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

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| Printed Page 360, Feb. 1 | Printed Page 380, Feb. 6 |
Printed Page 370 . . . . . Thursday, February 1, 1996
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator DRUMMOND, the Bill was carried over.

COMMITTED

S. 742 -- Senator Matthews: A BILL TO AMEND TITLE 59, CHAPTER 127, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO CREATE A SPECIAL SCHOOL DISTRICT AT SOUTH CAROLINA STATE UNIVERSITY, THE FELTON LABORATORY SCHOOL DISTRICT, TO ESTABLISH ITS BOARD AND THE BOARD'S DUTIES AND FUNCTIONS, AND TO PROVIDE FOR FUNDING FOR THE DISTRICT AS PREVIOUSLY APPROPRIATED TO THE FELTON LABORATORY SCHOOL.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

On motion of Senator MATTHEWS, the Bill was committed to the Committee on Education, retaining its place on the Calendar.

MOTION ADOPTED

On motion of Senator JACKSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Maude Pendergrass Pride of Columbia, S.C.

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, February 2, 1996, it stand adjourned to meet next Tuesday, February 6, 1996, at 12:00 Noon, which motion was adopted.

Printed Page 371 . . . . . Thursday, February 1, 1996
ADJOURNMENT

At 12:01 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

Recorded Vote

Senator McCONNELL desired to be recorded as voting against the motion to adjourn.

* * *

Printed Page 372 . . . . . Friday, February 2, 1996
Friday, February 2, 1996

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator PATTERSON.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE

Printed Page 373 . . . . . Friday, February 2, 1996
ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)

H. 4491 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(By prior motion of Senator PEELER.)

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1088 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE COLLETON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF

Printed Page 374 . . . . . Friday, February 2, 1996
ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.

(By prior motion of Senator WASHINGTON)

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 1094 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE THE PRECINCT LINES FOR GRAY COURT AND WOODVILLE PRECINCTS.

(By prior motion of Senator BRYAN)

MOTION ADOPTED

On motion of Senator GIESE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Jesse Berry of Columbia, S.C.

ADJOURNMENT

At 11:20 A.M., on motion of Senator LANDER, the Senate adjourned to meet next Tuesday, February 6, 1996, at 12:00 Noon.

* * *

Printed Page 375 . . . . . Tuesday, February 6, 1996
Tuesday, February 6, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, a wise man in the long ago wrote these words in the Book of Proverbs, Chapter 3, (v.6) (NRSV):

"In all your ways acknowledge Him, and

He will make straight your paths."
Let us pray.

"Lord God of Heaven and earth, we thank You for the warning and safety signs along the highways: signs that tell us what lies ahead, signs that remind us we should use our common sense in driving (like "watch out for ice on the bridge"); signs that tell us when to "stop" and when to "go"; signs that tell us how "fast" is "safe"... and signs that tell us where to go for help.

But there are pitfalls that have no signs... moral and spiritual hazards!!

Only character and conscience can save us from catastrophe in life's wilderness.

These, with faith, are gifts of God!

Help us to realize that clear thinking precedes noble living, and that mankind's fundamental premise must be faith and trust in the living God, as recorded in Proverbs, "Acknowledge Him, and He shall direct thy paths."

Amen.

Printed Page 376 . . . . . Tuesday, February 6, 1996
REPORT RECEIVED

JOINT LEGISLATIVE

COMMITTEE FOR JUDICIAL SCREENING

TO: The Clerk of the Senate

The Clerk of the House
FROM: Glenn F. McConnell, Chairman

Judicial Screening Committee
DATE: February 5, 1996

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Senator Glenn F. McConnell, Chairman
Representative F. Greg Delleney, Jr., Vice-Chairman
Senator Edward E. Saleeby
Senator Thomas L. Moore
Senator John R. Russell
Representative Ralph W. Canty
Representative William Douglas Smith
Representative L. Hunter Limbaugh

Report of Candidate Qualifications

Date Draft Report Issued: Friday, February 2, 1996
Date and Time Final Report Issued: Tuesday, February 6, 1996 -- 12:00 P.M.

Judicial candidates are not free to seek or accept

commitment until February 6, 1996

at 12:00 P.M.

Summary Chart

The following charts include a list of all candidates. If the candidate has a "*" symbol under a category (i.e. Legal Ability), that symbol indicates that the Joint Committee expressed concern about the candidate in that area. The placement of a "*" symbol is not, in and of itself, an indication of a candidates' failure to comply with the Committee's established criteria.

