Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:45 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Creator and Sustainer and Whose desire it is that Your children live together in peace, let the light of Your universal Fatherhood shine upon the world that the barriers which divide may crumble, suspicions disappear, and hatred cease. Be with all in positions of leadership that our liberties may be defended, that there be justice and peace not only in our great Nation, but throughout the world. Help us all to serve faithfully to promote the welfare of Your children everywhere that peace may prevail with righteousness, and justice with insight.
We pray to our God Whose love knows no limit. 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 received and referred to the appropriate committee for consideration.
Document No. 1370
Promulgated By Board of Examiners in Psychology
Licensure, Examinations, Renewal, Code of Conduct, Fees, Supervision, Board Actions, Continuing Education
Received By Speaker February 5, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 5, 1991
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3081 -- Reps. M.O. Alexander, Manly, Cork, Keyserling, Neilson, Baxley, McKay, Houck, Jaskwhich, Cato, Whipper, J. Bailey, Holt, Barber, Rama, Hallman, Fulmer, Faber, Koon, Wilder, McElveen, McLeod, Harrison, D. Williams, T.C. Alexander, L. Martin, Stoddard, Haskins, Hodges, Sheheen, Corning, Hayes, McGinnis, Wells, Phillips, Clyborne, Mattos, Littlejohn, Bruce, Corbett, M. Martin, Klapman, Cromer, Waites, J. Williams, Keegan, J. Rogers, Short, Waldrop, Burch, Wilkins, Kinon, Kempe, P. Harris, G. Brown, J. Harris, T. Rogers, A. Young, Meacham, Harvin, Altman, Marchbanks, Rudnick and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3011 -- Reps. Kirsh and Whipper: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3051 -- Rep. D. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING, AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3064 -- Reps. P. Harris, Carnell, J. Harris, Corning and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Corning and Mattos: A BILL TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3177 -- Reps. Cooper and Chamblee: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET BEFORE THE SECRETARY OF STATE MAY ISSUE A CORPORATE CERTIFICATE AND THE EXCEPTIONS TO THESE REQUIREMENTS, SO AS TO PROVIDE ADDITIONAL EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3205 -- Reps. M.O. Alexander, T.C. Alexander, Cato, Clyborne, Corning, Burch, D. Elliott, Gentry, Haskins, Hayes, Hodges, Houck, J.W. Johnson, Keegan, Kempe, Keyserling, Kinon, Kirsh, Klapman, Manly, L. Martin, Mattos, McElveen, Rudnick, Stoddard, Waldrop, R. Young, Koon, Boan, Wells, Quinn, Neilson, McLeod, T. Rogers, Hallman, Sturkie, McGinnis, Littlejohn, Baxley, Keesley, McKay, Wofford, L. Elliott, Cromer, Fulmer, Lanford, Altman, J. Williams, Huff, Rama, D. Williams, Wilkes, Cole, Smith, Wilkins, Burriss, Carnell, Waites, Foster, P. Harris, Derrick, J. Harris, Phillips, Farr, J.C. Johnson, White, Sharpe and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3043 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1710 SO AS TO REQUIRE AN INCOME TAX RETURN PREPARER TO INCLUDE HIS FEDERAL TAXPAYER IDENTIFICATION NUMBER ON STATE INCOME TAX RETURNS AND CLAIMS FOR REFUND PREPARED BY HIM.
Ordered for consideration tomorrow.
Rep. HENDRICKS, with unanimous consent, presented Mrs. Mary Hamby, winner of the "Ms. S.C. Senior America" award.
The Senate sent to the House the following:
S. 575 -- Senators Passailaigue, McConnell, Fielding, Washington and Martschink: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING ACHIEVEMENTS OF CHARLESTON NATIVE BETH DANIEL IN HER CAREER AS A PROFESSIONAL GOLFER AND WISH HER CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 598 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE HERMAN LYLE EDWARDS OF AIKEN COUNTY UPON BEING RECOGNIZED AS "SOUTH CAROLINA'S TEXTILE CITIZEN OF THE YEAR - 1990".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 599 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE GERALD TAYLOR OF AIKEN COUNTY UPON BEING AWARDED THE "FIREFIGHTER OF THE YEAR" AWARD FOR THE BELVEDERE FIRE DISTRICT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 600 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE CAPTAIN JERRY BODIE OF AIKEN COUNTY WHO WAS RECENTLY AWARDED "OFFICER OF THE YEAR" FOR THE BELVEDERE FIRE DISTRICT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 604 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA STATE COLLEGE UPON ITS REACCREDITATION BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS WITHOUT THE REQUIREMENT OF A FOLLOW-UP INSPECTION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. K. BAILEY, with unanimous consent, the following was taken up for immediate consideration:
