Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 3010, May 22 | Printed Page 3030, May 22 |

Printed Page 3020 . . . . . Wednesday, May 22, 1996

The following named Representatives voted for Ms. Reddix-Smalls:
Anderson            Breeland            Brown, G.
Brown, J.           Byrd                Clyburn
Govan               Hines, J.           Hines, M.
Howard              Inabinett           Lee
McMahand            Moody-Lawrence      Neal
Scott               Whipper, L.         Whipper, S.
Wilkes              Williams
Total--20

The following named Representatives voted for Ms. Thomas:

Allison              Askins               Bailey
Baxley               Boan                 Brown, H.
Brown, T.            Cain                 Cato
Chamblee             Cooper               Cotty
Cromer               Dantzler             Delleney
Easterday            Felder               Fleming
Fulmer               Hallman              Harrell
Harris, J.           Harvin               Herdklotz
Hodges               Hutson               Jaskwhich
Jennings             Keegan               Kelley
Kinon                Klauber              Knotts
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Marchbanks
Martin               McCraw               McKay
Meacham              Neilson              Quinn
Rice                 Richardson           Riser
Sandifer             Seithel              Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Wells
Whatley              Wilkins              Witherspoon
Wright               Young                Young-Brickell
Total--69

RECAPITULATION

Total Number of Senators voting. . . . .44
Total Number of Representatives voting. . . . .112


Printed Page 3021 . . . . . Wednesday, May 22, 1996

Grand Total. . . . .156

Necessary to a choice. . . . .79

Of which Mr. Armstrong received. . . . .36

Of which Ms. Reddix-Smalls received. . . . .26

Of which Ms. Thomas received. . . . .94

Whereupon, the PRESIDENT announced that the Honorable Paula H. Thomas was elected Judge, Circuit Court, At-Large, Seat #1, for the term prescribed by law.

Election of a Successor to the Position of Judge

9th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to fill the position of Judge, 9th Judicial Circuit.

Rep. F.G. Delleney, Jr., Chairman of the Judicial Screening Committee, indicated that Mr. Dale L. DuTremble, Mr. Joseph S. Mendelsohn, Mr. Daniel F. Pieper, Mr. William L. Runyon, and Mr. James A. Turner had been screened and found qualified to serve.

On motion of Rep. Delleney, the names of Mr. Dale L. DuTremble and Mr. Daniel F. Pieper were placed in nomination.

On motion of Rep. Delleney, the names of Mr. Joseph S. Mendelsohn, Mr. William L. Runyon, and Mr. James A. Turner were withdrawn from consideration.

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. DuTremble:

Cork                 Fair                 Gregory
Land                 Lander               Russell
Setzler              Short                Washington
TOTAL--9

The following named Senators voted for Mr. Pieper:

Alexander            Boan                 Bryan
Courson              Courtney             Drummond
Elliott              Ford                 Giese
Hayes                Holland              Hutto
Jackson              Leatherman           Martin
Matthews             McConnell            McGill

Printed Page 3022 . . . . . Wednesday, May 22, 1996

Mescher              Moore                O'Dell
Passailaigue         Patterson            Peeler
Rankin               Reese                Richter
Rose                 Ryberg               Saleeby
Smith, G.            Smith, J.V.          Thomas
Waldrep              Wilson               
TOTAL--35

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

The following named Representatives voted for Mr. DuTremble:

Baxley               Cain                 Cotty
Cromer               Fulmer               Hallman
Hodges               Jennings             Keegan
Kirsh                Lanford              Limehouse
Martin               McAbee               Richardson
Rogers               Seithel              Simrill
Spearman             Tripp                Tucker
Wright
Total--22

The following named Representatives voted for Mr. Pieper:

Allison              Anderson             Bailey
Boan                 Breeland             Brown, G.
Brown, H.            Brown, J.            Byrd
Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Dantzler             Davenport
Delleney             Easterday            Felder
Fleming              Gamble               Govan
Harrell              Harris, J.           Harvin
Herdklotz            Hines, J.            Hines, M.
Howard               Hutson               Inabinett
Jaskwhich            Kelley               Keyserling
Kinon                Klauber              Knotts
Koon                 Law                  Lee
Limbaugh             Littlejohn           Lloyd
Loftis               Marchbanks           Mason

Printed Page 3023 . . . . . Wednesday, May 22, 1996

McCraw               McElveen             McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Quinn                Rhoad
Rice                 Riser                Robinson
Sandifer             Scott                Sharpe
Shissias             Smith, D.            Smith, R.
Stille               Stoddard             Stuart
Townsend             Trotter              Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Whipper, S.
White                Wilder               Wilkes
Wilkins              Williams             Witherspoon
Wofford              Young                Young-Brickell
Total--90

RECAPITULATION

Total Number of Senators voting. . . . .44
Total Number of Representatives voting. . . . .112
Grand Total. . . . .156

Necessary to a choice. . . . .79

Of which Mr. DuTremble received. . . . .31

Of which Mr. Pieper received. . . . .125

Whereupon, the PRESIDENT announced that the Honorable Daniel F. Pieper was elected Judge, 9th Judicial Circuit, for the term prescribed by law.

Election of a Successor to the Position of Judge

Family Court, 13th Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to fill the position of Judge, Family Court, 13th Circuit, Seat #1.

Rep. F.G. Delleney, Jr., Chairman of the Judicial Screening Committee, indicated that Mr. Stephen S. Bartlett and Mr. Timothy L. Brown had been screened and found qualified to serve.

