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107th Session, 1987-1988 Journal of the House of Representatives
(Statewide Session)
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: Eternal and all-seeing Father, bowing our heads at this altar of prayer, we would be still and know that Thou art God, from everlasting to everlasting the same. We confess that our puny strength and our fallible judgments are unequal to the tasks and tests of our times. Forbid, then, that we should rely only on our own devices and councils. Through the tangled wilderness of human relations, show us the clear path that leads of the summit of Thy will. With eyes cleansed of all selfishness, may we see Thy way. And in that vision may we dream our dreams, mold our lives, and enact our laws. We pray to our God Whose teachings are always good and true. 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.
The following was received. TO: The Clerk of the Senate The Clerk of the House FROM: Thomas E. Smith, Jr. Chairman, Judicial Screening Committee DATE: April 13, 1988 In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/ Sen. Isadore E. Lourie Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions. The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly. The following Family Court Judges are running for reelection to their respective seats and are unopposed:
Hon. Alvin C. Biggs Seat #2 1st Jud. Circuit There is a contested race for Seat #1 in the Third Judicial Circuit Family Court. A brief summary of the background of each candidate is as follows: Frances C. Matthews (Sumter, South Carolina) She was born in Fitzgerald, Georgia and is 41 years of age. She is single. She was graduated from the University of South Carolina in 1978 and earned a J.D. Degree from the University of South Carolina School of Law. She is in private practice as a sole practitioner. Hon. B. J. Warshauer (Sumter, South Carolina) He was born in Wilmington, North Carolina and is 67 years of age. He is married and has three children. He was graduated from The Citadel in 1941 and earned a J.D. Degree from the University of North Carolina Law School. He has been a Family Court Judge in the Third Judicial Circuit (Seat #1) since 1977. There is a contested race to fill the vacancy created in the Family Court of the Fifth Judicial Circuit (Seat #2) due to the elevation of the Honorables Carol Connor as Judge of the Fifth Judicial Circuit. This term expires June 30, 1989. Three candidates are seeking to fill this term. A brief summary of the background of each candidate is as follows: Melvin D. Bannister (Columbia, South Carolina) He was born in Abbeville, South Carolina and is 38 years of age. He is presently divorced. He was graduated from the University of South Carolina in 1972 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner. Richard Giles Whiting (Columbia, South Carolina) He was born in Newport, Rhode Island and is 39 years of age. He is married and has three children. He was graduated from Presbyterian College in 1972 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently of counsel to Louthian & Louthian. Joseph A. Wilson, II (Columbia, South Carolina) He was born in Bishopville, South Carolina and is 40 years of age. He is married and has three children. He was graduated from Clark College in Atlanta, Georgia in 1969 and earned a J.D. Degree from Yale Law School. He is presently Chief Deputy Attorney General. There is a contested race to fill the vacancy created by the Honorable Walter T. Lake, Judge of the Family Court of the Eighth Judicial Circuit, Seat #2. Judge Lake will retire at the expiration of his current term on June 30, 1988. Three candidates are seeking to fill this term. A brief summary of the background of each candidate is as follows: W. Frank Partridge, Jr. (Newberry, S.C.) He was born in Newberry, South Carolina and is 42 years of age. He is married and has two children. He was graduated from The Citadel in 1970 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner. Gary Tusten Pope (Newberry, South Carolina) He was born in Columbia, South Carolina and is 38 years of age. He is married and has four children. He was graduated from the University of South Carolina in 1971 and earned a J.D. Degree from Washington and Lee University Law School. He is presently a shareholder in Pope and Hudgens, P.A. John M. Rucker (Newberry, South Carolina) He was born in Newberry, South Carolina and is 43 years of age. He is married and has two children. He was graduated from the University of South Carolina in 1966 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner. There is a contested race to fill the vacancy created by the retirement of the Honorable Warren H. Jolly, Judge of the Family Court of the Ninth Judicial Circuit, Seat #4. Judge Jolly will retire effective October 1, 1988. Two candidates are seeking to fill this term. A brief summary of the background of each candidate is as follows: Wayne M. Creech (Moncks Corner, South Carolina) He was born in Moncks Corner, South Carolina and is 36 years of age. He is married and has three children. He was graduated from the University of South Carolina in 1973 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner. David A. Soderlund (Goose Creek, South Carolina) He was born in Plainfield, New Jersey and is 43 years of age. He is married and has four children. He was graduated from Rutgers University in New Brunswick, New Jersey in 1971 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner. There is also a contested race to fill the vacancy created by the resignation of The Honorable Owens T. Cobb, Jr., Judge of the Fifth Judicial Circuit. Judge Gobb's resignation was effective April 1, 1988. Two candidates are seeking to fill this term which expires June 30, 1989. A brief summary of the background of each candidate is as follows: Hon. James C. Harrison, Jr. (Columbia, South Carolina) He was born in Columbia, South Carolina and is 45 years of age. He is married and has two children. He was graduated from the University of South Carolina in 1965 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently Master in Equity for Richland County. J. Ernest Kinard, Jr. (Camden, South Carolina) He was born in Newberry, South Carolina and is 48 years of age. He is married and has three children. He was graduated from the University of South Carolina in 1961 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently a partner in the private practice of Savage, Royall, Kinard, Sheheen & Byars. Having completed the investigation as required by the Act, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration. The Report consists of the Transcript of the Proceedings before the Screening Committee held at the State House on March 24, 1988, and the portions of the documents submitted by the respective candidates which were made part of the public record. Each candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas E. Smith, Jr., Chairman, of the Judicial Screening Committee in 402 Gressette Building until the date and time of the election. The candidates were present at the screening and testified under oath.
SENATOR SMITH: LET ME CALL US TO ORDER. WE ARE OPERATING UNDER UNUSUAL CIRCUMSTANCES IN THE SENSE THAT WE HAVE TRIED TO SPLIT THE COMMITTEE THIS MORNING. I AM PART OF IT AND THE OTHERS ARE THE OTHER PART. THEY APOLOGIZE TO EACH OF YOU FOR NOT BEING ABLE TO BE HERE BUT WE THOUGHT AFTER LOOKING AT THE STATUTE AND DISCUSSING IT LAST NIGHT AND YESTERDAY THAT THE BEST THING TO DO BECAUSE YOU ARE ALL OUT OF COURT, OBVIOUSLY, FOR YOU JUDGES, AT LEAST, AND BUT WE THOUGHT THE ONLY THING TO DO WAS TO GO AHEAD AND PROCEED AS PLANNED. THE STATUTE SAYS, OF COURSE, THAT THE ONLY TIME WE REALLY HAVE TO HOLD A FORMAL HEARING IS IN CASE THERE IS, OF COURSE, A COMPLAINT AND THAT IS NOT THE CASE HERE EXCEPT IN ONE SITUATION WHICH WE WILL DEAL WITH LATER. SO, THE MEMBERS OF THE COMMITTEE APOLOGIZE TO YOU, BUT I THOUGHT THE BEST THING TO DO WAS TO GO AHEAD AND PROCEED. LET ME SAY THAT WHAT'S GOING ON ACROSS THE WAY IS, OF COURSE, IN THE PUBLIC EYE BUT I'M CONVINCED THAT WHAT GOES ON OVER HERE IN A ROUTINE FASHION IS MUCH MORE IMPORTANT TO THE PEOPLE OF SOUTH CAROLINA THAN THAT HEARING, AS DRAMATIC AS IT IS, BECAUSE YOU FOLKS, PARTICULARLY THE FAMILY COURT JUDGES, AND I'M SPEAKING PRIMARILY TO THE SEATED JUDGES, DEAL WITH PEOPLE'S LIVES AND FORTUNES AND CHILDREN AND FAMILIES EVERY DAY WITHOUT A JURY; AND, SO, THIS IS MUCH MORE IMPORTANT FOR THE PEOPLE OF SOUTH CAROLINA, NOT TO TAKE AWAY FROM THE OTHER HEARING. I SAW JUDGE WALLER DO SOMETHING ONE TIME AND I'M GOING TO TRY IT. I DON'T KNOW IF IT WILL WORK. I SAW HIM TAKE--I BELIEVE IT WAS JUDGE WALLER--TAKE GUILTY PLEAS. THESE ARE NOT GUILTY PLEAS. BUT HE HAD ALL--
SENATOR SMITH: HE HAD ALL OF THOSE WHO WANTED TO PLEAD GUILTY GET UP IN FRONT OF HIM AT ONE TIME AND HE READ THEM THEIR RIGHTS AND THEN HE SENTENCED THEM INDIVIDUALLY. I WANT TO TRY TO DO THIS THIS MORNING IN THE INTEREST OF TIME. I KNOW OTHERS OF YOU, OR MANY OF YOU, HAVE OTHER THINGS TO DO. LET ME ALSO SAY THERE HAS BEEN SOME DISCUSSION ABOUT "WHY THIS PROCESS," AND I'M GOING TO HAVE AN OPPORTUNITY, AS AN INDIVIDUAL, TO TALK WITH YOU LATER ON IN FLORENCE IN SEVERAL WEEKS, JUDGE, I'VE FORGOTTEN, BUT ANYWAY, WE'LL TALK ABOUT IT THEN. I THINK IT'S IMPORTANT THAT WE GO THROUGH THIS PROCESS. YOU JUDGES ARE UNDER A LOT OF CONSTRAINTS, A LOT OF REGULATIONS. THERE ARE SEVERAL ENTITIES WHO CHECK ON YOU, YOUR PERSONAL LIFE, YOUR HABITS; NOT ONLY YOUR RULINGS, YOUR ASSOCIATIONS. THE LEGISLATURE ELECTS YOU AND I THINK IT'S IMPORTANT THAT WE HAVE A CONTINUING ONGOING RELATIONSHIP THAT YOU GET TO SEE US AND WE GET TO SEE YOU, AND THAT'S WHY I THINK HAVING A HEARING SUCH AS THIS, EVEN THOUGH IT MAY BE ROUTINE, IS IMPORTANT. I THINK IT'S ESSENTIAL THAT WE MAINTAIN THAT RELATIONSHIP AND IT ALSO GIVES YOU A CHANCE TO GET OUT OF THE COURTROOM AND COME TO COLUMBIA AND MAYBE SHAKE A HAND OR TWO, WHICH DOESN'T HURT EITHER. SO, WITH THAT OUT OF THE WAY, LET ME GO THROUGH THE FORMALITY OF MAKING THE RECORD AND THEN I'M GOING TO TRY SOMETHING. I'M GOING TO CALL THE COMMITTEE TO ORDER. THIS COMMITTEE IS CONVENED PURSUANT TO ACT 119 OF 1975 WHICH REQUIRES A REVIEW OF CANDIDATES FOR JUDICIAL OFFICE. THE FUNCTION OF THE COMMITTEE IS NOT TO CHOOSE BETWEEN CANDIDATES BUT RATHER TO DECLARE WHETHER OR NOT THE CANDIDATES WHO OFFER FOR A POSITION ON THE BENCH ARE IN OUR JUDGMENT QUALIFIED TO FILL THE POSITION. THE INQUIRY WHICH WE MAKE IS VERY THOROUGH. IT INVOLVES A COMPLETE PERSONAL AND PROFESSIONAL BACK-GROUND CHECK ON EVERY CANDIDATE AND EVERY SITTING JUDGE. THE CANDIDATE IS INVESTIGATED BY SOUTH CAROLINA LAW ENFORCEMENT DIVISION, INCLUDING THEIR COURTHOUSE RECORDS. A STATEMENT OF ECONOMIC INTEREST IS REQUIRED. WE RECEIVE A CREDIT REPORT. WE RECEIVE REPORTS FROM THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE WITH RESPECT TO ATTORNEYS AND JUDGES WHO ARE OFFERING AND FROM THE COMMISSIONERS ON JUDICIAL STANDARDS WITH RESPECT TO SITTING JUDGES. WE TAKE YOUR FINGERPRINTS AND THEY ARE EXAMINED BY THE F.B.I. THE CANDIDATES' PERSONAL DATA QUESTIONNAIRE DETAILS THEIR PERSONAL HISTORY, HEALTH, PROFESSIONAL EXPERIENCE AND CONTAINS FIVE LETTERS OF REFERENCE. WE ARE HERE TODAY FOR THE PURPOSE OF EXAMINING CANDIDATES FOR MANY VACANCIES AND THE NOTICES OF THE VACANCIES WERE PUBLICLY MADE AND NO CANDIDATE HAS COME FORWARD OTHER THAN THE FOLLOWING, AND WHAT I WOULD LIKE TO DO AT THIS POINT, IF POSSIBLE, IS TO MAYBE TAKE SEVEN OR EIGHT OF YOU AT ONE TIME, AND THE ONLY REASON FOR THE BREAK IN IT IS THAT I NEED A FEW MINUTES TO REVIEW THE LAST FIVE OR SIX FILES THAT I HAVEN'T LOOKED AT SINCE YESTERDAY. I WOULD ALSO SAY THAT THE COMMITTEE HAS REVIEWED THIS INFORMATION AND I HAVE REVIEWED IT, AS WELL AS THE STAFF. SO, AT THIS TIME I WOULD LIKE TO SAY WHAT I WOULD LIKE TO DO IS TO TAKE UP THE VACANCIES FOR THE FOLLOWING POSITIONS. THESE ARE ALL UNCONTESTED SITTING JUDGES. THE FIRST JUDICIAL CIRCUIT, THE HONORABLE ALVIN C. BIGGS. IS HE HERE?
SENATOR SMITH: YES, SIR. EXCUSE ME. THE SECOND JUDICIAL CIRCUIT, THE HONORABLE PETER R. NUESSLE. JUDGE, ARE YOU HERE? JUDGE NUESSLE: YES, SIR. SENATOR SMITH: OKAY. THE FOURTH CIRCUIT, THE HONORABLE ; JAMIE LEE. THE FIFTH CIRCUIT, THE HONORABLE ROBERT H. BURNSIDE AND THE HONORABLE WILLIAM M. CAMPBELL. THE SEVENTH CIRCUIT, THE HONORABLE STUART HALL. THE NINTH CIRCUIT, THE HONORABLE L. MENDEL RIVERS. THE NINTH CIRCUIT, THE HONORABLE JUDY C. BRIDGES. THE TENTH CIRCUIT--NO, I NEED TO STOP RIGHT THERE. THANK YOU. ARE ALL OF YOU HERE? SPEAKER: CHARLESTON IS NOT HERE, BRIDGES AND RIVERS. SENATOR SMITH: ALL RIGHT, LET'S GO WITH JUDGE HALL. JUDGE HALL: HERE. SENATOR SMITH: JUDGE CAMPBELL, JUDGE BURNSIDE, JUDGE LEE, JUDGE NUESSLE, JUDGE BIGGS; I'LL ASK THAT YOU ALL STAND. (COMPLIED.) SENATOR SMITH: RAISE YOUR HAND. IT COUNTS WITHOUT A BIBLE, I'M ADVISED. (COMPLIED.) (HONORABLE ALVIN C. BIGGS, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT; HONORABLE PETER R. NUESSLE, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT; HONORABLE JAMIE F. LEE, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE ROBERT H. BURNSIDE, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT #1; HONORABLE WILLIAM M. CAMPBELL, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT #4; HONORABLE STUART H. HALL, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT #3, WERE DULY SWORN BY SENATOR SMITH.) SENATOR SMITH: NOW, I DON'T KNOW HOW THE RECORD IS GOING TO LOOK. WE WILL WORK ON THAT LATER. I WOULD SAY TO ALL OF YOU-- SPEAKER: JUDGE BRIDGES HAS ARRIVED. SENATOR SMITH: THAT'S ALL RIGHT, WE'LL GO AHEAD AND PUT HER IN THE NEXT GROUP. I WILL SAY TO ALL OF YOU THAT ARE HERE THAT WE TAKE THIS RATHER EXTENSIVE PERSONAL DATA QUESTIONNAIRE AND WE TRY TO SUMMARIZE IT, TO TAKE THE QUESTIONS OUT, BECAUSE ALL THIS IS REPRINTED IN THE JOURNAL AND WE WANT TO TRY TO SAVE PAPERWORK AND WE HAVE DONE THAT. NOW, I WOULD ASK EACH OF YOU WHO ARE NOW SWORN, HAVE YOU HAD A CHANCE TO REVIEW IT, TO LOOK AT THE SUMMARY? (ALL INDICATED AFFIRMATIVE.) SENATOR SMITH: IS THERE ANYTHING IN THERE THAT NEEDS CORRECTION OR CHANGING? HAVE WE MADE ANY ERRORS, ANY TYPOS?
SENATOR SMITH: AND DO ANY OF YOU HAVE ANY OBJECTION IF WE PUT THAT IN THE JOURNAL JUST AS IF IT WERE YOUR SWORN TESTIMONY HERE BEFORE US? ANY PROBLEM WITH THAT, I WOULD SAY, TO ANY OF YOU? (ALL INDICATED NONE.) SENATOR SMITH: AND WE WILL DO THAT IN THE ORDER AS I WALK THROUGH NOW.
Q. JUDGE BIGGS, I BELIEVE YOU WERE LAST SCREENED IN NOVEMBER OF '83; IS THAT CORRECT?
(LAUGHTER.) MR. BURNSIDE: THAT'S HOW THEY GOT THE SATISFACTORY.
Q. THAT'S WHAT GOT YOU CLEARED.
Q. THAT'S CORRECT. ALL RIGHT, WE WILL MAKE A NOTE AND DO THAT SO WE CAN DO IT IN THE RIGHT COUNTY SO WE CAN GET THAT STRAIGHT; BUT I'M CONFIDENT THERE; OR HAS THERE BEEN ANY CHANCE SINCE THE LAST TIME YOU WERE SCREENED?
1. Alvin C. Biggs Home Address: Business Address: Route 2, Box 219 500 North Main Street Gaston, SC 29053 Summerville, SC 29483 2. He was born in Washington, North Carolina on August 16, 1942. Social Security Number: ***-**-**** 4. He was married to Rita McKay on April 22, 1972. They have 2 children: Kelly, age 10 and Eason, age 4. 5. Military Service: None 6. He attended the University of South Carolina, 1960-1966, BA Political Science and the University of South Carolina Law School, 1966-1969, JD Degree. 8. Legal Experience since graduation ; from law school: 2/69 - 1972 Associated with Furman Gressette 1972 - 12/76 Private practice 1/77 - 6/77 Private practice and Assistant Solicitor 6/77 - 6/79 Assistant Solicitor 6/79 - Present Family Court Judge 13. Judicial Office: Family Court, 6/79 - present 14. Public Office: House of Representatives, 1972-1974 and Assistant Solicitor, First Judicial Circuit, 1976-1979 23. Health is good. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Phi Delta Phi Legal Fraternity 33. Five letters of reference: (a) L.W. Amaker, Assistant Vice President South Carolina National Bank P.O. Box 216, St. Matthews, SC 29135 (b) Charles H. Williams, Esquire P.O. Box 1084, Orangeburg, SC 29116-1084 (c) Richard W. Vieth, Esquire 300 E. Henry Street, Spartanburg, SC 29302 (d) Charles W. Whetstone, Jr., Esquire P.O. Box 437, St. Matthews, SC 29135 (e) E.W. Dickson, General Counsel South Carolina Second Injury Fund Koger Center, Winthrop Building, Suite 119 220 Executive Center Dr., Columbia, SC 29210
Q. JUDGE NUESSLE. I'M ALWAYS WORRIED ABOUT THE PRONUNCIATION OF THAT.
1. Peter Raymond Nuessle Home Address: Business Address: 1411 Moultrie Drive P.O. Box 1275 P.O. Box 1275 Aiken, SC 29802 Aiken, SC 29802 2. He was born in Rochester, New. York on February 26, 1945. Social Security Number: ***-**-***** 4. He was married to Barbara Marie Patterson on December 22, 1965. They have ;2 children: Patterson Ryan, age 15 and Cameron Stuart, age 14. 5. Military Service: None 6. He attended the College of William and Mary, 1963-1967 (BA/Government) and the University of South Carolina School of Law, 1967-1970 (JD). 8. Legal Experience since graduation from law school: 1970-1973 Associate - Garvin and Grant, Aiken, SC 1973-1978 Partner - Garvin, Grant, Fox, Nuessle, Zier and Burkhalter, Aiken, SC 1973-1979 Business Law Instructor, Aiken Technical College 1978-1979 Peter R. Nuessle, Attorney at Law, Aiken, SC 1979-1983 Agency Counsel, South Carolina State Housing Authority, Columbia, SC 1983-Date Family Court Judge, 2nd Judicial Circuit, Aiken, SC 13. Judicial Office: 1983 to date, Family Court Judge, Second Judicial Circuit of South Carolina, elected by Legislature of South Carolina February 2, 1983, jurisdiction limited to Family Law 15. In 1980 he was an unsuccessful candidate of the Democratic Party for Aiken County Council, District No. 7. 22. Four complaints have been filed against him with the Judicial Standards Commission. All complaints were determined to be unfounded. 23. Health is good. 30. Civic, charitable, religious, educational, social, and fraternal organizations: St. Paul's Episcopal Church; Sigma Chi Fraternity; Houndslake Country Club; Woodside Plantation; Aiken Debutante Society 33. Five letters of reference: (a) Patricia E. Guglieri, Branch Manager P.O. Box 331, Langley, SC 29834 (b) Jim Bennett, President The Weekend Gardener P.O. Drawer 1607, Aiken, SC 29802 (c) John W. Harte, Esquire P.O. Drawer 586, Aiken, SC 29802-0586 (d) Robert M. Bell, Esquire Suite 1, 958 Millbrook Ave., Aiken, SC 29801 (e) B. Henderson Johnson, Jr., Esquire P.O. Box 2619, Aiken, SC 29802-2619
Q. MR. LEE, YOU WERE LAST SCREENED NOVEMBER 4TH OF '83. YOU ARE 57. COMMISSIONERS ON GRIEVANCES, AGAIN, HAS NO PROBLEMS. JUDICIAL STANDARDS SAYS NO RECORD OF REPRIMANDS AGAINST YOU. YOU LIVE IN BENNETTSVILLE.
1. Jamie F. Lee Home Address: Business Address: 598 Lakeshore Drive P.O. Box 22 Bennettsville, SC 29512 Bennettsville, SC 29512 2. He was born in Bennettsville, South Carolina on May 10, 1930. Social Security Number: ***-**-***** 4. He was married to Mary Breeden on December 30, 1954. They have 3 children: James Colin, age 32 (employed by South Carolina Law Enforcement Division); Jamie F., Jr., age 31 (self-employed by Lee Construction Company); and Mary Louise, age 27 (retired). 5. Military Service: U.S. Army; April 1948 - April 1953; SGT. RA14259728; Honorable Discharge; 1957-1985, USAF Reserve; Lt. Col.; ***-**-*****; Retired 6. He attended the University of South Carolina, 1953-1956, BS in Business Administration and the University of South Carolina Law School, 1956-January 1959, LLB. 8. Legal Experience since graduation from law school: He engaged in the general practice since admission to the Bar, including civil, criminal and domestic practice. He also represented the school district in desegregation cases and administrative proceedings from 1966 to 1983. He represented municipal governments, including utility rate cases, 1975-1983; Family Court Judge, 1983 to date. 13. Judicial Office: Appointed Family Court Judge, 1982; elected Family Court Judge, 1983-1984 and 1984-1988 14. Public Office: South Carolina House of Representatives, 1962-1966, elected; Bennettsville Board of School Trustees, 1967-1970, appointed; and Chairman, Marlboro County Election Commission, April 1970-1982, appointed 15. He was an unsuccessful candidate for the Family Court Judgeship in 1977. 22. Disciplined: He has not been disciplined or cited for a breach of ethics or unprofessional conduct. Two complaints were filed and dismissed. (1) He sentenced a man in a contempt proceeding when he had represented his wife in a default action some years previously. (2) A litigant complained that he would not allow him to represent himself in a contested custody action with jurisdictional questions. 23. Health is good. 25. He uses a hearing aid. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Masonic Order; Order of the Shrine; American Legion; United Way 33. Five letters of reference: (a) J. Aubrey Crosland Carolina Bank P.O. Box 677, Bennettsville, SC 29512 (b) J.C. McAlpine, M.D. 210 Market Street, Bennettsville, SC 29512 (c) Hon. Jennings K. Owens, M.D., Mayor City of Bennettsville P.O. Box 1036, Bennettsville, SC 29512 (d) Jack Rogers, Executive Director Marlboro County Industrial Development Board P.O. Box 653, Bennettsville, SC 29512 (e) William A. Rogers, President Marlboro County Bar Association P.O. Box 974, Bennettsville, SC 29512
Q. JUDGE BURNSIDE, YOU ARE LUCKY BECAUSE I WAS GOING TO GIVE YOU A PARTICULARLY HARD TIME. YOUR CREDIT, OF COURSE, IS SATISFACTORY. THE APPROPRIATE LAW ENFORCEMENT AGENCIES ARE ALL NEGATIVE; THE JUDGMENT ROLLS. AND THERE ARE NO COMPLAINTS AND NO REPRIMANDS. YOU INDICATE HERE, JUDGE, THAT YOU HAD A COLON POLYP REMOVED AND A KIDNEY STONE IN THE PAST 10 YEARS. IS THAT TWO TIMES OR ONE TIME? DIDN'T WE TALK ABOUT THIS BEFORE?
1. Robert H. Burnside Home Address: Business Address: 10850 Garners Ferry Road 1701 Main Street Eastover, SC 29044 P.O. Box 192 Columbia, SC 29202 2. He was born in Columbia, South Carolina on May 20, 1933. Social Security Number: ***-**-***** 4. He was married to Sara Carson Phifer on January 2, 1980. He has 3 children: Debra Burnside Rentz, age 31 (teaches mentally retarded children); Robert H., Jr., age 29 (Director, S.C. Pharmaceutical Association); and Ashley F., age 18 (student). (Previously granted no fault divorce on April 19, 1979 to Shelvy C. Burnside). 5. Military Service: U.S. Navy; Airman; 331-56-31; May 22, 1950 through May 19, 1954 (active duty 1/13/52 through 12/11/53); Honorable Discharge 6. He attended Presbyterian College, January 1954 to May 1957 (B.A. Degree) and the University of South Carolina Law School, September 1960 to January 1963. 8. Legal Experience since graduation from law school: 1963-1964 Assistant Trust Officer, S.C. National Bank 1964-1977 Private practice in Richland County, S.C. 1977-present Family Court Judge, Fifth Judicial Circuit 13. Judicial Office: Family Court, Fifth Judicial circuit; July 1, 1977 to present; also served ln Circuit Court from time to time 14. Public Office: South Carolina House of Representatives, September 14, 1971 through June, 1977; elected 15. He was an unsuccessful candidate for the South Carolina House of Representatives in 1970. 21. He was sued as a Family Court Judge by a disappointed party in a divorce action. He was a Defendant with the Governor and numerous other state officials. The case was abandoned by the Plaintiff. 23. Health is good. 24. Hospitalized: He has had a colon polyp removed and a kidney stone removed in the past ten years. 33. Five letters of reference: (a) Deborah A. Shuler, Assistant Vice President Standard Federal Savings & Loan Assn. 7347 Garners Ferry Road, Columbia, SC 29209 (b) C. Joseph Roof, Esquire P.O. Drawer 447, Columbia, SC 29202-0447 (c) Moulton A. Phifer, III Richland County School District One Dreher High School 701 Adger Road, Columbia, SC 29205 (d) Abb A. Jeffcoat, Jr., President Russell & Jeffcoat Realtors Incorporated 1931 Assembly Street, Columbia, SC 29201 (e) Judith L. Shelley Spring Valley High School Sparkleberry Lane, Columbia, SC 29223
SENATOR SMITH: BACK ON THE RECORD.
Q. JUDGE CAMPBELL, YOUR SUMMARY IS UNREMARKABLE.
Q. YOU WERE LAST SCREENED IN NOVEMBER OF '83. NOTHING IS PARTICULARLY CHANGED SINCE THAT TIME. YOU STILL DON'T HAVE ANY PROBLEM WITH YOUR BACK.
1. William M. Campbell, Jr. Home Address: Business Address: 1823 Heyward Street P.O. Box 192 Columbia, SC 29205 Columbia, SC 29202 2. He was born in Raleigh, North Carolina on July 11, 1938. Social Security Number: ***-**-***** 4. He was married to Susan Elizabeth Hilfer on June 12, 1982. (Previously divorced: February 7, 1977, William M. Campbell, The Court of First Instance of Santo Domingo, incompatibility and February 23, 1981, Diane Follingstad, Richland County (SC) Family Court, adultery) 5. Military Service: None 6. He attended The Citadel, 1957 and 1958 (left because of disinterest in academic affairs); the University of South Carolina, 1960-1962, B.S. (Marketing); the University of South Carolina, 1964 and 1965, MBA; and the University of South Carolina Law School, 1975- 1977, Juris Doctor. 8. Legal Experience since graduation from law school: December 1977 - September 1978, parttime legal researcher for law firm of Sanders & Quackenbush; October 1978 - March 1982, Special Prosecutor, Fifth Circuit (SC) Solicitor; and April 1982 June 1983, private practice as a partner in the law firm of Cotty & Campbell 13. Judicial Office: June 1983 to present, Judge of the Family Court for the Fifth Judicial Circuit, elected 14. Public Office: South Carolina House of Representatives, 1975-1983 17. Other Business: 1962-1964, IBM Corporation/sales; 1966-1967, Acting Head of Data Processing Dept., Midlands TEC; 1967-1969, Carolina Equipment & Parts and Turner Coleman, Inc./sales; 1969-1975, Manager of Administrative Services, Richtex Corporation; 1974-1980, Environment Research Center, Inc. - environment consulting; Occasional personal environment consulting, 1980 to June 1983 18. Charges: 1960, hunting on posted land, mailed $25 fine to magistrate; 1964, violation of watercraft regulations (insufficient number of flotation devices onboard boat), $25 fine; and 1987, forfeited $200 bond on charge of hunting doves over a baited field 19. In 1978 the South Carolina Tax Commission inquIred into the delayed filing of certain state tax returns. However, no basis was found to assess any penalty except the usual civil penalty and interest for late filing. 22. Disciplined: On February 7, 1977, Mr. W.M. "Monk" Shand, registered lobbyist for the United States Brewers Association, Inc., filed a complaint against him with regard to his legislative activities on behalf of the "Bottle Bill." The House Ethics Committee dismissed the complaint. Three complaints by litigants to the Commission on Judicial Standards were all deemed unfounded. 23. Health is good. 24. He was hospitalized for approximately 12 days in November 1981 for surgery on the lower back. He had a recovery period of three to four weeks. 25. He uses reading glasses to correct mild farsightedness and has some high frequency loss in hearing. 30. Civic, charitable, religious, - educational, social, and fraternal organizations: Ducks Unlimited; Sierra Club; Columbia Sailing Club; Fripp Island Club; Hobie Fleet 141 33. Five letters of reference: (a) Joel A. Smith, III, President NCNB P.O. Box 448, Columbia, SC 29202 (b) Hon. Barbara A. Scott Clerk of Court, Richland County, P.O. Box 1781, Columbia, SC 29202 (c) Robert L. Gandy, Jr. 150 Cheshire Drive, Columbia, SC 29210 (d) Hon. James C. Anders Solicitor, Fifth Judicial Circuit 1701 Main Street, Columbia, SC 29201 (e) Harry W. Davis, Jr., Commissioner Youth Services P.O. Box 7367, Columbia, SC 29202
Q. JUDGE HALL, YOU ARE THE LAST ONE IN THIS GROUP, AREN'T YOU?
1. Stuart H. Hall Home Address: Business Address: 1303 W. Rutledge Avenue P.O. Box 122 Gaffney, SC 29340 Gaffney, SC 29342 2. He was born in Gaffney, South Carolina on August 22, 1941. Social Security Number: ***-**-***** 4. He was married to Eleanor Kay Chappell on June 14, 1968. He was previously divorced in 1967 in Richland County Court on the ground of desertion for more than one year. He has 3 children: Elizabeth Whitner O'Dowd, age 24; Katherine Joyce, age 17; and Eleanor Caroline, age 17. 5. Military Service: None 6. He attended the University of South Carolina 1959-1963 (B.A.) and the University of South Carolina Law School, 1963-1966 (J.D.). 8. Legal Experience since graduation from law school: Hall, Hall & Daniel, 1966-1977 13. Judicial Office: City Recorder, City of Gaffney, appointed; Cherokee County Family Court Judge and Master in Equity, appointed 1977; and Family Court Judge of South Carolina 23. Health is good.
24. He was hospitalized and out of work for ten days in 1985 due to a hernia operation. 33. Five letters of reference: (a) Barry S. Morgan, Vice President and City Executive C & S National Bank of South Carolina P.O. Box 580, Gaffney, SC 29342 (b) The Reverend David Acrill Fort Box 608, Gaffney, SC 29342 (c) H.B. Kelly, Jr P.O. Box 1657, Gaffney, SC 29342 (d) Louis C. Sossamon, Publisher THE GAFFNEY LEDGER P.O. Box 670, Gaffney, SC 29342 (e) H.L. Frieze, Jr. P.O. Box 5887, Spartanburg, SC 29304 SENATOR SMITH: ALL RIGHT, I THINK--HAVE ANY OF YOU THAT I'VE JUST SCREENED AS A GROUP HAD ANY--WE'VE GOT A CROWD STANDING IN THE DOOR THAT HAS ABSOLUTELY NO IDEA WHAT'S GOING ON, YOU UNDERSTAND THAT. ANYBODY HAVE ANY STATEMENT THEY WOULD LIKE TO MAKE? ANYTHING TO ADD? JUDGE BURNSIDE: IF WE MADE MORE MONEY, WE WOULD PROBABLY HAVE CREDIT REFERENCES BETTER THAN SATISFACTORY.
SENATOR SMITH: ALL RIGHT; NOW, LET'S TRY JUDGE RIVERS, JUDGE BRIDGES. I FIGURED Y'ALL WOULD BE ALL ACROSS THE WAY OVER THERE. COME ON IN AND HAVE A SEAT. HOW MANY MORE PEOPLE HAVE WE GOT. BE DELIGHTED TO HAVE YOU WHO HAVE BEEN SCREENED STAY OR YOU CAN LEAVE, YOU KNOW. AND, AGAIN, I APOLOGIZE FOR THIS SORT OF UNUSUAL PROCEEDING.