S. 605 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 6, 1991, AS SOUTH CAROLINA STATE COLLEGE DAY.
Whereas, South Carolina State College, since its founding in 1896, has played an extraordinary part in the cause of higher education for the people of South Carolina; and
Whereas, South Carolina State College is accredited by the Southern Association of Colleges and Schools and is a member of the Council of Graduate Schools in the United States; and
Whereas, South Carolina State College is the only public institution in South Carolina offering the Ed. D. Degree; and
Whereas, South Carolina State College is currently involved in more than ten million dollars in research; and
Whereas, South Carolina State College is the only institution in South Carolina to offer both undergraduate and graduate degree programs in speech pathology and audiology; and
Whereas, South Carolina State College's nationally accredited Counseling and Self-Development Center offers among its programs Psychometric Services; and
Whereas, South Carolina State College's School of Education with its nationally accredited teacher education program is the only one in South Carolina to operate a laboratory school (Felton Laboratory School); and
Whereas, South Carolina State College's nationally accredited School of Engineering Technology is the only one in South Carolina; and
Whereas, South Carolina State College's nationally accredited School of Home Economics and Human Services prepares students for fruitful careers in nutrition and allied areas; and
Whereas, South Carolina State College's Army ROTC Program has commissioned more Black officers than any other institution and enjoys the status of having two retired Brigadier Generals, a Lieutenant General, and a Major General; and
Whereas, South Carolina State College's Museum/Planetarium is the largest single exhibit gallery in South Carolina and the largest planetarium between Chapel Hill, North Carolina, and Atlanta, Georgia; and
Whereas, South Carolina State College has more than twenty thousand alumni of record; and
Whereas, this valued institution has been especially beneficial in the intellectual, cultural, and economic life of the Orangeburg community and of the Midlands of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Wednesday, February 6, 1991, is declared South Carolina State College Day.
Be it further resolved that a copy of this resolution be forwarded to the President of South Carolina State College and the Chairman of the Orangeburg Legislative Delegation.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3433 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THAT SQUIRRELS MAY BE HUNTED WITH WEAPONS AND DOGS DURING THE ENTIRE HUNTING SEASON.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3434 -- Rep. Burch: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3435 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT APPLICATION OF CHILD SUPPORT GUIDELINES TO AN EXISTING CHILD SUPPORT ORDER IS CONSIDERED A CHANGE OF CIRCUMSTANCES FOR MODIFICATION OF THE ORDER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3436 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE COLLECTION OF CHILD SUPPORT THROUGH INTERSTATE INCOME WITHHOLDING, SO AS TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Ways and Means.
H. 3437 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE THAT SUIT MONEY MAY NOT BE ASSESSED AGAINST THE DEPARTMENT OF SOCIAL SERVICES.
Referred to Committee on Judiciary.
H. 3438 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF A CHILD IS SELF-SUPPORTING FOR PURPOSES OF TERMINATING CHILD SUPPORT AND TO EXTEND CHILD SUPPORT UNTIL AGE NINETEEN IF THE CHILD IS IN HIGH SCHOOL AND MAKING SATISFACTORY PROGRESS AND TO REVISE PROVISIONS RELATING TO EXTENDING CHILD SUPPORT BEYOND AGE EIGHTEEN WHEN THE CHILD IS MENTALLY OR PHYSICALLY DISABLED.
Referred to Committee on Judiciary.
H. 3439 -- Reps. Manly, Hallman, Sturkie, Rama, Smith, McKay, Wilder, Hodges, Phillips, J. Brown, McGinnis, M.O. Alexander, Scott, D. Williams, L. Elliott, Keyserling, Corning, Kempe, Beatty, Barber, L. Martin, Burriss, J. Harris, Koon, J.W. Johnson, Houck, Altman and Waldrop: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE FOR FREE BIG GAME PERMITS AND WILDLIFE MANAGEMENT AREA PERMITS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3440 -- Reps. Nettles and McKay: A BILL TO AMEND SECTION 38-77-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND DESIGNATED PRODUCERS, SO AS TO PROVIDE THAT AN APPLICANT MAINTAINING MULTIPLE OFFICES ON JUNE 4, 1987, IS ENTITLED TO MAINTAIN THREE, RATHER THAN TWO, LOCATIONS AS A DESIGNATED AGENT WHICH HE OWNED AND OPERATED AT THAT TIME AND THROUGH WHICH PREMIUMS OF AT LEAST SEVENTY-FIVE THOUSAND DOLLARS WERE WRITTEN.
Referred to Committee on Labor, Commerce and Industry.
H. 3441 -- Reps. Wright, R. Young, Baxley, Quinn, Vaughn, Koon, Corbett, Smith, Sharpe, Rama, Jaskwhich, Sturkie, M.O. Alexander, Holt, McCraw, Cato, J. Bailey, Fulmer, Phillips, Barber, Gonzales, Hallman, Meacham, Kempe, Lanford, Beatty, Beasley, Wofford, J.C. Johnson and Farr: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM TAXABLE INCOME, SO AS TO PROVIDE A DEDUCTION FOR ATTORNEY FEES AND COURT COSTS INVOLVED IN THE ADOPTION OF A CHILD.
