Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, let us hear some ancient advice from the Book of Proverbs, Chapter 4 (23-25):
"Keep your heart with all vigilance;
for from it flow the springs of life.
... Let your eyes look directly forward,
and your gaze be straight before you."
Let us pray.
Lord God, ever present... ever blessed... You have joined eternity and time in the human soul. Make us conscious of both spheres of existence.
We marvel at the mystery of how You have shaped the time of our lives in specific moments... minutes... hours... and days. When each has gone it shall never return.
We shall never again have the opportunity to do a duty that we should do today.
Let us seize the day! Help us to pack fulfillment and achievement into the hours that You will give us today.
May we find solutions to the issues of our common life because, in our hearts, we have peace with Thee... in the Name of the God of all GRACE!
Amen.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 10, 1994
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:
At-Large:
Mr. Luther C. Boliek, Post Office Box 408, Greenville, S.C. 29602-0408
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Member, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:
Consumer
Mr. Kenneth A. Boiter, Interstate/Johnson Lane, Post Office Box 652, Spartanburg, S.C. 29304-0652
Referred to the Committee on Banking and Insurance.
The following were received and referred to the appropriate committee for consideration:
Document No. 1706
Promulgated by Department of Health and Environmental Control
Title V Operating Permit Program
Received by Lt. Governor February 22, 1994
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 29, 1995
Document No. 1726
Promulgated by Department of Health and Environmental Control
State Underground Petroleum Environmental Response Bank (Superb) Site Rehabilitation and Fund Access Regulation
Received by Lt. Governor February 22, 1994
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 29, 1995
Senator STILWELL introduced Dr. Charlie Thomas, Jr. of Greenville, S.C., Doctor of the Day.
Columbia, S.C., February 23, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 23, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1131 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following were introduced:
S. 1209 -- Senators Drummond and Lander: A SENATE RESOLUTION CONGRATULATING THE LANDER UNIVERSITY SENATORS MEN'S TENNIS TEAM AND ITS COACH, WINNERS OF THE 1993 NCAA DIVISION II NATIONAL MEN'S TENNIS CHAMPIONSHIP.
The Senate Resolution was adopted.
S. 1210 -- Senators Ryberg, Richter, Gregory, Mescher, McConnell, Macaulay, Rose, Leventis, Giese, Thomas, Stilwell, Waldrep, Wilson, Cork, Elliott and Courson: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.
Senator RYBERG spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1211 -- Senators Jackson, Washington, Ford, Mitchell, Rose, Patterson and Short: A CONCURRENT RESOLUTION TO CONGRATULATE NELSON RIVERS, III ON HIS APPOINTMENT AS DIRECTOR OF THE NAACP'S LARGEST REGIONAL OFFICE IN ATLANTA AND TO WISH HIM THE BEST OF LUCK IN HIS FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4796 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 17, 1994, FOR ITS ANNUAL STATE HOUSE MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State may use the chambers of the Senate and the House of Representatives on Friday, June 17, 1994, for its annual State House meeting. If either house is in statewide session, the chamber of that house may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
Referred to the Committee on Invitations.
H. 4797 -- Reps. Wright and McElveen: A CONCURRENT RESOLUTION COMMENDING AND THANKING LINDA JACOBUS FOR HER EXCELLENT WORK AS STAFF TO THE SOUTH CAROLINA COMMITTEE ON HIGH SCHOOL APPRENTICESHIPS AND MENTORSHIPS AND AS CHAIR OF THE COMMITTEE'S SUBCOMMITTEE ON SCHOOL CURRICULUM.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4798 -- Reps. Rogers, J. Brown, Byrd, Neal, Scott, Cromer, Quinn, Waites, Harrison, Shissias and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE HIGH SCHOOL TEAM OF COLUMBIA ON WINNING THE SECOND ANNUAL BLACK HISTORY BOWL, SPONSORED BY BROOKLAND BAPTIST CHURCH, FEBRUARY 12, 1994.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.
Read the first time and referred to the Committee on Fish, Game and Forestry.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 1076 -- Senators Patterson and Wilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE CREDIT TO BE CLAIMED WHEN THE TAXPAYER CREATES ONE HUNDRED FIFTY OR MORE JOBS SUBSTANTIALLY EQUIVALENT TO THE CURRENT MINIMUM REQUIREMENT OF SEVENTY-FIVE FULL-TIME JOBS AND TO DEFINE "SUBSTANTIALLY EQUIVALENT".
