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109th Session, 1991-1992 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: All-wise and eternal God, give us a double measure of strength when the trials of life come. Just as the ground is white after a snow fall and the grass is greener after a heavy rain, may our lives be purer and more productive when the inevitable storms have passed from our lives. Inspire us with noble ambitions as we know that one without a goal seldom gets anywhere, that the worse failure in life is the failure to try. We too often say: "God, I've prayed and prayed and prayed. Why don't You answer?" And God says: "I've answered and answered and answered. Why don't you listen?" Lord, teach us how to pray aright. 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.
JOINT LEGISLATIVE COMMITTEE FOR JUDICIAL SCREENING
TO: The Clerk of the Senate In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted, Pursuant to Act No. 119, 1975 S.C. Acts 122, this Committee met to consider the qualifications of the candidates seeking election to the positions of Judge of the Ninth Judicial Circuit; Judge of the Circuit Court at Large, Seat #5; Judge of the Family Court of the First Judicial Circuit, Seat #2; Judge of the Family Court of the Second Judicial Circuit, Seat #1; Judge of the Family Court of the Third Judicial Circuit, Seat #1; Judge of the Family Court of the Fourth Judicial Circuit, Seat #1; Judge of the Family Court of the Fifth Judicial Circuit, Seats #1 and #4; Judge of the Family Court of the Seventh Judicial Circuit, Seat #3; Judge of the Family Court of the Eighth Judicial Circuit, Seat #2; and Judge of the Family Court of the Eleventh Judicial Circuit, Seat #2. One retired Family Court Judge was also screened. 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. Instead, it is the Committee's role to determine whether a candidate is qualified to sit as a Judge. Under the statute, the Committee's determination in regard to each candidate is not binding on the members of the General Assembly. 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 in the Third Floor Conference Room of the State House on April 2, 1992, and the portions of the documents submitted by the candidates which were made part of the public record. Each candidate's file includes 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. These documents may be viewed in the office of the Judicial Screening Committee in Room 211 of the Gressette Building until the date and time of the election. The candidates were present at the screening and testified under oath.
CHAIRMAN POPE: I'LL FORMALLY CALL THE COMMITTEE TO ORDER NOW. MY NAME IS TOM POPE; I'M FROM NEWBERRY, AND A MEMBER OF THE SENATE. WITH ME IS THE VICE-CHAIRMAN LARRY GENTRY, A REPRESENTATIVE FROM SALUDA COUNTY, AND REPRESENTATIVE HODGES FROM LANCASTER COUNTY; SENATOR LOURIE IS HERE ON MY RIGHT. AND WE WELCOME EVERYONE HERE. WE APOLOGIZE FOR THE CROWDED ROOM. THIS IS THE BEST WE COULD DO. WE ARE IN SESSION TODAY, BOTH THE HOUSE AND THE SENATE. THE SENATE GOES IN SESSION AT 11:00; YOU GO IN AT --
CHAIRMAN POPE: I'M GOING TO OFFICIALLY CALL THE COMMITTEE BACK IN ORDER. THIS SCREENING COMMITTEE IS PURSUANT TO ACT 119 OF 1975 REQUIRING THE 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 POSITIONS ON THE BENCH ARE, IN OUR JUDGMENT, QUALIFIED TO FILL THE POSITIONS. THE INQUIRY WHICH WE UNDERTAKE IS A THOROUGH ONE. IT INVOLVES A COMPLETE PERSONAL AND PROFESSIONAL BACKGROUND CHECK ON EVERY CANDIDATE. THE CANDIDATE IS INVESTIGATED BY SLED, INCLUDING COURTROOM 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 BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS WITH RESPECT TO SITTING JUDGES. THE CANDIDATE'S PERSONAL DATA QUESTIONNAIRE DETAILS THE PERSONAL HISTORY, HEALTH, AND PROFESSIONAL EXPERIENCE, AND CONTAINS FIVE LETTERS OF REFERENCE. WE'RE HERE TODAY FOR THE PURPOSE OF EXAMINING CANDIDATES FOR THE TERM EXPIRATIONS IN THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT #2; SECOND JUDICIAL CIRCUIT, SEAT #1; FOURTH JUDICIAL CIRCUIT, SEAT #1; FIFTH JUDICIAL CIRCUIT, SEATS #1 AND #4; SEVENTH JUDICIAL CIRCUIT, SEAT #3; AND THE EIGHTH JUDICIAL CIRCUIT, SEAT #2. WE ALSO WILL BE EXAMINING CANDIDATES FOR THE VACANCIES IN THE NINTH JUDICIAL CIRCUIT, CIRCUIT COURT AT LARGE, SEAT #5; FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT #1; AND FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT #2; ALONG WITH ONE RETIRED FAMILY COURT JUDGE. ONE THING WE TRY TO DO -- THERE ARE SEVERAL POSITIONS WHICH ARE CONTESTED TODAY, AND WE TRY TO MAKE AN ANNOUNCEMENT ON BEHALF OF THE COMMITTEE TO MAKE IT CLEAR TO EVERYONE ABOUT THE NO-PLEDGING RULE. THE POLICY IS THAT NO COMMITMENTS OR PLEDGES CAN BE SOUGHT UNTIL AFTER OUR REPORT, THE SCREENING COMMITTEE REPORT, HAS BEEN ISSUED; AND THAT MAY BE A FEW DAYS FROM NOW. SO I KNOW A SENATOR ASKED ME ABOUT IT YESTERDAY, AND I TOLD HIM I WOULD MAKE IT CLEAR TO ALL Y'ALL; AND THE REASON I'M SAYING IT NOW IS BECAUSE AFTER YOU ARE SCREENED, YOU'RE FREE TO JUST LEAVE, AND THIS IS THE ONLY OPPORTUNITY FOR ALL OF US TO HEAR THIS. SO WE WOULD ASK YOU TO JUST BE MINDFUL OF THAT, IF YOU'RE IN A CONTESTED RACE, THAT YOU CAN SEEK COMMITMENTS AND PLEDGES, BUT NOT UNTIL AFTER OUR REPORT HAS BEEN PREPARED; AND OF COURSE, MS. SATTERWHITE WILL NOTIFY YOU AS SOON AS THE REPORT HAS BEEN PREPARED. THE SCHEDULE HAS BEEN POSTED ON THE DOOR. I GUESS MOST OF YOU SAW IT COMING IN. WE'RE GOING TO DEVIATE SLIGHTLY BECAUSE JUDGE WARSHAUER IS SCHEDULED SOMEWHERE IN THE MIDDLE OF THIS, AND HE IS A RETIRED JUDGE, SO OUR LAW REQUIRES THAT HE BE RESCREENED. SO, JUDGE WARSHAUER, IF YOU DON'T MIND, WE'D LIKE TO GO AHEAD AND LET YOU GO FIRST, AND LET YOU GET OUT OF HERE, IF THAT'S ALL RIGHT WITH YOU.
WHEREUPON, B.J. WARSHAUER, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE, YOU WERE LAST SCREENED IN MARCH OF 1988, I BELIEVE. AND WHEN WAS YOUR RETIREMENT?
