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 470, Feb. 7 | Printed Page 490, Feb. 8 |

Printed Page 480 . . . . . Tuesday, February 7, 1995

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Funeral Directors to attend a reception at the Capital City Club on Tuesday, February 21, 1995, from 8:00 until 9:00 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           Thomas
Patterson O'Dell Passailaigue
Rose

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Peeler Matthews Russell

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Alzheimer's Assn. for S.C. to attend a reception in the Lower Lobby - State House on Thursday, February 23, 1995, from 9:00 until 11:00 A.M.


Printed Page 481 . . . . . Tuesday, February 7, 1995

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           Thomas
Patterson O'Dell Passailaigue
Rose

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Peeler Matthews Russell

TOTAL--3

CONCURRENCE

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

The House returned the Bill with amendments.

Senator McCONNELL spoke on the Bill.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 393 -- Senators Short, Jackson and Gregory: A CONCURRENT RESOLUTION EXTENDING THE DATE FOR THE "COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS,


Printed Page 482 . . . . . Tuesday, February 7, 1995

AND SALES FINANCE CONTRACTS" TO MAKE ITS REPORT TO THE GENERAL ASSEMBLY.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 448 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 313 -- Senator McConnell: A BILL TO AMEND SECTION 54-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTAGE LICENSES, SO AS TO DELETE THE DRAFT RESTRICTIONS FOR APPRENTICE BRANCH LICENSES AND TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH IN REGULATION THE TONNAGE AND DRAFT RESTRICTIONS FOR EACH SHORT BRANCH APPRENTICE LICENSE.

S. 436 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SETZLER explained the Resolution.


Printed Page 483 . . . . . Tuesday, February 7, 1995

Recorded Vote

Senator MOORE desired to be recorded as voting against the third reading of the Resolution in that he could not obtain sufficient information on the impact of the Regulation prior to third reading.

S. 437 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Recorded Vote

Senator MOORE desired to be recorded as voting against the third reading of the Resolution in that he could not obtain sufficient information on the impact of the Regulation prior to third reading.

S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.

Senator GIESE spoke on the Bill.

MOTION ADOPTED

Made Adjourned Debate

S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER


Printed Page 484 . . . . . Tuesday, February 7, 1995

STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Senator WILLIAMS asked unanimous consent to make a motion to place the Joint Resolution in the status of Adjourned Debate.

There was no objection.

Objection

Senator WILLIAMS asked unanimous consent to make a motion to commit the Joint Resolution to the Committee on Judiciary, retaining its place on the Calendar.

Senator COURSON objected.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

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

DEBATE INTERRUPTED

S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.

Debate was interrupted by adjournment.


Printed Page 485 . . . . . Tuesday, February 7, 1995

LOCAL APPOINTMENT

Confirmation

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

Initial Appointment, Lexington County Magistrate, with term to commence January 19, 1995, and to expire April 30, 1995:

Ms. Llewellyn H. Hames, 672 Old Friars Road, Columbia, S.C. 29210-3723 VICE Cameron F. Crawford (resigned)

MOTION ADOPTED

On motion of Senators RANKIN, GREG SMITH and ELLIOTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John B. Singleton of Myrtle Beach, S.C., a great and true statesman.

ADJOURNMENT

At 12:55 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 486 . . . . . Wednesday, February 8, 1995

Wednesday, February 8, 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, Richard Riley, Secretary of Education in the President's Cabinet and former Senator in this chamber, read the following passage last week at the National Prayer Breakfast in Washington, Matthew 19:14:

"Let the little children come to me,

and do not stop them;

For it is to such as these

the kingdom of heaven belongs." (NRSV)
Let us pray.

Good Lord, Eternal Father, Creator of all things, this passage must be important because the Evangelists Matthew, Mark and Luke include the same words in each of their Gospels.

Help us in all our feverish concerns to keep the welfare of little children uppermost in our efforts to raise the quality of life for the people of South Carolina.

May we hear anew the admonition of the wise man of Proverbs (NRSV 22:6):

"Train children in the right way,

and when old,

They will not stray."

Amen!

MOTION ADOPTED

On motion of Senator SETZLER, with unanimous consent, a Call of the Senate was made. The following Senators answered the Call:

Alexander         Bryan            Cork
Courson Courtney Drummond
Elliott Ford Giese
Glover Gregory Hayes
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore

Printed Page 487 . . . . . Wednesday, February 8, 1995

O'Dell PassailaiguePatterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

A quorum being present, the Senate resumed.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

December 20, 1994
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,
Carroll A. Campbell, Jr.

Statewide Appointment

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence July 13, 1994, and to expire June 30, 1996:

At-Large - Chairman:

Mr. C. Ronald Coward, 3045 Ashley Phosphate Road, North Charleston, S.C. 29418

Referred to the Committee on Labor, Commerce and Industry.


Printed Page 488 . . . . . Wednesday, February 8, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 24, 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

Statewide Appointment

Reappointment, Department of Transportation Commission, with term to commence January 23, 1995, and to expire at the pleasure of the Governor:

At-Large - Chairman:

Mr. Harry B. Limehouse, 64 Hasell Street, Charleston, S.C. 29401

Referred to the Committee on Transportation.

CITY OF NORTH CHARLESTON

September 14, 1994
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Kenneth McClure
Mayor

Statewide Appointments

Initial Appointments, Members, Charleston Naval Complex Redevelopment Authority, with terms to commence July 1, 1994, and to expire June 30, 1998:

City of North Charleston:

Mr. Raymond H. Anderson, Jr., Appointment Office of Facilities Planning and Construction, Charleston County School District, 2100 Leeds Avenue, North Charleston, S.C. 29405


Printed Page 489 . . . . . Wednesday, February 8, 1995

Mr. Jack Day, 4904 Pointe Pleasant Lane, Hollywood, S.C. 29449

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointments, Members, Charleston Naval Complex Redevelopment Authority, with terms to commence July 1, 1994, and to expire June 30, 1996:

City of North Charleston:

John E. Bourne, Jr., Treasurer, John Bourne Company, 4930 Rivers Avenue, Post Office Box 61959, North Charleston, S.C. 29419

Dr. Thaddeus J. Bell, 3951 W. Montague Avenue, North Charleston, S.C. 29418

Mr. X.O. Bunch, Jr., President, Hughes Motor, Inc., 6841 Bulldog Drive, North Charleston, S.C. 29406

Referred to the Committee on Labor, Commerce and Industry.

CHARLESTON COUNTY COUNCIL

September 13, 1994
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,
R. Keith Summey
Chairman

Statewide Appointment

Initial Appointment, Member, Charleston Naval Complex Redevelopment Authority, with term to commence July 19, 1994, and to expire June 30, 1996:

Mr. Rufus C. Barkley, Jr., Chairman, Cameron & Barkley, 2864 Azalea Drive, Post Office Box 118007, Charleston, S.C. 29423

Referred to the Committee on Labor, Commerce and Industry.


| Printed Page 470, Feb. 7 | Printed Page 490, Feb. 8 |

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