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

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| Printed Page 1070, Mar. 21 | Printed Page 1090, Mar. 21 |
Printed Page 1080 . . . . . Tuesday, March 21, 1995
RECAPITULATION

Total number of Senators voting . . 42
Total number of Representatives voting 119
Grand Total . . . . . . . . . . . . 161
Necessary to a choice . . . . . . 81
Of which Mr. Anderson received . 34
Of which Mr. Burnett received . . 78
Of which Mr. Pleicones received . . . 49

No candidate having received a majority vote, the Joint Assembly proceeded to a subsequent ballot.

On motion of Rep. Baxley, with unanimous consent, the name of the Honorable Ralph K. Anderson was withdrawn from consideration.

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

The following named Senators voted for Mr. Burnett:

Alexander         Bryan            Courtney

Glover            Hayes            Lander

Martin            Matthews         McConnell

McGill            Passailaigue     Peeler

Rankin            Reese            Russell

Saleeby           Smith, J.V.      Thomas

Washington        Williams

TOTAL--20

The following named Senators voted for Mr. Pleicones:

Cork              Courson          Drummond

Elliott           Ford             Giese

Gregory           Holland          Jackson

Land              Leatherman       Leventis

Mescher           Moore            Patterson

Richter           Ryberg           Setzler

Short             Smith, G.        Waldrep

Wilson

TOTAL--22


Printed Page 1081 . . . . . Tuesday, March 21, 1995
On motion of Rep. Wilkins, with unanimous consent, the members of the House voted by electronic roll call.

The following names Representatives voted for Mr. Burnett:
Allison Anderson Bailey
Baxley Beatty Breeland
Brown, H. Brown, T. Cain
Canty Carnell Cato
Cave Chamblee Clyburn
Cooper Dantzler Delleney
Easterday Elliott Fair
Fleming Fulmer Govan
Hallman Harrell Harvin
Haskins Herdklotz Hines
Huff Hutson Inabinett
Jennings Kelley Klauber
Koon Lanford Law
Limbaugh Limehouse Littlejohn
Lloyd Marchbanks Martin
McCraw McKay McMahand
Meacham Neal Neilson
Phillips Quinn Rhoad
Rice Robinson Sandifer
Seithel Sharpe Simrill
Smith, D. Smith, R. Spearman
Stoddard Thomas Tripp
Trotter Vaughn Waldrop
Walker Wells Whatley
Whipper, L. Whipper, S. White
Wilder Wilkes Wilkins
Witherspoon Wofford Young, A.
Young, J.

Total--82

The following names Representatives voted for Mr. Pleicones:
Askins Boan Brown, G.
Byrd Cobb-Hunter Cotty
Cromer Felder Gamble
Harris, J. Harrison Hodges
Howard Keegan Kennedy

Printed Page 1082 . . . . . Tuesday, March 21, 1995
Keyserling KirshKnotts
Mason McAbee McElveen
McTeer Moody-Lawrence Richardson
Riser Rogers Scott
Sheheen Shissias Stille
Stuart Townsend Tucker
Williams Worley Wright

Total--36

RECAPITULATION

Total number of Senators voting . . 42
Total number of Representatives voting 118
Grand Total . . . . . . . . . . . . 160
Necessary to a choice . . . . . . 81
Of which Mr. Burnett received . . 102
Of which Mr. Pleicones received . . . 58

Whereupon, the PRESIDENT announced that the Honorable E.C. Burnett, III was elected Associate Judge, South Carolina Supreme Court, for the term prescribed by law.

Election of a Successor to the Position of

Judge, Court of Appeals, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #4.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable C. Tolbert Goolsby, Jr. had been screened and found qualified to serve.

Senator McCONNELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable C. Tolbert Goolsby, Jr. was elected to the position of Judge, Court of Appeals, Seat #4, for the term prescribed by law.

Election of a Successor to the Position of

Judge, Court of Appeals, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Court of Appeals, Seat #3.

Printed Page 1083 . . . . . Tuesday, March 21, 1995
Senator McCONNELL stated that, as it related to Seat #3 on the Court of Appeals, the Judicial Screening Committee had screened for the unexpired portion of the term relating to Seat #3, and, due to the short duration of the unexpired term, the committee screened as well for the full term for Seat #3.

Senator McCONNELL moved that, inasmuch as both the unexpired term and the full term had been screened concurrently, and that the candidates were the same, the Joint Assembly proceed to hold one election for the filling of the unexpired portion of Seat #3 and the full term of Seat #3.