Referred to Committee on Ways and Means.
H. 3442 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1346, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3443 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO MERIT RATING PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1257, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3444 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO DATES FOR PAYMENT OF ANNUAL LICENSE FEES FOR INSURANCE AGENTS, BROKERS, ADJUSTERS, AGENCIES, AND MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1312, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3445 -- Reps. Baxley, Beasley, J. Harris, Kinon and Harwell: A JOINT RESOLUTION REQUIRING A SPECIAL ELECTION TO BE CONDUCTED ON TUESDAY, MARCH 26, 1991, TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES, DISTRICT 54, IN MARLBORO COUNTY.
On motion of Rep. BEASLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3446 -- Reps. Stoddard, Hallman, G. Bailey, Waldrop, D. Elliott, Short, Clyborne, Bennett, Harvin, Phillips, Wells, Farr, Foster, J.W. Johnson and Baker: A BILL TO AMEND SECTION 16-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEFINITIONS IN REGARD TO THE REGULATION OF FIREARMS, SO AS TO REVISE THE DEFINITION OF A "MILITARY FIREARM".
Referred to Committee on Labor, Commerce and Industry.
H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.
Referred to Committee on Judiciary.
S. 263 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION HEARINGS AND RECORDS, SO AS TO PROHIBIT THE RELEASE OF IDENTIFYING INFORMATION PERTAINING TO AN ADOPTION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
S. 273 -- Senators J. Verne Smith and Giese: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE APPLICATION REQUIRED TO OBTAIN THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY BE FILED AT ANY TIME ON OR BEFORE THE FIRST PENALTY DATE FOR TAXES ON THE PROPERTY FOR THE YEAR IN WHICH THE SPECIAL ASSESSMENT RATIO FIRST APPLIES.
Referred to Committee on Ways and Means.
S. 317 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE PROVISION THAT EACH OWNER OF A PART OF THE FEE OR LIFE ESTATE OWNS EQUAL INTEREST IN THE HOMESTEAD.
Referred to Committee on Ways and Means.
S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.
Referred to Committee on Judiciary.
S. 353 -- Senators Giese and Rose: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION, SO AS TO DELETE THE DATE BY WHICH LIFE ESTATES CREATED OTHER THAN BY WILL ARE OTHERWISE ELIGIBLE FOR THE EXEMPTION.
Referred to Committee on Ways and Means.
S. 420 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE LANGUAGE WITH RESPECT TO THE EXEMPTION FOR INVENTORIES AND CLARIFY THAT THE EXEMPTION APPLIES TO ALL INVENTORIES.
Referred to Committee on Ways and Means.
S. 496 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 389 OF 1955, AS AMENDED, RELATING TO THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT IN ANDERSON AND GREENVILLE COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO OWN AND OPERATE RECREATIONAL FACILITIES AND TO LIMIT THE EXPENDITURE OF TAX REVENUES OF THE DISTRICT WITH RESPECT TO RECREATIONAL NEEDS.
On motion of Rep. BAKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 574 -- Senators McGill and Hinds: A BILL TO AMEND ARTICLE 12, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2415, SO AS TO PERMIT RUBBER PADDED STEEL FOOT-HOLD TRAPS TO BE USED IN GAME ZONE 9 TO CAPTURE FOX.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
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 Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Faber Fair Farr Foster Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McBride McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
LEAVE OF ABSENCE
The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for the remainder of the day due to an illness in the family.
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.
The Reading Clerk of the Senate read the following Concurrent Resolution:
S. 500 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 6, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1991, AND TO ELECT JUDGES FOR THE NINE NEW CIRCUIT COURT JUDGESHIPS CREATED BY ACT 610 OF 1990, WHOSE TERMS SHALL BEGIN JULY 1, 1991.
The President of the Senate indicated that a communication had been received from Senator Mullinax regarding his being permitted to vote in the respective elections either having the vote count in the tally or, in the alternative, record the vote but not have it affect the outcome.
Rep. McTEER objected.
Senator Fielding made a Parliamentary Inquiry as to whether or not the request to be recorded, not affecting the outcome, would require unanimous consent.
The President stated that unanimous consent would be required.
On motion of Senator Bryan, with unanimous consent, the following communication from Senator Mullinax was ordered printed in the Journal:
The following was received.
February 6, 1991
The Honorable Nick Theodore
Lieutenant Governor
State House
RE: Selection of Judges
Dear Lieutenant Governor Theodore:
As you are aware, I have been called to active duty as a result of Operation Desert Storm. Due to this fact, I am unable to attend today's session but desire to be permitted to cast my votes for the election of the below-listed judges. I am making this request on an alternative basis and ask that either the Senate by its rules, if necessary, or the General Assembly by unanimous consent or by majority vote permit me the below-listed votes to be counted in reaching a tally.
