South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, JANUARY 31, 1996

Wednesday, January 31, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God, our Father, we thank You for this new day, fresh with opportunities to serve. We thank You for every glimpse of beauty, every echo of Your truths, every kindness we have received and for every good we are able to do. Give us the ability to waste none of this day's hours, stain any of its moments, neglect none of its challenges, or fail any of its duties. Keep us just and fair, true and sincere. Bring us to evening unstained by temptation, at peace with ourselves, with our fellowbeing and with our God.

With renewed strength and sharpened minds, send us to our waiting tasks, great and small, to make this a better world Whose Builder is our God.

To You we offer our praise and thanksgiving.

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.

MOTION ADOPTED

Rep. VAUGHN moved that when the House adjourns, it adjourn in memory of Gail Dill of Greenville, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 272:
S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 641:
S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

H. 4484--ADOPTED AND SENT TO THE SENATE

On motion of Rep. KEEGAN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundred of years; and

Whereas, the winners of the 1996 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1996 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly invite the winners of the 1996 South Carolina Folk Heritage Awards and the members of the 1996 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House at 12:00 noon on Wednesday, April 24, 1996, and that the members of the General Assembly recognize and commend the 1996 South Carolina Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.

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

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 730 -- Senator Moore: A BILL TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITY FOR RESPIRATORY CARE PROGRAMS, SO AS TO PROVIDE THAT THIS AUTHORITY MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF PHYSICAL THERAPISTS, SO AS TO ESTABLISH THE PASSING SCORE FOR EXAMINATIONS.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 759 -- Senator Moore: A BILL TO AMEND SECTION 40-36-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL THERAPIST LICENSURE AND USE OF THAT TITLE, SO AS TO DELETE THE PROVISIONS REGARDING ISSUANCE OF CERTIFICATES OF LICENSURE TO FOREIGN TRAINED PERSONS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: A BILL TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY ORDER THE CHILD'S PARENTS TO REIMBURSE THE COURT-APPOINTED ATTORNEY OR THE INDIGENT DEFENSE FUND.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

S. 468 -- Senator Hayes: A BILL TO AMEND SECTION 8-21-310(11), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1078 -- Senator Land: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING DR. ALICE STUCKEY GRAVES, ONE OF LEE COUNTY'S OUTSTANDING CITIZENS, FOR HER ACCOMPLISHMENTS AND HER CONTRIBUTIONS TO THE SUCCESS OF HER COMMUNITY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4517 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp, Vaughn, Cotty, Thomas, Kelley, Chamblee, J. Brown, Martin, Shissias, Tucker, P. Harris, Wofford, Law, Dantzler, Scott, Neal, Howard, H. Brown, Harrison, Young-Brickell, Klauber, Stille, Harvin, Keegan, Wright, Cato, Cooper, Rice, Simrill, Easterday, Trotter, Herdklotz, Meacham, Rhoad, Mason, Walker, Littlejohn, Whatley, Hallman, McCraw, Wells, Sandifer, Askins, R. Smith, Knotts, D. Smith, Elliott, McMahand, Fleming, Phillips, Delleney, Govan, Waldrop and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-270 SO AS TO AUTHORIZE THE INVESTMENT OF THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES, TO ESTABLISH THE EQUITY INVESTMENT ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, INCLUDING RECOMMENDATIONS WITH RESPECT TO AN ANNUAL EQUITY INVESTMENT PLAN PREPARED BY THE STATE TREASURER SUBJECT TO THE REVIEW AND APPROVAL OF THE STATE BUDGET AND CONTROL BOARD, TO ESTABLISH REQUIREMENTS FOR THE ANNUAL PLAN, PROVIDE REPORTING REQUIREMENTS, AND AUTHORIZE THE RETAINING OF PERSONS OR FIRMS TO MANAGE AND ASSIST WITH THESE INVESTMENTS; TO AMEND SECTIONS 9-1-1310 AND 9-11-240, RELATING TO INVESTING OF FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW THE INVESTMENTS AUTHORIZED BY THIS ACT, AND TO MAKE THIS ACT EFFECTIVE ON THE RATIFICATION DATE OF A CONSTITUTIONAL AMENDMENT AUTHORIZING ITS TERMS.

Referred to Committee on Ways and Means.