Ordered for consideration tomorrow.
S. 258 -- Senator Drummond: A BILL TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1167 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF INTERSTATE HIGHWAY 26 BEGINNING AT MT. PLEASANT STREET AND ENDING AT THE TERMINAL INTERCHANGE AT U.S. ROUTE 17 FOR MARJORIE AMOS-FRAZIER.
Returned with concurrence.
Received as information.
S. 1168 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME HIGHWAY 61 IN CHARLESTON RUNNING FROM MAGOOD ROAD TO BEES FERRY ROAD AS THE GLENN F. MCCONNELL EXPRESSWAY.
Returned with concurrence.
Received as information.
S. 1169 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 61 CONNECTOR FROM THE JAMES ISLAND EXPRESSWAY TO SOUTH CAROLINA ROUTE 61 IN CHARLESTON COUNTY AS THE HERBERT U. FIELDING CONNECTOR.
Returned with concurrence.
Received as information.
S. 1170 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF THE MARK CLARK EXPRESSWAY WHICH CROSSES OVER THE WANDO RIVER AS THE JAMES B. EDWARDS BRIDGE.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: A BILL TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.
On motion of Senator COURTNEY, H. 4600 was ordered to receive a third reading on Thursday, February 24, 1994.
S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Senator COURTNEY, S. 1193 was ordered to receive a third reading on Thursday, February 24, 1994.
H. 3325 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.
H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.
H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.
H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.
H. 4067 -- Rep. White: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO REVISE PERMIT AND TRAWLING RESTRICTIONS.
H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.
Senator GREG SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator GREG SMITH, with unanimous consent, the Bill was read the second time and placed on the third reading Calendar, carrying over all amendments on third.
H. 4760 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS IN SOUTH CAROLINA IN REGARD TO THE REHABILITATIVE CARE OF OUR CITIZENS AND TO DECLARE WEDNESDAY, FEBRUARY 23, 1994, AS "PHYSICAL THERAPY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 965 -- Senator Rose: A BILL TO AMEND SECTION 7-13-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO REQUIRE NAMES OF CANDIDATES FOR CONGRESSIONAL, LEGISLATIVE, COUNTY, OR OTHER OFFICES TO BE PLACED IN ALPHABETICAL ORDER IN THE PROPER PLACE ON THE APPROPRIATE BALLOT.
On motion of Senator ROSE, the Bill was carried over.
S. 954 -- Senators Leventis, Martin, Land, Peeler, Holland and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.
On motion of Senator THOMAS, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator THOMAS, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MITCHELL, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator McCONNELL argued in favor of the Joint Resolution.
Senator BRYAN proposed the following Amendment No. 1 (850R005.JEB), which was adopted:
Amend the bill, as and if amended, Section 5, as contained in Section 1, page 1, by striking lines 32 through 36 and inserting the following:
/ proceeds of the tax shall be applied. When the statute levying the tax dedicates the proceeds to a specific use in furtherance of the stated public purpose, then such proceeds are prohibited from being appropriated and expended for any use other than that which is specifically set forth in the statute levying the tax unless the bill appropriating the proceeds for a different use is approved by a two-thirds vote of the membership of each house on one of the readings of the bill. /
Amend further Section 2, page 2, by striking lines 1 - 10 and inserting the following:
/ "Must Section 5, Article X of the Constitution of this State be amended to provide that no tax, subsidy, or charge shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives lawfully assembled and to provide that when proceeds of the tax are applied to a specific purpose or use that the General Assembly is prohibited from using the proceeds for a different purpose or use unless approved by a two-thirds vote of the members of both houses? /
Amend title to conform.
Senator BRYAN explained the amendment.
Senator ROSE spoke on the amendment.
Senator ROSE moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator ROSE, debate was adjourned on the Joint Resolution.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the Concurrent Resolution:
H. 4695 -- Rep. Hodges: A CONCURRENT RESOLUTION TO PROVIDE THAT THE HOUSE OF REPRESENTATIVES AND SENATE SHALL MEET IN THE HALL OF THE HOUSE ON WEDNESDAY, FEBRUARY 23, 1994, AT 12:00 NOON TO ELECT A SUCCESSOR TO THE HONORABLE DAVID W. HARWELL, CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1994; TO ELECT A SUCCESSOR TO THE HONORABLE WILLIAM H. BALLENGER, CIRCUIT COURT JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1996; AND TO ELECT A CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION FROM SEAT 1 AND JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION FROM SEATS 2 AND 3.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Chief Justice, S.C. Supreme Court.
Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable A. Lee Chandler had been screened and found qualified to serve.
Rep. Baxley placed the name of the Honorable A. Lee Chandler in nomination.
Senator MITCHELL seconded the nomination.
Rep. Baxley moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable A. Lee Chandler was elected Chief Justice of the South Carolina Supreme Court for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Tenth Judicial Circuit.
Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable Alexander S. Macaulay and the Honorable Lowell W. Ross, Sr. had been screened and found qualified to serve.
On motion of Rep. Hodges, the name of the Honorable Lowell W. Ross, Sr. was withdrawn from consideration.
Rep. T.C. Alexander placed the name of the Honorable Alexander S. Macaulay in nomination.
Senator MITCHELL seconded the nomination.
Rep. T.C. Alexander moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Alexander S. Macaulay was elected to the position of Judge, Tenth Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Sixth Judicial Circuit.
Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable Walter B. Brown, Jr. had been screened and found qualified to serve.
Rep. Wilkes placed the name of the Hon. Walter B. Brown, Jr. in nomination.
Senator MITCHELL seconded the nomination.
Rep. Wilkes moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Walter B. Brown, Jr. was elected to the position of Judge, Family Court, Sixth Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the position of Administrative Law Judge, Seat #1.
Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that Mr. H. Clay Carruth, Jr., John J. Fantry, Jr., Samuel L. Finklea, III, Ms. Selma T. Jones, Mr. Marvin F. Kittrell, Ms. Nora B. Lewis, Mr. J. Harold Mayer, Jr., Ms. Sheila D. McMillan, Mr. Nicholas P. Sipe, Mr. N. Steven Steinert and Mr. Ray N. Stevens had been screened and found qualified to serve.
Rep. Hodges indicated that Mr. James G. Longtin had been screened and was found to be unqualified.
On motion of Rep. Hodges, the names of Mr. J. Harold Mayer, Jr., Mr. Nicholas P. Sipe and Ms. Sheila D. McMillan were withdrawn from consideration.
On motion of Senator MACAULAY, the name of Mr. H. Clay Carruth, Jr. was withdrawn from consideration.
On motion of Senator LEVENTIS, the name of Mr. Samuel L. Finklea, III, was withdrawn from consideration.
Rep. Hodges nominated Mr. John J. Fantry, Jr. and Ms. Nora B. Lewis.
Rep. Carnell nominated Ms. Selma T. Jones.
Rep. Harwell nominated Mr. Marvin F. Kittrell.
Rep. Fulmer nominated Mr. N. Steven Steinert.
Rep. Boan nominated Mr. Ray N. Stevens.
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. Fantry:
Short
The following named Senators voted for Ms. Jones:
Bryan Cork Courson
Drummond Lander Macaulay
McGill O'Dell Smith, J.V.
The following named Senators voted for Mr. Kittrell:
Courtney Elliott Glover
Gregory Hayes Land
Martin Rankin Reese
Russell Thomas Waldrep
Williams Wilson
The following named Senators voted for Ms. Lewis:
Peeler
The following named Senators voted for Mr. Steinert:
Ford Jackson Leatherman
Leventis Matthews McConnell
Mescher Patterson Richter
Rose Smith, G. Washington
The following named Senators voted for Mr. Stevens:
Giese Moore
The following named Senators abstained from voting:
Mitchell Passailaigue Ryberg
Setzler Stilwell
On motion of Rep. Cromer, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Fantry:
The following named Representatives voted for Ms. Jones:
Bailey, G. Brown, G. Byrd
Carnell Harris, P. Kennedy
Klauber McAbee McKay
Moody-Lawrence Neal Rhoad
Robinson Scott Shissias
Stille Stoddard Tucker
Waldrop Wilder, D. Wilder, J.
The following named Representatives voted for Mr. Kittrell:
Anderson Askins Baker
Baxley Brown, J. Cato
Clyborne Cromer Davenport
Delleney Elliott Felder
Govan Graham Hallman
Harrelson Harvin Harwell
Haskins Hines Huff
Hutson Jennings Keegan
Kelley Kinon Lanford
Law Marchbanks Martin
Mattos McElveen McMahand
McTeer Meacham Riser
Rudnick Simrill Smith, D.