SENATOR SMITH: LET ME EXPLAIN TO THOSE OF YOU WHO JUST CAME IN WHAT IS HAPPENING. WE ARE TRYING TO DO TWO SCREENINGS AT ONE TIME. AND SINCE THESE WERE ROUTINE AND THE COMMITTEE APOLOGIZES FOR IT, AGAIN, BUT SINCE THESE WERE MORE OR LESS ROUTINE, IT WAS THOUGHT THAT I COULD HOLD THOSE WHILE THE COMMITTEE GOES ON WITH THE OTHER SCREENING IN THE GRESSETTE BUILDING. WE WOULD BE DELIGHTED TO HAVE YOU ATTEND, SIT IN ON IT. ON THE OTHER HAND, MOST JUDGES I KNOW WANT TO BE AS FAR AWAY FROM THERE AS THEY CAN GET, AND SOME OF THE MEMBERS OF THE COMMITTEE; AND AS CHAIRMAN, I OFFERED TO COME OVER HERE. THIS IS MUCH MORE PLEASANT. AND, SO, WHAT I'M TRYING TO DO IS TO TAKE THE ROUTINE OF THE ROUTINE AND SORT OF TAKE THEM UP IN GROUP. AND, SO, AT THIS TIME I'M GOING TO ASK IF IN THE NINTH CIRCUIT WE WILL PROCEED TO TAKE UP JUDGE RIVERS; IN THE NINTH CIRCUIT, JUDGE BRIDGES; IN THE TENTH CIRCUIT, JUDGE CURETON; IN THE TWELFTH CIRCUIT, JUDGE CALDWELL; AND THE THIRTEENTH CIRCUIT, JUDGE SMITH; AND THE THIRTEENTH CIRCUIT, JUDGE BOARD; AND FOURTEENTH CIRCUIT JUDGE KLECKLEY; FIFTEENTH CIRCUIT, JUDGE HEARN; SIXTEENTH CIRCUIT, JUDGE WILBURN. ARE ALL OF YOU PRESENT? JUDGE HEARN: I DON'T SEE JUDGE BOARD. SENATOR SMITH: JUDGE BOARD IS NOT HERE. ALL RIGHT. SO I WOULD ASK ALL OF YOU AT THIS TIME TO STAND, THAT I HAVE JUST CALLED, TO STAND AND TAKE THE OATH. (HONORABLE L. MENDEL RIVERS, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE JUDY C. BRIDGES, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT #3; HONORABLE ROBERT H. CURETON, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE WYLIE H. CALDWELL, JR., CANDIDATE FOR JUDGE OF FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT #3; HONORABLE WILLIE T. SMITH, JR., CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT #3; HONORABLE ALBERT L. KLECKLEY, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE KAY G. HEARN, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE DAVID N. WILBURN, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT #1, WERE SWORN BY SENATOR SMITH.) SENATOR SMITH: HAVE ALL OF YOU HAD AN OPPORTUNITY TO REVIEW THE QUESTIONNAIRE OR OUR SUMMARY OF YOUR QUESTIONNAIRE AND IS THERE ANYTHING IN THERE WE NEED TO CHANGE OR CORRECT BECAUSE OF WHAT WE WILL DO, OF COURSE, IS PUT IT IN THE JOURNAL. JUDGE RIVERS: MR. CHAIRMAN. SENATOR SMITH: YES SIR. JUDGE RIVERS: I CALLED MRS. SATTERWHITE AND TOLD HER THE SPELLING OF ONE OF MY CHILDREN'S NAMES IS INCORRECT. SENATOR SMITH: WE NEED TO GET THAT STRAIGHT FOR THE RECORD. LET'S SEE JAMES A-B-A-Y-D. JUDGE RIVERS: IT'S NOT THAT ONE. IT'S CHARLES FRANCIS. SENATOR SMITH: ALL RIGHT, SIR. JUDGE RIVERS: IT'S F-R-A-N-C-I-S. SENATOR SMITH: F-R-A-N-C-I-S; GOOD, IT HAS BEEN CORRECTED ON THE ORIGINAL NOW. THANK YOU. JUDGE RIVERS: THANK YOU. SENATOR SMITH: ANYTHING WE OUGHT TO ADD TO ANYBODY'S?
SENATOR SMITH: IS THERE ANY OBJECTION THEN IF WE INCLUDE IT--OF COURSE, IT WILL BE IN THE JOURNAL SEPARATELY. WE HAVE WAYS TO HANDLE OUR RECORDS THAT YOU DON'T. JUDGE WARSHAUER: SENATOR SMITH. SENATOR SMITH: YES, SIR. JUDGE WARSHAUER: I WAS ON VACATION. I DON'T THINK I SAW MINE. DO YOU HAVE IT SO I CAN BE LOOKING IT OVER WHILE YOU'RE-- SENATOR SMITH: ALL RIGHT, LET'S SEE. JUDGE WARSHAUER: IT'S WARSHAUER. SENATOR SMITH: YES, SIR, I KNOW. (HANDED DOCUMENT TO JUDGE WARSHAUER.) JUDGE WARSHAUER: ALL RIGHT. SENATOR SMITH: IS THERE ANY OBJECTION THEN, I BELIEVE I ASKED YOU, IF WE GO AHEAD AND PUT THESE IN THE RECORD AS IF YOU HAD TESTIFIED TO IT?
SENATOR SMITH: I WILL SAY AS TO ALL OF YOU THAT YOU WERE ALL, I BELIEVE, LAST SCREENED IN NOVEMBER OF '83. HAVE THERE BEEN ANY BASIC CHANGES? THERE REALLY HAVEN'T FOR ANY OF YOU. JUDGE HEARN: SENATOR, I WAS SCREENED IN '86 BECAUSE I FILLED THE UNEXPIRED TERM OF JUDGE HOFFMAN. SENATOR SMITH: THAT'S CORRECT. JUDGE HEARN: I WAS NOT SCREENED IN '83. SENATOR SMITH: BUT AS TO ALL OF YOU, THE APPROPRIATE- LAW ENFORCEMENT RECORDS ARE CORRECT. YOUR STATEMENT OF ECONOMIC INTEREST--I'M INTERESTED THAT JUDGE RIVERS IS OCCASIONALLY A NEWSPAPER COLUMNIST; BUT AS TO ALL OF YOU, YOUR RECORD IS CLEAR WITH THE LAW ENFORCEMENT; YOUR CREDIT IS SATISFACTORY AND NEITHER SLED NOR THE F.B.I. HAVE FOUND ANYTHING ON YOUR RECORD. WOULD ANY OF YOU LIKE TO MAKE ANY COMMENT? JUDGE RIVERS: YES. SENATOR SMITH: YES, SIR. JUDGE RIVERS: I WOULD LIKE TO SAY THAT I'M DELIGHTED TO BE AMONG THE ROUTINE OF THE ROUTINE AND, IN FACT, I WOULD BE HAPPY TO BE INVISIBLE AFTER WHAT HAPPENED. SENATOR SMITH: I MEANT, WELL, I THINK Y'ALL KNOW I MEANT THAT AS A COMPLIMENT. JUDGE RIVERS: YES, SIR, I CONSIDER IT AS SUCH. THANK YOU. SENATOR SMITH: I COULD GET YOU A GOOD SEAT OVER THERE ACROSS THE ROAD. JUDGE RIVERS: PLEASE, I AM HAPPY WHERE I AM.
JUDGE CALDWELL: SENATOR. SENATOR SMITH: YES, SIR. JUDGE CALDWELL: JUST TO CLARIFY SOMETHING, JUDGE NUESSLE INDICATED THAT HE REPORTED TO YOU THAT HE--SOMEBODY HAD FILED COMPLAINTS THAT WERE DETERMINED UNFOUNDED BY THE JUDICIAL STANDARDS COMMISSION. I HAVE HAD ONE OF THOSE AND DID NOT REPORT THAT. THE JUDICIAL STANDARDS COMMISSION, WHICH I SERVE ON--- SENATOR SMITH: YES, SIR. JUDGE CALDWELL:--TAKES THE POSITION THAT IF THE COMPLAINT IS UNFOUNDED, THEN YOU ARE NOT REQUIRED TO REPORT IT. SENATOR SMITH: I THINK THAT IS CORRECT. JUDGE CALDWELL: NOW, YOU KNOW, IF THAT'S WHAT Y'ALL WANT FROM US, THEN I'D BE GLAD TO DO IT. SENATOR SMITH: NO, SIR. JUDGE CALDWELL: BUT I DID NOT REPORT ONE THAT I HAD HAD FILED AND WAS UNFOUNDED. SENATOR SMITH: SOME DO AND SOME DON'T. WE DON'T REALLY REQUIRE IT. THE PROBLEM IS THAT IF YOU DON'T DO IT AND FOUR YEARS FROM NOW OR WHENEVER YOU RUN FOR SOMETHING ELSE, A CITIZEN COMES FORWARD AND SAYS, WELL, LOOK, YOU KNOW, HE SAYS HE HAD NO COMPLAINTS AND I WROTE THEM THIS LETTER 10 YEARS AGO; AND THAT'S THE QUANDARY AND THAT IS SOMETHING THAT OUR COMMITTEE AND JUDICIAL STANDARDS AND THE COURT, WE NEED TO TRY TO WORK OUT TO ELIMINATE THAT POSSIBLE PROBLEM. WE HAVE SIMILAR SITUATIONS FROM TIME TO TIME THAT COME UP LIKE THAT WHERE, FOR INSTANCE, WE HAVE HAD THE CASES WHERE YOU ASK HAVE YOU EVER BEEN SUED AND YOU SAY NO. IT IS CONCEIVABLE, I HAVE DISCOVERED, THAT YOU CAN BE SUED AND NOT KNOW ABOUT IT, PARTICULARLY IN THE FEDERAL COURT. AND THAT HAS COME UP A TIME OR TWO AND THOSE ARE THE KINDS OF LITTLE THINGS THAT WE WANT TO TRY TO FLUSH OUT IN THE SYSTEM AND, SO, WE ARE CONSISTENT ALL THE TIME. BUT THE ANSWER TO THE QUESTION IS, IT'S NOT REQUIRED. JUDGE CALDWELL: MIGHT ASK YOU ONE MORE QUESTION. SENATOR SMITH: YES, SIR. JUDGE CALDWELL: IN VIEW OF JUDGE CAMPBELL'S REMARKS ABOUT THE RICHLAND PRINT SHOP, THE FLORENCE COUNTY IN THE COURTHOUSE OPERATES A SUPPLY STORE FROM WHICH ANYBODY WHO IS AN EMPLOYEE IN THAT BUILDING CAN PURCHASE OFFICE SUPPLIES, SUCH AS, LEGAL PADS, PENS, PENCILS, AND THAT KIND OF THING. WE DO THAT. I DID NOT REPORT THAT ON MY ECONOMIC INTEREST STATEMENT. I DON'T KNOW THAT IT'S ANY CHEAPER THERE THAN ANYWHERE ELSE. IT'S JUST CLOSER. SENATOR SMITH: I SAW THE SIGN ON THAT DOOR THE OTHER DAY. HAVE YOU READ THE SIGN ON THE DOOR? JUDGE CALDWELL: NO. SENATOR SMITH: IT IS THE MOST INVOLVED SET OF BUREAUCRATIC NONSENSE I'VE EVER SEEN IN MY LIFE. IT GOES SOMETHING LIKE THIS: ALL VOUCHERS FOR REQUESTED MATERIALS MUST BE IN THIS OFFICE PRIOR TO 11:00 O'CLOCK A.M. NO ONE IS HERE AT THIS TIME. NO ONE WILL BE HERE UNTIL 2:00 O'CLOCK THIS AFTERNOON. PUT YOUR VOUCHER IN THE BASKET IF YOU WANT DELIVERY BEFORE 3:00. THIS OFFICE WILL BE OPEN AT 3:00 FOR DELIVERY OF YOUR REQUESTED MATERIALS. IF YOU WANT THINGS THIS DAY, YOU MUST VOUCHER THEM. ANYWAY, IT GOES ON AND ON AND ON. I COULD HAVE WALKED DOWN THE STREET TO THE OFFICE SUPPLY PLACE AND BY THE TIME I READ THE SIGN, BUT ANYHOW.
JUDGE CALDWELL: I MIGHT HAVE TO MENTION THAT TO MY SECRETARY. MAYBE SHE COULD, TOO.
SENATOR SMITH: AND LET ME SAY, JUDGE CALDWELL, ON THE POINT YOU RAISE, AND I THINK IT IS IMPORTANT FOR US TO RECOGNIZE, AND YOU ALL DO, HOW VERY CAREFUL WE NEED TO BE. AND I'M NOT LECTURING JUDGES. YOU KNOW IT BETTER THAN I DO. BUT I THINK FOR ALL OF US THIS DAY AND TIME IT'S EXTREMELY IMPORTANT THAT WE WATCH AND LOOK VERY CAREFULLY. AND I BELIEVE JUDGE JOHN HAMILTON SMITH IN AN INTERVIEW RECENTLY SAID SORT OF THE SAME THING. JUDGE WALLER COMMENTED THE SAME THING WHEN WE HAD THE CIRCUIT COURTS UP HERE. WE LIVE IN A DIFFICULT TIME, BUT ALL OF YOU HOLD THE VERY HIGHEST TRADITIONS OF ETHICAL AND LEGAL AND JUDICIAL CONDUCT, AND I APPRECIATE IT, AND I KNOW EVERYONE DOES. AND ON BEHALF OF THE GENERAL ASSEMBLY, NOT THAT I'M ENTITLED TO SPEAK FOR THEM, BUT I WANT TO SAY HOW MUCH WE APPRECIATE YOUR SERVICE. ANY OTHER COMMENTS FROM ANY OF YOU IN THE LAST GROUP, IF YOU HAVEN'T FORGOTTEN WHO YOU WERE? YES, MA'AM. JUDGE BRIDGES: I HAVE A COMMENT. JUDY BRIDGES. SENATOR SMITH: YES, MA'AM. JUDGE BRIDGES: THAT I DID REPORT A COMPLAINT. IT WAS UNFOUNDED. YOU DIDN'T MENTION IT. SENATOR SMITH: YOU'RE RIGHT. JUDGE BRIDGES: BUT I THINK I SHOULD SAY SO, ALSO, ALTHOUGH IT CAME BACK UNFOUNDED. SENATOR SMITH: DID ANYONE ELSE? SEEMS LIKE I MIGHT HAVE MISSED ANOTHER ONE, BUT I THINK YOU ARE COVERED IF YOU MENTIONED IT. BUT IT WAS UNFOUNDED COMPLETELY ACCORDING TO THE RECORDS. JUDGE CALDWELL: WELL, LET ME SAY ONE MORE THING. THIS DOESN'T HAVE TO BE ON THE RECORD. SENATOR SMITH: WE WILL GO OFF THE RECORD.
PERSONAL DATA QUESTIONNAIRE SUMMARY 1. L. Mendel Rivers, Jr. Home Address: Business Address: 913 Dills Bluff Road P.O. Box 934 Charleston, SC 29412 Charleston, SC 29402 2. He was born in Alexandria, Virginia on October 6, 1947. Social Security Number: ***-**-***** 4. He was divorced on May 9, 1986 in the Family Court of Charleston County on the ground of one year's separation. He has 3 children: L. Mendel, III, age 11; James Abyad, age 9 and Charles Francis Middleton, age 8. 5. Military Service: Commissioned as: Ensign, Judge Advocate General's Corp, US Naval Reserve, June 12, 1969. He served 12 years in the US Naval Reserve and presently on IRR (Individual Ready Reserve) Status with grade of Commander. 6. He attended Princeton University, Princeton, New Jersey, 1965-1966 (transferred to attended Georgetown University; Georgetown University, Washington, D.C., 1966-1969, awarded B.S.L. (Bachelor of Science in Languages); and Georgetown University Law Center, Washington, D.C., 1969-1972, awarded J.D. Degree. 8. Legal Experience since graduation from law school: November 1972 - August 1973, private practice of law with Dan M. David, Esquire, Charleston, South Carolina August 1973 - October 1974, associate with Young, Clement & Rivers, Attorneys, Charleston, South Carolina October 1974 - April 1975, private practice of law with Thomas P. Lesesne, III, Esquire, Charleston, South Carolina April 1975 - May 1978, partner, Tillman and Rivers, Attorneys at Law, North Charleston, South Carolina May 1978 - present, Family Court Judge, Ninth Judicial Circuit 13. Judicial Office: He was elected March, 1978 and began serving May 15, 1978, as Judge of the Family Court of the Ninth Judicial Circuit, Seat #1, serving continuously since. 14. Public Office: He was elected November, 1972 to, the South Carolina House of Representatives. He served one term of two years. 15. Unsuccessful candidate: He ran unsuccessfully for the South Carolina Court of Appeals in June, 1983 for the seat now being held by C. Tolbert Goalsby, Jr. 17. He was a member of the Board of Directors of S,H,T & R Corporation, 1977-1978. This was an unsuccessful business selling souvenir and novelty items. He was a member of the Board of Directors of the Bank of North Charleston, North Charleston, South Carolina, 1974-1978. This was a local bank which merged with the National Bank of South Carolina in 1979. 21. Sued: The Family Court of the Ninth Judicial Circuit has been the subJect of several lawsuits in U.S. District Court since he was elected in 1978. He was a named Defendant in some of those law suits. He never was closely connected with any of the litigation and never testified in Court or in deposition. To the best of his knowledge, all law suits have been dismissed or settled. 22. He has never been disciplined or cited. These have been complaints made to the Judicial Standards Commission, all of which were dismissed at the initial stage. 23. Health is good. 25. He is nearsighted and wears contact lenses. His vision is corrected to 20/20. He suffers from a pre-glaucoma condition which is being treated by a prescription drug. There are no symptoms as yet, and his vision presently is normal. Hearing is alio normal, and he has no other physical handicaps. 27. He suffered from anxiety due to the pressure of exams in college and law school and consulted psychiatrists occasionally during that period. Since that time he has consulted psychiatrists occasionally for stress, pressure and marital problems. He has never been hospitalized or institutionalized for any mental condition, nor has he lost time from work due to a mental condition. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Member, Landmark Lodge #76; Ancient Free Masons of S.C.; President and Chairman of the Board, Berkeley County L. Mendel Rivers Memorial Association (an organization of Rivers family members and interested Berkeley County citizens who are restoring the boyhood home of the late Congressman L. Mendel Rivers in Berkeley County. 33. Five letters of reference: (a) Robert A. Daniel, Jr., Vice President Southern National P.O. Box 935, Charleston, SC 29402 (b) Deborah Peeples 1203 E. Arctic Avenue, Folly Beach, SC 29439 (c) John L. Creson, Esquire P.O. Box 1497, Augusta, GA 30903 (d) Edmonds T. Brown, III, Esquire P.O. Box 1082, North Charleston, SC 29406 (e) Kathryn L. Beeson, R.Ph.. 20 South Hampton Drive, Charleston, SC 29407
1. Judy Cone Bridges Home Address: Business Address: 184 Tradd Street #2 Courthouse Sq. Annex Charleston, SC 29401 P.O. Box 934 Charleston, SC 29402 2. She was born in McKinney, Texas on March 30, 1945. Social Security Number: ***-**-***** 4. She was married to James Leland Bridges on September 24, 1977. They have 1 child: Sarah Leland, age 5 1/2 6. She attended Winthrop College, 1963-1966, B.A. History & Asian Studies; Florida State University, 1966-1967, M.A. East Asian Studies; University of South Carolina, 1968-1973, 18 graduate hours in addition to master's degree (education); University of South Carolina Law School, 1974-1976, J.D. Law; University of Notre Dame Law School (London, England) Summer Study, 1975, Family Law, School Law, Jurisprudence; University of Denver Law School Summer Study, 1976, Trial Tactics & Juvenile Defense Clinic; National Judicial College, University of Nevada (completed certificates), 1978 (Evidence Seminar/1 week), 1979 (Search & Seizure/1 week), 1980 (General Jurisdiction/3 weeks), 1981 (Criminal Evidence/1 week), and 1982 (Faculty Advisor: Special Jurisdiction/2 weeks) 8. Legal Experience since graduation from law school: She graduated from the University of South Carolina Law School in December 1976, and she was admitted to the South Carolina Bar in May 1977. In September 1977, she was an Associate of Leonard Krawcheck's Law Office, engaged in the general practice of law. They represented Seabrook Island Company in real estate transactions and acted as general counsel. Real estate, contracts, and domestic law were the areas in which she specialized. From October 1977 to October 1978, she also represented the City of Charleston as Assistant Corporation Council with the responsibility of prosecuting criminal cases in the Municipal Court. Also it was her responsibility to represent the City in cases involving tort claims, government contracts, zoning issues and tax matters. From October 1978 to February 1983, she served as Associate Municipal Court Judge for the City of Charleston. In February 1983, she was elected as Family Court Judge for the Ninth Judicial Circuit, Seat #3. In February 1984, she was reelected as Family Court Judge for the Ninth Judicial Circuit, Seat #3 and has served continuously since. 13. Judicial Office: She served as Associate Municipal Court Judge for the City of Charleston from 1978 to 1983. The position is appointed by the Mayor, upon consent from City Council. The Court has a limited jurisdiction of $200.00 or thirty (30) days in the County Jail, and involves criminal cases only. Also, she was elected as Family Court Judge of the Ninth Judicial Circuit in February 1983 and reelected in February 1984 and has served continuously since. Jurisdiction is limited to domestic and Juvenile criminal actions. 17. From 1967 to 1974 she was a public school teacher, instructing high school social studies: 1967-1968, Athens, Georgia, World History and Sociology 1968-1971, Richland County School District #1 Social Studies 1971-1974, Sumter School District #7 Tenth Grade World History 23. Health is excellent. 24. She has never been hospitalized for more than ten days. In August 1982, she gave birth to her daughter. After two weeks, she began to work on a part-time basis and resumed a full-time schedule after one month. Since 1982, there has been no such hospitalization or incapacitation for more than ten days. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Winthrop College Board of Visitors 33. Five letters of reference: (a) Glenn H. Barrineau, Branch Manager First Union National Bank of SC P.O. Box 995, Charleston, SC 29401 (b) Charles S. Goldberg, President Charleston County Bar P.O. Box 9, Charleston, SC 29402 (c) Benjamin B. Smith, Rector Grace Episcopal Church 99 Wentworth Street, Charleston, SC 29401 (d) Robert E. Watson, Esquire P.O. Box 1118, Moncks Corner, SC 29461 (e) Leonard Krawcheck, Esquire P.O. Drawer 1018, Charleston, SC 29401
1. Robert Holmes Cureton Home Address: Business Address: 520 Robin Drive County Courthouse Seneca, SC 29678 Walhalla, SC 29691 2. He was born in Pickens, South Carolina on September 22, 1937. Social Security Number: ***-**-***** 4. He was married to Sarah Walker on June 20, 1959. They have 3 children: Martha Denise, age 24 (engineer); Patricia Anne, age 22 (engineer); and Kimberly April, age 15 (student). 5. Military Service: 1959-1960, United States Army (INF. CPT); 1960-1977, United States -Army Reserve (INF & JAGC, CPT) 6. He attended Clemson University, 1955-1959, B.S. and the University of South Carolina Law School, 1960-1963, LLB. 8. Legal Experience since graduation from law school: February, 1963-1967, Associate, Holcombe and Bomar Spartanburg, SC 1967-1975, Partner, Holcombe, Bomar and Cureton Spartanburg, SC April, 1975 - June, 1977, Judge, Civil, Criminal and Family Court of Oconee County June, 1977 - Present, Family Court Judge Tenth Judicial Circuit 13. Judicial Office: April, 1975 - June, 1977, Judge, Civil, Criminal and Family Court of Oconee County (10 years and $15,000.00); June, 1977 - Present, Family Court Judge, Tenth Judicial Circuit 22. Disciplined: There was a complaint by letter dated August 25, 1987, by John M. Brown, Jr., which was dismissed November 25, 1987. 23. Health is good. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Seneca Presbyterian Church (Elder); Spartan Lodge #70, A.F.M.; Hejaz Shrine Temple 33. Five letters of reference: (a) Towns C. Ramey, Jr. South Carolina National Bank 301 East Main Street, Seneca, SC 29678 (b) Archie I. Barron 401 Waterford Drive, Seneca, SC 29678 (c) R. Daniel Day, Esquire P.O. Box 1587, Seneca, SC 29679-1587 (d) Julian L. Stoudemire, Esquire P.O. Box 99, Seneca, SC 29679-0099 (e) Michael D. Glenn, Esquire P.O. Box 917, Anderson, SC 29622-0917
1. Wylie H. Caldwell, Jr. Home Address: Business Address: 1151 Brunwood Drive Box V, City-County Complex Florence, SC 29501 Florence, SC 29501 2. He was born in Florence, South Carolina on August 29, 1942. Social Security Number: ***-**-***** 4. He was married to Mary Gwynette McCurley on August 29, 1965. They have 2 children: Wendy, age 19 (student) and Benjamin Floyd, age 16 (student). 5. Military Service: U.S. Army Reserve; 1965-1971; E-5; Honorable Discharge 6. He attended the University of South Carolina, 1960-1964 (BA) and the University of South Carolina Law School, 1964-1967 (JD). 8. Legal Experience since graduation from law school: He practiced law from 1967 until 1980 when he became a Family Court Judge. His law practice included property, domestic relations, criminal and personal injury work. He served as City Attorney, Assistant Solicitor and in other prosecutional positions while maintaining a private law practice. 13. Judicial Office: 1980 - present, Family Court Judge He has also served periodically as a Special Circuit Judge. 14. Public Office: Florence County Council, 1977-1980, elected; Assistant Solicitor, 1974-1976; City Attorney, 1976-1977 23. Health is good. 30. Civic, charitable, religious, educational, social, and fraternal organizations: St. Luke Lutheran Church, Florence, South Carolina; Florence Country Club; Consteau Society 33. Five letters of reference: (a) Charles K. Williams, Senior Vice President South Carolina Federal P.O. Drawer 4339, Florence, SC 29502 (b) Haigh Porter, President Florence County Bar Association P.O. Box 4337, Florence, SC 29502-1337 (c) Michael Ballenger, Esquire P.O. Box 107, Florence, SC 29503 (d) J.M. Rainwater, Jr., President Rainwater Furniture Company 1639 W. Palmetto Street, Florence, SC 29501 (e) Hon. George E. Terry Clerk of Court, Florence County Drawer E, City-County Complex, Florence, SC 29501
1. Willie T. Smith, Jr. Home Address: Business Address: 601 Jacob Road P.O. Box 757 Greenville, SC 29605 Greenville, SC 29602 2. He was born in Sumter, South Carolina on January 17, 1920. Social Security Number: ***-**-***** 4. He was married to Anna Marie Clark on June 9, 1955. They have 1 son: Willie T., III, age 31 (sports writer). 5. Military Service: He served in the Army of the United States during World War II from February 1942 until December 1945 in North African, Mediterranean and Pacific Theaters of Operations; U.S. Air Force during the Korean Conflict, May 1949 until November 1952. Honorable Discharges; Rank, Technician 4th Class; Serial No. 34 250 614 6. He attended Benedict College in Columbia, South Carolina, September 1936 until February 1939 and September 1941 until February 1942 (drafted into Army); Johnson C. Smith University, Charlotte, North Carolina, September 1946 until August 1947 (AB); School of Law, South Carolina State College, Orangeburg, South Carolina, September 1947 until February 1949 and February 1953 until May 1954 (LLB now JD). 8. Legal Experience since graduation from law school: 1954-1967 Private practice of law 1967-1973 Assistant Director, Legal Services Agency of Greenville County 1973-1977 Executive Director of Legal Services Agency of Greenville County 1977 Family Court Judge 14. Public Office: Board of Trustees School District of Greenville County, 1973-1976; elected by the Board of Trustees; served 3 years 15. Unsuccessful candidate: In 1971. in ran at large for the School Board of Greenville County. 23. Health is good. 24. In December of 1980 he had prostate surgery. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Rotary Club of Greenville; American Legion Post 231; Phi Alpha Chapter of Omega Psi Phi Fraternity; Mason; Shriner; Mattoon United Presbyterian Church--Elder 33. Five letters of reference: (a) H. Ray Davis, Chairman and Chief Executive Officer First Federal of South Carolina P.O. Box 408, Greenville, SC 29602 (b) Richard J. Foster, Esquire P.O. Box 2146, Greenville, SC 29602 (c) J.D. Todd, Jr., Esquire P.O. Box 87, Greenville, SC 29602-0087 (d) C. Ben Bowen, Esquire P.O. Box 2547, Greenville, SC 29602 (e) James C. Parham, Jr., Esquire P.O. Box 10207, Greenville, SC 29603
1. Albert L. Kleckley Home Address: Business Address: P.O. Drawer X P.O. Drawer X Highway 336 111 West Adams Street Ridgeland, SC 29936 Ridgeland, SC 29936 2. He was born in.Ridgeland, South Carolina on September 26, 1943. Social Security Number: ***-**-***** 4. He was married 5. Military Service: None 6. He attended the University of South Carolina, 1961-1965 (BA) and the University of South Carolina School of law, 1965-1969 (JD). 8. Legal Experience since graduation from law school:
He moved to Ridgeland, South Carolina after admission to the South Carolina Bar on September 10, 1969 and practiced with Walker & McKellar until 1971. He was a sole practitioner in Ridgeland, South Carolina from January 1, 1971 until elected Family Court Judge on July 1, 1977. He has also attended seminars sponsored by the South Carolina Bar. 14. Public Office: He was appointed to the Jasper County School Board, 1970-1971 and elected to the South Carolina House of Representatives, District No. 122, 1972-1976. 16. He is a stockholder in Kleckley Gas of Hardeeville, Inc., which is a closed family corporation. He receives no compensation and takes no active part in the business. 18. He was held for suspicion one night in Savannah, Georgia at the age of about 15 years old. He was released the next morning and charges were never filed. 19. He was under investigation involving his election to the South Carolina House of Representatives, but the investigation was dismissed. 21. His opponent in his election to the South Carolina House of Representatives filed several suits in 1974 against him, the Governor of South Carolina, the Election Commission, the Jasper County Election Commission and probably many others. He also had a mechanics lien filed against him on a piece of property, as a subdivision owner, but the action was dismissed. He also had a friendly lawsuit with his present wife in January of 1983 whereby division of property was agreed upon. He was also sued by a litigant in January of 1983 which was placed on inactive status. He was involved in an administrative procedure with the South, Carolina Coastal Council in 1987 over a dock permit which was settled. 23. Health is good. 24. He was hospitalized on February 19, 1978 for a broken jaw, skull fracture and concussion. His jaw was wired up for months. He had a shoulder separation repaired in May of 1973 or 1974 and was hospitalized for 11 days. He had ruptured disks removed in September of 1987 with complications. He returned to work on December 17, 1987. 26. He sees Dr. Wirth, #4 Jackson Boulevard, Savannah, Georgia 31499-3501 for aftercare for back.surgery. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Ridgeland Little League Baseball and Football Association 33. Five letters of reference: (a) James R. Rhodes, Jr., Vice President First National Bank P.O. Box 880, Ridgeland, SC 29936 (b) Gary D. Brown, Esquire P.O. Box 418, Ridgeland, SC 29936 (c) Cornelius J. Riley, Esquire P.O. Box 1125, Hardeeville, SC 29927-1125 (d) Darrell Thomas Johnson, Jr., Esquire P.O. Box 1125, Hardeeville, SC 29927-1125 (e) Joseph N. Malphrus, Individually, and as President Jasper County Bar Association P.O. Drawer M, Ridgeland, SC 29936
1. Kaye Gorenflo Hearn Home Address: Business Address: 507 Ninth Avenue P.O. Box 406 Conway, SC 29526 Conway, SC 29526 2. She was born in Delaware, Ohio on January 30, 1950. Social Security Number: ***-**-***** 4. She was married to George M. Hearn, Jr. on February 16, 1980. (Previously divorced by Order of the Honorable John Black dated November 13, 1978. R. Howard Grubbs was the moving party, and the ground was desertion). 6. She attended Bethany College, 1968-1972 (B.A. History, magna cum laude), Edinboro College, 1973-1974 (left Master's Degree program to attend law school), and University of South Carolina School of Law, 1974-1977 (J.D., cum laude). 8. Legal Experience since graduation from law school: April, 1977 - August, 1979, law clerk to the Honorable J. B. Ness, Associate Justice, S.C. Supreme Court; September, 1979 - January, 1981, associate with Stevens, Stevens & Thomas; January, 1981 - June, 1986, partner in law firm of Stevens, Stevens, Thomas, Hearn & Hearn, P.A.; July, 1986 - present, Resident Judge of the Family Court of the Fifteenth Judicial Circuit 13. Judicial Office: Elected Family Court Judge of the Fifteenth Judicial Circuit on May 25, 1986. She has been serving continuously in this capacity since being sworn into office on June 20, 1986. 21. She was sued for divorce by her first husband, R. Howard Grubbs, in 1978. The ground for divorce was desertion for a period of one year. She was also sued in her capacity as Bar Examiner in the case of John V. Crangle v. Board of Law Examiners of South Carolina, et al. Her dismissal as a party in this action is being sought since she had already been elected to the Family Court Bench when the Plaintiff failed the bar exam in question, and therefore, was not a Bar Examiner on that date. She understands from the Attorney General's Office that the Magistrate has filed a report recommending dismissal of the entire case. 23. Health is excellent. 25. She wears corrective lenses. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Member of the Vestry at St. Paul's Episcopal Church, Conway; Member of the choir of St. Paul's Episcopal Church, Conway; Member of the Horry County Arts Task Force; Member of the Governor's Committee on Criminal Justice, Crime and Delinquency, Member of Victim Assistance Subcommittee (Subcommittee of the Governor's Committee on Criminal Justice); Member of the Criminal Classification Subcommittee (Subcommittee of the Governor's Committee on Criminal Justice); Member of the Child-Witness Task Force; Member of the Family Law Bench/Bar Liason Committee; and Member of the South Carolina Board of Bar Examiners (1984-1986). 33. Five letters of reference: (a) Anne W. Small, Vice President NBSC P.O. Box 368, Loris, SC 29569-0368 (b) Hon. Marion H. Kinon, Circuit Judge at Large P.O. Drawer 271, City-County Cmplx. Building Dillon, SC 29536-0271 (c) H.E. Bonnoitt, Jr., Esquire P.O. Box 436, Georgetown, SC 29442 (d) Hon. Billie G. Richardson, Clerk of Court Horry County P.O. Box 677, Conway, SC 29526 (e) J. Gregory Prior, Rector St. Paul's Episcopal Church P.O. Box 1086, Conway, SC 29526
1. David N. Wilburn, Jr. Home Address: Business Address: Clendale Road Union County Courthouse Union, SC 29379 P.O. Box 547 Union, SC 29379 2. He was born in Union, South Carolina on July 15, 1929. Social Security Number: ***-**-***** 4. He was married to Mary Lou Ellis on August 8, 1950. They have 3 children: David N., III, age 35 (sales); Carol Lindsay W. Franken, age 33 (housewife); and Timothy E., age 31 (engineer). 5. Military Service: U.S. Marine Corps; January 1951 through November 1952; Captain; 051226; Honorable Discharge 6. He attended Furman University, 1946-1950, B.A. and the University of South Carolina Law School, 1953-1955, LLB. 8. Legal Experience since graduation from law school: General practice of law in Union, S.C., 1955-1975 13. Judicial Office: Judge, Union County Court, January 1, 1973 through July 1, 1977; Concurrent Jurisdiction with Circuit Court; Civil Jurisdiction limited to $25,000.00; criminal Jurisdiction excluding murder, treason, any other crime exclusively in Circuit Court by State Constitution 14. Public Office: Solicitor, Union County Court, elected 1967- 1973 15. Unsuccessful candidate: South Carolina House of Representatives, 1958 20. Tax Lien: He had income tax liens in late 60's or early 70's. All were satisfied prior to 1977 screening. 21. Sued: Approximately $1,500.00 default judgment against former law firm by West Publishing; Judgment taken after he left firm; Judgment satisfied 1977; cleared by Screening Committee 1977 23. Health is good. 24. Hospitalized: He was hospitalized October 1, 1987 through October 7, 1987, Henrico Hospital, Richmond, Virginia for coronary by-pass operation. He was relieved from courtroom assignment until December, 1987. He has full recovery without limitation or activities. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Episcopal Church of Nativity, Union, South Carolina; Union Country Club, Union, South Carolina; Fairwood County Club, Union, South Carolina 33. Five letters of reference: (a) W.C. Bennett, Chief Executive Officer Arthur State Bank P.O. Drawer 769, Union, SC 29379 (b) Richard M. Steele, President Union County Bar P.O. Box 651, Union, SC 29379-0651 (c) Thomas H. White, IV, Esquire P.O. Box 266, Union, SC 29379 (d) Luther C. Elrod, III, Esquire P.O. Drawer 11091, Rock Hill, SC 29731 (e) Peter M. Perrill, Esquire P.O. Drawer 2530, Rock Hill, SC 29731-2530 SENATOR SMITH: THANK Y'ALL. YOU'RE WELCOME TO STAY. IF YOU WOULD LIKE TO GO, WE WILL DO THAT NOW BECAUSE WE HAVE SOME FIRST-TIME CANDIDATES AND A COUPLE OF OTHER LITTLE MATTERS; SO, WE WILL TAKE THOSE UP. BE DELIGHTED TO HAVE YOU STAY. AND, AGAIN, I APOLOGIZE FOR THE THE APPARENT DISARRAY BUT IT'S BEEN A LONG THREE DAYS.
