Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Give us grateful hearts, O Lord, for work to do and for strength with which to do it. Keep us grateful for instruments of government which guide us, the rules that regulate our deliberations, and most of all for the deeper unchanging laws of Mt. Sinai and the proven principles of the Sermon on the Mount. Make us ever thankful for those who in earlier days have gone before us here with eloquent speech, statesmanlike skills and patriotic devotion to light up the way for our generation. And give us the wisdom to match in our age and in this place the achievements of our legislative forebears.
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 yesterday, the SPEAKER ordered it confirmed.
The following was introduced:
H. 4158 -Reps. Gregory and McTeer: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN COLLETON COUNTY ROAD S-15-127 AND THAT PORTION OF ROAD S-15-34, COMMENCING AT ITS INTERSECTION WITH ROAD S-15-127 TO ITS WESTERN TERMINUS AT ROAD S-15-24, AS MCLEOD ROAD IN HONOR OF FORMER HIGHWAY COMMISSION VICE-CHAIRMAN WALTON J. MCLEOD, JR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 850 -- Senators Wilson, O'Dell, Shealy, Thomas, McConnell, Rose, Giese, Martschink, Courson, Stilwell, Lee and Russell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE EARL O. UTSEY, JR., OF ABBEVILLE IN ABBEVILLE COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The question of a quorum was raised.
A quorum was later present.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 838 -- Senator Waddell: A BILL TO AUTHORIZE THE BOARD OF EDUCATION OF BEAUFORT COUNTY TO CHARGE AND COLLECT STUDENT MATERIAL FEES AND TO PROVIDE FOR A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
S. 822 -- Senators Setzler, Giese, Lourie, Patterson and Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAROLINA GYMNASTIC CENTER BOOSTER CLUB, OF RICHLAND COUNTY.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4157 -- Rep. McElveen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WHITAKER'S INC. OF SUMTER IN SUMTER COUNTY.
Debate was resumed on the Vetoes on the following Bill, the pending question being the consideration of the Vetoes.
The motion of Rep BARFIELD to reconsider the vote whereby Veto No. 46 was sustained was taken up.
Rep. WINSTEAD moved to table the motion to reconsider.
Rep. CORNING moved to adjourn debate upon the motion to reconsider, which was adopted.
Veto 47, Part II, Section 7, Higher Order Thinking Skills
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, T.C. Altman Barber Baxley Beasley Bennett Blackwell Brown, H. Bruce Burch Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Corning Davenport Fant Farr Felder Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Hodges Jaskwhich Kay Keegan Keesley Kirsh Klapman Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McBride McGinnis McKay McLellan Moss Nettles Rama Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells White Wilkes Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 48 Part II, Section 8, Center for the Advancement of Teaching
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Barfield Baxley Blackwell Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Davenport Fair Fant Farr Foster Glover Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Keesley Kirsh Klapman Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McGinnis McKay McLellan Nesbitt Rama Rhoad Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Vaughn Waites Waldrop Washington Wells Wilder Wilkes Wilkins Winstead Wofford
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 49, Part II, Section 10, Training for Parents of Preschool Children
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Blackwell Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Corning Davenport Fant Farr Felder Foster Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Hodges Holt Jaskwhich Keegan Keesley Kirsh Klapman Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McGinnis McKay McLellan Moss Nesbitt Rama Rhoad Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells Wilkins Williams, D. Winstead Wofford
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 50, Part 11, Section 11, Dropout Programs
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Corning Davenport Fair Fant Felder Foster Gordon Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Hodges Jaskwhich Kay Keegan Keesley Keyserling Kirsh Kohn Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McGinnis McKay McLellan Moss Nesbitt Rama Rhoad Rogers, J. Sharpe Sheheen Short Simpson Smith Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 51, Part II, Section 12, Arts Education
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Beasley Blackwell Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corbett Corning Davenport Fant Farr Felder Foster Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Hodges Holt Jaskwhich Kay Keesley Kirsh Kohn Limehouse Littlejohn Manly Mappus Martin, L. Mattos McGinnis McKay McLellan Moss Nesbitt Rama Rhoad Rogers, J. Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells White Wilkins Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 52, Part II, Section 13, School Flexibility Grants
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Brown, H. Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corbett Corning Davenport Fant Farr Felder Foster Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Hodges Holt Jaskwhich Kay Keegan Keesley Kirsh Kohn Manly Mappus Martin, L. Mattos McGinnis McKay McLellan Moss Nesbitt Rama Rhoad Rogers, J. Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells White Wilder Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 53, Part II, Section 15, Employee Cost Savings Program
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barfield Baxley Bennett Blackwell Brown, H. Bruce Burch Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Corning Davenport Fair Fant Farr Felder Ferguson Foster Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hendricks Hodges Holt Kay Keegan Keesley Kirsh Kohn Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McGinnis McKay McLellan Moss Nesbitt Rama Rhoad Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 54, Part II, Section 16, Water Recreational Gas Tax for Non-Water Recreational Use
Rep. KIRSH spoke against the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C Bailey, J. Bailey, K. Baker Baxley Bennett Blanding Brown, J. Burch Carnell Chamblee Cooper Davenport Faber Fant Farr Felder Ferguson Foster Glover Gordon Harris, J. Harwell Hayes Hendricks Hodges Jaskwhich Johnson, J.W. Keesley Keyserling Kirsh Manly Martin, L. Mattos McAbee McBride McGinnis McLellan Moss Nesbitt Phillips Rhoad Rogers, J. Rogers, T. Sheheen Short Simpson Smith Stoddard Taylor Townsend Waites Waldrop Washington Wells White Wilder Wilkes Williams, D.