Smith, R. Snow Stone
Thomas Trotter Vaughn
Walker Wilkins Witherspoon
Wofford
The following named Representatives voted for Ms. Lewis:
Farr
The following named Representatives voted for Mr. Steinert:
Alexander, T.C. Bailey, J. Barber
Breeland Brown, H. Cobb-Hunter
Cooper Fulmer Harrell
Houck Inabinett Keyserling
Kirsh Richardson Waites
Whipper White Young, A.
Young, R.
The following named Representatives voted for Mr. Stevens:
Alexander, M.O. Allison Boan
Fair Gamble Harris, J.
Hodges Jaskwhich Littlejohn
McCraw McLeod Neilson
Phillips Quinn Sharpe
Spearman Stuart Wells
Williams Worley Wright
Total number of Senators voting 39
Total number of Representatives voting 111
Grand Total 150
Necessary to a choice 76
Of which Mr. Fantry received 1
Of which Ms. Jones received 30
Of which Mr. Kittrell received 63
Of which Ms. Lewis received 2
Of which Mr. Steinert received 31
Of which Mr. Stevens received 23
No candidate having received a majority vote, the PRESIDENT ordered the Joint Assembly to proceed to a subsequent ballot.
On motion of Rep. Wilkes, the name of Mr. John J. Fantry, Jr. was withdrawn from consideration.
On motion of Rep. Hodges, the name of Ms. Nora B. Lewis was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Jones:
Bryan Cork Courson
Drummond Lander Macaulay
McGill O'Dell
The following named Senators voted for Mr. Kittrell:
Courtney Elliott Ford
Glover Gregory Hayes
Land Leatherman Martin
Matthews Rankin Reese
Russell Smith, J.V. Thomas
Waldrep Williams Wilson
The following named Senators voted for Mr. Steinert:
Jackson Leventis McConnell
Mescher Patterson Richter
Rose Smith, G. Washington
The following named Senators voted for Mr. Stevens:
Giese Moore Peeler
Short
The following named Senators abstained from voting:
Mitchell Passailaigue Ryberg
Setzler Stilwell
On motion of Rep. Cromer, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Jones:
Brown, H. Byrd Carnell
Cobb-Hunter Cooper Graham
Harris, P. Klauber Martin
McAbee Phillips Rhoad
Robinson Shissias Stille
Stoddard Trotter Tucker
Waldrop Wilder, D.
The following named Representatives voted for Mr. Kittrell:
Anderson Askins Bailey, G.
Baker Baxley Brown, G.
Brown, J. Cato Clyborne
Cromer Delleney Elliott
Felder Govan Hallman
Harrelson Harvin Harwell
Haskins Hines Huff
Hutson Jaskwhich Jennings
Keegan Kelley Kinon
Lanford Marchbanks Mattos
McElveen McKay McLeod
McMahand McTeer Meacham
Quinn Riser Rudnick
Simrill Smith, D. Smith, R.
Snow Stone Thomas
Vaughn Walker Wilder, J.
Wilkins Witherspoon Wofford
The following named Representatives voted for Mr. Steinert:
Alexander, T.C. Bailey, J. Barber
Breeland Davenport Farr
Fulmer Harrell Houck
Inabinett Kennedy Keyserling
Kirsh Littlejohn Moody-Lawrence
Neal Richardson Scott
Waites Whipper White
Williams Young, A. Young, R.
The following named Representatives voted for Mr. Stevens:
Alexander, M.O. Allison Boan
Fair Gamble Harris, J.
Hodges McCraw Neilson
Sharpe Spearman Stuart
Wells Worley Wright
Total number of Senators voting 39
Total number of Representatives voting 110
Grand Total 149
Necessary to a choice 75
Of which Ms. Jones received 28
Of which Mr. Kittrell received 69
Of which Mr. Steinert received 33
Of which Mr. Stevens received 19
Rep. J. Bailey moved that the Joint Assembly stand in recess for five minutes.
The motion failed.
No candidate having received a majority vote, the PRESIDENT ordered the Joint Assembly to proceed to a subsequent ballot.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Jones:
Bryan Courson Drummond
Giese Lander Macaulay
McGill Moore O'Dell
The following named Senators voted for Mr. Kittrell:
Courtney Elliott Ford
Glover Gregory Hayes
Land Leatherman Martin
Peeler Rankin Reese
Russell Smith, J.V. Thomas
Waldrep Williams Wilson
The following named Senators voted for Mr. Steinert:
Cork Jackson Leventis
Matthews McConnell Mescher
Patterson Richter Rose
Smith, G. Washington
The following named Senators voted for Mr. Stevens:
Short
The following named Senators abstained from voting:
Mitchell Passailaigue Ryberg
Setzler Stilwell
On motion of Rep. Cromer, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Jones:
Alexander, M.O. Byrd Carnell
Graham Harris, P. Klauber
McAbee Rhoad Robinson
Shissias Stille Stoddard
Tucker Waldrop Wilder, D.