(BACK ON THE RECORD.) SENATOR SMITH: WE ARE NOW ABOUT TO SCREEN CANDIDATES FOR THE VACANCY IN THE THIRD JUDICIAL CIRCUIT. THIS VACANCY, AS ALL OF THE OTHERS, WAS PUBLICLY NOTICED AND TWO INDIVIDUALS HAVE COME FORWARD TO APPLY AS A CANDIDATE FOR THAT SEAT, MRS. FRANCIS MATTHEWS AND INCUMBENT JUDGE BERNARD WARSHAUER. MS. MATTHEWS. MS. MATTHEWS: YES. SENATOR SMITH: AND LET ME SAY FOR THE RECORD THAT NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO EITHER ONE OF THESE CANDIDATES; AND, SO, I WOULD ASK, MS. MATTHEWS, IF YOU WOULD COME FORWARD AND TAKE THE WITNESS CHAIR. MS. MATTHEWS: IS THIS FINE? SENATOR SMITH: YES, THAT'S FINE. AND I'LL ASK YOU TO RAISE YOUR HAND AND TAKE THE OATH. (MS. FRANCES C. MATTHEWS, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT #1, WAS DULY SWORN BY SENATOR SMITH.)
Q. MS. MATTHEWS, AS YOU HAVE HEARD PREVIOUSLY, WE TAKE YOUR SUMMARY AND BASICALLY TAKE THE QUESTIONS OUT AND PUT THE ANSWERS, AS HOPEFULLY, YOU HAVE GIVEN THEM; AND HAVE YOU HAD A CHANCE TO LOOK THIS SUMMARY OVER?
1. Frances C. Matthews Home Address: Business Address: 25 Baker Street P.O. Box 1752 Sumter, SC 29150 Sumter, SC 29151 2. She was born in Fitzgerald, Georgia on July 26, 1946. Social Security Number: ***-**-***** 4. She is single. 6. She attended USC-Columbia, June 1964-June 1966, Associate in Science, Secretarial Science; Clemson University at Sumter, 1970-1972; USC-Columbia, Spring 1975; USC-Sumter, Summer 1975; USC-Sumter/Shaw AFB, Spring-Fall 1978, B.A. English; USC-Columbia, August 1979-December 1981, J.D. 8. Legal Experience since graduation from law school: February 1982 - July 1984 Law Office of Jan L. Warner July 1984 to present Sole practitioner 9. Frequency of appearances in court during the past five years: Federal - State - Other than one action filed in the Court of Common Pleas and two bankruptcy actions, all of her legal work has been in the Family Court. She appears in Family Court on a weekly basis. 10. Percentage of litigation: Civil: Domestic: 99.99% Criminal: 11. Percentage of cases in trial courts: Jury: Non-Jury: 100% (sole counsel) 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) In 1985 she represented a husband in an action for divorce, custody and related relief. At the final hearing, his client was granted a divorce and custody of his 16-month-old daughter. The wife appealed, but she later abandoned her appeal after her motion for supersedeas regarding the custody issue was denied by the South Carolina Supreme Court. This case is significant because it represents the growing trend in the family courts to award custody of a child to a father if the judge believes it will be in the child's best interest. (b) In 1985, she represented a lady in a domestic abuse action and later in a divorce action involving the ground of physical cruelty, custody of three children, equitable division, attorney's fees and costs, and related relief. The final hearing took approximately two and one-half days. She prevailed on every issue. This case will always be significant because it was the most acrimonious divorce case she has ever handled. She hopes she never handles another case as bitter. The husband lied at every: opportunity about every issue. It was a 15 year marriage, and the divorce action reinforced to her the problems representing a wife who has been living in a physically abusive marriage for an extended period of time. (c) In the case mentioned in (b) above, her client was awarded $5,000.00 as a contribution to her attorney's fee bill, payable to the client through her. She was forced to bring several contempt/enforcement actions in family court because the husband was determined not to pay her. Finally in 1987, the husband filed a Chapter 11 action in bankruptcy court to have his debts discharged. She was his only creditor. She filed an adversary proceeding in bankruptcy court to have the debt to her declared non-dischargeable. After two hearings in bankruptcy court, the debt was declared non-dischargeable. She was then able to proceed in family court to enforce the attorney's fee award. This case was significant because it defeated the husband's attempt to undermine the family court judge's ruling concerning the wife's entitlement to attorney's fees from the husband. It was also significant because she finally received the money awarded to her two years earlier. (d) Shortly after the appellate courts in South Carolina established the doctrine of rehabilitative alimony, she represented a husband in a divorce and alimony action. The parties had been married for approximately seven months. The trial judge awarded the wife rehabilitative alimony in a form other than a direct monetary award. The wife appealed the form of the rehabilitative alimony award. Without oral argument, the South Carolina Supreme Court affirmed the trial judge's rehabilitative alimony award by way of South Carolina Supreme Court Rule 23. This case was significant because, in her opinion, the South Carolina Supreme Court allowed the trial judge to be creative in the award of rehabilitative alimony after such a short marriage. (e) She represented the maternal grandparents who lived in Missouri in an action to obtain custody of their two-year-old grandson who was in the custody of the Sumter County Department of Social Service (DSS) as a result of the natural parents' neglect. The grandparents had already lost contact with another grandchild by the same parents as a result of another abuse/neglect action. (That child was adopted by her foster parents.) The Family Court judge awarded custody of the grandson to her clients. This case was significant because it was certainly in the child's best interests to be removed from foster care and to be raised by his close relatives. This case was also her first involvement with the Interstate Compact on Children, and she was pleased that the Compact works and that the agencies in two states were able to cooperate with each other to benefit this child. 17. Other occupation: From June 1966 to November 1967, she worked as a secretary at the Pentagon in Washington, D.C. From November 1967 to June 1969, she worked as a secretary for the Department of the Army in the Republic of Korea. From June 1969 to June 1970, she worked as a secretary in the Pentagon. From July 1971 to July 1979 she was the sole proprietor of The Snail's Pace Gift Shop in Sumter, S.C. 23. Health is excellent. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Sumter City/County Planning Commission; Sumter Lion's Club; YWCA; Greater Sumter Chamber of Commerce; Business & Professional Women's Assoc. (BPW); Trinity United Methodist Church; MADD; Sumter Youth 2000; The Forum 33. Five letters of reference: (a) Charles J. Broadwell, Vice President National Bank of South Carolina P.O. Box 1798, Sumter, SC 29151-1798 (b) F.A. Willson Certified Public Accountant P.O. Box 502, Sumter, SC 29150 (c) S. Anne Walker, Executive Director Alston Wilkes Society P.O. Box 363, Columbia, SC 29202 (d) T.H. Davis, III, Esquire P.O. Box 1665, Sumter, SC 29151 (e) John O. McDougall, Esquire P.O. Drawer 1289, Sumter, SC 29151-1289Q.
WHY DID YOU GO TO LAW SCHOOL? I'VE GOT TO KNOW WHY LAW SCHOOL, AND THE REASON FOR THAT IS YOU OBVIOUSLY HAD AN UNUSUAL AND EXCITING CAREER AS A SECRETARY AT THE PENTAGON, AND SECRETARY FOR THE ARMY IN KOREA, AND BACK IN THE PENTAGON, AND YOU RAN THE--I REMEMBER THE SNAIL'S PACE GIFT SHOP. SENATOR SMITH: JUDGE WARSHAUER. (HONORABLE BERNARD J. WARSHAUER, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT #1, WAS DULY SWORN BY SENATOR SMITH.)
Q. JUDGE, YOU HAVE JUST RECENTLY HAD AN OPPORTUNITY TO LOOK AT OUR SUMMARY. DID WE DO IT CORRECTLY?
1. Bernard Jerome Warshauer Home Address: Business Address: 629 Periwinkle Court P.O. Box 1816 Sumter, SC 29150 108 North Magnolia St. Sumter, SC 29151 2. He was born in Wilmington, North Carolina on December 3, 1920. Social Security Number: ***-**-***** 4. He was married to Alice Eugenia Hatcher Means on December 10, 1977. (Previously divorced from Jean O'Neal Warshauer in Durham, NC, County Civil Court; one year's separation; September 8, 1965). He has 3 children: Donna Warshauer Boone-Caldwell, age 35 (secretary, Blacksburg, VA); Michael Jerome, age 29 (attorney with firm of Kitchens, Kelley, Gaynes, Huprich & Shmerling in Atlanta, GA); and Wendy Leigh, age 27 (nurse in Greenville, NC). 5. Military Service: U.S. Army; 1942-1947; Lt. Col. (Res.) (Retired); Serial #0433970; Honorable Discharge, March 4, 1968; S.S. #***-**-***** 6. He attended The Citadel, 1941, B.S. Business Administration and the University of North Carolina Law School, 1965, LLB. 8. Legal Experience since graduation from law school: Admitted to North Carolina Bar 1965, S.C. Bar and Federal Courts 1966 Associate and partner in firm of Atkinson & Warshauer, 1965-1971 Private law practice, 1971-1976 Master in Equity for Sumter County, 1972-1976 Acting Judge, Civil & Domestic Relations Court, Sumter County, November-December, 1972 & February-March, 1975 Judge, Civil & Domestic Relations Court, Sumter County, September 1976 - June 1977 Judge, Family Court, Third Judicial Circuit, July 1977 to present 13. Judicial Office: Master in Equity for Sumter County, 1972-1977, appointed; Acting Judge, Civil & Domestic Relations Court, Sumter County, November-December 1972 and February-March 1975, appointed by Governor West; Judge, Civil & Domestic Relations Court, Sumter County, September 1976 - June 1977, appointed by Governor Edwards; Judge, Family Court, Third Judicial Circuit, July 1977 to present, elected by South Carolina Legislature 17. He was President & Treasurer of Carolina Dry Goods Company in Wilmington, North Carolina, 1948- 1963. 20. He had a dispute with the IRS in 1981 which amounted to less than $200 settled. 21. He was a joint Defendant, along with many others, in a suit which was dropped. Petitioners have since publicly apologized and suit ended with prejudice. 22. Disciplined: Two complaints have been filed to the Judicial Grievance Committee. Both were dismissed as unfounded. 23. Health is good. 26. He is currently being treated for diabetes (controlled by diet) by Dr. Salvador, Shaw Air Force Base, South Carolina 29152. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Temple Sinai, Congregation Vice-President, former President of Men's Club; American Contract Bridge League, National Board of Directors for District #7, Member of Charity and Educational Advisory Committee; Sumter Rotary Club; Sumter Citadel Club; Mason; B'Nai B'rith 33. Five letters of reference: (a) Marvin D. Trapp, Chairman and President NBSC P.O. Box 1798, Sumter, SC 29151-1798 (b) Milton I. Schlager, Rabbi Congregation Sinai P.O. Box 1673, Sumter, SC 29151 (c) Ronald H. Smith, Director Sumter County Department of Social Services P.O. Box 68, Sumter, SC 29151-0068 (d) Charles V. Singleton, Director of Community Programs II Sumter Carolina Department of Youth Services P.O. Box 1235, Sumter, SC 29151 (e) G.E. Myers Sumter School District No. 17 Sumter, SC 29150
Q. YOU WERE, OF COURSE, LAST SCREENED IN NOVEMBER OF 1983. YOU HAVE DISCLOSED THE TWO COMPLAINTS OR TWO LETTERS OF COMPLAINTS WERE SENT TO THE JUDICIAL GRIEVANCE COMMITTEE. THEY HAVE ADVISED US THAT THEY HAVE NO RECORD OF REPRIMAND, BUT YOU HAVE DISCLOSED THAT. WAS THAT BEFORE? I DID NOT HAVE AN OPPORTUNITY TO GO BACK AND LOOK AT YOUR LAST SCREENING. HAS THAT BEEN SINCE?
JUDGE, YOU ARE 67 AND GOT A NICE YOUNG LADY RUNNING AGAINST YOU. YOU FEEL STRONGLY ABOUT CONTINUING, I ASSUME.
Q. THAT'S THE JUDGE WARSHAUER THAT I KNOW. PROCEED.
A. I CERTAINLY HOPE THAT I CAN SERVE OUT THIS ONE LAST TERM.
(BACK ON THE RECORD.) SENATOR SMITH: THE VACANCY WAS PUBLICALLY NOTICED AND WE HAVE HAD THREE CANDIDATES COME FORWARD: MELVIN D. BANNISTER, RICHARD G. WHITING, AND JOSEPH A. WILSON, II. AND AS WE USUALLY DO, WE USUALLY TAKE THEM UP IN ALPHABETICAL ORDER AND I KNOW "B" COMES BEFORE "W"; SO, I WOULD ASK MR. BANNISTER IF HE WOULD COME FORWARD AND TAKE THE OATH. HAVE A SEAT DOWN THERE. (MELVIN D. BANNISTER, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
Q. HAVE YOU HAD A CHANCE, SIR, TO REVIEW OUR SUMMARY OF YOUR ANSWERS TO THE QUESTIONNAIRE?
YOU HAVE LIVED IN RICHLAND COUNTY FOR THE LAST APPROXIMATELY 9 YEARS, 10 YEARS? SENATOR SMITH: EXCUSE ME, OFF THE RECORD.
(BACK ON THE RECORD.)
SENATOR SMITH: SO, ANYWAY, WE CAN CO BACK ON THE RECORD.
1. Melvin D. Bannister Home Address: Business Address: 3234 Quitman Street 2312 Beltline Boulevard Columbia, SC 29204 Columbia, SC 29204 2. He was born in Abbeville, South Carolina on December 13, 1949. Social Security Number: ***-**-***** 4. He was divorced on July 25, 1984; Melvin D. Bannister (Petitioner); Richland County Family Court; separation for more than one year. 5. Military Service: None 6. He attended Anderson College, September 1968-December 1969; the University of South Carolina, January 1970-May 1972, B.A. (Political Science); and the University of South Carolina Law School, September 1972-May 1975, J.D. 8. Legal Experience since graduation from law school: November 1975 - May 1976, Columbia, SC, private practice; May 1976 - November 1977, Greenville, SC, Assistant Greenville County Public Defender; November 1977 - October 1978, Greenville, SC, private practice; October 1978 - present, Columbia, SC, private practice (For the past 9 years, the vast majority of his case load has been domestic relations cases. During the past 6 years, he has averaged over 100 domestic cases per year.) 9. Frequency of appearances in court during the past five years: Federal - approximately once a year State - approximately 110 cases per year 10. Percentage of litigation: Civil: 5% Domestic: 90% Criminal: 5% 11. Percentage of cases in trial courts: Jury: 9% Non-Jury: 91% (sole counsel) 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) State v. England, 271 SC 129, 245 SE 2d 608 (1978) He represented the Appellant at trial and on appeal. The case was remanded. The decision of the South Carolina Supreme Court clarified the requirements of the statutory law relating to the disposition of juvenile cases before the Family Court. (1976 South Carolina Code of Laws, as amended, sections 24-19-50 (C), 14-21-510 (A)(3), 14-21-620) (b) Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975) While in law school he represented and wrote the Appellant's brief for the above referenced case, however, due to the failure of the client to sign a student practice rule waiver, he was unable to orally argue the case before the United States Court of Appeals for the Fourth Circuit. The case was reversed and remanded. The Court decided that fundamental fairness required that a strict interpretation of the rules of civil procedure should not always be followed, and further that the Appellant had a right to a new trial. This case has been cited subsequently in over thirty (30) cases. (c) State v. Gaines, 271 SC 65, 244 SE 2d 539 (1978) He was the trial attorney and wrote the Appellant's brief. The case was reversed. The South Carolina Supreme Court found error in the Solicitor's argument to the jury, which denied the Appellant a fair trial by violating his Constitutional rights. The Supreme Court also found error in the trial judge's charge on the law. The Gaines case has also been cited in several appellate court decisions since the reversal. (d) Grizzard v. Fast Fare, Inc., (U.S. District Court, SC District) This is a pending action in which he represented the Plaintiff. The Plaintiff is seeking to recover severance pay from a former employer, based upon a breach of the employer's established policy. If the Plaintiff is successful, there will be a further delineation of employee rights and benefits. (e) Smith, et al. v. Douglas, et al., 84-DR-40-1972 He represented the Petitioners, who sought custody from their daughter of the Petitioners' grandson. This case was brought by the Petitioners in order to protect the minor child and to seek the child's best interests. This case was not unusual, but it significantly shows that the main duty of the Family Court is to protect the children of this State and to act in their best interests. 15. Unsuccessful candidate: House of Representatives, 1980 (lost in the party primary) 21. Sued: He is a junior creditor, and a senior creditor has brought a foreclosure action against the debtor and himself. The action is still pending. 22. Disciplined: There have been two complaints to the Grievance Committee, but the committee found no wrongdoing on his part. 23. Health is good. 30. Civic, charitable, religious, educational, social, and fraternal organizations: North Trenholm Baptist Church: Men's Basketball Coach, 1986-1988; Young Men's Basketball Coach, 1984-1985; Family Life Committee, 1985-present Optimist International-South Carolina District: Governor (South Carolina District), 1987-present; Substance Abuse Chairman, 1985-1987; New Club Building Chairman, 1984-1985; Lt. Governor, 1983-1984; President (Downtown Columbia), 1982-1983 33. Five letters of reference: (a) Shep Jordan, Vice President South Carolina National Bank 1401 Main Street, Columbia, SC 29226 (b) Kellum W. Allen, Esquire P.O. Box 5709, West Columbia, SC 29171 (c) Hon. John Land Johnson 1808 Robincrest Drive, West Columbia, SC 29169 (d) James S. Pope, Esquire 2312 Beltline Boulevard, Columbia, SC 29204 (e) H. Denard Harris, Ph.D. 1708 Quail Lake Drive, West Columbia, SC 29169 SENATOR SMITH: MR. WHITING. MR, WHITING: I'M HERE, SIR. SENATOR SMITH: YES, SIR. HAVE YOU HAD AN OPPORTUNITY--LET'S SEE, I BETTER SWEAR YOU FIRST. (RICHARD G. WHITING, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
Q. MR. WHITING, YOU HAVE HAD, I ASSUME, AN OPPORTUNITY TO REVIEW OUR SUMMARY OF--
1. Richard Giles Whiting Home Address: Business Address: 3207 Heyward Street 1116 Blanding Street Columbia, SC 29205 Columbia, SC 29201 2. He was born in Newport, Rhode Island on August 29, 1948. Social Security Number: ***-**-***** 4. He was married to Carolyn Wheeler Brown on January 21, 1973. They have 3 children: Jackson Montague, age 9; Richard Giles, Jr., age 7; and Annie Elizabeth, age 7. 5. Military Service: None 6. He attended Gordan Military Junior College, 1968-1970, Associate of Arts Degree; Presbyterian College, 1970-1972, Bachelor of Science, Major in Business Administration; Florida International University, 1978-1980, Masters of Business Administration; and the University of South Carolina Law School, 1980-1982, J.D. 8. Legal Experience since graduation from law school: December 1982 to October 1984, Associate, Law Offices of Warner & Lee, Sumter, S.C.; November 1984 to January 1986, Richard C. Whiting, Attorney at Law, Sole Practitioner, Columbia, S.C.; February 1986 to November 1987, Partner, Law Offices of Louthian & Whiting, Columbia, S.C.; December 1987 to present, of Counsel to Louthian & Louthian, Columbia, S.C. 9. Frequency of appearances in court during the past five years: Federal - 5% State - 95% 10. Percentage of litigation: Civil: 20% Domestic: 80% Criminal: None 11. Percentage of cases in trial courts: Jury: 15%-20% Non-Jury: 80%-85% (He served as Associate Counsel on most jury cases, and he served as chief counsel on several cases. In 90% of the non-jury cases he appeared either as sole counsel or chief counsel. He served as Associate Counsel in the remaining cases.) 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) Ratchford v. Ratchford This was a four and one-half day Family Court hearing which was tried by three excellent attorneys, all with a great deal of Family Court experience, and himself. This case was extremely complex and challenging and involved the issues of transmutation of marital assets, including a family run business, The ability of the Family Court to divide this business started by one of the parties but contributed to by both of the parties and the extensive use of expert witnesses. This was one of the first cases to be tried under the new Equitable Apportionment Statute and virtually addressed all the factors contained in our new law. (b) Thompson_v. Thompson In this case the issue of split custody was addressed by the Family Court. The parties came into the final hearing each having a portion of the children of the marriage in their custody. Both the mother and father wanted one or all of the children in the other's custody. One of the children was severely handicapped. The Court allowed split custody to continue. The Court also addressed the valuation of the wife's indirect contributions to the marriage, including her caring for the severely handicapped child: (c) Horton v. Horton This was a Family Court matter which addressed the value of a Homemaker's contributions to a marriage. In this case the wife not only managed the home but was totally responsible for the budgeting and expenses therein. The wife's frugality resulted in a large marital estate which otherwise may not have resulted. The wife had almost no direct contributions to the marriage except for a small amount of earnings early in the marriage. The Court awarded the wife a majority of the marital estate and substantial support by way of alimony. (d) Malouche v. J.H. Management Co., Inc. This case was tried in a Federal District Court under 18 U.S.C. Section 2520 which allows for a civil cause of action for a violation of the wiretap statute. This case was argued before the Fourth Circuit Court of Appeals as to the standard of willful conduct which is required of the Defendant in these civil causes of actions. The Lower Court held that criminal willfulness was required. This decision has just been affirmed by the Court of Appeals in the last few days. (e) Ex Parte: Holcombe v. Kennison et al. In the Interest of Sasha Marsh Owens This case addressed a Decree of Marriage from a sister state and this state's ability to make a determination as to the validity of that marriage. The Family Court in South Carolina held the marriage and a corresponding Declaratory Judgment Order from a sister state was not entitled to full faith and credit under the United States Constitution and further, that the marriage was a sham and fraud on the Court and thus void. This issue is currently on appeal to our State Supreme Court. 16. His wife has her own commercial real estate company where he is listed as the Broker and she as the Sales Agent. 17. Other Occupation: From June of 1972 until May of 1980, he was engaged in the business of international shipping. He began his career as an export documentation clerk. He was General Manager of his division when he resigned so as to return to South Carolina to begin law school. 20. Tax Lien: In 1980 they sold their home when they returned to South Carolina. They anticipated building a new home during the allowable two-year period so as to roll over their gain with no tax consequences. In 1980 interest rates were extremely high, in many cases exceeding 20%, and they were unable to secure an acceptable loan. In addition, one week prior to his beginning of his law education, his wife delivered twins. His wife was not able to return to the work place as early as they had planned, due to the birth of the twins and an extremely difficult delivery. When it became apparent that they would not be able to roll over their gain within the grace period as allowed by the Internal Revenue Service, they filed an Amended Tax Return but did not pay the tax due as a great portion of the gain was tied up in land which they had purchased. The Internal Revenue Service, unknown to him, placed a lien on this property which was later removed after the tax was paid. After he had explained his situation to the Internal Revenue Service he received notice from them that they were waiving all penalties which they had earlier applied. 23. Health is excellent. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Member of the Order of the Coif; Member of the Order of the Wig and Robe; Member of Sertoma International; Member of Christian Life Assembly; Member of Phi Alpha Law Fraternity, Pickney Chapter; Member of the South Carolina Citizens for Life; Member of The Rockbridge Club 33. Five letters of reference: (a) Mikel A. DeLoach, Branch Mger., Jefferson Sq. C & S National Bank of South Carolina Columbia, SC 29222 (b) John O. McDougall, Esquire P.O. Drawer 1289, Sumter, SC 29151-1289 (c) Steven R. Brown, Senior Pastor Christian Life Assembly 2700 Bush River Road, Columbia, SC 29210 (d) Nancy M. Young, Esquire P.O. Box 1166, Columbia, SC 29202 (e) Ken H. Lester, Esquire 1712-1714 Main Street, Columbia, SC 29201
Q. ALL RIGHT, THANK YOU. IT'S WONDERFUL WHAT COMPUTERS CAN DO THESE DAYS.
Q. YOU HAVE HAD SOME INTERESTING CASES AND THEY ARE, OF COURSE, HERE AND I WAS--THE RATCHFORD CASE, WAS THAT CASE APPEALED?
(BACK ON THE RECORD.)
SENATOR SMITH: NOW, LET'S GO BACK ON THE RECORD. SENATOR SMITH: MR. WILSON. (JOSEPH A. WILSON, II, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
Q. THANK YOU, SIR. HAVE YOU HAD AN OPPORTUNITY TO REVIEW OUR SUMMARY OF THE QUESTIONNAIRE?
1. Joseph A. Wilson, II Home Address: Business Address: 15 Sunturf Circle P.O. Box 1549 Columbia, SC Columbia, SC 2. He was born in Bishopville, South Carolina on September 20, 1947. Social Security Number: ***-**-***** 4. He was married to Sharon Burch on October 21, 1972. They have 3 children: Kali, age 12; Kiva, age 5, and Joseph III, age 16 months. 5. Military Service: None 6. He attended Clark College, Atlanta, Georgia, B.A. Degree, Business Administration, 1969 and Yale Law School, New Haven, Conn., J.D. Degree, 1973. 8. Legal Experience since graduation from law school: 1973-1974, Sachs, Sachs, and Sachs, Attorneys, New Haven, Conn.; 1975-1976, Assistant Attorney General, State of South Carolina; 1976(October)-1979, private practice of law, Wilson and Washington (approximately 3 months in 1976, Oct.-Dec., employed in Law Offices of E.W. Cromartie); Assistant Solicitor, Twelfth Judicial Circuit, Florence, S.C. (part-time); 1980-1982, Assistant United States Attorney, District of South Carolina; 1982-1983, Partner, Brown, Stanley, and Wilson, Attorneys at Law, Columbia, S.C. 9. Frequency of appearances in court during the past five years: Federal - 15% State - 60% Other - 25% (administrative proceedings) 10. Percentage of litigation: During approximately five years of private practice his litigation approximated the following percentages: Civil: 40% Domestic: 50% Criminal: 10% (excluding criminal cases tried while serving as Assistant Solicitor) In his present position, approximately 90%-complex civil litigation; 10%-criminal litigation; and pro bono domestic litigation and advice. 11. Percentage of cases in trial courts: Approximately 40% of cases in trial courts were jury and 60% non-jury. While serving as Assistant Solicitor, all cases which went to trial were tried by jury and he was almost always sole counsel. As an Assistant U.S. Attorney, all claims pursuant to the Federal Tort Claims Act were tried by a judge, and he acted as sole counsel. In private practice, his domestic and Workmen's Compensation cases were non-jury while other litigation was tried before a jury. In his present position, a majority of his state and federal litigation has been non-jury and in those cases tried he has generally acted as co-counsel. 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) Ernest Patterson v. Susan R. Patterson, Richland County Family Court, 78-DR-40-0444 This case was significant because it represented a hotly contested divorce involving middle aged parties with strong disagreement as to property division, fault, etc. Legal research, client conferences, extensive negotiation, hearing preparation and patience was required. (b) Taylor v. United States, Civil Action No. 80-378-0, U.S.D.C.S.C. This was a major claim under the Federal Tort Claims Act for damages arising out of the alleged failure of Army counseling personnel to institutionalize a soldier who later murdered Ms. Taylor. Claim was of major interest to the Department of Justice because of the damage claim involved and the disputed compensability of such a claim under the Federal Tort Claims act. (c) United States v. Yates, United States Court of Appeals, Fourth Circuit, Circuit Court No. 80-1668 This was unanimously reversed by the Fourth Circuit of a Federal District Court decision which potentially would have thwarted the Veterans Administration's ability to recoup losses incurred as a result of default by its borrowers. (d) Gregg v. Dorchester countY School System and State Workers Compensation Fund, Supreme Court Opinion No. 20595, February 7, 1978 This was a total disability case which tested the applicability of the "going and coming from work rule" to a trip by claimant which resulted in the accident and substantial damages suffered by claimant. (e) Carll v. S.C. Jobs Economic Development Authority, S.C. Supreme Court, Opinion No. 22248, February 26, 1985 This was a lawsuit brought to test the constitutionality of the statute which created JEDA. He participated in strategy sessions and made a major segment of the Circuit Court legal argument on behalf of the Authority. The Circuit Court finding of constitutionality was ultimately affirmed by the Supreme Court. 14. Public Office: Richland County Council Member, appointed to fill the unexpired term by the Governor; appointed in 1977; served approximately one year (approximately March 1977 to June 1978) 15. Unsuccessful candidate: He lost a run-off election for the House of Representatives in 1978. 17. Other Occupation: He taught business/law courses part-time at Allen University, Columbia, S.C. in 1977. 23. Health is good. 26. He takes a prescription for mild hypertension from Dr. Waitus O. Tanner, 1806 Washington Street, Columbia, S.C. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Richland Lexington Economic Development Commission; Chairman, Columbia Urban League; Board of Trustees, Francis Burns United Methodist Church; Greater Columbia Chamber of Commerce Image Campaign Steering Committee; Omega Psi Phi Fraternity; Columbia Action Council; Men's Choir, Francis Burns United Methodist Church 33. Five letters of reference: (a) Charlton L. Whipple, Assistant Vice President Columbia Corporate Accounts C & S National Bank of South Carolina Columbia, SC 29222 (b) Thomas P. Simpson, Esquire P.O. Box 7667, Columbia, SC 29202 (c) Hon. T. Travis Medlock Attorney General P.O. Box 11549, Columbia, SC 29211 (d) I.S. Leevy Johnson, Esquire P.O. Box 1431, Columbia, SC 29202 (e) T. Kenneth Summerford, Esquire P.O. Box 282, Florence, SC 29503
Q. I SEE THAT YOU ARE 40 YEARS OLD; BORN IN BISHOPVILLE, WHICH IS CLOSE TO HEAVEN.
Q. HAVE ALSO DISCLOSED SOME SIGNIFICANT LITIGATION. I WAS PARTICULARLY INTERESTED IN THE CASE INVOLVING THE ARMY COUNSELING PERSONNEL IN THE TORT CLAIMS ACT. SENATOR SMITH: I WANT TO THANK ALL THREE OF YOU WHO ARE RUNNING FOR THE FIFTH CIRCUIT.; I WANT TO SAY I THINK IT'S ANOTHER SIGN OF WHAT'S HAPPENING IN THE JUDICIARY, JUDGE, THAT WE HAVE GOT THREE YOUNG, EXTREMELY QUALIFIED PEOPLE. OF COURSE, THE COMMITTEE HASN'T SAID THAT YET AND I PROBABLY SHOULDN'T BUT I DON'T THINK THERE IS REALLY ANY QUESTION ABOUT IT. AND I THANK YOU FOR COMING; DELIGHTED TO HAVE YOU STAY BUT IF YOU HAVE OTHER THINGS TO DO, YOU CAN GO. SOME OF YOU HAVE COME IN AND SOME OF YOU HAVE HEARD THIS ONCE AND SOME OF YOU HAVE HEARD IT TWICE AND I WILL GIVE IT TO YOU A THIRD TIME. I KNOW MR. HARRISON HAS COME IN. WE ARE DOING TWO HEARINGS AT ONE TIME AND I'M SORT OF SERVING AS THE HEARING OFFICER FOR THE COMMITTEE. THE OTHER SEVEN ARE IN THE NEVER-NEVER LAND OF CHARLESTON, ALTHOUGH THEY ARE HERE IN COLUMBIA; AND THAT'S THE REASON WE ARE DOING THAT. AND THE COMMITTEE HAS REVIEWED THE DOCUMENTS AND WE WILL REVIEW THEM AGAIN, BUT WE FELT SINCE WE HAD THIS SET UP FOR SO MANY PEOPLE WHO OBVIOUSLY HAD TO CANCEL COURT OR WHATEVER THEY HAD TO DO TO BE HERE THAT WE THOUGHT WE BETTER PROCEED; AND THE OTHERS ARE NOT HERE OUT OF ANY DISINTEREST. THEY HAD PROBABLY RATHER BE HERE, AND AS I--BUT THEY ARE HERE, THEY ARE ACROSS THE WAY IN THE GRESSETTE BUILDING; AND AS I SAID AT THE OUTSET AND I WANT TO SAY AGAIN TO ALL OF YOU, WHAT HAPPENED IS THAT HEARING IS CERTAINLY MORE DRAMATIC THAN THIS BUT THIS IS PROBABLY MORE IMPORTANT TO THE PEOPLE OF THE STATE BECAUSE WE ARE IN THE FAMILY COURT AND IT'S THE KEY WITHOUT A JURY, THE DECISIONS THAT ARE MADE. SO, HAVING SAID THAT, I'M GOING TO STAND UP AND TAKE ABOUT A FIVE MINUTE BREAK. AND WHAT I PROPOSE TO DO IS WHEN WE COME BACK TO TAKE, JUDGE ROGERS? JUDGE ROGERS: YES, SIR. SENATOR SMITH: YOU'VE BEEN SITTING. WHY DON'T WE TAKE YOURS NEXT; AND THEN WE'LL GO TO THE EIGHTH CIRCUIT, THE NINTH CIRCUIT, AND THE CIRCUIT COURT FOR THE FIFTH CIRCUIT.