Those who voted in the negative are:
Altman Bailey, G. Barber Barfield Beasley Brown, H. Bruce Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Corning Fair Hallman Harris, P. Haskins Hearn Holt Kay Keegan Kohn Littlejohn Mappus Martin, D. McKay Quinn Sharpe Snow Sturkie Tucker Vaughn Wilkins Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 55, Part II, Section 18, Tobacco Advisory Commission
Rep. SNOW spoke in favor of the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Corning Davenport Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Kohn Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. McAbee McGinnis McKay Moss Nesbitt Nettles Phillips Rama Rhoad Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Washington Wells Wilkes Wilkins Williams, D. Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 56, Part II, Section 20, Transfer of License Plates
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Blackwell Blanding Brown, H. Brown, J. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Corbett Corning Davenport Fair Farr Foster Hallman Harris, J. Harris, P. Haskins Hayes Hearn Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Keesley Klapman Kohn Limehouse Littlejohn Manly Mappus McLellan Moss Nesbitt Phillips Quinn Rama Sheheen Short Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Washington Wilkins Williams, D. Winstead Wofford
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 57, Part II, Section 41, Business-Education Partnership for Excellence in Education
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Davenport
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Brown, H. Brown, J. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Corbett Corning Farr Foster Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hodges Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. McGinnis McKay McLellan Moss Nesbitt Nettles Phillips Quinn Rama Rogers, J. Sheheen Short Simpson Smith Snow Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Winstead Wofford
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 58, Part II, Section 46, Budget and Control Board Approval for Patriots Point Revenue Bonds
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Brown, H. Brown, J. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Corbett Corning Davenport Fair Farr Foster Glover Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. McGinnis McLellan Moss Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Sheheen Short Simpson Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Winstead Wofford
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 59, Part II, Section 51, Truck Driver Training School
Rep. WALDROP spoke against the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Baxley Blackwell Blanding Brown, J. Burch Carnell Chamblee Davenport Faber Farr Ferguson Glover Gordon Gregory Harris, P. Harwell Hodges Johnson, J.W. Kay Keesley Keyserling Martin, D. McBride Moss Rhoad Rudnick Sheheen Short Smith Snow Tucker Waldrop Washington White Wilder Wilkes Williams, D.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Baker Barber Barfield Beasley Brown, H. Bruce Burriss, T.M. Clyborne Cole Corbett Corning Foster Hallman Harris, J. Haskins Hearn Holt Jaskwhich Keegan Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus McGinnis McLellan Phillips Quinn Rogers, J. Sharpe Simpson Sturkie Vaughn Waites Wells Wilkins Winstead Wofford
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 60, Part III, Section 13, Election Commission, Page III-006, Line 5, Voting Machine Warranties, $282,000
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C Altman Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Brown, H. Brown, J. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Corbett Corning Davenport Fair Farr Ferguson Foster Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. McGinnis McKay McLellan Moss Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 61, Part III, Section 13, Election Commission, Page III-006, Voting Machine Warranties, Proviso 13.1
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Brown, H. Brown, J. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Corbett Corning Fair Farr Felder Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. McGinnis McKay McLellan Moss Neilson Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Tucker Vaughn Waites Waldrop Wells Wilkes Wilkins Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 62, Part IV, Section 13, Election Commission, Page IV-002, Line 8, Warranty: Counties voting Machines $63,503
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Brown, H. Brown, J. Bruce Burch Burriss, T.M. Chamblee Cole Corbett Corning Davenport Fair Farr Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Haskins Hearn Hodges Jaskwhich Johnson, J.W. Kay Keegan Keesley Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Mattos McGinnis McLellan Moss Neilson Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Tucker Vaughn Waites Wells Wilder Wilkes Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 63, Part IV, Section 13, Election Commission, Page IV-002, Voting Machine Warranties, Proviso 13.1
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Brown, H. Brown, J. Bruce Burch Burriss, T.M. Chamblee Clyborne Cole Corbett Corning Davenport Fair Farr Ferguson Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hodges Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Mattos McGinnis McKay McLellan Moss Neilson Nesbitt Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Tucker Vaughn Waites Wells Wilder Wilkes Wilkins Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. CORNING moved to reconsider the vote whereby debate was adjourned on the motion to reconsider the vote whereby Veto No. 46 was sustained, which was agreed to.
Rep. WINSTEAD moved to table the motion to reconsider.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Bennett Brown, H. Bruce Burriss, T.M. Clyborne Cole Corbett Corning Harris, J. Harris, P. Harwell Haskins Hearn Jaskwhich Keegan Kohn Koon Lanford Limehouse Littlejohn Mappus McGinnis McKay Neilson Quinn Rama Stoddard Sturkie Vaughn Wells Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Bailey, K. Barber Barfield Baxley Beasley Blackwell Blanding Brown, J. Burch Carnell Chamblee Davenport Farr Ferguson Foster Glover Gordon Gregory Hayes Hodges Holt Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. Mattos McBride McElveen McLellan Moss Nesbitt Nettles Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Waites Waldrop Washington White Wilder Wilkes Williams, D.
