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 3559, May 30 | Printed Page 3570, May 30 |
Printed Page 3560 . . . . . Thursday, May 30, 1996
(R462) S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL PROVIDE A CRIME VICTIM A COPY OF THE CRIME INCIDENT REPORT RELATING TO HIS CASE AND CERTAIN OTHER INFORMATION; TO AMEND SECTION 17-25-322, AS AMENDED, RELATING TO THE PAYMENT OF RESTITUTION TO A CRIME VICTIM BY A PERSON CONVICTED OF A CRIME, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL HAS THE RIGHT TO BE PRESENT AND HEARD AT A RESTITUTION HEARING, TO PROVIDE THAT A MONTHLY PAYMENT SCHEDULE SHALL BE IMPOSED SO THAT RESTITUTION MAY BE COLLECTED, TO PROVIDE FOR THE DISTRIBUTION OF UNCLAIMED RESTITUTION FUND, AND THAT AN OFFENDER MAY NOT BE GRANTED A PARDON UNTIL CERTAIN REQUIREMENTS OF THE RESTITUTION ORDER HAVE BEEN FULFILLED; TO AMEND SECTION 17-25-323, AS AMENDED, RELATING TO THE ENFORCEMENT AND EXECUTION OF A JUDGMENT IN A CRIMINAL CASE, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY MAKE A MOTION TO HOLD A HEARING TO REQUIRE A DEFENDANT TO SHOW CAUSE WHY HIS DEFAULT OF COURT-ORDERED PAYMENTS SHOULD NOT BE TREATED AS A CIVIL JUDGMENT AND A JUDGMENT LIEN ATTACHED; TO AMEND SECTION 17-25-326, AS AMENDED, RELATING TO THE ALTERATION, MODIFICATION, OR RESCISSION OF CERTAIN JUDGMENTS AND EXECUTIONS, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE A PETITION TO ALTER, MODIFY, OR RESCIND CERTAIN ORDERS; BY ADDING SECTION 24-21-490 SO AS TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF RESTITUTION FROM PERSONS UNDER PROBATIONARY AND INTENSIVE PROBATIONARY SUPERVISION; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS RELATING
Printed Page 3561 . . . . . Thursday, May 30, 1996
TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; BY ADDING SECTION 17-25-324 SO AS TO PROVIDE FOR THE PAYMENT OF RESTITUTION TO CERTAIN SECONDARY VICTIMS AND THIRD-PARTY PAYEES, TO REQUIRE THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO PREPARE AND PROVIDE A REPORT CONTAINING RECOMMENDATIONS FOR COLLECTION AND DISTRIBUTION OF RESTITUTION AND ISSUES RELATING TO INDIGENT OFFENDERS AND THE USE OF CIVIL REMEDIES, AND TO PROVIDE THAT A MINIMUM NUMBER OF RESTITUTION BEDS MUST BE MAINTAINED.

(R463) S. 1335 -- Senator Drummond: AN ACT TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.

(R464) S. 1366 -- Senator Holland: AN ACT TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340

Printed Page 3562 . . . . . Thursday, May 30, 1996
OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.

(R465) S. 1416 -- Senator Gregory: AN ACT TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.

(R466) H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: AN ACT TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED SUBJECT TO THE LIMITS IMPOSED FOR MEMBERS OF STATE BOARDS, COMMITTEES, AND COMMISSIONS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.

(R467) H. 3182 -- Reps. L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO REQUIRE INFORMED CONSENT FOR CERTAIN AUTOPSIES AND POST MORTEM EXAMINATIONS AND TO LIMIT THE USE OF REMOVED BODY PARTS FOR THE DETERMINATION OF THE CAUSE OF DEATH UNLESS INFORMED CONSENT IS OBTAINED AND TO PROVIDE FOR THE MANNER AND FORM OF INFORMED CONSENT; TO AMEND SECTION 17-5-260, RELATING TO NOTIFICATION TO THE MEDICAL EXAMINER ON CERTAIN DEATHS AND FINDINGS OF THE MEDICAL EXAMINER, SO AS TO REQUIRE NOTICE TO NEXT-OF-KIN THAT BODY PARTS MAY BE REMOVED AND RETAINED AS PART OF THE INVESTIGATION OF THE DEATH AND TO LIMIT THE USE OF REMOVED BODY PARTS TO THE

Printed Page 3563 . . . . . Thursday, May 30, 1996
INVESTIGATION UNLESS INFORMED CONSENT IS OBTAINED AND TO PROVIDE FOR THE MANNER AND FORM OF INFORMED CONSENT.

