Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father and our Judge, show us what we ought to do:
Cause us to look backward to see again in gratitude the wisdom of our founding father.
Cause us to look around and see the needs of our day.
Cause us to look inward to examine our own selves.
Cause us to look upward to seek Your will.
And then and always use us to move forward Your reign and rule on earth.
We pray earnestly to Him Who is the Lord of our lives. 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 Thursday, March 10, the SPEAKER ordered it confirmed.
Rep. J. BAILEY moved that when the House adjourns, it adjourn in memory of Morris D. Finkelstein, which was agreed to.
March 14, 1994
Honorable Sandra McKinney
Clerk
House of Representatives
State House
Columbia, South Carolina
Dear Mrs. McKinney:
Please find attached a copy of the initial report of the Joint Legislative Committee to Study Criminal Laws as required by Section 2-25-10. Senator Holland requests that the report be printed in the House Journal.
Please let me know if you have any questions or if I may be of assistance in any way. I am
Very truly yours,
Angelia S. Tutko
March 15, 1994
Dear Legislative Members:
The Joint Legislative Committee to Study Criminal Laws was created by Act 184 of 1993. As required by the act, the following is the initial report of the committee.
The sixteen-member committee met and organized on November 18, 1993, and elected Senator Donald H. Holland as Chairman and Representative L. Morgan Martin as Vice Chairman.
The General Assembly has charged the committee with making "a continuous study and investigation of all facets of the laws relating to crime and punishment including, but not limited to, the study of revisions to this state's criminal code and the review of problems and concerns with the criminal justice system, so as to recommend appropriate statutory or regulatory modifications."
The committee has met and discussed general problems and concerns relating to all aspects of the criminal justice system in this State. The committee has heard testimony from various persons relating to prosecution of offenders, sentencing guidelines, classification act amendments, and juvenile crime. The committee intends to hear from other groups involved in the criminal justice system in the future.
This report contains the initial findings and recommendations of the committee.
INITIAL FINDINGS:
The committee finds that crime in South Carolina is a complex problem and is a major concern of the citizens of this State. It is the goal and purpose of this committee to carefully study all legislation which involves and impacts criminal laws.
The committee finds that while particular attention should be given to the impact of juvenile offenders and violent offenders on our State and criminal justice system, efforts must be concentrated on all areas of criminal law, including domestic violence, prison overcrowding, and sentencing laws.
The committee finds that crime has a major impact on all aspects of our society today. It impacts our state's economy, civil court system, family lives, and society as a whole.
The committee finds that it must study the criminal rather than just the crimes committed.
INITIAL RECOMMENDATIONS:
The committee recommends that the "clean-up" legislation to the Crime Classification Act of 1993 be enacted. At the time of this report, several House bills, including H. 4323, H. 4350, H. 4356, H. 4358, H. 4359, H. 4365, and H. 4512, are pending which would accomplish this. Also, there is a Senate Judiciary Committee Bill, S. 1157, pending which encompasses all of the suggested revisions in one bill.
The committee recommends funding for staff in that it believes funding is crucial to the effectiveness of the committee. Act 184 of 1993, which created this committee, allows the committee to "employ the staff authorized by the General Assembly in the State General Appropriations Act for expenses of the committee." Currently, the committee has no funding for staff or expenses. Without funding and staff, issues cannot be effectively researched or studied and the committee will be unable to meet its mandate from the General Assembly to study all facets of the laws relating to crime and punishment and to review problems and concerns with the criminal justice system.
The committee recommends that funding be made available for a temporary, part-time clerical position to assist in the administration of committee functions and responsibilities. Also, the committee recommends that funding be made available to employ an attorney for the committee. An attorney is necessary to research the myriad of constitutional and other issues involved in the study of criminal law. The committee needs an attorney to advise the committee on criminal law, to draft proposed legislation, to track trends in the criminal justice system in the various states as well as nationally and to research these trends, and to generally be available to assist the committee in its work.
Also, the committee notes that the Sentencing Guidelines Commission will no longer exist as of July 1, 1994. The committee has drawn upon the resources of the commission, and believes that when the commission ceases to exist, there will be an even greater need to have an attorney available to study the various facets of the criminal justice system.
In closing, the committee looks forward to working with each of you as we continue to study all areas of criminal law and the criminal justice system.
Sincerely,
Donald H. Holland
L. Morgan Martin
Representative Donald W. Beatty
Senator C. Tyrone Courtney
Mark R. Elam, Esquire
Senator Maggie W. Glover
Senator Donald H. Holland
Solicitor John R. Justice
Senator John C. Land, III
Honorable Jamie F. Lee
Honorable L. Henry McKellar
Representative L. Morgan Martin
Senator Lawrence E. Richter, Jr.
Representative Timothy F. Rogers
Jeffrey N. Thordahl, Esquire
Representative Dave C. Waldrop, Jr.
Honorable David H. Wilkins
Gwen Young-Smalls, Assistant Deputy
On motion of Rep. MARTIN, the report was ordered printed in the Journal.
The following were received and referred to the appropriate committees for consideration.
Document No. 1742
Promulgated By Board of Education
Graduation Requirements (Amended)
Received By Speaker March 11, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 15, 1995
Document No. 1741
Promulgated By Board of Education
Criteria for Promotion of Students to the Next Higher Grade (Amended)
Received By Speaker March 11, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 15, 1995
Document No. 1750
Promulgated By Board of Nursing
Examination and re-examination
Received By Speaker March 11, 1994
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 15, 1995
The following was received.
Document No. 1699
Promulgated By Board of Registration for Professional Engineers & Land Surveyors
Registration of TAC/ABET Four-year engineering technology graduates thus establishing a two-tier category registration designation.
Received By Speaker January 18, 1994
Referred to House Committee on Labor, Commerce and Industry
Resubmitted March 14, 1994 (No Change)
Revised Expiration Date January 22, 1995
Received as information.
