South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

MONDAY, JUNE 12, 1995

Monday, June 12, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God our Father, cause us to be constantly reminded that all we are and have are gifts from Your benevolent hand. Teach us to know ourselves better, that knowing ourselves we may be on our guard. Teach us to better understand others that we may view their shortcomings with charity, their virtues with appreciation, and their kindnesses to us with gratitude. Give us now Your wisdom to guide and direct our thinking and our doings that when the day's work is ended we may merit Your divine approval "Well done, good and faithful steward."

To You, Lord God, we render our praise and honor. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. EASTERDAY moved that when the House adjourns, it adjourn in memory of Perrin Knights of Taylors, which was agreed to.

RESIGNATION

The following was received.

HOUSE OF REPRESENTATIVES
STATE OF SOUTH CAROLINA

March 23, 1995

Dear Mr. Speaker:

This is to inform you that I am tendering my resignation to the S.C. House of Representatives, District #59, effective June 5th, 1995.

I shall always remember, treasure and be grateful for the opportunity I have had to serve with you and the members of the S.C. General Assembly.

Respectfully,
Rep. B. HICKS HARWELL

Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 4304 -- Reps. Haskins, Boan and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, OCTOBER 24, 1995, AS THE TIME FOR ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT.

Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Askins                 Bailey
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Cain
Canty                  Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Govan
Harrell                Harris, P.             Harrison
Haskins                Herdklotz              Hines
Hodges                 Howard                 Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Law                    Limbaugh
Limehouse              Littlejohn             Lloyd
Marchbanks             Mason                  McAbee
McCraw                 McKay                  McMahand
McTeer                 Meacham                Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stuart
Thomas                 Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            Wilder                 Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, June 12.

John L. Scott, Jr.                Ronald P. Townsend
Michael L. Fair                   F.G. Delleney, Jr.
Bessie Moody-Lawrence             Jean L. Harris
Theodore A. Brown                 John W. Tucker, Jr.
Larry L. Elliott                  Eugene C. Stoddard
C. Alex Harvin, III               Harry C. Stille
Richard M. Quinn, Jr.             Ralph Anderson
Joseph T. McElveen, Jr.
Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Rep. WHITE a leave of absence.

The SPEAKER granted Rep. HALLMAN a leave of absence.

The SPEAKER granted Rep. LANFORD a leave of absence.

STATEMENT BY REP. H. BROWN

Rep. H. BROWN made a statement relative to the Conference Committee on H. 3362, the General Appropriations Bill.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 908 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE YVONNE A. JACOBS OF YORK COUNTY ON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL SCHOLARSHIP FOR 1995-96 AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 909 -- Senator Peeler: A CONCURRENT RESOLUTION TO COMMEND ROBERT L. MUNGO OF LANCASTER COUNTY FOR HIS OUTSTANDING LEADERSHIP AS PRESIDENT OF THE SOUTH CAROLINA TAX COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 910 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE DAN S. JUDD OF IRMO, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1995 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

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.

ELECTION OF A FAMILY COURT JUDGE
FIFTH JUDICIAL CIRCUIT, SEAT 2

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.

The President of the Senate recognized Senator McConnell, Chairman of the Joint Judicial Screening Committee, who made the following remarks:

"Thank you Mr. President... Making a report to the Screening Committee on Seat 2 of the Family Court of the Fifth Judicial Circuit, the Joint Committee screened two candidates, Mrs. Leslie Kirkland Riddle and the Honorable Abigail R. Rogers for Seat 2 of the Family Court of the Fifth Judicial Circuit. Mrs. Riddle was screened on May 10, 1995 and was found qualified for judicial office. Judge Rogers was screened on May 11, 12 and 16, 1995, and a majority of the Joint Committee found her not qualified for judicial office. The Joint Committee released its screening report and reopened the application filing period for this seat on Friday, May 19, 1995 pursuant to South Carolina Code, Section 2-19-80, which required the Joint Committee to do so when an incumbent judge is found not qualified. The deadline for receipt of additional applications was Friday, June 2, 1995. The Joint Committee did not receive any additional applications and therefore, we rereleased its report concerning the qualifications of Mrs. Riddle and Judge Rogers on Friday, June 2, 1995. Mr. President, the report that we previously issued, which all of the membership was given, therefore remains the report in the findings of the Screening Committee for the election today. Thank you."

Rep. QUINN moved to waive all nominating speeches and allow all prepared remarks to be submitted to the desk for publication in the Journal.

Rep. HOWARD moved to table the motion.

POINT OF ORDER

Senator Washington raised the Point of Order that the motion to waive all nominating speeches would require unanimous consent.

Rep. QUINN stated that there were no Joint Rules and a motion for any purpose would be acceptable and there had to be a vote on it.

The President of the Senate overruled the Point of Order.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 87; Nays 66
AYES

Alexander              Boan                   Cork
Courtney               Drummond               Elliott
Ford                   Glover                 Hayes
Holland                Jackson                Land
Leatherman             Leventis               Matthews
McGill                 Moore                  O'Dell
Passailaigue           Patterson              Peeler
Reese                  Saleeby                Short
Smith, G.              Smith, J.V.            Thomas
Waldrep                Washington             Williams

TOTAL--30
NAYS

Courson                Giese                  Gregory
Martin                 McConnell              Mescher
Richter                Russell                Setzler
Wilson

TOTAL--10

Those who voted in the affirmative are:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Clyburn
Cobb-Hunter            Cromer                 Davenport
Delleney               Elliott                Govan
Harris, P.             Harvin                 Hines
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Klauber                Lloyd
Mason                  McAbee                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rice
Robinson               Rogers                 Scott
Sheheen                Spearman               Stoddard
Tripp                  Whipper, L.            Whipper, S.
Wilder                 Wilkes                 Williams

Total--57

Those who voted in the negative are:

Allison                Brown, H.              Cain
Cooper                 Cotty                  Dantzler
Easterday              Fair                   Felder
Fleming                Fulmer                 Gamble
Harrell                Harris, J.             Harrison
Haskins                Herdklotz              Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             McKay
Meacham                Quinn                  Richardson
Riser                  Sandifer               Seithel
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Stuart
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--56

So, the motion to table was agreed to.

Rep. MEACHAM moved that all nominating speeches be limited to five minutes.

POINT OF ORDER

Senator Matthews raised the Point of Order that the motion to limit nominating speeches would require unanimous consent.

The President of the Senate overruled the Point of Order.