(BACK ON THE RECORD.) SENATOR SMITH: WE WILL AT THIS TIME PROCEED TO EXAMINATION OF THE ELEVENTH JUDICIAL CIRCUIT. THE NOTICE WAS PUBLICALLY MADE AND NO CANDIDATE HAS COME FORWARD AND JUDGE W. FRANK ROGERS, JR. JUDGE, IF YOU WOULD COME AROUND AND TAKE THE CHAIR. ONE CITIZEN HAS FILED A COMPLAINT WHICH I WILL PUBLISH. IS MR. GODSHALL HERE OR ANYONE ON HIS BEHALF?
SENATOR SMITH: IS PATRICIA GODSHALL HERE?
SENATOR SMITH: ALL RIGHT. JUDGE, I WOULD ASK YOU TO RAISE YOUR HAND AND TAKE THE OATH. (W. FRANK ROGERS, JR., CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE ELEVENTH CIRCUIT, SEAT #1, WAS DULY SWORN BY SENATOR SMITH.)
Q. JUDGE, YOU'VE HAD THE OPPORTUNITY TO REVIEW THE SUMMARY OF YOUR QUESTIONNAIRE?
1. W. Frank Rogers, Jr. Home Address: Business Address: 1217 Cardinal Drive Lexington County Courthouse West Columbia, SC 29169 Lexington, SC 29072 2. He was born in Columbia, South Carolina on May 4, 1940. Social Security Number: ***-**-***** 4. He was married to Melinda Sue Coffey on February 18, 1978. They have 2 children: William Franklin, III, age 9 and Jenny Kathleen, age 2. 5. Military Service: None 6. He attended Clemson University, 1958-1962, B.S. and the University of South Carolina Law School 1963-1966, J.D. 8. Legal Experience since graduation from law school: Private practice, 1966-1974; Lexington County Family Court, 1974-1977; and Family Court, Eleventh Judicial Circuit, 1977-date 13. Judicial Office: Lexington Municipal Court, 1970-1971, appointed; Cayce Municipal Court, 1971-1974, appointed; Lexington County Family Court, 1974-1977, appointed; Family Court, Eleventh Judicial Circuit, 1977-date, elected 15. Unsuccessful candidate: Lexington County Probate Judge, 1970 16. He is one of two partners in a real estate investment partnership called New Brookland Associates. 22. Disciplined: There have been some complaints concerning his judicial decisions, but all were determined unfounded to his knowledge. 23. Health is good. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Brookland United Methodist Church; Lexington Country Club; Masons; Woodmen of the World; IPTAY; Clemson Alumni Association 33. Five letters of reference: (a) Raymond S. Caughman, President The Lexington State Bank P.O. Box 8, Lexington, SC 29072-0008 (b) Frontis Clark, Director of Community Programs S.C. Department of Youth Services, Tri-County Office 116 West Church Street, Saluda, SC 29138 (c) Archie L. Harman, Esquire P.O. Box 846, Lexington, SC 29072 (d) Hon. Edith C. Padget, Clerk of Court Saluda County Courthouse, Saluda, SC 29138 (e) Hon. Edith R. Harris, Clerk of Court McCormick County P.O. Box 86, McCormick, SC 29835 Q. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED THAT NO COMPLAINTS OR CHARGES HAVE BEEN FILED AGAINST YOU AND JUDICIAL STANDARDS HAS NO RECORD OF REPRIMANDS. THE HIGHWAY DEPARTMENT, THE LEXINGTON COUNTY SHERIFF'S OFFICE, AND THE WEST COLUMBIA AND LEXINGTON POLICE DEPARTMENT ARE NEGATIVE, WHICH MEANS THEIR RECORDS ARE NEGATIVE, WHICH MEANS THEY ARE POSITIVE, AS I UNDERSTAND.
SENATOR SMITH: SLED RECORDS ARE NEGATIVE; AND THERE ARE NO JUDGMENTS. THE F.B.I. FINGERPRINT CARD IS CLEAR. YOUR CREDIT IS SATISFACTORY AND YOU'VE DISCLOSED NO ECONOMIC INTEREST OTHER THAN YOUR SALARY WHICH MIGHT BE CONFLICTING. YOU HAVE DISCLOSED ALSO THAT YOU ARE A PARTNER IN A REAL ESTATE INVESTMENT CALLED NEW BROOKLAND ASSOCIATES AND I DOUBT VERY SERIOUSLY THAT WOULD EVER COME BEFORE YOU IN ANY CAPACITY AS A FAMILY COURT JUDGE, BUT IF IT DID I'M CONFIDENT YOU WOULD RECUSE YOURSELF; WOULDN'T YOU. I GUESS, I'M SURE YOU WOULD. HOW DOES A JUDGE HANDLE THAT? "GENTLEMEN: I WISH TO CONTEST THE REAPPOINTMENT OF JUDGE FRANK ROGERS ON MARCH 24, 1988 BY YOUR COMMITTEE.
JUDGE ROGERS HAS TAKEN UNLAWFUL AND UNETHICAL ACTIONS WITH HIS DECISIONS MADE IN CASE NO. 87-DR-32-2711 IN WHICH HE ENTERED ON SEPTEMBER 18, 1982, WHERE I WAS INVOLVED. JUDGE ROGERS ACTED AS A HITLER IN THE CASE. HE HAS MADE HIS OWN LAWS TO SATISFY HIS DESIRES AND THAT OF THE ATTORNEY, DAVID A. CULBERSON. AND, I AM BELOW LISTING ACTIONS TAKEN BY ROGERS THAT WERE EITHER UNLAWFUL OR INCONSIDERATE FOR A JUDGE OR ANY HUMAN BEING. AND WITHOUT GOING INTO THE FULL DETAILS--OF COURSE, IT WILL BE AVAILABLE IN THE RECORD FOR ANYONE TO REVIEW--APPARENTLY IT'S AN OBJECTION TO THE FACT THAT YOU AWARDED A 20-YEAR-OLD SON OVER $20,000 TO AGAIN GO OFF TO COLLEGE EVEN THOUGH THE SON WAS 20 YEARS OF AGE AND TWO YEARS PRIOR HAD GONE OFF TO COLLEGE AND QUIT. YOU AWARDED THE EX-WIFE OVER $100,000 WITHOUT ANY PROOF OR ABILITY TO PAY; COMPLETELY REWROTE THE ORIGINAL DIVORCE; AND YOU APPARENTLY SIGNED AN ORDER FOR INCARCERATION OF MR. GODSHALL WHO WAS IN POOR HEALTH AT THE TIME; AND APPARENTLY YOU ORDERED SOME STOCK SOLD. DO YOU KNOW WHETHER OR NOT THIS WAS ONE OF THE--WELL, OBVIOUSLY IT WAS ONE OF THE COMPLAINTS MADE TO JUDICIAL STANDARDS; WAS IT? YOU DO NOT KNOW?" JUDGE ROGERS: THANK YOU, SIR. IF I MAY BE EXCUSED, I WILL GO AHEAD. SENATOR SMITH: YES, SIR. YES, SIR. WE WILL FOR NOW PROCEED TO EXAMINE CANDIDATES FOR THE VACANCIES ON THE EIGHTH JUDICIAL CIRCUIT. THIS IS THE SEAT OF JUDGE LAKE, RETIRED. AS UNDERSTAND IT, THIS SEAT IS--WELL, HIS TERM EXPIRED ACTUALLY ON FEBRUARY 29TH, 1988, AND THREE CANDIDATES HAVE COME FORWARD FOLLOWING THE PUBLIC NOTIFICATION OF THE VACANCY AND NO CITIZEN HAS ASKED TO BE HEARD WITH REGARD TO ANY ONE OF THEM, AND I WOULD NOW PROCEED TO TAKE THEM UP IN ALPHABETICAL ORDER WITH MR. FRANK PARTRIDGE FIRST. (W. FRANK PARTRIDGE, JR., CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT #2, WAS DULY SWORN BY SENATOR SMITH.)
Q. MR. PARTRIDGE, YOU HAVE HAD AN OPPORTUNITY TO REVIEW THIS QUESTIONNAIRE?
1. W. Frank Partridge, Jr. Home Address: Business Address: 2029 Harrington Street P.O. Box 446 Newberry, SC 29108 Newberry, SC 29108 2. He was born in Newberry, South Carolina on July 16, 1945. Social Security Number: ***-**-***** 4. He was married to Ilene Stewart on August 16, 1969. They have 2 children: Allison L., age 12 and W.F., III, age 11. 5. Military Service: 1970 to 1974; U.S. Air Force Active Duty; Captain; Judge Advocate; 1974-present; Lt. Colonel; USAF Reserves; Shaw AFB, S.C.; Serial No. ***-**-*****; Honorable Discharge from Active Duty 6. He attended The Citadel, 1967-1970, B.A. History and the University of South Carolina Law School, 1970-1973, J.D. 8. Legal Experience since graduation from law school: USAF Judge Advocate, 1970-1974; Pope & Hudgens, P.A., Attorneys at Law, 1974-1984; Law Office of W. Frank Partridge, Jr., 1984-present 9. Frequency of appearances in court during the past five years: Federal - several cases
State - numerous appearances in General Sessions, Common Pleas and Family Courts. Have appeared in Family Court in over 350 cases concerning numerous issues regarding domestic matters. 10. Percentage of litigation: Civil: 5% Domestic: 95% Criminal: 11. Percentage of cases in trial courts: Jury: 5% sole counsel Non-Jury: 95% - Family Court sole counsel 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) Shouse v. Shouse, Supreme Court Opinion. No. 87-MO-056 He represented the Petitioner-Father who was granted custody of his six-year-old son. The Supreme Court upheld the Family Court's Order granting custody to the father and splitting custody of two step-brothers. The reason this case is significant is because the Court upheld the Family Court's ruling to split custody of step-brothers. (b) Brockington v. Brockington, 286 SE 2nd 381 The Supreme Court upheld the Family Court Order which denied the Petitioner's request for reduction and termination of alimony to the Respondent-Wife. This case is significant because the Court stated in its opinion that part of the relief the Petitioner was seeking was a reduction in the future and the Court upheld the position that the Supreme Court does not issue advisory opinions and confirmed the previous case law regarding reduction of alimony by showing altered circumstances. (c) Doe v. Doe, Newberry Family Court case.: (Names not listed to protect clients' interest.) This case is significant because the Court terminated the parental rights of the Respondent-Father and granted the adoption to the Petitioner against the recommendations of the Guardian ad Litem for the minor child. (d) Doe v. Doe, Laurens County Family Court case. (Names not listed to protect client's interest.) He represented an heiress in an extremely complicated divorce, which included custody, equitable distribution of real and personal property in the millions of dollars. The case is significant because of the magnitude of the money involved and the tax consequences regarding a real property settlement, alimony and equitable distribution of stocks and bonds. (e) Doe v.,Doe, Greenwood County Family Court case. (Names not listed to protect client's interest.) He represented a professional baseball player who was the second baseman for the Philadelphia Phillies, which dealt with custody, division of personal property, including part of his bonus from playing in the World Series. This case is significant because the Court had to address the issue of division of proceeds received by one party from playing in the World Series. 13. Judicial Office: Municipal Court Judge; City of Newberry, South Carolina; appointed by City Council in September, 1975 to present. This Court deals with matters regarding City Ordinances and traffic violations. 21. Sued: He has never been sued personally or professionally. He was named as a Defendant as a Court-Appointed Receiver in the case of Neel v. Waldrop; however, the Court dismissed him as a Defendant since he was a Court-Appointed Received and all of his actions were done under Court Order and, therefore, he was immune in this suit. 22. Disciplined: He has never been cited for a breach of ethics or unprofessional conduct. Two complaints were filed against him; however, both of these were dismissed after investigation since : the complaints were unfounded. 23. Health is excellent. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Lions Club; Amity Lodge No. 87 A.F.M.; Administrative Board, Central United Methodist Church 31. He was appointed by the South Carolina Supreme Court as one of the only five members of the Bar to be on the Family and Matrimonial Law Specialization Advisory Board. 33. Five letters of reference: (a) J. Thomas Johnson, President Newberry Federal Savings Bank 1330 College Street, Newberry, SC 29108 (b) Hon. Andrew Shealy, Chief of Police City of Newberry P.O. Drawer 538, Newberry, SC 29108 (c) Hon. L. D. Gardner, Jr., Mayor, Pro Tempore City of Newberry P.O. Drawer 538, Newberry, SC 29108 (d) Hon. Clarence A. Shealy, Jr., Mayor City of Newberry P.O. Drawer 538, Newberry, SC 29108 (e) Bobby Harris, General Manager Clinton-Newberry Natural Gas Authority P.O. Drawer 511, Clinton, SC 29325-0511
Q. YOUR CREDIT IS REPORTED SATISFACTORY. THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE NEWBERRY COUNTY SHERIFF'S OFFICE, THE NEWBERRY CITY POLICE DEPARTMENT, CRIMINAL RECORDS SECTION OF SLED AND THE JUDGMENT ROLLS OF NEWBERRY COUNTY ALL HAVE NOTHING BAD TO SAY ABOUT YOU. YOUR FINGERPRINT CARD, OF COURSE, HAS NOT BEEN RETURNED WHICH MEANS THAT IT IS IN GOOD ORDER. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE ADVISE US THAT NO FORMAL COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. AND AS MUNICIPAL JUDGE OF NEWBERRY, JUDICIAL STANDARDS ADVISES US THAT THEY HAVE NO RECORD OF REPRIMANDS.
WHAT IS THE--I THINK I KNOW; I'M GIVING YOU THE OPPORTUNITY TO GET IN A COMMERCIAL. I'M GOING TO TRY TO DO THAT FOR ALL OF YOU SO YOU CAN BUILD THE RECORD. SENATOR SMITH: MR. POPE, CAN YOU HEAR ME AMONG THE BELLS RINGING? MR. POPE: IF WE COULD CLOSE THAT A LITTLE BIT, IT WOULD HELP. SENATOR SMITH: I THINK SO, YES. (GARY T. POPE, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT #2, WAS DULY SWORN BY SENATOR SMITH.)
Q. MR. POPE, HAVE YOU HAD AN OPPORTUNITY TO LOOK AT THE SUMMARY AND HAVE WE DONE IT CORRECTLY? DO WE NEED TO ADD ANYTHING?
A. EXACTLY CORRECT.
SENATOR, I'D LIKE TO. SAY, JUST AS AN EXAMPLE, AND YOU KNOW I HAVE. BEEN DOWN HERE AT LEAST THREE DAYS A WEEK THE LAST TWO WEEKS.
1. Gary Tusten Pope Home Address: Business Address: 2002 Harrington Street P.O. Box 190 Newberry, SC 29108 Newberry, SC 29108 2. He was born in Columbia, South Carolina on August 15, 1949. Social Security Number: ***-**-***** 4. He was married to Margaret Ann Christian on March 27, 1982. (Previously divorced from the former Alice Leslie Lander on December 18, 1981 in the Family Court for Newberry County, 81-DR-36-342. He was the moving party on the basis of separation for more than one year. Marital rights were settled by agreement approved by the court, with both parties represented by independent counsel.) He has 4 children: Helen Harrington, age 12; Gary Tusten, Jr., age 5; Elizabeth Christian, age 3; and Ann Stelling, age 1 1/2. 5. Military Service: None 6. He attended the University of the South, 1967-1971, B.A. in English; Newberry College, summer school in 1968 (no degree); Washington and Lee University Law School, 1973-1976, J.D. 8. Legal Experience since graduation from law school: Upon graduation he was employed by Pope and Schumpert, which later became Pope and Hudgens, P.A., where he has been employed to the present time. He has served as Newberry County Attorney from January, 1980 through the present. In his private practice he has handled a broad range of legal work, including civil litigation, family law, workmen's compensation, social security disability, products liability, real estate, appellate work in the State Supreme Court, a limited criminal practice, and related matters that arise in a general practice in a rural community. 9. Frequency of appearances in court during the past five years: Federal - 23 cases including 8 hearings, 1 jury trial, 1 non-jury trial, 1 oral appellate argument, and prosecution of 12 appeals from adverse social security disability decisions, and 50 depositions State - 51 civil hearings, 3 non-jury trials, 2 jury trials, 3 contested arbitration proceedings, 5 appeals to S.C. Supreme Court, 81 Family hearings, 3 full domestic trials, 61 contested social security hearings, 12 Workers Compensation Hearings, a variety of depositions and other administrative hearings, and 11 criminal matters, including one jury trial 10. Percentage of litigation: Civil: 68% Domestic: 30% Criminal: 2% 11. Percentage of cases in trial courts: Jury: 5% Non-Jury: 95% (In non-Jury matters, he has usually acted as sole counsel, and in jury matters he has usually appeared as co-counsel) 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) Taylor v. Davenport, 316 S.E.2d 389 (S.C. 1984) He appeared in the administrative trial before the Tax Commission and argued the appeals to the Circuit Court and to the S.C. Supreme Court. This case involved significant questions relating to the taxability of public property used for private purposes and relating to the definition of public purpose under Article X {3 of the S.C. Constitution. (b) Stuck v. Pioneer Logging Machinery, Inc., 301 S.E.2d 552 (S.C. 1983) He was co-counsel at the trial of this matter and argued for the Respondent Stuck before the South Carolina Supreme Court. This case stands for the proposition that an innocent purchaser of a defective product can recover damages from the dealer-seller of the product, if the innocent purchaser is sued by a third party who is injured by the defective product. (c) Farmers Mutual Fire Insurance Co. vs. the City of Newberry, et al., Memorandum Opinion of the South Carolina Supreme Court filed December 30, 1982 He was co-counsel at trial and argued the Respondent's position before the South Carolina Supreme Court. The Court affirmed the lower court's opinion that the City of Newberry was unconstitutionally overcharging a local non-profit fire insurance company for its business license. (d) John R. Shealy v. Billie D. Shealy, 87-DR-36-49 He tried this case for a day and a half in July, 1987. The Court was presented with highly contested matters relating to marital misconduct, the entitlement of either party to a divorce, equitable division of marital property, child custody and support, and alimony. He prevailed for his client on her counterclaim, and no appeal was taken from this decision. He acted as sole counsel in this matter. (e) Janie C. Wheeler v. Heckler, C/A 3:84-1622-3H He acted as sole counsel in this appeal to the United States District Court in an appeal from an adverse decision in a Social Security disability matter. This case involved complex issues of regulatory interpretation relating to the crediting of earned quarters of coverage for eligibility for disability coverage, and involved the refusal of the Social Security Administration to properly apply an Order of the United States District Court. 13. Judicial Office: He was appointed Assistant City Recorder for the City of Newberry and served from approximately 1980 to 1984. His duties were limited to issuing warrants when the City Recorder was absent, setting bond, and occasionally accepting guilty pleas. He stopped serving in this capacity when the City Recorder, his law partner, left their firm. 14. Public Office: He was appointed by Newberry County Council to serve at their pleasure as Newberry County Attorney, commencing in January, 1980. He has served in this office until the present time. 23. Health is good. 25. He has a slight hearing loss in the higher frequencies. He wears contact lens to correct his nearsightedness. 26. He has been recently treated by Dr. John Holman of Piedmont Internal Medicine, One Professional Park, Greenwood, South Carolina, 29646, for occasional episodes of dizziness of undiagnosed origin. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Lutheran Church of the Redeemer, Newberry, S.C.; formerly a member of St. Luke's Episcopal Church, Newberry, S.C.; The Newberry Country Club; The Palmetto Club; The Capital City Club; The Cotillion Club (of Newberry); The Torch Club of Columbia; MENSA; Ducks Unlimited; The Law School Association of Washington and Lee University; two small supper clubs in Newberry; and The South Carolina Historical Society 33. Five letters of reference: (a) Michael G. Davenport, Vice President C & S National Bank of South Carolina P.O. Box 875, Newberry, SC 29108 (b) Edward F. Lominack, Jr. Newberry County Administrator D. Wyman Cook Chairman, Newberry County Council P.O. Box 156, Newberry, SC 29108 (c) J.E. McDonald, Esquire P.O. Box 1207, Greenwood, SC 29648-1207 (d) Eugene C. Griffith, Esquire P.O. Box 398, Newberry, SC 29108 (e) G.P. Callison, Sr., Esquire P.O. Box 1115, Greenwood, SC 29648 Q. BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE TELL US THAT NO FORMAL COMPLAINTS OR CHARGES HAVE BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT, NEWBERRY COUNTY SHERIFF'S OFFICE, NEWBERRY CITY POLICE ARE ALL NEGATIVE, AS WELL. AS SLED IS NEGATIVE AND THERE ARE NO JUDGMENTS OF THE NEWBERRY COUNTY RECORDS; AND THE FINGERPRINT CARD HAS NOT BEEN RETURNED. IN ADDITION TO YOUR EARLIER COMMENTS ABOUT YOUR STATEMENT OF ECONOMIC INTEREST, YOU HAVE MENTIONED, OF COURSE, YOU ARE A SHAREHOLDER IN THE LAW FIRM OF POPE AND HUDGENS, AND YOU, TOGETHER WITH THOMAS H. POPE AND JOSEPH H. HUDGENS AND THOMAS H. POPE, III, AND YOU HAVE LISTED THAT YOU ARE COUNTY ATTORNEY FOR NEWBERRY COUNTY. AND YOU CHARGE THEM AN HOURLY RATE, AND THE $6500 DOLLARS, THAT WOULD HAVE BEEN THE LAST CALENDAR YEAR?
A. YES, SIR, THAT'S MY ANNUAL SALARY SET BY THEM. I GET THE SAME SALARY AS THE CHAIRMAN OF COUNTY COUNSEL AND I GET A CHECK EVERY TWO WEEKS FROM THEM. I'VE BEEN A PUBLIC SERVANT MYSELF IN MY ROLE AS THE NEWBERRY COUNTY ATTORNEY FOR THE PAST EIGHT YEARS. ONE OF THE ROLES OF FAMILY COURT IN OUR SOCIETY IS THE ADJUDICATION OF DIFFERENCES AMONG PERSONS FROM ALL WALKS OF LIFE AND WITH WILDLY VARYING SOCIAL AND ECONOMIC BACKGROUNDS. ANOTHER ROLE IS THE PROTECTION OF THE RIGHTS OF THE VERY YOUNG AND THE VERY OLD WHO CANNOT PROTECT THEMSELVES. WE HAVE ANOTHER ROLE OF THE ADMINISTRATION OF CRIMINAL JUSTICE OF THE YOUTHS OF OUR STATE WHO ARE NOT ABLE TO FOLLOW THE RULES OF OUR SOCIETY. I HAVE FOUR CHILDREN RANGING IN AGES FROM 2 TO ALMOST 13; SO, I'M AWARE OF THE PROBLEMS IN YOUTH.
I BELIEVE THAT I HAVE A BROAD RANGE OF EXPERIENCE BOTH FROM MY LAW PRACTICE AND MY PERSONAL LIFE TO BE ABLE TO FAIRLY JUDGE THOSE WHO WOULD COME BEFORE ME. IN OUR SOCIETY THE FAMILY COURT AFFECTS THE LIVES OF OUR ORDINARY CITIZENS WITH, PERHAPS, THE GREATEST IMPACT. THE FAMILY COURT JUDGE MUST NOT ONLY KNOW THE LAW BUT MUST HAVE THE EXPERIENCE AND JUDGMENT NECESSARY TO FAIRLY AND EQUITABLY APPLY THE LAW. A JUDGE MUST HAVE THE ABILITY TO NOT ONLY GIVE FAIR TREATMENT TO ALL LITIGANTS WHO COME BEFORE HIM, BUT THE ABILITY TO MAKE EACH LITIGANT KNOW THAT HE OR SHE HAS BEEN FAIRLY TREATED. I BELIEVE THAT I HAVE THE NECESSARY EXPERIENCE AND TEMPERAMENT FOR THIS IMPORTANT OFFICE AND I HOPE THAT YOU WILL FIND ME QUALIFIED TO SERVE THE PEOPLE OF SOUTH CAROLINA AS A FAMILY COURT JUDGE FOR THE EIGHTH JUDICIAL CIRCUIT. SENATOR SMITH: MR. RUCKER. (JOHN M. RUCKER, CANDIDATE FOR FAMILY COURT JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
Q. HAVE YOU HAD AN OPPORTUNITY TO REVIEW THIS?
1. John M. Rucker Home Address: Business Address: 2213 Main Street 1401 Main Street Newberry, SC 29108 Newberry, SC 29108 301 Gervais Street Columbia, SC 29214 2. He was born in Newberry, South Carolina on October 22, 1944. Social Security Number: ***-**-***** 4. He was married to Harriett S. Lee on July 26, 1969. They have 2 children: John Brandt, age 14 and Wylie Marvin, age 12. 5. Military Service: None 6. He attended the University of South Carolina, B.S. 1966 and the University of South Carolina School of Law, J.D. 1969. 8. Legal. Experience since graduation from law school: June.1969 to October 1969, associate, Tench P. Owens, Attorney, Clinton, S.C.; October 1969 to February 1971, private practice, Clinton, S.C.; February 1971 to present, private practice, Newberry, S.C. 9. Frequency of appearances in court during the past five years: Federal - None State - Monthly 10. Percentage of litigation: Civil: 20% Domestic: 75% Criminal: 5% 11. Percentage of cases in trial courts: Jury: 5% or less Non-Jury: 95% (sole counsel) 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) Riggins v. Riggins, 318 SE2d 117, 282 S.C. 171 Questions involving alimony and property division (b) Ruff v. Ruff Partition of land involving construction of wills and designation of heir. (c) Haltiwanger v. Hockett Representation of home owner, in suit involving construction of contract, lack of consideration for amendments to contract and various other amendments to contract. (d) State v. Gilliam Representation of public employee charged with breach of trust with fraudulent intent. Case involved administrative procedures for the removal of a public employee as well as criminal charges. (e) Clapp v. Georgia Pacific Corporation Co-Counsel for Defendant, Georgia Pacific Corporation, matter involving questions of trespass on land of Plaintiff and question of damages being as a result of actions of independent contractor. 13. Judicial Office: Recorder, City of Newberry, September 1971 to June 1976, elected by City Council, jurisdiction limited to minor criminal and traffic offenses 14. Public Office: South Carolina House of Representatives, elected 1976 to 1980; Commissioner, South Carolina Tax Commission, appointed February 1984 to present 15. Unsuccessful candidate: House of Representatives, Democratic Primary, 1974 and 1980; At Large Circuit Judgeship, 1982 23. Health is excellent. 24. He was hospitalized for ruptured appendix in September of 1984. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Member, Central United Methodist Church; Mason, Shriner; Rotary Club of Newberry 33. Five letters of reference: (a) William D. Kibler, Jr., Vice President and City Executive South Carolina National Bank P.O. Box 518, Newberry, SC 29108 (b) Harold B. Folk, Regional Vice President First Federal of South Carolina 1804 Wilson Road, Newberry, SC 29108 (c) James S. Verner, Esquire P.O. Box 484, Newberry, SC 29108 (d) E. Eugene Epting, Jr., M.D. 1240 Hunt Street, Newberry, SC 29108 (e) Gordon N. Clarkson, Esquire P.O. Box 394, Newberry, SC 29108
Q. THE RUPTURED APPENDIX SCARES ME.
YOUR DRIVING RECORD IS CLEAR AS OF THE NEWBERRY COUNTY SHERIFF'S OFFICE AND THE NEWBERRY CITY POLICE DEPARTMENT. SLED IS NEGATIVE AS TO YOU, MEANING THEIR RECORDS ARE NEGATIVE AS TO YOU. THE NEWBERRY COUNTY JUDGMENT ROLLS ARE CLEAR AND YOUR FINGERPRINT CARD IS CLEAR. WHEN YOU WERE APPOINTED TO THE TAX COMMISSION, NOBODY FINGERPRINTED YOU? SENATOR SMITH: WELL, I WANT TO SAY TO ALL THREE OF YOU AGAIN THAT I THINK THE CIRCUIT AND THE BENCH OF THIS STATE WILL BE WELL-SERVED WHICHEVER ONE OF YOU IS SUCCESSFUL. IT'S PROBABLY A SITUATION WHERE IT'S TOO BAD WE CAN'T PUT YOU ALL THREE ON THE BENCH. THANK YOU. WE WILL NOW PROCEED TO THE NINTH JUDICIAL CIRCUIT. THIS IS A VACANCY WHICH COMES ABOUT BY THE RETIREMENT OF JUDGE JOLLY AND THE TERM WILL RUN UNTIL FEBRUARY 28TH, 1989. THE VACANCY HAS BEEN PUBLICALLY NOTICED AND TWO CANDIDATES HAVE COME FORWARD. NO CITIZEN HAS ASKED TO BE HEARD WITH REGARD TO EITHER ONE OF THEM; SO, I WOULD NOW ASK IF MR. WAYNE CREECH WOULD COME FORWARD AND TAKE THE OATH. (WAYNE M. CREECH, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT #4, WAS DULY SWORN BY SENATOR SMITH.)