The Senate returned to the House with amendments the following:
H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 4906 -- Reps. Baxley, Neilson and Hines: A HOUSE RESOLUTION TO RECOGNIZE REVEREND AND MRS. MILTON G. FRAZIER OF DARLINGTON COUNTY FOR THEIR THIRTY-SIX YEARS OF TIRELESS MINISTRY, DEDICATION, AND SERVICE TO EMMANUEL BAPTIST CHURCH AND DARLINGTON COUNTY; TO COMMEND REVEREND FRAZIER FOR THE HONOR OF PASTOR EMERITUS BESTOWED UPON HIM BY HIS CONGREGATION; AND TO WISH THE FRAZIER FAMILY WELL AS THEY LEAVE THEIR DUTIES AS PASTOR AND FIRST LADY OF EMMANUEL BAPTIST CHURCH.
The Resolution was adopted.
The following was introduced:
H. 4907 -- Reps. Neal, Rogers, J. Brown, Corning, Waites, Byrd, Cromer and Shissias: A CONCURRENT RESOLUTION TO RECOGNIZE WILLIAM "BILL" CHAVIS OF GADSDEN FOR HIS OUTSTANDING ACHIEVEMENTS DURING HIS FORTY-ONE YEARS OF LAW ENFORCEMENT SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4908 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE MS. LOUISE RODGERS RAVENEL UPON HER RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., AND TO THANK HER FOR HER TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA'S VERY SPECIAL CITIZENS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4909 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4945 SO AS TO PROVIDE FOR FULL REAR BUMPERS ON VEHICLES WHICH TRANSPORT MOTOR VEHICLES.
Referred to Committee on Education and Public Works.
H. 4910 -- Rep. Cromer: A BILL TO REPEAL ARTICLE 13, CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE USE TAX.
Referred to Committee on Ways and Means.
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Referred to Committee on Ways and Means.
H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.
Referred to Committee on Rules.
H. 4913 -- Rep. Govan: A BILL TO PROVIDE THAT THE GOVERNMENTAL ENTITY RESPONSIBLE FOR MAINTENANCE OF PUBLIC PROPERTY WHERE AN ACCIDENT OR CRIME OCCURRED SHALL DISINFECT AND DISPOSE OF BLOOD, BODY FLUIDS, OR BODY TISSUE LEFT FROM THE ACCIDENT OR CRIME.
Referred to Committee on Judiciary.
H. 4914 -- Rep. Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-230 SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY INVESTIGATING THE SCENE OF AN ACCIDENT OR CRIME TO NOTIFY OWNERS OR OCCUPANTS OF PROPERTY WHEN BLOOD, BODY FLUIDS, OR BODY TISSUE ARE LEFT ON THE PROPERTY AND THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE CONTACTED FOR INFORMATION ON PROPER DISINFECTING AND DISPOSAL; AND TO PROVIDE IMMUNITY FROM LIABILITY UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 4915 -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-80 SO AS TO PROHIBIT THE OPERATION OF A MOTOR VEHICLE IF THE OPERATOR IS WEARING A CERVICAL COLLAR AND PROVIDE PENALTIES.
Referred to Committee on Education and Public Works.
S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.
Referred to Committee on Judiciary.
S. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.
Referred to Anderson Delegation.
The following was introduced:
H. 4916 -- Reps. Jaskwhich and Phillips: A HOUSE RESOLUTION CELEBRATING TWENTY-FIVE YEARS OF PUBLIC KINDERGARTEN IN THE STATE OF SOUTH CAROLINA AND URGING ALL MEMBERS OF THE HOUSE OF REPRESENTATIVES TO ATTEND THE PUBLIC CEREMONIES COMMEMORATING THIS SIGNIFICANT EVENT AT 1:00 P.M. ON WEDNESDAY, MARCH 23, 1994, IN THE STATE HOUSE LOBBY.
Whereas, a quarter century ago South Carolina's leaders in government and education took the historically bold and significant step of establishing public kindergarten in this State; and
Whereas, public kindergarten in the Palmetto State has enabled South Carolina's youngsters to get the foundation in early education that is necessary for the first grade and that has helped them keep pace on a national level; and
Whereas, public kindergarten has truly had beneficial results for the school children of South Carolina and has opened many doors educationally to a brighter and more rewarding future; and
Whereas, at 1:00 P.M. on Wednesday, March 23, 1994, the twenty-fifth anniversary of public kindergarten in the State of South Carolina will be appropriately commemorated and celebrated in ceremonies in the State House lobby; and
Whereas, all members of the House of Representatives will have the opportunity to show their support for public kindergarten and their commitment to excellence in public education by attending this important event. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, celebrates twenty-five years of public kindergarten in the State of South Carolina and urges all members of the House of Representatives to attend the public ceremonies commemorating this significant event at 1:00 P.M. on Wednesday, March 23, 1994, in the State House lobby.
The Resolution was adopted.
The following was introduced:
H. 4917 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT PURSUANT TO THE RULES OF THE HOUSE OF REPRESENTATIVES, BILL SAMS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION AT A TIME TO BE DETERMINED BY THE LIEUTENANT GOVERNOR FOR THE PURPOSES OF BEING PRESENTED THIS RESOLUTION AND BEING RECOGNIZED FOR HIS OUTSTANDING SERVICE AS DIRECTOR OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Breeland Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, March 15.
B. Hicks Harwell William S. Houck, Jr. Roger M. Young Harold G. Worley Morgan Martin Lindsey O. Graham Grady A. Brown Donald W. "Don" Beatty
DOCTOR OF THE DAY
Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.
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 Concurrent Resolutions adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1241 -- Senators Richter, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MISS FRANCES LOUISE PARKER OF CHARLESTON UPON BEING CHOSEN MISS USA 1994 AND TO EXTEND AN INVITATION TO MISS PARKER TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:15 P.M. ON TUESDAY, MARCH 15, 1994.
Miss USA, Frances Louise Parker, and distinguished party were escorted to the rostrum by Senators Richter, Matthews, Cork and Washington and Representatives McTEER, WHITE, A. YOUNG and HARRELL.
Senator Richter presented Miss USA with a framed copy of the resolution.