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

Referred to Committee on Ways and Means.

H. 4519 -- Reps. Knotts, Fulmer, Lloyd, Inabinett, Williams, Wright, Kelley, Keegan and Riser: A BILL TO AMEND SECTION 9-8-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE FOR THE RECALCULATION OF THE BENEFITS OF RETIRED JUDGES AND JUSTICES WHO CONTINUE FULL JUDICIAL DUTIES FOR PURPOSES OF RECEIVING THE ADDITIONAL BENEFITS PROVIDED RETIREES FOR SERVICE IN EXCESS OF TWENTY-FIVE YEARS, AND TO PROVIDE THE CONTRIBUTION REQUIREMENTS FOR RECEIVING THESE ADDITIONAL BENEFITS.

Referred to Committee on Ways and Means.

H. 4520 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.

Referred to Committee on Judiciary.

H. 4521 -- Reps. Hallman and H. Brown: A BILL TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING, BUDGETING, AND ACCOUNTING FOR THE TECHNICAL EDUCATION SYSTEM, SO AS TO DELETE THE LOCAL MATCHING FUNDS EXEMPTION FOR CAPITAL FACILITIES AT DENMARK AND BEAUFORT TECHNICAL COLLEGES.

Referred to Committee on Ways and Means.

H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4525 -- Rep. Scott: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GENERAL CONTRACTOR", SO AS TO INCREASE THE AMOUNT OF THE COST OF AN UNDERTAKING BEFORE A PERSON IS REQUIRED TO OBTAIN A GENERAL CONTRACTOR'S LICENSE.

Referred to Committee on Labor, Commerce and Industry.

H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.

Referred to Committee on Judiciary.

S. 823 -- Senators Wilson, Stilwell, Jackson, Martin and Lander: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL COURT MAY ORDER RESTITUTION IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

Referred to Committee on Judiciary.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Delleney
Easterday              Elliott                Fleming
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harrison               Haskins                Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Koon
Lanford                Law                    Lee
Limehouse              Littlejohn             Loftis
Marchbanks             Martin                 Mason
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rice
Richardson             Riser                  Rogers
Sandifer               Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Thomas
Townsend               Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 31.

Lynn Seithel                      G. Ralph Davenport, Jr.
Alfred B. Robinson, Jr.           Ralph W. Canty
John G. Felder                    Doug Smith
Patrick B. Harris                 L. Hunter Limbaugh
Daniel L. Tripp                   C. Alex Harvin III
J.M. Knotts, Jr.                  Joseph T. McElveen, Jr.
Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. KLAUBER a leave of absence for the day.

LEAVE OF THE HOUSE

The SPEAKER granted Reps. CANTY, D. SMITH and LIMBAUGH a leave of the House due to a Judicial Screening Committee meeting.

STATEMENT OF ATTENDANCE

Reps. HALLMAN and RHOAD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, January 16.

STATEMENT RE ATTENDANCE

Rep. KLAUBER signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, January 31.

STATEMENT RE ATTENDANCE

Rep. McELVEEN signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, January 30.

DOCTOR OF THE DAY

Announcement was made that Dr. Ken DeHart of Myrtle Beach is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

H. 4515--DEBATE ADJOURNED

Rep. HASKINS moved to adjourn debate upon the following Bill until Thursday, February 1, which was adopted.

H. 4515 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.

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. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.

H. 4338--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

Reps. HODGES and SHARPE proposed the following Amendment No. 2, which was adopted.

Amend the bill further by adding an appropriately numbered section to read:

"Notwithstanding any other provisions of law, the Department of Natural Resources may not provide for a break in the deer season on private lands in Game Zone 4."

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. SPEARMAN, CARNELL, KLAUBER, STILLE, McABEE, STODDARD, WILDER, WALDROP and CLYBURN proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22262SD.96), which was adopted.