Rep. J. BROWN nominated Mrs. Rogers as follows:

"Mr. President, Ladies and Gentlemen of the Joint Assembly... it is with sincere personal pride that I come before you today for the noble purpose of nominating The Honorable Abigail Rogers for Family Court Judge, Seat 2 of the Fifth Judicial Circuit. I am extremely honored to have the opportunity to again place the name of this well-deserving, esteemed young woman in nomination for a second term of service in the capacity of Family Court Judge, for the Fifth Judicial Circuit. Judge Rogers has distinguished herself during her term of office by demonstrating impeccable moral fortitude, compassion, strength of strong family values, and commitment to make the positive difference in the quality of life for our families and the future of our children. She has demonstrated an excellent knowledge of family law and judicial procedure. She is the only experienced person vying for the position. I have known, admired and respected Judge Rogers for a number of years. During all of that time, I failed to learn of her unwavering commitment for self-determination and empowerment, as well as her strong will to press forward for a worthy cause in the face of seemingly insurmountable odds. Judge Rogers is a graduate of the University of South Carolina School of Law. She received a Juris Doctorate in 1992 and a Bachelor of Arts Degree in 1979. Judge Rogers has served the people of our State well, and she deserves our support for a second term in office. She has tried almost 4,500 cases during her tenure with less than 10 of these cases being successfully appealed to the South Carolina Supreme Court. She has one of the best appeal records of any Judge in our State. Before joining the esteemed members of the bench, Judge Rogers was a successful trial lawyer and prosecuted cases in both Family Court and General Sessions Court. She also served as Assistant Chief Counsel for the South Carolina Department of Highways and Public Transportation, and represented the Department in the Criminal, Civil and Appeals Courts. Not only has Judge Rogers proven to be an innovative pro-active Family Court jurist, but she has mentored a number of young people through her church, and volunteers her time as a tutor. She has also given of her vast knowledge as a teacher in higher education. Judge Abigail Rogers is noted for her splendid ability to examine the facts of a particular case and apply the rules of law on a case-by-case basis. She has a wide range of capabilities and experiences and tries each case on its merits, weeding out the facts, and meting out a decision, based on legal precedent and applicable law, not public opinion. Judge Abigail Rogers has a commendable record of service, which speaks loudly regarding her ability to provide a laudable quality of service for the people of South Carolina, the people of Richland County, and the people of our entire State. We said we wanted child support enforcement, and stricter enforcement of court orders on dead-beat parents. Judge Rogers had the courage to make that happen. We said we wanted violent teens treated as adults, and Judge Rogers put forth every effort to make that happen. We said we wanted bold new initiatives for violent and youthful offenders. Judge Rogers made that happen. We said we wanted unique opportunities for community and church involvement, curative and preventive measures for juvenile delinquents. Judge Rogers made that happen. Judge Rogers had no idea that instead of applause, acclaim and accolades, she would receive ridicule and personal attack for her endeavors to support our children, preserve our families, and deal with juvenile crime, in a fair and impartial manner. What I am asking of you today is to put first things first. I ask that you put qualifications and experience. I ask that you put tried and true reason, tried and true methods, tried and true abilities to make the positive difference in the lives of our families and our young people. I ask that you put first things first, ladies and gentlemen; I ask that you find it in your heart to do the right thing. Judge Rogers has done no crime. Judge Rogers is a young woman of stupendous character and impeccable and moral fortitude. She is extremely capable, responsible, dependable, trustworthy and conscientious. She exemplifies the kinds of characteristics necessary for fair, impartial judgment found in a prudent jurist. She is a jurist who makes judicial use of the power of the bench. Judge Rogers is the only experienced person vying for the position for which she is well-qualified. She is a legal scholar with an impressive record of accomplishments, and an impressive record of service to the people of our State. I proudly place the name of Judge Abigail Rogers in nomination for the office of Family Court Judge for the Fifth Judicial Circuit, Seat 2. I ask that you, my colleagues here in this General Assembly, ladies and gentlemen, please do the right thing. Be able to stand up and stand alone, if necessary, to do the right thing and vote for Abigail Rogers. She is eminently deserving of your support."

Reps. SCOTT, INABINETT, BYRD, Senator Glover, Reps. ANDERSON, McMAHAND, Senators Matthews, Washington, Patterson and Reps. HINES, J. BROWN, NEAL, HOWARD, GOVAN, HARVIN, COBB-HUNTER, WILLIAMS, CAVE, T. BROWN, L. WHIPPER and CLYBURN seconded the nomination of Mrs. Rogers.

Rep. WRIGHT nominated Mrs. Riddle as follows:

"Thank you Mr. President, Mr. Speaker and members of this Joint Assembly... I have the honor of placing the name of Leslie Kirkland Riddle in nomination for the position of Family Court Judge of the Fifth Circuit, Seat #2. I have known Leslie for more than twenty-five years, growing up around the corner from the Kirkland family, including Leslie, her twin brother, Wes, her younger brothers Keith and Bill, and her parents, Henry and Pat. Leslie has always been an active person, totally committed to doing her best at whatever she gets involved in. I have never known her to give up on anything, or anyone, at any time. She has always identified what she wanted to do, and what it would take to get there. I have watched her succeed many, many more times than not, but regardless, Leslie always worked hard, treated others with dignity and respect, and made the best out of any situation. Since her graduation from Clemson University and the USC Law School in 1984, Leslie has worked almost exclusively in the Family Court. In 1985 and 1986, she worked as an assistant solicitor in the Fifth Circuit, assigned exclusively to Family Court. There she handled all matters relating to the prosecution of juveniles as well as the prosecution of individuals accused of physical, emotional and sexual abuse of children. In the Fall of 1986 Leslie began private practice specializing in family law. Since that time she has handled cases involving practically every issue that arises in Family Court, including divorce, child custody, alimony, equitable division of property, child support, visitation, adoptions, representation of parties in child abuse actions, juvenile delinquency cases, and representing children in custody cases as their guardian ad litem. Her desire to help abused children led Leslie to become the attorney for the Volunteer Guardian Ad Litem project of Richland County in 1988. Additionally, Leslie served abused and neglected children during 1993 as a Special Assistant Solicitor in the Fifth Circuit, prosecuting parents and other individuals accused of physical, emotional and sexual abuse of children in Family Court. As you can see, Leslie has had active experience for more than a decade in every type of matter that is heard by Family Court judges. This extensive, personal experience uniquely qualifies her for the position of Family Court Judge. If you have read the screening reports from both the Bar and the Joint Committee for Judicial Screening, and I hope you have/ you found that Leslie has gained the utmost respect of her fellow practitioners, especially with regard to the temperament and demeanor necessary to be a fair, impartial and efficient Family Court judge. She is known throughout the bar and elsewhere as a person of honesty and integrity. She has the character and principles to do what she says and to stand by her actions. For more than a year you, the members of the General Assembly have had an opportunity to meet and personally get to know Leslie Kirkland Riddle. Her first trip here was a positive one, although she came up a hair short. Again, she learned from the experience, identified what she had to do the next time, and went to work. Many of you have asked her difficult questions, which she has handled exceptionally well, showing the depth of her knowledge regarding the law in Family Court. Some of you have also asked her difficult questions relating to this race. Leslie has consistently campaigned in this race on her own qualifications. She resisted the temptations to go on the attack, because to do so would have taken away from why she is here and why she is the best candidate for this position. Let's face it. This has not been a fun race for Leslie to be in. Of all the races in recent memory, this race has generated the most political and public interest. There have been many public accusations made and many names called by people supporting Leslie's opponent. But at no time, and I repeat... at no time, has Leslie Kirkland Riddle, her family, her friends or any member supporting her, said anything whatsoever unless it spoke of the qualifications of Leslie Kirkland Riddle and what she will bring to the Family Court bench. This is a serious decision for us to make today. Leslie's actions show a genuine respect for the dignity of this legislative process, and are consistent with the professionalism that has guided her career. Leslie is a person of strong character. She has strong family support from her husband and family, who are in the balcony today. She is the mother of three sons, who are all boy... and I mean all boy. Regardless of how fast she has to run to raise these boys in the manner she was raised herself, Leslie has never skipped a beat. She is a mother and a wife, and a good one too, but she is just as good at her profession. She has demonstrated the ability to balance both motherhood and a career, like most women in today's society. She's where she has to be when she has to be there, and will continue to do so in the future. I can think of no better person to support. I believed it strongly last year and I believe it even more today. Ladies and gentlemen of this Joint Assembly, I am proud to place in nomination the name of Leslie Kirkland Riddle for the position of Family Court Judge."

