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 2650, May 10 | Printed Page 2670, May 10 |

Printed Page 2660 . . . . . Wednesday, May 10, 1995

The following named Representatives voted for Mr. Rhoad:

Allison          Anderson         Bailey
Baxley Breeland Brown, H.
Brown, T. Cain Canty
Carnell Cato Cave
Chamblee Clyburn Cobb-Hunter
Cooper Cromer Dantzler
Delleney Easterday Elliott
Fair Felder Fleming
Fulmer Gamble Govan
Hallman Harrell Harris, P.
Harvin Haskins Herdklotz
Hines Hodges Huff
Hutson Inabinett Jennings
Keegan Kelley Kennedy
Keyserling Kinon Kirsh
Klauber Knotts Law
Limbaugh Limehouse Littlejohn
Lloyd Marchbanks Martin
Mason McAbee McCraw
McElveen Meacham Moody-Lawrence
Neilson Phillips Quinn
Rhoad Rice Riser
Robinson Sandifer Seithel
Sharpe Sheheen Simrill
Smith, D. Smith, R. Stille
Stoddard Stuart Thomas
Tripp Trotter Tucker

Printed Page 2661 . . . . . Wednesday, May 10, 1995

Vaughn WaldropWalker
Wells Whatley Whipper, L.
Whipper, S. Wilder Wilkes
Wilkins Williams Witherspoon
Wofford Worley Wright
Young, A. Young, J.

Total--98

The following named Representatives voted for Mr. Sachs:

Askins           Brown, J.        Byrd
Cotty Harris, J. Harrison
Howard Koon McKay
McTeer Neal Richardson
Rogers Scott Shissias
Spearman White

Total--17

RECAPITULATION

Total number of Senators voting . . 39
Total number of Representatives voting 115
Grand Total . . . . . . . . . . . . 154
Necessary to a choice . . . . . . 78
Of which Mr. Rhoad received . . . 129
Of which Mr. Sachs received . . . . . 25

Whereupon, the PRESIDENT announced that the Honorable Dennis J. Rhoad was duly elected to the Board of Visitors, The Citadel, for the At-Large position, for the term prescribed by law.

Election of Members to the Board of Trustees

for the Wil Lou Gray Opportunity School

At-Large Positions, Four-Year Term

The PRESIDENT announced that nominations were in order for three positions on the Board of Trustees for the Wil Lou Gray Opportunity School, At-Large positions, for the terms which expire in four years.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Betty Henderson of Greenwood, S.C., Mr. Vince Rhodes of West Columbia,


Printed Page 2662 . . . . . Wednesday, May 10, 1995

S.C., and Dr. Louise Scott of Florence, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the names of Ms. Betty Henderson, Mr. Vince Rhodes and Dr. Louise Scott were placed in nomination.

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

Whereupon, the PRESIDENT announced that the Honorable Betty Henderson, the Honorable Vince Rhodes and the Honorable Louise Scott were duly elected to the three positions on the Board of Trustees for the Wil Lou Gray Opportunity School, At-Large positions, for the terms prescribed by law.

At-Large Position, Two-Year Term

The PRESIDENT announced that nominations were in order for the unexpired position on the Board of Trustees for the Wil Lou Gray Opportunity School, At- Large position.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Russell Hart of Laurens, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Russell Hart was placed in nomination.

On motion of Rep. Stoddard, the 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 the Honorable Russell Hart was duly elected to the unexpired position on the Board of Trustees for the Wil Lou Gray Opportunity School, At-Large position, for the term prescribed by law.

Election to the Legislative Audit Council

Immediately following the elections of College and University Trustees, the PRESIDENT of the Senate announced that it had further convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 4173 -- Reps. Cooper, Waldrop and J. Harris: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 10, 1995, IMMEDIATELY FOLLOWING THE ELECTION OF COLLEGE AND UNIVERSITY TRUSTEES AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT


Printed Page 2663 . . . . . Wednesday, May 10, 1995

SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING FIVE SPECIFIED MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.