Amend the bill, as and if amended, by striking Section 50-11-310 of the 1976 Code as contained in SECTION 1 and inserting:

/Section 50-11-310.     (A)     The open season for taking antlered deer is:

(1)     Game Zones 1, 2, and 4: as set by the department between October first and January first. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these game zones. However, antlered deer may be taken in these game zones on Sunday on private land during the open season;

(2)     Game Zone 2:     as set by the department between September first and January first with bow and arrow and between September fifteenth and January first with firearms. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in this game zone. However, antlered deer may be taken in this game zone on Sunday on private land during the open season;

(3)(2)     Game Zones 5 and 7: with bow and arrow September first through January first and with firearms September fifteenth through January first;

(4)(3)     Game Zones 8 and 9: August fifteenth to August thirty-first with bow and arrow only and September first through January first with firearms. Antlerless deer may be taken December fifteenth through January first with bow and arrow only;

(5)(4)     Game Zone 10: September first through January first with bow and arrow only and with firearms September fifteenth through January first.

(B)     Except as provided in subsection (A), the season for taking antlered deer is August fifteenth through January first.

(C)     It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SPEARMAN explained the amendment.

The amendment was then adopted.

Rep. WITHERSPOON explained the Bill.

Reps. WALKER, MARCHBANKS, SIMRILL, SHARPE, WITHERSPOON, VAUGHN, McMAHAND, ANDERSON, LITTLEJOHN, SANDIFER, INABINETT, TROTTER, KOON and RISER objected to the Bill.

H. 3732--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, February 1, which was adopted.

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

H. 3858--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

Rep. R. SMITH proposed the following Amendment No. 2 (Doc Name P:\amend\BBM\10534JM.96), which was adopted.

Amend the bill, as and if amended, by striking Section 20-7-1333(C), as contained in Section 1, and inserting:

/(C)     If the court suspends the child's driver's license, the child must submit the license to the court and the court shall forward the license to the proper authorities for license suspension. However, convictions not related to the operation of a motor vehicle shall not result in increased insurance premiums./

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4497--RECALLED AND REFERRED TO THE COMMITTEE
ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry.

H. 4497 -- Rep. Cato: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

H. 3772--REJECTED

The following Joint Resolution was taken up.

H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 71; Nays 40

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Baxley                 Breeland               Brown, G.
Brown, J.              Byrd                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Elliott                Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, P.             Harrison
Hines, J.              Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Lanford                Law                    Lee
Limehouse              Littlejohn             Martin
Mason                  McAbee                 McCraw
Moody-Lawrence         Neilson                Phillips
Rhoad                  Richardson             Riser
Rogers                 Scott                  Seithel
Sheheen                Shissias               Smith, D.
Smith, R.              Spearman               Stoddard
Stuart                 Thomas                 Tucker
Vaughn                 Whatley                Whipper, S.
White                  Wilder                 Wilkes
Williams               Wofford                Worley
Wright                 Young-Brickell

Total--71

Those who voted in the negative are:

Anderson               Boan                   Brown, H.
Cain                   Canty                  Carnell
Cato                   Cooper                 Davenport
Delleney               Easterday              Harris, J.
Haskins                Herdklotz              Hines, M.
Hodges                 Jaskwhich              Kirsh
Koon                   Limbaugh               Loftis
Marchbanks             McKay                  McMahand
McTeer                 Meacham                Neal
Rice                   Robinson               Sandifer
Sharpe                 Simrill                Stille
Townsend               Trotter                Waldrop
Wells                  Wilkins                Witherspoon
Young

Total--40

So, having failed to receive the necessary vote, the Joint Resolution was rejected.

RECORD FOR JOURNAL

I was late today due to having a previous scheduled doctor's appointment and a scheduled meeting with Labor, Licensing and Regulations personnel in reference to state business. These appointments could not be rescheduled. I missed the lottery vote in which I favored the people's right to vote.

Rep. J.M. KNOTTS, JR.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HASKINS.

H. 3174--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Wednesday, May 1, which was adopted.

H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.

H. 4474--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4474 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

Rep. TOWNSEND explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. TOWNSEND continued speaking.

Rep. SHEHEEN spoke against the Bill.

Rep. RICHARDSON moved to adjourn debate upon the Bill until Wednesday, February 7.

Rep. TOWNSEND moved to table the motion.