1. Bernard Jerome Warshauer
2. He was born in Wilmington, North Carolina on December 3, 1920. He is presently 71 years old. 4. He was married to Alice Eugenia Hatcher Means on December 10, 1977. He was previously divorced from Jean O'Neal Warshauer; Durham, North Carolina; County Civil Court; one year separation; September 8, 1965. He has three children: Donna Warshauer Boone-Caldwell, age 39 (Town Clerk; Christiansburg, Virginia); Michael Jerome, age 33 (attorney with firm of Burge & Wettermark; Atlanta, Georgia); and Wendy Warshauer Davidow, age 31 (nurse; Ferndale, Michigan). 5. Military Service: U. S. Army; 1942-1947; Lt. Col. (Res.) (Retired); Honorable Discharge; Serial Number 0433970; Social Security Number ***-**-***** 6. He attended The Citadel, B.S. in Business Administration, 1941; and the University of North Carolina School of Law, LLB, 1965.
8. Legal/Judicial education during the past five years: 9. Courses taught or lectures presented: He has been a visiting lecturer at St. Leo's College, giving an annual lecture on the history of the Family Court. He has also spoken to Civics classes at Mayewood High School. 12. Legal experience since graduation from law school:
Admitted to North Carolina Bar, 1965 20. Judicial Office:
Master-in-Equity for Sumter County, 1972-1977, appointed 21. Five significant Orders or Opinions Written:
(a) Nienow v. Nienow, 268 S.C. 161, 232 S.E. 2d 504 (1977).
(b) Rouse v. Rouse, Court of Appeals, Unpublished Opinion No. 91-UP-118 (heard April 9, 1991; filed June 24, 1991). An interesting feature is that the husband alleged that the ordered support was above his means while, at the same time, he was providing substantial support for his paramour.
(c) Lineberger v. Lineberger, 303 S.C. 248, 399 S.E. 2d 786 (1990). An interesting feature in this case was that he granted permanent alimony substantially in excess of the original agreement and, more interestingly, he also gave her 15% of his annual bonus as additional alimony. The parties to this action were both successful. After marriage, the husband had completed his B.S. in accounting and had advanced to the position of chief financial officer for one of the world's largest construction companies. Also during the marriage, the wife had completed her undergraduate and graduate degrees in social work and was employed as a counselor by the Department of Social Services. The husband had historically received substantial annual bonuses. These bonuses were based upon the corporation's performance and were in no way connected to his individual services. The bonuses had been used for family purposes the same as the normal salaries of the parties. (d) Layton v. Layton, Court of Appeals, Unpublished Opinion No. 91-UP-042 (heard January 17, 1991, filed February 26, 1991). In this case, unlike Lineberger, the husband worked for an automobile dealership. He had received but one year-end bonus at the time of the hearing. Unlike Lineberger and considering the state of the economy (especially as regards the sale of American automobiles), the possibility of future bonuses was speculative at best. In this case, he refused to consider the possibility of future bonuses as an item of future support. The appellate court agreed.
(e) Martin v. Martin, 296 S.C. 436, 373 S.E. 2d 706 (1988). The Court of Appeals approved of the methods he used to apportion the retirement benefits; i.e., that is, he used approved accounting methods to determine the present value of the wife's 20% share. In addition, Judge Warshauer gave him the entire pension and offset her share against other marital property. 24. Any Occupation, Business or Profession Other Than the Practice of Law: President & Treasurer of Carolina Dry Goods Company in Wilmington, North Carolina, 1948-1963 33. His health is very good. His last physical was by medical staff at Shaw Air Force Base. 36. He has diabetes which is controlled by diet. He is treated by the medical staff at Shaw Air Force Base.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social, and fraternal organizations: 42. Five letters of reference:
(a) Robert N. Boykin, Jr., Vice President and City Executive
(b) Richard M. Leviton, D.D., Rabbi
(c) Linda L. Jones, Director of Community Programs II
(e) G. E. Myers, Principal
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAVE REPORTED NO COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION HAS NO RECORD OF ANY REPRIMANDS AGAINST YOU. WE HAVE CHECKED THE RECORDS OF THE HIGHWAY DEPARTMENT, SUMTER COUNTY SHERIFF'S OFFICE, SUMTER CITY POLICE DEPARTMENT, SLED, AND THE F.B.I., AS WELL AS THE JUDGMENT ROLLS OF SUMTER COUNTY AND THE FEDERAL COURT, AND ALL OF THOSE ARE NEGATIVE. YOU REPORT YOUR HEALTH TO BE VERY GOOD, JUDGE?
CHAIRMAN POPE: THANK YOU, JUDGE. ANYTIME YOU WANT TO LEAVE, FEEL FREE TO DO SO.
CHAIRMAN POPE: THE NEXT POSITION WE WILL BE SCREENING FOR IS THE NINTH JUDICIAL CIRCUIT, BERKELEY AND CHARLESTON COUNTIES, AND OUR FIRST APPLICANT IS STEVE DAVIS. MR. DAVIS, IF YOU WOULD, PLEASE COME TO THE END OF THE TABLE.
WHEREUPON, STEVE C. DAVIS, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q HAVE YOU REVIEWED YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY, MR. DAVIS?
1. Steve Christopher Davis
2. He was born in Bonneau, South Carolina, on August 22, 1957. He is presently 34 years old. 4. He was married to Rose Marie Wright on February 6, 1982. He has four children: Kenya Lasonya, age 17 (student); Steve Christopher, II, age 8; Todd Robert, age 5; and Drayton Savage, age 5 months. 5. Military Service: None 6. He attended Chowan Junior College, 1975-1977, A.A. in Education; the University of South Carolina, 1977-1979, B.S. in Social Studies; and the University of South Carolina School of Law, 1979-1982, J.D. Degree. 7. In college he tried out for the football team, was an intramural's official, and was a member of the Phi Theta Kappa Honor Society. In law school he was vice president of the Black Law Student Association and was a member of the Phi Alpha Delta Law Fraternity.
8. Legal/Judicial education during the past five years: 12. Legal experience since graduation from law school: June, 1982 Immediately upon graduation from law school, he was briefly associated with the Thomas Broadwater and Associates Law Office in Columbia, South Carolina. His primary responsibilities involved legal research and screening interviews. December, 1982 Law Clerk for Circuit Court Judge Ernest Finney. His responsibilities involved legal research, drafting court orders and holding conferences with attorneys. He clerked until June of 1983. July, 1983 to present Ninth Judicial Circuit Solicitor's Office. He began as an Assistant Solicitor in the Family Court handling the Department of Social Services cases until May, 1986. In May, 1986, he was assigned to the prosecution of all criminal cases involving adults. In May of 1988, he was appointed Deputy Solicitor for Berkeley County to be responsible for the Berkeley County Office and all criminal prosecution in that County.
14. Frequency of appearances in court:
15. Percentage of litigation: Of those cases he was sole counsel for approximately 90%. 17. Five (5) of the most significant litigated matters in either trial or appellate court: (a) State v. Mark Cameron (Murder Trial). The Defendant was tried for the death of his wife. The State's key witness was a 17-year-old prostitute who was employed at an escort service in which the Defendant was a part-time driver. Mark Cameron, who at the time was an Air Force Officer, utilized his job as an Alibi Defense due to the fact that he was on restricted duty at the time of the murder. He was found guilty and the case was appealed. The case was dismissed pursuant to Rule 23; Advance Sheet No. 23. (b) State v. Janie M. Duberry (Murder Trial). The Defendant was tried for the death of her husband. At the trial the defense was that Janie Duberry suffered from Battered Wife Syndrome and was forced to kill her spouse. The Defendant was found not guilty of the charges. During the preliminary plea negotiations, the Defendant was prepared to plead guilty to Involuntary Manslaughter; however, after a very emotional conference with the deceased's 84-year-old mother, he refused to accept the plea and proceeded to trial. This experience would prove invaluable in later years when confronted with similar type cases.