So, the House refused to table the motion to reconsider.
Rep. HODGES spoke in favor of the motion to reconsider.
The question then recurred to the motion to reconsider the vote whereby Veto No. 46 was sustained, which was agreed to by a division vote of 61 to 37.
Rep. SHEHEEN spoke against the Veto.
Rep. HASKINS spoke in favor of the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, J. Brown, R. Burch Carnell Chamblee Cooper Faber Fant Farr Felder Ferguson Foster Glover Gordon Gregory Harvin Hayes Hodges Holt Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. Mattos McAbee McBride McElveen McGinnis McLellan Moss Neilson Nesbitt Nettles Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Snow Stoddard Taylor Townsend Tucker Waites Waldrop Washington White Wilder Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Baker Brown, H. Bruce Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Corning Davenport Fair Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Jaskwhich Keegan Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus Martin, L. McCain McKay Quinn Rama Sharpe Simpson Smith Sturkie Vaughn Wells Wilkins Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. HOLT moved to reconsider the vote whereby Veto No. 54 was sustained.
Rep. SHARPE moved to table the motion.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baker Barfield Beasley Blackwell Brown, H. Bruce Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Corning Fair Farr Felder Hallman Harris, P. Haskins Hearn Jaskwhich Kay Keegan Koon Lanford Littlejohn Mappus McCain McGinnis Moss Phillips Quinn Rama Sharpe Sturkie Tucker Vaughn Wells Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Bailey, K. Barber Baxley Bennett Blanding Boan Brown, J. Brown, R. Burch Carnell Chamblee Cooper Davenport Faber Fant Ferguson Foster Gordon Gregory Harris, J. Harwell Hayes Hendricks Hodges Holt Johnson, J.W. Keesley Keyserling Kirsh Manly Martin, D. Martin, L. Mattos McAbee McBride McElveen McKay McLellan Neilson Nesbitt Rhoad Rogers, J. Rudnick Sheheen Short Simpson Smith Stoddard Taylor Townsend Waites Waldrop Washington White Wilkes Williams, D. Williams, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider the vote whereby the Veto was sustained, which was agreed to.
Rep. KIRSH spoke against the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Bailey, K. Baker Barber Baxley Bennett Blanding Boan Brown, J. Brown, R. Burch Carnell Chamblee Cooper Davenport Faber Fant Farr Felder Ferguson Foster Gordon Gregory Harris, J. Harvin Harwell Hayes Hendricks Hodges Holt Johnson, J.W. Keesley Keyserling Kirsh Manly Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan Moss Neilson Nesbitt Nettles Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Smith Stoddard Taylor Townsend Waites Waldrop Washington Wells White Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Altman Barfield Beasley Blackwell Brown, H. Bruce Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Corning Fair Hallman Harris, P. Haskins Hearn Jaskwhich Kay Keegan Kohn Koon Lanford Limehouse Littlejohn Mappus McKay Quinn Sharpe Snow Sturkie Tucker Vaughn Wilkins Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
"Mr. Speaker and fellow members...I rise today to speak to you and to say a few words in memory and honor of Representative Bill Cork. He loved his family, he loved to have a good time, he loved to fish, he loved to duck hunt, he loved music and he just enjoyed very much playing his spoons. He loved politics, he loved to travel, he loved to play golf, he loved people. He loved his country, his state and his hometown. And if Bill Cork had a motto, it would have been, 'don't worry, be happy.' Bill Cork also had other things that meant very much to him. If you will allow me to express my opinions, he loved his Lord, he loved his church, he thanked the Lord for his many blessings. He was a man of conscious and commitment, and he was a man of compassion. He performed many acts of caring and doing for the less fortunate. He was a witness for his Lord. He cared deeply for his wife and children and he was devoted to them. He was a good friend and a good man. I would like to read a poem by Annie Johnson Flint entitled 'What God Has Promised.' 'God hath not promised skies always blue, flower-strewn pathways, all our lives through. God hath not promised sun without rain, joy without sorrow, peace without pain. But, God hath promised strength for the day, rest for the labor, light for the way, grace for the trials, help from above, unfailing sympathy, undying love.' I have a statement here by an unknown author, that my page, Kempson, brought to my home at the time of my wife's death, and I would like to read it. 'I did not die, do not stand at my grave and weep, I am not there, I do not sleep. I am a thousand winds that blow, I am the diamond glints on snow. I am the sunlight on ripened grain, I am the gentle autumn's rain. When you awaken in the morning's rush, I am the swift up-lifting rush of quiet birds in circles flight. I am the soft star that shines at night. Do not stand at my grave and cry, I am not there, I did not die.' Thank you."
The House stood in silent prayer in memory of their former colleague, Rep. WILLIAM CORK.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Corning Davenport Derrick Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on June 20, 1989.
