Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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Printed Page 5920 . . . . . Wednesday, May 11, 1994
and was admitted to practice law in 1963. Johnny Waller served for 10 years in this Body and for almost four years in the Senate. In 1980 he was elected to fill the unexpired term of then Judge Harwell as Judge of the Twelfth Judicial Circuit. He has served in that capacity with great distinction for the last 14 years. Judge Waller is married to Debbie Meares Waller and has four children. He has been an active member in the Methodist Church in Mullins all his life. He has been involved in various community and civic activities - far too many to mention today. Suffice it to say Johnny Waller has given back a great deal to his community. Because he has ably served as a Circuit Court judge for the past 14 years, holding court in almost every county of this State, Judge Waller has a track record. He is a known quantity. Because of this record we know that Judge Waller is impeccably honest. We know he is fair and even-handed, but even more important, Judge Waller brings, I think, a degree of humility and common sense to the bench. Some 9 years ago, I was involved in taking my son's third grade class on a field trip. We took them to City Hall and to the jail in Greenville and then to the Court House. We went into the courtroom where Judge Waller had been presiding. I hardly knew him then, but since they were taking a break in the courtroom I asked him if he would speak to the class. Judge Waller took that opportunity to make a real impression on those kids. He took his time with them. He took probably 30 minutes out of his busy schedule, put his robe on, sat on the bench and talked with them about the judicial system. And I can remember that he spoke about the robe that he wore and the symbol of the robe and why judges wore robes and the authority it stood for. But also not only the authority, but the responsibility that came with wearing that robe. That very grave responsibility to mete out justice in a fair and impartial and even-handed way. And I'll tell you Judge Waller, you made an impression on those kids that day. You made an impression on those parents and those teachers, and you certainly made an impression on me. That shows you the type of individual that Johnny Waller is. He's a genuine, good person. His robe hasn't gotten too heavy for him. He hasn't gotten too important or too busy to spend a few minutes trying to make a positive impression on a bunch of third graders. So today is a big day. It's a red letter day. It's a day that we have the opportunity not only to put a qualified, experienced judge on the Supreme Court, but also an opportunity to put a real genuine, quality individual on the highest court in our State. I know that Judge Waller will continue to render outstanding service to the judicial system in South Carolina as a member of the Supreme Court. He has made us proud of him and he will continue to
Printed Page 5921 . . . . . Wednesday, May 11, 1994
make us proud of him. So it is with a great deal of pride that I nominate John Henry Waller, Jr. for position of Associate Justice of the Supreme Court."

Representatives ELLIOTT, HARWELL, HOUCK, HASKINS, NEILSON, HINES, McMAHAND, BAILEY, YOUNG, SMITH, HUTSON, HUFF, CHAMBLEE, MATTOS, MEACHAM, Senators Rankin, Mitchell, Leatherman, Giese, Waldrep, Courtney, Washington, Matthews, Elliott, Representative FARR, Senators Williams, Rose, Representatives BEATTY, MARCHBANKS, GRAHAM, SNOW, KELLEY, BAXLEY, JENNINGS, WHITE, WOFFORD, FELDER, KLAUBER, Senator McGill, Representatives McLEOD, WILKINS, BROWN, Senator Lander, Representatives HOLT, HARRELL, Senator Richter, Representatives HALLMAN, WORLEY, MARTIN, WITHERSPOON, SHARPE, WRIGHT, RISER, Senator O'Dell, Representatives GOVAN, ROBINSON and McELVEEN seconded the nomination of Judge Waller.

On motion of Rep. HODGES, 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 John H. Waller, Jr., was duly elected for the term prescribed by law.

RECORD FOR VOTING

I would like to be recorded as voting for John Kinard, Jr., for the S.C. Supreme Court.

Rep. CANDY Y. WAITES

ELECTION OF A FAMILY COURT JUDGE,

FIFTH JUDICIAL CIRCUIT, SEAT 4

The President announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 4.

Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had been screened and found qualified: Steven D. Dennis, Barbara M. Heape, Francenia B. Heizer, Leslie Kirkland Riddle, Donna S. Strom, and H. Bruce Williams.

Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had withdrawn their names as candidates: Steven D. Dennis, Francenia B. Heizer, and H. Bruce Williams.

Printed Page 5922 . . . . . Wednesday, May 11, 1994
Rep. QUINN withdrew Barbara M. Heape as follows:

"A few minutes ago, I received a letter from Barbara Heape and she would like to withdraw her name as a candidate for Family Court Judge and she has a letter that she would like for me to read...to members of the General Assembly, I respectfully withdraw my name for consideration for the position of Family Court Judge for the Fifth Judicial Circuit. I would like to thank all of you for your kindness that you have shown me in the last three months. I am glad that I had the opportunity to participate in this process because I have learned now how hard working all of you are. I will continue working for the Attorney General knowing that the State of South Carolina is in the good hands of dedicated legislators. I wish all of the other candidates the best luck as any one of them would make a fine Family Court Judge, Sincerely, Barbara Heape. Thank you."

Rep. WRIGHT withdrew Leslie Kirkland Riddle as follows:

"Ladies and gentlemen of the Joint Assembly...I am here today to do something that I haven't done before. I have had the privilege of being up here before for many candidates that have been running for office. I have won some outright, lost some outright. I have even won and lost the same race at the same time on the same day in this Joint Assembly a couple of years ago if you remember. My purpose here today is to talk to you about Leslie Kirkland Riddle who has been running, as you know, for the position of Family Court in Richland County. I have worked for underdogs before and she qualifies as one. She was an unknown when she came to the House and Senate to campaign for this position. She had some very competent people running against her and it has been a very spirited race as you know. I have come to appreciate a number of people that I didn't really know before. And to the members of the Senate who are in here today, Senator Holland and Senator Land, who worked very hard for Leslie and Senator Jackson who I have come to respect greatly, thank you very much for everything that you have done for Leslie in the Senate. In the House, we had a number of people working on our behalf in Henry Brown and Annette Young and Sandi Wofford. They were working hard for us. And for Frannie Heizer, who is somebody, and if you know the history of Columbia, you will know that there has been friction from time to time over annexation and Frannie is on City Council and along with Mayor Coble, I have come to know them in a different light and appreciate them and feel that we can converse with them and I respect them and Representative Waites who worked very hard for her. She has withdrawn, too. Leslie Kirkland Riddle grew up around the corner from me in Whitehall and is somebody that I have known since she

Printed Page 5923 . . . . . Wednesday, May 11, 1994
was, I guess prior to high school, she dated my brother for a couple of years, she was a cheerleader, a Clemson graduate and has been very active in professional work in Richland County. She has been an Assistant Solicitor, she has been in every part of what Family Court is about. She is extremely qualified. I have been very proud of watching her down here. She is vibrant, dedicated, knowledgeable, friendly and funny and she will be back. Her husband, Dayton, is here with her today, along with Pat and Henry, who helped raise her and did a very good job and are very proud of her and what she is all about. But, to notify you that we are withdrawing her name from nomination and we appreciate all the courtesy extended to us in the Senate and House. To Donna and Pete, congratulations to you and at this time, I would withdraw Leslie and move that the nominations come to a close and she be elected by acclamation."

Rep. SCOTT nominated Donna S. Strom as follows:

"Mr. President, Mr. Speaker, members of the Joint Assembly...It is indeed an honor on behalf of the Committee who has worked very hard to place in nomination for Family Court Judge in the Fifth Judicial Circuit, Donna S. Strom. Donna is a graduate of Salem College of Winston-Salem, North Carolina in 1981, receiving her Bachelor's Degree in History, Political Science and Sociology and graduated cum laude. She is also a graduate of the University of South Carolina Law School, receiving her Juris Doctorate Degree in May of 1984. From the beginning of her legal career, she has been a leader having been elected Vice President of the Student Bar Association at the University of South Carolina School of Law. Served as law clerk to The Honorable Jonathan McKown, Circuit Judge of the 7th Judicial Circuit. Joined team of staff attorneys at the Department of Social Services and has dedicated her career to helping children and families of our State. She has had a tremendous part in the efforts to collect $90 million in child support this past year alone and to locate nearly 40,000 deadbeat parents last year alone. She has coordinated activities between her department and the Richland County Solicitor's Office in the areas of juvenile justice and child abuse and neglect. She is responsible for such public awareness activities as the Ten Most Wanted poster project to bring irresponsible parents to justice. She has served as liaison to the clerks of court and sheriffs' departments statewide. She knows how the judicial system should run. She worked with the American Bar Association to implement a program in Richland and Kershaw Counties to provide easy access to the courts for people without lawyers. She has tried hundreds of cases in counties statewide and is an active member of the South Carolina Trial Lawyers