There was no objection.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Hon. Tom J. Ervin, Ben A. Hagood, Jr., Esquire, the Hon. Kaye G. Hearn and the Hon. H. Samuel Stilwell had been screened and found qualified.

On motion of Rep. Hallman, the name of Mr. Ben Hagood was withdrawn from consideration.

Rep. P. Harris nominated the Hon. Tom J. Ervin.

Rep. Wilkins nominated the Honorable H. Samuel Stilwell.

The nomination of Mr. Stilwell was seconded by Rep. Harvin.

Rep. Thomas nominated the Honorable Kaye G. Hearn.

The nomination of Ms. Hearn was seconded.

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

The following named Senators voted for Mr. Ervin:

Alexander         Drummond         Waldrep

TOTAL--3

The following named Senators voted for Ms. Hearn:

Elliott           Glover           Hayes

Leventis          Rankin           Smith, G.

TOTAL--6

The following named Senators voted for Mr. Stilwell:

Bryan             Cork             Courtney

Ford              Giese            Gregory

Holland           Jackson          Land





Printed Page 1084 . . . . . Tuesday, March 21,
1995



Lander            LeathermanMartin

Matthews          McConnell        McGill

Mescher           Moore            Passailaigue

Patterson         Peeler           Reese

Russell           Ryberg           Saleeby

Setzler           Short            Smith, J.V.

Thomas            Washington       Williams

Wilson

TOTAL--31

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

The following named Representatives voted for Mr. Ervin:

Byrd             Cain             Carnell

Chamblee         Cooper           Harris, P.

Keyserling       Kirsh            Klauber

Limbaugh         Lloyd            Marchbanks

Mason            McAbee           McTeer

Phillips         Rogers           Sandifer

Seithel          Sheheen          Stille

Townsend         Tucker           Waldrop

Whipper, L.      White            Williams

Total--27

The following named Representatives voted for Ms. Hearn:

Askins           Bailey           Baxley

Beatty           Boan             Breeland

Brown, G.        Brown, J.        Brown, T.

Canty            Cave             Clyburn

Cotty            Cromer           Delleney

Elliott          Felder           Gamble

Govan            Harris, J.       Harrison

Hines            Hodges           Howard

Inabinett        Jennings         Keegan

Kelley           Kennedy          Kinon

Knotts           Koon             Martin

McCraw           McElveen         McKay

Meacham          Moody-Lawrence   Neal





Printed Page 1085 . . . . . Tuesday, March 21,
1995



Neilson          RhoadScott

Shissias         Simrill          Spearman

Stuart           Thomas           Vaughn

Whatley          Whipper, S.      Wilkes

Witherspoon      Worley           Wright

Young, J.

Total--55

The following named Representatives voted for Mr. Stilwell:

Allison          Anderson         Brown, H.

Cato             Cobb-Hunter      Dantzler

Easterday        Fair             Fleming

Fulmer           Harrell          Harvin

Haskins          Herdklotz        Huff

Hutson           Lanford          Law

Limehouse        Littlejohn       McMahand

Quinn            Rice             Richardson

Riser            Robinson         Sharpe

Smith, D.        Smith, R.        Stoddard

Tripp            Trotter          Walker

Wells            Wilder           Wilkins

Wofford          Young, A.

Total--38

RECAPITULATION

Total number of Senators voting . . 40
Total number of Representatives voting 120
Grand Total . . . . . . . . . . . . 160
Necessary to a choice . . . . . . 81
Of which Mr. Ervin received . . . 30
Of which Ms. Hearn received . . . 61
Of which Mr. Stilwell received . . . 69

No candidate having received a majority vote, the Joint Assembly proceeded to a subsequent ballot.

On motion of Rep. Townsend, with unanimous consent, the name of the Honorable Tom J. Ervin was withdrawn from consideration.

Printed Page 1086 . . . . . Tuesday, March 21, 1995
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Hearn:

Elliott           Ford             Glover

Hayes             Leventis         Rankin

Smith, G.

TOTAL--7

The following named Senators voted for Mr. Stilwell:

Alexander         Bryan            Cork

Courtney          Drummond         Giese

Gregory           Holland          Jackson

Land              Lander           Leatherman

Martin            Matthews         McConnell

McGill            Mescher          Moore

Passailaigue      Patterson        Peeler

Reese             Russell          Ryberg

Saleeby           Setzler          Short

Smith, J.V.       Thomas           Waldrep

Washington        Williams         Wilson

TOTAL--33

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

The following names Representatives voted for Ms. Hearn:
Askins Bailey Baxley
Beatty Boan Breeland
Brown, G. Brown, J. Brown, T.
Byrd Canty Carnell
Cave Clyburn Cotty
Cromer Dantzler Delleney
Elliott Gamble Govan
Harris, J. Harris, P. Harrison
Hines Hodges Howard
Inabinett Jennings Keegan
Kelley Kennedy Keyserling
Kinon Kirsh Klauber