Doug McTeer Thomas E. Huff E.B. McLeod Dick Elliott Grady Brown Larry Gentry
STATEMENTS BY REPS. T. ROGERS AND HASKINS
Reps. T. ROGERS and HASKINS made a statement relative to Rep. HEARN's service in the House of Representatives.
Rep. HEARN made a statement relative to her service in the House and expressed her appreciation to all members.
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.
At twelve o'clock 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, H.4124, adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
H. 4124 -- Reps. J. Rogers, McEachin, Gentry and D. Martin: A CONCURRENT RESOLUTION TO FIX TUESDAY, JUNE 20, 1989, AT 12:00 NOON AS THE TIME FOR ELECTING A SUCCESSOR FOR THE FAMILY COURT JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES IN 1989.
The President announced that nominations were in order to elect successors for the position of Judge, Family Court, Fifth Judicial Circuit, Seat 3.
Rep. SHEHEEN nominated Mr. William R. Byars, Jr. of Camden, S.C. as follows:
"I rise to nominate someone for the Fifth Circuit Family Court a lot, which is allocated to Kershaw County, Bill Byars. Most of you have grown to know Bill over the last month. He and his wife, Camille, have spent approximately the last month here with you, in the lobby, so that you would have a chance to get to know Bill. I'm going to tell you a few things about him today that you don't know and didn't learn. Mr. Wilder, he grew up in Barnwell. And we didn't hold that against him when he came to Camden, we applauded that, because you did a good job. I would normally tell you that I regret that he went to Louisiana, to LSU to go to school, before he went to Law School, but it was there that he found his wife, Camille, and that made him a better person, if you want to know the truth. He's got three fine sons who have joined him in the balcony today with his wife, Camille, and some other members of his family. He came to Camden to practice law and the first time I met him was in an interview, we were interviewing perspective lawyers for the Savage Law Firm. That was the first time I ever knew him, and I've spent those years since 1972 getting to know him and practicing law with him on a daily basis. But, even more important, he has woven himself into the fabric of our community by devoting his time to his family and his church and to public endeavors. I have frequently said to each of you and other of my acquaintances in the political arena that the toughest job in the world is to be a member of a local school board, because every time you make a decision about somebody's children, they either like it or don't like it. If they like it, somebody else doesn't like it. Bill has served on the Kershaw County School Board. He has served as Chairman of the Kershaw County School Board and when he takes office as a Family Court Judge, he will be required to vacate that and I dare say, the Kershaw County School Board will be worse off for it. So, our community has presented to you today, a candidate who is experienced in his church and his family, has shown a devotion to his community, has participated in public affairs, knows children, knows their problems, has experienced them first hand, and when we present that candidate to you from Camden today, I regret to say that he will have to spend a great deal of time away from us, because we don't have a lot of Family Court matters which will hold him in Camden. He'll spend some of his time there, but we are not a large enough community to occupy a judge full time. Columbia will benefit from his expertise on the bench, his devotion to the law as a student, but more important, his compassion for people and their problems and his understanding for children. I'm proud to have known him for 17 years, to practice law with him for 17 years and I'm proud to place his name in nomination today for Family Court Judge in the Fifth Judicial Circuit."
Reps. WILDER, BARFIELD, BAXLEY and KLAPMAN seconded the nomination of Mr. Byars.
On motion of Senator Pope the names of Mr. Rolly Warren Jacobs and Mr. Michael E. Stegner were withdrawn from consideration.
On motion of Senator Pope, the nominations were 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 William R. Byars, Jr. was duly elected to the position of Judge, Family Court, Fifth Judicial Circuit, Seat 93, for the term prescribed by law.
The Reading Clerk of the Senate read the Concurrent Resolution, S. 783, which was adopted by both Houses.
S. 783 -- Senator Holland: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 31, 1989, AS THE TIME FOR ELECTING MEMBERS TO THE STATE BOARD OF SOCIAL SERVICES FROM THE SECOND, FOURTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE AT-LARGE SEAT.
The President announced that nominations were in order to elect a successor for a position on the Department of Social Services Board from the Second Congressional District.
Rep. WRIGHT nominated Mr. Gerald W. Beckham of Columbia, S.C. as follows:
"Members of the House and Senate...I rise before you today to place in nomination a gentlemen who has been quite active in his community over the years and someone who knows service delivery on a large scale and would do the Department of Social Services justice as a member of the DSS Board. I've communicated with members of the House on three separate occasions through letters encouraging your support for Gerald Beckham to the DSS Board, giving you his qualifications and done nothing but speak very positively in this campaign, contrary to some of the memos that have been circulated, one as late as today. We have not, in any way, said anything negative about anybody in this race. We tried to be very factual and the members of the House who have been campaigning for Mr. Beckham have been likewise in their support. So, I will place in nomination, at this time, Gerald Beckham, for the Second Congressional DSS Board seat."
Rep. LANFORD seconded the nomination of Mr. Beckham.
