1995 Permanent House Journal Printed Pages 3830-3839 - South Carolina Legislature Online

Journal of the House of Representatives
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 3820, May 23 | Printed Page 3840, May 23

Printed Page 3830 . . . . . Tuesday, May 23, 1995

Judge Rogers is very active in professional and community activities. She has been the recipient of several awards including:

(a) ABA "Outstanding Young Jurist" (1994);
(b) U.S.C. 1994 Distinguished Black Alumni;

(d) University of South Carolina's 1992 Distinguished Young Alumni.
(9) Ethics:
Judge Rogers reported on her application materials that she has spent $1,395.22 on her campaign.
Judge Rogers testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Rogers meets the constitutional and statutory requirements for the offices she seeks.
While the Bar found Judge Rogers qualified, it noted a number of concerns. The Bar's report is as follows:
Most of those interviewed feel that she is of good character and integrity.
Opinions as to the extent of her knowledge of the law were mixed. Initially, Judge Rogers had very little experience in Family Court. Of grave concern were a series of incarcerations of status offenders. It is generally conceded that she has improved in her knowledge of the law.
Concerns were expressed by some of those interviewed as to her judicial temperament. Some lawyers felt that she was fair and courteous; others felt that she was discourteous to both lawyers and litigants.
The greatest number of concerns were expressed about her consistent failure to be on the bench when court was scheduled to start (usually being very late) and her frequent absences from the bench during times when matters were scheduled. This behavior is perceived as disrespectful of litigants, witnesses, and lawyers (particularly because explanations were not offered) and is disruptive to efficient disposition of matters and movement of the docket. It was described by some as a failure to manage her courtroom.
Numerous concerns were expressed as to her tardiness in deciding cases and producing orders. In one instance the South Carolina

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Supreme Court ordered her to file an order in a case; Judge Rogers complied immediately.
There was testimony that Judge Rogers has been the victim of a conspiracy to defeat her bid for re-election, but these allegations lacked specificity and substance and the majority found no evidence of such a conspiracy. There were certainly conversations among members of the Bar and public about Judge Rogers' qualifications for judicial office. Such conversations do not constitute a conspiracy, however, because they do not involve plans for illegal or improper activity.
The majority feels that Judge Rogers is not the first judge to be tardy, late with matters under advisement, or to have lost her temper and acted imprudently. However, in its collective memory, the majority has no recollection of any candidate who when confronted with a substantial body of evidence in contradiction, including testimony from a number of disinterested witnesses, either always shifted the blame or failed to account for her own behavior. This presents problems to a committee called upon to administer oaths and prepare accurate accounts of qualifications, and the majority believes that such behavior is repugnant to public service in general and service on the bench or as a role model in particular. Based on the totality of the circumstances, including the evidence herein, the admissions, and the veracity of Judge Rogers under oath, the majority has no option other than to find her not qualified and to reopen the Joint Committee's process for the acceptance of applications.

MAJORITY REPORT:
/s/Senator Glenn F. McConnell, Chairman
/s/Senator John R. Russell
/s/Rep. F. Greg Delleney, Jr., Vice-Chairman
/s/Rep. Paula H. Thomas
/s/Rep. W. Douglas Smith

The Honorable Abigail R. Rogers
Dissenting Opinion
We, the undersigned minority of the Judicial Screening Committee, would find that Judge Abigail R. Rogers is qualified for continued service on the Family Court bench for the Fifth Judicial Circuit. While we are concerned by testimony that she has not always been punctual in her service on the bench, we are not prepared to find her unqualified on this issue as lack of punctuality plagues many of the members of the bench as a whole. In view of the majority's insistence on Judge Rogers' adherence

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to punctuality, we would expect the Committee, as a whole, to insist upon punctuality of all judges who will be screened in the future, and by copy of our opinion, serve notice upon members of the bench that punctuality is expected of all judges. We are also aware of testimony given to the Committee that at times Judge Rogers appeared to make decisions without benefit or resort to pleadings or affidavits filed with her court. In our opinion, we would find that this seeming lack of attention is more a matter of appearance than reality, and would encourage all judges to ensure that litigants understand that the court has given their cases careful attention, whether such attention is given in the courtroom or in chambers. The majority of the Committee appear to be most troubled by inconsistencies in Judge Rogers' testimony and testimony of those who alleged that she threatened arrest and/or service of a bench warrant if her former secretary did not return to her employ. We would find that many of the witnesses who testified before the Committee have diminished recollections of events which occurred nearly two years ago. We also would find that many of these witnesses appeared to have interconnecting interests which leads us to believe that their testimony was geared more toward unseating Judge Rogers than assisting the Committee in determining a true account of what occurred two years ago.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 533:
S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 3833 . . . . . Tuesday, May 23, 1995

CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 703:
S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

Printed Page 3834 . . . . . Tuesday, May 23, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Initial Appointment, State Ethics Commission, with term to commence June 30, 1995, and to expire June 30, 2000:

At-Large:

Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Adriene B. Wright

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 844 -- Senators McConnell, Passailaigue, Rose and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO DIRECT THE GENERAL SERVICES ADMINISTRATION TO TRANSFER OWNERSHIP OF THE REMAINS OF THE ATTACK SUBMARINE THE HUNLEY TO THE STATE OF SOUTH CAROLINA FOR ENSHRINEMENT AT THE NAVAL MARINE MUSEUM IN PATRIOT'S POINT, SOUTH CAROLINA.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.

Ordered for consideration tomorrow.

Printed Page 3835 . . . . . Tuesday, May 23, 1995

SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.

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.

SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

Rep. McTEER explained the Senate amendment.

SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF

Printed Page 3836 . . . . . Tuesday, May 23, 1995

THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES REDUCED RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED REDUCED RATES OF THAT PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES.

Rep. CATO explained the Senate amendment.

SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN

Printed Page 3837 . . . . . Tuesday, May 23, 1995

RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.

Rep. ROBINSON explained the Senate amendment.

Printed Page 3838 . . . . . Tuesday, May 23, 1995

On motion of Rep. HARRISON the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

HOUSE RESOLUTION

On motion of Rep. McELVEEN, with unanimous consent, the following was taken up for immediate consideration:

H. 4236 -- Rep. McElveen: A HOUSE RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL BOYS' TRACK TEAM UPON WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP AND TO ALLOW THE TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 24, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the House of Representatives are delighted to learn the Sumter High School Boys' Track Team recently won the 1995 Class AAAA State Championship; and

Whereas, for the second time in three years the Gamecocks have captured the Class AAAA State Championship; and

Whereas, they also tied for third place in the 1994 State Championship and placed second in the 1995 Reebok/Taco Bell Southeast Regional Meet; and

Whereas, led by Head Coach Rutledge Dingle, Assistant Coach Steve Robinson (horizontal jumping), and Assistant Coach Karen Kirkpatrick (distance runners) are to be commended for their outstanding contributions; and

Printed Page 3839 . . . . . Tuesday, May 23, 1995

Whereas, during the eliminations for this year's state championship, the Sumter High School Track Team's diligent efforts throughout the season paid off by qualifying for every event, other than the 3200 meter run; and

Whereas, each member of the team contributed to its overwhelming success, and individuals who earned points at the State Meet deserve special mention: Eddie Neufville - 1st, 110 m hurdles (14.1) and 1st, 400 m hurdles (53.02-State Record); Garon Jackson - 1st, 1600 m (4:22) and 1st, 800 m (1:56.2); Kenny Franklin - 1st, Long Jump (23' 10"), 2nd, Triple Jump, and 2nd, 200 m; Corey Richardson - 1st, High Jump (6' 7"); Cleveland Pinckney - 2nd, Shot Put and 2nd, Discus; Mike Seth - 2nd, 100 m; Danny Dollar - 3rd, Pole Vault; Antrone Williams - 5th, Discus; Jay Howle - 5th, 800 m; Joe Silva - 5th, 400 m; and Melvin Savoy, Mike Seth, Isaac Van Buren, Glenn Young, David Hudson, and Eddie Neufville - 3rd, 4 x 100 Relay.

Whereas, Eddie Neufville's performance in the 400 meter hurdles is one to be remembered as he turned in the second fastest time in the United States this year; and

Whereas, Kenny Franklin's performance in the long jump earned him the fourth best jump in the United States this year; and

Whereas, the many honors received by the Gamecocks and their incredible success is the result of their hard work, dedication, and desire to win; and

Whereas, the Boys' Track Team, by capturing this State Championship, has brought honor and distinction not only to the students, faculty, and staff of Sumter High School, but also to Sumter County and the Palmetto State. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, commend and congratulate the Sumter High School Boys' Track Team and its coaches on winning the 1995 Class AAAA State Championship.

Be it further resolved that the Sumter High School Boys' Track Team and its coaches be extended the privilege of the floor of the House of Representatives on Wednesday, May 24, 1995, at a time to be determined by the Speaker for the purpose of being recognized on winning the 1995 Class AAAA State Championship.

Be it further resolved that copies of this resolution be forwarded to Coach Rutledge Dingle and to Sumter High School Principal, Dr. Harold F. Starr, Jr.

The Resolution was adopted.

Printed Page 3820, May 23 | Printed Page 3840, May 23

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