Journal of the Senate
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 2600, May 9 | Printed Page 2620, May 10 |

Printed Page 2610 . . . . . Tuesday, May 9, 1995

RECOMMITTED

S. 733 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR


Printed Page 2611 . . . . . Tuesday, May 9, 1995

TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO
Printed Page 2612 . . . . . Tuesday, May 9, 1995

ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION.

On motion of Senator McCONNELL, the Resolution was recommitted to the Committee on Invitations.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

On motion of Senator WILLIAMS, with unanimous consent, debate was interrupted by the Executive Session and adjournment, Senator PASSAILAIGUE retaining the floor.


Printed Page 2613 . . . . . Tuesday, May 9, 1995

EXECUTIVE SESSION

On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS

Confirmations

On motion of Senator MOORE, the following appointment was confirmed:

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1990, and to expire June 30, 1996:

At-Large:

Mr. G. Bryan Lyndon, 3001 Barefoot Trail, Anderson, S.C. 29621 VICE Vernon F. Dunbar (resigned)

Having been reported favorably from Executive Session, on motion of Senator STILWELL, with unanimous consent, the following appointments were confirmed:

Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607 VICE John S. Simmons (resigned)

Initial Appointment, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1997:

5th Congressional District:

Mr. James E. Crawford, 3 Foundry Hill Road, Cheraw, S.C. 29520

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

6th Congressional District:

Ms. Sheila Allen Massey, 521 Lincolnshire North, Columbia, S.C. 29203 VICE James T. McLawhorn, Jr.

Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:

4th Congressional District:

Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607


Printed Page 2614 . . . . . Tuesday, May 9, 1995

Reappointment, State Commission for Minority Affairs, with term to commence June 30, 1995, and to expire June 30, 1999:

2nd Congressional District:

Mr. James Furtick, Jr., 1349 Edisto Drive, Orangeburg, S.C. 29115

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:

4th Congressional District:

Mr. Michael R. Watkins, 14 Bransfield Road, Greenville, S.C. 29615 VICE Anthony D. Bell

Initial Appointment, State Human Affairs Commission, with term to commence upon confirmation by the Senate, and to expire June 30, 1998:

5th Congressional District:

Robert A. Reagan, 2441 Jerico Road, Sumter, S.C. 29153 VICE Suzanne Smith

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:

3rd Congressional District:

Ms. Janice C. McCord, Route 5, Box 66, Abbeville, S.C. 29620 VICE Wilmon W. McClellan, Sr. (resigned)

Initial Appointment, Director of the Department of Alcohol and Other Drug Abuse, with term to commence January 30, 1995, and to expire at the pleasure of the Governor:

Ms. Beverly G. Hamilton, 422 Somerset Place, Florence, S.C. 29501 VICE William J. McCord (resigned)

Initial Appointment, Board of Health and Environmental Control, with term to commence February 1, 1995, and to expire June 30, 1997:

At-Large\Chairman:

Mr. John Hay Burriss, 130 Haywain Drive, Chapin, S.C. 29036 VICE Robert J. Stripling, Jr. (resigned)

Initial Appointment, Board of Health and Environmental Control, with term to commence June 30, 1995, and to expire June 30, 1999:

3rd Congressional District:

Mr. Rodney L. Grandy, 261 Magnolia Lake Road, Aiken, S.C. 29803 VICE Sandra J. Molander


Printed Page 2615 . . . . . Tuesday, May 9, 1995

Recorded Vote

Senator CORK desired to be recorded as voting against the appointment of Mr. Grandy.

Reappointment, Board of Health and Environmental Control, with term to commence June 30, 1995, and to expire June 30, 1999:

6th Congressional District:

Mr. Roger Leaks, Jr., 4519 Robney Drive, Columbia, S.C. 29209

Initial Appointment, Advisory Council to the Continuum of Care for Emotionally Disturbed Children, with term to commence June 30, 1995, and to expire June 30, 1999:

Advocate:

Ms. Lynn M. Williams, SCANA Corporation, 1426 Main Street, Columbia, S.C. 29201 VICE Harriet Jean Ferguson

Initial Appointment, State Board of Medical Examiners, with term to commence December 31, 1994, and to expire December 31, 1998:

Physician\At-Large:

Louis E. Costa, II, D.M.D., M.D., 909 Parrot Creek Way, Charleston, S.C. 29412 VICE C. Dayton Riddle

Initial Appointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 1994, and to expire June 30, 1997:

South Carolina:

Mr. David M. Cupka, Director, Office of Fisheries Management, Marine Resources Division, Department of Natural Resources, Post Office Box 12559, Charleston, S.C. 29422-2559 VICE Dr. James A. Timmerman, Jr. (slot moved in restructuring)

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1995, and to expire July 27, 1998:

At-Large:

Mr. Charles L. Appleby, III, 216 Genessee Valley Road, Columbia, S.C. 29223- 3214

Initial Appointment, Jobs Economic Development Authority, for the term which commenced July 27, 1992, and to expire July 27, 1995, service to commence December 14, 1994:

At-Large:


Printed Page 2616 . . . . . Tuesday, May 9, 1995

Mr. Charles L. Appleby, III, 216 Genesse Valley Road, Columbia, S.C. 29223-3214 VICE Robert L. Mobley (resigned)

Initial Appointments, South Carolina Real Estate Appraisers Board, with terms to commence May 31, 1995, and to expire May 31, 1998:

Appraiser:

Mr. Herbert R. Sass, III, 719 Milldenhall Road, Mt. Pleasant, S.C. 29464 VICE Robert O. Lighthart, Jr.