Reps. KNOTTS, KELLEY, WITHERSPOON, RISER, Senator Wilson, Reps. WALKER, WHATLEY, MASON, HERDKLOTZ, TROTTER, MARCHBANKS, Senator Giese and Reps. MEACHAM, SEITHEL, FULMER, SANDIFER, J. YOUNG and TUCKER seconded the nomination of Mrs. Riddle.

On motion of Senator McConnell, nominations were closed.

The following named Senators voted for Ms. Riddle:

Alexander              Cork                   Courson
Courtney               Drummond               Elliott
Giese                  Gregory                Hayes
Holland                Leatherman             Leventis
Martin                 McConnell              Mescher
Moore                  O'Dell                 Passailaigue
Peeler                 Rankin                 Reese
Richter                Russell                Setzler
Smith, G.              Smith, J.V.            Thomas
Waldrep                Williams               Wilson

TOTAL--30

The following named Senators voted for Ms. Rogers:

Ford                   Glover                 Jackson
Land                   Matthews               McGill
Patterson              Saleeby                Washington

TOTAL--9

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

The following named Representatives voted for Ms. Riddle:

Allison                Askins                 Baxley
Boan                   Brown, H.              Cain
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Elliott
Fair                   Fleming                Fulmer
Gamble                 Harrell                Harris, J.
Harris, P.             Harrison               Haskins
Herdklotz              Hodges                 Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Knotts                 Koon
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
McCraw                 McElveen               McKay
McTeer                 Meacham                Quinn
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stoddard
Stuart                 Thomas                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Wilder
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

Total--82

The following named Representatives voted for Ms. Rogers:

Anderson               Bailey                 Beatty
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Canty
Carnell                Cave                   Clyburn
Cobb-Hunter            Govan                  Harvin
Hines                  Howard                 Inabinett
Kennedy                Lloyd                  McAbee
McMahand               Moody-Lawrence         Neal
Neilson                Rhoad                  Scott
Whipper, L.            Whipper, S.            Williams

Total--30
RECAPITULATION

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

Whereupon, the President announced that Ms. Leslie Riddle, having received a majority of the votes cast, was duly elected for the term prescribed by law.

STATEMENT FOR JOURNAL

I abstained from voting in the Judicial election today. I did so because the feedback I had received up until screening had been favorable. The "unqualified" finding of the Judicial screening committee causes me concern to the point where I do not feel I can cast a favorable vote for Judge Rogers.

Rep. JAMES L.M. CROMER, JR.

RECORD FOR VOTING

I was called to sign the conference reports on the budget, as well as Carnell-Felder, Surplus Bill, and the Capital Reserve Bills. Had I been present at the time of the vote I would have voted for Leslie Riddle for Family Court Judge of Fifth Judicial Circuit.

Rep. JOHN G. FELDER

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:40 P.M. the House resumed, the SPEAKER in the Chair.

Rep. A. YOUNG moved that the House recede until 2:15 P.M., which was adopted.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAILEY a leave of absence due to a doctor's appointment at the Medical University in Charleston.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. A. YOUNG moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

S. 365--FREE CONFERENCE POWERS GRANTED

Rep. TOWNSEND moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Rep. McTEER spoke against granting Free Conference Powers.

SPEAKER PRO TEMPORE IN CHAIR

Rep. McTEER continued speaking.

Rep. WRIGHT spoke in favor of granting Free Conference Powers.

Rep. STILLE spoke against granting Free Conference Powers.

SPEAKER IN CHAIR

Rep. STILLE continued speaking.

Rep. ALLISON spoke in favor of granting Free Conference Powers.

Rep. TOWNSEND spoke in favor of granting Free Conference Powers.

The yeas and nays were taken resulting as follows:

Yeas 83; Nays 31

Those who voted in the affirmative are:

Allison                Askins                 Baxley
Boan                   Brown, G.              Cain
Carnell                Cato                   Chamblee
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Easterday
Elliott                Fair                   Felder
Fleming                Fulmer                 Gamble
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Haskins
Herdklotz              Howard                 Huff
Hutson                 Jennings               Keegan
Kelley                 Kinon                  Klauber
Knotts                 Koon                   Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  McAbee
McCraw                 McKay                  Meacham
Neilson                Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stuart                 Thomas
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--83

Those who voted in the negative are:

Anderson               Beatty                 Breeland
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Delleney               Govan
Hines                  Inabinett              Kennedy
Keyserling             Kirsh                  Lloyd
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Rogers
Scott                  Sheheen                Stille
Whipper, L.            Whipper, S.            Wilder
Williams

Total--31

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. TOWNSEND, ALLISON and WRIGHT to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 365---FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 29, 1995

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Beg leave to report that they have duly and carefully considered the same and recommend:

that the bill do pass amended as follows:

Strike all after the enacting words and insert:

/SECTION     1.     Section 59-103-10 of the 1976 Code is amended to read:

"Section 59-103-10.     There is created the State Commission on Higher Education. Two members must be appointed by the Governor from each congressional district upon the recommendation of the majority of the legislative delegation members from the district. Six members must be appointed by the Governor from the State at large with the advice and consent of the Senate. Members must be appointed for terms of four years and until their successors are appointed and qualify. No one is eligible to serve on the commission for more than two consecutive terms. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member may be an employee or member of a governing body of a public or private institution of higher learning in this State. The commission shall consist of fourteen members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three members appointed from the State at-large, three representatives of the public colleges and universities, and one representative of the independent colleges and universities of South Carolina.

The membership of the Commission on Higher Education must be as follows:

(1)     Nine members, six to represent each of the congressional districts of this State appointed by the Governor upon the recommendation of the majority of the legislative delegation members from the district and three members appointed from the State at-large upon the advice and consent of the Senate. Each representative of a congressional district must be a resident of the congressional district they represent. In order to qualify for appointment, the representatives from the congressional districts and those appointed at-large must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts or appointed at-large must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered congressional district shall be two years.

If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.

(2)     Three members to serve ex officio to represent the public colleges and universities appointed by the Governor with the advice and consent of the Senate. It shall not be a conflict of interest for any voting ex officio member to vote on matters pertaining to their individual college or university. One member must be serving on the board of trustees of one of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public institutions of higher learning, and one member must be a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years with terms to rotate among the institutions.

(3)     One ex officio member to represent the independent colleges and universities by the Governor upon the advice and consent of the Senate. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years and shall serve as a nonvoting member.