Q. YOU'VE REVIEWED OUR SUMMARY OF THE QUESTIONNAIRE?
1. Wayne M. Creech Home Address: Business Address: 115 Birch Street 102 Culledge Street Moncks Corner, SC 29461 P.O. Box 1118 Moncks Corner, SC 29461 2. He was born in Moncks Corner, SC on July 31, 1951. Social Security Number: ***-**-***** 4. He was married to Annette Lewis Cook on June 23, 1979. (Previously divorced on November 11, 1976 in Berkeley County on the ground of desertion). He has 3 children: Wayne Morris, Jr., age 17 (student); Andrew Wade, age 6; Alex Scott, age 3; another child expected in June of 1988. 5. Military Service: None 6. He attended the University of South Carolina, 1969-1973, B.S. Business Administration and the University of South Carolina School of Law, 1973-1976, J.D. 8. Legal Experience since graduation from law school: Law Offices of H.N. West, associate, August 1976-July 1977 Dennis & Dennis, associate, July 1977-January 1978 Dennis, Dennis & Watson, associate, January 1978-1981 Watson & Creech, partner, November 1981-July 1983 Watson, Creech & Tiencken, partner, July 1983-January 1987 Watson, Creech, Tiencken & West, partner, January 1987-March 1987 Wayne M. Creech, sole practitioner, March 1987 present
Federal - infrequent State - frequent Other - infrequent (His practice has been limited to non-litigation real estate related matters since March 1987). 10. Percentage of litigation: Civil: 50% Domestic: 25% Criminal: 25% 11. Percentage of cases in trial courts: Jury: 40% Non-Jury: 60% (He has served together with one or more attorneys as chief counsel in an estimated 25%. He has served as sole counsel in an estimated 75%). 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) The South Carolina Public Service Authority v. Steve summers, Treasurer of Orangeburg County, et al. Case No. 80-CP-38-59 He served as the primary trial attorney in this case at the circuit court level. The central issue was whether certain leasehold property owned by the South Carolina Public Service authority and leased to individuals for residential and commercial uses was being used "exclusively for a public purpose" thereby entitling the property to be tax exempt, or whether in the alternative, the uses were of such nature as to disallow the tax exemption. This case was subsequently heard by our Supreme Court (318 S.E. 2d 113). The holding in this case assisted in clarification of the provisions permitting tax exemption as set forth in Article 10 {3 of the South Carolina Constitution and {58-31-10 et seq. of the South Carolina Code. (1976). (b) Virginia McNeil, as Administratrix of the Estate of Dexter Jerome McNeil v. Trees, Inc., and Lerov Elijah Wright, Jr. Case No. 84-CP-08-361 He served as one of two primary trial attorneys in the handling of this wrongful death action. While no unusual holdings or precedents resulted from this case, a substantial settlement was obtained for the family of the deceased as a result of persuasion of the trial judge to permit into evidence testimony related to the Defendant, Wright's, previous driving record. This testimony was to be allowed on the issue of recklessness but not on the issue of negligence. (c) Harold C. Staley v. Port Oil, Inc. and John White f/d/b/a Port Oil Company Case No. 81-CP-08-336 He served as one of the two primary trial attorneys on this wrongful termination of an oil distributorship franchise case. The case centered around the firing of an alleged oil company employee by the combined actions of the Defendants which resulted in his loss of an oil distribution franchise under the Federal Petroleum Marketing Practices Act. Although the case was settled on the day of trial and resulted in no special holdings or precedents, he considered the case significant because it was one of the earlier cases in South Carolina in which the Plaintiff relied upon the Petroleum Marketing Practices Act and the "Franchise Theory" to obtain a sizeable settlement for interference with a private oil business. (d) Berkeley County Department of Social Services v. Keith Gary Taylor and Lisa Howard Taylor Case No. 82-DR-08-675 and 84-DR-08-501 He served as court appointed counsel for the parents of two children alleged to have been in threat of harm from their parents. When he became involved, the children had already been removed from the home of the Respondents and termination of parental rights was being sought by the Department of Social Services. He considers this case significant because after literally years of DSS intervention to protect the interests of the minor children, and subsequent to the filing of a Petition for Termination of Parental Rights, he was able to effectively convince the Court through testimony and argument to allow continued counseling between the parents and children which ultimately resulted in the return of the children to their parents and preservation of this family. (e) In the Interest of: Shannon Birkhead Hutter. Case No. 78-DR-08-699 This case, perhaps of all cases handled in his career, has been the most significant to him. While not establishing any case precedents, the impact of this litigation on the parties involved was of such a special nature that he considers it one of the most important cases handled by him as an attorney. The case centered around the attempt of the physical custodian (the stepfather of the minor child) to obtain custody of the child after the tragic death of the child's natural mother. He represented the natural father who had not had any significant personal tie with the child, other than contribution of support, for approximately four years prior to the mother's death. Testimony revealed the stepfather's misuse of funds over which he had been appointed guardian as well as other conduct by him indicating his intention to benefit personally from being appointed custodian of the child: The natural father was awarded custody and the family has grown close and developed a good family environment for the child. From a legal perspective, this case was interesting because it was an early case to resolve the step-parent "standing" question by reliance on the "best interests" test rather than a cold absence of standing by a step-parent. 14. Public Office: Moncks Corner Town Attorney elected by council, November 1980 - March 1987 17. He writes title insurance for himself and other lawyers in Moncks Corner when they request him to do so. Title Insurance Agent: Investors Title Insurance Company: July 1978 Present Lawyers Title Insurance Company: May 1982 Present 22. Disciplined: He was the subject to two complaints to the S.C. Bar Board of Grievances and Discipline as follows: (1) Donald Johnson - filed June 1982; dismissed August 1982 (2) Leon Ramsey - filed October 20, 1986 dismissed December 3, 1986 23. Health is good. 27. In early 1986 he was treated for temporary depressed mood. The condition was temporary and is completely resolved. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Moncks Corner United Methodist Church, member from March 1961 - January 1985; First Baptist Church of Moncks Corner, member from January 1985 present 33. Five letters of reference: (a) Sam Parker, Assistant Vice President South Carolina National Bank P.O. Box 1214, Moncks Corner, SC 29461 (b) Harold N. West, Jr., Associate Pastor First Baptist Church 112 E. Main Street, Moncks Corner, SC 29461 (c) R. Markley Dennis, Esquire P.O. Drawer 1174, Moncks Corner, SC 29461 (d) Gedney M. Howe, III, Esquire P.O. Box 1440, Charleston, SC 29402 (e) Morris D. Rosen, Esquire P.O. Box 893, Charleston, SC 29402
A. YES, SIR.
THE FAMILY, WHEN THEY CAME TO ME AFTER I WAS APPOINTED TO REPRESENT THEM BY, I BELIEVE JUDGE JOLLY APPOINTED ME, THEY WERE ALREADY IN THE THROWS OF TERMINATION OF PARENTAL RIGHTS ACTIONS AT THE TIME. AND WHEN I WAS APPOINTED, THIS WAS NOT AT THE TIME OF THEIR INITIAL CONTACT WITH THE DEPARTMENT OF SOCIAL SERVICES AND SO IT WAS A PROLONGED STRUGGLE PRODUCING PEOPLE, BASICALLY BY--I COULDN'T CALL IT ANYTHING LESS THAN JUST PURE ATTEMPTS AT PERSUASION TO HAVE THE DEPARTMENT OF SOCIAL SERVICES CONTINUE TO BE INVOLVED WITH THE FAMILY; AND IT'S VERY REWARDING TO KNOW THAT THIS IS ONE OF THOSE INSTANCES WHEN THE DEPARTMENT OF SOCIAL SERVICES HAD, IN FACT, ACTED PREMATURELY. THE TERMINATION OF PARENTAL RIGHTS WOULD HAVE BEEN THE WRONG THING AND IT TOOK US ABOUT TWO AND A HALF YEARS TO PROVE THAT, BUT ULTIMATELY WE DID.
(BACK ON THE RECORD.)
SENATOR SMITH: ALL RIGHT, BACK ON THE RECORD. SENATOR SMITH: MR. SODERLUND. (DAVID A. SODERLUND, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT #4, WAS DULY SWORN BY SENATOR SMITH.)
Q. HAVE YOU REVIEWED THE SUMMARY THAT WE MADE?
LETTER "E" UNDER THE CASES, I LOOKED AT THAT THING TODAY, AGAIN.
1. David A. Soderlund Home Address: Business Address: 103 Queensbury Circle 2154 North Center Street Goose Creek, SC 29445 Suite B-204 N. Charleston, SC 29418 2. He was born in Plainfield, New Jersey on February 17, 1945. Social Security Number: ***-**-***** 4. He was married to Rose Marie Ricketson on July 15, 1966. They have 4 children: Dawn Michelle, age 19 (Sophomore, College of Charleston); Linnea Marie, age 18 (secretary, Cryogenic Rare Gas, Hanahan, SC); David Arthur, Jr., age 12; and Charles Larson, age 6. 5. Military Service: US Marine Corps; October 1962-October 1966; CPL E-4; Service #1973869; Status: Inactive; Honorable Discharge 6. He attended Rutgers University, New Brunswick, New Jersey, BA History, 1971 and the University of South Carolina Law School, JD, 1974. 8. Legal Experience since graduation from law school: Associate with former firm of Smoak, Howell, Bridge & Moody, Walterboro, SC, November 1974-December 1975, General Practice; private practice as sole practitioner January 1976 until present,. General Practice, Domestic Law, Real Estate, Personal Injury, and limited criminal 9. Frequency of appearances in court during the past five years: Federal - Twice - personal injury suits State - High frequency in Family Court Other - Medium to high frequency in magistrates and municipal courts 10. Percentage of litigation: Civil: 40% Domestic: 40% Criminal: 20% (approximate) 11. Percentage of cases in trial courts: Jury: approximately 95% Non-Jury: approximately 5% Two tried cases acted as co-counsel The balance of cases, sole counsel 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) Family Court - 1978 - Unreported - Trial judge changed custody of children from the mother to the father. He represented the mother. Appeal was taken and a Supersedeas Motion was filed with the State Supreme Court. After a hearing before the full court, the Supreme Court reversed the trial judge's Order and remanded it to the lower court. This case was significant because the Supreme Court reversed the trial judge on supersedeas and remanded rather than staying the Order. Therefore, the custody decision was overturned within one week after the Order was filed and a full Appeals process was avoided. (b) Common Pleas Court - Ludwick v. This Minute of Carolina, Inc., and Sheldon Solomon and Florence Solomon November 18, 1985 He was the co-counsel with the late Pledger Bishop representing the Solomons personally. This case involved a suit by Ludwick against the Defendants alleging wrongful termination of employment without a written contract. The suit alleged that the Plaintiff was fired for obeying an Employment Security Commission subpoena. This case was tried before the Honorable John Hamilton Smith who non-suited the case after the Plaintiff's evidence based on the "termination at will" doctrine. Appeal was taken and the Court of Appeals upheld the trial court's ruling 321 SE2d 618 (Ct. App. 1984). Certiorari was granted by the State Supreme Court and after hearing this case, the Supreme Court, on November 18, 1985, restated that termination at will remained the law, but carved out an exception that stated, "an at will employee could not be discharged in derogation of a clear mandate of public policy." This case was remanded for trial. This case was significant in that it was, to his knowledge, the first variance from strict adherence to the "termination at will" doctrine. (c) Family Court - He represented the husband in a domestic action. The husband and wife were divorced in South Carolina in the mid-1970's. At the time of the divorce, the wife and children resided in New York and the husband resided in South Carolina. The husband obtained a divorce. The Decree awarded custody to the wife and child support to the wife although the wife never appeared in South Carolina. In 1982 the children came to South Carolina for visitation with the father. At that time, the children were 14 and 16 years old. The children wanted to stay in South Carolina. Action was filed here under the theory of continuing jurisdiction. The trial judge ruled that South Carolina had no jurisdiction due to UCCJA and transferred the case to New York State. He filed an Appeal. The client associated Robert Rosen of Charleston and a supersedeas was filed. Chief Justice Ness granted supersedeas and the mother applied to the full court. After hearing this case, the Supreme Court remanded the case to the lower court for trial. The case was settled at that time with the husband getting custody. This case was significant because it involved the issue of whether continuing jurisdiction prevailed over UCCJA. (d) Family Court - He represented a wife in a divorce action alleging adultery and demanding equitable distribution, attorney's fees and alimony. This case was tried and lasted approximately two days. Testimony of the husband admitted he had told the wife after the separation that he had committed adultery throughout their marriage. The wife had no knowledge prior to those admissions. The trial judge found evidence of admissions and a present relationship with another woman was sufficient in spite of husband's testimony. He only told his wife about the previous adultery to get her angry and it was not true and his present relationship was one of friendship. The wife received substantial awards regarding other relief. The marriage had been one of 26 years duration. No appeal was taken. This case was significant in that the admissions of misconduct many years previously was effectively held sufficient to prove adultery, lacking previous knowledge by the wife and no cohabitation after this knowledge. (e) Municipal Court - He was appointed to represent the Defendant who was charged with assault (2 counts) and disorderly conduct under a city ordinance. The client refused to consider a plea bargain offer and a jury trial followed. The facts in this case involved the Defendant coming up to his babysitter's home around 9 p.m. to pick up his son after work. The Defendant was a single parent with custody of the child. When approaching the residence, he saw marked and unmarked vehicles (around 6-8) near and in front of the residence. He ran into the residence, knocking the arm of a plain clothes policeman in order to get him out of the way. He picked up his son and attempted to leave and fracas ensued. At the trial a defense motion to sequester witnesses was granted. Testimony of five police officers differed greatly and one officer even stated that he did not believe that the Defendant meant to hit him. The trial judge dismissed one assault charge on motion and the prosecutor decided to nol pros the remaining charges due to great variances in testimony. This case was significant in that it clearly demonstrates that the sequester of witnesses can be very beneficial at times. 20. He had a South Carolina Tax Lien filed April 23, 1985 and satisfied May 30, 1985. The amount of the lien was $730.57 (#29019/Charleston County). 22. Disciplined: An inquiry was made in January of 1988. The client withdrew his complaint and the chairman of the committee closed the file. 23. Health is excellent. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Member of Goose Creek Lions Club since 1976 - served as Secretary 1977-1978 and President 1978-1979 and 1979-1980; elected to School Advisory Council, College Park Middle School, 1982-1983; served on the School Improvement Council, Stratford High School, 1983-present, elected chairman for the year 1986-1987; serves on the Board of Directors of Caromi Volunteer Fire Department, Ladson, SC; member of St. Timothy Lutheran Church, Goose Creek, SC, where he is presently serving a three-year term on the Church Council 33. Five letters of reference: (a) Elijah McCants, Assistant Cashier South Carolina National Bank P.O. Box 1214, Moncks Corner, SC 29461 (b) James E. Gonzales, Esquire P.O. Box 10453, North Charleston, SC 29411 (c) David J. Baggett, M.D. 801 Travelers Blvd., Suite 415 Summerville, SC 29483 (d) George C. McCrackin, Principal Stratford High School Crowfield Blvd., Goose Creek, SC 29445 (e) Rev. Ben Moravitz St. Timothy Lutheran Church Highway 52, Goose Creek, SC 29445
Q. THE BOARD OF COMMISSIONERS AND GRIEVANCES AND DISCIPLINE SAY THAT NO FORMAL COMPLAINTS HAVE BEEN FILED AGAINST YOU, WHICH MEANS THEY HAVE NOT FILED ANY COMPLAINTS. I SEE YOU HAVE INDICATED THAT THERE WAS AN INQUIRY MADE BUT WITHDRAWN, AND OBVIOUSLY THERE WAS NOTHING TO THAT, IN JANUARY OF '88. SENATOR SMITH: JUDGE BOARD. JUDGE BOARD: YES, SIR. SENATOR SMITH: EXCUSE ME, I WANT TO GET YOU IN HERE BEFORE WE GET TO THE CIRCUIT COURTS. JUDGE BOARD: THANK YOU. SENATOR SMITH: AND I APOLOGIZE FOR THE DELAY, BUT IN ORDER TO KEEP MY PAPERWORK STRAIGHT. (JOSEPH W. BOARD, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT #4, WAS DULY SWORN BY SENATOR SMITH.)
Q. JUDGE, YOU'VE SEEN OUR SUMMARY; IS IT CORRECT?
1. Joseph W. Board Home Address: Business Address: Route 6, Box 177 P.O. Box 777 Pickens, SC 29671 Pickens, SC 29671 2. He was born in Roanoke, Virginia on October 22, 1939 Social Security Number: ***-**-***** 4. He was married to Martha Shuler on June 9, 1961. They have 3 children: Joseph O'Bryan, age 22 (student); Susan Amy, age 21 (student); and Bruce Evans, age 17 (student). 5. Military Service: U.S. Army; Signal Corps; 05220447; Captain; 1965-1967; Honorable Discharge 6. He attended the University of Virginia, 1958-1962, B.A. and the University of Virginia Law School, 1962- 1965, J.D. 8. Legal Experience since graduation from law school: General practice in Pickens County, 1967-1977; appointed Special Judge by Supreme Court, January 10, 1977; elected- Family Court Judge July 1, 1977 until present 13. Judicial Office: Elected Family Court Judge, took office July 1, 1977; appointed Special Judge, January 10, 1977 by Chief Justice Lewis 14. Public Office: Public Defender, Pickens County, April 1970 through June 1974 21. Sued: Nothing since the last screening 22. Disciplined: Since the last screening eight letters have been sent to the Judicial Standards Commission. All were dismissed. 23. Health is good. 30. Civic, charitable, religious, educational, social, and fraternal organizations: Appointee to Governor's Committee on Juvenile Justice; Chairman, Permanency Planning Committee for South Carolina; member Substitute Care Advisory Committee; Advisory Board State Guardian ad Litem Program; past Chairman of the Board of Trustees for Epworth Children's Home; Executive Committee Blue Ridge Council Boy Scouts of America; member Clemson University Engineering Foundation; Mason; member Grace United Methodist Church; YMCA; Snee Farm County Club, Mt. Pleasant, SC 1984 - 1986; Easley Tennis Club,-1985 - 1987 33. Five letters of reference: (a) John E. Sparks, Vice President South Carolina National Bank P.O. Box 157, Pickens, SC 29671 (b) Hon. Oliver A. Nealy Clerk of Court, Pickens County P.O. Box 215, Pickens, SC 29671 (c) Cornelia D. Gibbons, Executive Director S.C. Children's Foster Care Rvw. Bd. System 2221 Devine St., Suite 418, Columbia, SC 29205-2471 (d) Hon. Howard A. Taylor Clerk of Court, Charleston County P.O. Box 934, Charleston, SC 29402 (e) Resolution Pickens County Bar Association P.O. Box 1026, Easley, SC 29641
Q. YOUR CREDIT IS SATISFACTORY AND ALL THE RECORDS FROM ALL THE LAW ENFORCEMENTS ARE SATISFACTORY. THE F.B.I. CARD IS CORRECT. SOUTH CAROLINA HIGHWAY DEPARTMENT; JUDGMENT ROLLS, NO JUDGMENTS. YOU HAVE DISCLOSED THAT APPARENTLY EIGHT LITIGANTS GOT MAD WITH YOU AND EIGHT WROTE LETTERS. I ASSUME THAT IS WHAT IT IS. (JAMES C. HARRISON, JR., CANDIDATE FOR JUDGE OF THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.) SENATOR SMITH: ALL RIGHT, SIR. BY THE WAY, AGAIN, BOTH OF YOU HAVE HEARD MY EXPLANATION OF WHY WE'RE DOING IT THIS WAY, HAVEN'T YOU? JUDGE HARRISON: YES, SIR. MR. KINARD: YES, SIR. SENATOR SMITH: I'M SURE IT SEEMS TERRIBLY MUNDANE TO YOU BUT I THINK IT'S IMPORTANT THAT WE DO IT.
Q. YOU'VE REVIEWED OUR SUMMARY OF THE QUESTIONNAIRE?
1. James C. Harrison, Jr. Home Address: Business Address: 2231 Wheat Street 1701 Main Street Columbia, SC 29205 Columbia, SC 29201 2. He was born in Columbia, South Carolina on December 16, 1942. Social Security Number: ***-**-***** 4. He was married to Elizabeth Burch on April 13, 1968. They have 2 children: James C., III, age 15 and Elizabeth L., age 8. 5. Military Service: November 1968 - February 1969; USMCR; PFC; 2474568; Honorable Discharge 6. He attended the University of South Carolina, September 1961 - June 1965, A.B. English; the University of South Carolina Law School, September 1965 - June 1968, J.D.; the University of Houston, Texas, August 1975, Advanced Criminal Trial Practice, 2 week course, National College of Criminal Defense Attorneys and Public Defenders, Certificate; and the University of Reno, Nevada, August 1982, National Judicial College, 2 week course, Special Courts, Limited Jurisdiction, graduate. 8. Legal Experience since graduation from law school: Special Agent, FBI, July 1969 - February 1972; Assistant South Carolina Attorney General, February 1972 - July 1973; In-House Counsel for Carolina Pipeline Company (now SCE&G by merger), July 1973 - January 1975; Deputy Public Defender, Richland County, January 1975 February 1977; Private law practice, Columbia, South Carolina, February 1977 - September 1982; Associate Municipal Judge, City of Columbia, February 1977 - September 1982; Master in Equity, Richland County, September 1982 - Present 15. Judicial Office: Associate Municipal Judge City of Columbia, South Carolina, February 1977 - September 1982. Appointed by Columbia City Council; Jurisdiction limited to traffic and criminal with penalty $200 or 30 days including jury trials and preliminary hearings. Master in Equity, Richland County. Appointed by Governor Riley, September 1982, reappointed June 1983, reappointed by Governor Campbell June 1987. Unlimited civil Jurisdiction, non-Jury. He has also served as Special County Court Judge during his tenure as City Judge and several terms and Special Circuit Judge during his tenure as Master in Equity. 16. Public Office: Special Agent, Federal Bureau of Investigation. July 1969 - February 1972. Appointed by Director J. Edgar Hoover, FBI. Worked general criminal in Omaha and Lincoln, Nebraska. He was resident agent in Lincoln having the responsibility for four Nebraska counties. He served also in San Francisco working Internal Security of the United States including internal subversive and terrorist fugitive activities. Assistant Attorney General and Administrator for South Carolina Magistrate Courts. February 1972 - July 1973. He was responsible for prosecuting DUI violations statewide including hiring attorneys to prosecute these violations. He handled criminal appeals including the cases of Richards v. Crump, 260 S.C. 133, 194 S.E.2d 575 (1973), which established consecutive sentencing by magistrates and State v. Dickert, 260 S.C. 490, 197 S.E.2d 89 (1973), which established jurisdiction of circuit court over judgment of magistrate court. He also had administrative oversight of all South Carolina Magistrates. 25. Health is excellent. 27. He wears glasses or contact lens for nearsighted astigmatism. He also has a slight hearing loss in his left ear as a result of having had mineares syndrome (cochlea hydrops) in 1978 or 1979. 32. Civic, charitable, religious, educational, social, and fraternal organizations: Trenholm Road United Methodist Church: Member Administrative Board, Church School Teacher, Lay Delegate to Annual Conference, Member Rejoice Choir; South Carolina Conference United Methodist Church: Member Board of Church and Society, Lay Speaker, Planning and Program Evaluation Committee, Past Chairman Conference Committee to Reorganize the Board of Laity; Killingsworth Home, Inc. (home for women in crisis), President of Board; Bethlehem Community Center (inner city day care and community activity center), Member of Board of Directors, Chairman Finance Committee; Quail Unlimited (quail and game habitat preservation), Member of Board of Directors; Community Care, Inc. (Columbia urban ministry), Former Member of Board of Directors; South Carolina debutante Ball; Society of Former Agents, FBI; Executive Sertoma Club; United Way of Midlands, Member of Board of Trustees, Past Group and Division Chairman 33. He was cited by the General Assembly in a Joint Resolution in 1973 for "Outstanding Service to the S.C.. Magistrates Court System." He has been a lecturer at numerous Continuing Legal Education seminars, law school classes, and every "Bridge the Gap" program since inception. 34. Five letters of reference: (a) Culver P. Choate, Vice President C & S National Bank Columbia, SC 29222 (b) Hon. Frank Powell Sheriff, Richland County P.O. Box 143, Columbia, SC 29201 (c) O. Wayne Corley, Esquire P.O. Box 11390, Columbia, SC 29211 (d) Randall M. Chastain Associate Professor of Law University of South Carolina Columbia, SC 29208 (e) Rhett Jackson 34 Richland Mall, Columbia, SC 29204
Q. YOUR CREDIT IS SATISFACTORY AND THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE ADVISE, US THAT NO FORMAL COMPLAINTS OR CHARGES HAVE BEEN MADE AND THERE'S NO RECORD OF REPRIMANDS AGAINST YOU AS MASTER IN EQUITY OF RICHLAND COUNTY. HAVE YOU YOU HELD ANOTHER JUDICIAL POSITION AT ONE TIME?
SENATOR, I HAVE BEEN A JUDGE FOR THE LAST 12 YEARS APPROXIMATELY AND I THINK SUCCESSFULLY. I HAVE SEEN THE SYSTEM FROM THE BOTTOM OF IT TO THE TOP OF IT AND HAVE WORKED IN IT IN ALL OF THOSE AREAS. I HAVE MADE PROBABLE CAUSE DETERMINATIONS IN THE MIDDLE OF THE NIGHT AND DEALT WITH THE LOCAL POLICE, BOTH AS A PROSECUTOR AND AS A PUBLIC DEFENDER AND AS A JUDGE. IN THE GENERAL SESSIONS SIDE OF THE COURT, I HAVE SET BONDS AS A MUNICIPAL JUDGE, HAD PRELIMINARY HEARINGS. AS A PUBLIC DEFENDER, I HAVE OPERATED IN THAT SYSTEM IN TRYING CASES IN IT AND UNDERSTAND HOW THE CASES FLOW AND I UNDERSTAND HOW THEY GET TO COURT. AS A MASTER IN EQUITY I HAVE A Heavy CASE LOAD. MY CASE LOAD IS APPROXIMATELY 1,000 TO 1200 A YEAR. IT VARIES FROM THE VERY ROUTINE TO THE COMPLEX. I BELIEVE THAT I HAVE A RECORD OF SUCCESS AS A MASTER IN EQUITY FOR THE PAST FIVE AND A HALF YEARS. THE TIMES THAT I HAVE BEEN APPEALED, I DON'T REALLY THINK THAT THE NECESSARY MARK OF A JUDGE IS HOW MANY TIMES YOU HAVE BEEN AFFIRMED RATHER THAN REVERSED BUT I CAN SAY THAT BELIEVE I HAVE PROBABLY BEEN AFFIRMED MORE TIMES THAN I HAVE BEEN REVERSED. BUT MORE SIGNIFICANTLY, SOME OF THE ORDERS THAT I HAVE WRITTEN ARE NOW QUOTED BY THE SUPREME COURT. THEY HAVE, ON ONE OF THE CASES THAT I HAD, ADOPTED MY ORDER, A RECENT CASE THAT I SAW. THEY HAVE CITED ANOTHER CASE THAT I HAD DECIDED. I KNOW THE SYSTEM AND I HAVE BEEN INVOLVED IN IT AND I BELIEVE THAT AS FAR AS MY LEGAL ABILITY, IT'S BEEN OR TO SOME EXTENT CAN BE LOOKED AT IN SOUTHEAST SECOND AND IT'S THERE AND IT'S A KNOWN QUANTITY. AS A LAWYER AND, OTHERWISE, I HAVE BEEN A LAW ENFORCEMENT OFFICER. I HAVE BEEN AN F.B.I. AGENT. I GREW UP IN A LAW ENFORCEMENT FAMILY. AS AN ASSISTANT ATTORNEY GENERAL, I HAD THE OPPORTUNITY TO PROSECUTE CASES. AS A PUBLIC DEFENDER, I HAD AN OPPORTUNITY TO DEFEND ALL CATEGORIES OF CASES, INCLUDING A DEATH PENALTY MURDER CASE. I THINK THAT THAT'S A BROAD RANGE OF EXPERIENCE AND I WANTED TO OFFER IT TO THE PEOPLE OF SOUTH CAROLINA BECAUSE THINK IT'S SIGNIFICANT AND WOULD HOPE THAT IT WOULD BE VIEWED FAVORABLY BY THIS COMMITTEE AND THE LEGISLATURE. SENATOR SMITH: MR. KINARD. MR. KINARD: SENATOR SMITH. SENATOR SMITH: LAST BUT NOT LEAST. MR. KINARD: LET THE LAST BE FIRST.
(J. ERNEST KINARD, JR., CANDIDATE FOR JUDGE OF THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT WAS DULY SWORN BY SENATOR SMITH.)
Q. YOU HAVE REVIEWED THE DATA QUESTIONS, THE SUMMARY OF THE DATA QUESTIONNAIRE?
1. J. Erneist Kinard, Jr. Home Address: Business Address: 1900 Lyttleton Street 1111 Church Street Camden, SC 29020 Camden, SC 29020 2. He was born in Newberry, South Carolina on October 18, 1939. Social Security Number: ***-**-*****
4. He was married to Kay Livingston Davis on July 21, 1963. They have 3 children: Kay Marie, age 22 (Senior/University of Georgia); Audrey Roberts, age 20 (Junior/Clemson University), and John E., III, age 17 (Senior/Camden High). 6. He attended Clemson University, fall 1957 until mid-year 1960, then transferred to the University of South Carolina with plans to subsequently enter USC Law School. He graduated from the University of South Carolina in 1961 with a Bachelor of Arts Degree. He entered law school in the fall of 1961 and graduated mid-term 1964 with a LLB Degree. (Wig & Robe while in law school.) 8. Legal Experience since graduation from law school: In law school he clerked for the old McKay Firm. Upon his graduation from law school in January of 1964 he moved to Camden and clerked for Henry Savage, Jr. and Ed Royall until his admission to the Bar in April of 1964 and then became an associate. He became a partner in 1965. Since 1968 he has been managing partner in charge of personnel and procedure, delegating and assigning various cases and functions to firm members. 9. Frequency of appearances in court during the past five years: Federal - His appearances in Federal Court for the last five years in Bankruptcy Court appearances alone would probably average 40 per year, and he would handle 1 or 2 small Federal civil matters a year State - His appearances in State Courts over the last five years would exceed 30 per year, including Family Court and Master's hearings, Circuit Court Motions, etc. Other - His appearances before other courts, including administrative hearings, would average six a year 10. Percentage of litigation: Civil: 85% Domestic: 14% Criminal: 1% 11. Percentage of cases in trial courts: Jury: 10% Non-Jury: 90% (He was sole counsel 75%, chief counsel, 24%, and associate counsel 1%) 12. Five (5) of the most significant litigated matters in either trial or appellate court: (a) Mary Whitaker v. Catawba Timber Company, Court of Common Pleas, Kershaw County, South Carolina (81-CP-28-159) decision May 3, 1982, Judge Walter J. Bristow, Jr. The Plaintiffs in 1967 agreed to accept an increasing yearly rental for a 66-year term for about 260 acres, and they further executed an option to purchase for $15,000 any time after the 20th year increasing 5% per year from the 21st year through the 66th year of the lease term. Plaintiff filed suit seeking cancellation of the lease and option after he attempted to exercise the option to purchase for the company. Basically, the Plaintiff alleged inadequacy of consideration and that the option violated the rule against perpetuities. He paid the consideration into court and counterclaimed, seeking specific performance. After a trial without a jury before Judge Bristow, he executed an Order granting specific performance and they immediately closed the purchase. A group of cases do hold such a clause violative of the rule and that issue was novel to South Carolina; however, his research had found the majority rule to hold favorable in similar circumstances, including a recent Georgia decision involving a landowner, a paper company and a 60-year lease. Catawba Timber is a subsidiary of Bowater and many thousand of acres were under option under similar leases. House counsel for Bowater advised him that based on his research, they ascertained that their options in several states would possibly be held to violate the perpetuities rule in those states and they accordingly exercised all their options to purchase rather than risk litigating the issue again which is why he finds the case to be significant. (b) Foxwood, a Limited Partnership v. Town of Kershaw, 80-CP-29-10, Court of Common Pleas, Lancaster County, Decision Judge George Coleman, July 14, 1980. The Town of Kershaw refused to permit an apartment project to connect to its water and sewer facilities after earlier granting permission. The suit was for a writ on mandamus and also sought injunctive relief alleging basically that the city was estopped, that water hook ups were ministerial functions and could not be arbitrarily withheld, and that quasi-zoning by granting or withholding water taps denied equal protection. Judge Coleman ordered the Town to furnish the services. The Town filed Notice to Appeal, which was eventually dismissed in early 1981. Incidentally, their clients then sought issuance of permits and the Town refused, resulting in their filing suit seeking damages and a contempt order against each councilperson. Prior to a hearing on the contempt matter, the Town agreed to cooperate, and they filed an Order of Dismissal in June of 1982, with the apartment project finally commencing in late 1982. It is now approximately 80% completed. He feels this case to be significant in that it again shows that if you persevere, elected officials will be compelled to perform their legal duty and will acknowledge that they also are under the law. (c) The State v. McKinley Thomas, Murder Indictment, Trial in Richland County, South Carolina This is a criminal case which occurred about 15 years ago when Theodore Byrd and associates marched two Kershaw County deputies off I-20 near Elgin, killed Officer Potter and severely injured a fellow officer. The case was tried by Solicitor John Foard before Judge Grimball, just before the Solicitor's defeat by Jim Anders. The trial was widely publicized and took a week to try. He spent at least one month working on that unpopular court-appointed defense, including many trips to Columbia, and never received any compensation, as the defense fund was exhausted when the claim was filed, as he recalls. The trial was complex, many attorneys were involved, including the Richland County defense group. He served as Chief Counsel for this Defendant and examined every witness and argued to the jury. They successfully overcame the old "hand of one is hand of all" argument in the face of previous knowledge brought out in the trial that Byrd had killed another officer the previous night with the Defendant and others in attendance and also that all Defendants were holding guns on the officers when Byrd started shooting. The jury found the Defendants, except Byrd, who had pled guilty, not guilty of murder and other related charges, finding guilt only of larceny of the officers' pistols as he recalls. Overcoming the Solioitor's vigorous presentation and the legal issues presented make the case appear significant to him. His jury arguments since he then felt the Defendants should be found guilty, against the hand of one theory was his most trying moment in his career and while he did not falter, during the argument, he honestly never felt that a not guilty verdict was within the realm of possibility and he took no pride in that verdict when received but did learn to rethink some of his previous conceptions of how jurles arrived at verdicts and feels that his trial skills were helped by participation in that apparent hopeless decision. (d) Helen Best, et al. v. L.L. DeBruhl, Court of Common Pleas, Kershaw County, South Carolina He was chief counsel in this case, ably assisted by Judge Clator Arrants and Senator Donald Holland. The case was decided over 15 years ago and involved a suit by the Plaintiff against the Sheriff of Kershaw County alleging false imprisonment and violation of various civil rights statutes growing out of the Sheriff's arrest of three middle-aged ladies from the Bethune area on alleged drug possession. A reliable informant advised the Sheriff that the ladies who were under surveillance had certain drugs in their possession and where they were to be. The Sheriff picked up the ladies and brought them to the jail and asked if his wife could search them (this was before they had any female officers in the County) to which they consented, provided that could first use the bathroom, which consent was then given (their Sheriff was then younger and not as experienced). Obviously, the subsequent search uncovered no controlled substances. The case was difficult to defend as some procedures were not properly followed and the Sheriff refused to identify his informant or permit them to present other drug related evidence damaging to the Defendants earlier obtained by his force. The case was tried before Judge Wade Weatherford and resulted in a verdict for the Defendant. The case seems significant in that it was widely publicized, and the favorable verdict tended to discourage frivolous suits locally against elected officials; in fairness, they would have been pressed to have won the case had suit been filed in Federal Court due to the minor procedure violations mentioned above and Plaintiff's attorneys permitting them to paint a damaging portrait of their client by innuendo which would probably not have been permitted in federal Court. (e) Hovis v. Wright, Fourth Circuit, January 10, 1985, 84-1128 This was a bankruptcy matter where he filed a schoolteacher in bankruptcy and claimed as exempt from bankrupt proceedings, the State's retirement contributions of his teacher/debtor which amount at that time exceeded $8,000.00 Judge Davis, on motion of the Trustee and hearing, ruled that the Trustee could reach the State retirement fund. He appealed and Judge Perry for the District Court held that the Trustee could not reach the funds. A subsequent appeal was taken to the Fourth Circuit, where it was held that the funds could not be reached. This case was very important since not only his individual teacher, but all state employees were affected by the outcome, and he doesn't know the exact number but about 40 State employees retirement benefits were riding on the outcome of this decision at the time of its final adjudication. He did not actually appear before the Fourth Circuit as he asked the Attorney General to intervene since the State's interest appeared, Breat and they graciously furnished counsel. He did file a brief, but did not appear before the Fourth Circuit. 13. List up to five civil appeals which you personally have handled, giving the case, the court, the date of decision and citation, if reported. He has not handled any appeals. Bob Sheheen of his firm has handled all of their appeals over the last twenty (20) years. 16. Public Office: He was President of the Kershaw County Chamber of. Commerce in 1983; President of the Camden Country Club, 1981-1982 : and 1982-1983; Vice-Chairman of Wateree Community Actions 1969-1972; served on the Board of the Kershaw County Commission on Drug Abuse from 1970-1975 17. Unsuccessful Candidate: He did announce and run against Judge Owens Cobb for this seat in 1983 but withdrew prior to the election. 25. Health is good. 32. Civic, charitable, religious, educational, social, and fraternal organizations: Kershaw County Chamber of Commerce (President); St. Timothy's Lutheran Church; Camden Sertoma Club, Camden Assembly; Camden Cotillion; Carousel Dance Club; Kershaw County Lodge 29 AFM; Camden Country Club; Newberry College Indian Club (Chief); IPTAY (Cold Card); SNIPE Club; Kershaw County Fine Arts Center; Louise C. Proctor Trust (Trustee); USC Alumni; Wateree Valley Clemson Club (Director); Camden Bulldog Club (Executive Member); Alston Wilkes Society; Camgand Club; and various school related parent groups, also small contributing member to numerous charities, such as the Cancer Society, not itemized, as he has taken no role in those organizations 33. To his recollection in his 24 years of practice, only one client has changed attorneys in a case after his representation commenced and that was with his welcome consent without ill will. The case was a marital case which involved neighbors, who remain friends, now divorced, prior to pleadings being filed. He had from the start advised he was at best a reluctant advocate and had encouraged use of another, nonpersonally involved attorney. He has refused to accept or has withdrawn from cases when conflicts occurred where conflicts would affect or appear to affect his effective representation and withdrawn from one case where the client subsequently would not accept an agreed settlement after the check and releases were received. 34. Five letters of reference: (a) R. Donald Terrell, Vice President C & S National Bank P.O. Box 250, Camden, SC 29020 (b) H. Davis Green, Jr., Chairman of the Board and Executive Officer First Federal Savings & Loan Assn. of Camden 2310 N. Broad Street, Camden, SC 29020 (c) James B. Park, Pastor St. Timothy's Lutheran Church 1301 Mill Street, Camden, SC 29020 (d) Robert A. Carswell, CPA P.O. Box 862, Camden, SC 29020 (e) Hon. Carl R. Reasonover, Municipal Judge 1000 Lyttleton Street, Camden, SC 29020
Q. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SAYS THAT THERE'S BEEN NO COMPLAINTS OR CHARGES AGAINST YOU AND ALL THE APPROPRIATE LAW ENFORCEMENT AGENCIES, HIGHWAY DEPARTMENT, KERSHAW: COUNTY SHERIFF, CAMDEN CITY POLICE, SLED, ALL INDICATE NEGATIVE OR NO RECORD KERSHAW COUNTY CLERK IS NEGATIVE AND THE F.B.I CARD, YOU WERE FINGERPRINTED IN 1983. WHAT WAS THE PURPOSE FOR THAT IN '83? SENATOR SMITH: THE COMMITTEE WILL REVIEW THE TRANSCRIPT AND MEET IN EXECUTIVE SESSION AND ISSUE ITS FINDINGS AT A LATER DATE. (WHEREUPON, THE PROCEEDINGS WERE CONCLUDED AT 12:16 P.M.)