Rep. FELDER nominated Mr. Oscar P. Butler, Jr. of Orangeburg, S.C. as follows:
"Mr. Speaker, distinguished colleagues of the Senate and House...It is always a distinct honor and privilege to address the Joint Assembly. So much history and so much change and tradition have occurred in this great Hall of the State House. And today, I'm going to ask you to not change, but to maintain tradition and history, a positive history on the Board of the Department of Social Services. I will not speak negatively about Mr. Beckham, nor will I say anything bad about him. I'm here today to talk positively about my friend, Dr. Oscar Butler. Oscar P. Butler, Jr. has served for two terms as a representative of the Second Congressional District and this would be his third term. A lot of things have been said by way of innuendo or off the record but, let me tell you about him, because I know him. He lives, not only in my district as a constituent, but he is a friend. I've been knowing Oscar Butler since 1971, when I came two years out of law school, about 26 years old, and I thought I was God's gift to law and everything else and I was going to solve all of the problems and I met a very good friend and we have walked a long road together and I learned a lot from him and, hopefully, we both have mellowed a little bit and gotten a little wiser and have learned from life's experiences. But, Oscar is an outstanding person. He is a captain in the U.S. Naval Reserve. He recruits for the Navy. He is a Naval Liaison Officer on South Carolina State College Campus. He has served that great institution for thirty-five years. Thirty-five years of his life has been spent carrying and bearing the emblem of State College with pride and love. He is their Vice President of Student Affairs. He is a family man, he is a church person, he believes and walks closely with his Lord. He is a good man. Let me briefly tell you about Oscar Butler, that you may not know, that I know. When people look in their lives and look at life in general, they can be anything from a cynic to an optimist. MacBeth says, in his scenario about life, that life is but a tale, to an old bound idiot, full of sound and fury signifying nothing. A lot of our lives are lived like that, full of sound and fury, but signifying nothing. The gentlemen I nominate to you today, has been an activist, a person who has created change for the positive good, who has had the integrity and foresight to stand up against things that many would have failed to stand up against. He is also a compassionate person that through this change has not tried to be disruptive, but to be constructive, not to destroy, but to build. So, I would say that MacBeth's soliloquy about life doesn't fit here, but perhaps George Bernard Shaw, though, saw something in some of us, like Oscar Butler, when he said that some people look at life as it should be and do nothing about it, but they look at things that ought to be and the courage to make a difference. He's done that in his life, not only for social change, but for the people who have had no spokesman, for people who have had no one to stand up for them, for people that needed his help. I know at a camp on the river down in Calhoun County, quietly he came to me and over the years we've watched that camp grow for children that would not have had a chance and many other projects, that maybe don't make the headlines, maybe he doesn't get an award for, maybe doesn't get a pat on the back for, but it does help the individual life. Longfellow said about service to mankind, that they who serve best only stand and wait. And that means, certainly, that a person doesn't necessarily have to get across the finish line first, he doesn't have to get the trophy, but if he has the guts and the integrity and the patience to wait, and put service above self, and perhaps that is the purest kind of service, the service that we, who profess Christianity, feel the master would have wanted. Finally, there is a book called the 'Sojourner' and it is a book that was written about a lady that makes a sojourn across America with her family. She meets all kinds of trials and tribulations and at the end of the book is a poem that is entitled 'The Sojourner' and in that poem, it says that you can't hold a strong position without strong opposition. Pete Butler knows about that because he has held a strong position and maybe there is strong opposition, but without strength, you cannot have integrity. The second line goes you can't seem right to any if you don't seem wrong to many. You're not doing anything if everybody thinks you're great and wonderful and you haven't affected any type of change. Pete Butler has seen this in his life certainly and he has done what he felt to be right. The closing phrase of the poem says that you must stub your toe against reality, bigotry, and prejudice if you are to obtain any goal in life worth having. And that is the end of the poem. I ask you today to recognize the fact that this man has had the courage to stand up against all of these things to make his sojourn. I think he has miles to go, in the words of Frost, before he sleeps and he has a commitment and a promise to keep. I ask you to let him keep that promise, maintain that commitment. Don't cut him off in mainstream for some reason that is external to the process. If you look at his record and look at his accomplishments, not only in life, but at the school, you will say with me, keep those promises, continue on your journey, until you reach the proper ending. Therefore, Mr. President, it is with great honor and privilege that I nominate my dear friend, Oscar P. Butler, Jr. to retain his seat on the Second Congressional District Board for DSS."
Senators Mitchell, Lourie, McGill, Matthews and Drummond seconded the nomination of Mr. Butler.
Reps. BLANDING, WHITE, J. BAILEY, MARVIN, WASHINGTON, J. BROWN, BENNETT, K. BAILEY, D. WILLIAMS, T. ROGERS, SNOW and HOLT seconded the nomination of Mr. Butler.
The nominations were closed.
Rep. HUFF asked unanimous consent to make a motion that the members of the House be permitted to vote by electronic roll call.
Rep. FELDER objected.