In the alternative, it is my request that the below-listed votes be recorded but not affecting the outcome. I realize this request is unprecedented, but so is the time, and the exigencies of the situation would seem to permit this procedure, and I would so request.
Costa M. Pleicones 5th Judic.Circuit Seat #3
Vic Rawl 9th Judic.Circuit Seat #3
Larry Patterson l3th Jud. Circuit Seat #3
Jackson Gregory l4th Jud. Circuit Seat #2
David H. Maring, Sr. l5th Jud. Circuit Seat #2
Dean Hall At Large Seat #7
Paul Short, Jr. At Large Seat #8
Levy (Lee) Alford At Large Seat #9
Joseph Alva Wilson At Large Seat #l0
Chief Judge Alexander M. Sanders, Jr. Seat #5
Hon. Jasper M. Cureton Seat #6
Hon. Ralph King Anderson At Large Seat #1
Hon. William T. Howell At Large Seat #2
Hon. M. Duane Shuler At Large Seat #3
Hon. Frank P. McGowan, Jr. At Large Seat #4
Hon. James B. Stephen At Large Seat #5
Hon. James E. Lockemy At Large Seat #6
With kindest regards, I am very truly yours,
Michael F. Mullinax
The President announced that nominations were in order for a Chief Judge, Seat 5 of the Court of Appeals, and an Associate Judge, Seat 6, of the Court of Appeals.
Senator Pope, on behalf of the Joint Screening Committee, nominated the following candidates: Alexander M. Sanders, Jr., Chief Judge, Seat 5, and Jasper M. Cureton, Associate Judge, Seat 6.
Rep. GENTRY seconded the nominations.
On motion of Senator Pope, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Alexander M. Sanders, Jr., and Jasper M. Cureton were duly elected for the terms prescribed by law.
The President announced that nominations were in order for Circuit Court Judges, At-Large Seats 1, 2, 3, 4, 5, and 6.
Senator Pope, on behalf of the Joint Screening Committee, nominated the following candidates: Ralph King Anderson, Seat 1; William T. Howell, Seat 2; M. Duane Shuler, Seat 3; Frank P. McGowan, Jr., Seat 4; James B. Stephen, Seat 5; and James E. Lockemy, Seat 6.
Rep. GENTRY seconded the nominations.
On motion of Senator Pope, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Ralph King Anderson, William T. Howell, M. Duane Shuler, Frank P. McGowan, Jr., James B. Stephen and James E. Lockemy were duly elected for the terms prescribed by law.
Senator Pope, on behalf of the Joint Screening Committee, withdrew the following candidates:
John L. Breeden, Jr., Fifteenth Circuit, Seat 2; Mordecai C. Johnson, At-Large, Seat 7; Clyde N. Davis, Jr., At-Large, Seat 8; Marc Westbrook, At-Large, Seat 8; and Thomas C. Dillard, At-Large, Seat 9.
February 6, 1991
Mr. President:
Let the record reflect I abstain from voting in Election of Judges of this State when such election includes a candidate serving in either body of the General Assembly.
Respectfully submitted,
Rep. KEN CORBETT
I did not vote in the races for judgeship! I opposed new judges being added, and feel that to vote would be changing my position. I don't believe that funds will be available in 91-92 budget.
Rep. JARVIS R. KLAPMAN
I believe Rep. PAUL SHORT and Rep. GREGORY will make excellent judges. However, I vigorously support legislation to prohibit members of the Legislature from seeking judgeships until they are out of office at least two years, I respectfully abstain from voting for these two candidates.
Rep. LEWIS VAUGHN
The President announced that nominations were in order for a Circuit Court Judge, Fifth Circuit, Seat 3.
Senator Pope, on behalf of the Joint Screening Committee, nominated Costa M. Pleicones.
On motion of Senator Pope, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced Costa M. Pleicones was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Fourteenth Circuit, Seat 2.
Senator Pope, on behalf of the Joint Screening Committee, nominated Jackson Gregory.
On motion of Senator Pope, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced Jackson Gregory was duly elected for the term prescribed by law.
I abstain from voting for Jackson V. Gregory for 14th Judicial Circuit Seat Number 2.
Rep. CANDY WAITES
Please record my vote of abstention in the election of Judge Gregory.
Rep. LUCILLE S. WHIPPER
Mr. President:
Please show me as abstaining in Rep. Gregory's race unopposed for circuit-court judgeship.
Rep. MAGGIE W. GLOVER
The President announced that nominations were in order for a Circuit Court Judge, At-Large Circuit, Seat 10.
Senator Pope, on behalf of the Joint Screening Committee, nominated Joseph Alva Wilson.