(c) State v. Jesus Zamora (Murder Trial). The Defendant was tried for the death of a homeless man who was found in a wooded area with seven gunshot wounds to the head. The Defendant was a 22-year-old male who had previously served time in prison for a violent crime. The defense argued that the victim approached the Defendant for sex, and due to the fact that the Defendant was raped while in prison, he lost control and shot the victim seven times. The Defendant was found guilty of Voluntary Manslaughter. It reaffirmed his belief that you will never know what a jury will do. (e) State v. Thomas Moose (DUI Trial). The Defendant, a 23-year-old sailor was charged with Driving Under the Influence. At trial, the defense argued successfully to have the BA result suppressed due to the police officer's failure to follow mandated procedures. The Defendant was found guilty. The case was appealed and conviction was upheld (Case No. 88-GS-08-695). This case was significant in two instances. On a personal note, this was his first jury trial before the Honorable Richard E. Fields. Secondly, what seemed to be a simple DUI trial, lasted for four days with the Defendant represented by an outstanding attorney, Reese Joye. 18. Five (5) civil appeals: None 19. Five (5) criminal appeals: None 28. Arrested or Charged: He was arrested in 1989 in the State of New Jersey for a gun/bullet violation. He had an emergency involving his sister's family (Elizabeth Moore). His sister requested that he come to the State of Connecticut as soon as possible to assist her son in a legal matter and also to assist them morally. He immediately left in his pickup truck, unaware that he failed to remove a registered weapon from the glove compartment of the vehicle. He was stopped for speeding and was asked to see his license and registration. Upon attempting to get his registration, he saw the weapon and immediately advised the trooper of the weapon's presence. He was advised that this was illegal and was booked and released. The matter was thrown out of court by the prosecutor due to the nature of the circumstances.
30. Tax Lien: 33. His health is excellent. His last physical examination was in April of 1989, by Dr. John Swicord, P. O. Box 907, Moncks Corner, South Carolina.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social and fraternal organizations: 42. Five (5) letters of recommendation:
(a) Donna M. Rhew, Branch President
(b) Rev. Albert Middleton
(c) Charles M. Condon, Solicitor
(e) George B. Bishop, Jr., Esquire
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED NO COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. WE HAVE CHECKED THE RECORDS OF THE HIGHWAY DEPARTMENT, BERKELEY COUNTY SHERIFF'S DEPARTMENT, MONCKS CORNER CITY POLICE DEPARTMENT, SLED, F.B.I., AND THE JUDGMENT ROLLS OF BERKELEY COUNTY; ALL OF THEM ARE NEGATIVE. FEDERAL COURT RECORDS SHOW NO JUDGMENTS OR CRIMINAL ACTIONS AGAINST YOU; AND I BELIEVE THERE'S ONE CIVIL ACTION BROUGHT AGAINST YOU, AS ASSISTANT SOLICITOR. IS THAT RIGHT?
SENATOR LOURIE: CAN WE OPEN THAT DOOR? WE'RE NOT IN EXECUTIVE SESSION; LET'S LET SOME AIR IN HERE.
CHAIRMAN POPE: BEFORE I START, FOR THE BENEFIT OF ALL Y'ALL, SINCE WE LAST INTRODUCED THE COMMITTEE MEMBERS, REPRESENTATIVE GLOVER IS HERE WITH US NOW, AND ALSO SENATOR McCONNELL, SO YOU'LL KNOW WHO THE COMMITTEE MEMBERS ARE. WHEREUPON, DANIEL E. MARTIN, SR., BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
1. Daniel E. Martin, Sr. Charleston, SC 29413
2. He was born in Bluffton, South Carolina, on April 14, 1932. He is presently 59 years old. 4. He was married to Ruby Mae Nesbitt in Charleston, South Carolina on April 16, 1960. He has two children: Daniel E., Jr., age 29 (attorney; part-time magistrate for the City of Charleston and in private practice with candidate); and Max Maurice, age 23 (presently applying for admission to law school). 5. Military Service: United States Army (active duty), October, 1955 to October, 1957. He obtained the Rank of Corporal. His Serial Number was ER 52 406 382. He served in the Active Reserve for two years and served on standby for two years and was Honorably Discharged on September 30, 1961. 6. He attended Allen University in Columbia, South Carolina from 1951 to 1954, where he received a Bachelor of Science in Health and Physical Education. He attended Howard University School of Law in Washington, DC, from 1954 to 1955. He was deferred from military service to attend college for four years and was called to the service in October of 1955. He did graduate studies at Wayne State University in Detroit, Michigan in 1958, in Shakespeare Major Plays and Contemporary British and American Drama; certified to teach in Michigan Public Schools. He attended the Math and Science Institute for High School Teachers at Claflin College in Orangeburg, South Carolina, during the summer of 1963. (Modern Mathematics) He received the Juris Doctor Degree from South Carolina State College in Orangeburg, South Carolina in May, 1966. 7. At Allen University, 1951 to 1954, he sang in the college choir, played saxophone in the marching band, was treasurer of Alpha Phi Alpha Fraternity and served on the school paper, "Yellow Jacket" Staff. At South Carolina State Law School, 1965, he served on the Moot Court Team, and their case was argued at the University of Virginia School of Law. 8. Legal/Judicial education during the past five years:
Insurance and Tort Law Update, September 6, 1991 9. Courses Taught: He lectured on Family Law Legislation at the Family Court Judges Conference held in Charleston, South Carolina in 1988. He lectured several times to senior citizens and church groups on the importance of having a Will, benefits for senior citizens and basic legal matters pertaining to the indigents and senior citizens. 12. Legal experience since graduation from law school: 1966-1968 In private practice with Attorney Richard E. Fields (now, Circuit Court Judge) 1968-1973 Director of the Neighborhood Legal Assistance Program for Charleston County - providing free legal services for the indigent 1974-1984 Part-time Assistant Solicitor for the Ninth Judicial Circuit and in the general practice of law 1984-present Elected to the House of Representatives and still in private practice
14. Frequency of appearances in court:
15. Percentage of litigation: 17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) State v. William A. Stokely, Criminal Action No. 80-1173, Spartanburg County. The local prosecutor did not feel comfortable prosecuting the case, and the Attorney General deemed it prudent to appoint him in an effort to ensure justice and fair play for all parties concerned. At the conclusion of the case, the family of the deceased as well as the community were pleased, even though the Defendant was acquitted.
(b) Mattie Graham, Administratrix of the Estate of Adrianne Graham, Deceased v. Charleston County School Board, Case No. 14483, 1974.
(c) Bernard Fielding v. The South Carolina Election Commission, et al., Supreme Court Opinion No. 23443, Filed July 23, 1991.
(d) The United States v. Larry Blanding, et al., Case No. 3:90-434. It was interesting to observe that after a two-week trial and a voluminous amount of exhibits, the jury took less time to deliberate than the judge took to charge them the law. (e) During his employment at the Neighborhood Legal Assistance Program, he participated in numerous lawsuits in the Federal Court in the successful effort to desegregate the housing projects in the City of Charleston, in revamping the Welfare Program in Charleston County and securing the Food Stamp Program for the indigent citizens of Charleston County. He doesn't recall the exact names of those cases. 18. Five (5) civil appeals: (a) Mattie Graham, Administratrix of the Estate of Adrianne Graham v. Charleston County School Board, Supreme Court Opinion No. 19801, Filed April 3, 1974.