The Judicial Screening Committee has investigated the qualifications of the following candidates and finds each to be qualified to seek election.
Hon. James C. Harrison, Jr. 5th Judicial Circuit
Hon. Alvin C. Biggs Seat #2 1st Jud. Circuit
Respectfully submitted, (On motion of Rep. McEACHIN ordered printed in the Journal.) Received as information.
The following was received.
April 8, 1988 Dear Rep. Foster: The members of the South Carolina Arts Commission cordially invite members of the South Carolina House of Representatives to the 1987-88 Elizabeth O'Neill Verner Awards - Governor's Awards for the Arts presentation. The Verner Awards presentation will take place beginning at 5:30 P.M., on Tuesday, May 3, 1988, in the House Chambers of the State House, followed by a reception in the State House Rotunda. It would be appreciated if you would note this annual event in your calendar.
Sincerely yours, Received as information.
The following was received.
THE HOUSE OF REPRESENTATIVES
April 13,, 1988 House of Representatives Dear Mrs. Shealy: Pursuant to Act 176 of 1977, I have received on April 13, 1988, regulations concerning Graduation Requirements -- The Equivalency Certificate and the General Educational Development Tests from the Board of Education. They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely, Received as information. RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED The following were received.
THE HOUSE OF REPRESENTATIVES
April 13, 1988 House of Representatives Dear Mrs. Shealy: The Board of Education is hereby withdrawing regulations as originally submitted pertaining to Defined Minimum Program for South Carolina School Districts, effective this date. However, at this time the Board is resubmitting regulations, which contain amendments in three areas of the Defined Minimum Program for South Carolina School Districts: 1. Provisions for Granting High School Credit -- Grades 9-12, VI., B., 7; 2. Appendix A -- List of Approved Subjects; 3. Appendix B -- Acceptable Areas of Certification. The remaining regulations pertaining to this subject matter will be resubmitted at a later date. These regulations have been referred to the Education and Public Works Committee.
Sincerely,
THE HOUSE OF REPRESENTATIVES
April 13, 1988 House of Representatives Dear Mrs. Shealy: The Board of Education is hereby withdrawing and simultaneously resubmitting regulations with changes concerning Interscholastic Activities: Academic Requirements for Participation, effective this date. These regulations have been referred to the Education and Public Works Committee.
Sincerely, Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on: H. 4083 -- Reps. Beasley, Hayes, Fair, Corning and Hearn: A CONCURRENT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO MAKE A COMPREHENSIVE STUDY TO DETERMINE WHETHER THIS STATE NEEDS TO CONSOLIDATE THE SERVICES IT PROVIDES TO CHILDREN AND CREATE AN INTEGRATED AGENCY FOR THE PROVISION OF THE SERVICES.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration. H. 4083 -- Reps. Beasley, Hayes, Fair, Corning and Hearn: A CONCURRENT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO MAKE A COMPREHENSIVE STUDY TO DETERMINE WHETHER THIS STATE NEEDS TO CONSOLIDATE THE SERVICES IT PROVIDES TO CHILDREN AND CREATE AN INTEGRATED AGENCY FOR THE PROVISION OF THE SERVICES. Be it resolved by the House of Representatives, the Senate concurring: That the Joint Legislative Committee on Children shall make a comprehensive study to determine whether this State needs to consolidate the services it provides to children and create an integrated agency for the provision of the services. The chairman of the Joint Legislative Committee on Children shall appoint an advisory committee to conduct the study and shall serve as the chairman of the advisory committee. The advisory committee must include the chairmen of the following committees or commission or their designees: Senate Finance, Senate Medical Affairs, House Ways and Means, House Medical, Military, and Municipal Affairs, and State Reorganization Commission. The advisory committee, under the auspices of the Joint Legislative Committee, on Children may hold public hearings, subpoena witnesses, and inspect public files, records, and documents to the extent necessary to carry out its duties. The members of the advisory committee shall receive 'per diem, subsistence, and mileage provided by law for members of state boards, committees, and commissions to be paid from the approved accounts of the Senate and House. At the conclusion of its study, the advisory committee shall issue its final report to the Joint Legislative Committee on Children. The Joint Legislative Committee on Children shall present the advisory committee's report, with recommendations for adoption, rejection, or modification, to the General Assembly, at which time the advisory committee is dissolved. The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced: H. 4158 -- Rep. L. Phillips: A CONCURRENT RESOLUTION CONGRATULATING THE GREER CITIZEN AND ITS STAFF FOR CONTINUED EXCELLENCE IN JOURNALISM, FOR HONORS RECENTLY GIVEN ITS STAFF MEMBERS, AND FOR THE NEWSPAPER'S BEING SELECTED FOR THE FIRST PLACE AWARD FOR GENERAL EXCELLENCE BY THE SOUTH CAROLINA PRESS ASSOCIATION, AND COMMENDING THE GREER CITIZEN FOR ITS OUTSTANDING SERVICE TO ITS MANY READERS AND THE COMMUNITY. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees: H. 4159 -- Reps. Baker, Clyborne, Baxley, Gentry and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-25 SO AS TO EXTEND TO MAGISTRATES JURISDICTION TO CONDUCT SUPPLEMENTAL PROCEEDINGS TO ENFORCE JUDGMENTS OBTAINED IN MAGISTRATES' COURTS. Referred to Committee on Judiciary. H. 4160 -- Reps. Blackwell, M.O. Alexander, Baker, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice and Wilkins: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE PARAMOUNT PRECINCT. On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference. H. 4161 -- Reps. Lockemy, Burch and J. Bradley: A BILL TO PROVIDE THAT AN INSURANCE COMPANY IS OBLIGATED TO PAY THE EXPENSES OF A RENTAL CAR UNDER ANY POLICY PROVIDING FOR THOSE EXPENSES FOLLOWING AN AUTOMOBILE ACCIDENT UNTIL THE DELIVERY OF PAYMENT IN SETTLEMENT OF THE CLAIM FOR PROPERTY DAMAGE OR TWO DAYS AFTER THE PAYMENT IS MAILED OR FOR THE MAXIMUM TIME OR AMOUNT ALLOWED UNDER THE POLICY FOR PAYMENT OF THOSE EXPENSES, WHICHEVER OCCURS FIRST. Referred to Committee on Labor, Commerce and Industry. H. 4162 -- Reps. J. Bradley and Harvin: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE PAYROLL DEDUCTIONS FOR INSURANCE, SO AS TO PROVIDE PAYROLL DEDUCTIONS FOR PROPERTY AND CASUALTY INSURANCE PLANS PRESENTLY IN FORCE. Referred to Committee on Ways and Means. H. 4163 -- Rep. Washington: A BILL TO AMEND SECTION 41-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO EXPAND THE DEFINITIONS OF "PRIVATE PERSONNEL PLACEMENT SERVICE" AND "PLACEMENT FEE" TO INCLUDE THE DESCRIPTION OF ACTIVITIES WHICH WOULD BE SUBJECT TO,THE PROVISIONS OF CHAPTER 25 OF TITLE 41 (PRIVATE PERSONNEL PLACEMENT SERVICES ACT); AND TO AMEND THE 1976 CODE BY ADDING SECTION 41-25-55 SO AS TO REQUIRE A PRIVATE PERSONNEL PLACEMENT SERVICE TO STATE IN ITS ADVERTISING WHETHER IT GUARANTEES AN APPLICANT A JOB PLACEMENT OR NOT. Referred to Committee on Labor, Commerce and Industry. H. 4164 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 27-3-40 AND 27-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIABILITY OF LANDOWNERS WHO PERMIT THE USE OF PROPERTY FOR RECREATIONAL PURPOSES, SO AS TO LIMIT THE LIABILITY WHETHER OR NOT THERE IS A CHARGE FOR THE USE. Referred to Committee on Judiciary. H. 4165 -- Rep. Aydlette: A BILL TO CREATE A COMMITTEE TO STUDY THE SPECIAL NEEDS FOR LEARNING DISABLED AND HANDICAPPED CHILDREN. Referred to Committee on Education and Public Works. H. 4166 -- Reps. J. Bradley and Day: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO PROVIDE THAT FOREIGN INSURANCE COMPANIES REINSURING CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE LICENSE FEES; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO PROVIDE THAT PREMIUMS RECEIVED ON REINSURANCE BY FOREIGN INSURANCE COMPANIES ON CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE PREMIUM TAXES; AND TO AMEND SECTION 38-25-150, RELATING TO EXEMPTIONS FROM PROVISIONS RELATING TO THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS; SECTION 38-63-640, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING LIFE INSURANCE POLICIES, SECTION 38-69-220, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ANNUITIES; AND SECTION 38-71-100, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ACCIDENT AND HEALTH INSURANCE: SO AS TO DELETE THE EXEMPTIONS PERTAINING TO REINSURANCE OF CERTAIN INDIVIDUAL POLICIES OR CONTRACTS. Referred to Committee on Labor, Commerce and Industry. H. 4167 -- Reps. Williams, Helmly and Koon: A BILL TO AMEND SECTION 50-11-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FOXES IN GAME ZONE NO. 6, SO AS TO PROVIDE FOR THE RUNNING OF FOXES WITH DOGS IN A PRIVATE ENCLOSED TRAINING FACILITY. Referred to Committee on Agriculture and Natural Resources. H. 4168 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 12-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX EXEMPTION OF CERTAIN ARTICLES SOLD TO THE UNITED STATES FOR MILITARY USE, AND TO AMEND SECTION 61-9-1270, RELATING TO THE SALE OF BEER AND WINE TO MILITARY ESTABLISHMENTS AND TAX EXEMPTIONS FOR THE SALE, SO AS TO CLARIFY WHEN THE EXEMPTIONS APPLY. Referred to Committee on Ways and Means. H. 4169 -- Rep. Felder: A BILL TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89. Without reference. H. 4170 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 29 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION BY ADDING SECTION 38-29-55 SO AS TO PROVIDE THAT HEALTH MAINTENANCE ORGANIZATIONS SHALL BECOME MEMBERS OF THE ASSOCIATION ON JULY 1, 1988, UNDER THOSE TERMS AND CONDITIONS AND WITH THOSE ASSESSMENTS AS THE CHIEF INSURANCE COMMISSIONER PRESCRIBES. Referred to Committee on Labor, Commerce and Industry. H. 4171 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PASSENGER PHYSICAL DAMAGE INSURANCE COVERAGE BY DELETING PROVISIONS WHICH PERMIT AUTOMOBILE INSURERS TO REFUSE TO WRITE THIS COVERAGE AND PERMIT INSURERS TO CHARGE CERTAIN HIGHER RATES FOR THIS COVERAGE. Referred to Committee on Labor, Commerce and Industry. H. 4172 -- Reps. Edwards, Felder and Winstead: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT SYSTEMS, BY ADDING CHAPTER 19 SO AS TO PROVIDE FOR AN OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION. Referred to Committee on Ways and Means. H. 4173 -- Rep. Fair: A BILL TO AMEND SECTION 12-21-2710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED COIN-OPERATED MACHINES AND DEVICES PERTAINING TO GAMES OF CHANCE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS. Referred to Committee on Judiciary. H. 4174 -- Reps. Pettigrew, Baxley, Haskins and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-746 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF ANY PERSON UNDER THE AGE OF EIGHTEEN CONVICTED OF NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES OR ADJUDICATED DELINQUENT ON A PETITION ALLEGING FACTS CONSTITUTING VIOLATIONS OF NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES UNTIL THE PERSON'S EIGHTEENTH BIRTHDAY, TO PROVIDE THAT SUCH PERSONS WHO AT THE TIME OF CONVICTION OR ADJUDICATION ARE NOT LICENSED, ARE NOT ELIGIBLE TO APPLY FOR A DRIVER'S LICENSE UNTIL THEIR EIGHTEENTH BIRTHDAY, AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-53-671 SO AS TO REQUIRE THE CLERK OF ANY COURT IN WHICH CONVICTIONS OR DELINQUENCY ADJUDICATIONS ARE OBTAINED FOR VIOLATIONS OF NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES TO REPORT THE CONVICTION OR ADJUDICATION OF ANY PERSON UNDER EIGHTEEN YEARS OF AGE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. Referred to Committee on Judiciary. H. 4175 -- Rep. Pearce: A BILL TO AMEND SECTIONS 49-1-50, 50-23-10, 50-23-30, 50-23-60, 50-23-120, 50-23- 170, 50-23-200, 50-23-205, 50-23-270, AND 50-23-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE BOATS AND OTHER WATERCRAFT FROM PROVISIONS REGULATING MATERIALS FOUND DRIFTING, TO CHANGE THE DEFINITION OF "VESSEL", REDEFINE "DEALER", AND TO DEFINE "MARINE DEALER'' AND "MARINA", TO EXEMPT COMMERCIAL BARGES AND WATERCRAFT PROPELLED EXCLUSIVELY BY HUMAN POWER OR WITH OARS, PADDLES, OR SIMILAR DEVICES FROM TITLING REQUIREMENTS, TO CHANGE PROCEDURES FOR APPLYING FOR A TITLE CERTIFICATE SO AS TO PROVIDE FOR APPLICATION FOR DUPLICATE CERTIFICATES, TO DEFINE "HOMEMADE WATERCRAFT OR OUTBOARD MOTOR", TO PROVIDE THAT IT IS UNLAWFUL TO DEAL WITH A WATERCRAFT OR OUTBOARD MOTOR BY A PERSON WHO HAS REASON TO BELIEVE IT IS STOLEN, TO PROVIDE FOR DISPOSAL OF STOLEN, ABANDONED, JUNKED, ADRIFT, DESTROYED, OR SALVAGED WATERCRAFT OR OUTBOARD MOTORS, AND TO INCREASE PENALTIES FOR VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-23-135, 50-23-185, AND 50-23-275 SO AS TO PROVIDE FOR TITLING ABANDONED, JUNKED, ADRIFT, AND SALVAGED WATERCRAFT OR OUTBOARD MOTORS AND FOR THE INSPECTION OF FACILITIES INVOLVED WITH WATERCRAFT AND OUTBOARD MOTORS. Referred to Committee on Agriculture and Natural Resources. H. 4176 -- Rep. Pearce: A BILL TO AMEND SECTIONS 50-13-210 AND 50-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL LIMITS, SO AS TO PROVIDE THAT NO MORE THAN FIVE STRIPED BASS OR ROCKFISH MAY BE TAKEN ON ANY ONE DAY FROM SPECIFIED WATERS AND THAT THE NUMBER TAKEN MUST BE CONSIDERED IN THE LAWFUL TOTAL OF A COMBINATION OF GAME FISH. Referred to Committee on Agriculture and Natural Resources. H. 4177 -- Rep. Pearce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-75 SO AS TO DEFINE THE POWERS AND DUTIES OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT. Referred to Committee on Agriculture and Natural Resources. H. 4178 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT THE STATE AUDITOR UNTIL JUNE 30, 1988, FROM THE PROVISIONS OF PARAGRAPH 129.22 OF PART I OF ACT 170 OF 1987, RELATING TO EMPLOYER CONTRIBUTION COSTS. Referred to Committee on Ways and Means.
Rep. J. BRADLEY moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill, which was agreed to. H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.
Rep. J. BRADLEY moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill, which was agreed to. H. 3401 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT WHEN AN INDIVIDUAL LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF THE INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT SHALL INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THE INSURED UNTIL THE DATE THE CLAIM IS PAID; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Edwards Faber Fair Ferguson Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Jones Kay Keyserling Kirsh Klapman Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Stoddard Sturkie Taylor Thrailkill Townsend Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 14, 1988.
Alva Humphries James W. Johnson, Jr. Paul Short Donna Moss Denny W. Neilson Larry Gentry William D. Boan Dave C. Waldrop, Jr. Paul M. Burch John Snow Paul Derrick Roland S. Corning Joseph McElveen Crosby Lewis Dick Elliott Robert A. Kohn STATEMENTS OF ATTENDANCE Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Sessions on Tuesday, March 29, 1988, and Wednesday, March 30, 1988. Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 7, 1988. Reps. LOCKEMY and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, April 13, 1988.
The SPEAKER granted Rep. TUCKER a leave of absence for the day.
Announcement was made that Dr. G.B. Hodge of Spartanburg is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate. H. 4131 -- Reps. Blanding, E.B. McLeod, G. Brown, Baxley and McElveen: A BILL TO AMEND ACT 149 OF 1965, CREATING THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT. H. 3878 - - Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO as TO PROHIBIT THE SHOOTING OF WILD TURKEYS FROM A VEHICLE ON A PUBLIC ROAD. H. 3879 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE TAGGING AND BAGGING OF ANY WILD TURKEY KILLED AND FOR THE DAILY BAG LIMIT. H. 3842 -- Reps. Rudnick and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321, SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS. H. 3779 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE TO THE DEPARTMENT OF YOUTH SERVICES AND THE REFERENCE TO FELONY TO VIOLENT CRIME. H. 3772 -- Reps. Winstead, Aydlette, Felder, J. Bradley and Derrick: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO PROVIDE THAT ONE ADDITIONAL DOOR, NOT AT THE FRONT OF THE STORE, IS ALLOWED AT THE DISCRETION OF THE RETAIL DEALER. H. 3837 -- Reps. McEachin, McKay, Nettles, Gilbert and J.W. McLeod: A BILL TO AMEND SECTION 29-3-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTRY OF MORTGAGE SATISFACTIONS UPON THE MORTGAGE INDEXES BY THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT, SO AS TO PROVIDE THAT IN LIEU OF THE REQUIREMENT THAT THE WORD "CANCELED" TOGETHER WITH THE SIGNATURE OF THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT BE ENTERED IN THE INDEXES, THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT MAY,INSERT AN APPROPRIATE COLUMN ON THE SAME PAGE IN THESE INDEXES SHOWING THE BOOK AND PAGE NUMBER, IF ANY, OF THE SATISFACTION OR CANCELLATION. H. 3988 -- Reps. Clyborne, Haskins and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-7-175 SO AS TO AUTHORIZE THE ISSUANCE OF A SUBPOENA DUCES TECUM BY A CORONER IN DEATH INVESTIGATIONS, AND TO PROVIDE CONTEMPT PENALTIES FOR VIOLATION. H. 3482 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS AND PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-310 SO AS TO PROVIDE THAT THESE DISTRICTS, NOT OTHERWISE EMPOWERED TO CONDEMN BY LAW, ARE GRANTED THE POWER OF EMINENT DOMAIN AND FOR THIS PURPOSE ARE CONSIDERED TO BE "CONDEMNORS" WITHIN THE MEANING OF THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT. H. 3816 -- Rep. Wilkins: A BILL TO AMEND SECTION 23-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME, AND DELINQUENCY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE APPOINTMENT PROCESS TO AND SUPPORT STAFF OF THE COMMITTEE; TO AMEND SECTION 23-4-120, RELATING TO THE DUTIES OF THIS COMMITTEE, SO AS TO REVISE THESE DUTIES; TO AMEND SECTION 23-4-130, RELATING TO THE REPORTS OF THIS COMMITTEE, SO AS TO REVISE ITS REPORTING REQUIREMENTS; AND TO AMEND SECTION 23-4-140, RELATING TO MEETINGS, QUORUMS, AND PROXIES OF THE COMMITTEE, SO AS TO REVISE HOW MEMBERS MAY BE REPRESENTED BY PROXY AT MEETINGS OF THE COMMITTEE. H. 3764 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTIONS 38-39-20 AND 38-39-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE BUSINESS SO AS TO INCREASE THE LICENSE FEE FOR A PERSON ENGAGING IN THE INSURANCE PREMIUM SERVICE BUSINESS FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO PROVIDE NET WORTH REQUIREMENTS OF ONE HUNDRED THOUSAND DOLLARS OF LICENSEES AND TO ALLOW PRESENT LICENSEES FIVE YEARS TO INCREASE THEIR NET WORTH TO ONE HUNDRED THOUSAND DOLLARS UPON POSTING A FIDELITY BOND OR PROVING FINANCIAL RESPONSIBILITY OF FIFTY THOUSAND DOLLARS. H. 3669 -- Reps. Sharpe, Huff and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 52-7-145, 52-7-75, AND 52-7-160 SO AS TO EXEMPT MEMBERS OF THE STATE ATHLETIC COMMISSION, ITS COMMITTEES, OFFICIALS, REFEREES, INSPECTORS, AGENTS, AND EMPLOYEES FROM LIABILITY FOR ACTS PERFORMED IN THE COURSE OF OFFICIAL DUTIES, OR FOR THE HEALTH AND SAFETY OF PARTICIPANTS AND SPECTATORS, TO PROVIDE FOR THE DENIAL OR APPROVAL OF PERMITS FOR THE HOLDING OF EVENTS WHEN THE APPLICATIONS ARE LATE, AND TO PROVIDE THAT STATE-OWNED BUILDINGS MAY BE USED FOR ATHLETIC EVENTS WHEN THE EVENTS ARE HELD UNDER THE JURISDICTION OF NATIONALLY-RECOGNIZED ORGANIZATIONS OR APPROVED BY THEM AND THE STATE ATHLETIC COMMISSION. H. 3820 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-205 SO AS TO ALLOW INSURANCE AGENTS CONDITIONALLY TO SPLIT A COMMISSION ON THE COOPERATIVE SALE OF A POLICY OF INSURANCE EVEN THOUGH ONLY ONE OF THE AGENTS WAS LICENSED FOR THE INSURER WHOSE POLICY OF INSURANCE WAS THE POLICY SOLD. H. 4069 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 938, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 4070 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AUTOMOBILE INSURANCE CREDIT AND DISCOUNT PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 4071 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CARRIERS AND THE INSURANCE OR BOND REQUIRED OF CERTIFICATE HOLDERS GENERALLY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL, IN THE GRANTING OF A CERTIFICATE, REQUIRE THE APPLICANT TO PROCURE AND FILE EITHER LIABILITY AND PROPERTY DAMAGE INSURANCE, A SURETY BOND, OR A CERTIFICATE OF SELF-INSURANCE, RATHER THAN LIABILITY AND PROPERTY DAMAGE INSURANCE OR A SURETY BOND ONLY, AND TO PROVIDE THAT THE POLICY OF INSURANCE, THE SURETY BOND, OR THE CERTIFICATE OF SELF-INSURANCE MUST CONTAIN SUCH CONDITIONS, PROVISIONS, AND LIMITATIONS AS THE COMMISSION MAY PRESCRIBE. H. 3895 -- Reps. Wilkins, H. Brown, McElveen, Baxley, Huff, Corning, Rudnick, Clyborne, Haskins, Arthur, Gentry, Tucker, Hendricks, Short and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-49-680 SO AS TO PROVIDE FOR INDEMNIFICATION IN CIVIL AND CRIMINAL ACTIONS AGAINST EXPENSES AND OTHER PAYMENTS BY OFFICERS, TRUSTEES, EMPLOYEES, OR AGENTS OF RURAL ELECTRIC COOPERATIVES.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments. S. 1178 -- Finance Committee: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS. S. 236 -- Senators Applegate, Drummond, Giese, Hinson, Macaulay, Pope, Shealy, Thomas E. Smith, Jr., Thomas and Wilson: A BILL TO AMEND SECTION 36-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THIS APPLICATION; TO AMEND SECTION 36-1-201, RELATING TO DEFINITIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITIONS OF "BUYER IN ORDINARY COURSE OF BUSINESS" AND "SECURITY INTEREST"; TO AMEND SECTION 36-2-107, RELATING TO GOODS TO BE SEVERED FROM REALTY, SO AS TO PROVIDE THAT TIMBER SHALL BE TREATED AS GOODS INSTEAD OF REAL ESTATE UNDER THE SECTION; TO AMEND SECTION 36-5-116, RELATING TO TRANSFER AND ASSIGNMENT, SO AS TO INCLUDE CONTRACT RIGHTS IN THE DEFINITION OF AN ACCOUNT; TO AMEND CHAPTER 9 OF TITLE 36, RELATING TO SECURED TRANSACTIONS, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER; TO AMEND CHAPTER 10 OF TITLE 36, RELATING TO THE EFFECTIVE DATE OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE EFFECTIVE DATE OF THE INITIALLY ENACTED UNIFORM COMMERCIAL CODE; TO AMEND TITLE 36 BY ADDING CHAPTER 11 SO AS TO PROVIDE TRANSITION PROVISIONS FOR AND THE EFFECTIVE DATE OF THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED IN THIS ACT; TO AMEND SECTIONS 15-3-520, 29-3-310, 29-3-330, 29-3-340, 29-3-350, 29-3-360, 29-3-390, 29-3-400, 29-3-470, 30-5-30, 30-7-10, 30-7-60, 30-7-70, 30-7-80, 30-9-30, 30-9-40, AND 30-11-20 SO AS TO FURTHER PROVIDE FOR THESE SECTIONS IN CONJUNCTION WITH THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED HEREIN; AND TO REPEAL SECTIONS 27-23-80, 27-39-50, 27-39-260, 30-5-160, 30-5-170, 33-9-130, 56-19-640, AND 56-19-690 OF THE 1976 CODE AND SECTIONS 8-181 THROUGH 8-200, 8-211 THROUGH 8-215, 8-801 THROUGH 8-1076, 8-1081 THROUGH 8-1108, 11-103, 11-201 THROUGH 11-206, 12-17.1 THROUGH 12-17.25, 27-56.1, 27-61.1, 27-62, 27-63, 27-64, 27-64.1, 27-64.2, 27-65, 27-66.1, 45-151, 45-152, 45-158, 45-161, 45-162, 45-163, 45-164, 45-201 THROUGH 45-211, 45-401 THROUGH 45-410, 60-64.1, 60-301, 60-302, 60-302.1, 60-303, 60-304, 60-305, 60-306, 60-306.1, 60-307, 60-308, 60-309, 60-310, AND 60-311 OF THE 1962 CODE. S. 583 -- Senator Shealy: A BILL TO AMEND SECTION 14-7-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES APPLICABLE TO EXCUSED JURORS, SO AS TO REVISE THE PROCEDURE FOR PLACING AN EXCUSED JUROR ON THE PANEL OF A TERM OF COURT.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification. S. 1225 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 1226 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO FLEX EXAM AND LICENSURE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIGIBILITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 913, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 1139 -- Senators Holland, Matthews, Wilson, Moore, McLeod, Bryan and Mitchell: A BILL TO AMEND SECTION 14-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARATION OF JURY LISTS IN THE CIRCUIT COURT, SO AS TO REVISE THE PROCEDURES FOR JURY SELECTION BY INCLUDING OTHERWISE ELIGIBLE LICENSED DRIVERS AND IDENTIFICATION CARDHOLDERS AND TO MAKE THE PROVISIONS EFFECTIVE UPON RATIFICATION OF A CONSTITUTIONAL AMENDMENT PERMITTING THEM. S. 1136 -- senators Drummond and Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 TO ARTICLE 3, CHAPTER 21, TITLE 24, SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE. S. 1107 -- senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-396 SO AS TO PROVIDE THAT THE OFFICIAL SUMMONS USED BY CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY BE USED TO CITE OFFENDERS FOR VIOLATIONS OF SECTION 16-11-700 RELATING TO LITTERING. S. 1117 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-146 SO AS TO PROHIBIT THE DISCHARGE OF FIREARMS AT A PUBLIC BOAT LANDING OR RAMP AND TO PROVIDE PENALTIES. S. 969 -- Senator Lee: A BILL TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING PISTOLS, PENALTIES, DISPOSITION OF FINES, AND THE FORFEITURE AND DISPOSITION OF PISTOLS, SO AS TO ALLOW LAW ENFORCEMENT AGENCIES THAT RECEIVE CONFISCATED PISTOLS TO TRADE THEM WITH A RETAIL DEALER FOR A PISTOL OR ANY OTHER EQUIPMENT APPROVED BY THE AGENCY; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE VIOLATIONS OF ARTICLE 1, CHAPTER 23, TITLE 16 RELATING TO OFFENSES INVOLVING PISTOLS, WITH THE EXCEPTION OF SECTION 16-23-20.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, April 21, which was adopted. S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.
Rep. L. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, April 20, which was adopted. H. 2785 -- Reps. Fair, corning and Waldrop: A BILL TO AMEND ARTICLE 1 OF CHAPTER 19 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TRUSTEES AND GENERAL PROVISIONS, BY ADDING SECTION 59-19-91 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN THE STATE TO CHARGE REASONABLE MATRICULATION AND INCIDENTAL FEES, INCLUDING SCHOOL MATERIALS, SCHOOL EQUIPMENT, SCHOOL SERVICES, AND RELATED SCHOOL USER FEES, TO THE STUDENTS OF ITS DISTRICT, INCLUDING ALSO FEES OR THE USE OF BOOKS OTHER THAN BASAL TEXTBOOKS, AND TO PROVIDE THAT THE FEES OR CHARGES AUTHORIZED BY THIS SECTION ARE SUBJECT TO CERTAIN CONDITIONS, INCLUDING THE PROVISION THAT STUDENTS WHO DEMONSTRATE, OR WHOSE PARENTS OR LEGAL GUARDIANS DEMONSTRATE, A FINANCIAL INABILITY TO PAY THE FEES OR CHARGES ARE EXEMPTED FROM THE PAYMENT THEREOF; AND TO REPEAL ITEM (8) OF SECTION 59-19-90 RELATING TO THE POWER OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS WHEN ALLOWED BY ANY SPECIAL ACT OF THE GENERAL ASSEMBLY.
The following Bill was taken up. H. 3677 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION. Rep. BEASLEY explained the Bill. Reps. T. ROGERS, FABER, M.D. BURRISS, TAYLOR and McBRIDE objected to the Bill.
Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted. H. 3477 -- Reps. J. Bradley, Kohn and Mappus: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
The following Joint Resolution was taken up. H. 4072 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT PROPOSALS MAY BE MADE FOR THE GENERAL ELECTION YEARS 1990 AND 1992 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IN CERTAIN CIRCUMSTANCES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. It is proposed that Section 1 of Article XVI of the Constitution of this State be amended to read:
"Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot: "Must Section 1 of Article XVI of the Constitution be amended so as to provide that proposals may be made for the general election years 1990 and 1992 for the revision of an entire article or the addition of a new article in a single amendment with only one question being required to be voted on and to allow constitutional provisions from other articles to be changed if the provisions relate to the subject matter of the article being revised or proposed?
No [ ] Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are: Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Edwards Faber Fair Ferguson Foster Gentry Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hendricks Hodges Holt Huff Humphries Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Townsend Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted. S. 756 -- Senators Drummond and Thomas: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.