Lt. Governor Theodore introduced Miss USA, Lou Parker, who addressed the Joint Assembly as follows:
"Thank you very much, thanks Lt. Governor Theodore...I didn't realize that they were going to be wearing my favorite color, purple. It seems like everyone in the State House has purple on, so I am very impressed and very happy that you wore my favorite color today without even knowing it. I am so glad to be here, especially to be able to speak to such a distinguished group of men and women. I'm also proud to be speaking on the birthday of Andrew Jackson, seventh President of the United States which I thought was very interesting and I am very proud to be here in the State of South Carolina. I think I am a product of this State. I was speaking with my father on the way up here this morning. I think it is very interesting when I think back on everything that I have done and the by product of myself from this State. I was born in Anderson, which I frequently visit because my boyfriend's home is in Anderson and his wonderful parents, Dr. B. C. McConnell. Then, my father was born in York and attended Wofford. My stepfather was born in Estill, South Carolina and still resides there and attended Clemson. Can't say much there. Just kidding. I am a big Gamecock fan. My mother is probably the biggest fanatical Gamecock fan that Columbia has, so be proud of that. My brother is very interested in attending law school at Carolina so he is very interested in the Columbia area. It is just overall, when I think of my family, my friends, my education, I reflect back on South Carolina. It is very overwhelming and very warm. I teach in the public school systems in South Carolina and I attended the public school systems and grew up in Charleston and in Estill, South Carolina. So, I am very proud to be here once again. I come today to you to, not only as Miss USA and not only as the Executive Director of a non-profit organization entitled H.A.T.S., but as an educator who is very concerned with our teens, not only in South Carolina, not only in America, but all over the world. As a ninth grade English teacher, I see pains. I see so many teens that are trying to get somewhere in life. They are really, truly, willing to work hard but yet they are not given the chance because they are not taught self esteem and self values. They are lost. They are willing, but they need somebody like you as parents, as lawmakers, as educators to allow them to have programs and allow them to have an educational system in America to make something of themselves. There are two things today that I want to talk to you about, violence and self esteem. I think that what is happening in the school system today is indicative of what is happening in our society. So many teens are lost in the fact that they are not given the chance to excel so they turn to violence. When I was a high school senior or junior, I never thought about going to school and being worried about being shot or being raped. It is just very hard for me to look at these beautiful teens and worry about them waking up every morning and of course, you are parents, you have teens that go to school or elementary students that go to school and you worry about their peers bringing a gun to school. That is just very, very scary and we, as educators and as lawmakers have got to really put our minds together and come up with some programs to really support the educational system here in America. You have got this wonderful room and wonderful brains to sit down and say that there is so much that we can do for these teens and there are so many programs that we can begin. I was fortunate enough to begin a program titled H.A.T.S., which is a peer counseling group where the teens come together and work together to educate one another on aids, on pregnancy, on violence with advice from an advisor but they are the ones who are making these decisions. I am not the only one out there who has done that, though. There are hundreds of educators in this State and across America who give overtime to help those teens. They come to school everyday working diligently from here, from the heart, to really make a difference to those teens. So, when you are in here and you are having to cut programs and having to say that this needs to go and that needs to go for this reason, remember that when you cut that program because of funds, you are cutting their lifeline to survival. Just remember that and it maybe your child who is five years old or your grandchild that is five years old and won't have the opportunity to have a program such as that when they get old enough. I would like to end with a quote from President Sanders from the College of Charleston who spoke at a graduation in December that I was able to attend because my roommate graduated in December and he said, 'The future is not an achievement, but it is something that must be earned,' and I totally agree with him. I ask for you to take your knowledge and your future, and your past and come together to open those doors for those teens so that they can survive and maybe one day a few of them can sit in the chairs that you are sitting in today. Thank you for the warm welcome and I hope I get to meet individually with all of you, if not, maybe one day in the future, and as they say in L.A., my new home, let's do lunch!"
Upon the conclusion of her address, Miss USA and her escort party retired from the Chamber.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX TUESDAY, MARCH 15, 1994, AT 12:30 P.M., AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.
The President recognized Senator Holland, Chairman of the Committee to Review Candidates for the Public Service Commission.
The President announced that nominations were in order for a Public Service Commission member for the First Congressional District.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Ms. Anne M. Bowen, Ms. Mignon Letitia Clyburn, Mr. Eugene Novgorodoff, Mr. William Saunders, Mr. Charles E. Schuster, Mr. Hubert Tyler, Mr. Flemister Lamarr Wiley and Mr. Richard Ganaway.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidate had been screened and found not qualified:
Mr. Furman M. Reynolds, III.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had withdrawn: Ms. Mignon Letitia Clyburn and Mr. Charles E. Schuster.
