motion of Rep. Stoddard, the name of Ms. Jannette Henry was withdrawn from consideration.
On motion of Rep. Stoddard, the name of Dr. James W. Sanders was placed in nomination.
On motion of Rep. Stoddard, the 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 W. Sanders was duly elected to the Board of Trustees for South Carolina State University, 5th Congressional District, Seat #5, for the term prescribed by law.

6th Congressional District, Seat #6

The PRESIDENT announced that nominations were in order for the Board of Trustees for the South Carolina State University, 6th Congressional District, Seat #6.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Edwin Givens of Charleston and Ms. Angela G. Brown of Columbia had been screened and found qualified.
On motion of Rep. Stoddard, the name of Ms. Angela G. Brown was withdrawn from consideration.
On motion of Rep. Stoddard, the name of Mr. Givens was placed in nomination.
On motion of Rep. Stoddard, the 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 Edwin Givens was duly elected to the Board of Trustees for South Carolina State University, 6th Congressional District, Seat #6, for the term prescribed by law.

At-Large, Seat #8

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University, At-Large, Seat #8.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Stephon Edwards of Orangeburg, Mr. Jim Furtick of Orangeburg, Mr. Warren Darby of Columbia, Mrs. Theresa Counts-Davis of West Columbia, and Mr. J. D. Hydrick of Orangeburg had been screened and found qualified.
On motion of Rep. Stoddard, the name of Ms. Counts-Davis was withdrawn from consideration.
On motion of Rep. Stoddard, the names of Mr. Edwards, Mr. Furtick, Mr. Darby, and Mr. Hydrick were placed in nomination.

The 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. Edwards:

Alexander              Anderson               Bryan
Courtney               Elliott                Fair
Ford                   Giese                  Glover
Gregory                Jackson                Lander
Leatherman             Leventis               Martin
McConnell              McGill                 Mescher
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Ravenel                Ryberg                 Saleeby
Thomas                 Williams               Wilson

Total--30

The following named Senators voted for Mr. Furtick:

Total--0

The following named Senators voted for Mr. Darby:

Cork                   Courson                Drummond
Hayes                  Hutto                  Land
Matthews               Setzler                Short
Washington             

Total--10

The following named Senators voted for Mr. Hydrick:

Total--0

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

The following named Representatives voted for Mr. Edwards:

Altman                 Barrett                Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Cave                   Clyburn
Davenport              Delleney               Easterday
Felder                 Govan                  Hamilton
Harrell                Haskins                Hawkins
Hines, J.              Hinson                 Howard
Jordan                 Keegan                 Kelley
Klauber                Knotts                 Leach
Lee                    Limehouse              Loftis
McCraw                 McMahand               McMaster
Mullen                 Neal                   Rice
Rodgers                Sandifer               Sharpe
Simrill                Smith, R.              Townsend
Vaughn                 Walker                 Wilkins
Young                  

Total--49

The following named Representatives voted for Mr. Furtick:

Total--0

The following named Representatives voted for Mr. Darby:

Askins                 Bailey                 Barfield
Battle                 Bauer                  Beck
Bowers                 Chellis                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Edge                   Fleming                Gamble
Gourdine               Hines, M.              Hodges
Kennedy                Kinon                  Kirsh
Lanford                Law                    Limbaugh
Lloyd                  Mack                   Maddox
Mason                  McKay                  McLeod
Miller                 Neilson                Parks
Phillips               Pinckney               Riser
Scott                  Seithel                Sheheen
Smith, J.Verne         Spearman               Stille
Stoddard               Stuart                 Tripp
Trotter                Webb                   Whatley
Whipper                Wilder                 Young-Brickell

Total--51

The following named Representatives voted for Mr. Hydrick:

Total--0

RECAPITULATION

Total number of Senators voting   40
Total number of Representatives voting   100
Grand Total   140
Necessary to a choice   71
Of which Mr. Edwards received   79
Of which Mr. Furtick received   0
Of which Mr. Darby received   61
Of which Mr. Hydrick received   0

Whereupon, the PRESIDENT announced that the Honorable Stephon Edwards was duly elected to the Board of Trustees for South Carolina State University, At-Large, Seat #8, for the term prescribed by law.