Printed Page 377 . . . . . Tuesday, February 6, 1996
Supreme Court Candidates

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experience Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Ervin Qualified.                       *
Toal Qualified             *         *

Court of Appeals Candidates

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Anderson, Jr. Qualified
Gray Qualified
Hinds Qualified
Howard Qualified
Huff Qualified
Lightsey Qualified
Shine Qualified
Simmons Qualified
Stilwell Qualified

3rd Judicial Circuit Candidate

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
King Qualified

Circuit Court At-Large, Seat 11, 12, and 13 Candidates

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Alford Qualified
Armstrong Qualified           *  
Barber Qualified
Breeden Qualified
Brogdon Qualified
Cofield Qualified
Dillard Maj. Qual.
  Min. Unqual.   *       *  
DuTremble Qualified
Jones Qualified           *  
Kittredge Qualified
Nicholson Qualified
Reddix-Smalls Maj. Qual.
  Min. Unqual.             *         *
Saunders Qualified
Williams Qualified

Printed Page 378 . . . . . Tuesday, February 6, 1996
Family Court Candidates

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Abbott Qualified
Bartlett Qualified           *
B. Brown Qualified
Tim Brown Qualified
Davis Qualified           *
Dover Qualified
Gaddy Qualified
Hamilton Qualified           *
Jefferson Qualified
Jenkins Qualified
A. Johnson Qualified
S. Johnson Qualified
Landis Qualified
Mann Qualified
Pendleton Qualified           *
Query Qualified
Soderlund Qualified
Spruill Qualified

Administrative Law Judge Candidate

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Anderson, III Qualified

The following candidates' performance on the practice and procedure questions exceeded expectations:

Jean H. Toal

Ralph K. Anderson, Jr.

William L. Howard

Wallace K. Lightsey

John W. Kittredge

James A. Spruill, III

Timothy L. Brown

Bobby H. Mann, Jr.

Introduction

The Joint Legislative Committee for Judicial Screening is charged by law to consider the qualifications of candidates for the judiciary. The Joint Committee has carefully investigated the candidates currently set for screening and found, by unanimous vote, 43 candidates qualified for judicial office and, by a split vote, 2 candidates qualified for judicial office. This report details the reasons for the Joint Committee's findings and each candidate's qualifications as they relate to the Joint Committee's nine evaluative criteria.

Printed Page 379 . . . . . Tuesday, February 6, 1996
Since the Joint Committee issued its last report in June of 1995, the Joint Committee has implemented some changes to its screening format. The Joint Committee has asked candidates offering for the Supreme Court, Court of Appeals, and Circuit Court their views on constitutional interpretation and sentencing philosophy. These questions were asked in an effort to provide the members of the General Assembly more information about candidates and their thought processes. These questions should not suggest that the Joint Committee believes that there are right or wrong answers to those questions. The Joint Committee has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office they are seeking. The Joint Committee has attempted to ask each candidate offering for the Supreme Court and Court of Appeals for his or her experience in the areas of criminal, civil, and domestic law since those are the cases that would generally be heard by members of those courts. Candidates for the Circuit Court were asked to provide evidence of their experience in civil and criminal law. Finally, candidates for the Family Court were asked to detail their level of practice in five areas of domestic law. Those areas are divorce and equitable division, child custody, adoption, abuse and neglect, and juvenile justice. The Joint Committee feels that candidates should have familiarity with the subject matter of the court for which they offer. In assessing each candidate's performance on the practice and procedure questions, the Joint Committee has placed candidates in one of three categories: failed to meet expectations, met expectations, or exceeded expectations. The Joint Committee feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.

The Joint Committee conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which it questions each candidate on a wide variety of issues. The Joint Committee's investigation focuses on nine evaluative criteria. These evaluative criteria are: integrity and impartiality; legal knowledge and ability; professional experience; judicial temperament; diligence and industry; mental and physical capabilities; financial responsibilities; public service; and ethics. The Joint Committee's investigation includes the following:

(1) survey of the bench and bar;

(2) SLED and FBI investigation;

(3) credit investigation;

(4) grievance investigation;

(5) study of application materials;

| Printed Page 360, Feb. 1 | Printed Page 380, Feb. 6 |
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