Real Estate:

Mr. Dan M. Sall , 1212 Haywood Road, Greenville, S.C. 29615 VICE Doris G. Sheriff

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:

At-Large:

Mr. Eugene Collins Spivey, Post Office Box 570, Conway, S.C. 29526

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1995, and to expire July 27, 1998:

6th Congressional District:

Mr. Chester A. Duke, Post Office Box 929, Marion, S.C. 29571

Reappointment, South Carolina Real Estate Commission, with term to commence June 30, 1995, and to expire June 30, 1999:

Consumer:

Reverend Charles L. Johnson, Sr., 203 Martin Street, Clemson, S.C. 29631

Initial Appointment, South Carolina Real Estate Commission, with term to commence September 8, 1994, and to expire June 30, 1995:

Consumer:

Reverend Charles L. Johnson, Sr., 203 Martin Street, Clemson, S.C. 29631 VICE Earl Spain (resigned)

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 29, 1992, and to expire May 19, 1996:

At-Large:

Reverend Oliver H. Willis, 209 Demos Drive, Roebuck, S.C. 29376 VICE M. Yvonne Bradley-Offord


Printed Page 2617 . . . . . Tuesday, May 9, 1995

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1994, and to expire June 30, 1997:

At-Large:

Elizabeth N. Adams, Ph.D., 303 Saluda Avenue, Columbia, S.C. 29205 VICE Constance C. Flemming

Reappointment, South Carolina Commission on Archives and History, with term to commence February 7, 1995, and to expire coterminous with the Governor:

At-Large:

Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, S.C. 29512

Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1995, and to expire March 15, 2001:

1st Congressional District:

Mr. Orton Bellamy, 1208 13th Avenue, Conway, S.C. 29526 VICE Wanda Hendrix- Bellamy

Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1994, and to expire June 30, 1998:

2nd Congressional District:

Ms. Julie M. Dever, 321 Southampton Drive, Irmo, S.C. 29063 VICE Mollie K. DuPriest (resigned)

Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1993, and to expire June 30, 1997:

At-Large:

Mr. William J. Capers, 3244 Starlette Avenue, North Charleston, S.C. 29420- 8847 VICE Robert C. Toomey (resigned)

Reappointment, Director of the South Carolina Department of Juvenile Justice, with term to commence January 11, 1995, and to expire at the pleasure of the Governor:

Ms. Flora Brooks Boyd, 200 Patio Drive, Columbia, S.C. 29212

Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1992, and to expire June 30, 1996:

1st Congressional District:


Printed Page 2618 . . . . . Tuesday, May 9, 1995

Ms. Terrye C. Seckinger, 6 Wills Way, Isle of Palms, S.C. 29451 VICE Mollie K. DuPriest (resigned)

Initial Appointment, Director of Department of Corrections, with term to commence March 6, 1995, and to expire at the pleasure of the Governor:

Mr. Michael W. Moore, Department of Corrections, Post Office Box 21787, Columbia, S.C. 29221-1787 VICE William Douglas Catoe

Statement by Senators LAND, HAYES, STILWELL

WILLIAMS, HOLLAND, RANKIN, COURTNEY, BRYAN

McCONNELL, RICHTER, RUSSELL, SALEEBY

SETZLER, WILSON and WALDREP

We certify that we took no action nor did we vote on the Workers' Compensation appointments which would preclude our representation of a client under the provisions of Section 8-13-745.

ADJOURNMENT

At 5:40 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 2619 . . . . . Wednesday, May 10, 1995

Wednesday, May 10, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Confederate Memorial Day.
Beloved, hear works from the Epistle to the Hebrews, Chapter 11 (v. 16) (NRSV):

"But as it is, they desire a better

country, that is, a heavenly one.

Therefore, God is not ashamed to be

called their God; indeed, He has

prepared a city for them."
Let us pray.

God of the Nations, as we remember today the tragedy of our people, now more than a century and thirty years ago, we pray that our country may never again be torn asunder.

We solemnly give thanks for the memory of our forefathers, who

"True to the instincts of their birth,

Faithful to the teachings of their fathers,

Constant in their love for the State,

Suffered and died in the performance of

what they perceived to be their duty."

(Confederate Monument)

As we face our day and future days, we pray for a people like those

"Whom power could not corrupt,

Whom death could not terrify,

Whom defeat could not dishonor...

Teaching all who may claim the same birthright

that truth, courage and patriotism endure

forever." (Confederate Monument)

Grant to us in these days a new vision of the directions we should take and a total commitment to that which we feel is the Will of God, as we move toward the City of God under the banner of the Stars and Stripes. The stars are the States, the white and red stripes, the Fatherhood of God and the Brotherhood of Man.


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