(b) Bernard Fielding v. South Carolina Election Commission, Supreme Court Opinion No. 23443, Filed July 23, 1991. 19. Five (5) criminal appeals: None
22. Public Office: 24. Any Occupation, Business or Profession Other Than the Practice of Law: He headed the Physical Education Department at Wallace High School, Charleston, South Carolina, from 1959 to 1962. He taught Mathematics at W. Greshem Meggett High School, Charleston, South Carolina, from 1962 to 1963. 31. Sued: In 1990, he was named in a lawsuit by Patricia R. Schultz along with 17 other people, relative to a closing that he did for her on her home. The case is identified as Patricia R. Schultz v. Great Southern Builders of Charleston, Inc., et al., Court of Common Pleas for Charleston County, File No. 90-CP-10-2485. He was dismissed as a Defendant in this case by the Circuit Court and subsequently by the Supreme Court of South Carolina by Order dated July 18, 1991. No legitimate claim was lodged against him. In 1980, he was sued along with Benjamin Brooks by Ella Mae Buie, who fell while being in his office and injured her leg. Mr. Brooks was the owner of the building, and he was the tenant at the time. She sued them for $15,000.00, and the case was settled for $425.00, representing payment for medicals and filing fees. The case was identified as Ella Mae Buie v. Benjamin Brooks and Danny E. Martin, Charleston County Court of Common Pleas No. 79-CP-10-3207. 33. His health is very good. His last physical examination was on January 24, 1992, by Dr. G. T. Little, 2317 W. Palmer Drive, Charleston, South Carolina 29407. 34. Hospitalized: He was hospitalized for the removal of his appendix in St. Francis Xavier Hospital on December 2, 1987, and discharged December 15, 1987. The operation was a success.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social and fraternal organizations: 42. Five (5) letters of recommendation:
(a) Harold J. Petterson, Vice President
(c) Robert B. Wallace, Esquire
(d) Honorable Bernard R. Fielding
(e) Capers G. Barr, III, Esquire
Q WE'VE CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE; THEY REPORT NO FORMAL COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. HAVING CHECKED THE HIGHWAY DEPARTMENT RECORDS AND THE RECORDS OF CHARLESTON COUNTY SHERIFF'S OFFICE, CHARLESTON CITY POLICE DEPARTMENT, SLED, AND F.B.I., AS WELL AS THE JUDGMENT ROLLS OF CHARLESTON COUNTY, ALL OF THOSE RECORDS ARE NEGATIVE. THE FEDERAL COURT RECORDS ARE NEGATIVE. YOUR HEALTH, MR. MARTIN, IS STILL VERY GOOD?
CHAIRMAN POPE: AS WE HAVE SAID, Y'ALL ARE FREE TO LEAVE AT ANY TIME. I'M SURE THERE ARE SOME FOLKS STANDING, WHO WOULD LIKE YOUR SEATS IF YOU DO. THE NEXT POSITION WE WILL BE SCREENING FOR IS THE CIRCUIT AT LARGE, SEAT #5. WE'VE GOT SIX PEOPLE TO SCREEN AND WE ARE PROCEEDING ALPHABETICALLY. MR. GARY CLARY WILL BE THE FIRST PERSON. IF YOU WOULD, PLEASE COME AROUND.
WHEREUPON, GARY E. CLARY, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q HAVE YOU HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. Gary E. Clary Gaffney, SC 29342
2. He was born in Gaffney, South Carolina (Cherokee County) on January 5, 1948. He is presently 44 years old. 4. He was married to Patricia Mae Brumbach on September 5, 1970. He has two children: Patricia Adair, age 16; and Lawson Brumbach, age 12. 5. Military Service: United States Air Force Reserve; August, 1968 through November, 1969; ROTC Cadet; ***-**-*****; Honorable Discharge. 6. He attended Clemson University, August, 1966 through May, 1970, Bachelor of Arts; and the University of South Carolina, August, 1971 through May, 1974, Juris Doctor. 7. In college he was selected Who's Who in American Colleges and Universities, 1969-1970; Tiger Brotherhood; Student Body Vice-President; Sports Editor, THE TIGER, Student Newspaper; Student Senate; and South Carolina State Student Legislature.
8. Legal/Judicial education during the past five years:
9. Courses Taught: He was Adjunct Professor of Business Law, Limestone College, Gaffney, South Carolina, with teaching responsibilities in general business and commercial law. 1991-Present Currently, he is engaged in private practice as a sole practitioner. His areas of emphasis include administrative, worker's compensation, insurance, public utility, hospital and health care, corporate, real estate law, and civil and criminal trials. He is experienced in complex contract drafting and negotiation, construction arbitration, and trial and appellate practice in state and federal courts. In the hospital and health care field, he is experienced in certificates of need, physician contracts, and medical staff/peer review issues. He has extensive experience in the area of worker's compensation and insurance matters as plaintiff and defense counsel. He is currently counsel for a public utility and experienced in regulatory matters concerning wastewater, water and power with appearances before the S. C. Department of Health and Environmental Control, the S. C. Public Service Commission and the United States Environmental Protection Agency. 1975-1991 He was engaged in private practice as an associate of J. P. Askins, Hemingway, South Carolina (1975-1976); a sole practitioner in Gaffney, South Carolina (1976-1980); and as a partner in the firm of Hall, Daniel, Winter and Clary, Gaffney, South Carolina (1980-1991). His areas of emphasis included administrative, worker's compensation, hospital and health care law, corporate, real estate law and civil and criminal trials. 1976-1986 Adjunct Professor of Business Law, Limestone College, Gaffney, South Carolina, with teaching responsibilities in general business and commercial law. 1974-1975 Minority Counsel, United States Senate Judiciary Subcommittee on Internal Security and Legislative Assistant to United States Senator Strom Thurmond, Washington, D.C. Duties performed included legal counsel, management of all Judiciary Committee responsibilities and preparation of speeches and position papers. 1972-1974 Law Clerk, South Carolina Attorney General, Columbia, South Carolina. As a law student, his duties included legal research and preparation of opinions for staff attorneys. (Part-time law school employment)
14. Frequency of appearances in court:
15. Percentage of litigation:
16. Percentage of cases in trial courts: 17. Five (5) of the most significant litigated matters in either trial or appellate court: (a) State v. Tanner. In 1976, he served as co-counsel for the Defendant who was charged with night hunting of deer. Due to the serious penalties involved regarding the confiscation and forfeiture of property used in connection with the charge, this case was significant in that the not guilty verdict was the first one returned in favor of a defendant in more than 20 years. (b) Thomas v. Bryson Chevrolet Olds, Inc., (80-CP-11-82). This was an action wherein the Plaintiff alleged misrepresentation in the purchase of an automobile from the Defendant. The Plaintiff alleged that he signed a blank installment contract and related documents which resulted in him paying substantially more than the parties had agreed upon. As attorney for Defendant, he relied upon the case law of the State which does not allow an individual to void a contract upon the ground he did not read the contract or that he took another party's word as to what it contained. This case was significant in that the Defendant received a directed verdict at the conclusion of the Plaintiff's