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

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| Printed Page 3690, May 15 | Printed Page 3710, May 16 |
Printed Page 3700 . . . . . Wednesday, May 15, 1996
name the above described portion of Highway 17 in Beaufort and Colleton counties the "W. Brantley Harvey, Sr. Highway" for the late Senator William Brantley Harvey, Sr., and to install appropriate markers or signs reflecting such designation.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation./

Amend further by striking the title and inserting:

/REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY, SR. HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY, SR., AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS./

When amended the concurrent resolution reads:

/REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY, SR. HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY, SR., AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, William Brantley Harvey, Sr., was born in Hampton, served in the navy in World War I, and graduated from the University of South Carolina with honors in 1923, receiving B.S. and LL.B degrees simultaneously; and

Whereas, he practiced law in Beaufort until shortly before his death in 1981; he served in the South Carolina House of Representatives from 1924-28 and was State Senator from Beaufort from 1928-52; and

Whereas, Senator Harvey was chairman of the Senate Judiciary Committee, the Education Committee, and the Fish and Game Committee; he was also president of the Beaufort County Bar, and in 1952, he was president of the South Carolina Bar; he rendered public and community service in countless other ways and was known for his devotion to his family and for his humanitarian qualities; and

Whereas, the General Assembly considers it highly appropriate and fitting that the portion of Highway 17 extending from Gardens Corner in Beaufort County to Jacksonboro in Colleton County be designated and named the "W. Brantley Harvey, Sr. Highway" in tribute to this greatly distinguished South Carolinian and public servant, William Brantley Harvey, Sr., so that his numberless acts of service and humanitarianism may be recognized and commemorated. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

Printed Page 3701 . . . . . Wednesday, May 15, 1996
That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the above described portion of Highway 17 in Beaufort and Colleton counties the "W. Brantley Harvey, Sr. Highway" for the late Senator William Brantley Harvey, Sr., and to install appropriate markers or signs reflecting such designation.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation./

Amend title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3776JM.96), which was adopted.

Amend the Report of the Committee on Invitations and Memorial Resolutions, as and if amended, page [4961-1], by striking on:

line 24 /, Sr.,/;

line 30 /, Sr./;

line 32 /Sr.,/

line 40 /, Sr./

line 41 /, Sr.,/ and page [4961-2], by striking on:

line 7 /, SR./

line 8 /SR.,/

line 15 /, SR./

line 16 /SR.,/

line 19 /, Sr.,/

line 35 /, Sr./

line 37 /Sr.,/ and page [4961-3], by striking on:

line 2 /, Sr./ and

line 3 /, Sr.,/

Amend title to conform.

Rep. KEYSERLING explained the amendment.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

Printed Page 3702 . . . . . Wednesday, May 15, 1996
RECURRENCE TO THE MORNING HOUR

Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 5030 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING FORT MILL HIGH SCHOOL OF YORK COUNTY ON WINNING THE CLASS AAA BOYS TENNIS STATE CHAMPIONSHIP FOR 1996.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

SPEAKER PRO TEMPORE IN CHAIR

S. 1375--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT

Printed Page 3703 . . . . . Wednesday, May 15, 1996
AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

Reps. FELDER and COBB-HUNTER proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10557SD.96).

Amend the bill, as and if amended, by striking subsection (A) of SECTION 2 and inserting:

/(A) Each consolidated school district shall be governed by a board of trustees of seven members who must be elected in nonpartisan elections to be held beginning in 1997 in the manner hereinafter provided. Each member of the board must be a resident of and elected from single-member election districts provided in this act. The members of each board shall elect a chairman and such other officers as they deem necessary to serve for terms of one year in these capacities. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of each board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday of November every two or four years thereafter as applicable beginning in 1999. Members of each board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members of each board elected in 1997, the members elected from election districts one, three, five, and seven shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the members elected from election districts two, four, and six shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of each board shall serve until their successors are elected and qualify.

Printed Page 3704 . . . . . Wednesday, May 15, 1996
Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The county commissioners of election shall conduct and supervise the elections for members of each board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The members of each board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code./

Amend further, as and if amended, by striking subsection (A) of SECTION 3 and inserting:

/(A) There is also established an Orangeburg County Board of Education on July 1, 1997. The county board of education shall consist of seven members elected in nonpartisan elections beginning in 1997 from the same seven single-member election districts as are members of the governing body of the county. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of the board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday in November every two or four years thereafter as applicable beginning in 1999. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1997, the four members elected with the largest number of votes shall serve for

Printed Page 3705 . . . . . Wednesday, May 15, 1996
initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the three members elected with the fewest number of votes shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of the county board shall serve until their successors are elected and quality.

Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code.

The county commissioners of election shall conduct and supervise the elections for members of the county board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code./

Amend further, as and if amended, by striking the first sentence of subsection (D) of Section 4, which begins on line 38 of page 31, and inserting:

/The County Board of Education, in conjunction with the boards of the three consolidated school districts, shall develop a formula which will

Printed Page 3706 . . . . . Wednesday, May 15, 1996
provide for the equalization of the per pupil funding for each of the three consolidated school districts and which must be presented to the county legislative delegation within three years of the effective date of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. GOVAN moved to adjourn debate upon the Bill.

Rep. COBB-HUNTER moved to table the motion, which was agreed to by a division vote of 3 to 2.

Rep. STUART spoke upon the amendment.

Rep. STUART moved that the House do now adjourn, which was adopted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.

ADJOURNMENT

At 12:30 P.M. the House in accordance with the motion of Rep. STUART adjourned to meet at 10:00 A.M. tomorrow.

* * *
Printed Page 3707 . . . . . Thursday, May 16, 1996
Thursday, May 16, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O Lord our God, shed the light of Your wisdom upon these in their places of responsibility and decision. As we meet problems, may we be guided in solution not by whether it is popular, but by whether it is right. Where we are wrong, may we be willing to change; when we are right, make us easy to get along with. Strip from our hearts any bitterness that may lie there, and any resentment that corrodes and curdles our peace. Remove our stubborn pride that keeps us from acknowledging our faults and makes us unwilling to open our minds to others.

Hear us in this our prayer, O Lord, and answer us in keeping with Your knowledge of our needs. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Robert Hawkins of York, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 15, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Moore and Courson of the Committee of Conference on the part of the Senate on H. 3961:

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,

Printed Page 3708 . . . . . Thursday, May 16, 1996
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, 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
Printed Page 3709 . . . . . Thursday, May 16, 1996
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 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.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 15, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Moore and Courson of the Committee of Conference on the part of the Senate on H. 3962:

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF;

Printed Page 3710 . . . . . Thursday, May 16, 1996
SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Very respectfully,
President

Received as information.

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