(R468) H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM OBTAINING A CERTIFICATE OF NEED TO PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS IF CERTAIN CONDITIONS ARE MET.

(R469) H. 3447 -- Rep. Sharpe: AN ACT TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT, TO AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS, AND TO EXPAND OFFENSES TO WHICH PENALTIES APPLY; AND TO AMEND SECTION 47-3-750, AS AMENDED, RELATING TO SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS, SO AS TO AUTHORIZE VARIOUS ANIMAL CONTROL OFFICERS TO SEIZE AND IMPOUND SUCH ANIMALS.

(R470) H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: AN ACT TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF CHAPTER 7, TITLE 20, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES AND TO FURTHER PROVIDE FOR THE DETENTION, FINGERPRINTING,

Printed Page 3564 . . . . . Thursday, May 30, 1996
TRANSFER, DISPOSITION, COMMITMENT, AND EDUCATION OF JUVENILES; TO REPEAL SECTIONS 20-7-112, 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-1333, 20-7-1340, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN CHAPTER 7, TITLE 20 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

(R471) H. 3624 -- Rep. Sharpe: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT PRIVILEGE AND VOLUNTARY DISCLOSURE ACT OF 1996 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

(R472) H. 3663 -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2345 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.

(R473) H. 3740 -- Rep. Davenport: AN ACT TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO PROVIDE A

Printed Page 3565 . . . . . Thursday, May 30, 1996
PRE-OCCUPANCY HOUSING INSPECTION PROGRAM AND TO PROVIDE CONDITIONS AND IMMUNITY; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO INCLUDE THE PRE-OCCUPANCY HOUSING INSPECTION PROGRAM.

(R474) H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: AN ACT TO AMEND CHAPTER 30, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE/BODYWORK PRACTICE ACT SO AS TO ESTABLISH LICENSURE AND REGULATION BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE LICENSE RENEWAL REQUIREMENTS FOR MASSAGE/BODYWORK THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

(R475) H. 3879 -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS; AND TO REQUIRE THE DEPARTMENT TO ESTABLISH A TRAINING PROGRAM FOR CERTAIN DEPUTY ENFORCEMENT OFFICERS.

(R476) H. 3905 -- Reps. Wright, Quinn and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS AND PROVIDE THAT ANY NONRESIDENT STUDENT OF A DISTRICT ENROLLED NO LATER

Printed Page 3566 . . . . . Thursday, May 30, 1996
THAN SEPTEMBER 9, 1996, IS NOT REQUIRED TO MEET CERTAIN CONDITIONS OF THIS SECTION.