case. (c) Sossamon Construction Company v. General Signal, a Division of BIF Corporation, (81-CP-11-304) JR 15,472. This was a very complicated case in which the Plaintiff alleged the Defendant had failed to supply in a timely manner certain valves and related equipment in the construction of an elevated water tank. The Defendant counterclaimed alleging that all equipment had been properly supplied and that any delays were the fault of the Plaintiff. The Defendant's counterclaim further alleged that the Plaintiff had not paid for the equipment received. During the course of the trial, the officers of the Plaintiff corporation admitted on cross examination that they owed the Defendant for the goods delivered. This case was significant in that the small verdict returned for the Plaintiff due to delays in shipment was offset by the Defendant's counterclaim, and resulted in his client obtaining a $12,000 judgment against the Plaintiff. (d) Hambright v. Peeler, (82-CP-11-68) JR 15,810. This case involved a boundary line dispute between the Plaintiff and the Defendant. This case was significant in that the line in question had been in dispute for a number of years and involved a tremendous amount of work and research in preparing for trial. The jury verdict affirmed his client's position as to the true location of the property line. (e) Newton v. Clement Brothers, (84-CP-11-84). In representing the Plaintiff in this worker's compensation case, a novel issue was presented to the Court. Plaintiff contended that a severe leg injury was causally related to his subsequent heart attack five days after surgery to his leg. A single commissioner held there was no causal relationship. The full commission overturned the single commissioner's decision. The matter was appealed to the Circuit Court where the Circuit Court affirmed the full commission's decision in favor of the worker. This matter was appealed to the Supreme Court but was settled prior to arguments. 18. Five (5) civil appeals: (a) Roper Hospital v. South Carolina Department of Health and Environmental Control and St. Francis Xavier Hospital, Op. No. 23490 (S. C. Sup. Ct. filed October 7, 1991). (b) In re: Zaman, 329 S.E. 2d 436, 285 S.C. 345 (Sup. Ct. 1985). (c) National Health Corporation d/b/a National Health Care Center of Charleston, Appellant v. South Carolina Department of Health and Environmental Control, North Charleston Convalescent Center, Inc., and Cadam Corporation d/b/a Southeastern Geriatric and Rehabilitation Hospital, Respondents. (S.C. Ct. App. not reported) (87-CP-40-4387). Settled prior to final hearing. 19. Five (5) criminal appeals: None 24. Any Occupation, Business or Profession Other Than the Practice of Law: Sales Representative, Georgia Pacific Corporation, August, 1970 through August, 1971 Minority Counsel, United States Judiciary Subcommittee on Internal Security and Legislative Assistant to United States Senator Strom Thurmond, Washington, D.C. Duties performed included legal counsel, management of all Judiciary Committee responsibilities and preparation of speeches and position papers, 1974-1975 27. Financial Arrangement or Business Relationships: He is a joint owner of a lot of real estate located in Gaffney, South Carolina, with two former law partners. This ownership could present a potential conflict of interest which could be resolved by selling his interest in the real estate. Further, since he has been actively involved in the practice of law for approximately 16 1/2 years, he feels potential conflicts could occur in hearing matters involving former clients. He would propose to reveal his previous representations of any parties to any attorneys and clients involved in litigation to determine any possible conflicts of interest. He currently rents office space to an attorney. In order to avoid any conflict of interest, this lease arrangement would be terminated. 31. Sued: He has never been sued professionally. In 1989 in the State of Texas, he was sued individually while serving as a member of the Board of Directors of a small, closely held corporation. The Plaintiffs in the action owned 42.5% of the common stock of the corporation. In the complaint, the Plaintiffs alleged mismanagement of the corporation and requested the appointment of a receiver and preliminary injunction due to financial problems of the corporation. The company was placed in bankruptcy, and no action was pursued by the Plaintiffs in the suit which was filed on February 24, 1989. He has been represented by Brooke Farnsworth, Esquire, 333 North Belt, Suite 300, Houston, Texas 77060. Mr. Farnsworth's telephone number is 713-931-8902. The corporation was operated by a co-Plaintiff and Victoria Clary, his sister-in-law, who also owned 42.5% of the stock. To his knowledge, the Plaintiffs have never attempted to pursue this cause of action since filing, and it appeared to be a frivolous action at the time it was filed. 33. His health is excellent. His last physical examination was in October of 1990 by Dr. Charles P. Stroup, 1341 N. Limestone Street, Gaffney, South Carolina 29341. 35. He wears corrective lens, but suffers from no impairment of his eyesight as it is fully corrected.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social and fraternal organizations: 41. During his law practice, he has been involved in a wide range of cases involving many areas of the law. The variety of his practice has enabled him to be familiar with a wide range of problems which are not limited to one or two particular areas. Further, he believes he has the necessary traits of character which would be beneficial to him in serving in this position. 42. Five (5) letters of recommendation:
(a) Barry S. Morgan, Vice President and City Executive
(b) Dr. J. W. Sanders, Sr.
(c) H. Fulton Ross, Jr., Esquire
(d) Jack E. Millwood
(e) Charles P. Stroup, M.D.
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED NO FORMAL COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. WE'VE CHECKED RECORDS AT THE HIGHWAY DEPARTMENT, CHEROKEE COUNTY SHERIFF'S OFFICE, GAFFNEY CITY POLICE DEPARTMENT, SLED, F.B.I., AND THE JUDGMENT ROLLS OF CHEROKEE COUNTY, AS WELL AS THE FEDERAL COURT RECORDS, AND ALL OF THOSE ARE NEGATIVE. YOU INDICATED IN YOUR QUESTIONNAIRE THAT YOU HAD A SUIT AGAINST YOU IN WHICH YOU WERE A NAMED PARTY. WOULD YOU TELL US ABOUT THAT?
CHAIRMAN POPE: THE NEXT APPLICANT IS MR. T. LOUIS COX.
WHEREUPON, T. LOUIS COX, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q YOU'VE REVIEWED THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. T. Louis Cox Spartanburg, SC 29304
2. He was born in Greenville, South Carolina, on January 22, 1929. He is presently 63 years old. 4. He was married to Edith Livesay G. Cox in 1958. He and his wife have been separated for approximately 15 years. He has two children: Angel J., age 30 (employed at Theatre Productions, New York, New York); and Chris, age 21. 5. Military Service: U. S. Navy; 1946-1949; Electrician 3rd Class; Honorable Discharge 6. He attended Spartanburg Methodist College, 1951-1952, transferred to Wofford College; Wofford College, 1952; Cumberland University School of Law (now Samford University), 1952-1953, transferred to University of South Carolina Law School; University of South Carolina Law School, 1954, LL.B. (changed to J.D. in 1970). 7. He was a member of the Legal Honor Society, Cumberland School of Law (now Samford University School of Law), 1952-1953.