Senator Washington nominated Mr. William Saunders as follows:
"Mr. President, Mr. Speaker, members of the Senate and members of the House, ladies and gentlemen...It is always an honor to come and stand at this podium particularly when you have an opportunity to make a nomination for an individual for such important positions in this State. I have been here several times, but this morning it is really a tremendous honor to place in nomination an individual for First District for the Public Service Commission a person who has really paid his dues. We have heard about individuals pulling themselves up by the boot straps. We heard alot about this during the Clarence Thomas confirmation, but ladies and gentlemen, I am here this morning to tell you that the individual that I am going to nominate in many cases didn't even have the boot straps but because of determination, commitment and dedication, he has been able to do some things that many of us would think impossible. Mr. William Bill Saunders, a Johns Island native, is president and general manager of WPAL-AM, Inc. Mr. Saunders is founder and executive director of the Committee on Better Racial Assurance (COBRA), a private, non-profit human service agency which serves the community in various ways, including sickle cell testing, education, counseling and referral. Mr. Saunders is also an active member of Wesley United Methodist Church where he serves as Sunday School Superintendent and Lay Speaker. He is married to Henrietta J. Saunders and they have raised ten children and everyone of those children have gone to further their education and they are professionals from school teachers, engineers, vice-presidents of banks and many other fields. He is a manager. If he can manage that size of family and encourage his children to achieve the kind of things they have achieved, he has done wonders. His education includes Business Management Training from the Southeastern Business College in Charleston, South Carolina, Seminars for Southern Executives at the Blue Ridge Institute in Black Mountain, North Carolina, Vocational Education from Southern Illinois University, Medical Ethics Course, College of Charleston, Annual Sickle Cell Workshop, Department of Health, Education & Welfare. He is the author of several publications and articles including: 'Sea Island Roots', Social Policy, Ain't You Got A Right To the Tree of Life, 'One of These Days' and Editor of 'Low Country Newsletter.' Mr. Saunders has been a guest lecturer at the Baptist College of Charleston, the Tampa Area Alcohol & Drug Abuse Program in Tampa, Florida, the College of Charleston, Howard University and Atlanta University. He has served as vice-president and president of the Charleston County Democratic Party, the first black to serve and was a Democratic candidate for the South Carolina Senate in 1980. Mr. Saunders is the 17th Inductee to the South Carolina Broadcaster's Hall of Fame and a Member of the Black Hall of Fame. He has also received the following recognition and awards, Outstanding Service in the Areas of Arts presented by the Charleston Chapter of Links, Public Service Award from the Arabian Temple #139, Outstanding Service Award from Delta Sigma Theta Inc., Outstanding Service Award from the North Charleston Branch of NAACP, Congressional Records from the Proceedings & Debates of the 100th Congress, 'Malcolm D. Haven Community Service Award,' 'Community Leadership Award' from Shaw University Without Walls, 'Outstanding Leadership Award', Charleston County Substance Abuse Commission, 'Citizen of the Year' from the Omega Psi Phi Fraternity, Inc., 'Certificate of Recognition' for Outstanding Contributions in the Field of Community and Public Affairs from the South Carolina Legislature, House of Representatives. He has served on the following boards, National Association of Broadcasters, Daytime Broadcasters Committee, Radio 87 Steering Committee, National Association of Broadcasters, Private Industry Council, Trident Chamber of Commerce, President of South Carolina Broadcasters Association, Charleston Area Community Relations Committee, Citadel Advisory Board to the Dean of Graduate Studies, Charleston Trident Chamber of Commerce Governmental Steering Committee, Trident Community Foundation, South Carolina State Human Affairs Commission and many others. Ladies and gentlemen, I could stand here all day and tell you about some of the achievements of this man, but I believe that if you really want to nominate and elect somebody who would be involved in the community, somebody who has been committed to the kind of ideals that and principles that we are about. Many years ago when we had the hospital strike in Charleston, it was Bill Saunders who was practically responsible for the calmness and the lack of bloodshed. He has been a bridge between the racists in this State. He has lifted people up that can't lift themselves up to make a difference in this State. I don't need to talk about the qualifications of other candidates, but I want to say to you this morning that if you are serious about the business of electing a qualified, committed, dedicated individual to serve in this position, then I know you will join me and many others in voting for William Bill Saunders for the First District. I urge you and encourage you and ask you to vote for Mr. Saunders. Thank you."
Senator Cork nominated Anne M. Bowen as follows:
"Mr. Speaker, honorable members of the House and Senate...I rise before you to place in nomination, Ms. Anne Bowen for the First Congressional District Seat of the Public Service Commission. Ladies and gentlemen, I feel very strongly that Anne Bowen is the best candidate for this position and I beck your indulgence as I try to explain why. Anne grew up on Hilton Head Island as I did and we went to the same school. She is going to kill me for telling you this, but she is a little bit older than I am, so I have to admit that I didn't know her that well growing up. She was one of the big kids and I was one of the little kids and we were terrified to speak to the big kids. But, in our adult life I have come to know Anne very well and I admire her a great deal. I got to know her several years ago when she served in the same class as my mother in Leadership Hilton Head. The class project that the group adopted that year was to heighten water conservation awareness on Hilton Head Island and I know that Anne was very involved and dedicated in that effort. When some months later, I was looking for a prospective commissioner to recommend for gubernatorial appointment for a local water and sewer district, Anne immediately came to mind. Anne is a successful, self-employed, certified financial planner and I knew that she had the strong business background and expertise to be a good utility commissioner. I considered her profession and ask that certainly, but I also knew she had the flexibility in her work schedule to accommodate the time necessary to do the job well. She has been a vital part of that Commission since her appointment elected by her peers to leadership positions on both her own commission as well as that of the town of Hilton Head. I am very proud of the outstanding work Anne has done for both the public and as well to be able to take credit for a little bit of it myself. Anne called me several months ago when she read an announcement in the newspaper on Hilton Head about the Public Service Commission elections and she asked me to help her find out more about it. To tell you the truth, I think she had already decided to go for it when she called. She didn't know that much about the process or what it entailed and she asked for me to inquire on her behalf to get more information. I tell you this because I want you to realize what a dedicated public servant Anne is. She had no idea what it meant to run for a Public Service Commission seat or how difficult it is to win, nor did she have any idea what the salary is, but she didn't care, she strongly believed then and as she does now that she has alot to offer the State of South Carolina and its people. She wants to make that contribution because she knows that as a commissioner, she is well prepared and able to meet the challenges ahead especially as we approach the technological advancement of the 21st century. Anne Bowen is a candidate with a strong sense of what is right and fair. I have no doubt that as a commissioner she will be a strong advocate for the public's best interests. Her financial expertise and her background make her an outstanding candidate. I appreciate the time each of you have spent getting to know Anne and hearing about her qualifications and I hope that now you will see your way clear to elect the best candidate for the First Congressional Seat on the Public Service Commission and that person is Anne Bowen."