(4)     One at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. This member must be appointed for a term of four years and may be reappointed for one additional term, however, he may serve only one term as chairman.

The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members of the commission shall serve until their successors are appointed and qualify. The chairman of the commission must be elected annually by the members of the commission and may not serve as chairman for more than four consecutive years. Members recommended by the General Assembly must be residents of the appropriate congressional district. If the boundaries of congressional districts are changed, members serving on the commission continue to serve until the expiration of their terms, but successors to members whose terms expire must be appointed from the newly defined congressional district. If a congressional district is added, the commission must be enlarged to include representation from that district."

SECTION     2.     The 1976 Code is amended by adding:

"Section 59-103-45.     In addition to the powers, duties, and functions of the Commission on Higher Education as provided by law, the commission, notwithstanding any other provision of law to the contrary, shall have the following additional duties and functions with regard to the various public institutions of higher education:

(1)     establish procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools;

(2)     coordinate with the State Board of Education in the approval of secondary education courses for the purpose of determining minimum college entrance requirements; and

(3)     review minimum undergraduate admissions standards for in-state and out-of-state students."

SECTION     3.     Section 59-103-60 of the 1976 Code is amended to read:

"Section 59-103-60.     The commission shall make such recommendations to the Governor's Office State Budget and Control Board and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study and report any requests of institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."

SECTION     4.     Section 59-103-90 of the 1976 is amended to read:

"Section 59-103-90.     An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Employee Grievance Procedure Act of 1982 and may be dismissed without cause.

A professional staff complement shall be established by the Commission on recommendation of the executive director which who shall insure ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to insure ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state-supported institutions in the State. Provision shall be made for persons of high competence and strong professional experience in such the areas of academic affairs, public service and extension programs, business and financial affairs, institutional studies and long-range planning, student affairs, research and development, legal affairs, health affairs, institutional development, and for state and federal programs administered by the commission. The hiring of additional staff members to any position for which funds were not specifically appropriated by the General Assembly shall require prior approval by the General Assembly."

SECTION 5.     A joint legislative committee to study the governance and operation of higher education in South Carolina and the institutional structures of higher education is established as follows:

(1)     four members of the committee shall be appointed by the Speaker of the House of Representatives from that body and four members shall be appointed by the President Pro Tempore of the Senate from that body. At least one member of the committee appointed by the Speaker of the House from that body and at least one member of the committee appointed by the President Pro Tempore of the Senate from that body shall be an African-American, and at least one other member of the committee appointed by the Speaker of the House from that body and the President Pro Tempore of the Senate from that body must be a female. Four members of the committee must be appointed by the Governor, two of whom must represent the business community, one of whom must be an institutional trustee elected by the General Assembly, and one who must be a member of the Commission on Higher Education. A chairman shall be elected from among the membership of the committee. The committee shall be convened no later than July 1, 1995.

(2)     The committee shall:

(a)     conduct a comprehensive review of the current governance structure of higher education including statewide coordinating and oversight measures currently sustained.

(b)     examine:

(i)     national trends and reform efforts in higher education governance structures, including the advantages and disadvantages of increasing or decreasing the oversight role of state level governance of higher education;

(ii)     the lines of authority and the relationship between the respective boards of trustees and the Commission on Higher Education;

(c)     investigate how higher education opportunities are currently provided to South Carolina students by examining the structures of higher education institutions at all levels;

(d)     address any other matters the committee considers necessary or appropriate.

(e)     solicit topics of inquiry from all public and private institutions in the State and the Commission on Higher Education.

(3)     At least one staff person shall be transferred to the committee from the Legislative Audit Council and from the State Reorganization Commission for the duration of the study. The study committee shall use this staff in conjunction with other professional staff. Legislative staff of the committee shall be the lead staff and the staff transferred to the committee from the Legislative Audit Council, and the State Reorganization Commission shall support the lead legislative staff. Upon completion of the workplan of the study and if the committee determines that more staff are needed to ensure a timely report and so requests, one additional professional staff person must be transferred from the Legislative Audit Council and from the State Reorganization Commission. The Commission on Higher Education and the staff of the public institutions of higher education shall cooperate fully with the committee including providing staff support and other in-kind resources as requested by the committee.

(4)     The committee shall conclude its work and issue its final report by February 1, 1996, which shall serve as the decennial report of the Commission on Higher Education. The final report shall be submitted to the House Education and Public Works Committee and the Senate Education Committee, and must be considered the first report required by the Decennial section of the commission's Master Assessment plan, and upon submission of its final report, the committee shall be dissolved.

(5)     Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of the General Assembly to be paid from approved accounts of both houses.

SECTION     6.     The terms of the present members of the State Commission on Higher Education shall expire on July 1, 1996, at which time the members of the commission selected in the manner provided by this act shall take office. The present members of the commission who have not served a majority of two terms may be reappointed for one additional term.

SECTION     7.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

/s/Nikki Setzler                  /s/Ronald Townsend
/s/James Bryan                    /s/David Wright
/s/Samuel Stilwell                /s/Rita Allison
On the part of the Senate.                 On the part of the House of                Representatives.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 365--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence.

H. 3690--FREE CONFERENCE POWERS GRANTED

Rep. HARRELL moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

Rep. FELDER spoke in favor of granting Free Conference Powers.

Rep. HARRELL spoke in favor of granting Free Conference Powers.

Rep. L. WHIPPER moved that the House resolve itself into a Committee of the Whole.

Rep. A. YOUNG moved to table the motion.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 79; Nays 34

Those who voted in the affirmative are:

Allison                Askins                 Baxley
Boan                   Brown, G.              Cain
Cato                   Cave                   Chamblee
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Elliott                Fair                   Felder
Fleming                Fulmer                 Gamble
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Haskins
Herdklotz              Huff                   Hutson
Jennings               Keegan                 Kelley
Kinon                  Klauber                Knotts
Koon                   Law                    Limbaugh
Limehouse              Littlejohn             Marchbanks
Mason                  McAbee                 McCraw
McElveen               McKay                  McTeer
Meacham                Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Stoddard               Stuart                 Thomas
Townsend               Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whatley                Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

Total--79

Those who voted in the negative are:

Anderson               Beatty                 Breeland
Brown, J.              Brown, T.              Byrd
Carnell                Clyburn                Cobb-Hunter
Cromer                 Govan                  Hines
Hodges                 Howard                 Inabinett
Kennedy                Keyserling             Kirsh
Lloyd                  McMahand               Moody-Lawrence
Neal                   Richardson             Rogers
Scott                  Seithel                Sheheen
Shissias               Spearman               Stille
Whipper, L.            Whipper, S.            Wilder
Williams

Total--34

So, the motion to resolve itself into a Committee of the Whole was tabled.

Rep. FELDER spoke in favor of granting Free Conference Powers.

The question then recurred to the motion to grant Free Conference Powers.