8. Legal/Judicial education during the past five years: 9. Courses Taught: He taught Criminal Justice courses at Spartanburg Methodist College from July 1, 1971 to present; teaching primarily in-service police officers and other law enforcement personnel. 12. Legal experience since graduation from law school: 1955 until 1969, general practice of law - civil, criminal and domestic 1969 to present - Spartanburg County Public Defender (part-time); private practice of civil, domestic and bankruptcy (part-time)
14. Frequency of appearances in court:
15. Percentage of litigation:
16. Percentage of cases in trial courts: 17. Five (5) of the most significant litigated matters in either trial or appellate court: (a) State v. Trent, 234 S.C. 26, 106 S.E. 2d 527. This case involved the taking of notes by jurors on the Judge's charge and on the testimony. (b) State v. Worthy, 239 S.C. 449, 123 S.E. 2d 835. This case involved the Judge's charge on mercy. The Supreme Court decided that a jury could return a verdict recommending a defendant to mercy without any evidence on which to base their decision. In other words, the jury could recommend mercy in a death penalty case without any evidence to proceed, merely grant mercy because they wanted to do so. (c) State v. Griffin, 262 S.C. 447, 205 S.E. 2d 186. This case involved anticipatory search warrants. The Magistrate could issue a search warrant based on probable cause if the police could swear that an automobile containing narcotic drugs would be at a certain place at a certain time. (d) State v. Johnny Ray High, Spartanburg County General Sessions Court. Defendant was last seen with the deceased person, and his billfold was found a few feet from the body. The body had been stabbed several times and left on a dirt road. The defendant was found not guilty. (e) Eastern Business Forms, Inc. v. James E. Kistler. This case involved the "Blue Pencil Theory" in an employment contract case and held that a judge could not rewrite a contract for the parties. 18. Five (5) civil appeals: (a) Eastern Business Forms, Inc. v. James E. Kistler, 258 S.C. 429, 189 S.E. 2d 22. (b) Juanita Coker v. United Insurance Co. of America, 247 S.C. 271, 146 S.E. 2d 868.
(c) Sandra Welchel, et al. v. Geddes C. Boyter, et al., 196 (d) Wen Chow International, Inc. v. J. J. Lawter Plumbing, 331 S.E. 2d 789, 286 S.C. 49. (e) Mitchell Supply Co. v. Beverly E. Gaffney, et al., 375 S.E. 2d 321, 297 S.C. 160. 19. Five (5) criminal appeals: (a) State v. Trent, 234 S.C. 26, 106 S.E. 2d 527. (b) State v. Worthy, 239 S.C. 449, 123 S.E. 2d 835. (c) State v. Griffin, 262 S.C. 447, 205 S.E. 2d 186. (d) State v. Mallory, 270 S.C. 519, 242 S.E. 2d 693. Since 1978, all his criminal appeals have been handled by the Appellate Board in Columbia.
22. Public Office: 25. Officer or Director: He is presently vice-president of Spartan Investors, Inc. This is an investment group comprised of three other lawyers and one outside individual.
27. Financial Arrangement or Business Relationships: 33. His health is excellent. His last physical examination was on December 6, 1991, by Dr. D. Mark Hicklin, 391 E. Henry Street, Spartanburg, South Carolina 29302. 34. Hospitalized: He had a hemorrhoidectomy approximately four years ago. He was incapacitated only two weeks. 35. He wears glasses for reading. 36. He takes medication for Diabetes Type II. He is treated by Dr. D. Mark Hicklin, 391 E. Henry Street, Spartanburg, South Carolina 29302.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social and fraternal organizations: 41. Considering his 37 years of experience in trial work of civil and criminal cases, he feels that he could make a contribution in clearing up the congested dockets in Spartanburg County and other counties. His teaching of criminal law, primarily police and probation officers, for the past 21 years has given him an incite into law enforcement and criminal law at different levels. 42. Five (5) letters of recommendation:
(a) John T. Poole, Jr., Vice President
(b) Charles E. Sanders
(c) Larry D. Smith
(d) Dwight F. Patterson, Jr., Esquire
(e) David E. Turnipseed, Esquire
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED NO COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. THE RECORDS OF THE HIGHWAY DEPARTMENT ARE NEGATIVE. WE CHECKED ALSO WITH SPARTANBURG COUNTY SHERIFF'S OFFICE, SPARTANBURG CITY POLICE DEPARTMENT, SLED, F.B.I., THE JUDGMENT ROLLS OF SPARTANBURG COUNTY, AND THOSE ARE NEGATIVE. I DID HAVE A QUESTION ABOUT THE JUDGMENT ROLLS OF SPARTANBURG COUNTY, BECAUSE THE INDEX SHOWED SOME ACTIONS HAD BEEN BROUGHT. CAN YOU TELL US ABOUT THOSE?
Q TELL ME A LITTLE ABOUT SPARTANBURG BAR'S ENDORSEMENT. HOW DO THEY ARRIVE AT THAT, OR HOW DO THEY GO ABOUT THAT PROCESS?
CHAIRMAN POPE: THE CLERK OF THE SENATE HAS PUT SOMEBODY IN THE BALCONY TO MONITOR WHAT'S GOING ON AND REPORT TO US WHENEVER WE'RE NEEDED.
WHEREUPON, THOMAS P. CULLEN, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q HAVE YOU HAD A CHANCE TO REVIEW YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. Thomas P. Cullen
2. He was born in Jersey City, New Jersey, on July 11, 1939. He is presently 52 years old. 4. He was married to Rony Castiglioni on September 1, 1990. He has five children: Tammy Lynn, age 29 (sales clerk); Thomas P., II, age 27 (forklift driver); John L., age 25 (carpet installer); Joselyn Perley, age 14 (student, seventh grade, stepchild); and Daniel Perley, age 11 (student, fifth grade, stepchild). 5. Military Service: June 1, 1961 to March 15, 1963; 2LT, A03118643; Honorable Discharge 6. He attended The Citadel, Charleston, South Carolina, September, 1957 to June, 1961, BA in Political Science; the University of South Carolina School of Law, Columbia, South Carolina, September, 1968 to June, 1971, JD; and The Citadel, Charleston, South Carolina, August, 1985 to May, 1987, Med.
7. In college he was a member of Phi Sigma Alpha and the National Political Science Honor Society. In law school he was a member of the Phi Alpha Delta Law Fraternity. 10. Published Books or Articles:
How to do Your Own Uncontested Divorce
How to do Your Own Bankruptcy 12. Legal experience since graduation from law school: Attorney Advisor, Interstate Commerce Commission, 1971-1976. Wrote decisions for Commissioners as a Division of the Commission. Sole practitioner, North Charleston, South Carolina, 1987 to present. Primary areas of practice - Family Law and Bankruptcy - with some Real Estate, Corporate and Criminal Law.
14. Frequency of appearances in court:
15. Percentage of litigation:
16. Percentage of cases in trial courts: 17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Harold Wildman Phyliss Wildman d/b/a Wildman Express Wildman Produce, 91-02853.
(b) Metzger v. Duncan, 91-DR-08-604.
23. Unsuccessful candidate:
24. Any Occupation, Business or Profession Other Than the Practice of Law:
30. Tax Lien or Other Collection: 33. His last physical examination was on December 25, 1991, by Dr. Benjamin K. McInnes, 9275 Medical Plaza Drive, North Charleston, South Carolina 29418. 35. He wears a hearing aid.
39. Bar Associations and Professional Organizations: 42. Five (5) letters of recommendation:
(a) Kathleen R. Cowart, Assistant Vice President
(b) Horace E. Curry, Jr.
(c) Clarke W. Olson
(d) Raymond Nester
(e) Ronald L. Nester, Sr.
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS THERE ARE NO FORMAL COMPLAINTS THAT HAVE EVER BEEN FILED AGAINST YOU. THE RECORDS OF THE HIGHWAY DEPARTMENT, CHARLESTON COUNTY SHERIFF'S OFFICE, CHARLESTON CITY POLICE DEPARTMENT, SLED, AND F.B.I. ARE NEGATIVE. JUDGMENT ROLLS OF CHARLESTON COUNTY ARE NEGATIVE. FEDERAL COURT RECORDS ARE NEGATIVE. WHAT ABOUT YOUR HEALTH, MR. CULLEN? I DON'T THINK THERE IS ANYTHING ON THE REPORT ABOUT THAT.