(R477) H. 3915 -- Education and Public Works Committee: AN ACT TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 25 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC) TO ENTER INTO LEASE, SALE, AND OTHER AGREEMENTS TO TRANSFER THE MANAGEMENT AND OPERATIONS OF THE MEDICAL UNIVERSITY HOSPITAL INCLUDING ITS LAND, FACILITIES, AND ASSETS TO ONE OR MORE PRIVATE OPERATORS UNDER CERTAIN TERMS AND CONDITIONS, TO DESCRIBE THE LAND, FACILITIES, AND ASSETS WHICH ARE THE SUBJECT OF THESE AGREEMENTS, AND TO PROVIDE THAT UNIVERSITY MEDICAL ASSOCIATES (UMA) IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT; TO REQUIRE THE PRIVATE OPERATOR, THE COLUMBIA/HCA HEALTHCARE CORPORATION (HCA), UPON APPROVAL OF THE SALE OR LEASE OF MUSC'S FACILITIES AND ASSETS, TO CREATE AN EMPLOYEE GRIEVANCE COMMITTEE FOR REVIEW OF ALL EMPLOYEE DISCIPLINARY ACTIONS AND TERMINATIONS BY HCA, AND TO PROVIDE THAT THE FINAL DECISION IN ANY GRIEVANCE INVOLVING A FORMER MUSC EMPLOYEE RESTS WITH THE BOARD OF DIRECTORS OF MUSC AND THAT THE FINAL DECISION IN GRIEVANCES INVOLVING HCA EMPLOYEES RESTS WITH THE OFFICIAL DESIGNATED BY HCA; TO REQUIRE THE BUDGET AND CONTROL BOARD TO CONSULT WITH THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION BEFORE AUTHORIZING THESE TRANSACTIONS; TO PROHIBIT A CURRENT EMPLOYEE OF MUSC OR UMA FROM PERSONALLY PROFITING FROM ANY TRANSACTION AUTHORIZED HEREBY IF THAT PERSON PLAYED A SUBSTANTIAL ROLE IN THE NEGOTIATION PROCESS AND TO DEFINE THE TERM "SUBSTANTIAL ROLE" FOR THIS PURPOSE, TO PROVIDE THAT NO CONDITION OF ANY LEASE OR AGREEMENT SHALL RESTRICT MUSC EMPLOYEES TO SHARED PARTICIPATION WITH ONE COMPANY'S HEALTH CARE THIRD PARTY PROVIDERS, TO PROVIDE THAT AT THE TIME OF DEFAULT BY HCA OR AT THE END OF THE LEASE, MUSC SHALL NOT BE REQUIRED TO PURCHASE THE MEDICAL

Printed Page 3567 . . . . . Thursday, May 30, 1996
CENTER AS A GOING CONCERN BUT RATHER AT THE APPRAISED VALUE OF THE TANGIBLE ASSETS OWNED BY THE LESSEE AS PERSONAL PROPERTY INVENTORY; TO REQUIRE THE CONSENT OF THE MUSC BOARD OF TRUSTEES FOR ANY DISCONTINUATION OR TRANSFER OF ANY INPATIENT CLINICAL SERVICE OFFERED AT THE MEDICAL CENTER; TO PROVIDE THAT UMA AGREEMENTS WITH ITS SERVANTS, AGENTS, SUBSIDIARIES, AND PARTNERS ARE SUBJECT TO REVIEW AND APPROVAL BY THE MUSC BOARD OF TRUSTEES AND MAY NOT CONFLICT WITH THE TERMS AND CONDITIONS OF THE TRANSACTIONS AUTHORIZED HEREBY; TO REQUIRE MEMBERS OF THE GENERAL ASSEMBLY TO PAY CO-PAYMENTS OR DEDUCTIBLES FOR SERVICES RECEIVED AT A HOSPITAL FACILITY IN THIS STATE WHETHER OR NOT THE SERVICES ARE PROVIDED BY THE MUSC HOSPITAL; TO REQUIRE MUSC, UPON APPROVAL OF THESE TRANSACTIONS, TO MAINTAIN THE CURRENT LEVEL OF SERVICES OFFERED TO INDIGENT PATIENTS AT CHARLESTON MEMORIAL HOSPITAL UNLESS THE MUSC BOARD APPROVES OTHERWISE; AND TO REQUIRE ANY FINANCIAL OBLIGATIONS UNDER AGREEMENTS ENTERED INTO BY A SUBSIDIARY CORPORATION TO BE UNCONDITIONALLY GUARANTEED BY THE PARENT CORPORATION OF THE PURCHASER OR TENANT.