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. Beckham:
Courson Giese Hinds Leatherman Lee Leventis Macaulay Martin Martschink McConnell Rose Russell Setzler Shealy Smith, H.C. Smith, N.W. Stilwell Thomas Wilson
The following named Senators voted for Mr. Butler:
Bryan Drummond Fielding Gilbert Hayes Holland Land Lindsay Lourie Matthews McGill McLeod Mitchell Moore Mullinax O'Dell Patterson Peeler Pope Saleeby Smith, J.V. Waddell Williams
The following named Representatives voted for Mr. Beckham:
Alexander, T.C. Baker Barfield Baxley Beasley Boan Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Corbett Corning Davenport Derrick Fair Gentry Hallman Harris, J. Haskins Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus Martin, L. McEachin McGinnis McKay McLellan Moss Neilson Nesbitt Quinn Rama Sharpe Simpson Stoddard Vaughn Waldrop Wells Wilder Wilkins Wofford Wright
The following Representatives voted for Mr. Butler:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Barber Bennett Blanding Brown, J. Brown, R. Chamblee Faber Fant Felder Ferguson Foster Glover Gordon Gregory Glover Gordon Harwell Harris, P. Harvin Kirsh Manly Martin, D. Mattos McAbee McBride McCain McElveen McLeod McTeer Nettles Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Taylor Townsend Tucker Waites Washington White Wilkes Williams, D.
Total Number of Senators voting 42
Total Number of Representatives voting 110
Grand Total 162
Necessary to a choice 77
Of which Mr. Beckham received 77
Of which Mr. Butler received 75
Rep. FOSTER raised a Point of Order with reference to the tally, that although a member, Rep. NESBITT, was absent from the Chamber, his vote was recorded for Mr. Beckham and, therefore, the results of the election were in error and should be voided.
Rep. NESBITT stated that he did not cast any vote in this election.
Total Number of Senators voting 42
Total Number of Representatives voting 109
Grand Total 151
Necessary to a choice 77
Of which Mr. Beckham received 76
Of which Mr. Butler received 75
Rep. BLANDING raised a Point of Order under Mason's, Section 517, that the election should be declared null and void based on the fact that an illegal vote was cast.
Rep. HASKINS spoke on the Point of Order and stated that subsection 2 of Section 517 indicated that an election would not be invalidated in which a change in the vote tally did not change the outcome of the election.
Reps. GREGORY and KOHN spoke on the Point of Order.
The President sustained the Point of Order raised by Rep. BLANDING.
The results of the election having been voided, the President announced that the Joint Assembly would proceed to a second ballot.
Rep. FELDER moved that tellers be appointed during the second balloting.
Rep. KOHN made a Parliamentary Inquiry as to whether or not a simple majority or a majority plus one was necessary to a choice.
The President stated that a majority vote is one-half of the total number of votes cast plus one and that a majority as so defined is the vote necessary to a choice.
Senator McLeod made a motion that the Joint Assembly recede until Wednesday, June 21, 1989, at 12:00 Noon.
Reps. KOHN, HUFF and WHITE spoke on the motion.
Rep. GORDON moved that the Joint Assembly do now adjourn. Rep. WHITE seconded the motion.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, the House was permitted to vote by electronic roll call.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Felding Gilbert Hinds Holland Leatherman Lourie Matthews McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Waddell
NAYS
Bryan Courson Giese Lee Lindsay Macaulay Martin Martschink McConnell Pope Rose Russell Setzler Shealy Smith, H.C Smith, J.V. Smith, N.W. Stilwell Thomas Wilson
POINT OF ORDER
Rep. HUFF raised a Point of Order that a majority of a vote is sufficient to carry the election.
Rep. T. ROGERS raised the Point of Order that the Point of Order of Rep. HUFF is out of order in that the President had rendered a ruling and that the Point comes too late.
Rep. FELDER spoke on the Point of Order and raised a further Point of Order that a Point of Order may only pertain to the subject of adjournment and, consequently, Rep. HUFF's Point of Order is out of order.
The President sustained the Point of Order raised by Rep. ROGERS.
Rep. LIMEHOUSE requested the President to reconsider the ruling.
The President stated that he would review any applicable precedents and inform the Joint Assembly as to his research upon reconvening.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Barber Barfield Bennett Blanding Brown, J. Chamblee Elliott Faber Fant Farr Felder Ferguson Foster Glover Gordon Gregory Harris, P. Harvin Harwell Holt Keyserling Kirsh Manly Martin, D. Mattos McAbee McBride McCain McElveen McLeod McTeer Nesbitt Nettles Phillips Rhoad Rogers, T. Rudnick Short Smith Snow Taylor Townsend Tucker Waites Washington White Wilder Wilkes Williams, D.
Those who voted in the negative are:
Alexander, T.C. Baker Baxley Beasley Boan Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Corbett Corning Davenport Derrick Fair Gentry Hallman Harris, J. Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus Martin, L. McEachin McGinnis McKay McLellan Moss Neilson Quinn Rama Rogers, J. Sharpe Sheheen Simpson Stoddard Sturkie Vaughn Wells Wilkins Williams, J. Wofford Wright
The Joint Assembly refused to adjourn. The question then was the motion by Senator McLeod to recede to take a second ballot on Wednesday, June 21, 1989, at 12:00 Noon.
Rep. GORDON rose to a Point of Personal Privilege.