Q I NOTICE IN YOUR PERSONAL DATA QUESTIONNAIRE THAT YOU WEAR A HEARING AID. IS THAT CORRECT? TELL US ABOUT YOUR HEARING.
Q HAVE YOU EVER BEEN IN A GROUP OR PARTNERSHIP? YOU ARE A SOLE PRACTITIONER NOW; IS THAT CORRECT?
Q WHAT DO YOU THINK ABOUT THE IMPORTANCE OF JUDICIAL TEMPERAMENT, MR. CULLEN?
Q (BY CHAIRMAN POPE) ALL RIGHT. DO YOU HAVE ANYTHING ELSE TO ADD, MR. CULLEN?
CHAIRMAN POPE: NEXT IS THOMAS DILLARD.
WHEREUPON, THOMAS C. DILLARD, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q LET'S SEE. MR. DILLARD, YOU WERE SCREENED ABOUT THREE MONTHS AGO, FOUR MONTHS AGO.
1. Thomas C. Dillard
2. He was born in Whitmire, South Carolina on October 23, 1942. He is presently 49 years old. 4. He was married to Brenda R. Dillard on October 19, 1986. He was previously divorced on July 13, 1984, on the grounds of one year's separation. Thomas C. Dillard was the moving party. He has three children: Anna Ruth, age 26, (R. N., Baptist Hospice); Deborah S. Maness, age 27, (Production Assistant, Felter's Inc.); and Hope S. Davis, age 25, (Secretary, Cone Mills). 5. Military Service: None. 6. He attended Newberry College from l961-1963 and from 1968-1970, B.A. (He left school in 1963 to work and returned in 1968); and the University of South Carolina School of Law, 1971-1973, J.D. 7. He worked full time while attending college.
8. Legal/Judicial education during the past five years: 12. Legal Experience since graduation from law school: 1973-1981 Associate with Robert C. Lake, Jr. - General Civil and Criminal Practice 1981-1986 Sole Practitioner at Union, South Carolina - General Civil and Criminal Practice 1986-present Spartanburg County Assistant Public Defender, Criminal Practice
14. Frequency of appearances in court:
15. Percentage of litigation: Since 1986, 100% Criminal
16. Percentage of cases in trial courts: Sole Counsel 17. Five (5) of the most significant litigated matters in either trial or appellate court: (a) State v. Sole Dowlinton - Tried for murder. After two days, the trial jury returned a verdict of guilty of voluntary manslaughter. He was sentenced to three years. It was significant, because he was able to convince a jury that the Defendant had no malice. (b) State v. Margarito Guiterrez - Tried for murder. He was able to have most of the State's evidence excluded during the trial. After the State rested its case, they agreed to let the Defendant plead to involuntary manslaughter which reduced the Defendant's sentence from life to three years. (c) Nickey B. Toby v. Secretary of Health and Human Services. This was a case which he carried from the Administrative Level to the U. S. District Court on Appeal. This case was significant because of the time involved to secure the Claimant's retroactive benefits. From the time of filing to the last appeal was seven years. (d) State v. Jerry Wood - Tried for murder. This case was significant as it gave him more experience in trying felony cases. (e) State v. Richard Longworth - Tried for capital murder. This case was significant in giving him experience in trying death penalty cases. 18. Five (5) civil appeals: As a Public Defender, all appeals are handled by the Office of Appellate Defense. The last appeal in which he participated was more than ten years ago when he was an associate with Robert C. Lake, Jr. 20. Judicial Office: 1981-1986 Judge, Town of Whitmire Municipal Court. He was appointed by the Town Council. It was limited to crimes which carried maximum penalty of 30 days or $200.
24. Any Occupation, Business or Profession Other Than the Practice of Law:
27. Financial Arrangement or Business Relationships: 30. Tax Lien: South Carolina tax liens were filed in 1983. The liens were paid in 1983. 33. His health is good in general. He has mild angina which is familial and which is controlled by medication. His last physical was in March of 1988 by Dr. E. J. Dickert, Kinard Street, Newberry, South Carolina 29108. 36. Current Treatment for Illness or Physical Condition: He is presently taking Inderal for high blood pressure. He was diagnosed for mild angina in 1976.
39. Bar Associations and Professional Organizations:
40. Civic, Charitable, religious, educational, social and fraternal organizations: 41. He has been placed on the Register to be eligible for an appointment to Administrative Law Judge with the Federal Government. To be placed on the registry, he was rated on experience, references, written exam, personal interview and FBI check for security clearance. 42. Five (5) letters of recommendation:
(a) O. Dennis Campbell, Vice President and Trust Officer
(b) Charles W. Jones, Esquire
(c) Gerald G. Wilson, Esquire
(d) David E. Turnipseed, Esquire
(e) H. Carlisle Bean, Esquire
Q THE REPORT FROM THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS HAVE BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS AND THE RECORDS OF SPARTANBURG COUNTY SHERIFF'S OFFICE, SPARTANBURG CITY POLICE DEPARTMENT, SLED, AND THE F.B.I. ARE ALL NEGATIVE. THE JUDGMENT ROLLS OF SPARTANBURG COUNTY ARE NEGATIVE. FEDERAL COURT RECORDS SHOWED A SUIT AGAINST YOU WHEN YOU WERE ON THE BOARD OF TRUSTEES OF NEWBERRY COUNTY MEMORIAL HOSPITAL. THAT WAS DISMISSED, I BELIEVE.
CHAIRMAN POPE: MS. MARTHA McELVEEN HORNE.
WHEREUPON, MARTHA McELVEEN HORNE, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q MS. HORNE YOU WERE ALSO SCREENED DECEMBER 5TH, I THINK, OF 1991.
1. Martha McElveen Horne
2. She was born in Sumter, South Carolina, on December 4, 1953. She is presently 38 years old. 4. She was married to Terrell Thomas Horne on May 21, 1983. She has one child: Elizabeth McElveen, age 3. 5. Military Service: None 6. She attended Clemson University at Sumter, 1971-1973 (transfer to University of South Carolina); the University of South Carolina, B.A., May, 1975, cum laude; and the University of South Carolina School of Law, J.D., May, 1978. 7. In law school she was a law clerk with the South Carolina Attorney General's Office, 1976-1978; Phi Delta Phi Legal Fraternity, 1976-1978; and Law School Graduation Committee, 1978. 8. Legal/Judicial education during the past five years: 1983-1990 Attended the annual three-day Solicitors' Conference Seminars each year 1984 Completed Northwestern University Law School's 39th Annual Short Course for Prosecuting Attorneys 1985 South Carolina Bar "Child Sexual Assault Seminar" and "Criminal Trial Advocacy"; Attorney General's Office "Civil Forfeiture Seminar" and "Law Enforcement Leadership Conference" 1986 South Carolina Bar Seminar on "Law and the Art of Living" 1987 South Carolina Bar Seminar "Personal Financial Considerations for Lawyers"; South Carolina Bar Trial and Appellate Advocacy Section Seminar "How to Win Your Case before the Evidence is Presented"; South Carolina Bar Criminal Law Section Seminar "Homicide, Criminal Sexual Conduct, Mitigation of Assault Cases, and Death Penalty Update"
1988 South Carolina Bar Seminar "How to Deal with the Press"; South Carolina Bar Employment and Labor Law Seminar 1991 "Reducing the Risks of Law Enforcement Operations" three-day course at the South Carolina Criminal Justice Academy with emphasis on City of Canton v. Harris civil lawsuits; South Carolina Bar Employment and Labor Law/Military Law Section Seminar on Employee Handbooks, Disclaimers, Reemployment of Veterans and Related Issues; South Carolina Bar Criminal Law Section BAC Data Master Seminar 9. Courses taught of lectures given: April, 1989: Speaker on Evidence and Trial Preparation at the South Carolina Council on Welfare Fraud Conference 1983-1991: Sumter County Reserve Officer Training Class Instructor. Courses taught include Constitutional Law, Evidence and Testifying in Court 1985-1990: Paralegal and Criminal Justice Instructor at Sumter Area Technical College. Courses taught include Torts, Workmen's Compensation, Professional Responsibility, South Carolina Legal Systems, Criminal Law, Juvenile Law, Domestic Law, and Government 10. Published Books or Articles: 1986-1987: Domestic Violence Handbook, Published by the South Carolina Bar Young Lawyers Division Committee on Spouse Abuse of which she was a member. The project was conceived by her and the approved American Bar Association (ABA) grant request was prepared by her. The publication won an ABA First Place Public Service Award and is still being used by service providers.