Seat #1

The PRESIDENT announced that nominations were in order for Legislative Audit Council, Seat #1.

Rep. Cooper announced that Mr. Harry C. "Bunt" Wilson had been found qualified.

On motion of Rep. Cooper, the name of Mr. Harry C. "Bunt" Wilson was placed in nomination.

On motion of Rep. Cooper, the 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 the Honorable Harry C. "Bunt" Wilson was duly elected to the Legislative Audit Council, Seat #1, for the term prescribed by law.

Seat #2

The PRESIDENT announced that nominations were in order for Legislative Audit Council, Seat #2.

Rep. Cooper announced that Mr. Philip F. Laughridge had been found qualified.

On motion of Rep. Cooper, the name of Mr. Philip F. Laughridge was placed in nomination.

On motion of Rep. Cooper, the 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 the Honorable Philip F. Laughridge was duly elected to the Legislative Audit Council, Seat #2, for the term prescribed by law.

Seat #3

The PRESIDENT announced that nominations were in order for Legislative Audit Council, Seat #3.

Rep. Cooper announced that Mr. J. Bennette Cornwell, III had been found qualified.

On motion of Rep. Cooper, the name of Mr. Bennette Cornwell, III was placed in nomination.


Printed Page 2664 . . . . . Wednesday, May 10, 1995

On motion of Rep. Cooper, the 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 the Honorable Bennette Cornwell, III was duly elected to the Legislative Audit Council, Seat #3, for the term prescribed by law.

Seat #4

The PRESIDENT announced that nominations were in order for Legislative Audit Council, Seat #4.

Rep. Cooper announced that Mr. Julian B. Wright and Mr. Melvin Smoak had been found qualified.

Rep. Cooper nominated Mr. Julian B. Wright.

On motion of Rep. Govan, the name of Mr. Smoak was withdrawn from consideration.

On motion of Rep. Cooper, the 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 the Honorable Julian B. Wright was duly elected to the unexpired position on the Legislative Audit Council, Seat #4, for the term prescribed by law.

Seat #5

The PRESIDENT announced that nominations were in order for Legislative Audit Council, Seat #5.

Rep. Cooper announced that Mr. Richard S. Beltram and Mr. Dill Blackwell had been found qualified.

Rep. Cooper nominated Mr. Blackwell.

On motion of Rep. Lanford, the name of Mr. Richard Beltram was withdrawn.

On motion of Rep. Cooper, the 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 the Honorable Dill Blackwell was duly elected to the Legislative Audit Council, Seat #4, for the term prescribed by law.

Election to the Old Exchange Building Commission

The PRESIDENT announced that nominations were in order for a position on the Old Exchange Building Commission.


Printed Page 2665 . . . . . Wednesday, May 10, 1995

On motion of Senator LEVENTIS, the name of Mr. James Eaves was placed in nomination.

On motion of Senator LEVENTIS, the 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 the Honorable James Eaves was duly elected to the Old Exchange Building Commission for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly and regularly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:55 P.M., the Senate resumed.

RECESS

At 12:55 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.

Point of Quorum

Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator RYBERG moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork
Courson Drummond Elliott
Gregory Hayes Holland
Land Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Short Smith, G. Smith, J.V.

Printed Page 2666 . . . . . Wednesday, May 10, 1995

Stilwell ThomasWaldrep
Williams

A quorum being present, the Senate resumed.

