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 4040, June 9 | Printed Page 4060, June 12 |

Printed Page 4050 . . . . . Friday, June 9, 1995

Each of us has wrangled with the substantial amount of testimony presented to the Committee on the number of issues presented regarding Judge Rogers' qualifications. In our opinion, Judge Rogers' tremendous talents and proven success in dealing with our state's substantial juvenile delinquency and justice problems deserve recognition. In view of this and of the lack of any clear evidence of misconduct on her part, we would, therefore, find her qualified.

MINORITY REPORT:
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Rep. Ralph W. Canty

(On motion of Senator McCONNELL, ordered printed in the Journal)

ADJOURNMENT

At 10:05 A.M., on motion of Senator COURSON, the Senate adjourned to meet in statewide session on Monday, June 12, 1995, at 11:00 A.M., in accordance with the provisions of the Sine Die Resolution, H. 4239.

* * *


Printed Page 4051 . . . . . Monday, June 12, 1995

Monday, June 12, 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:

Beloved, hear the words of the 104th Psalm (vv.25-29):

"O Lord, how manifold are Your works!

In wisdom you have made all Your

creatures of the earth.

All of them look to You to give them

their food in due season.

You give it to them; they gather it;

You open Your hand, and they are

filled with good things!"
Let us pray.

Dear Lord, make our hearts and wills channels for Your Spirit to create new ways for our world.

Support us in the long, lingering, laborious hours.

Make us equal to the stress of our times.

Keep us sensitive to human need and the burdens that each of us bears.

Guide our military and our government leaders lest we sink in the bog of the swamps of Bosnia.

And here at home, show us Your mercy this day!

Amen.

MOTION ADOPTED

Executive Session

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.


Printed Page 4052 . . . . . Monday, June 12, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 1, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Ms. Donna D. Lynah, Route 1, Box 73, Pineland, S.C. 29934 VICE Ernest White

Received as information.

Leave of Absence

On motion of Senator GIESE, at 11:35 A.M., Senator RYBERG was granted a leave of absence for today.

Message from the House

Columbia, S.C., April 18, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the initial appointment:

STATEWIDE APPOINTMENT

Reappointment, State Board for Technical and Comprehensive Education, with term to commence July 1, 1994, and to expire July 1, 2000:


Printed Page 4053 . . . . . Monday, June 12, 1995

4th Congressional District:

Mr. Robert H. Chapman, III, 132 Avant Street, Spartanburg, S.C. 29302

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 908 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE YVONNE A. JACOBS OF YORK COUNTY ON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL SCHOLARSHIP FOR 1995-96 AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 909 -- Senator Peeler: A CONCURRENT RESOLUTION TO COMMEND ROBERT L. MUNGO OF LANCASTER COUNTY FOR HIS OUTSTANDING LEADERSHIP AS PRESIDENT OF THE SOUTH CAROLINA TAX COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 910 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE DAN S. JUDD OF IRMO, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1995 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.

The Concurrent Resolution was adopted, ordered sent to the House.

RECESS

At 11:35 A.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.

At 11:39 A.M., the Senate resumed.


Printed Page 4054 . . . . . Monday, June 12, 1995

RECESS

At 11:40 A.M., on motion of Senator MOORE, the Senate receded from business until 11:55 A.M.

At 11:55 A.M., the Senate resumed.

RECESS

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY

Election to the Position of Judge, Family Court

Fifth Judicial Circuit, Seat #2

whose term expires June 30, 1995;

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 the Joint Assembly had convened under the terms of a Concurrent Resolution adopted by both houses.

H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL


Printed Page 4055 . . . . . Monday, June 12, 1995

APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.

Motion Tabled

Rep. Quinn moved that all nominating speeches be waived.

Point of Order

Senator WASHINGTON raised a Point of Order that the motion to waive nominating speeches would require unanimous consent.

Reps. Howard, Williams and Quinn spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Rep. Howard moved to table the motion to waive nominating speeches.

Motion Adopted

Rep. Richardson asked unanimous consent to make a motion that the members of the House vote by electronic roll call for the contested elections.

There was no objection.

The Reading Clerk of the Senate proceeded to call the roll of the Senate.

