South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

FRIDAY, MAY 16, 1997

Friday, May 16, 1997
(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 Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3063 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Carnell, Cato, Harrison, Meacham, Quinn, Sharpe, D. Smith, Townsend, Vaughn, Stille, Cotty, Witherspoon, Seithel, Bailey, Walker, Altman, Whatley, Kirsh, Young-Brickell, Sandifer, Wilkes, Simrill, Robinson, Stuart, Harrell, Riser, Gamble, Littlejohn and J. Smith: A BILL RATIFYING 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 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 RATIFYING 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.

(By prior motion of Senator McCONNELL, with unanimous consent)

H. 3450 -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.

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

THIRD READING BILL

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

S. 725 -- Senators McConnell, Passailaigue, Courson, Ravenel and Ford: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES ON BEHALF OF THE H.L. HUNLEY SUBMARINE.

(By motion of Senator McCONNELL, with unanimous consent)

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading calender:

S. 761 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.

(By prior motion of Senator REESE)

ADJOURNMENT

At 11:35 A.M., on motion of Senator LANDER, the Senate adjourned to meet next Tuesday, May 20, 1997, at 12:00 Noon.

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