Printed Page 5924 . . . . . Wednesday, May 11, 1994
Association. She serves on the Children's Committee of the SC Bar as well as the Pro Bono Program of the SC Bar. In our own body, she worked tirelessly along with other members of the Welfare Reform Task Force to address the problems associated with our welfare system and the people who are caught up in it. Her efforts and care do not stop with her professional tasks. She has been a devoted member of Children Unlimited, a private adoption agency which places for adoption special needs children. She is a wife, a mother, a sister and a daughter. It is a pleasure to nominate her and I place her name in nomination and ask that Donna S. Strom be elected by acclamation. Thank you."

Representatives CROMER, WILKINS, GAMBLE, STODDARD, MARCHBANKS, Senator Ryberg, Representative SIMRILL, Senator Hayes, Representative HARWELL, Senators Elliott, Rankin, Representatives ASKINS, MOODY-LAWRENCE, Senators Courson, Waldrep, Matthews, Washington, Representatives NEILSON, HINES, M.O. ALEXANDER, McMAHAND, HUFF, CHAMBLEE, G. BROWN, McLEOD, McCRAW, MATTOS, R. SMITH, BEATTY, DAVENPORT, SNOW, WALDROP, WHITE, FELDER, KLAUBER, CARNELL, McABEE, Senator McGill, Representatives KENNEDY, INABINETT, HARVIN, GOVAN, COBB-HUNTER, SHISSIAS, HARRELL, Senators Richter, Passailaigue, Representatives WILKES, BYRD, NEAL, J. BROWN, SCOTT, Senator Elliott, Representative McELVEEN, Senators Mitchell, Moore, J. Verne Smith, Rankin and Representative SPEARMAN seconded the nomination of Donna Strom.

On motion of Rep. WRIGHT, 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 Mrs. Donna S. Strom was duly elected for the term prescribed by law.

RECORD FOR VOTING

I would like to be recorded as voting for Frannie Heizer for the Family Court judge from the Fifth Judicial Circuit, Seat 4.

Rep. CANDY Y. WAITES

ELECTION OF A FAMILY COURT JUDGE,

FOURTEENTH JUDICIAL CIRCUIT, SEAT 2

The President announced that nominations were in order for a Family Court Judge, Fourteenth Judicial Circuit, Seat 2.

Printed Page 5925 . . . . . Wednesday, May 11, 1994
Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had been screened and found qualified: Harris L. Beach, Jr., Jane Dowling Fender, William E. Myrick, Jr., Walter H. Sanders, Jr. and Gerald C. Smoak, Jr.

Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had withdrawn their names as candidates: William E. Myrick, Jr., and Walter H. Sanders, Jr.

Rep. ROGERS withdrew Harris L. Beach, Jr., as a candidate.

Rep. HODGES withdrew Gerald C. Smoak, Jr., as a candidate.

Rep. KEYSERLING nominated Jane Dowling Fender as follows:

"Mr. President, Mr. Speaker, members of the Joint Assembly...It is an honor for me today to place in nomination the name of Jane Dowling Fender from Beaufort for the Family Court, Fourteenth Circuit. If you understood yiddish and if I could use only one word, I would use mensch, Good person, Good throughout. Before Jane ever considered becoming an attorney, she lived a full life and therefore, brings a broad spectrum of experience. She was a wife, a schoolteacher, she owned a small business, worked as a paralegal, went through a divorce. Having been through that, she entered law school and became an attorney. Since then she has spent 95 percent of her practice in the Family Court. Jane Dowling Fender is committed, qualified, competent, compassionate and is fair. I put the name of Jane Dowling Fender in nomination and ask that she be elected by acclamation."