The yeas and nays were taken resulting as follows:

Yeas 87; Nays 25

Those who voted in the affirmative are:

Allison                Askins                 Baxley
Boan                   Brown, G.              Cain
Carnell                Cato                   Cave
Chamblee               Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Fair                   Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Haskins                Herdklotz
Huff                   Hutson                 Jennings
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Koon
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
McAbee                 McCraw                 McKay
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Seithel                Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Thomas
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, J.

Total--87

Those who voted in the negative are:

Anderson               Beatty                 Breeland
Brown, T.              Byrd                   Clyburn
Cobb-Hunter            Govan                  Hines
Hodges                 Howard                 Inabinett
Keyserling             Kirsh                  Lloyd
McMahand               Moody-Lawrence         Neal
Richardson             Rogers                 Scott
Sheheen                Whipper, L.            Whipper, S.
Williams

Total--25

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HARRELL, H. BROWN and FELDER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 3690---FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 9, 1995

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Revenues derived by the Department of Revenue and Taxation pursuant to Section 12-21-2720(C) of the 1976 Code as in effect on January 1, 1995, shall lapse to the general fund of the State.

SECTION     2.     From fiscal year 1994-95 general fund surplus revenues in excess of $54,591,247 and subject to the provisions of Section 1, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
1.     Operating Deficit

Appellate Defense     94,296
2.     Operating Deficit

Adjutant General     639,843
3.     General Reserve Fund Transfer     10,556,980
4.     Aid to Subdivisions

Local Government Fund     15,717,734
5.     Department of Education

Instructional Materials     10,000,000
6.     Department of Health and

Human Services

Maintain Medicaid Program     11,922,841
7.     Department of Health and

Human Services

Community Long Term Care     1,062,628
8.     Department of Health and

Human Services

Emotionally Disturbed Children     12,000,000
9.     Commission on Higher Education

Phase in of Base Reduction     98,220
10.     Department of Education

Fringe Equity     8,500,000
11.     Department of Education

Bus Driver Bonus     1,500,000

The State Department of Education shall develop a plan for the distribution of bus driver bonus pay. The bonus is not a part of the employee's salary and is not earnable compensation for purposes of employer or employee contributions to the retirement system.
12.     Probation, Parole and

Pardon

Offender Supervision & Agents     1,658,116
13.     Wil Lou Gray

Food Service-USDA     15,000
14.     Vocational Rehabilitation

Case Services     950,000
15.     Commission on Higher Education

EPSCOR     2,000,000
16.     Commission on Higher Education

SCAMP     600,000
17.     Human Affairs Commission

Investigators     150,000
18.     Department of Corrections

Ridgeland     11,828,074
19.     Judicial Department

New Judges     1,000,000
20.     Attorney General

Statewide Grand Jury     313,000
21.     Higher Education Tuition Grants

Tuition Grants     1,218,736
22.     Commission on Higher Education

Formula     18,128,876
23.     Probation, Parole and Pardon

Electronic Monitoring     1,000,000
24.     Probation, Parole and Pardon

Halfway Houses-Alston Wilkes Society     200,000
25.     Department of Agriculture

Market Services-Grading/Inspection     52,547
26.     Department of Natural Resources

Land Resources-Operating Expenses, Insurance     150,000
27.     State Budget and Control Board

Grant Funds     330,000
28.     Commission on Higher Education

Greenville Higher Education Consortium     200,000
29.     USC-Columbia

African-American Studies     200,000
30.     USC-Columbia

Law School Library     330,000
31.     State Board for Technical and

Comprehensive Education

Special School Funding     5,000,000
32.     Department of Education

Library Materials     1,000,000
33.     Department of Education

Darlington Desegregation     500,000
34.     Educational Television Commission

Technology for all Schools     500,000
35.     School for Deaf and Blind

Campus Safety-Contractual     50,000
36.     Confederate Relic Room

Renovation     62,000
37.     State Library

Reading Devices     276,000
38.     Arts Commission

Computer Network     25,000
39.     Commission for the Blind

Dorm Roof Repairs     204,240
40.     Department of Natural Resources

Vehicles and Law Enforcement Equipment     800,000
41.     Department of Natural Resources

Law Enforcement-Replace Aircraft Engine     60,000
42.     Department of Natural Resources

Water Resources-

Computer Mapping System     205,000
43.     Department of Natural Resources

Fisheries-Dennis Wildlife Center

Maintenance     300,000
44.     Department of Natural Resources

Marine Resources-Dredge Boat Slip     530,000
45.     Department of Natural Resources

Communications-Map Education

Program and Equipment Replacement     100,000
46.     Parks, Recreation & Tourism

Dr. Ron McNair Memorial     50,000
47.     Department of Commerce

Williamsburg Airport Improvements     405,400
48.     Department of Commerce

York Airport Improvements     500,000
49.     Department of Commerce

Hartsville Airport Improvements     389,727
50.     Property Tax Relief Fund     11,699,405
51.     The Citadel-Women's Leadership Program     2,000,000
52.     Coordinating Council for

Economic Development     1,350,000
53.     Coastal Carolina University

Humanities Building A & E     600,000
54.     SC State University

1890 Extension Program     500,000
55.     Governor's Office-SLED

DataMaster     275,000
56.     Clemson PSA

Animal Diagnostic Lab     5,097,060
57.     University of South Carolina

Institute of Public Affairs     500,000
58.     Department of Mental Health

Reimburse Patient Fee Account     3,800,000
59.     House of Representatives

Committee on Aging     80,000
60.     Budget & Control Board

Advisory Commission on

Intergovernmental Relations     250,000

From the funds appropriated, the Director of the Advisory Commission on Intergovernmental Relations, Budget and Control Board, will conduct a study of the infrastructure capacity, needs, and developmental potential within the regions of the State. An advisory steering committee will be comprised of the Executive Director of the Budget and Control Board, the Secretary of Commerce, the Executive Director of the Department of Transportation, the Director of the Department of Parks, Recreation & Tourism, or their designees, three appointees of the Governor, three appointees of the Chairman of the Senate Finance Committee, three appointees of the Chairman of the House Ways & Means Committee and three representatives selected by the executive directors of the Regional Councils of Government. This committee will assist in the design of the study and will participate in the analysis of its findings. The Governor will designate one of his appointees to serve as chairperson. A final report will be submitted to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House Ways & Means Committee by June 30, 1996.
61.     University of South Carolina

Center for Electrochemical Engineering     500,000
62.     University of South Carolina

Small Business Development Center

Base Closure Grant Match     150,000
63.     Coordinating Council for

Economic Development     5,000,000
64.     Department of Health and

Environmental Control

Sullivan's Island Beach

Inlet Renourishment     30,000

Funds appropriated for the Sullivan's Island Breach Inlet Renourishment Project cannot be expended until the Mayor of Sullivan's Island certifies to the Department of Health and Environmental Control that matching funds are available for expenditure.
65.     Attorney General's Office

Insurance Fraud Unit     50,000
66.     State Law Enforcement Division

Insurance Fraud Unit     50,000
67.     Medical University of South Carolina

Dialysis Research     165,000
68.     Governor's Office

Legacy Trust Fund     2,250,000
69.     Department of Mental Health

Pee Dee Mental Health Center     4,500,000
70.     Probation, Pardon and Parole

Employment Services     50,000
71.     Department of Commerce

Chester County Airport

Improvements     300,000
72.     Department of Agriculture

Chester County Farmers Market

Renovations     35,000
73.     Department of Education

Tugaloo

Environmental Education     150,000
74.     Governor's Office - OEPP

Legal Services Program     50,000
75.     Budget and Control Board

Equity Lawsuit     100,000
76.     Department of Education

Governor's School of Math

and Science     2,000,000
77.     Department of Natural Resources

Boat Facility

Matching Federal Funds     200,000
78.     State Law Enforcement Division

DNA Program: Freezer and Implementation     100,000
79.     City of Newberry

Opera House Restoration     250,000
80.     Budget and Control Board

Division of Operations

Carolina Plaza     600,000
81.     Adjutant General

Armory Maintenance and Repair     500,000
82.     Property Tax Relief Fund     11,200,000
83.     Coastal Carolina University

Community Fitness Center     250,000

Total     178,005,723

SECTION     3.     (A)     Appropriations in Section 2 are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.