On motion of Senator Pope, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced Joseph Alva Wilson was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Fifteenth Circuit, Seat 2.
Senator Pope, on behalf of the Joint Screening Committee, nominated David H. Maring, Sr.
On motion of Senator Pope, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced David H. Maring, Sr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, At-Large Circuit, Seat 7.
Senator Pope, on behalf of the Joint Screening Committee, nominated H. Dean Hall.
On motion of Senator Pope, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced H. Dean Hall was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Ninth Circuit, Seat 3.
Rep. BARBER nominated Louis E. Condon as follows:
"Mr. Speaker, fellow legislators... I nominate and recommend to you, Mr. Louis E. Condon for Circuit Court Judge. It is an honor for me to nominate Judge Condon, our master-in-equity in Charleston County since 1975 because I hold Judge Condon in the highest esteem and earnestly believe that he holds every qualification for a circuit court judgeship. Judge Condon was a respected private attorney for 13 years before being elevated to the Bench in 1975. In the court room, he has demonstrated an even judicial temperament and a respect for the law. He has always conducted himself in a manner in which promotes public confidence in his integrity and impartiality of the judiciary. He has demonstrated professionalism in an excellent grasp of facts and laws in the very cases which have come before the court. In short, Judge Condon personifies the virtues of the highest level of ethical conduct, decorum, judicial temperament, patience, restraint and professional knowledge. And he conducts an efficient exemplary courtroom. To give you an indication of the type of courts that Judge Condon oversees, let me quote a member of the Bar that has appeared before him on numerous occasions, 'while I regret to say that Judge Condon does not always our arguments persuasive, our position has always received a full and complete and courteous hearing, even when the decision went against us.' In addition to faithfully carrying out his duties as our judge, Judge Condon has given freely of his time in continuing legal education programs sponsored by the Bar and is a frequent lecturer at the Law School. As president of the South Carolina Equity Judges, he spent countless hours drafting legislation for Master-in-Equity Courts, meeting with other masters and appearing before the committees of the General Assembly. He was the impetus behind what resulted in the Uniform Master's legislation which has finally enacted in 1988. This was a selfless task that brought our masters' offices in line with constitutional mandates. In my opinion, and in others, Louis Condon is the most qualified master in the State of South Carolina. He has the judicial experience and integrity and wisdom we need to be one of the best circuit court judges that was ever elected by the General Assembly. I highly recommend and proudly nominate him."
Reps. WHIPPER, HALLMAN, R. YOUNG, ROSS, FULMER, H. BROWN and Senator Martschink seconded the nomination of Mr. Condon.
Senator McConnell nominated A. Victor Rawl as follows:
"Mr. President... It is my pleasure to come here today to nominate a friend of mine, a friend that goes all the way back to college. I am not going to sit here and read from this resume. I have sat out there like the rest of you and listened to these nominating speeches and the clock ticks on and you start getting hungry and you want to know when we are going to get through the formalities and get to the voting. But, I want to tell you something about this particular individual that I think really sets him out and says that he will make a good judge. One of the things, one of the qualities of a good judge is the ability to put on those robes and not have those robes become so heavy that the judge becomes arrogant to the litigants or becomes arrogant to the lawyers or to the people that they serve and you need a person that has been in public service. You need a person like all of us that has had to ask for a vote and has had to serve the people and you need somebody that has some experience, whose has been a hearing official. This particular person has. He served on the Industrial Commission. Somebody who has served the public. He served here in the House of Representatives and served here in this House for almost eight years. You need somebody who has a good extensive legal experience. This particular candidate does. 13 years in private practice. He served as an assistant solicitor. As I said, on the Industrial Commission. From hearing cases to trying cases to seminars that I could go down to the associations that he is a member of. This particular person, I think, commands all of the qualities and all of the experience, the temperament, the integrity, the character that we want on the Bench. Mr. President, it is my pleasure to put in nomination today the name of Mr. A. Victor Rawl."
Reps. TUCKER, HUFF, ROGERS, G. BAILEY, FELDER, HOLT, WHITE and Senators Washington, Williams and Land seconded the nomination of Mr. Rawl.
On motion of Rep. BURCH, nominations were closed.
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. Condon:
Drummond Fielding Macaulay Martschink Rose Shealy
The following named Senators voted for Mr. Rawl:
Bryan Courson Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Long Lourie Martin Matthews McConnell McGill Mitchell O'Dell Passailaigue Patterson Peeler Pope Reese Russell Saleeby Setzler Smith, J.V. Smith, N.W. Stilwell Thomas Washington Williams Wilson
On motion of Rep. HODGES, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Condon:
Barber Brown, H. Burriss Cato Cork Cromer Elliott, L. Fair Fulmer Hallman Jaskwhich Koon Martin, D. Meacham Ross Shirley Vaughn Whipper Young, A. Young, R.