Rep. LIMEHOUSE raised a Point of Order that the speaker should address the Point of Personal Privilege to matters affecting the speaker personally and that the remarks of Rep. GORDON are improper.
At 1:14 P.M., on motion of Rep. FELDER, the Joint Assembly receded from business until 2:30 P.M.
At 2:30 P.M., the Joint Assembly resumed. The question being the motion by Senator McLeod to reschedule the election for Wednesday, June 21, 1989, at 12:00 Noon.
Senator Thomas made a Parliamentary Inquiry as to whether or not the President had researched the decision rendered prior to the recess concerning what constituted a majority.
The President stated that there were elections in which votes were proportionately rounded up and elections reflecting a majority plus one; however, the precedent is "a majority being one-half of the total number of votes cast plus one" and cited a previous Ruling of the President of March 14, 1984 which states in pertinent part:
The President cited the proceedings of the election referred to in the Journal of August 16, 1979, wherein that election was carried out by determining the total number of House members and Senators voting, dividing by two and adding one, and he overruled the Point of Order.
The Joint Assembly proceeded to the second ballot.
Rep. FOSTER rose to a point of personal privilege.
Rep. M.D. BURRISS made a Parliamentary Inquiry as to why the 76-75 vote result of the first ballot did not constitute a majority vote.
The President stated that a majority vote was calculated by taking one-half of the total votes cast, in this instance, 75.5, and adding one, resulting in 76.5, which was rounded up to 77 votes. Consequently, 76 did not constitute a majority.
Rep. KOHN moved to appeal the Ruling of the PRESIDENT.
Rep. FELDER raised a Point of Order that the appeal comes too late inasmuch as there was intervening debate.
Rep. QUINN made a Parliamentary Inquiry as to whether or not the President was making the ruling at the present time.
The President stated that the ruling had been made prior to the recess.
Rep. LIMEHOUSE made a Parliamentary Inquiry as to whether or not any precedent was reflected in previous Joint Assemblies as to the Point of Order raised by Rep. FELDER.
Rep. KOHN requested that the President reconsider the ruling rendered prior to the recess.
Rep. KLAPMAN spoke on the Point of Order.
Rep. KOHN rose to a point of personal privilege.
The President sustained the Point of Order raised by Rep. FELDER.
Rep. LIMEHOUSE moved that for the purpose of the election for DSS Commissioner for the Second Congressional District between Messrs. Beckham and Butler, that the proportional method of calculating a majority, as specified in Mason's Manual, be applied and that any fraction resulting from taking one-half of the total votes cast be rounded to the next whole number.
Senator Bryan made a Parliamentary Inquiry as to whether or not the motion before the body was the motion by Senator McLeod to reschedule the second balloting until Wednesday, June 21, 1989, at 12:00 Noon.
The President stated that that was correct.
On motion of Senator McLeod, with unanimous consent, the motion was withdrawn.
Rep. FELDER raised a Point of Order that to make a motion to adopt Mason's would require unanimous consent and any motion to change the rules would therefore be out of order.
Rep. LIMEHOUSE spoke on the Point of Order and stated that the Joint Assembly is a majority of both Houses and until rules were adopted to the contrary, the Joint Assembly could adopt rules under which to conduct the Joint Assembly.
Rep. FELDER made a Parliamentary Inquiry as to whether or not unanimous consent was required.
The President stated that at this time unanimous consent was not required inasmuch as this motion related specifically to the conduct of the instant matter.
Rep. FELDER withdrew the Point of Order.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, the House voted by electronic roll call.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Giese Helmly Lee Leventis Macaulay Martin Martschink McConnell Rose Russell Setzler Shealy Smith, H.C. Smith, N.W. Stilwell Thomas Wilson
NAYS
Fielding Gilbert Hayes Hinds Land Lindsay Long Lourie Matthews McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Saleeby Smith, J.V. Waddell
Those who voted in the affirmative are:
Alexander, T.C. Baker Barber Baxley Beasley Boan Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Corbett Corning Davenport Derrick Fair Gentry Hallman Harris, J. Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus Martin, L. McEachin McElveen McGinnis McLellan Moss Neilson Nettles Quinn Rama Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Stoddard Sturkie Townsend Vaughn Waites Wells Wilkins Williams, J. Wofford
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Bennett Blackwell Blanding Brown, G. Brown, J. Chamblee Elliott Faber Fant Felder Ferguson Foster Glover Gregory Harris, P. Harvin Harwell Holt Kay Keyserling Kirsh Manly Martin, D. Mattos McAbee McBride McKay McLeod McTeer Nesbitt Phillips Rhoad Rudnick Smith Snow Taylor Tucker Washington White Wilkes Williams, D.
The motion was adopted.
The Joint Assembly proceeded to the second ballot.
The SPEAKER appointed Reps. FELDER, K. BAILEY, BEASLEY and WELLS as tellers.
The President appointed Senators Pope, Mullinax, Courson and Fielding as tellers.
Rep. MATTOS asked unanimous consent to make a motion that the House be permitted to vote by electronic roll call.
Rep. CORNING objected.