The following Bill was taken up. S. 1288 -- Senator Doar: A BILL TO AMEND SECTIONS 54-15-10 AND 54-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO DELETE THE REQUIREMENT THAT THEY BE APPOINTED IN FEBRUARY OF ODD-NUMBERED YEARS AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE PORT OF GEORGETOWN IS A MEMBER EX OFFICIO OF THE COMMISSIONERS OF PILOTAGE OF GEORGETOWN. The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2836J), which was adopted. Amend the bill, as and if amended, by striking Section 2 and inserting: /SECTION 2. Section 54-15-20 of the 1976 Code is amended to read:
"Section 54-15-20. The commissioners of pilotage of Little River
The commissioners of pilotage of Georgetown
The commissioners of pilotage of Port Royal Amend title to conform. Rep. L. MARTIN explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
Rep. M.D. BURRISS moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted. H. 3464 -- Rep. Petty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-155 SO AS TO REQUIRE EACH LICENSED AUCTIONEER TO ESTABLISH A PERSONAL PROPERTY TRUST FUND IN WHICH ALL MONIES BELONGING TO ANOTHER WHICH COME INTO HIS POSSESSION THROUGH AN AUCTION SALE MUST BE DEPOSITED.
Rep. BLANDING moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted. H. 3963 -- Reps. J.W. McLeod and R. Brown: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 58 SO AS TO REQUIRE REGISTRATION OF MORTGAGE LOAN BROKERS.
Rep. BLANDING moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted. H. 4020 -- Reps. J.W. McLeod and McEachin: A BILL TO AMEND SECTIONS 37-3-109 AND 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES UNDER THE CONSUMER PROTECTION CODE, SO AS TO EXCLUDE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS FROM THE DEFINITION OF "LOAN FINANCE CHARGE" AND TO ALLOW AS AN ADDITIONAL CHARGE IN CONNECTION WITH A CONSUMER LOAN FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS.
H. 3416--DEBATE ADJOURNED H. 3416 -- Reps. J. Bradley, J.W. McLeod, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-45 SO AS TO PROVIDE THAT NO USED MOTOR VEHICLE PARTS OR MOTOR VEHICLE PARTS OTHER THAN THOSE OF THE ORIGINAL EQUIPMENT MANUFACTURER MAY BE USED TO REPAIR A MOTOR VEHICLE AS A RESULT OF AN AUTOMOBILE ACCIDENT WHERE THE COST OF THE PROPERTY DAMAGE IS BEING PAID BY THE INSURER OF THE AT-FAULT PARTY, WITHOUT THE CONSENT OF THE OWNER OF THE VEHICLE BEING REPAIRED.
The following Bills were taken up, read the second time, and ordered to a third reading: H. 3903 -- Reps. J. Bradley, Holt and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-605 SO AS TO PROVIDE THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY IN BOLD TYPE THE FACILITY RECOUPMENT CHARGE, BY COVERAGE, AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER. S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 7- 13-830, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED. Rep. WILKINS explained the Bill. S. 1223 -- Senator Fielding: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE NUMBER OR METHOD OF ELECTION OF MEMBERS TO THE GOVERNING BODY OF A MUNICIPALITY, SO AS TO REQUIRE A PETITION BE CERTIFIED AS VALID OR REJECTED BY THE MUNICIPAL ELECTION COMMISSION WITHIN SIXTY DAYS AFTER IT HAS BEEN DELIVERED TO THE COMMISSION. Rep. WILKINS explained the Bill.
TIME TOMORROW On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 1223 be read the third time tomorrow.
The following Bill was taken up. H. 4011 -- Rep. J.W. McLeod: A BILL TO AMEND SECTION 38-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO INCREASE THE AMOUNT OF SURPLUS OVER THE AMOUNT DUE TO AN INSURED IN A RETURN OF PREMIUM WHICH IS NOT REQUIRED TO BE RETURNED FROM ONE DOLLAR TO FIVE DOLLARS. The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6414k), which was adopted. Amend the bill, as and if amended, by striking all after the enacting words and inserting: SECTION 1. Section 38-39-90(f) of the 1976 Code is amended to read:
"(f) SECTION 2. This act takes effect upon approval by the Governor. Amend title to conform. Rep. J. BRADLEY explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
TIME TOMORROW On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4011 be read the third time tomorrow.
The following Bill was taken up. H. 4029 -- Rep. J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-630 SO AS TO PROVIDE THAT AN AUTOMOBILE LIABILITY INSURANCE POLICY MAY NOT BE CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY UNLESS IT IS ACCOMPANIED BY A RENEWAL NOTICE OR A MOTOR VEHICLE REPORT ISSUED WITHIN SIXTY DAYS OF THE DATE OF THE BINDER AND THE FULL, PROPER PREMIUM. The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6415k), which was adopted. Amend the bill, as and if amended, by striking all after the enacting words and inserting: SECTION 1. The 1976 Code is amended by adding: "Section 38-77-630. A policy, other than a renewal policy, may be ceded to the-South Carolina Reinsurance Facility only when accompanied by either a renewal notice from another insurer or a motor vehicle report (MVR), issued within sixty days of the date of the binder, together with the full premium correctly reflecting the facts shown on the MVR or consistent with the premium quoted in the renewal notice. To facilitate compliance with this requirement, a carrier may require an applicant other than a renewal applicant, to obtain the MVR or a renewal notice from the insurance carrier who provided the insurance coverage then in effect and present it to the agent upon making an application. In those cases, the applicant must be credited for the amount paid for the MVR." SECTION 2. This act takes effect January 1, 1989. Amend title to conform. Rep. J. BRADLEY explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
TIME TOMORROW On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4029 be read the third time tomorrow.
The following Bill was taken up. H. 3861 -- Rep. Lewis: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF DAMAGES AGAINST CHARITABLE ORGANIZATIONS AND TO THE LIABILITY OF A HEALTH CARE PROVIDER FOR SERVICES RENDERED VOLUNTARILY AND WITHOUT COMPENSATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN ACTION AGAINST ANY CHARITABLE ORGANIZATION UNDER SECTIONS 33-55-210 THROUGH 33-55-230 CONSTITUTES A COMPLETE BAR TO ANY RECOVERY BY THE CLAIMANT, BY REASON OF THE SAME SUBJECT MATTER, AGAINST THE EMPLOYEE OF THE CHARITABLE ORGANIZATION WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE THAT NO JUDGMENT AGAINST AN EMPLOYEE OF A CHARITABLE ORGANIZATION MAY BE RETURNED UNLESS A SPECIFIC FINDING IS MADE THAT THE EMPLOYEE ACTED IN A RECKLESS, WILFUL, OR CROSSLY NEGLIGENT MANNER; AND TO REPEAL SECTION 33-55-220, RELATING TO THE PROVISION THAT THE BAR TO ANY ACTION AGAINST THE EMPLOYEE OF A CHARITABLE ORGANIZATION DOES NOT APPLY WHERE THE EMPLOYEE IS ADJUDGED TO HAVE ACTED RECKLESSLY, WANTONLY, OR WITH GROSS NEGLIGENCE. The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3040J), which was adopted. Amend the bill, as and if amended, by striking SECTION 1 and inserting: /SECTION 1. Section 33-55-210 of the 1976 Code, as last amended by an act of 1988 bearing ratification number R. 429, is further amended to read:
"Section 33-55-210. (A) Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in any action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars.
(B) No licensed health care provider, as defined in Section 38-79-410, who renders medical services voluntarily and without compensation Amend title to conform. Rep. WILKINS explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
TIME TOMORROW On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3861 be read the third time tomorrow.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted. S. 745 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-125 SO AS TO PROVIDE FOR WRITTEN NOTIFICATION OF REGISTRATION TO VOTE; AND TO AMEND SECTION 7-13-710, RELATING TO PROOF OF THE RIGHT TO VOTE AND THE POLL LIST, SO AS TO REVISE THE VOTER IDENTIFICATION REQUIREMENTS BY PROVIDING FOR PROOF BY WRITTEN REGISTRATION NOTIFICATION.
The following Bill was taken up. H. 3999 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO POSSESS A WEAPON, SO AS TO PROVIDE FOR THE ISSUANCE TO CIRCUIT AND FAMILY COURT JUDGES. Rep. J. ROGERS proposed the following Amendment No. 1 (Doc. No. 3265J). Amend the bill, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. Section 23-31-120 of the 1976 Code is amended by adding: "(d) The South Carolina Law Enforcement Division shall issue a permit to any circuit or family court judge, and the provisions of subsections (b) and (c) do not apply to the issuance, with the exception of the provisions of subsection (c) relating to the bond, all of which are applicable to the issuance." SECTION 2. Section 23-31-120(c) of the 1976 Code is amended to read:
"(c) All persons issued permits by the State Law Enforcement Division pursuant to subsection (a) and subsection (d) of this section shall obtain and file with the Secretary of State, as a prerequisite to issuance of SECTION 3. This act takes effect upon approval by the Governor./ Amend title to conform. Rep. J. ROGERS explained the amendment. Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. J. ROGERS having the floor.
Rep. T. ROGERS moved that the House recur to the mourning hour, which was not agreed to.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources. Rep. TAYLOR objected.
Rep. STURKIE, with unanimous consent, withdrew his objection to the following Bill. S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PACE OVER FOUR PACES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
AND BILL ENROLLED The Senate Amendments to the following Bill were taken up for consideration. H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS. Rep. J. BRADLEY explained the Senate Amendments. 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.
AND BILL ENROLLED The Senate Amendments to the following Bill were taken up for consideration. H. 3401 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT WHEN AN INDIVIDUAL LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF THE INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT SHALL INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THE INSURED UNTIL THE DATE THE CLAIM IS PAID; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES. Rep. J. BRADLEY explained the Senate Amendments. 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.
Rep. KLAPMAN moved that the House recur to the morning hour, which was agreed to.
Rep. AYDLETTE, from the Charleston Delegation, submitted a favorable report, on: H. 3817 -- Reps. Foxworth, Aydlette, Winstead, Whipper, D. Martin, Washington, Mappus, Kohn and J. Bradley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO DELETE THE PROVISION PROVIDING FOR THE NOMINATION OF CONSTITUENT TRUSTEES BY PETITION. Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on: H. 4119 -- Rep. Edwards: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PURSUE AGGRESSIVELY A CONTINUATION OF THE THIRTY-FIVE THOUSAND, TWO HUNDRED POUNDS TANDEM AXLE LIMIT FOR TRUCK OPERATORS THROUGH NEGOTIATION WITH THE FEDERAL HIGHWAY COMMISSION.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration. H. 4119 -- Rep. Edwards: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PURSUE AGGRESSIVELY A CONTINUATION OF THE THIRTY-FIVE THOUSAND, TWO HUNDRED POUNDS TANDEM AXLE LIMIT FOR TRUCK OPERATORS THROUGH NEGOTIATION WITH THE FEDERAL HIGHWAY COMMISSION. Whereas, since 1948 trucks have lawfully operated in this State with a tandem axle weight limitation of thirty-five thousand, two hundred pounds with no attempt by the General Assembly to lower the limit; and Whereas, the Federal Highway Administration in 1975 issued a letter advising South Carolina that its thirty-five thousand, two hundred pounds tandem axle weight allowance was grandfathered under federal law on the interstate highway system and that the tandem was allowed to eighty thousand pounds gross vehicle weight and the Surface Transportation Assistance Act of 1982 contained language allowing a state to continue to operate under its weight limits in effect on the effective date of the STAA of 1982, which in the opinion of our Attorney General were in effect in 1956 and which the General Assembly has not changed since that date; and Whereas, in response to the Federal Highway Administration attempt to roll back South Carolina's, tandem limit, a law suit was settled with a five-year moratorium to allow the thirty-five thousand, two hundred pound limit until September 1, 1988, but since that time several states, including our sister state of North Carolina, have been granted continued use of their grandfathered tandem limits with approval by the Federal Highway Administration; and Whereas, a loss of one thousand, two hundred pounds on the tandem axle may cause the operator to shift weight to the front axle to avoid penalties, and the reduction of weight from thirty-five thousand, two hundred pounds to thirty-four thousand pounds may create serious equipment problems, inflict economic hardships on all truck operators, and inevitably lead to higher transportation costs because of the impracticability of attempting to enforce varying tandem limits on the interstate highway system; and Whereas, Act 405 of 1986 included language instructing the South Carolina Department of Highways and Public Transportation to pursue continuation of the thirty-five thousand, two hundred pounds tandem beyond the expiration date of the moratorium. Now, therefore, Be it resolved by the House of Representatives, the Senate concurring: That the General Assembly directs the South Carolina Department of Highways and Public Transportation to pursue aggressively a continuation of the thirty-five thousand, two hundred pounds tandem axle limit through negotiations with the Federal Highway Administration in order that it may be aware of this assembly's concerns over this issue. Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation and to the Federal Highway Administration. The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees: H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF AD VALOREM TAXES ON MOTOR VEHICLES, SO AS TO AUTHORIZE THE TREASURER TO ISSUE PROOF OF PAYMENT BY MEANS OTHER THAN A RECEIPT WITH THE APPROVAL OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. Referred to Committee on Ways and Means. H. 4180 -- Reps. Haskins and J. Bradley: A BILL TO PROVIDE THAT STUDENT TEACHING EXPERIENCE IN A PRIVATE SCHOOL SETTING MEETS THE TEACHER EDUCATION PROGRAM REQUIREMENTS OF THE SOUTH CAROLINA STATE BOARD OF EDUCATION IF, ON AN ANNUAL BASIS, ASSIGNMENT FOR THE STUDENT TEACHING EXPERIENCE REQUIREMENT BY AN INSTITUTION IS PREDOMINANTLY IN THE PUBLIC SCHOOL SETTING. Rep. HASKINS asked unanimous consent to have the Bill placed on the Calendar without reference. Rep. TOWNSEND objected. Referred to Committee on Education and Public Works. H. 4181 -- Reps. Kirsh, McLellan, Klapman, Blackwell, Sheheen, P. Harris, Holt, Edwards, Day, Carnell, Keyserling and Mattos: A BILL TO AMEND SECTIONS 2-3-30, 2-3-60, 2-3-100, 2-3-170, 10-1-40, 51-1-75, 59-20-50, 59-63-720, AND 59-65-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, PUBLIC BUILDINGS AND PROPERTY, PARKS, RECREATION AND TOURISM, AND EDUCATION, SO AS TO PROVIDE FOR SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE GENERAL ASSEMBLY AND LIEUTENANT GOVERNOR, TO PROVIDE FOR APPROVAL OF THE PURCHASE OF SUPPLIES FOR THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE ADDITIONAL DUTIES FOR THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY, TO PROVIDE FOR REIMBURSEMENT OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO REVISE THE DUTIES OF THE STATE HOUSE COMMITTEE, TO DEFINE THE RESPONSIBILITIES OF THE JOINT COMMITTEE ON TOURISM AND TRADE, TO PROHIBIT RECEIPT OF HOLD HARMLESS FUNDS BY ADDITIONAL SCHOOL DISTRICTS, AND TO PROVIDE FOR APPROPRIATIONS FOR SCHOOL LUNCH SUPERVISORS AND THE DIVISION OF SCHOOL LUNCH PROGRAM AID APPROPRIATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-1-190, 2-3-35, 2-3-55, 2-3-73, 2-3-77, 2-3-85, 2-3-135, 2-3-152, 2-3-155, 2-3-175, 2-3-240, 2-3-250, 2-3-260, 2-3-280, 2-3-290, 2-7-63, 2-11-100, 8-11-75, 11-11-140, 38-73-725, 43-31-160, 46-7-100, 50-1-155, 51-1-100, 51-1-110, 51-1-120, 51-1-130, 51-1-140, 59-20-90, 59-20-100, 59-20-110, 59-21-125, 59-21-135, 59-21-410, 59-21-415, 59-21-435, 59-21-445, 59-25-70, 59-25-80, 59-31-420, 59-47-95, 59-47-97, 59-47-120, 59-51-60, 59-103-160, 59-103-170, 60-11-110, 60-11-120, 60-13-60, AND 60-15-100 SO AS TO PROVIDE FOR FUNDING OF THE DUES TO THE COUNCIL OF STATE GOVERNMENTS AND THE NATIONAL CONFERENCE OF STATE LEGISLATURES, TO PROVIDE FOR SUBSISTENCE EXPENSE PAYMENTS TO THE MEMBERS OF THE GENERAL ASSEMBLY SERVING ON JOINT STUDY COMMITTEES AND TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR, SO AS TO DETAIL THE CIRCUMSTANCES UNDER WHICH SUBSISTENCE IS ALLOWED, TO PROVIDE FOR INSTALLATION OF TELEPHONE SERVICE IN THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR THE PREPARATION OF EXPENSE AND COMPENSATION VOUCHERS OF GENERAL ASSEMBLY COMMITTEES AND FOR THE APPROVAL OF SENATE PAYROLL AND DISBURSEMENT VOUCHERS AND INTERDEPARTMENTAL TRANSFERS, TO PROVIDE FOR THE MANAGEMENT OF THE LEGISLATIVE INFORMATION SYSTEMS, TO PROVIDE THAT THE CLERK OF THE HOUSE OF REPRESENTATIVES IS REQUIRED TO SEND ONLY ONE COPY OF EACH ACT TO THE COUNTY CLERKS OF COURT, TO PROVIDE FOR APPOINTMENTS OF THE DIRECTORS OF RESEARCH FOR THE HOUSE OF REPRESENTATIVES AND THEIR TITLES, TO PROVIDE FOR THE PAYMENT OF THE SALARIES OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR PAYMENT OF TEMPORARY CLERICAL HELP FOR THE SENATE FINANCE AND JUDICIARY COMMITTEES, PRESIDENT OF THE SENATE, HOUSE OF REPRESENTATIVES WAYS AND MEANS AND JUDICIARY COMMITTEES, SPEAKER OF THE HOUSE, CLERKS OF THE SENATE AND HOUSE, AND LEGISLATIVE COUNCIL, TO PROVIDE THAT NO PER DIEM MAY BE PAID TO ANY LEGISLATIVE OFFICIAL OR EMPLOYEE FROM MORE THAN ONE SOURCE FOR ANY ONE DAY, TO PROVIDE FOR PICTURES TO BE MADE OF THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR AUDITING OF APPROVED ACCOUNTS OF THE SENATE, HOUSE OF REPRESENTATIVES, SPECIAL SERVICES FOR THE SENATE AND HOUSE, LEGISLATIVE COUNCIL, AND JOINT LEGISLATIVE COMMITTEES AND PROVIDE FOR THE FUNDING AND OPERATION OF THE COMMITTEES, TO PROVIDE FOR THE SENATE STANDING COMMITTEES TO CONTRACT FOR NECESSARY PROJECTS, PROGRAMS, AND SERVICES, TO PROVIDE FOR THE BENEFITS AND COMPENSATION FOR THE NURSES WHO PROVIDE SPECIAL SERVICES TO THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR EACH COMMITTEE OF THE SENATE AND HOUSE OF REPRESENTATIVES AND EACH JOINT LEGISLATIVE COMMITTEE TO PROVIDE A LIST TO THE GENERAL ASSEMBLY OF ALL EMPLOYEES WHO HOLD DUAL POSITIONS OF STATE EMPLOYMENT, TO REQUIRE AN AUDIT OF JOINT LEGISLATIVE COMMITTEE APPROPRIATIONS, TO PROVIDE FOR LEGISLATIVE COUNCIL RESEARCH EMPLOYEES TO BE AVAILABLE TO WORK WITH SENATE AND HOUSE OF REPRESENTATIVE COMMITTEES, TO PROVIDE FOR PAYROLL DEDUCTIONS FOR PARKING FEES, TO PROVIDE FOR THE DESIGNATION AND SALARIES OF LEGISLATIVE EMPLOYEES PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE FUNDS FOR THE OPERATION OF THE STATE RATING AND STATISTICAL DIVISION OF THE INSURANCE DEPARTMENT, TO PROVIDE THAT REVENUES FROM PRODUCTION BY TRAINEES AT VOCATIONAL REHABILITATION FACILITIES MAY BE USED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO REQUIRE CLEMSON UNIVERSITY, REGULATORY AND PUBLIC SERVICE DIVISION, TO REMIT REVENUES TO THE GENERAL FUND OF THE STATE, TO PROVIDE FOR USE OF THE GAME PROTECTION FUND, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM WHEN EXPENDING APPROPRIATIONS FOR A CANADIAN PROMOTION SHALL DESIGNATE ONE DAY OF THE PROMOTION AS "CANADIAN DAY" AND TO PROVIDE THAT ALL CANADIANS ARE ALLOWED ADMITTANCE TO STATE PARKS AND USE OF PARK CAMPING FACILITIES ON CANADIAN DAY FREE OF CHARGE, TO PROVIDE THAT FUNDING OF REGIONAL TOURISM PROMOTION COMMITTEES IS CONTINGENT UPON AT LEAST A TWENTY-FIVE PERCENT MATCH FROM LOCAL SOURCES, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO ESTABLISH A SCHOLARSHIP PROGRAM WITH CLEMSON UNIVERSITY TO ASSIST STUDENTS IN THE SCHOOL OF PARKS, RECREATION AND TOURISM MANAGEMENT, TO PROVIDE THAT ANY MONIES DERIVED FROM THE GIFT/SOUVENIR SHOP AT THE BOYLSTON HOUSE MUST BE USED FOR ITS CONTINUING OPERATION, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO CHARGE A FEE TO COMMERCIAL CONCERNS FOR THE COST OF VACATION GUIDES, RESEARCH REPORTS, AND MAILING LISTS AND TO PROVIDE FOR THE MANNER IN WHICH THESE FEES ARE DISTRIBUTED AND USED, TO PROVIDE FOR DISBURSEMENT OF EDUCATION FUNDS TO THE DEPARTMENT OF YOUTH SERVICES, TO FUND THE PALMETTO UNIFIED SCHOOL DISTRICT, TO PROVIDE THAT SPECIFIC APPROPRIATIONS MUST INCLUDE LOCAL FINANCIAL SUPPORT FOR EDUCATION, TO PROVIDE FOR THE USE OF DIRECT AID TO SCHOOL DISTRICTS' APPROPRIATIONS, TO PROVIDE FOR ADJUSTMENTS IN SCHOOL, DISTRICT ENTITLEMENTS FOR WEIGHTED PUPIL UNITS, TO PROVIDE FOR REDUCTION OF SCHOOL BUILDING AID DURING REVENUE SHORTFALLS, TO EXEMPT VOCATIONAL EDUCATION FACILITIES AND EQUIPMENT FROM PURCHASE OR CONSTRUCTION CONTRACTS, TO PROVIDE THAT SCHOOL BUILDING AID APPROPRIATIONS MUST BE HELD IN TRUST UNTIL USED AS PROVIDED BY SECTION 59-21-350, TO EXEMPT TEACHERS IN YOUTH SERVICES, CORRECTIONS, AND DEAF AND BLIND SCHOOLS FROM HUMAN RESOURCE MANAGEMENT CLASSIFICATION, TO REQUIRE MAINTENANCE OF TEACHER LOCAL SALARY SUPPLEMENTS, TO PROVIDE FOR UPKEEP OF USED TEXTBOOKS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE TUITION, ROOM AND BOARD, AND OTHER FEES TO STUDENTS ACCEPTED INTO THE ADULT VOCATIONAL PROGRAM, AND TO PROVIDE THAT THESE FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE FEES FOR HOUSING OF HEARING IMPAIRED ADULTS WHO RECEIVE VOCATIONAL EDUCATION SERVICES BY THE VOCATIONAL REHABILITATION FACILITY ON THE SCHOOL'S CAMPUS, AND TO PROVIDE. THAT FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS AND THAT SUCH REVENUE MUST BE RETAINED BY THE SCHOOL TO OFFSET CERTAIN ADDITIONAL OPERATING COSTS, TO AUTHORIZE SCHOOL BUSES OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO TRAVEL AT SPEEDS UP TO FIFTY-FIVE MILES AN HOUR, NOT TO EXCEED THE POSTED LIMIT, AND TO PROVIDE THAT NO FUNDS APPROPRIATED FOR EQUIPMENT MAY BE USED FOR THE PURCHASE OF GOVERNORS FOR SCHOOL BUSES OF THE SCHOOL, TO REQUIRE THE WIL LOU GRAY OPPORTUNITY SCHOOL TO PROVIDE EDUCATION SERVICES FOR TRUANT STUDENTS, TO REQUIRE NOTICE OF FEE RAISES BY STATE-SUPPORTED COLLEGES AND UNIVERSITIES, TO REQUIRE APPROVAL OF DISPOSAL OF LOCAL HIGHER EDUCATION REAL PROPERTY, TO PROVIDE FOR GIFTS BY THE STATE MUSEUM COMMISSION TO EDUCATIONAL INSTITUTIONS, TO AUTHORIZE THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO SUPPLY ONE FREE COPY OF EACH NEW PUBLICATION TO CERTAIN LIBRARIES AND PERSONS, TO PROVIDE THAT THE FUNDS EARNED FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR ADMINISTERING THE NATIONAL HISTORIC PRESERVATION PROGRAM IN THIS STATE, WITH THE EXCEPTION OF CERTAIN MONIES, MUST BE DEPOSITED IN A SPECIAL ACCOUNT IN THE STATE TREASURY, TO BE USED BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR A HISTORIC PRESERVATION GRANTS PROGRAM, AND TO PROVIDE FOR THE USE BY THE SOUTH CAROLINA ARTS COMMISSION OF REVENUES DERIVED FROM ARTS EVENTS AND BALANCES AT END OF THE FISCAL YEAR. Referred to Committee on Ways and Means. H. 4182 -- Reps. Hearn, T. Rogers, Humphries, J. Bradley, M.D. Burriss, Foxworth, Wilkins, Winstead and Dangerfield: A BILL TO AMEND SECTION 12-35-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USE TAX, SO AS TO EXEMPT FROM THE TAX TANGIBLE PERSONAL PROPERTY AND EXHIBITION RENTALS PURCHASED FROM SOURCES OUTSIDE THIS STATE BY CHARITABLE, ELEEMOSYNARY, OR GOVERNMENTAL ORGANIZATIONS OPERATING MUSEUMS IF THE PROPERTY PURCHASED OR LEASES ENTERED INTO ARE DIRECTLY RELATED TO MUSEUM PURPOSES. Referred to Committee on Ways and Means. H. 4183 -- Rep. Moss: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED PROPERTY IN REGARD TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO RAISE THE AMOUNT OF ANY CASH SEIZED AND FORFEITED WHICH REMAINS THE PROPERTY OF THE LAW ENFORCEMENT AGENCY WHICH EFFECTED THE SEIZURE. Referred to Committee on Judiciary. H. 4184 -- Rep. K. Bailey: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ORANGEBURG SCHOOL DISTRICT NO. 2 TO ISSUE NOT MORE THAN ONE MILLION, SIX HUNDRED THOUSAND DOLLARS OF GENERAL OBLIGATION BONDS OF THE DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THEIR PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS. On motion of Rep. K. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference. H. 4185 -- Reps. Koon and Rhoad: A BILL TO AMEND SECTION 50-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COYOTES SO AS TO PROVIDE THAT NEUTERED OR SPAYED COYOTES MAY BE BROUGHT INTO THE STATE IF PERMITTED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND TO REGULATE THE CONTROL OF COYOTES. Referred to Committee on Agriculture and Natural Resources.
TWO SUCCESSIVE LEGISLATIVE DAYS On motion of Rep. K. BAILEY, with unanimous consent, it was ordered that H. 4184 be read the second and third times the next two successive legislative days.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1. H. 3999 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO POSSESS A WEAPON, SO AS TO PROVIDE FOR THE ISSUANCE TO CIRCUIT AND FAMILY COURT JUDGES. Rep. J. ROGERS moved to adjourn debate upon the Bill until Tuesday, April 19, which was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading: H. 4004 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF FAMILY COURT HEARINGS INVOLVING CHILDREN, SO AS TO PROVIDE FOR THE HEARINGS TO BE CONDUCTED IN A FORMAL INSTEAD OF INFORMAL MANNER AND DELETE THE PROVISION REQUIRING A TRANSCRIPT OF THE HEARINGS IF THE COURT ORDERS IT. Rep. WILKINS explained the Bill. H. 4005 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND REMOVAL PROCEEDINGS, SO AS TO LENGTHEN THE TIME WITHIN WHICH A HEARING MUST BE HELD ON A REMOVAL PETITION FROM THIRTY TO FORTY DAYS OF THE DATE THE PETITION IS RECEIVED. H. 4009 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 14-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK OF THE COURT OF COMMON PLEAS SERVING AS CLERK OF ALL COURTS OF RECORD, SO AS TO INCLUDE THE FAMILY COURT. H. 3985 -- Reps. Dangerfield, Whipper, Aydlette, Washington, Mappus, J. Bradley, Holt, Foxworth, Winstead, D. Martin and Kohn: A BILL TO AMEND SECTION 6-25-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANAGEMENT AND CONTROL OF A JOINT MUNICIPAL WATER SYSTEM, SO AS TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL COMMISSIONERS BY THE GOVERNING BODY OF A MEMBER OF THE SYSTEM. Rep. WILKINS explained the Bill. H. 4096 -- Reps. Beasley and Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DARLINGTON POST NO. 13 OF THE AMERICAN LEGION. H. 4097 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO PRACTICE AND PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 946, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 4098 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO COMMON CARRIERS AND MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. L. MARTIN explained the Joint Resolution. H. 4100 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO LICENSES, FEES, AND ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 4101 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 40-47-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO CHANGE CERTIFICATION REQUIREMENTS OF A RESPIRATORY CARE PRACTITIONER AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-47-625 SO AS TO ALLOW THE ISSUANCE OF A TEMPORARY CERTIFICATE TO A RESPIRATORY CARE PRACTITIONER. S. 1001 -- Senators Drummond, Dennis, Pope, Courson, Leatherman, Giese, Branton, Long, Thomas, Applegate, Thomas E. Smith, Jr., Shealy, Martschink, J. Verne Smith, McConnell, Wilson, Stilwell, Leventis, Macaulay, Lee, Peeler, Powell, Hinson, Horace C. Smith, Hayes, Setzler, Patterson, Fielding, McLeod, Doar, McGill, Waddell, Russell and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A FORMAL STRUCTURED PROCESS TO BE CONDUCTED BY THE REORGANIZATION COMMISSION TO DETERMINE THE DEGREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988. S. 1183 -- Senator Waddell: A BILL TO AMEND SECTIONS 12-16-20, 12-16-290, 12-16-510, 12-16-730, 12-16-910, 12-16-1110, 12-16-1130, 12-16-1160, 12-16-1200, 12-16-1210, 12-16-1350, 12-16-1510, 12-16-1520, AND ARTICLES 17 AND 19, CHAPTER 16 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO CONFORM ITS PROVISIONS TO THE INTERNAL REVENUE CODE OF 1986, AS AMENDED THROUGH DECEMBER 31, 1987; AND TO MAKE TECHNICAL CORRECTIONS, AND TO AMEND SECTION 12-49-70, AS AMENDED, RELATING TO THE CONCLUSIVE PRESUMPTION OF PAYMENT OF TAXES, SO AS TO CORRECT A REFERENCE. Rep. KIRSH explained the Bill. S. 1300 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANT FOR DISTRAINT BY THE TAX COMMISSION, FILING WITH THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES, AND LIEN UPON THE PROPERTY OF THE TAXPAYER, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ISSUE A WARRANT FOR DISTRAINT WHEN ANY TAX, ADDITIONAL TAX, INTEREST, OR PENALTY IMPOSED BY THE COMMISSION REMAINS DUE AND UNPAID FOR TEN DAYS. S. 1304 -- Senators Waddell, Lourie, Leatherman, Long, Hayes and Hinson: A BILL TO AMEND SECTION 12-7-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, SO AS TO ALLOW THE TAX CREDIT WHENEVER A RESIDENT IS TAXED IN ANOTHER STATE. Rep. KIRSH explained the Bill. H. 3952 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF INCOME BEFORE APPORTIONMENT OF THE REMAINING NET INCOME, SO AS TO DEFINE THE REAL PROPERTY IN THE ALLOCATION OF THE GAINS AND LOSSES FROM ITS SALE AS PROPERTY NOT CONNECTED WITH THE TAXPAYER'S BUSINESS. Rep. KIRSH explained the Bill. H. 3954 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-31-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR CARRIERS, SO AS TO CHANGE THE DATE THE REPORTS TO THE COMMISSION ARE TO BE FILED. H. 3955 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ISSUING FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO SPECIFICALLY STATE THAT THE CRIME APPLIES TO ISSUING A FRAUDULENT CHECK, DRAFT, OR OTHER ORDER IN PAYMENT OF STATE TAXES. Rep. KIRSH explained the Bill. H. 3957 -- Reps. Kirsh,- McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA TAX COMMISSION, SO AS TO INCLUDE THE ASSESSMENT OF AIRLINES AND TO PROVIDE THAT LEASED PROPERTY MUST BE ASSESSED IN THE NAME OF THE LEASEE IF THE UNIT VALUATION METHOD IS USED OR IF THE TAXPAYER IS AN AIRLINE OR PRIVATE CAR LINE WHEN THE LEASEE IS IN CONTROL OF THE PROPERTY AND REQUIRED TO PAY THE TAX. Rep. KIRSH explained the Bill. H. 3968 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-35-125 SO AS TO PROVIDE THAT WHEN A VENDOR SELLS ITEMS TO A PURCHASER, THE COST OF WHICH OR PART OF THE COST OF WHICH WILL BE PAID BY MEDICARE OR MEDICAID, THE VENDOR SHALL PAY SALES TAX ONLY ON THE NET AMOUNT REIMBURSED BY MEDICARE OR MEDICAID IF THE VENDOR BY LAW IS PROHIBITED FROM CHARGING THE PURCHASER THE DIFFERENCE BETWEEN THE RETAIL SALES PRICE AND THE AMOUNT REIMBURSED.