The following named Representatives voted for Mr. Rawl:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Baxley Beasley Beatty Bennett Boan Brown, G. Brown, J. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Corning Derrick Elliott, D. Faber Farr Felder Foster Gentry Glover Gonzales Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McBride McCain McCraw McElveen McGinnis McKay McLeod McTeer Neilson Nettles Phillips Rama Rhoad Rogers Rudnick Scott Sharpe Sheheen Smith Snow Stoddard Sturkie Townsend Tucker Waites Waldrop Wells White Wilder Wilkes Wilkins Williams, D. Wofford Wright
Total Number of Senators voting 40
Total Number of Representatives voting 112
Grand Total 152
Necessary to a choice 77
Of which Mr. Condon received 26
Of which Mr. Rawl received 126
Whereupon, the President announced that Mr. A. Victor Rawl having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Thirteenth Circuit, Seat 3.
Rep. HENDRICKS withdrew Ernest Hamilton as a candidate.
Rep. WILKINS nominated Larry Patterson as follows:
"Mr. President, ladies and gentlemen of the Joint Assembly... It is my distinct privilege and honor to stand before you today and nominate Judge Larry R. 'Choppy' Patterson for the new circuit court judgeship in the 13th Judicial Circuit. I have known, admired and respected Judge Patterson for many years. In fact, I think I first learned of him when I was at Greenville High and he was a standout player at Clemson University. 'Choppy' graduated from Clemson University and then the University of South Carolina Law School in 1966. Then he served his country in the United States Army for two years. He then came back to Greenville and practiced law for 11 years and in 1980, he was elected to a family court judgeship in the 13th Judicial Circuit. Judge Patterson has admirably served our circuit and certainly our State as a family court judge for the past ten years. He has been an administrative judge in the 13th, 9th and 6th circuits. He is also served and held court on many occasions as a special circuit court judge. Being a family court judge, Judge Patterson has been faced with many difficult decisions every day, but I know he faces these decisions with a great deal of professionalism, integrity and always tries to do what is right and fair. I can tell you that he is one of the hardest working judges we have in South Carolina. He is always willing to work late and work through his lunch hour to finish his cases. Judge Patterson has not been able to be with us for the past few weeks. He has been in the United States Army Reserves since 1963. He is a colonel with the 360th Civil Affairs Brigade. Two days after Christmas his unit was called to active duty. He spent a few days at Fort Bragg and for the past several weeks he has been in Saudi Arabia. The last information that we had, last Friday from Judge Patterson, was that he was attached to the 82nd Airborne. He was in Tehran and they were packing up and moving to the desert. Our own Jim Harrison is a member of his brigade and serves under 'Choppy' and I know we want to all wish Judge Patterson and Jim Harrison and all the other men and women in the Persian Gulf area a safe and speedy return. Judge Patterson's wife, Susan, and his secretary for many years, Debbie, are here with us today representing Judge Patterson, in the balcony. We are certainly glad to have them here with us today. Again, it is a real pleasure for me to stand before you today and place in nomination the name of Judge Larry R. 'Choppy' Patterson for the newly created judgeship for the 13th Judicial Circuit. Thank you."
Rep. McGINNIS, Senator Stilwell, Rep. MATTOS, Rep. FELDER, Rep. CLYBORNE, Rep. PHILLIPS, Rep. McKAY, Rep. HARWELL, Rep. CATO, Rep. BAKER, Senator Giese, Rep. WILDER, Rep. SNOW, Rep. KOON, Senator Williams and Senator Drummond seconded the nomination of Mr. Patterson.
Senator Mitchell nominated Willie T. Smith as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly, ladies and gentlemen... I have the pleasure of placing in nomination a longtime friend of mine and longtime resident of Greenville County. I speak of the Honorable Willie T. Smith, Jr., a native of Columbia and a resident of Greenville County since 1954. Judge Smith is married to the former Anna Clark of Greenville and they have one son, who is a newspaper columnist for the Greenville News Piedmont Organization. He is a graduate of Johnson C. Smith University and the College of Law, formerly at South Carolina State College. Judge Smith served this nation in World War II and also in the Korean Conflict. He has been active in the practice of law since 1954 when he moved to Greenville and has had substantial experience in both the private and public sector of the law. Since 1977, Judge Smith has served this State as family court judge for the 13th Judicial Circuit. Having served on numerous occasions as special circuit judge. Judge Smith has been recognized for his long affiliation with the community, both Greenville and this State, and has been recognized numerous times including receiving the Order of the Palmetto in 1986. He serves as elder of the Matun Presbyterian Church and as past moderator of the Foothills Presbyterian. I know of no other person who has prepared himself to assume this responsible role than Judge Willie T. Smith, Jr., a man who has served his community and his State for so many years, 37 years in the practice of law. He is very able. He is very capable and certainly very qualified to assume the role of circuit judge and therefore, I have the privilege and high honor of placing this distinguished juris before you to be circuit judge, the Honorable Willie T. Smith, Jr., native of Columbia and resident of Greenville County."