The following named Representatives voted for Mr. Kittrell:
Allison Anderson Askins
Bailey, G. Baker Baxley
Brown, G. Brown, H. Brown, J.
Cato Clyborne Cromer
Davenport Delleney Elliott
Fair Felder Govan
Hallman Harrelson Harris, J.
Harvin Harwell Haskins
Hines Houck Huff
Hutson Jaskwhich Keegan
Kelley Kinon Lanford
Law Marchbanks Martin
Mattos McElveen McKay
McLeod McMahand McTeer
Meacham Moody-Lawrence Quinn
Riser Rudnick Scott
Simrill Smith, D. Smith, R.
Snow Stone Thomas
Trotter Vaughn Walker
Wells Wilder, J. Wilkins
Williams Witherspoon
The following named Representatives voted for Mr. Steinert:
Alexander, T.C. Bailey, J. Barber
Breeland Cooper Farr
Fulmer Gamble Harrell
Inabinett Kennedy Keyserling
Kirsh Littlejohn Neal
Phillips Richardson Sharpe
Stuart Waites Whipper
White Wofford Young, A.
Young, R.
The following named Representatives voted for Mr. Stevens:
Boan Hodges McCraw
Neilson Spearman Worley
Wright
Total number of Senators voting 39
Total number of Representatives voting 109
Grand Total 148
Necessary to a choice 75
Of which Ms. Jones received 24
Of which Mr. Kittrell received 80
Of which Mr. Steinert received 36
Of which Mr. Stevens received 8
Whereupon, the PRESIDENT announced that the Honorable Marvin F. Kittrell was elected to the position of Administrative Law Judge, Seat #1, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the position of Administrative Law Judge, Seat #2.
Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that Mr. Stephen P. Bates, Ms. Karen L. Kanes, Mr. J. Harold Mayer, Jr., Mr. Delbert H. Singleton, Jr. and Mr. John W. Whittleton, Sr. had been screened and found qualified to serve.
Rep. Hodges indicated that Mr. James G. Longtin had been screened and was found to be unqualified.
On motion of Rep. Hodges, the names of Mr. Delbert H. Singleton, Jr. and Mr. John H. Whittleton, Sr. were withdrawn from consideration.
On motion of Senator COURTNEY, the name of Ms. Karen L. Kanes was withdrawn from consideration.
Rep. Hodges nominated Mr. Stephen P. Bates, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Stephen P. Bates was elected to the position of Administrative Law Judge, Seat #2, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the position of Administrative Law Judge, Seat #3.
Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that Mr. Ralph K. "Tripp" Anderson, III, Mr. Curtis G. Clark, Mr. John D. Geathers, Ms. Alison R. Lee, Mr. W. Kenneth Moore and Ms. V. Lynn Wiggins had been screened and found qualified to serve.
Rep. Hodges indicated that Mr. James G. Longtin had been screened and was found to be unqualified.
On motion of Rep. Hodges, the names of Mr. Curtis G. Clark, Mr. John D. Geathers, Mr. Ralph K. Anderson and Mr. Kenneth Moore were withdrawn from consideration.
On motion of Senator WILSON, the name of Ms. V. Lynn Wiggins was withdrawn.
Rep. Scott nominated Ms. Alison R. Lee.
Rep. Hodges moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Alison R. Lee was elected to the position of Administrative Law Judge, Seat #3, for the term prescribed by law.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #1, #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #1, #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #1, #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #1, #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #1, #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the election of the Administrative Law Judges for Seats #2 and #3, which would preclude my representation of a client under the provisions of Section 8-13-745.
I wish the Journal to reflect that I abstained from voting in all of the Administrative Law Judge races because of the fact that as the principal stockholder of R&H Maxxon, Inc., we hold thirty beer/wine licenses. Should a problem result in an application or erroneous sale, we would have to appear before the Administrative Law Judges. This could be later construed as an ethical problem.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly and regularly adjourned; whereupon, the Senate returned to its Chamber and was called to order by its PRESIDENT.
At 1:09 P.M., the Senate reconvened.
At 1:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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This web page was last updated on Monday, June 29, 2009 at 3:49 P.M.