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

Yeas 58; Nays 53

Those who voted in the affirmative are:

Allison                Anderson               Askins
Brown, H.              Byrd                   Cain
Carnell                Cato                   Chamblee
Cotty                  Dantzler               Davenport
Easterday              Fleming                Fulmer
Gamble                 Hallman                Harrell
Haskins                Herdklotz              Hutson
Keegan                 Kelley                 Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  McKay                  Meacham
Rhoad                  Rice                   Riser
Robinson               Sandifer               Seithel
Simrill                Smith, D.              Spearman
Stille                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Walker                 Wells                  Whatley
Williams               Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

Total--58

Those who voted in the negative are:

Bailey                 Baxley                 Boan
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Cave
Clyburn                Cobb-Hunter            Cooper
Cromer                 Delleney               Elliott
Felder                 Govan                  Harris, J.
Harris, P.             Harrison               Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Keyserling
Kinon                  Kirsh                  Lee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Richardson
Rogers                 Scott                  Sharpe
Sheheen                Shissias               Smith, R.
Stoddard               Stuart                 Waldrop
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes

Total--53

So, the motion to adjourn debate was tabled.

Rep. HODGES spoke against the Bill.

SPEAKER IN CHAIR

Rep. HODGES continued speaking.

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2209HTC.96), which was adopted.

Amend the bill, as and if amended, by striking Section 57-1-360 as contained in SECTION 2, page 2, and inserting:

/Section 57-1-360.     The commission shall foster the creation of private/public partnerships in an effort to improve the efficiencies and avoid delays in the construction and maintenance of highway projects. The commission shall investigate mechanisms for outsourcing the planning, engineering, construction, and maintenance of highway projects.

The commission shall report annually before February of each year to the House Education and Public Works Committee, the Senate Transportation Committee, and the Governor's Office the status of progress in pursuit of this directive./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. TOWNSEND spoke in favor of the Bill.

Reps. ROGERS, L. WHIPPER and NEAL spoke against the Bill.

Rep. NEAL moved to recommit the Bill to the Committee on Education and Public Works.

Rep. KELLEY moved to table the motion to recommit.

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

Yeas 57; Nays 55

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Cato                   Cooper                 Cotty
Dantzler               Davenport              Easterday
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Haskins                Herdklotz              Hutson
Jaskwhich              Keegan                 Kelley
Kinon                  Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
McKay                  Meacham                Phillips
Rice                   Richardson             Riser
Robinson               Sandifer               Sharpe
Shissias               Simrill                Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Young-Brickell

Total--57

Those who voted in the negative are:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Carnell                Cave
Clyburn                Cobb-Hunter            Cromer
Delleney               Govan                  Harris, J.
Harris, P.             Harrison               Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Keyserling             Kirsh
Lee                    Mason                  McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Quinn                  Rhoad
Rogers                 Scott                  Seithel
Sheheen                Smith, D.              Thomas
Tucker                 Waldrop                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Williams               Wright
Young

Total--55

So, the motion to recommit was tabled.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill.

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.

ELECTION OF EMPLOYMENT SECURITY
COMMISSION MEMBERS

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

S. 1006 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 31, 1996, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1996.

The President announced that nominations were in order for three members of the Employment Security Commission.

Senator Saleeby, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: John E. Bonaparte, Jr., C.D. Chamblee, Samuel R. Foster, J. William McLeod, Kathleen Riley, Joseph B. Rosen, John J. Snow, Jr., and Carole C. Wells.

Senator Saleeby stated that the following candidate had withdrawn from the race: John J. Snow, Jr.

Rep. ALLISON nominated Mrs. Wells as follows:

"Mr. President, Mr. Speaker, distinguished colleagues in the General Assembly... I do not come to this podium often, but when I do come it is because I am passionate to the subject or the person in question. Today, I want to share with you very briefly, not the obvious about Carole Wells, not the fact that she has served this General Assembly for 10 years, has served in many leadership roles as Minority Leader, Chair of Women's Caucus, LCI Committee, Agriculture Committee and Ways and Means, Chairing K-12 Sub Committee. Not all of the things that you read about in the media and the press. She has also served on many special Joint Committees and positions appointed by 2 Governors. Currently she holds a National Leadership Role as President elect of the National Organization of Women Legislators. Those are the obvious, the things that you already know. But I know the deeper person. She is also a dedicated wife, mother and grandmother and always putting her family first and they in return are supportive of all her endeavors and as was mentioned earlier, they are here today supporting her efforts. She has character values that we all strive for, honesty, caring, integrity and a deep ethical sense. She will keep her word, I found that out, even when she must stand alone. The position on the Employment Security Commission has been another challenging step for her and as one colleague expressed to me after interviewing her, she does know what the job entails and has made a commitment to learn all she can about the duties and execution of the job. Commitment is a quality I deeply admire and dedication. And we all know that success can only come with a big dose of it. One person with deep courage can make a majority. A Pro-business person, she has a compassion for fairness to all. Now you know the person that I know, I, with much pride, nominate today to the South Carolina Employment Security Commission. Carole Wells. Thank you."