(B)     Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.

SECTION     4.     In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the State $2,500,000 each for the University of South Carolina and City of Greenville arena projects, but this appropriation is contingent upon receipt of the $5,000,000 from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the construction. Failure of either of the entities to present a plan to be approved prior to December 31, 1996, shall result in forfeiture and lapse of these appropriations.

SECTION     5.     The remaining balance on the loan made to the Patriot's Point Development Authority from the Coordinating Council on Economic Development must be reduced by an amount equal to the value of the capital assets of the improvements made by the Patriot's Point Development Authority from the proceeds of the loan. The value of the capital assets must be determined by the State Budget and Control Board.

SECTION     6.     Notwithstanding any other provision of law, any unallocated fiscal year 1994-95 Education Finance Act funds shall be used to purchase school buses under the terms of the existing contract. Should any of the unallocated fiscal year 1994-95 Education Finance Act funds not be utilized to purchase school buses, remaining funds shall be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations.

SECTION     7.     The State Budget and Control Board will transfer sufficient FTEs and associated appropriations for personal services and other operating expenses as identified by the Department of Revenue and Taxation and the Department of Public Safety from the Department of Public Safety to the Department of Revenue and Taxation. These positions and associated funds are to be used to perform dealer record inspection and audits and verify criteria as defined in Chapters 15 and 16 of Title 56 and Chapter 17 of Title 31 of the 1976 Code for licensing purposes. The Director of the Department of Public Safety will reassign those personnel remaining, but originally assigned, to perform the duties of record inspections and audits to other duties within the department.

SECTION     8.     A.     Section 44-2-20 of the 1976 Code, as last amended by Section 80C, Part II, Act 497 of 1994, is amended by adding appropriately numbered items to read:

"( )     'Affiliate' means persons who are affiliates to each other if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interest among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension, debarment, or exclusion of a person, under applicable regulation, where the person has the same or similar management, ownership, or principal employees as the suspended, debarred, or excluded person.

( )     'Familial relationship' means a connection or association by family or relatives, in which a family member or relative has a material interest. Family or relatives include father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, or fiancee.

( )     'Financial relationship' means a connection or association through a material interest or sources of income which exceed five percent of annual gross income from a business entity.

( )     'Related interest' means affiliated companies, principal owners of the client company, or any other party with which the client deals where one of the parties can influence the management or operation policies of the other."

B.     Section 44-2-50(A) of the 1976 Code, as added by Act 486 of 1988, is amended to read:

"(A)     The department shall promulgate regulations relating to permitting, release detection, prevention, and correction applicable to all owners and operators of underground storage tanks as may be necessary to protect human health and the environment. The department in these regulations may distinguish between types and classes of underground storage tanks. The regulations promulgated pursuant to this section shall must include the following requirements for underground storage tanks:

(1)     requirements for submitting a permit application and obtaining permits prior to before the installation and operation of an underground storage tank;

(2)     requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;

(3)     requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system;

(4)     requirements for reporting of releases and corrective action taken in response to a release from an underground storage tank;

(5)     requirements for taking corrective action in response to a release from an underground storage tank. The requirements mandated by this item, other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, do not apply to a person who, without participating in the management of an underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership do not include persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing; and

(6)     requirements for the closure of tanks to prevent future releases of regulated substances into the environment."

C.     Section 44-2-80 of the 1976 Code, as added by Act 486 of 1988, is amended to read:

"Section 44-2-80.     (A)     Any person who releases a regulated substance from an underground storage tank shall immediately shall undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the department may undertake the removal of the abatement measures and other site rehabilitation actions in response to a release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct the cleanup site rehabilitation.

(B)     The requirement to conduct site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, does not apply to a person who, without participating in the management of an underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership do not include persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing.

(C)     A person who acquires title to any property on which an underground storage tank has been removed is not responsible for site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment. This exemption applies to the extent the release is eligible for compensation from the Superb Account if both of the following conditions are met:

(1)     The person does not have or has not had any familial, financial, or related interest with the person who owned or operated the underground storage tanks that were previously in use at that property. The person must not be an affiliate of the owner or operator.

(2)     The person allows for reasonable access by the underground storage tank owner or operator or the department to perform site rehabilitation activities."

SECTION     9.     A.     Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-80.     (A)     A county, municipality, special purpose or public service district, and a school district shall provide notice to the public by advertising the public hearing before the adoption of its budget for the next fiscal year in at least one South Carolina newspaper of general circulation in the area. This notice must be given not less than fifteen days in advance of the public hearing and must be a minimum of two columns wide with a bold headline.

(B)     The notice must include the following:

(1)     the governing entity's name;

(2)     the time, date, and location of the public hearing on the budget;

(3)     the total revenues and expenditures from the current operating fiscal year's budget of the governing entity;

(4)     the proposed total projected revenue and operating expenditures for the next fiscal year as estimated in next year's budget for the governing entity;

(5)     the proposed or estimated percentage change in estimated operating budgets between the current fiscal year and the proposed budget;

(6)     the millage for the current fiscal year; and

(7)     the estimated millage in dollars as necessary for the next fiscal year's proposed budget.

(C)     This notice is given in lieu of the requirements of Section 4-9-130."

B.     This section is effective for fiscal years beginning after July 1, 1995.

SECTION     10.     This joint resolution takes effect upon approval by the Governor, but no appropriation in Section 2 may be paid until after the Comptroller General closes the state's books on fiscal year 1994-95./

Amend title to conform.

/s/Senator John Drummond          /s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith         /s/Rep. John G. Felder
/s/Senator Harvey S. Peeler       /s/Rep. Robert W. Harrell, Jr.
On Part of the Senate.                 On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3647---CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 9, 1995

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 11-11-140 of the 1976 Code, as last amended by Section 7, Part II, Act 497 of 1994, is further amended by adding at the end:

"(F)     Notwithstanding the provisions of subsection (D), appropriations from surplus may not be expended before the Comptroller General's closing of the books on the fiscal year in which the surplus occurred. The surplus in this subsection, that is the calculated set-aside as defined in this section, after reduction by way of transfer to the general fund of such amount as necessary to offset any recognized budget shortfall for the fiscal year in which the set-aside surplus occurred, is appropriated for deposit in the State Property Tax Relief Fund. After the first year that the State Property Tax Relief Fund is fully funded, the procedure in subsection (D) must be applied."