TIME TOMORROW On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4004 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4009 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3985 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 4096 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 4098 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 4100 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 4101 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1001 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1183 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1300 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1304 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3952 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3954 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3955 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3957 be read the third time tomorrow.
TIME TOMORROW On motion of Rep. J.C. JOHNSON, with unanimous consent, it was ordered that H. 3968 be read the third time tomorrow.
The following Bill was taken up. S. 958 -- Senators Saleeby, McConnell and Pope: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER. The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 2502J), which was adopted. Amend the bill, as and if amended, by striking SECTION 1 and inserting: /SECTION 1. Section 38-53-170(f) of the 1976 Code is amended to read:
"(f) solicit business in any of the courts or on the premises of any of the courts of this State, in the office of any magistrate, or in or about any place where prisoners are confined. Amend title to conform. Rep. WILKINS explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
TIME TOMORROW On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 958 be read the third time tomorrow.
The following Bill was taken up. H. 4007 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO COMPEL ACTION UNDER THE CHILDREN'S CODE, DOMESTIC ABUSE ACT, AND PROVISIONS PROTECTING DEVELOPMENTALLY DISABLED AND SENILE PERSONS; ON ATTORNEY FEES; AND TO APPOINT AND PROVIDE COMPENSATION FOR GUARDIANS AD LITEM. The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2914J), which was adopted. Amend the bill, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding appropriately numbered items at the end to read: "( ) To issue orders compelling public officials and officers to perform official acts under Chapter 7, Title 20, the Children's Code, Chapter 4, Title 20, Protection from Domestic Abuse Act, and Chapter 29, Title 43, Protective Services for Developmentally Disabled and Senile Persons. ( ) To appoint guardians ad litem and determine their compensation, fees, and costs and to assess as compensation, fees, and costs against the person represented by the guardian ad litem or against any other person or party involved in the action." SECTION 2. Section 20-7-420(2) of the 1976 Code is amended to read: (2) To hear and determine actions:
For divorce a vinculo matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in In any action where either party in his or her complaint, answer, counterclaim, or motion for pendente lite relief prays for the allowance of suit moneY pendente lite and permanently, the court shall allow a reasonable sum for the claim if it appears well-founded. Suit money, including attorney fees, may be assessed for or against any party to any action brought in or subject to the jurisdiction of the family court. An award of temporary attorney fees or suit costs must not be stayed by an appeal of the award." SECTION 3. This act takes effect upon approval by the Governor./ Amend title to conform. Rep. WILKINS explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
TIME TOMORROW On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4007 be read the third time tomorrow.
The following Bill was taken up. H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: A BILL TO AMEND SECTION 6-7-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY OR COUNTY TO ADOPT SUBDIVISION REGULATIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF THE COUNTY TO CREATE SUBDIVISION DISTRICTS AND ADOPT SUBDIVISION REGULATIONS FOR A SPECIFIC DISTRICT. Rep. WILKINS explained the Bill. Reps. STURKIE, KOON, E.B. McLEOD and BLANDING objected to the Bill.
The following Bill was taken up. S. 1196 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-21-10, 24-21-13, 24-21-60, 24-21-70, 24-21-80, 24-21-90, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-475, 24-21-480, 24-21-485, 24-21-650, AND 24-21-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAROLE AND COMMUNITY CORRECTIONS BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES, SO AS TO CHANGE THE NAME AND REFERENCES TO THE PROBATION, PAROLE, AND PARDON SERVICES BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES AND TO DELETE ANTIQUATED AND OBSOLETE LANGUAGE. The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3069J), which was adopted. Amend the bill, as and if amended, Section 24-21-10, as contained in SECTION 1, by striking the first paragraph and inserting:
/The Department of Probation, Parole, and Amend further, page 3, by striking the first paragraph of Section 24-21-80, as contained in SECTION 5, and inserting:
/Every person granted parole by the Amend further, page 5, by striking Section 24-21-260, as contained in SECTION 8, and inserting:
/Section 24-21-260. Probation officers appointed under Section 24-21-230 Amend further, page 10, by striking Section 24-21-930, as contained in SECTION 15, and inserting:
/Section 24-21-930. An order of pardon Amend title to conform. Rep. CHAMBLEE explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
TIME TOMORROW On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that S. 1196 be read the third time tomorrow.
Rep. LOCKEMY moved to adjourn debate upon the following Joint Resolution until Wednesday, April 20, which was adopted. H. 4099 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 956, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The SPEAKER granted Rep. NETTLES a temporary leave of absence.
The following Bill was taken up. S. 1303 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF TAX RETURNS OR INFORMATION TO OTHER STATES OR THE INTERNAL REVENUE SERVICE, AND SECTION 12-54-230, RELATING TO THE TAX COMMISSION'S ACCESS TO THE EMPLOYER'S QUARTERLY REPORT, SO AS TO UPDATE THE REFERENCES TO THE FREEDOM OF INFORMATION ACT. Rep. KIRSH explained the Bill. Rep. McEACHIN moved to adjourn debate upon the Bill until Tuesday, April 19, which was adopted.
The following was received. Mr. Speaker and Members of the House: The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully, On motion of Rep. L. MARTIN the invitation was accepted.
The following Bill was taken up. H. 3981 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-35-555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAXES ON THE SALE OF MOTOR VEHICLES TO NONRESIDENTS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE SALE OF TRAILERS, SEMI-TRAILERS, AND POLE TRAILERS, AND TO PROVIDE THAT NO SALES TAXES ON THESE SALES MAY BE IMPOSED UNDER CERTAIN CONDITIONS. Rep. KIRSH explained the Bill. Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill Rep. KIRSH having the floor.
ON WAYS AND MEANS On motion of Rep. McLELLAN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means. H. 4178 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT THE STATE AUDITOR UNTIL JUNE 30, 1988, FROM THE PROVISIONS OF PARAGRAPH 129.22 OF PART I OF ACT 170 OF 1987, RELATING TO EMPLOYER CONTRIBUTION COSTS.
TIME TOMORROW On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 1288 be read the third time tomorrow.
Rep. McEACHIN moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill, which was agreed to. H. 3455 -- Rep. McEachin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES INTO THIS STATE, EXCEPT FOR EXHIBITION PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
On motion of Rep. TAYLOR, with unanimous consent, the following Bills were introduced, read the first time, and referred to appropriate committees: H. 4186 -- Reps. R. Brown, Taylor, J. Bradley, G. Bailey, M.O. Alexander and J.W. McLeod: A BILL TO AMEND SECTION 13-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEVELOPMENT BOARD BY ADDING TWO EX OFFICIO MEMBERS TO THE BOARD. Referred to Committee on Labor, Commerce and Industry. H. 4187 -- Reps. T.M. Burriss, J.H. Burriss, M.D. Burriss, Baxley, McKay, Hearn, Mattos, Snow and Beasley: A BILL TO AMEND SECTION 56-5-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS AND INVESTIGATION OF TRAFFIC ACCIDENTS, SO AS TO INCREASE THE AMOUNT OF PROPERTY DAMAGE. Referred to Committee on Education and Public Works. H. 4188 -- Reps. T. Rogers, T.M. Burriss and Hearn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-600 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A RULE TO SHOW CAUSE WHY A PERSON SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATION OF A ZONING ORDINANCE. Referred to Committee on Judiciary. H. 4189 -- Reps. Sheheen, J. Rogers, J. Bradley, Dangerfield and Beasley: A BILL TO AMEND SECTIONS 40-57-90 AND 40-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY REQUIREMENTS FOR REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS, SO AS TO DELETE THE REQUIREMENT THAT IN ORDER TO OBTAIN A REAL ESTATE LICENSE A PERSON MUST BE A RESIDENT OF SOUTH CAROLINA, AND TO PROVIDE FOR THE LICENSING AND REGULATION OF NONRESIDENT REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS. Referred to Committee on Labor, Commerce and Industry. H. 4190 -- Reps. Gilbert, McEachin, J. Bradley, Shelton, Pearce, Day, Beasley, O. Phillips, Mappus and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-515 SO AS TO PROVIDE THAT ELECTED MEMBERS OF MUNICIPAL GOVERNMENTS MAY BECOME MEMBERS OF THE STATE RETIREMENT SYSTEM AND MAY PURCHASE UP TO FIVE YEARS OF PRIOR SERVICE CREDIT. Referred to Committee on Ways and Means. S. 1391 -- Senator Martin: A BILL TO AMEND SECTION 7-7-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO REVISE THE PRECINCTS. Referred to Fairfield Delegation.
Rep. LEWIS asked unanimous consent to amend the following Bill on third reading, which was agreed to. H. 3861 -- Rep. Lewis: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF DAMAGES AGAINST CHARITABLE ORGANIZATIONS AND TO THE LIABILITY OF A HEALTH CARE PROVIDER FOR SERVICES RENDERED VOLUNTARILY AND WITHOUT COMPENSATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN ACTION AGAINST ANY CHARITABLE ORGANIZATION UNDER SECTIONS 33-55-210 THROUGH 33-55-230 CONSTITUTES A COMPLETE BAR TO ANY RECOVERY BY THE CLAIMANT, BY REASON OF THE SAME SUBJECT MATTER, AGAINST THE EMPLOYEE OF THE CHARITABLE ORGANIZATION WHOSE ACT OR OMISSION CAVE RISE TO THE CLAIM EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE THAT NO JUDGMENT AGAINST AN EMPLOYEE OF A CHARITABLE ORGANIZATION MAY BE RETURNED UNLESS A SPECIFIC FINDING IS MADE THAT THE EMPLOYEE ACTED IN A RECKLESS, WILFUL, OR GROSSLY NEGLIGENT MANNER; AND TO REPEAL SECTION 33-55-220, RELATING TO THE PROVISION THAT THE BAR TO ANY ACTION AGAINST THE EMPLOYEE OF A CHARITABLE ORGANIZATION DOES NOT APPLY WHERE THE EMPLOYEE IS ADJUDGED TO HAVE ACTED RECKLESSLY, WANTONLY, OR WITH GROSS NEGLIGENCE.
Rep. CORNING, with unanimous consent, withdrew his objection to H. 2197 however, other objections remained upon the Bill.
On motion of Rep. AYDLETTE, with unanimous consent, the following Bill was taken up for immediate consideration. H. 3817 -- Reps. Foxworth, Aydlette, Winstead, Whipper, D. Martin, Washington,. Mappus, Kohn and J. Bradley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO DELETE THE PROVISION PROVIDING FOR THE NOMINATION OF CONSTITUENT TRUSTEES BY PETITION. The Bill was read the second time and ordered to third reading.
TIME TOMORROW On motion of Rep. AYDLETTE, with unanimous consent, it was ordered that H. 3817 be read the third time tomorrow.
On motion of Rep. T. ROGERS, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee: H. 4191 -- Rep. T. Rogers: A BILL TO AMEND SECTION 23-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BONDS OF PEACE OFFICERS WITHOUT PAY WHO ARE APPOINTED BY THE GOVERNOR, SO AS TO PROVIDE THAT A BLANKET BOND MAY BE USED IN ANY COUNTY TO FULFILL THE BOND REQUIREMENT OF SECURITY GUARDS. Referred to the Committee on Judiciary.
On motion of Rep. ELLIOTT, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee: H. 4192 -- Rep. Elliott: A BILL TO REQUIRE RAILROAD COMPANIES TO PROVIDE AND MAINTAIN FREE ACCESS OVER TRACKS TO ANY PROPERTY OWNER WHO MUST CROSS THE TRACKS FOR ACCESS TO HIS PROPERTY. Referred to the Committee on Education and Public Works.
AND BILL ENROLLED The Senate Amendments to the following Bill were taken up for consideration. H. 3455 -- Rep. McEachin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES INTO THIS STATE, EXCEPT FOR EXHIBITION PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT. 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.
The Senate Amendments to the following Bill were taken up for consideration. H. 3771 -- Education and Public Works Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-101-10, RELATING TO THE DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO, AMONG OTHER THINGS, LIST THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE AS SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD: TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE PROVISIONS RELATING TO THE COLLEGE BEING GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND CERTAIN OTHER OBSOLETE PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND THE PROVISION THAT THE COLLEGE IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE LAWS DEALING WITH FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE APPLY, SO AS TO DELETE REFERENCE TO INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITION OF "STATE INSTITUTION" FOR PURPOSES OF THE LAWS DEALING WITH DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND TO LIST THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS OF THE STATE COLLEGE BOARD OF TRUSTEES WHO ARE SERVING TERMS ON THAT BOARD ON THE EFFECTIVE DATE OF THIS ACT MAY, AT THEIR OPTION, SERVE AS TRUSTEES ON THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, OR LANDER COLLEGE; AND TO PROVIDE FOR THE ELECTION OF THE INITIAL MEMBERS OF THE SEPARATE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE. Reps. BEASLEY and DAY proposed the following Amendment No. 2 (Doc. No. 3284J). Amend the bill, as and if amended, by.striking all after the enacting words and inserting: /SECTION 1. Title 59 of the 1976 Code is amended by adding:
College of Charleston Section 59-130-10. There is created a board of trustees for the College of Charleston composed of three ex-officio members who are the Governor of the State or his designee, the chairman of the House Committee on Education and Public Works or his designee, and the chairman of the Senate Committee on Education or his designee; and fourteen members who must be elected by the General Assembly. The General Assembly shall elect members to the board based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens Or the State. Of the fourteen members elected by the General Assembly, two must be elected from each congressional district and the remaining two members must be elected from the State at large. The seats on the board which are filled by election of the General Assembly must be numbered consecutively as follows: for First Congressional District, Seat One and Seat Two; for the Second Congressional District, Seat Three and Seat Four; for the Third Congressional District, Seat Five and Seat Six; for the Fourth Congressional District, Seat Seven and Seat Eight; for the Fifth Congressional District, Seat Nine and Seat Ten; for the Sixth Congressional District, Seat Eleven and Seat Twelve; for the at-large positions, Seat Thirteen and Seat Fourteen. In the 1988 legislative session, the General Assembly shall elect members to fill the even-numbered seats for four-year terms expiring in 1992 and to fill the odd-numbered seats for two-year terms expiring in 1990. The General Assembly shall hold elections every even-numbered year after 1988 to elect successors of trustees whose terms are then expiring. After the election in 1988, all board members elected by the General Assembly must be elected to serve terms of four years. Terms of members elected by the General Assembly commence on the first day of July of the year in which the member is elected and continue until the thirtieth day of June of the year in which the term is scheduled to expire. However, every elected trustee shall serve after his term has expired until his successor is elected and qualifies. No election may be held before April first of the year in which a successor's term is to commence, unless an elective office becomes vacant. If an elective office becomes vacant, the Governor may fill the vacancy until the next session of the General Assembly when the General Assembly may hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. If the Governor, the chairman of the House Committee on Education and Public Works, or the chairman of the Senate Committee on Education chooses to designate a member to serve in his place, the appointment is effective upon certification to the Secretary of State and shall continue, at the pleasure of the one making the designation, so long as he continues to hold the specified office. Section 59-130-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. Section 59-130-30. The board of trustees is constituted a body corporate and politic under the name of the 'Board of Trustees for the College of Charleston'. The board has the power to: (1) have perpetual succession; (2) sue and be sued by the corporate name; (3) have a seal and to alter it at pleasure; (4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget and Control Board; (5) appoint a chairman of the board of trustees and to appoint a college president, treasurer, and secretary, and, in the appointment of these latter three, to prescribe their duties and their terms of office and to fix their compensation; (6) appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors, and other employees prescribing the terms of their employment and their duties and fixing their compensations; (7) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law; (8) condemn land for corporate purposes as provided by law; (9) fix tuition fees and other charges for students attending the college, not inconsistent with law; (10) confer degrees upon students and other persons the board considers qualified; (11) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly; (12) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working; (13) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college; (14) adopt measures and make regulations as the board considers necessary for the proper operation of the college; (15) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions; (16) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position; (17) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim; (18) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary. Section 59-130-40. The board of trustees shall meet not less frequently than quarterly, the time and place of each such regular meeting to be fixed by the chairman of the board or otherwise as the board of trustees provides. If the Governor chooses to serve as an ex officio member of the board, he shall preside at all regular and special meetings of the board of trustees in which he is in attendance. At those meetings at which the Governor is not in attendance the chairman of the board of trustees shall preside and in his absence such member shall preside as the board may select. The Governor of the State (if serving as an ex officio member of the board), the chairman of the board of trustees, and the president of the College each has the power to call a special meeting of the board of trustees and fix the time and place thereof. Any five members of the board likewise have this power. A majority of the members of the board constitutes a quorum for the transaction of all business of the board but not less than a majority vote of the whole board is required for the election or removal of a president. It is the duty of the president and other officers, as well as members of the faculty, to attend meetings of the board when requested to do 90. Notice of the time and place of all meetings, both regular and special, of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting of the board. Section 59-130-50. Upon approval of the State Budget and Control Board, the Board of Trustees for the College of Charleston is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold." SECTION 2. Section 59-131-10 of the 1976 Code is amended to read:
"Section 59-131-10. Subject to the conditions of this chapter, the
(a) provide parking facilities, including one or more multilevel parking garage facilities, on its properties
(b) promulgate
(c) SECTION 3. Section 59-131-30 of the 1976 Code is amended to read:
"Section 59-131-30. All bonds issued pursuant to this chapter SECTION 4. Title 59 of the 1976 Code is amended by adding:
Francis Marion College Section 59-133-10. There is created a board of trustees for Francis Marion College composed of three ex-officio members who are the Governor of the State or his designee, the chairman of the House Committee on Education and Public Works or his designee, and the chairman of the Senate Committee on Education or his designee; and fourteen members who must be elected by the General Assembly. The General Assembly shall elect members to the board based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State. Of the fourteen members elected by the General Assembly, two must be elected from each congressional district and the remaining two members must be elected from the State at large. The seats on the board which are filled by election of the General Assembly must be numbered consecutively as follows: for First Congressional District, Seat One and Seat Two; for the Second Congressional District, Seat Three and Seat Four for the Third Congressional District, Seat Five and Seat Six; for the Fourth Congressional District, Seat Seven and Seat Eight; for the Fifth Congressional District, Seat Nine and Seat Ten; for the Sixth Congressional District, Seat Eleven and Seat Twelve; for the at-large positions, Seat Thirteen and Seat Fourteen. In the 1988 legislative session, the General Assembly shall elect members to fill the even-numbered seats for four-year terms expiring in 1992 and to fill the odd-numbered seats for two-year terms expiring in 1990. The General Assembly shall hold elections every even numbered year after 1988 to elect successors of trustees whose terms are then expiring. After the election in 1988, all board members elected by the General Assembly must be elected to serve terms of four years. Terms of members elected by the General Assembly commence on the first day of July of the year in which the member is elected and continue until the thirtieth day of June of the year in which the term is scheduled to expire. However, every elected trustee shall serve after his term has expired until his successor is elected and qualifies. No election may be held before April first of the year in which a successor's term is to commence, unless an elective office becomes vacant. If an elective office becomes vacant, the Governor may fill the vacancy until the next session of the General Assembly when the General Assembly may hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. If the Governor, the chairman of the House Committee on Education and Public Works, or the chairman of the Senate Committee on Education chooses to designate a member to serve in his place, the appointment is effective upon certification to the Secretary of State and continues, at the pleasure of the one making the designation, so long as he continues to hold the specified office. Section 59-133-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. Section 59-133-30. The board of trustees is constituted a body corporate and politic under the name of the 'Board of Trustees for Francis Marion College'. The board has the power to: (1) have perpetual succession; (2) sue and be sued by the corporate name; (3) have a seal and to alter it at pleasure; (4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget and Control Board; (5) appoint a chairman of the board of trustees and to appoint a college president, treasurer, and secretary, and, in the appointment of these latter three, to prescribe their duties and their terms of office and to fix their compensation; (6) appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors and other employees prescribing the terms of their employment, their duties, and fixing their compensations; (7) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law; (8) condemn land for corporate purposes as provided by law; (9) fix tuition, fees, and other charges for students attending the college, not inconsistent with law; (10) confer degrees upon students and other persons the board considers qualified; (11) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly; (12) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working; (13) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college; (14) adopt measures and make regulations as the board considers necessary for the proper operation of the college; (15) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions; (16) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position; (17) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim; (18) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary. Section 59-133-40. The board of trustees shall meet not less frequently than quarterly, the time and place of each such regular meeting to be fixed by the chairman of the board or otherwise as the board of trustees provides. If the Governor chooses to serve as an ex officio member of the board, he shall preside at all regular and special meetings of the board of trustees in which he is in attendance. At those meetings at which the Governor is not in attendance, the chairman of the board of trustees shall preside and in his absence such member shall preside as the board may select. The Governor of the State (if serving as an ex officio member of the board), the chairman of the board of trustees, and the president of the college each has the power to call a special meeting of the board of trustees and fix the time and place thereof. Any five members of the board likewise have this power. A majority of the members of the board of trustees constitutes a quorum for the transaction of all business of the board but not less than a majority vote of the whole board is required for the election or removal of a president. It is the duty of the president and other officers, as well as members of the faculty, to attend meetings of the board of trustees when requested to do so. Notice of the time and place of all meetings, both regular and special, of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting of the board. Section 59-133-50. Upon approval of the State Budget and Control Board, the Board of Trustees for Francis Marion College is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold." SECTION 5. Title 59 of the 1976 Code is amended by adding:
Lander College Section 59-135-10. There is created a board of trustees for Lander College composed of three ex-officio members who are the Governor of the State or his designee, the chairman of the House Committee on Education and Public Works or his designee, and the chairman of the Senate Committee on Education or his designee; and fourteen members who must be elected by the General Assembly. The General Assembly shall elect members to the board based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State. Of the fourteen members elected by the General Assembly, two must be elected from each congressional district and the remaining two members must be elected from the State at large. The seats on the board which are filled by election of the General Assembly must be numbered consecutively as follows: for First Congressional District, Seat One and Seat Two; for the Second Congressional District, Seat Three and Seat Four; for the Third Congressional District, Seat Five and Seat Six; for the Fourth Congressional District, Seat Seven and Seat Eight; for the Fifth Congressional District, Seat Nine and Seat Ten; for the Sixth Congressional District, Seat Eleven and Seat Twelve; for the at-large positions, Seat Thirteen and Seat Fourteen. In the 1988 legislative session, the General Assembly shall elect members to fill the even-numbered seats for four-year terms expiring in 1992 and to fill the odd-numbered seats for two-year terms expiring in 1990. The General Assembly shall hold elections every even numbered year after 1988 to elect successors of trustees whose terms are then expiring. After the election in 1988, all board members elected by the General Assembly must be elected to serve terms of four years. Terms of members elected by the General Assembly commence on the first day of July of the year in which the member is elected and continue until the thirtieth day of June of the year in which the term is scheduled to expire. However, every elected trustee shall serve after his term has expired until his successor is elected and qualifies. No election may be held before April first of the year in which a successor's term is to commence, unless an elective office becomes vacant. If an elective office becomes vacant, the Governor may fill the vacancy until the next session of the General Assembly when the General Assembly may hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. None of the members of the board elected by the General Assembly may serve for more than three full four-year terms or twelve years, whichever is longer. Two-year terms to which members are elected in the 1988 election are not to be counted in determining when a member has served the maximum number of years or terms. If the Governor, the chairman of the House Committee on Education and Public Works, or the chairman of the Senate Committee on Education chooses to designate a member to serve in his place, the appointment is effective upon certification to the Secretary of State and continues, at the pleasure of the one making the appointment, so long as he continues to hold the specified office. Section 59-135-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. Section 59-135-30. The board of trustees is constituted a body corporate and politic under the name of the 'Board of Trustees for Lander College'. The corporation has the power to: (1) have perpetual succession; (2) sue and be sued by the corporate name; (3) have a seal and to alter it at pleasure; (4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget.and Control Board; (5) appoint a chairman of the board of trustees and to appoint a college president, treasurer, and secretary, and, in the appointment of these latter three, to prescribe their duties and their terms of office and to fix their compensation; (6) appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors, and other employees prescribing the terms of their employment, their duties, and fixing their compensation; (7) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law; (8) condemn land for corporate purposes as provided by law; (9) fix tuition, fees, and other charges for students attending the college, not inconsistent with law; (10) confer degrees upon students and other persons as the board considers qualified; (11) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly; (12) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working; (13) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college; (14) adopt measures and make regulations as the board considers necessary for the proper operation of the college; (15) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions; (16) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position; (17) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim; (18) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary. Section 59-135-40. The board of trustees shall meet not less frequently than quarterly, the time and place of each such regular meeting to be fixed by the chairman of the board or otherwise as the board of trustees provides. If the Governor chooses to serve as an ex officio member of the board, he shall preside at all regular and special meetings of the board of trustees in which he is in attendance. At those meetings at which the Governor is not in attendance, the chairman of the board of trustees shall preside and in his absence such member shall preside as the board may select. The Governor of the State (if serving as an ex officio member of the board), the chairman of the board of trustees, and the president of the College shall each have the power to call a special meeting of the board of trustees and fix the time and place thereof. Any five members of the board likewise have this power. A majority of the members of the board of trustees constitutes a quorum for the transaction of all business of the board but not less than a majority vote of the whole board is required for the election or removal of a president. It is the duty of the president and other officers as well as members of the faculty to attend meetings of the board of trustees when requested to do so. Notice of the time and place of all meetings, both regular and special, of the board of trustees of Lander College must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting. Section 59-135-50. Upon approval of the State Budget and Control Board, the board is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold." SECTION 6. Section 59-101-10 of the 1976 Code is amended to read:
"Section 59-101-10. There SECTION 7. Section 59-101-20 of the 1976 Code is amended to read:
"Section 59-101-20.
SECTION 8. Section 59-101-30 of the 1976 Code is amended to read:
"Section 59-101-30.
SECTION 9. Section 59-111-340 of the 1976 Code is amended to read:
"Section 59-111-340. The provisions of this article
(1) Those institutions enumerated in Section 59-107-10 and to the branches and extensions of those institutions
SECTION 10. Section 59-112-10A of the 1976 Code is amended to read:
"A. The words 'State Institution'
(1) the Board of Trustees, Clemson University
(2) the Board of Trustees, Medical University of South Carolina
(3) the Board of Trustees, South Carolina State College
(4) the (5) the Board of Trustees for Lander College. (6) the Board of Trustees for Francis Marion College.
SECTION 11. Chapter 105 of Title 59 of the 1976 Code is repealed. SECTION 12. Members of the State College Board of Trustees who are serving terms on that board on the effective date of this act may, at their option, serve as trustees on the boards of trustees for the College of Charleston, Francis Marion College, or Lander College, as hereinafter provided. Members on the State College Board Planning Committee for the College of Charleston may exercise this option to serve only on the Board of Trustees for the College of Charleston. Members on the State College Board Planning Committee for Francis Marion College may exercise this option to serve only on the Board of Trustees for Francis Marion College. Members of the State College Board Planning Committee for Lander College may exercise this option to serve only on the Board of Trustees for Lander College. The chairman of the State College Board of Trustees may exercise the option to serve on any one of the three boards of trustees but he may not serve on more than one board. All board seats created by a member of the State College Board of Trustees exercising the option allowed by this section shall cease to exist upon June 30, 1990, or upon the death, resignation, or removal of the trustee exercising the option, whichever occurs first. To exercise the option to serve on one of the boards of trustees of the three colleges, members of the State College Board of Trustees must notify the Secretary of State of their decision in writing before July 1, 1988. SECTION 13. The General Assembly shall elect initial members of the separate boards of trustees for the College of Charleston, Francis Marion College, and Lander College before July 1, 1988, in accordance with the provisions of this act, but not sooner than April 1, 1988. SECTION 14. Except as otherwise specifically provided in this act, this act takes effect July 1, 1988./ Amend title to conform. Rep. BEASLEY explained the amendment.
Rep. McLELLAN moved that the House stand adjourned upon the completion of the Ratification of Acts, which was adopted. Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 2, Rep. BEASLEY having the floor.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified. (R490) S. 415 -- Judiciary Committee: AN ACT TO AMEND CHAPTERS 1 THROUGH 20 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS CORPORATIONS, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988" INCLUDING PROVISIONS RELATING TO INCORPORATION OF BUSINESS ORGANIZATIONS, PURPOSES, AND POWERS OF CORPORATIONS, NAMES, OFFICES, AND AGENTS, SHARES AND DISTRIBUTIONS, SHAREHOLDERS, DIRECTORS, AND OFFICERS, AMENDMENTS OF ARTICLES OF INCORPORATION AND BYLAWS, MERGER AND SHARE EXCHANGE, SALE OF ASSETS, DISSENTERS' RIGHTS, DISSOLUTION, FOREIGN CORPORATIONS, RECORDS, AND REPORTS, CLOSE CORPORATIONS, PROFESSIONAL CORPORATIONS, AND TRANSITION PROVISIONS; TO AMEND CHAPTER 2 OF TITLE 35, RELATING TO THE TAKE-OVER BID DISCLOSURE ACT, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER TO REGULATE CONTROL SHARE ACQUISITIONS AND BUSINESS COMBINATIONS; TO AMEND SECTIONS 33-42-30 AND 12-19-20, BOTH AS AMENDED, AND 12-19-70, 12-19-120, 15-9-210, 15-9-240, 15-9-245, AND 15-9-430, RELATING TO THE NAME OF A LIMITED PARTNERSHIP, FILING OF ANNUAL REPORTS, CORPORATE LICENSE FEES OR TAXES, AND SERVICE OF PROCESS, SO AS TO CONFORM THEM TO THE NEW PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988 AND TO MAKE CERTAIN OTHER CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1675 SO AS TO PROVIDE FOR ADMINISTRATIVE DISSOLUTION OF A CORPORATION FOR FAILURE TO PAY FRANCHISE OR INCOME TAXES WHEN DUE AND BY ADDING SECTION 12-54-125 SO AS TO ALLOW THE TAX COMMISSION TO WITHDRAW WARRANTS OF DISTRAINT FOR DISSOLVED CORPORATIONS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 12-19-130, 15-9-260, 15-63-20 THROUGH 15-63-50, 33-51-10 THROUGH 33-51-170 AND CHAPTERS 21, 23, AND 25 OF TITLE 33 RELATING TO THE TIME FOR FILING OF ANNUAL REPORTS AND PAYMENT OF FEES OR TAXES, SERVICE OF PROCESS, CHARTER ANNULMENT, PROFESSIONAL ASSOCIATIONS, DISSOLUTION, FOREIGN BUSINESS CORPORATIONS, ANNUAL REPORTS, POWERS OF THE SECRETARY OF STATE, AND MISCELLANEOUS MATTERS. (R491) S. 1328 -- Senator Dennis: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS FOR ALL COUNTIES, SO AS TO REVISE THE AREAS ESTABLISHED FOR BERKELEY COUNTY. (R492) S. 1275 -- Senator Waddell: AN ACT TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS. (R493) S. 1274 -- Senator Waddell: AN ACT TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM FIFTEEN TO TWENTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS. (R494) S. 235 -- Senators Mitchell, Giese, Lourie, Patterson, Fielding and Matthews: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 SO AS TO ESTABLISH THE SOUTH CAROLINA INTERAGENCY COUNCIL ON HUNGER AND NUTRITION, TO PRESCRIBE ITS POWERS AND DUTIES, AND TO PROVIDE FOR ITS TERMINATION. (R495) H. 3381 -- Reps. Wilkins, Corning, Huff, Clyborne, Gentry and Toal: AN ACT TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMUNITY FROM CIVIL LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE AND VOLUNTARY MEDICAL SERVICES AT HOSPITALS AND CERTAIN OTHER LOCATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE SERVICES BE PROVIDED AT HOSPITALS OR OTHER SPECIFIED LOCATIONS IN ORDER FOR THE HEALTH CARE PROVIDER TO BE SO IMMUNE FROM CIVIL LIABILITY. (R496) H. 3320 -- Rep. Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-287 SO AS TO PROHIBIT THE TRANSFER OF BEER, WINE, OR ALCOHOLIC LIQUOR TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS FOR THE PURPOSE OF CONSUMPTION, PROVIDE EXCEPTIONS, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTION 61-9-61 RELATING TO THE TRANSFER OR GIFT OF BEER OR WINE TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS. (R497) H. 3297 -- Rep. J. Rogers: AN ACT TO AMEND SECTION 58-27-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OF ELECTRIC UTILITIES WITH THE APPROVAL OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ANY ELECTRICAL UTILITY WHICH HAS PROPERTY OUTSIDE THIS STATE, THE INITIAL PURCHASE VALUE OF WHICH IS ONE MILLION DOLLARS OR LESS, MAY SELL, ASSIGN, TRANSFER, LEASE, CONSOLIDATE, OR MERGE THIS OUT-OF-STATE PROPERTY WITHOUT PRIOR APPROVAL OF THE PUBLIC SERVICE COMMISSION.
The Senate returned to the House with concurrence the following: H. 4119 -- Rep. Edwards: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PURSUE AGGRESSIVELY A CONTINUATION OF THE THIRTY-FIVE THOUSAND, TWO HUNDRED POUNDS TANDEM AXLE LIMIT FOR TRUCK OPERATORS THROUGH NEGOTIATION WITH THE FEDERAL HIGHWAY COMMISSION. H. 4151 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. FRANK M. THOMAS, RETIRED AIKEN COUNTY TREASURER, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS. H. 4158 -- Rep. L. Phillips: A CONCURRENT RESOLUTION CONGRATULATING THE GREER CITIZEN AND ITS STAFF FOR CONTINUED EXCELLENCE IN JOURNALISM, FOR HONORS RECENTLY GIVEN ITS STAFF MEMBERS, AND FOR THE NEWSPAPER'S BEING SELECTED FOR THE FIRST PLACE AWARD FOR GENERAL EXCELLENCE BY THE SOUTH CAROLINA PRESS ASSOCIATION, AND COMMENDING THE GREER CITIZEN FOR ITS OUTSTANDING SERVICE TO ITS MANY READERS AND THE COMMUNITY.
At 11:58 A.M. the House in accordance with the motion of Rep. McLELLAN adjourned to meet at 10:00 A.M. tomorrow.
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