On motion of Senator Holland, 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 Ms. Bowen:
Cork Courson Courtney Giese Gregory Hayes Leventis Martin Mescher Peeler Richter Russell Ryberg Stilwell Thomas Wilson
The following named Senators voted for Mr. Ganaway:
McConnell Rose
The following named Senators voted for Mr. Novgorodoff:
The following named Senators voted for Mr. Saunders:
Bryan Drummond Elliott Ford Glover Holland Jackson Land Lander Leatherman Macaulay Matthews McGill Mitchell Moore O'Dell Passailaigue Patterson Rankin Reese Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington Williams
The following named Senators voted for Mr. Tyler:
The following named Senators voted for Mr. Wiley:
On motion of Rep. CARNELL, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Ms. Bowen:
Baker Brown, H. Clyborne Cooper Cromer Davenport Farr Fulmer Gamble Gonzales Hallman Harrell Harrison Haskins Hutson Jaskwhich Keegan Kelley Keyserling Klauber McCraw Meacham Neilson Phillips Quinn Richardson Riser Robinson Shissias Simrill Stone Thomas Townsend Trotter Tucker Waites Waldrop Walker Witherspoon Wofford Worley Wright Young, A.
The following named Representatives voted for Mr. Ganaway:
Barber
The following named Representatives voted for Mr. Novgorodoff:
Stille Young, R.
The following named Representatives voted for Mr. Saunders:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Corning Delleney Elliott Fair Govan Harris, J. Harris, P. Harvin Harwell Hines Hodges Holt Houck Inabinett Jennings Kennedy Kinon Kirsh Lanford Law Littlejohn Marchbanks Mattos McAbee McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Rhoad Rudnick Scott Sharpe Smith, R. Snow Spearman Stoddard Stuart Vaughn Whipper White Wilder, D. Wilder, J. Wilkes Williams
The following named Representatives voted for Mr. Tyler:
The following named Representatives voted for Mr. Wiley:
Total number of Senators voting 46
Total number of Representatives voting 109
Grand Total 155
Necessary to a choice 78
Of which Ms. Bowen received 59
Of which Mr. Ganaway received 3
Of which Mr. Novgorodoff received 2
Of which Mr. Saunders received 91
Of which Mr. Tyler received 0
Of which Mr. Wiley received 0
Whereupon, the President announced that Mr. William Saunders 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 Public Service Commission member for the Second Congressional District.
Rep. WRIGHT made the following remarks:
"Mr. President, Ladies and gentlemen of the Joint Assembly...Thank you very much for allowing me to be heard. I have addressed a Joint Assembly one other time in my career and for a friend of mine, Gerald Beckam and myself, it was a DSS experience that I will never forget. I rise to speak to you on an issue that has become a concern to me in the last week or so. Over the weekend, and even today, you have copies of articles that were placed on your desks which I also have copies of, too. These articles were published in statewide newspapers on the Public Service Commission races. The article offered documentation about lobbyists and lobbyist principals who appear before the PSC that have been campaigning for various candidates in this election. I am not here to point any fingers or to take sides. Like you, I would just like to know the facts and I think that we are entitled to know that before we vote. One of the focal points of the article related to the fact that an executive from the Pond Branch Telephone Corporation called legislators on behalf of a particular candidate running for Seat No. 2. In addition for being a candidate for Seat No. 2, this individual also happens to be staff legal advisor to the PSC commissioners. Over the weekend, it was made public that Pond Branch Telephone Corporation now has an active case before the commission. In fact, the first hearing on this case took place a couple of weeks ago. And a vote on the outcome of that hearing is still pending at a later date. Pond Branch executives are also actively lobbying for this candidate and evidently, he was the only candidate present at that hearing who is now receiving this special campaign help from Pond Branch executives. Frankly, these allegations raise serious ethical concerns. The bottom line is that we may have a public official involved in a quasi judicial proceeding accepting help from one of the utilities involved in those proceedings. If these allegations are true, and we go ahead with these elections today or this particular election for Seat No. 2, we would severely undermine the public's confidence in the General Assembly, not to mention the fact that we could possibly be electing a new commissioner that has a serious conflict of interest on a pending case. It is imperative for the Screening Committee to have an opportunity to review this information before we as legislators cast our votes for Seat No. 2. Therefore, in a moment I am going to move that we adjourn debate on the balloting for Seat No. 2 for a period of two weeks so that we may give the Screening Committee an opportunity to look into this matter and carefully decide if any ethical violations have occurred. We are here to protect the public and do the public's business. If we go through with the balloting and realize after the fact, that indeed something was amiss, then we have condoned it. If everything is kosher, the Screening Committee will find it out and we can proceed with the ballot."
Rep. WRIGHT moved to adjourn debate on the balloting for Seat No. 2 for a period of two weeks.
Senator Holland stated that the Screening Committee's job was to screen the candidates and that they had found the candidates qualified to run.
Senator Williams raised the Point of Order that the motion to adjourn debate on the balloting was out of order as the elections had already been set for this date by resolution.
Lt. Governor Theodore sustained the Point of Order.
Rep. WRIGHT moved to adjourn debate on the balloting for Seat No. 2 until the end of the balloting of the other elections.
Rep. WHITE raised the Point of Order that the motion to adjourn debate on the balloting was out of order as the elections had already been set for this date by resolution.
Lt. Governor Theodore stated that motion to adjourn debate would still leave the matter in active status and merely move it to the end and he overruled the Point of Order.
Rep. BAXLEY moved to table the motion to adjourn debate.
Rep. WRIGHT demanded the yeas and nays, which were taken resulting as follows:
Bryan Courtney Elliott Ford Giese Glover Hayes Holland Jackson Land Lander Leventis Martin Matthews McGill Mitchell Moore O'Dell Passailaigue Patterson Rankin Russell Ryberg Saleeby Short Smith, J.V. Stilwell Washington Williams
Cork Courson Gregory Leatherman Macaulay McConnell Mescher Peeler Reese Richter Rose Smith, G. Thomas Waldrep Wilson
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Baxley Boan Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Elliott Farr Felder Gamble Govan Harris, J. Harris, P. Harvin Harwell Hines Hodges Holt Houck Inabinett Jennings Kennedy Kinon Kirsh Mattos McAbee McCraw McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rudnick Scott Snow Spearman Stoddard Stuart Trotter Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, J. Baker Barber Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Delleney Fair Fulmer Gonzales Hallman Harrell Harrison Haskins Hutson Jaskwhich Keegan Kelley Keyserling Klauber Koon Lanford Law Littlejohn Marchbanks McElveen Meacham Quinn Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stone Sturkie Thomas Townsend Tucker Vaughn Waites Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the motion to adjourn debate was tabled.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Mr. Robert Buford Dibble, Sr., Mr. Carl F. McIntosh, Mr. C. Robert Moseley, Ms. Margaret B. Reese and Mr. Charles Dukes Scott.