At-Large, Seat #10

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University, At-Large, Seat #10.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Dr. James A. Boykin of Lancaster, Mr. William Clinkscales of Clemson, Mr. Ellis Rogers of Cheraw, and Mrs. Rhonda Parish of Spartanburg, had been screened and found qualified.
On motion of Rep. Stoddard, the names of Dr. James Boykin and Ms. Rhonda Parish were withdrawn from consideration.
On motion of Rep. Stoddard, the names of Mr. Clinkscales and Mr. Rogers were placed in nomination.

The 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. Clinkscales:

Alexander              Anderson               Bryan
Cork                   Courson                Courtney
Drummond               Elliott                Fair
Giese                  Glover                 Gregory
Hayes                  Hutto                  Jackson
Land                   Lander                 Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Ravenel
Reese                  Ryberg                 Saleeby
Setzler                Short                  Thomas
Washington             Williams               Wilson

Total--39

The following named Senators voted for Mr. Rogers:

Total--0

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

The following named Representatives voted for Mr. Clinkscales:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Cato                   Cave                   Chellis
Clyburn                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Howard                 Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 Martin                 Mason
McCraw                 McKay                  McLeod
McMahand               McMaster               Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell         

Total--112

The following named Representatives voted for Mr. Rogers:

Total--0

RECAPITULATION

Total number of Senators voting   39
Total number of Representatives voting   112
Grand Total   151
Necessary to a choice   76
Of which Mr. Clinkscales received   151
Of which Mr. Rogers received   0

Whereupon, the PRESIDENT announced that the Honorable William Clinkscales was duly elected to the Board of Trustees for South Carolina State University, At-Large, Seat #10, for the term prescribed by law.

Wil Lou Gray Opportunity School

The PRESIDENT announced that nominations were in order for four positions on the Board of Trustees for the Wil Lou Gray Opportunity School.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Clotilda D. Diggs of Florence, Mr. Russell Hart of Laurens, Ms. Elizabeth Thrailkill of Fort Lawn, Ms. Jennalyn Dalrymple of Blythewood, Mr. Dan Smith of Gaffney, and Mr. Robert Moeller of Columbia had been screened and found qualified.
On motion of Rep. Stoddard, the names of Ms. Diggs, Mr. Hart, Ms. Thrailkill, Ms. Dalrymple, Mr. Smith, and Mr. Moeller were placed in nomination.

The 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. Diggs:

Alexander              Anderson               Bryan
Cork                   Courtney               Drummond
Elliott                Fair                   Giese
Glover                 Gregory                Hayes
Hutto                  Land                   Lander
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  O'Dell
Passailaigue           Patterson              Peeler
Rankin                 Ravenel                Reese
Ryberg                 Saleeby                Setzler
Short                  Thomas                 Washington
Williams               Wilson

Total--38

The following named Senators voted for Mr. Hart:

Alexander              Bryan                  Courtney
Drummond               Elliott                Gregory
Hutto                  Land                   Lander
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Reese                  Saleeby                Setzler
Short                  Washington             Williams

Total--27

The following named Senators voted for Ms. Thrailkill:

Alexander              Anderson               Bryan
Cork                   Courtney               Drummond
Elliott                Fair                   Giese
Glover                 Gregory                Hayes
Hutto                  Land                   Lander
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  O'Dell
Passailaigue           Patterson              Peeler
Rankin                 Ravenel                Reese
Ryberg                 Saleeby                Setzler
Short                  Thomas                 Washington
Williams               Wilson

Total--38

The following named Senators voted for Ms. Dalrymple:

Anderson               Cork                   Fair
Giese                  Glover                 Hayes
Ravenel                

Total--7

The following named Senators voted for Mr. Smith:

Alexander              Anderson               Bryan
Cork                   Courtney               Drummond
Elliott                Fair                   Glover
Gregory                Hayes                  Hutto
Land                   Lander                 Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Ravenel                Reese                  Ryberg
Saleeby                Setzler                Short
Thomas                 Washington             Williams
Wilson                 

Total--37

The following named Senators voted for Mr. Moeller:

Giese                  Ryberg                 Thomas
Wilson                 

Total--4

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

The following named Representatives voted for Ms. Diggs:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Cave
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Howard
Jennings               Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Mack                   Maddox
Mason                  McCraw                 McKay
McLeod                 McMahand               McMaster
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Parks
Phillips               Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Trotter
Vaughn                 Walker                 Webb
Whipper                Wilder                 Wilkins
Woodrum                Young                  Young-Brickell