(R478) 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: AN ACT TO AMEND CHAPTER 19, AS AMENDED, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR THE MANNER IN WHICH JUSTICES AND JUDGES OF THE COURTS OF THIS STATE, INCLUDING ADMINISTRATIVE LAW JUDGES, WHO ARE ELECTED BY THE GENERAL ASSEMBLY SHALL BE SELECTED INCLUDING THE ESTABLISHMENT OF A JUDICIAL MERIT SELECTION COMMISSION, TO ESTABLISH THE MEMBERSHIP, POWERS, DUTIES, FUNCTIONS, AND PROCEDURES OF THE COMMISSION, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL NOT ELECT A PERSON TO THESE

Printed Page 3568 . . . . . Thursday, May 30, 1996
JUDICIAL OFFICES WHO HAS NOT BEEN NOMINATED BY THE COMMISSION, TO PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY OR THE COMMISSION MAY BE ELECTED TO THESE JUDICIAL OFFICES WHILE HE IS SERVING IN THE GENERAL ASSEMBLY OR ON THE COMMISSION AND FOR A CERTAIN PERIOD THEREAFTER, TO RESTRICT OR REGULATE CERTAIN ACTIVITIES OF MEMBERS, FORMER MEMBERS, AND OTHERS IN REGARD TO JUDICIAL ELECTIONS, INCLUDING A PROHIBITION AGAINST TRADING VOTE PLEDGES AND TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF RETIRED JUSTICES AND JUDGES FOR CONTINUED JUDICIAL SERVICE AFTER RETIREMENT, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF MASTERS-IN-EQUITY APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO PROVIDE THAT IF A NOMINEE IS FOUND NOT QUALIFIED, THE GOVERNOR SHALL SUBMIT ANOTHER NOMINEE; TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE ADMINISTRATION OF GOVERNMENT AND THE GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO PROVIDE FOR SCREENING PROCEDURES AND CERTAIN OTHER ELECTION PROCEDURES FOR NONJUDICIAL OFFICES FILLED BY ELECTION OF THE GENERAL ASSEMBLY; TO AMEND SECTION 20-7-1370, AS AMENDED, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO REVISE THE AGE QUALIFICATIONS, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS SHALL APPLY WITH REGARD TO CURRENT FAMILY COURT JUDGES; TO AMEND SECTION 14-1-215, AS AMENDED, RELATING TO RETIRED JUSTICES OR JUDGES BEING ASSIGNED BY THE CHIEF JUSTICE TO SERVE IN SPECIFIED COURTS, SO AS TO PROVIDE THAT THESE RETIRED JUSTICES OR JUDGES MUST HAVE BEEN REVIEWED BY THE JUDICIAL MERIT SELECTION COMMISSION AND FOUND QUALIFIED TO SERVE WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 14-11-20, AS AMENDED, RELATING TO THE APPOINTMENT OF MASTERS-IN-EQUITY BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, SO AS TO REVISE THE AGE
Printed Page 3569 . . . . . Thursday, May 30, 1996
QUALIFICATIONS OF MASTERS-IN-EQUITY, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND REQUIRE THEM TO BE FOUND QUALIFIED BY THE COMMISSION, TO PROVIDE FOR TRANSITION PROVISIONS IN REGARD TO THE ABOVE INCLUDING THE IMMEDIATE DEVOLVEMENT OF THE RESPONSIBILITIES OF THE JOINT COMMITTEE TO REVIEW JUDICIAL CANDIDATES UPON THE COMMISSION, TO PROVIDE THAT THE REVISIONS TO CHAPTER 19, TITLE 2, THE ADDITION OF CHAPTER 20, TITLE 2, AND THE ESTABLISHMENT OF THE JUDICIAL MERIT SELECTION COMMISSION ARE CONTINGENT UPON THE RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE AUTHORIZING THE ESTABLISHMENT OF THE COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE ELECTION OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT, AND JUDGES OF OTHER COURTS OF THIS STATE WHO ARE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE AMENDMENTS TO SECTION 20-7-1370, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES ARE CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF THIS STATE PROVIDING FOR A THIRTY-TWO YEAR-OLD AGE REQUIREMENT AND AN EIGHT-YEAR REQUIREMENT AS A LICENSED ATTORNEY AT LAW FOR SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT.

(R479) 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 15, ARTICLE V, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE

Printed Page 3570 . . . . . Thursday, May 30, 1996
BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.

| Printed Page 3559, May 30 | Printed Page 3570, May 30 |
Page Finder Index

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