On motion of Rep. Delleney, the names of Mr. Stephen S. Bartlett and Mr. Timothy L. Brown were placed in nomination.


Printed Page 3024 . . . . . Wednesday, May 22, 1996

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. Bartlett:

Boan                 Courson              Elliott
Fair                 Hayes                Leatherman
Martin               McConnell            Rose
Russell              Smith, J.V.          Thomas
Wilson               
TOTAL--13

The following named Senators voted for Mr. Brown:

Alexander            Bryan                Cork
Courtney             Drummond             Ford
Giese                Glover               Gregory
Holland              Hutto                Jackson
Land                 Lander               Matthews
McGill               Mescher              Moore
O'Dell               Passailaigue         Patterson
Peeler               Rankin               Reese
Richter              Ryberg               Saleeby
Setzler              Short                Smith, G.
Waldrep              Washington           
TOTAL--32

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

The following named Representatives voted for Mr. Bartlett:

Allison              Anderson             Baxley
Boan                 Brown, H.            Brown, J.
Cain                 Cato                 Chamblee
Clyburn              Cooper               Delleney
Easterday            Felder               Fleming
Gamble               Harrell              Harvin
Hines, M.            Jennings             Keegan
Kelley               Kinon                Klauber
Knotts               Lanford              Law
Lee                  Limbaugh             Limehouse

Printed Page 3025 . . . . . Wednesday, May 22, 1996

Littlejohn           Marchbanks           Martin
Mason                McAbee               McCraw
McKay                Meacham              Neilson
Quinn                Rhoad                Rice
Riser                Robinson             Sandifer
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Wilkins              Witherspoon
Wright               Young                Young-Brickell
Total--66

The following named Representatives voted for Mr. Brown:

Askins               Bailey               Breeland
Brown, T.            Byrd                 Canty
Carnell              Cave                 Cobb-Hunter
Cotty                Cromer               Dantzler
Davenport            Govan                Hallman
Harris, J.           Hines, J.            Hodges
Howard               Hutson               Inabinett
Jaskwhich            Keyserling           Kirsh
Koon                 Lloyd                Loftis
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Phillips
Richardson           Rogers               Scott
Shissias             Stille               Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Williams
Wofford              
Total--46

RECAPITULATION

Total Number of Senators voting. . . . .45
Total Number of Representatives voting. . . . .112
Grand Total. . . . .157

Necessary to a choice. . . . .79

Of which Mr. Bartlett received. . . . .79


Printed Page 3026 . . . . . Wednesday, May 22, 1996

Of which Mr. Brown received. . . . .78

Whereupon, the PRESIDENT announced that the Honorable Stephen S. Bartlett was elected Judge, Family Court, 13th Judicial Circuit, for the term prescribed by law.

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

At 12:40 P.M., the Senate reconvened.

RECESS

At 12:41 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:05 P.M., and was called to order by the PRESIDENT.

RECESS

At 2:05 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed ten minutes.

At 2:15 P.M., the Senate resumed.

Point of Quorum

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

Call of the Senate

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

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Ford                 Giese
Glover               Gregory              Hayes
Holland              Hutto                Jackson
Land                 Lander               Leventis
Martin               Matthews             McConnell
McGill               Mescher              Moore
O'Dell               Passailaigue         Patterson

Printed Page 3027 . . . . . Wednesday, May 22, 1996

Peeler               Rankin               Reese
Richter              Rose                 Russell
Ryberg               Saleeby              Setzler
Short                Smith, G.            Smith, J.V.
Thomas               Waldrep              Washington
Wilson               
A quorum being present, the Senate resumed.

Presence Recorded

Senators LEATHERMAN, FAIR and ELLIOTT recorded their presence subsequent to the Call of the Senate.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1939
Promulgated by Board of Education
R. 43-163. Administrative Personnel Compensation Guide and Contracts (Repeal)
Received by Lt. Governor May 22, 1996
Referred to Senate Committee on Education
120 day review expiration date September 19, 1996
(Subject to Sine Die Revision)

Document No. 1945
Promulgated by Board of Education
43-205. Administrative and Professional Personnel Qualifications, Duties and Workloads.
Received by Lt. Governor May 22, 1996
Referred to Senate Committee on Education
120 day review expiration date September 19, 1996
(Subject to Sine Die Revision)

Document No. 2028
Promulgated by Board of Education
43-274. Student Attendance
Received by Lt. Governor May 21, 1996
Referred to Senate Committee on Education


Printed Page 3028 . . . . . Wednesday, May 22, 1996

120 day review expiration date September 18, 1996
(Subject to Sine Die Revision)

Document No. 2045
Promulgated by Department of Transportation
63-338. Specific Information Service Signing
Received by Lt. Governor May 22, 1996
Referred to Senate Committee on Transportation
120 day review expiration date September 19, 1996
(Subject to Sine Die Revision)

S. 1081--CONFERENCE COMMITTEE APPOINTED

S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

Whereupon, the PRESIDENT appointed Senators PATTERSON, HAYES and CORK of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H.3961 -- FREE CONFERENCE POWERS GRANTED

FREE CONFERENCE COMMITTEE APPOINTED REPORT OF

THE COMMITTEE OF FREE CONFERENCE ADOPTED

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530,


Printed Page 3029 . . . . . Wednesday, May 22, 1996

AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE
Printed Page 3030 . . . . . Wednesday, May 22, 1996

FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.


| Printed Page 3010, May 22 | Printed Page 3030, May 22 |

Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 1:59 P.M.