Rep. MANLY, Senator Fielding, Rep. GLOVER, Rep. J. BROWN, Rep. SCOTT and Senator Bryan seconded the nomination of Mr. Smith.
On motion of Rep. HASKINS, nominations were closed.
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. Patterson:
Courson Drummond Giese Hayes Helmly Hinds Hinson Holland Land Leatherman Long Lourie Martin Martschink McConnell McGill Peeler Pope Reese Rose Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Williams Wilson
The following named Senators voted for Mr. Smith:
Bryan Fielding Gilbert Macaulay Matthews Mitchell O'Dell Passailaigue Patterson Washington
On motion of Rep. HODGES, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Patterson:
Alexander, T.C. Altman Bailey, G. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch Burriss Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McCain McElveen McGinnis McKay McLeod Meacham Nettles Phillips Quinn Rama Rogers Ross Rudnick Sharpe Sheheen Smith Snow Stoddard Townsend Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
The following named Representatives voted for Mr. Smith:
Alexander, M.O. Bailey, K. Beatty Brown, J. Carnell Faber Glover Harvin Holt Kempe Keyserling Manly Martin, D. McBride McCraw McTeer Neilson Rhoad Scott Shirley Waites Whipper White Wilkes Williams, D.
Total Number of Senators voting 40
Total Number of Representatives voting 111
Grand Total 151
Necessary to a choice 76
Of which Mr. Patterson received 116
Of which Mr. Smith received 35
Whereupon, the President announced that Mr. Larry Patterson, having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, At-Large Circuit, Seat 8.
Senator Fielding withdrew Wheeler Tillman as a candidate.
Senator Pope, on behalf of the Joint Screening Committee, nominated Paul Short, Jr.
Reps. BOAN, SHEHEEN, McELVEEN, J.W. JOHNSON, BURCH, HUFF, J. HARRIS, M.O. ALEXANDER, T.C. ALEXANDER, ALTMAN, G. BAILEY, J. BAILEY, K. BAILEY, BAKER, BARBER, BAXLEY, BEASLEY, BEATTY, BENNETT, G. BROWN, H. BROWN, J. BROWN, BRUCE, BURRISS, CARNELL, CATO, CHAMBLEE, CLYBORNE, COLE, COOPER, CORK, CORNING, CROMER, DERRICK, D. ELLIOTT, L. ELLIOTT, FABER, FAIR, FARR, FELDER, FOSTER, FULMER, GENTRY, GLOVER, GONZALES, GREGORY, HALLMAN, P. HARRIS, HARVIN, HARWELL, HASKINS, HAYES, HENDRICKS, HODGES, HOLT, HOUCK, JASKWHICH, J.C. JOHNSON, KEEGAN, KEESLEY, KEMPE, KEYSERLING, KINON, KIRSH, KOON, LANFORD, LITTLEJOHN, MANLY, MARCHBANKS, D. MARTIN, L. MARTIN, M. MARTIN, MATTOS, McABEE, McBRIDE, McCAIN, McCRAW, McGINNIS, McKAY, McLEOD, McTEER, MEACHAM, NEILSON, NETTLES, PHILLIPS, QUINN, RAMA, RHOAD, ROGERS, ROSS, RUDNICK, SCOTT, SHARPE, SHIRLEY, SHORT, SMITH, SNOW, STODDARD, STURKIE, TOWNSEND, TUCKER, WAITES, WALDROP, WELLS, WHIPPER, WHITE, WILDER, WILKES, WILKINS, D. WILLIAMS, J. WILLIAMS, WOFFORD, WRIGHT, A. YOUNG and R. YOUNG and Senator Hinson, Senator Hayes, on behalf of the York Delegation; Senator Martin, on behalf of the Fairfield Delegation; and Senator Williams, on behalf of the Orangeburg Delegation, seconded the nomination of Mr. Short.
On motion of Senator Pope, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the elelction of the nominee.
Whereupon, the PRESIDENT announced Mr. Paul Short, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, At--Large Circuit, Seat 9.
Senator Martschink withdrew Vinton D. Lide as a candidate.
Rep. KEYSERLING withdrew George O'Kelley as a candidate.
