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

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| Printed Page 4070, June 12 | Printed Page 4090, June 13-15 |

Printed Page 4080 . . . . . Monday, June 12, 1995

MOTION ADOPTED

Sense of the Senate

H. 3362

(The General Appropriation Bill)

Senator SETZLER moved that it be the Sense of the Senate that Section 82, Part II, as contained in the Senate passed version of the Bill, be the position of the Senate Conferees.

The motion was adopted unanimously.

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

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

Reappointments, Interagency Council on Hunger and Nutrition, with terms to commence April 1, 1993, and to expire April 1, 1997:

4th Congressional District:

Mrs. Lila Mae Brock, 118 Asbury Avenue, Greenville, S.C. 29601

6th Congressional District:

Ms. Pamela M. Dorman, 2110 Walden's Pond Court, Florence, S.C. 29505

Initial Appointment, Advisory Council to the Continuum of Care for Emotionally Disturbed Children, with term to commence June 30, 1993, and to expire June 30, 1997:

Private Provider:

Ms. Nancy K. Perry, 106 Dogwood Lane, Lexington, S.C. 29072 VICE Laura R. Dawson (resigned)

Initial Appointment, South Carolina Public Service Authority, with term to commence May 19, 1995, and to expire May 19, 2002, service to begin December 10, 1995:

Horry:

Ms. Frances B. Gilbert, Post Office Box 260001, Conway, S.C. 29526-2601 VICE Ralph Ellis


Printed Page 4081 . . . . . Monday, June 12, 1995

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

5th Congressional District:

Ms. Stella G. Williams, 2006 Emma Circle, Lancaster, S.C. 29720 VICE Robert Bell

6th Congressional District:

Mr. Robert M. Harrelson, Post Office Box 4, Mullins, S.C. 29574 VICE Hugh C. Gaskin, III, M.D. (resigned)

Initial Appointment, John de la Howe School Board of Trustees, with term to commence April 1, 1993, and to expire April 1, 1998:
At-Large:

Mr. Augustus Burgdorf, Post Office Box 1718, Greenwood, S.C. 29648 VICE Tommy Graham

Initial Appointment, Commission on Consumer Affairs, with term to commence September 30, 1995, and to expire September 30, 1999:
Governor's:

Mr. Gregory J. English, 6 Burdock Way, Simpsonville, S.C. 29681 VICE H. Gene McCaskill

Initial Appointments, State Board of Social Work Examiners, with terms to commence November 27, 1994, and to expire November 27, 1998:
Master:

Ms. Debra N. Ellenburg, 806 East River Street, Anderson, S.C. 29624 VICE David L. Jeffreys

Ms. Karen P. Rembert, Post Office Box 20068, Charleston, S.C. 29413-0068 VICE Martin Hope

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1992, and to expire July 1, 1998:
5th Congressional District:

Mr. Campbell D. Coxe, Skuffel Farm, Post Office Box 505, Darlington, S.C. 29532 VICE Jake Rasor, Jr. (resigned)

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

At-Large:

Mrs. Nancy D. Hawk, One Meeting Street, Charleston, S.C. 29401


Printed Page 4082 . . . . . Monday, June 12, 1995

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

At-Large:

Ms. Judith W. Cooter, 700 McDaniel Avenue, Greenville, S.C. 29605 VICE John Whitehead

Reappointments, South Carolina Arts Commission, with terms to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Larry F. Lebby, 32 DeLane Drive, Columbia, S.C. 29204

Mr. Carl R. Blair, #2 Oakleaf Drive, Greenville, S.C. 29609

Initial Appointment, Children's Trust Fund of South Carolina, with term to commence June 30, 1992, and to expire June 30, 1996:

2nd Congressional District:
Ms. Carol M. Morris, 3109 Stepp Drive, Columbia, S.C. 29204 VICE Brenda H. Council (resigned)

Initial Appointment, Children's Trust Fund of South Carolina, with term to commence July 1, 1994, and to expire June 30, 1998:

4th Congressional District:
Mrs. Carolyn E. Frederick, 326 Chick Springs Road, Greenville, S.C. 29609 VICE Frances DeLoache Ellison

Initial Appointment, South Carolina Foster Care Review Board, with terms to commence June 30, 1994, and to expire June 30, 1998:
4th Congressional District:

Ms. Mary Lynn Melton, 470 Carolina Drive, Spartanburg, S.C. 29306-4538 VICE Carolyn M. Lee (resigned)

Reappointments, South Carolina Foster Care Review Board, with terms to commence June 30, 1994, and to expire June 30, 1998:
At-Large:

Mr. James Curtis Harkness, 1911 Alan Avenue, Aiken, S.C. 29801

Initial Appointment, State Board of Barber Examiners, with term to commence June 30, 1994, and to expire June 30, 1998:

Master:

Ms. Karen J. Scott, Post Office Box 6, Pelzer, S.C. 29669-0006 VICE Thomas Brant (resigned)