Senator Hayes nominated Mr. Foster as follows:

"Ladies and gentlemen of the House and Senate... They told me as I was walking up to be brief and I will. But, I want to place in nomination my good friend, Sam Foster for reelection the Employment Security Commission. Sam served for 12 years in this Body, in the House, and I had the honor of serving with him for seven of those years. Many of you served with him, too, and you know wherever I speak, that Sam is an able and honest and caring person. He cares and he wants to be fair, not just for the workers, but for the employers as well. He is the type of commissioner that we need to keep on the Employment Security Commission. He is a retired educator from York County. He was one of our leaders in the York County community when we went to integration. He was the first principal of Northwestern High School and has really been a leader in our community throughout his life. In the House, he served for 12 years, and he has served for four years now as a member of Employment Security Commission where he is a past chairman of that commission. It is certainly an honor for me to place him in nomination and I would ask for your support. Thank you."

Rep. FELDER nominated Mr. McLeod as follows:

"Mr. President, members of the Joint Assembly... I certainly don't want to take up your time, but I did not know that we were going to do the formal nominating speeches. I would like to rise to nominate someone that I know personally who has served with great distinction previously in this Body. I know his wife and children. Certainly, Billy McLeod has become synonymous with being accessible, being concerned about the unemployed people of the State and the employers and has brought a tremendous amount of good humor to a very serious task. He has brought compassion. He is a very trustworthy person and really, I don't think I have to say anymore about Billy McLeod than that. Billy is a true friend of the working people of this State. He is very proud of Florence County and his area from whence he comes. He has deep family ties and I happen to know him as one of my dear friends and a person that I have come to know and trust over his years of service in this great State. It is with a great deal of honor that I nominate Billy McLeod."

Rep. WRIGHT seconded the nomination of Mr. McLeod.

On motion of Rep. FELDER, 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. Bonaparte:

TOTAL--0

The following named Senators voted for Mr. Chamblee:

Alexander              Bryan                  Drummond
Fair                   Hayes                  Martin
McConnell              Mescher                O'Dell
Passailaigue           Richter                Ryberg
Saleeby                Short                  Thomas
Waldrep

TOTAL--16

The following named Senators voted for Mr. Foster:

Alexander              Boan                   Bryan
Cork                   Courtney               Drummond
Elliott                Fair                   Ford
Glover                 Hayes                  Holland
Jackson                Land                   Lander
Leatherman             Martin                 Matthews
McGill                 Moore                  O'Dell
Passailaigue           Peeler                 Rankin
Reese                  Rose                   Russell
Ryberg                 Saleeby                Setzler
Short                  Smith, J.V.            Waldrep
Washington

TOTAL--34

The following named Senators voted for Mr. McLeod:

Boan                   Bryan                  Cork
Courson                Courtney               Drummond
Elliott                Ford                   Giese
Glover                 Hayes                  Holland
Jackson                Land                   Lander
Leatherman             Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Passailaigue
Peeler                 Rankin                 Reese
Richter                Rose                   Russell
Ryberg                 Saleeby                Setzler
Short                  Smith, J.V.            Thomas
Waldrep                Washington             Wilson

TOTAL--39

The following named Senators voted for Mrs. Riley:
Courson

TOTAL--1

The following named Senators voted for Mr. Rosen:

Courson                Giese                  Jackson
Setzler                Wilson

TOTAL--5

The following named Senators voted for Mrs. Wells:

Alexander              Boan                   Cork
Courtney               Elliott                Fair
Ford                   Giese                  Glover
Holland                Land                   Lander
Leatherman             Matthews               McConnell
McGill                 Mescher                Moore
Peeler                 Rankin                 Reese
Richter                Rose                   Russell
Smith, J.V.            Thomas                 Washington
Wilson