The following named Senators voted for Mr. Beckham:
Courson Giese Lee Leventis Macaulay Martin Martschink McConnell Rose Russell Setzler Shealy Smith, H.C. Smith, N.W. Stilwell Thomas Wilson
The following named Senators voted for Mr. Butler:
Bryan Drummond Fielding Gilbert Hayes Helmly Hinds Land Lindsay Long Lourie Matthews McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Saleeby Smith, J.V. Waddell
The following named Representatives voted for Mr. Beckham:
Alexander, T.C. Baker Barfield Baxley Beasley Boan Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Corbett Corning Davenport Derrick Fair Gentry Hallman Harris, J. Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus Martin, L. McEachin McGinnis McKay McLellan Moss Neilson Quinn Rama Sharpe Simpson Stoddard Sturkie Vaughn Wells Wilkins Wofford Wright
The following named Representatives voted for Mr. Butler:
Alexander, M.O. Altman Bailey, J. Bailey, K. Barber Bennett Blackwell Blanding Brown, G. Brown, J. Brown, R. Carnell Chamblee Elliott Faber Fant Farr Felder Ferguson Foster Glover Gregory Harris, P. Harvin Harwell Holt Kay Keyserling Kirsh Manly Martin, D. Mattos McAbee McBride McCain McElveen McLeod McTeer Nesbitt Nettles Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Taylor Townsend Tucker Waites Washington White Wilkes Williams, D. Williams, J.
RECAPITULATION
Total Number of Senators voting 42
Total Number of Representatives voting 115
Grand Total 157
Necessary to a choice 79
Of which Mr. Beckham received 74
Of which Mr. Butler received 83
Whereupon, the President announced that Mr. Butler was duly elected to the Department of Social Services Board from the Second Congressional District for the term prescribed by law.
Rep. LIMEHOUSE moved that the Joint Assembly adopt Mason's to govern all Joint Assemblies.
Rep. BLACKWELL raised a Point of Order that the motion was out of order.
The President overruled the Point of Order and stated that a motion can be made at any time provided no one retained the floor.
Senator Lourie raised a Point of Order that the motion was out of order in that it was not contained in the provisions of the Concurrent Resolution setting the election.
The President sustained the Point of Order.
Rep. LIMEHOUSE amended the motion to adopt Mason's to govern only elections in the Joint Assemblies.
Senator Lourie raised a Point of Order that the motion was out of order in that it was not contained in the provisions of the Concurrent Resolution setting the election.
The President sustained the Point of Order.
The President announced that nominations were in order to elect a successor to the Department of Social Services Board from the Fourth Congressional District.
Rep. MANLY nominated Mr. John K. Earle of Greenville, South Carolina.
Senator Mitchell seconded the nomination of Mr. Earle.
On motion of Senator Mitchell, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. John K. Earle was duly elected to the Department of Social Services Board from the Fourth Congressional District for the term prescribed by law.
The President announced that nominations were in order to elect a successor to the Department of Social Services Board from the Sixth Congressional District.
Rep. McEACHIN nominated Mr. Phillip P. Campbell of Darlington, South Carolina.
Rep. STODDARD seconded the nomination of Mr. Campbell.
On motion of Rep. STODDARD, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Phillip P. Campbell was duly elected to the Department of Social Services Board from the Sixth Congressional District for the term prescribed by law.
The President announced that nominations were in order to elect a successor to the Department of Social Services Board for the At-Large Seat.
Senator Lourie nominated The Reverend David E. Landholt of Columbia, S.C.
Rep. KEYSERLING seconded the nomination of Reverend Landholt.
On motion of Rep. KEYSERLING, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Reverend David E. Landholt was duly elected to the Department of Social Services Board for the At-Large Seat for the term prescribed by law.
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.
At 3:50 P.M. the House resumed, the SPEAKER in the Chair.
Reps. BOAN and McCAIN 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.
Rep. McCAIN continued speaking.
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
Rep. GENTRY raised the question of a quorum.
A quorum was later present.
Rep. BOAN spoke in favor of granting Free Conference Powers.
Reps. WASHINGTON and WILKES spoke against granting Free Conference Powers.
Reps. BOAN and GENTRY spoke in favor of granting Free Conference Powers.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Free Conference Powers request.
Rep. GENTRY moved to reconsider the vote whereby Veto No. 59 was sustained and the motion was noted.
The following was received.
Columbia, S.C., June 20, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on (R277) H. 4088 by a vote of: ayes 46 nays 0:
(R277) H. 4088 -- Rep. Sheheen: AN ACT TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO CHANGE THE PROCEDURE FOR SELECTING THE BOARD MEMBERS FROM APPOINTMENT BY THE GOVERNOR TO ELECTION BY THE USERS OF THE DISTRICT.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 19, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 812:
S. 812 -- Senator Gilbert: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE BOYS CLUB OF FLORENCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with concurrence the following:
H. 3543 -- Reps. Gordon, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE DEPARTMENT'S FACILITY IN KINGSTREE IN WILLIAMSBURG COUNTY IN HONOR OF THE LATE FRANK H. MCGILL, SENATOR FROM WILLIAMSBURG COUNTY.
At 4:05 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.
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