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

Page Finder Index

| Printed Page 1080, Mar. 21 | Printed Page 1100, Mar. 22 |

Printed Page 1090 . . . . . Tuesday, March 21, 1995

The following named Representatives voted for Mr. Martin:
Anderson         Askins           Bailey
Baxley Boan Breeland
Brown, G. Brown, J. Brown, T.
Byrd Canty Carnell
Cave Clyburn Cobb-Hunter
Delleney Elliott Fair
Felder Govan Harris, P.
Hines Howard Huff
Inabinett Jennings Kelley
Kennedy Kinon Lloyd
Martin McAbee McCraw
McMahand McTeer Moody-Lawrence
Neal Neilson Phillips
Rhoad Scott Sharpe
Sheheen Smith, R. Spearman
Stille Stoddard Townsend
Waldrop Whipper, L. Whipper, S.
White Wilder Wilkes
Williams Witherspoon Worley

Total--57



Printed Page 1091 . . . . . Tuesday, March 21, 1995

RECAPITULATION

Total number of Senators voting . . 40
Total number of Representatives voting 106
Grand Total . . . . . . . . . . . . 146
Necessary to a choice . . . . . . 74
Of which Mr. DuTremble received . 66
Of which Mr. Martin received . . . . 80

Whereupon, the PRESIDENT announced that the Honorable Daniel E. Martin, Sr. was elected Judge, Ninth Judicial Circuit, for the term prescribed by law.

Recorded Votes

On motion of Senator BRYAN, with unanimous consent, Senator HOLLAND desired to be recorded as voting in favor of Judge Martin's nomination and election.

Rep. Beatty desired to be recorded as voting in favor of Judge Martin's nomination and election.

Election of a Successor to the Position of

Judge, Tenth Judicial Circuit

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

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Hon. Tom J. Ervin and the Hon. H. Dean Hall had been screened and found qualified.

On motion of Rep. Tucker, the name of the Hon. H. Dean Hall was withdrawn from consideration.

Senator McCONNELL nominated Judge Ervin, 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 Tom J. Ervin was elected Judge, Tenth Judicial Circuit, for the term prescribed by law.

Election of a Successor to the Position of

Judge, Twelfth Judicial Circuit

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


Printed Page 1092 . . . . . Tuesday, March 21, 1995

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. James E. Brogdon, Jr. and the Honorable B. Hicks Harwell had been screened and found qualified.

On motion of Senator McCONNELL, the name of Mr. Brogdon was withdrawn from consideration.

Senator McCONNELL placed the name of Mr. Harwell in nomination and moved that the nominations be closed.

Objection

Senator McCONNELL asked unanimous consent to make a motion that the vote be taken by acclamation, resulting in the election of the nominee.

Senator COURSON objected.

Whereupon, the vote was taken and the PRESIDENT announced that the Honorable B. Hicks Harwell was elected Judge, Twelfth Judicial Circuit, for the term prescribed by law.

Recorded Vote

Senators COURSON, THOMAS and GIESE desired to be recorded as voting against Mr. Harwell's nomination and election.

Election to the Position of

Administrative Law Judge, Seat #3

The PRESIDENT announced that nominations were in order for the position of Administrative Law Judge, Seat #3.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Hon. Alison R. Lee 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 Alison R. Lee was elected to the position of Administrative Law Judge, Seat #3, for the term prescribed by law.

Election to the Position of

Administrative Law Judge, Seat #5

The PRESIDENT announced that nominations were in order for the position of Administrative Law Judge, Seat #5.


Printed Page 1093 . . . . . Tuesday, March 21, 1995

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that Mr. Ray N. Stevens and Ms. V. Lynn Wiggins had been screened and found qualified to serve.

Senator WILSON nominated Ms. Wiggins.

Rep. Wright nominated Mr. Ray N. Stevens.

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

The following named Senators voted for Mr. Stevens:

Alexander         Bryan            Cork
Courson Drummond Giese
Glover Gregory Hayes
Jackson Land Lander
Leventis Martin Matthews
McConnell McGill Mescher
Moore Patterson Richter
Russell Saleeby Short
Smith, G. Thomas Waldrep
Washington

TOTAL--28

The following named Senators voted for Ms. Wiggins:

Courtney          Peeler           Reese
Wilson

TOTAL--4

The following named Senator abstained from voting:

Passailaigue

TOTAL--1

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. Stevens:

Allison          Anderson         Askins
Bailey Baxley Beatty
Boan Breeland Brown, H.

Printed Page 1094 . . . . . Tuesday, March 21, 1995

Brown, J. Brown, T.Byrd
Cain Canty Cato
Clyburn Cobb-Hunter Cooper
Easterday Fair Fleming
Fulmer Gamble Govan
Hallman Harrell Harris, J.
Harris, P. Herdklotz Hines
Howard Inabinett Jennings
Keegan Keyserling Kirsh
Lanford Limbaugh Limehouse
Littlejohn Lloyd Mason
McCraw McKay McMahand
McTeer Meacham Neal
Neilson Phillips Quinn
Rhoad Rice Richardson
Riser Robinson Scott
Seithel Sharpe Simrill
Smith, D. Smith, R. Spearman
Stoddard Stuart Townsend
Tripp Trotter Tucker
Vaughn Waldrop Walker
Wells Whatley Whipper, L.
Whipper, S. White Wilder
Williams Witherspoon Wofford
Worley Wright Young, A.
Young, J.

