Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 3340, May 10 | Printed Page 3360, May 10 |

Printed Page 3350 . . . . . Wednesday, May 10, 1995

Rep. HODGES proposed the following Amendment No. 5A, which was tabled.

Part I, Section 3B, add to Approved Accounts the sum of $10,000 for the operation of the Judicial Merit Selection Panel.

Rep. HODGES explained the amendment.

Rep. HASKINS spoke against the amendment.

Rep. H. BROWN moved to table the amendment.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 72; Nays 26



Printed Page 3351 . . . . . Wednesday, May 10, 1995

Those who voted in the affirmative are:
Allison          Bailey           Beatty
Brown, H.        Brown, J.        Brown, T.
Cain             Carnell          Cato
Cave             Chamblee         Cooper
Cotty            Dantzler         Delleney
Easterday        Fair             Felder
Harrell          Harrison         Harvin
Haskins          Herdklotz        Keegan
Kelley           Kinon            Kirsh
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Martin
Mason            McCraw           McElveen
McKay            Meacham          Moody-Lawrence
Phillips         Quinn            Rhoad
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Sheheen          Simrill          Smith, R.
Spearman         Stille           Stuart
Townsend         Tripp            Trotter
Vaughn           Walker           Wells
Whipper, L.      White            Wilder
Wilkins          Wofford          Worley
Wright           Young, A.        Young, J.

Total--72

Those who voted in the negative are:

Askins           Baxley           Boan
Breeland         Cromer           Gamble
Hallman          Harris, J.       Hines
Hodges           Howard           Hutson
Inabinett        Jennings         Keyserling
Lloyd            McTeer           Neal
Neilson          Rogers           Scott
Tucker           Whipper, S.      Wilkes
Williams         Witherspoon

Total--26



Printed Page 3352 . . . . . Wednesday, May 10, 1995

So, the amendment was tabled.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS


Printed Page 3353 . . . . . Wednesday, May 10, 1995

TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.


Printed Page 3354 . . . . . Wednesday, May 10, 1995

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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.

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

RECURRENCE TO THE MORNING HOUR

Rep. CATO moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4204 -- Rep. Marchbanks: A CONCURRENT RESOLUTION CONGRATULATING DR. ROBERT COOK EDWARDS AND MRS. LOUISE ODOM EDWARDS ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY ON MAY 30, 1995.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 3355 . . . . . Wednesday, May 10, 1995

S. 611--RECALLED FROM THE

COMMITTEE ON WAYS AND MEANS

On motion of Rep. L. WHIPPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

RULE 5.12 WAIVED

Rep. L. WHIPPER moved to waive Rule 5.12, which was agreed to by a division vote of 51 to 0.

S. 219--RECALLED FROM THE

COMMITTEE ON JUDICIARY

On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

H. 4186--RECALLED FROM THE

RICHLAND DELEGATION

On motion of Rep. SHISSIAS, with unanimous consent, the following Bill was ordered recalled from the Richland Delegation.

H. 4186 -- Reps. Shissias, Cotty, Rogers, Cromer, Harrison, Quinn, Howard, Scott, Neal, J. Brown and Byrd: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ADD THE GREGG PARK PRECINCT AND TO STIPULATE THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS IN RICHLAND COUNTY ARE SHOWN.


Printed Page 3356 . . . . . Wednesday, May 10, 1995

S. 670--RECALLED FROM THE KERSHAW DELEGATION

On motion of Rep. SHEHEEN, with unanimous consent, the following Bill was ordered recalled from the Kershaw Delegation.

S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.

H. 4191--RECALLED FROM THE

COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. KINON, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.

H. 4191 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE ROAD S-17-75, EAST THIRD AVENUE, IN DILLON COUNTY AS THE "W. JESSE FORD HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

RULE 5.12 WAIVED

Rep. KINON moved to waive Rule 5.12, which was agreed to by a division vote of 33 to 0.

HOUSE STANDS AT EASE

The House stood at ease until the Joint Assembly.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

JOINT 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 a Concurrent Resolution adopted by both Houses.


Printed Page 3357 . . . . . Wednesday, May 10, 1995

ELECTION OF STATE COLLEGES AND UNIVERSITIES

BOARD OF TRUSTEES MEMBERS

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4172 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 10, 1995, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1995 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.

The President recognized Rep. STODDARD, Chairman of the Joint Screening Committee.

COASTAL CAROLINA UNIVERSITY

EIGHT CONGRESSIONAL SEATS

FIRST CONGRESSIONAL DISTRICT, SEAT 1

The President announced that nominations were in order for the First Congressional District, Seat 1.

Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Clark B. Parker.

On motion of Rep. STODDARD, 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 Clark B. Parker was duly elected for the term prescribed by law.

SECOND CONGRESSIONAL DISTRICT, SEAT 3

The President announced that nominations were in order for the Second Congressional District, Seat 3.

Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Leo Richardson and Oran P. Smith.


Printed Page 3358 . . . . . Wednesday, May 10, 1995

Rep. STODDARD announced that Mr. Leo Richardson had withdrawn his name as a candidate.

On motion of Rep. STODDARD, 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. Oran P. Smith was duly elected for the term prescribed by law.

THIRD CONGRESSIONAL DISTRICT, SEAT 5

The President announced that nominations were in order for the Third Congressional District, Seat 5.

Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Mr. Payne Barnette, Jr.

On motion of Rep. STODDARD, 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 Payne Barnette, Jr. was duly elected for the term prescribed by law.

FOURTH CONGRESSIONAL DISTRICT, SEAT 7

The President announced that nominations were in order for the Fourth Congressional District, Seat 7.

Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Ms. Elaine W. Marks.

On motion of Rep. STODDARD, 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 Ms. Elaine W. Marks was duly elected for the term prescribed by law.

FIFTH CONGRESSIONAL DISTRICT, SEAT 9

The President announced that nominations were in order for the Fifth Congressional District, Seat 9.

Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Ms. Juli S. Powers.

On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 3359 . . . . . Wednesday, May 10, 1995

Whereupon, the President announced that Ms. Juli S. Powers was duly elected for the term prescribed by law.

SIXTH CONGRESSIONAL DISTRICT, SEAT 11

The President announced that nominations were in order for the Sixth Congressional District, Seat 11.

Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Mr. Fred F. DuBard.

On motion of Rep. STODDARD, 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. Fred F. DuBard was duly elected for the term prescribed by law.

AT-LARGE CONGRESSIONAL DISTRICT, SEAT 13

The President announced that nominations were in order for the At-Large Congressional District, Seat 13.

Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Mr. Franklin Burroughs.

On motion of Rep. STODDARD, 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. Franklin Burroughs was duly elected for the term prescribed by law.

AT-LARGE CONGRESSIONAL DISTRICT, SEAT 15

The President announced that nominations were in order for the At-Large Congressional District, Seat 15.

Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Mr. Edwin C. Wall, Jr.

On motion of Rep. STODDARD, 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. Edwin C. Wall, Jr. was duly elected for the term prescribed by law.


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