Rep. SCOTT read the letter from Carl F. McIntosh and withdrew him as a candidate.
Rep. QUINN nominated C. Robert Mosely as follows:
"I can assure you that I am going to keep my remarks under a minute. Mr. President, ladies and gentlemen of the House and Senate...I am rising to nominate Robert Moseley for Seat No. 2 for the Public Service Commission. I do this for many reasons and I think Bob has a unique personal background that would make him a great commissioner. He has done everything from being involved in the military in an active role for seven years. He was a bank examiner for 15 years giving him a strong background in accounting and has been private business for over a decade making a payroll. I think that background will give him the needs of both the consumer and the business that is before the Public Service Commission. He has been involved in every local organization you can imagine to Woodmen of the World to the local Fire Department to Rotary Club to the Area Mental Health Board. But, more importantly, I think Bob Mosely brings something to the Commission that we need and that is someone that is not beholden to any particular interest groups. He is going to be impartial and unbiased and that is a needed person we need at the Commission. I appreciate your time and thank you very much. I urge you to vote for Bob Mosely."
Rep. G. BROWN nominated Charles Dukes Scott as follows:
"Fellow House members, ladies and gentlemen...It is indeed a tremendous pleasure and honor for me to rise today to second the nomination of C. Dukes Scott for the Public Service Commission of South Carolina Seat No. 2. Mr. Scott graduated from the finest colleges of South Carolina, having obtained a B. S. Degree from Clemson University and a Juris Doctorate with Cum Laude Honors from the University of South Carolina. A native of Orangeburg, he received an honorable discharge as Captain in the U. S. Army Reserves. A family man, he and his wife Judy, are active members of the Forest Lake Presbyterian Church in Columbia. With all respect to candidates who have filed for the Public Service Commission during its illustrious history, I must say that without a doubt, Dukes Scott is the most knowledgeable candidate in the workings of the Commission, to ever be presented. Since 1981, he has served as Staff Attorney and presently Deputy Executive Director. He has worked as liaison with the general public, motor carriers, utilities and the General Assembly. He has distinguished himself as a fair and impartial employee. It will be a great loss to our state government as Mr. Scott leaves the staff of the PSC, but what a tremendous gain we shall receive, when he sits as a commissioner of this most important regulatory board. We should be most appreciative that men of C. Dukes Scott's calibre are willing to serve the people of South Carolina. I am honored to second his nomination for election to Seat No. 2 of the South Carolina Public Service Commission."
Senator Macaulay, on behalf of the Oconee Delegation, seconded the nomination of Margaret B. Reese.
On motion of Senator Holland, 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. Dibble:
The following named Senators voted for Mr. Moseley:
Cork Courson Courtney Gregory Leatherman McConnell McGill Mescher O'Dell Patterson Russell Thomas Wilson
The following named Senators voted for Ms. Reese:
Macaulay
The following named Senators voted for Mr. Scott:
Bryan Drummond Elliott Ford Giese Glover Hayes Holland Jackson Land Lander Leventis Martin Matthews Mitchell Moore Passailaigue Peeler Rankin Reese Richter Rose Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Waldrep Washington Williams
On motion of Rep. CARNELL, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Mr. Dibble:
The following named Representatives voted for Mr. Moseley:
Baker Brown, H. Cato Chamblee Clyborne Cooper Cromer Davenport Elliott Harrell Haskins Hodges Hutson Keegan Kelley Kennedy Marchbanks Quinn Richardson Riser Robinson Rudnick Sharpe Shissias Simrill Smith, R. Snow Sturkie Thomas Vaughn Wells Witherspoon Wright
The following named Representatives voted for Ms. Reese:
Alexander, T.C. Harris, P.
The following named Representatives voted for Mr. Scott:
Alexander, M.O. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Fair Farr Fulmer Gamble Gonzales Govan Hallman Harris, J. Harrison Harvin Harwell Hines Holt Houck Inabinett Jennings Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Scott Spearman Stille Stoddard Stone Stuart Townsend Trotter Tucker Waites Waldrop Walker Whipper White Wilder, D. Wilder, J. Wilkes Williams Wofford Worley Young, A. Young, R.
Total number of Senators voting 46
Total number of Representatives voting 109
Grand Total 155
Necessary to a choice 78
Of which Mr. Dibble received 0
Of which Mr. Moseley received 46
Of which Ms. Reese received 3
Of which Mr. Scott received 106
Whereupon, the President announced that Mr. Charles Dukes Scott 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 Public Service Commission member for the Third Congressional District.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Mr. Guy Butler, Ms. Mary H. Derrick, Mr. Lewis E. Jordan and Mr. John T. Nave.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had withdrawn: Ms. Mary H. Derrick and John Thomas Nave.
Rep. MARCHBANKS withdrew Mr. Lewis E. Jordan as a candidate.
On motion of Senator Holland, 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. Guy Butler was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Public Service Commission member for the Fourth Congressional District.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Mr. Philip Tibbs Bradley, Mr. Robert G. Rowell and Mr. Frank B. Stone.
Rep. DAVENPORT withdrew Frank B. Stone as a candidate.