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

Ayes 30; Nays 10

AYES

Alexander         Boan             Cork
Courtney Drummond Elliott
Ford Glover Hayes
Holland Jackson Land
Leatherman Leventis Matthews
McGill Moore O'Dell
Passailaigue Patterson Peeler
Reese Saleeby Short
Smith, G. Smith, J.V. Thomas
Waldrep Washington Williams

TOTAL--30



Printed Page 4056 . . . . . Monday, June 12, 1995

NAYS

Courson           Giese            Gregory
Martin McConnell Mescher
Richter Russell Setzler
Wilson

TOTAL--10

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

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

Ayes 57; Nays 56

AYES

Anderson         Askins           Bailey
Baxley Boan Breeland
Brown, G. Brown, J. Brown, T.
Byrd Canty Carnell
Cato Chamblee Clyburn
Cobb-Hunter Cromer Davenport
Delleney Elliott Govan
Harris, P. Harvin Hines
Hodges Howard Inabinett
Jennings Kennedy Keyserling
Kinon Klauber Lloyd
Mason McAbee McCraw
McElveen McMahand McTeer
Moody-Lawrence Neal Neilson
Phillips Rhoad Rice
Robinson Rogers Scott
Sheheen Spearman Stoddard
Tripp Whipper, L. Whipper, S.
Wilder Wilkes Williams

Total--57

NAYS

Allison          Brown, H.        Cain
Cooper Cotty Dantzler

Printed Page 4057 . . . . . Monday, June 12, 1995

Easterday FairFelder
Fleming Fulmer Gamble
Harrell Harris, J. Harrison
Haskins Herdklotz Hutson
Jaskwhich Keegan Kelley
Kirsh Knotts Koon
Law Limbaugh Limehouse
Littlejohn Marchbanks McKay
Meacham Quinn Richardson
Riser Sandifer Seithel
Sharpe Shissias Simrill
Smith, D. Smith, R. Stuart
Trotter Tucker Vaughn
Waldrop Walker Wells
Whatley Wilkins Witherspoon
Wofford Worley Wright
Young, A. Young, J.

Total--56

By a combined vote of 87 to 66, the motion to waive nominating speeches was laid on the table.

Motion Adopted

Rep. Meacham moved that nominating speeches be limited to five minutes.

Point of Order

Senator MATTHEWS raised a Point of Order that the motion to limit nominating speeches to five minutes would require unanimous consent.

The PRESIDENT overruled the Point of Order.

The question then was the motion to limit nominating speeches to five minutes.

The motion to limit nominating speeches to five minutes was adopted.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #2.


Printed Page 4058 . . . . . Monday, June 12, 1995

Senator McCONNELL, Chairman of the Judicial Screening Committee, reported on behalf of the committee that Ms. Leslie Kirkland Riddle had been screened and found qualified to serve.

Senator McCONNELL also reported on behalf of the committee that Judge Abigail R. Rogers had been screened and found unqualified to serve.

Rep. J. Brown placed the name of the Hon. Abigail R. Rogers in nomination.

The nomination of Judge Rogers was seconded.

Rep. Wright placed the name of Ms. Leslie Kirkland Riddle in nomination.

The nomination of Ms. Riddle was seconded.

Senator McCONNELL moved that the nominations be closed and that the Joint Assembly proceed to the election.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Riddle:

Alexander         Cork             Courson
Courtney Drummond Elliott
Giese Gregory Hayes
Holland Leatherman Leventis
Martin McConnell Mescher
Moore O'Dell Passailaigue
Peeler Rankin Reese
Richter Russell Setzler
Smith, G. Smith, J.V. Thomas
Waldrep Williams Wilson

TOTAL--30

The following named Senators voted for Judge Rogers:

Ford              Glover           Jackson
Land Matthews McGill
Patterson Saleeby Washington

TOTAL--9



Printed Page 4059 . . . . . Monday, June 12, 1995

Objection

Senator RICHTER asked unanimous consent that Senator RYBERG be recorded as voting in favor of Ms. Riddle.

Senator MATTHEWS objected.

The following named Representatives voted for Ms. Riddle:

Allison          Askins           Baxley
Boan Brown, H. Cain
Cato Chamblee Cooper
Cotty Dantzler Davenport
Delleney Easterday Elliott
Fair Fleming Fulmer
Gamble Harrell Harris, J.
Harris, P. Harrison Haskins
Herdklotz Hodges Hutson
Jaskwhich Jennings Keegan
Kelley Keyserling Kinon
Kirsh Knotts Koon
Law Limbaugh Limehouse
Littlejohn Marchbanks Mason
McCraw McElveen McKay
McTeer Meacham Quinn
Rice Richardson Riser
Robinson Rogers Sandifer
Seithel Sharpe Sheheen
Shissias Simrill Smith, D.
Smith, R. Spearman Stoddard
Stuart Thomas Townsend
Tripp Trotter Tucker
Vaughn Waldrop Walker
Wells Whatley Wilder
Wilkins Witherspoon Wofford
Worley Wright Young, A.
Young, J.

Total--82

The following named Representatives voted for Judge Rogers:

Anderson         Bailey           Beatty
Breeland Brown, G. Brown, J.
Brown, T. Byrd Canty
Carnell CaveClyburn
Cobb-Hunter Govan Harvin
Hines Howard Inabinett
Kennedy Lloyd McAbee
McMahand Moody-Lawrence Neal
Neilson Rhoad Scott
Whipper, L. Whipper, S. Williams

Total--30


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