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to read:
/TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROHIBIT APPROPRIATIONS OF SURPLUS REVENUES BEFORE THE CLOSING OF THE STATE'S BOOKS FOR A FISCAL YEAR AND TO PROVIDE THAT THE AMOUNT UNAVAILABLE FOR APPROPRIATION IN THE ANNUAL GENERAL APPROPRIATIONS ACT PURSUANT TO THE LIMITATION, AFTER TRANSFER TO THE GENERAL FUND OF AMOUNTS NECESSARY TO OFFSET A RECOGNIZED BUDGET SHORTFALL FOR THE YEAR FOR WHICH THE LIMITATION APPLIED, IS APPROPRIATED TO THE PROPERTY TAX RELIEF FUND./

/s/Senator John Drummond          /s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith         /s/Rep. John G. Felder
/s/Senator Harvey S. Peeler       /s/Rep. Robert W. Harrell, Jr.
On Part of the Senate.                 On Part of the House.

Rep. FELDER explained the Conference Report.

Rep. CROMER moved that the House go into a Committee of the Whole to discuss:

(1)     Low-Level Radioactive Waste Disposal;

(2)     Licensing and Regulation of video gaming machines; and,

(3)     Appropriation of funds for single-gender education.

Rep. A. YOUNG moved to table the motion.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 74; Nays 34

Those who voted in the affirmative are:

Allison                Askins                 Boan
Cain                   Carnell                Cato
Cave                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Elliott
Fair                   Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Herdklotz              Huff
Hutson                 Jennings               Keegan
Kelley                 Kinon                  Klauber
Knotts                 Koon                   Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  McAbee
McCraw                 McKay                  McTeer
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Sharpe                 Shissias
Smith, R.              Stille                 Stoddard
Stuart                 Thomas                 Townsend
Trotter                Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--74

Those who voted in the negative are:

Anderson               Baxley                 Breeland
Brown, G.              Brown, T.              Byrd
Clyburn                Cobb-Hunter            Cromer
Govan                  Hines                  Hodges
Inabinett              Kennedy                Keyserling
Kirsh                  Lloyd                  McElveen
McMahand               Meacham                Moody-Lawrence
Neal                   Neilson                Richardson
Rogers                 Scott                  Sheheen
Simrill                Spearman               Tripp
Tucker                 Whipper, L.            Wilder
Williams

Total--34

So, the motion was tabled.

RECORD FOR JOURNAL

I was not in the House Chamber for the tabling motion to go into the Committee of the Whole to discuss Barnwell. Had I been present, I would have voted "No" on the tabling motion.

Rep. LYNN SEITHEL

Rep. CROMER moved that the House go into a Committee of the Whole to discuss:

(1)     Low-Level Radioactive Waste Disposal.

Rep. A. YOUNG moved to table the motion.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 67; Nays 43

Those who voted in the affirmative are:

Allison                Askins                 Boan
Cain                   Carnell                Cato
Cave                   Chamblee               Cooper
Dantzler               Davenport              Easterday
Elliott                Fair                   Felder
Fleming                Fulmer                 Gamble
Harrell                Harris, P.             Harrison
Harvin                 Haskins                Herdklotz
Huff                   Jennings               Keegan
Kelley                 Kinon                  Klauber
Knotts                 Koon                   Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  McAbee
McCraw                 McKay                  Phillips
Rhoad                  Rice                   Riser
Robinson               Sandifer               Sharpe
Smith, D.              Smith, R.              Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkes                 Wilkins
Witherspoon            Wofford                Wright
Young, A.

Total--67

Those who voted in the negative are:

Anderson               Baxley                 Breeland
Brown, G.              Brown, T.              Byrd
Clyburn                Cobb-Hunter            Cotty
Cromer                 Delleney               Govan
Hines                  Hodges                 Hutson
Inabinett              Kennedy                Keyserling
Kirsh                  Lloyd                  McElveen
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Quinn                  Richardson             Rogers
Scott                  Sheheen                Shissias
Simrill                Spearman               Thomas
Tucker                 Whipper, L.            Whipper, S.
Wilder                 Williams               Worley
Young, J.

Total--43

So, the motion was tabled.

RECORD FOR JOURNAL

I was away from my desk when the tabling motion to go into the Committee of the Whole to discuss Barnwell came to a vote. Had I been present, I would have voted "No" on the tabling motion.

Rep. LYNN SEITHEL

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3363---CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 9, 1995

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from monies in the Capital Reserve Fund for fiscal year 1994-95 the following amounts for the purposes stated:

(1)     Budget and Control Board

    Federal Retiree Settlement     12,500,000

(2)     Budget and Control Board

    Catawba Indian Settlement     2,500,000

(3)     State Election Commission

1996 Primary Elections     500,000

(4)     Commission on

Higher Education

Formula     35,071,124

(5)     Tuition Grants

    Grant Funds     1,000,000

(6)     Department of Education

Bus Maintenance and Fuel     1,000,000

(7)     Department of Corrections

    Vehicles/Maintenance     2,211,360

(8)     Department of Juvenile Justice

    Vehicles/Equipment     870,000

(9)     South Carolina Law Enforcement

Division

    Vehicles/Equipment     1,660,000

(10)     Department of Natural

Resources

Vehicle Replacement     1,000,000

(11)     Department of Health and

Environmental Control

Environmental Quality Control

Equipment     277,000

(12)     Department of Health and

Environmental Control

Coastal Council

Beach Renourishment     5,200,000

(13)     Department of Parks, Recreation

and Tourism

Palmetto Trail     600,000

(14)     Department of Insurance

Computer Equipment     1,000,000

(15)     Election Commission

Automated Voting Equipment     415,000

(16)     Department of Labor,

Licensing, and

Regulation

Fire Academy Equipment     250,000

(17)     Judicial Department

Pilot Arbitration Program     100,000

(18)     Administrative Law Judges

Training     10,775

(19)     Department of Veterans Affairs

Veterans Cemetery     220,000

(20)     Clemson PSA

Camp Hope     672,000

(21)     Charleston Redevelopment Authority     200,000

Total     67,257,259

SECTION     2.     With respect to appropriations made in Section 1 of this joint resolution, any funds appropriated by the State for the Grand Strand Beach Renourishment Project cannot be expended until the United States Army Corps of Engineers certifies to the Department of Health and Environmental Control that the federal funds and the required funds from local governments for construction of the Grand Strand Beach Renourishment Project are available for expenditure.

SECTION     3.     This joint resolution takes effect thirty days after the completion of the 1994-95 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Amend title to conform.

/s/Senator John Drummond          /s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith         /s/Rep. John G. Felder
/s/Senator Harvey S. Peeler       /s/Rep. Robert W. Harrell, Jr.
On Part of the Senate.                 On Part of the House.

Rep. HARRELL explained the Conference Report.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the Conference Report was out of order in compliance with Rule 5.15 in that it had not been printed.

The SPEAKER sustained the Point of Order.