Rep. STUART nominated Robert G. Rowell as follows:
"Mr. President, Mr. Speaker, my esteemed members of the Senate and House of Representatives and guests...A philosopher said no one has learned the meaning of life until he has surrendered his ego to the service of his fellowmen. As legislators, you know the meaning of life. You have surrendered your life to serve your State. You were sent here by your fellow citizens to serve, sometimes at great expense to your ego. I rise today to recommend to you for re-election, a man who has given his life in service - to his county, his city, his State --- Robert G. Rowell. Normally I don't actively campaign for candidates running for the various judgeships, offices upon which the General Assembly is charged by the public to select the most qualified candidate. But I have seen Bob Rowell make good fair decisions over a 20 year period of time. He is the caliber of guy we need in public office - the right stuff. Married 37 years to lovely wife Edith. I first met him when I was a member of Lexington County Council and he was a member of Spartanburg County Council in the late 70's. His decisions were always informed and fair. To my surprise in the 1980's our paths crossed again when he was the Mayor of Spartanburg and I was the Mayor of my town. We both were active in municipal government for all of South Carolina. He went on to become the Chairman of public works that managed the utilities that supplied the water and sewer service for Spartanburg County. Most recently, when I had some constituents that had a case before the SC Public Service Commission, I had an opportunity to observe him there. Because a year ago he was overwhelmingly elected to serve on the SEC Public Service Commission - the same position he runs for today. As a county government official, he was dedicated and served honorably. Chm. from 1975-1983. As a former banker he knew the importance of fiscal responsibility. As a mayor of one of South Carolina's largest cities he was a respected leader. He managed the department of public utilities with the needed business ability to keep service level high and costs low. He experienced firsthand the results of over-regulation - burdensome federal legislation. A year ago I was delighted when I learned that he was offering for the SC Public Service Commission. He is the type we need to attract and keep in public service. He was elected overwhelmingly to serve on the SC Public Service Commission. He has served with distinction. Wood burns because it has the proper stuff in it. We want to elect a man with the right stuff. Robert Rowell is that man. The future that we study and plan for begins today with the re-election of Bob Rowell."
Rep. VAUGHN nominated Philip T. Bradley as follows:
"Thank you, Mr. President, Mr. Speaker, members of the Joint Assembly...I had discussed nominating Philip T. Bradley with him and we both agreed that this had been a long and hard campaign and we wouldn't make long speeches. All of you know Phil Bradley, his service to this State and to his community and all the organizations that he has served in. We did not think that he had an opportunity last year to get out and work for this position and so, therefore, we respectfully submit to you this year that he have that opportunity and we ask you to support him. Thank you."
Reps. WELLS, LITTLEJOHN, D. SMITH and LANFORD seconded the nomination of Robert G. Rowell.
Senator J. Verne Smith, Reps. ANDERSON, HASKINS, MATTOS, Senator Stilwell, Reps. CATO, McMAHAND, BAKER and FAIR seconded the nomination of Philip T. Bradley.
On motion of Senator Holland, 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. Bradley:
Courson Giese Holland Land Lander Leatherman Martin Matthews McConnell Mescher Mitchell Moore O'Dell Peeler Rose Saleeby Smith, G. Smith, J.V. Stilwell Williams Wilson
The following named Senators voted for Mr. Rowell:
Bryan Cork Courtney Drummond Elliott Ford Glover Gregory Hayes Jackson Leventis McGill Passailaigue Patterson Rankin Reese Richter Russell Ryberg Setzler Short Waldrep Washington
On motion of Rep. CARNELL, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Mr. Bradley:
Alexander, M.O. Alexander, T.C. Anderson Baker Baxley Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Cooper Davenport Delleney Elliott Fair Farr Fulmer Gamble Gonzales Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Houck Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kinon Klauber Koon Law Marchbanks Martin Mattos McAbee McKay McLeod McMahand McTeer Meacham Neal Neilson Quinn Rhoad Riser Robinson Sharpe Shissias Smith, R. Stoddard Stone Thomas Townsend Trotter Tucker Vaughn Waldrop White Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
The following named Representatives voted for Mr. Rowell:
Allison Askins Bailey, J. Barber Byrd Canty Cobb-Hunter Corning Cromer Keyserling Kirsh Lanford Littlejohn McCraw McElveen Moody-Lawrence Phillips Richardson Rudnick Simrill Smith, D. Snow Spearman Stille Stuart Waites Walker Wells Whipper Wilder, D. Wilder, J. Wilkes
Total number of Senators voting 44
Total number of Representatives voting 111
Grand Total 155
Necessary to a choice 78
Of which Mr. Bradley received 100
Of which Mr. Rowell received 55
Whereupon, the President announced that Mr. Philip T. Bradley 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 Public Service Commission member for the Fifth Congressional District.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Mr. George V. Atkison, Mr. Cecil A. Bowers, Ms. Mary Gail Douglas and Mr. Richard A. Hall.
Senator Short withdrew Mr. Richard Atkison Hall as a candidate.
On motion of Senator Holland, 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. Atkison:
The following named Senators voted for Mr. Bowers:
Bryan Cork Courson Courtney Drummond Elliott Ford Glover Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mitchell Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Russell Ryberg Saleeby Setzler Smith, J.V. Stilwell Waldrep Washington Williams Wilson
The following named Senators voted for Ms. Douglas:
Mescher Short Smith, G.
On motion of Rep. CARNELL, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Mr. Atkison:
The following named Representatives voted for Mr. Bowers:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Baker Barber Baxley Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Gonzales Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Marchbanks Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Shissias Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Trotter Tucker Vaughn Waldrop Walker Whipper White Wilder, D. Wilder, J. Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
The following named Representatives voted for Ms. Douglas:
Thomas Waites
Total number of Senators voting 41
Total number of Representatives voting 106
Grand Total 147
Necessary to a choice 74
Of which Mr. Atkison received 0
Of which Mr. Bowers received 142
Of which Mr. Douglas received 5
Whereupon, the President announced that Mr. Cecil A. Bowers 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 Public Service Commission member for the Sixth Congressional District.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Mr. Warren D. Arthur, IV, Mr. McKinley Lee Blackburn, Mr. James Leon Cannon, Ms. Maxine T. Dawes and Mr. Paul W. Smith, Jr.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidate had been screened and found not qualified: Mr. Ervin E. Lambert.
Rep. BAXLEY seconded the nomination of Mr. Arthur.
Senator Leatherman seconded the nomination of Mr. Blackburn.