Presence Recorded

Senators FORD, GLOVER, JACKSON, O'DELL, PASSAILAIGUE, SETZLER, WASHINGTON and WILSON recorded their presence subsequent to the Call of the Senate.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE WITH AMENDMENTS

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 resumed consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 3

Senator ROSE proposed the following Amendment No. 3 (3666R015.MTR), which was tabled:

Amend the bill, as and if amended, page 3, by striking lines 22 through 27 and inserting in lieu thereof the following:

/Section 4-37-30. To accomplish the purposes of this chapter, counties are empowered to impose one of the following sources of revenue: a sales


Printed Page 2667 . . . . . Wednesday, May 10, 1995

and use tax as provided in item (A), a toll authorized by the county governing body to be used and imposed by an authority established pursuant to Section 4-37-10 in accordance with the provisions of item (B), or the sales and use tax provided in item (A) and the toll provided in item (B), in accordance with the provisions of item (C)./

Amend the bill further, as and if amended, page 11, after line 36, by adding the following:

/(C)(1) Notwithstanding any other provision of law, a county governing body may combine the ordinances provided in items (A) and (B) into a single ordinance for a single project and the county election commission shall place the questions on the ballot provided in items (C)(2) and (C)(3).

(2) The question which must be included in a referendum held pursuant to item (C)(1) must read substantially as follows:

`I approve a special one percent sales and use tax and a toll to be imposed in (county) for not more than (time) to fund the following project or projects:

Project (1) for $

Yes

No

Project (2) etc.'

(3) In addition, a referendum held pursuant to item (C)(1) shall contain a question on the authorization of general obligation bonds under the exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from the imposition of the optional sales and use tax and the toll may be pledged to the repayment of the bonds. The additional question must read substantially as follows:
`I approve the issuance of not exceeding $ ______________ of general obligation bonds of ___________ County, maturing over a period not to exceed _____ years to fund the _______________ project or project.

Yes _________

No _________'

If the referendum on the question relating to the issuance of general obligation bonds is approved, the county may issue bonds in an amount sufficient to fund the expenses of the project or projects.

(4) For purposes of the combined ordinance and referendum provided by this item, the provisions of item (A) relating to the sales and use tax and item (B) relating to the toll shall apply except as otherwise provided herein./


Printed Page 2668 . . . . . Wednesday, May 10, 1995

Amend the bill further, as and if amended, page 11, by deleting line 37 in its entirety and inserting the following:

/(D) It is intended that this chapter is an additional and alternative/

Amend title to conform.

Senator ROSE argued in favor of the adoption of the amendment.

Senator ROSE moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 6

AYES

Alexander         Bryan            Courson
Drummond Elliott Hayes
Holland Land Leventis
Martin McGill Moore
Patterson Peeler Rankin
Reese Russell Saleeby
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Williams

TOTAL--25

NAYS

Cork              McConnell        Mescher
Richter Rose Ryberg

TOTAL--6

The amendment was laid on the table.

Amendment No. 4

Senator ROSE proposed the following Amendment No. 4 (3666R016.MTR), which was adopted:

Amend the bill, as and if amended, page 12, after line 9, by adding an appropriately numbered new subsection to read:

/( ) The Department of Transportation must not diminish or decrease funds available to a municipality, county, or multi-county area because a


Printed Page 2669 . . . . . Wednesday, May 10, 1995

project has been funded in the municipality, county, or multi- county area pursuant to a referendum provided in this chapter./

Amend title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Leave of Absence

Upon motion of Senator MARTIN, at 2:30 P.M., Senator LANDER was granted a leave of absence for the balance of the day.

Amendment No. 5

Senator ROSE proposed the following Amendment No. 5 (3666R017.MTR), which was tabled:

Amend the bill, as and if amended, page 11, after line 42, and before the / " / by adding the following:

/( ) The Department of Transportation must give reasonable preference in distributing funds to a project for which at least twenty-five percent of the total cost of the project is funded pursuant to a referendum provided in this chapter./

Amend title to conform.

Senator ROSE explained the amendment.

Senator ROSE moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 6

Senator ROSE proposed the following Amendment No. 6 (3666R018.MTR), which was tabled:

Amend the bill, as and if amended, page 11, after line 42, and before the / " / by adding the following:

/( ) The Department of Transportation may contract with an authority to expedite the time within which the department shall provide funds for a project for which at least a part of the total cost is funded pursuant to a referendum provided in this chapter./

Amend title to conform.


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