RULE 5.14 WAIVED

Rep. HUFF moved to waive Rule 5.14.

The yeas and nays were taken resulting as follows:

Yeas 81; Nays 14

Those who voted in the affirmative are:

Askins                 Baxley                 Boan
Cain                   Carnell                Cato
Cave                   Chamblee               Clyburn
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Elliott                Fair                   Felder
Fleming                Gamble                 Harrell
Harrison               Harvin                 Haskins
Herdklotz              Huff                   Hutson
Jennings               Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  McAbee
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Thomas                 Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--81

Those who voted in the negative are:

Breeland               Byrd                   Cooper
Hodges                 Inabinett              Lloyd
McElveen               McMahand               Neal
Rogers                 Scott                  Sheheen
Whipper, L.            Whipper, S.

Total--14

So, Rule 5.14 was waived.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4304 -- Reps. Haskins, Boan and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, OCTOBER 24, 1995, AS THE TIME FOR ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT.

H. 4304--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up for immediate consideration.

H. 4304 -- Reps. Haskins, Boan and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, OCTOBER 24, 1995, AS THE TIME FOR ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT.

Amend Title To Conform

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, October 24, 1995, at 12:00 noon to elect persons to fill the judicial offices created in the 1995-96 General Appropriations Act if screening has been completed and a report issued by the Joint Legislative Screening Committee and to include gubernatorial vetoes.

Rep. SCOTT spoke against the Concurrent Resolution.

POINT OF ORDER

Rep. HODGES raised the Point of Order that the Concurrent Resolution was out of order under Rule 5.12 in that it was introduced after the April 15th deadline and it would require two-thirds of the membership present and voting in order to waive the rule and consider it.

The SPEAKER stated that the House had a Sine Die Resolution which required a two-thirds vote which the House took up on June 1 and it authorized a very detailed list of things that really became the House Calendar. He further stated that since this was listed on the Resolution, then the House met the requirement.

Rep. HODGES stated that this was a separate Resolution and the House had authorized this under the Sine Die Resolution in the event the Appropriations Bill created new judgeships. He further stated that it did require a separate Resolution authored by only the conferees, which made it a separate matter. He further stated that it would require a two-thirds vote.

Rep. McTEER stated that this would be changing the Rules if you were allowed to introduce something after a certain date and the Sine Die Resolution did not require the Rules Committee to meet.

Rep. QUINN stated that the House specifically outlined this issue as a debatable issue in the Sine Die Resolution and since it had passed with a two-thirds vote, then the House had overcome that standard. He further stated that it was in order with the Sine Die Resolution as the House was not on the Calendar.

Rep. SHEHEEN stated that there was no prohibition against anything being introduced but that the waiving of the rule in order for the House to consider it was a separate issue. He further stated that the Sine Die Resolution only allowed for a certain kind of Resolution to be introduced, but that it did not waive the rest of the Rules.

The SPEAKER stated that Rule 5.12 helped regulate the volume of Bills on the Calendar, but that there was no Calendar today, only the Sine Die Resolution.

Rep. SHEHEEN stated that the Sine Die Resolution had only expressed what could be considered in the extended session.

The SPEAKER stated that the House had not been on the Calendar today.

Rep. SHEHEEN stated that the House had only considered conference and free conference reports and that interrupted debate anyway.

Rep. HASKINS stated that the Sine Die Resolution had already been given two-thirds approval and on page 27 of our Rules, it cited reference to Act 201 of 1985 and specifically discussed the Sine Die adjournment and stated that the session may also be extended by Concurrent Resolution adopted by two-thirds vote of the Senate and House. He further stated that the Sine Die Resolution had approved this by a two-thirds vote.

Rep. HODGES stated that if that were true, then the House could not initiate any new action during the extended session and only consider matters provided for in the Concurrent Resolution. He further stated that this was a new Resolution being put before the House.

The SPEAKER stated that it was clearly set forth in Subparagraph (h).

Rep. HODGES stated that the Sine Die Resolution did not set elections, it only stated that conditionally you could introduce another Resolution and he did not think that should be in order.

Rep. QUINN stated that the Sine Die Resolution specifically stated to set a date and time for the General Assembly to reconvene for the purpose of filling any vacancies for judicial offices.

The SPEAKER stated that on the basis that it was included in the Sine Die Resolution adopted on June 1 and received two-thirds vote that he would overrule the Point of Order.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the Resolution was out of order until such time that the General Appropriations Act had passed and been signed into law. He further stated that there were no judicial offices created at this time.

The SPEAKER stated that the Resolution set the elections if the offices were provided for and if screening was complete.

Rep. SHEHEEN stated that the House would still have to come to adjourn Sine Die the way that the Resolution was drawn.

Rep. HASKINS stated that the Resolution was drafted to hold the election if the offices were created and if the screening was complete.

Rep. SHEHEEN stated that the Sine Die resolution did not say that you could pass a Resolution conditionally setting the elections but that it stated that you could not set the elections until after the offices are created and that would not be until after the Appropriations Bill had been passed.

Rep. HASKINS stated that the "if" referred to Point three of the Resolution and not the whole proposition of being allowed to introduce the Resolution.

The SPEAKER stated that he did not see that as a condition that had to be met and he overruled the Point of Order.

Reps. McABEE and CARNELL proposed the following Amendment No. 1, which was adopted.

By adding at the end:

and to include gubernatorial vetoes.

Rep. McABEE explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. McTEER raised the Point of Order that the Bill was out of order in that no Bill shall be considered by the House until one week after the date of its first reference to committee.

The SPEAKER stated that it was a Concurrent Resolution and he overruled the Point of Order.

Rep. HODGES spoke against the Concurrent Resolution.

The question then recurred to the adoption of the Concurrent Resolution, as amended.

Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:

Yeas 72; Nays 35

Those who voted in the affirmative are:

Allison                Baxley                 Boan
Brown, J.              Cain                   Carnell
Cato                   Chamblee               Clyburn
Cotty                  Dantzler               Davenport
Delleney               Easterday              Elliott
Fair                   Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harrison               Harvin                 Haskins
Herdklotz              Hutson                 Jennings
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Koon
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Martin
Mason                  McAbee                 McCraw
McKay                  Meacham                Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Stille                 Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, J.

Total--72

Those who voted in the negative are:

Anderson               Askins                 Breeland
Brown, G.              Byrd                   Cave
Cobb-Hunter            Cooper                 Cromer
Govan                  Harris, P.             Hines
Hodges                 Howard                 Inabinett
Keyserling             Kirsh                  Lloyd
McElveen               McTeer                 Moody-Lawrence
Neal                   Neilson                Richardson
Rogers                 Scott                  Sheheen
Spearman               Stuart                 Tucker
Whipper, L.            Whipper, S.            Wilder
Wilkes                 Williams

Total--35

So, the Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

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

Bill #: 4304     General Subject Matter: Setting Date for Election of New Judges

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. THOMAS E. HUFF

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 5:40 P.M. the House in accordance with the motion of Rep. EASTERDAY adjourned in memory of Perrin Knights of Taylors, to meet at 10:00 A.M. tomorrow.

* * *

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