Total--85

The following named Representatives voted for Ms. Wiggins:

Brown, G.        Carnell          Cave
Chamblee Cotty Cromer
Dantzler Elliott Harvin
Hutson Kelley Knotts
Koon Law McAbee
Moody-Lawrence Sandifer Shissias
Stille

Total--19



Printed Page 1095 . . . . . Tuesday, March 21, 1995

RECAPITULATION

Total number of Senators voting . . 32
Total number of Representatives voting 104
Grand Total . . . . . . . . . . . . 136
Necessary to a choice . . . . . . 69
Of which Mr. Stevens received . . 113
Of which Ms. Wiggins received . . . . 23

Whereupon, the PRESIDENT announced that the Honorable Ray N. Stevens was elected to the position of Administrative Law Judge, Seat #5, for the term prescribed by law.

Election of Successors to the Positions

on the Legislative Audit Council

Rep. Cooper, on behalf of the Legislative Audit Council Nominating Committee, nominated Mr. Philip F. Laughridge of Columbia, Mr. Richard S. Beltram of Spartanburg, Mr. Julian B. Wright of Bennettsville, Mr. Harry C. Wilson, Jr. of Sumter and Mr. Bennette Cornwall of Greenville.

Senator BRYAN addressed remarks to the Joint Assembly.

Senator LEVENTIS moved that the election be carried over.

Rep. Cooper moved to table the motion to carry over.

Senator BRYAN moved that the Joint Assembly stand adjourned.

The Joint Assembly refused to adjourn.

Point of Information

Senator MOORE was recognized and pointed out that the result of the voice vote was obvious to the contrary and asked unanimous consent to make a motion for a division vote.

There was no objection.

The PRESIDENT called for a division vote of the Joint Assembly.

Rep. Quinn moved for a roll call vote.

Point of Order

Senator MOORE raised a Point of Order that the motion for a roll call vote was out of order inasmuch as the division had been ordered and the Clerks were in the process of taking the vote.

The PRESIDENT sustained the Point of Order.


Printed Page 1096 . . . . . Tuesday, March 21, 1995

Point of Order

Rep. Quinn raised a Point of Order that the motion requesting a division was out of order inasmuch as the PRESIDENT had announced the results of the voice vote on adjournment.

The PRESIDENT stated that the division vote was a unanimous consent request and that there was no objection.

Objection

Rep. HUFF asked unanimous consent to make a motion for a roll call vote.

There was an objection.

Motion Adopted

Rep. Lanford asked unanimous consent for a division vote of the House to be taken, voting by electronic roll call, and for the roll of the Senate to be called.

There was no objection.

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

Ayes 18; Nays 9

AYES

Alexander         Bryan            Elliott
Ford Giese Hayes
Lander Leventis Matthews
Mescher Moore Patterson
Rankin Reese Saleeby
Short Smith, G. Washington

TOTAL--18

NAYS

Cork              Courson          Courtney
Gregory Martin McConnell
Peeler Thomas Wilson

TOTAL--9

The total votes cast by the members of the House totaled 50 to 47 in favor of the motion to adjourn.


Printed Page 1097 . . . . . Tuesday, March 21, 1995

The Joint Assembly stood adjourned.

Whereupon, the Senate returned to its Chamber, and was called to order by its PRESIDENT.

At 2:53 P.M., the Senate reconvened.

MOTION ADOPTED

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. E. Winston Pengelly of Irmo, S.C.

ADJOURNMENT

At 2:55 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 1098 . . . . . Wednesday, March 22, 1995

Wednesday, March 22, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, this is the day you designated by Concurrent Resolution as "Disabilities Day." Hear the psalmist in Psalm 72 (v.12):

"He shall deliver the needy

when he crieth;

The poor also, and him that

hath no helper."
Let us pray.

God of mercy, and love, and hope, as we greet the wistful, hopeful faces of our guests, the children, adults and friends with disabilities, we give thanks for the multitude that have helped in so many ways that their hearts may be filled with hope and their bodies fulfill their potential in a world of stress.

We remember with special gratitude the long hours of labor by folk like Harold Corley, the South Carolina Restaurant Association, the Law Enforcement Officer's Association, the medical doctors, technicians and therapists who share the time, the talents, their prayers, their patience, and their hopes.

We pray for a full measure of joy and satisfaction to those who give their money and share in the thrill of healing and health.

Let us remember how Jesus went about Galilee not only preaching but healing bodies.

... and follow in His train.

Amen.

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


Printed Page 1099 . . . . . Wednesday, March 22, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 14, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Marion County Magistrate, with term to commence July 1, 1990, and to expire April 30, 1994:

Mr. Levone Graves, 355 East Wine Street, Mullins, S.C. 29574

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 20, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Ms. Joyce L. Leavell, Post Office Box 363, Hardeeville, S.C. 29927 VICE Ernest White (resigned)

Received as information.


| Printed Page 1080, Mar. 21 | Printed Page 1100, Mar. 22 |

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