Rep. HAYES nominated Levy (Lee) Alford as follows:
"Thank you Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly... It is my pleasure to place in nomination the name of Lee S. Alford for circuit court judge. This is my first time that I have had this honor to place in nomination a name for this high office. I can tell you that I will be hard pressed to ever place a better qualified individual forward to be elected as circuit judge. Judge Alford is a Rock Hill native. He graduated from Clemson University and the University of South Carolina School of Law. He is a veteran, having served in the Air Force on active duty for four years. He practiced law for eight years before being elected as probate judge in 1979. In his practice of law, he handled numerous cases, civil, criminal and domestic. Since being elected probate judge, he has served with distinction. He has presided over numerous contested cases. He is past president of the Probate Judges Association and he has played a major role in alot of the improvement that we have seen in the probate system in this State. Lee Alford is the type of individual that we need to be circuit judge in South Carolina. He has the judicial temperament, the experience and the integrity that is needed. I am proud and honored to put forth the name of a close friend, but more importantly, a well qualified and a great South Carolinian, Lee Alford. Thank you."
Senator Hayes, on behalf of the York Delegation seconded the nomination of Mr. Alford.
Senator Lourie nominated Henry McKellar as follows:
"Mr. President, Mr. Speaker, members of the distinguished Joint Assembly... There is so much in the newspaper these days, but I just want to say to Judge Alford and Mr. McKellar, that I think that this General Assembly is fortunate to have two men of your quality to offer to this position because you ar both outstanding men. But, it is my pleasure to nominate Henry McKellar, who is an outstanding member of the Richland County Bar. Mr. McKellar grew up in Ridgeland. His father was a lawyer and he graduated from the University of South Carolina, an undergraduate degree in 1967 with a B.A. in history, law school in 1974. He served his country on active duty in the United States Navy from 1968 to 1972 and served in Vietnam. He is a member of the Naval C.B. and the Naval Advisory Group in Saigon. He was in private practice here in Columbia with the firm of Holler, Gregory and McKellar from November 1974 to February 1978. He has been working since 1978 with the South Carolina National Bank handling their trial appellate work. He has extensive trial appellate experience representing the bank throughout the State of South Carolina in both state and federal courts. I have been particularly impressed with his speeches at the South Carolina Bar Conventions and continuing legal education seminars throughout the year. He has an outstanding background of community service. He has served as Mayor of the town of Arcadia Lakes. He is married to Jan McKellar and was born in 1945. On behalf of my friends on the Richland County Delegation, an overwhelming majority of them, I am proud to place in nomination the distinguished member of our Bar and who I think would be a distinguished juris, Mr. Henry McKellar. Thank you."
Rep. BURRISS, Rep. ROGERS, Rep. HUFF, Rep. CROMER, Rep. P. HARRIS, Rep. TUCKER, Rep. WILDER, Rep. McLEOD, Rep. WILKES, Rep. BEASLEY, Rep. KEEGAN, Rep. SCOTT, Senator Patterson, Rep. R. YOUNG, Rep. FELDER, Rep. RAMA, Rep. J. BAILEY, Senator Courson, Rep. FULMER, Senator Giese, Senator Shealy, Rep. VAUGHN, Rep. CORK and Rep. HALLMAN seconded the nomination of Mr. McKellar.
On motion of Rep. HAYES, nominations were closed.
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. Alford:
Bryan Fielding Gilbert Hayes Helmly Hinds Hinson Leatherman Long Macaulay Martin Matthews O'Dell Peeler Russell Smith, J.V. Smith, N.W. Stilwell Thomas Wilson
The following named Senators voted for Mr. McKellar:
Courson Drummond Giese Land Lourie Martschink McConnell McGill Mitchell Passailaigue Patterson Pope Rose Saleeby Setzler Shealy Washington Williams
On motion of Rep. HODGES, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Alford:
Alexander, M.O. Alexander, T.C. Altman Bennett Boan Brown, H. Bruce Burch Clyborne Cole Fair Foster Haskins Hayes Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kirsh Martin, D. McCain McCraw McElveen McGinnis McTeer Meacham Nettles Phillips Quinn Ross Stoddard Sturkie Waites Wells Whipper Wilkins Williams, D.
The following named Representatives voted for Mr. McKellar:
Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Beatty Brown, G. Brown, J. Burriss Carnell Cato Chamblee Cooper Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Faber Farr Felder Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harvin Harwell Hendricks Holt Houck Huff Keegan Kinon Koon Lanford Manly Marchbanks Martin, L. Martin, M. Mattos McBride McKay McLeod Neilson Rama Rhoad Rogers Rudnick Scott Sharpe Sheheen Shirley Smith Snow Townsend Tucker Vaughn Waldrop White Wilder Wilkes Wofford Wright Young, A. Young, R.
Total Number of Senators voting 38
Total Number of Representatives voting 112
Grand Total 150
Necessary to a choice 76
Of which Mr. Alford received 60
Of which Mr. McKellar received 90
Whereupon, the President announced that Mr. Henry McKellar having received a majority of the votes cast was duly elected 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 1:08 P.M. the House resumed, the SPEAKER in the Chair.
Rep. ROGERS moved that the House do now adjourn, which was adopted.
At 1:10 P.M. the House in accordance with the motion of Rep. ROGERS adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on Tuesday, June 30, 2009 at 8:52 A.M.