TOTAL--28

On motion of Rep. FELDER, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Bonaparte:

Total--0

The following named Representatives voted for Mr. Chamblee:

Allison                Baxley                 Brown, G.
Brown, H.              Brown, J.              Cain
Carnell                Cato                   Cooper
Cotty                  Dantzler               Davenport
Easterday              Elliott                Fleming
Fulmer                 Hallman                Harrell
Harrison               Harvin                 Haskins
Herdklotz              Howard                 Hutson
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Knotts
Koon                   Lanford                Limehouse
Littlejohn             Loftis                 Marchbanks
Martin                 Mason                  McAbee
McKay                  Meacham                Phillips
Rice                   Richardson             Riser
Robinson               Sandifer               Seithel
Sharpe                 Smith, R.              Stille
Stoddard               Thomas                 Townsend
Tripp                  Trotter                Tucker
Walker                 Wilkins                Witherspoon
Wofford                Wright                 Young
Young-Brickell

Total--64

The following named Representatives voted for Mr. Foster:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Canty
Carnell                Cave                   Clyburn
Cobb-Hunter            Cotty                  Cromer
Delleney               Elliott                Felder
Gamble                 Govan                  Harris, J.
Harris, P.             Harvin                 Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jaskwhich
Jennings               Keegan                 Kennedy
Keyserling             Kinon                  Kirsh
Law                    Lee                    Limbaugh
Martin                 McAbee                 McCraw
McElveen               McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Rogers
Scott                  Sheheen                Shissias
Simrill                Spearman               Stille
Stoddard               Stuart                 Thomas
Tucker                 Vaughn                 Waldrop
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Williams
Worley

Total--76

The following named Representatives voted for Mr. McLeod:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cain                   Canty
Carnell                Cato                   Cave
Clyburn                Cobb-Hunter            Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Felder                 Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Haskins
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Jaskwhich              Jennings               Kelley
Kennedy                Keyserling             Kinon
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Martin                 Mason
McAbee                 McCraw                 McElveen
McKay                  McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Smith, D.
Smith, R.              Spearman               Stuart
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Whatley                Whipper, S.
White                  Wilder                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

Total--106

The following named Representatives voted for Mrs. Riley:

Total--0

The following named Representatives voted for Mr. Rosen:

Cromer                 Gamble                 Govan
Hodges                 Rogers                 Shissias
Smith, D.

Total--7

The following named Representatives voted for Mrs. Wells:

Allison                Anderson               Askins
Bailey                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, T.
Byrd                   Cain                   Canty
Cato                   Cave                   Clyburn
Cobb-Hunter            Dantzler               Davenport
Delleney               Easterday              Felder
Fleming                Fulmer                 Hallman
Harrell                Harris, J.             Harrison
Haskins                Herdklotz              Hines, J.
Hines, M.              Hutson                 Inabinett
Jaskwhich              Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  McCraw                 McElveen
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Tripp
Trotter                Waldrop                Walker
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

Total--94
RECAPITULATION

Total number of Senators voting     41
Total number of Representatives voting     118
Grand Total     159
Necessary to a choice     80
Of which Mr. Bonaparte received     0
Of which Mr. Chamblee received     80
Of which Mr. Foster received     110
Of which Mr. McLeod received     145
Of which Mrs. Riley received     1
Of which Mr. Rosen received     12
Of which Mrs. Wells received     122

Whereupon, the President announced that Mr. Samuel R. Foster, Mr. J. William McLeod, and Mrs. Carole C. Wells having received a majority of the votes cast were duly elected for the terms prescribed by law.

RECORD FOR JOURNAL

I abstained from voting in the race for the members of the Employment Security Commission because my CPA firm, Wilkes & Company could likely have contested cases before this Commission and I feel that this would constitute a conflict of interest.

Rep. TIMOTHY C. WILKES

JOINT ASSEMBLY RECEDES

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.

THE HOUSE RESUMES

At 12:29 P.M. the House resumed, the SPEAKER in the Chair.

Rep. TOWNSEND moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 12:30 P.M. the House in accordance with the motion of Rep. VAUGHN adjourned in memory of Gail Dill of Greenville, to meet at 10:00 A.M. tomorrow.

* * *

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