Total--99

The following named Representatives voted for Mr. Hart:

Allison                Askins                 Bailey
Barrett                Battle                 Bauer
Boan                   Breeland               Brown, H.
Chellis                Clyburn                Dantzler
Fleming                Gamble                 Govan
Harvin                 Haskins                Hines, M.
Hinson                 Hodges                 Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Mack
McCraw                 McLeod                 McMahand
Miller                 Moody-Lawrence         Mullen
Parks                  Phillips               Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, F.              Smith, R.              Spearman
Stille                 Stoddard               Vaughn
Walker                 Webb                   Whipper
Wilder                 Wilkins                Woodrum
Young                  Young-Brickell

Total--65

The following named Representatives voted for Ms. Thrailkill:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Beck                   Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Cave                   Chellis
Clyburn                Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Gourdine               Govan                  Hamilton
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Howard                 Jennings
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Mason                  McCraw                 McLeod
McMahand               McMaster               Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, F.              Smith, R.              Spearman
Stoddard               Trotter                Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--90

The following named Representatives voted for Ms. Dalrymple:

Barfield               Cotty                  Davenport
Harrison               Jordan                 Lee
McMaster               Neilson                Smith, J.
Whatley                

Total--10

The following named Representatives voted for Mr. Smith:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Campsen                Cave
Chellis                Clyburn                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Jennings
Jordan                 Kelley                 Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Mack                   Mason                  McCraw
McKay                  McLeod                 McMahand
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Parks
Phillips               Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell         

Total--97

The following named Representatives voted for Mr. Moeller:

Bauer                  Beck                   Brown, J.
Byrd                   Cotty                  Cromer
Jordan                 Leach                  Lloyd
Loftis                 McMaster               Neal
Smith, J.              Stille

Total--14

RECAPITULATION

Total number of Senators voting   38
Total number of Representatives voting   99
Grand Total   137
Necessary to a choice   69
Of which Ms. Diggs received   137
Of which Mr. Hart received   92
Of which Ms. Thrailkill received   128
Of which Ms. Dalrymple received   17
Of which Mr. Smith received   134
Of which Mr. Moeller received   18

Whereupon, the PRESIDENT announced that the Honorable Clotilda D. Diggs, the Honorable Russell Hart, the Honorable Elizabeth Thrailkill, and the Honorable Dan Smith were duly elected to the four positions on the Board of Trustees for the Wil Lou Gray Opportunity School, for the term prescribed by law.

Folk Heritage Awards

Directly following the Joint Assembly convened for elections to Boards of Trustees, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

H. 3510 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 1997, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The PRESIDENT appointed Senators WILLIAMS, HUTTO, MATTHEWS, CORK and MESCHER to the Escort Committee on behalf of the Senate.

The Speaker appointed Representatives Govan, Law, Rodgers, Seithel and Lloyd to the Escort Committee on behalf of the House of Representatives.

The Escort Committees of the Senate and House accompanied the winners of the 1997 South Carolina Folk Heritage Award and the members of the 1997 South Carolina Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.
The PRESIDENT introduced the Speaker of the House who, in turn, introduced Rep. Doug Jennings who announced the change in the name of the award in memory of the Honorable Jean Laney Harris.

The Speaker introduced the respective award winners who were then presented certificates honoring their respective talents:
Marie Brailey, 89 year-old artisan skilled in chair caning for over 45 years; Ron and Natalie Daise, a couple devoted to recovering, performing, and publishing information about the heritage of the Lowcountry African-Americans and the "Gullah" culture; Clarence Jackson, radio personality and master of the dobro guitar, who was accompanied by Ray Thigpen and Al Wall; Geneva Lena Loewe, master quilter, and Charles "Ce Ce" Williams, skilled in the art of looping and knotting fishing and shrimping nets and also cane carving.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:45 P.M., the Senate resumed.

LOCAL APPOINTMENT
Confirmation

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

Initial Appointment, McCormick County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Donald R. Neal, Route 1, Box 116, McCormick, S.C. 29835 VICE Jake O. Trantham (resigned)

ADJOURNMENT

At 12:47 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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