Representatives WHITE, COBB-HUNTER, Senator McGill, Representatives KENNEDY, HARRELSON, HALLMAN, KLAUBER, RICHARDSON, WRIGHT, SNOW, GOVAN, Senator Cork, Representatives WILKES, NEAL, BYRD, J. BROWN, D. WILDER, RISER, WELLS, CLYBORNE, LITTLEJOHN, McMAHAND, COOPER, NEILSON, G. BAILEY, MOODY-LAWRENCE, ASKINS, Senators Drummond, Giese, Washington, Representatives BEATTY, R. YOUNG, SHISSIAS, McELVEEN and Senator Mitchell seconded the nomination of Jane Dowling Fender.

On motion of Rep. HODGES, 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 Jane Dowling Fender was duly elected for the term prescribed by law.

Printed Page 5926 . . . . . Wednesday, May 11, 1994
JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:45 P.M. the House resumed, the SPEAKER in the Chair.

HOUSE RECEDES

The House receded until 2:15 P.M.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.

H. 4306--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

The Senate amendments were agreed to, and the Joint Resolution, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Printed Page 5927 . . . . . Wednesday, May 11, 1994
H. 4321--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.

Rep. GONZALES proposed the following Amendment No. 2, which was ruled out of order.

Amend SECTION 2 to read:

SECTION 2. Section 5-3-240 of the 1976 Code is amended to read:

"For the purposes of Sections 5-3-20, 5-3-50, and 5-3-160 150 to 5-3-240, a the following provisions shall apply:

(A) A `Freeholder' is defined as any person eighteen years of age, or older, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights and future interests) and who owns, at the date of the petition or of the referendum, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate, not including real estate exempt from taxation. The assessed value of real estate of owners of less than an undivided one-tenth interest in a tract shall not be included for purposes of calculations under these sections.

(B) The county tax records shall include the records of the auditor, assessor, and treasurer as of December 31 of the year preceding the date the first signature is obtained on a petition or upon which an election is scheduled to be held, supplemented by the records of the clerk of court and register of mesne conveyance as to later conveyances.

(C) Each signature on a petition shall bear the date on which it was obtained and the petition shall be considered to be dated as of the date entered on the body of the petition or the date the first signature is obtained, whichever is earlier. A signatory on a freeholder petition must be a freeholder as of the date on which the freeholder's signature is affixed.

Printed Page 5928 . . . . . Wednesday, May 11, 1994
(D) Petitions must be acted upon not later than one year from the date of the petition or else considered abandoned.

Add SECTION 3 to read:

SECTION 3. Section 1 of this act takes effect upon approval by the Governor. Section 2 of this act takes effect on July 1, 1994, and applies to all elections held or petitions dated on or after that date.

Amend title to conform.

Rep. GONZALES explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 2 was out of order as it was not germane as the Bill dealt with police jurisdiction and the amendment dealt with boundaries.

Rep. GONZALES argued contra the Point in stating that they both dealt with boundaries.

The SPEAKER stated that the amendment dealt with a form of annexation by petition and he sustained the Point of Order and ruled the amendment out of order.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4070--NONCONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration.

H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

Printed Page 5929 . . . . . Wednesday, May 11, 1994
H. 4691--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

Reps. BOAN and J. HARRIS proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\JIC\6019HTC.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. The borrowing authority and limitation of thirty-five million dollars set forth in Section 1-1-1020 of the 1976 Code, as amended, is increased to thirty-five million five hundred thousand dollars beginning on the effective date of this section and ending December 31, 1995. The five hundred thousand dollar increase in borrowing authority is to be used exclusively for initiating the State House Renovation Project which shall include, but not be limited to, payment of architectural and engineering fees and the costs associated with the transition of State House occupants to, location of, and renovation of an alternate location. All funds borrowed under this authorization must be repaid, with interest, in a lump-sum payment as soon as monies are made available through a regular or supplemental appropriation authorization./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\PT\1289AC.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. All agencies of the legislative department are exempt from the appropriations transfer restrictions of Section 129.13, Act 164 of 1993, the General Appropriations Act for fiscal year 1993-94./

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