Printed Page 1087 . . . . . Tuesday, March 21, 1995
Knotts KoonLimbaugh
Marchbanks Martin Mason
McAbee McCraw McElveen
McKay McTeer Meacham
Moody-Lawrence Neal Neilson
Phillips Rhoad Riser
Rogers Scott Sheheen
Shissias Simrill Spearman
Stille Stuart Thomas
Townsend Tucker Vaughn
Whatley Whipper, L. Whipper, S.
White Wilder Wilkes
Witherspoon Wofford Worley
Wright Young, J.

Total--77

The following named Representatives voted for Mr. Stilwell:

Allison          Anderson         Brown, H.

Cain             Cato             Chamblee

Cobb-Hunter      Cooper           Easterday

Fair             Felder           Fleming

Harvin           Haskins          Herdklotz

Huff             Hutson           Lanford

Law              Limehouse        Littlejohn

Lloyd            McMahand         Quinn

Rice             Richardson       Robinson

Sandifer         Sharpe           Smith, D.

Smith, R.        Stoddard         Trotter

Waldrop          Walker           Wells

Wilkins          Williams         Young, A.

Total--39

RECAPITULATION

Total number of Senators voting . . 40
Total number of Representatives voting 116
Grand Total . . . . . . . . . . . . 156
Necessary to a choice . . . . . . 79
Of which Ms. Hearn received . . . 84
Of which Mr. Stilwell received . . . 72

Printed Page 1088 . . . . . Tuesday, March 21, 1995
Whereupon, the PRESIDENT announced that the Honorable Kaye G. Hearn was elected Judge, Court of Appeals, Seat #3, for both the unexpired portion and for the full term as prescribed by law.

Election of a Successor to the Position of

Judge, Fifth Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Fifth Judicial Circuit.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Honorable J. Ernest Kinard, Jr. had been screened and found qualified.

Senator McCONNELL nominated Mr. Kinard, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Ernest Kinard was elected Judge, Fifth Judicial Circuit, for the term prescribed by law.

Election of a Successor to the Position of

Judge, Seventh Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Seventh Judicial Circuit.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Honorable J. Derham Cole had been screened and found qualified.

Senator McCONNELL nominated Mr. Cole, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Derham Cole was elected Judge, Seventh Judicial Circuit, for the term prescribed by law.

Election of a Successor to the Position of

Judge, Ninth Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Ninth Judicial Circuit.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Amie Lois Clifford, Dale L. DuTremble and the Hon. Daniel E. Martin, Sr. had been screened and found qualified.

On motion of Senator McCONNELL, the name of Ms. Amie Lois Clifford was withdrawn from consideration.

Printed Page 1089 . . . . . Tuesday, March 21, 1995
Senator PASSAILAIGUE nominated Mr. Martin.

The nomination of Mr. Martin was seconded by Reps. J. Brown, Inabinett and Harvin.

Rep. Harrell nominated Mr. DuTremble.

The nomination of Mr. DuTremble was seconded by Reps. Hallman, Fulmer and Seithel.

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

The following named Senators voted for Mr. DuTremble:

Alexander         Cork             Courson

Drummond          Giese            Gregory

Hayes             Martin           McConnell

Mescher           Peeler           Russell

Ryberg            Setzler          Thomas

Williams          Wilson

TOTAL--17

The following named Senators voted for Mr. Martin:

Bryan             Courtney         Elliott

Ford              Glover           Jackson

Land              Lander           Leatherman

Leventis          Matthews         McGill

Moore             Passailaigue     Patterson

Rankin            Reese            Saleeby

Short             Smith, G.        Smith, J.V.

Waldrep           Washington

TOTAL--23

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

The following named Representatives voted for Mr. DuTremble:

Brown, H.        Cain             Cato

Chamblee         Cooper           Cotty

Cromer           Dantzler         Easterday

Fleming          Fulmer           Gamble

Hallman          Harrell          Harrison

Haskins          Hutson           Keegan

Kirsh            Klauber          Knotts

Koon             Law              Limbaugh

Limehouse        Littlejohn       Marchbanks

Mason            McKay            Meacham

Quinn            Rice             Riser

Robinson         Sandifer         Seithel

Shissias         Simrill          Stuart

Tripp            Trotter          Tucker

Vaughn           Walker           Whatley

Wilkins          Wofford          Young, A.

Young, J.

Total--49

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