On motion of Senator Holland, 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. Arthur:
Bryan Cork Courtney Drummond Hayes Holland Jackson Land Leventis Martin Matthews McConnell McGill Mitchell Moore O'Dell Passailaigue Patterson Peeler Reese Richter Russell Ryberg Saleeby Setzler Short Smith, J.V. Stilwell Waldrep Williams
The following named Senators voted for Mr. Blackburn:
Courson Ford Glover Leatherman Wilson
The following named Senators voted for Mr. Cannon:
Lander Mescher Rankin Smith, G. Washington
The following named Senators voted for Ms. Dawes:
Elliott
The following named Senators voted for Mr. Smith:
On motion of Rep. CARNELL, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Mr. Arthur:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Breeland Brown, G. Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Gonzales Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hines Holt Houck Hutson Jaskwhich Jennings Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Robinson Rudnick Scott Sharpe Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Williams Wofford Wright Young, A. Young, R.
The following named Representatives voted for Mr. Blackburn:
Brown, H. Clyborne Harwell
The following named Representatives voted for Mr. Cannon:
Barber Keegan Kelley Martin Riser Witherspoon
The following named Representatives voted for Ms. Dawes:
Worley
The following named Representatives voted for Mr. Smith:
Thomas
Total number of Senators voting 41
Total number of Representatives voting 109
Grand Total 150
Necessary to a choice 76
Of which Mr. Arthur received 128
Of which Mr. Blackburn received 8
Of which Mr. Cannon received 11
Of which Ms. Dawes received 2
Of which Mr. Smith received 1
Whereupon, the President announced that Mr. Warren D. Arthur, IV 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 Public Service Commission member for the At-Large Congressional District.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Mr. George V. Atkison, Mr. Robert Walter Hundley, Mr. Clayton Baker Ingram and Mr. Rudolph Mitchell.
Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidate had withdrawn: Mr. Robert Walter Hundley.
Rep. BYRD nominated Clayton Baker Ingram as follows:
"Thank you, Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly and guests...It is an honor for me to stand before you at this time and to place a name in nomination, one whom I have met to be an honest, fair, dedicated individual and one who is very knowledgeable and becoming more and more familiar of the things that would be presented before the industry's for which he could give a just and honest vote. This person is none other than Mr. Clayton Baker Ingram. He has worked in a dedicated way throughout the time that I have known him. It is for this cause that I am placing his name in nomination, Clayton Ingram."
Senator Lander nominated Rudolph Mitchell as follows:
"Members of the General Assembly, ladies and gentlemen...It is indeed an honor that I have the pleasure of seconding the nomination of Mr. Rudolph Mitchell for the at-large member of the Public Service Commission. Commissioner Mitchell has served well and has served for 21 years on the PSC. His integrity is impeccable. He is honest. He is God fearing. He is a family man and those that know Rudolph Mitchell, will concur in that assessment. Rudolph Mitchell has served his State, his county of Saluda and the House of Representatives for six terms uncontested. As I indicated, he has been a member of the PSC for 21 years without, to my knowledge, one bit of scandal, but only the highest praise for him. Even handiness on his service on the Commission, not only to the consumer but to the businesses and industries that they look after. I want to mention this and it is going to take just a moment and not long, Rudolph Mitchell is a family man. He was married to a lovely lady for 44 years, the late Lenoria Mitchell. They were located and stayed in Saluda County his entire career. They raised two outstanding children, both of whom are dedicated to public service, one who is the Probate Judge in Saluda County and our own colleague, Molly Mitchell Spearman. As I indicated, a family man, a church man, a community servant, a servant of the State of South Carolina for many years, Rudolph Mitchell has served with great distinction and on behalf of the Saluda County Delegation, Mr. President, it gives me an honor to recommend Rudolph Mitchell for continued service on the PSC for the people of South Carolina."
Rep. G. BROWN, on behalf of the Lee County Delegation, seconded the nomination of Rudolph Mitchell.
On motion of Senator Holland, 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. Atkison:
The following named Senators voted for Mr. Ingram:
Courson Glover Holland Jackson Mescher
The following named Senators voted for Mr. Mitchell:
Bryan Cork Courtney Drummond Elliott Ford Hayes Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mitchell Moore O'Dell Passailaigue Patterson Peeler Reese Richter Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Waldrep Washington Williams Wilson
On motion of Rep. CARNELL, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Mr. Atkison:
The following named Representatives voted for Mr. Ingram:
Brown, J. Byrd Cromer Quinn Shissias Waites
The following named Representatives voted for Mr. Mitchell:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Breeland Brown, G. Brown, H. Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corning Davenport Delleney Elliott Fair Farr Gamble Gonzales Govan Harrell Harris, J. Harris, P. Harvin Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright Young, A.
Total number of Senators voting 40
Total number of Representatives voting 107
Grand Total 147
Necessary to a choice 74
Of which Mr. Atkinson received 0
Of which Mr. Ingram received 11
Of which Mr. Mitchell received 136
Whereupon, the President announced that Mr. Rudolph Mitchell having received a majority of the votes cast, was duly elected for the term prescribed by law.
I inadvertently voted for Ms. Bowen. I intended to vote for Mr. Saunders.
Rep. DAVE C. WALDROP, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: PSC Elections
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: PSC Elections
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY F. ROGERS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: PSC Elections
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: PSC Elections
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: PSC Elections
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
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 2:25 P.M. the House resumed, the SPEAKER in the Chair.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4907 -- Reps. Neal, Rogers, J. Brown, Corning, Waites, Byrd, Cromer and Shissias: A CONCURRENT RESOLUTION TO RECOGNIZE WILLIAM "BILL" CHAVIS OF GADSDEN FOR HIS OUTSTANDING ACHIEVEMENTS DURING HIS FORTY-ONE YEARS OF LAW ENFORCEMENT SERVICE.
H. 4908 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE MS. LOUISE RODGERS RAVENEL UPON HER RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., AND TO THANK HER FOR HER TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA'S VERY SPECIAL CITIZENS.
At 2:26 P.M. the House in accordance with the motion of Rep. J. BAILEY adjourned in memory of Morris D. Finkelstein, to meet at 10:00 A.M. tomorrow.
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