Printed Page 4083 . . . . . Monday, June 12, 1995

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

4th Congressional District:

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

Initial Appointment, State Commission on Higher Education, with term to commence July 26, 1995, and to expire July 26, 1999:

At-Large:

Mr. J. Randolph Ayers, 1203 Walnut Grove - Pauline Road, Pauline, S.C. 29374 VICE Elaine T. Freeman

Initial Appointment, State Agency of Vocational Rehabilitation, with term to commence March 15, 1995, and to expire March 15, 2002:

6th Congressional District:

Ms. Deanne C. Jolly, 7421 Parkview Drive, Columbia, S.C. 29223-4870 VICE Henry Allyn Morris (resigned)

Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1995, and to expire June 30, 1999:

S.C. Bankers Assn.:

Mr. Rodney B. Scarborough, Pee Dee State Bank, 115 West Main Street, Timmonsville, S.C. 29161 VICE R. Thornwell Dunlap, Jr.

Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:
Banker:

Mr. William S. Hummers, Carolina First Bank, Post Office Box 1029, Greenville, S.C. 29602 VICE Charles A. Laffitte, Jr.

LOCAL APPOINTMENT

Confirmation

Having received a favorable report from the Jasper County Delegation, the following appointment was confirmed in open session:

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



Printed Page 4084 . . . . . Monday, June 12, 1995

MOTION ADOPTED

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert H. Carpenter of Charleston, S.C.

ADJOURNMENT

At 5:20 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet in Statewide Session on Tuesday, June 13, 1995, at 10:00 A.M., in accordance with the provisions of the Sine Die Resolution, H. 4239.

* * *


Printed Page 4085 . . . . . Tuesday, June 13, 1995

Tuesday, June 13, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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, St. Paul wrote to the Romans, Chapter 14 (vv. 11-12):

"For it is written,

`As I live, says the Lord, every

knee shall bow to me, and every

tongue shall give praise to God!'

So then, each of us will be accountable to God."
Let us pray.

O Thou, the God of Abraham, Isaac and Jacob, Who has sustained us and led us through many days:

Help us to pull together the loose ends of our business.

Guide the Executive and Judicial branches of our government that the legislative decisions and programs approved under the dome may find a worthy entrance into the life-stream of our common life.

As we plan to renovate this grand old building, and bring it to a new life for the new century, so help us to cleanse our corporate lives and, by Your help, bring forth new creations that will forge new visions and new goals for our State and Nation.

Let us pray again words that were prayed more than a century ago:

"Lest our feet stray from the places,

our God, where we met Thee;

Lest, our hearts drunk with the wine

of the world, we forget Thee;

Shadowed beneath Thy hand may we

forever stand,

True to our God, true to our

native land." (James W. Johnson, 1871)

Amen!

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


Printed Page 4086 . . . . . Tuesday, June 13, 1995

VETO SUSTAINED

(R102) S. 368 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 368, R. 102, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.

I recognize and appreciate the continued service of individuals who are otherwise eligible for retirement. However, this legislation creates a special class of individuals who would be allowed to collect retirement benefits from a state retirement fund while at the same time being paid


Printed Page 4087 . . . . . Tuesday, June 13, 1995

substantial state salaries. Other state employees who participate in state retirement systems are not offered this benefit. In addition, frequent changes in eligibility for retirement benefits undermine confidence in the state retirement systems.

For these reasons, I am returning S. 368, R. 102, without my signature.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator GIESE moved that the veto of the Governor be sustained.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Ayes 0; Nays 42

AYES

TOTAL--0

NAYS

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

TOTAL--42



Printed Page 4088 . . . . . Tuesday, June 13, 1995

The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Statement by Senators RICHTER and SHORT

We wish the Journal to reflect that we abstained from consideration of and voting on S. 368.

VETO RECONSIDERED

Having voted on the prevailing side, Senator WILSON asked unanimous consent to make a motion to reconsider the vote whereby the Senate sustained the veto of the Governor on S. 368, R102.

The motion to reconsider was adopted.

VETO OVERRIDDEN

(R102) S. 368 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.

The veto of the Governor was taken up for immediate consideration.

Senator WILSON moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Ayes 40; Nays 0



Printed Page 4089 . . . . . Tuesday, June 13, 1995

AYES

Alexander         Boan             Bryan
Cork Courson Courtney
Drummond Elliott Ford
Giese Glover Hayes
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Patterson Peeler
Rankin Reese Rose
Saleeby Setzler Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

TOTAL--40

NAYS

TOTAL--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Statement by Senators RICHTER and SHORT

We would like the Journal to reflect that we abstained from consideration of and voting on S. 368, R102.

VETO OVERRIDDEN

(R117) S. 670 -- Senator Holland: AN ACT TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM KERSHAW COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, AND PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE


Printed Page 4090 . . . . . Tuesday, June 13, 1995

PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE.


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