June, 1986: Ethical Considerations, Published by the Disciplinary Newsletter Committee of the South Carolina Bar Young Lawyers Division of which she was Chairman and Editor. 12. Legal experience since graduation from law school:
Judicial Research Aide, Circuit Court
State Attorney
Assistant Attorney General
Assistant Solicitor, Third Judicial Circuit
Deputy Solicitor, Third Judicial Circuit
Part-Time Instructor, Criminal Justice and Paralegal Programs
Sumter County Prosecutor
Assistant Solicitor, Third Judicial Circuit
Attorney at Law
Prosecuting Attorney for the City of Sumter
Attorney and Legal Advisor, City of Sumter Police Department
14. Frequency of appearances in court:
15. Percentage of litigation:
16. Percentage of cases in trial courts: 17. Five (5) of the most significant litigated matters in either trial or appellate court: (a) State v. Edmundo Rodriguez, 279 S.C. 106, 302 S.E. 2d 666 (1983). State Appellate Counsel. The case addressed state jurisdiction over federal land and whether the South Carolina Code Section 16-17-490, contributing to the delinquency of a minor, requires proof that Defendant's conduct caused the victim to willfully injure her morals. (b) State v. James Paul Lilly, 278 S.C. 499, 299 S.E. 2d 329 (1983). State Appellate Counsel. Case of first impression declaring possession with intent to distribute marijuana a crime of moral turpitude. (c) State v. Alfred Augustus Green aka Muhammad Isa Muniyr and Nathaniel Zuell aka Islam Zuell, 83-GS43-703 (Judgment Roll Number 14974). Sole trial counsel for State. Defendants were convicted in April, 1984, of armed robbery and conspiracy. According to a non-indicted, testifying Co-Defendant, Defendants were the leaders of a Muslim gang responsible for a number of Sumter armed robberies and were apprehended on their way to a planned armed robbery. The trial involved working with the testifying Co-Defendant and numerous eyewitnesses as well as preparation of expert witnesses. It also involved unique Fourth Amendment search and seizure motions as to the admissibility of the gun and other evidence seized on the date of their apprehension. The Defendant Green's internal FBI sheet reflected numerous New York arrests for violent crimes with no convictions (i.e., assault on a police officer, armed assault, armed robbery, etc.). The Defendants were hostile toward the Court and law enforcement throughout the trial. Because of their religious beliefs, they were particularly hostile toward a woman prosecutor. It was significant to the safety of the Sumter community and law enforcement in general to obtain this conviction. Convictions were affirmed pursuant to Supreme Court Rule 23. (d) State v. Calvin Stansbury, 86-GS43-508. (Judgment Roll Number 16347). Sole Trial Counsel for State. Defendant, a convicted child molester, was charged with molestation of the 2 1/2 year old granddaughter of his girlfriend. The incident was alleged to have occurred at grandmother's home. When the child returned home, she complained to her mother of the attack. The case involved preparation of an extremely non-verbal toddler, res gestae testimony of mother, and expert medical testimony from Charleston, South Carolina child abuse expert Sara Schuh, M.D. The State had an uphill battle because of the child's limited ability to explain what happened and the time lapse between outcry and the offense. (It was the State's position that she was too young to fabricate her complaint, that she could not give outcry to the grandmother/girlfriend who was seated at defense table during trial and listed as a defense witness, and that expert medical testimony substantiated the abuse.) Extensive pre-trial motions and in camera testimony from the child and her mother resulted in favorable rulings as to competence and res gestae admissibility. However, at the conclusion of the State's case, the Court reversed its previous rulings and directed a verdict in favor of the Defendant. She believes that statewide attention afforded this directed verdict contributed to significant legislative changes that have improved the courtroom for child victims while preserving the constitutionally protected rights of criminal defendants. She also believes this is a good example of the difficult decisions that our trial courts face each day. (e) State v. Walter Brunson and Chris Idlett, 90-GS43-508. Sole Trial Counsel for State. These 17-year old Defendants were convicted of possession of crack cocaine with intent to distribute. Both Defendants had juvenile records and were reportedly members of a group that calls itself "The Sumter Junior Black Mafia." While on bond and awaiting trial for this offense, Idlett participated in unprovoked gun-play at a Lee County night club that resulted in the death of a young woman. While on bond and awaiting trial for this offense, Brunson was caught with an adult cooking crack in a known crack house. It was clear from the Defendants' actions while on bond and their courtroom demeanor that they believed that their youth would protect them from criminal accountability. This successful prosecution assisted in the disposition of the Lee County murder charges. It also sent a message to the young people of the community who have "bought" the adult drug dealers' line that young people will not be held accountable for selling drugs. Perhaps this will compel some young person to reevaluate the risks associated with the big money promised for drug dealing. After conviction, the Court sentenced the Defendants to 15 years each. The convictions have been affirmed, but the cases were remanded for resentencing consideration. Each Defendant received youthful offender incarceration on October 8, 1991. 18. Five (5) civil appeals: She has handled numerous criminal appeals during her two-year tenure as an Assistant Attorney General assigned to the Criminal Appeals Division and has taken the liberty of listing five of these published opinions under Question 19. Also, her duties as Judge Finney's Judicial Research Aide and as an Attorney General Student Law Clerk required extensive research, brief writing, and trial preparation in both civil and criminal matters. Her current responsibilities as a City Attorney and as Executive Chairman of the South Carolina Bar Resolution of Fee Disputes Board requires knowledge and use of both civil and criminal law. 19. Five (5) criminal appeals: (a) In the Interest of Jessie Smith, 277 S.C. 187, 284 S.E. 2d 586 (1981): Res Gestae Ruling.
(b) State v. Barrett and Olson, 278 S.C. 92, 292 S.E. 2d 590 (1982) cert. den. (c) State v. Sloan, 278 S.C. 435, 298 S.E. 2d 92 (1982): Death Penalty Appeal.
(d) State v. Donald Ray Perry, 278 S.C. 490, 299 S.E. 2d 324 (1983) cert. den. (e) State v. Dean, et al., 282 S.C. 136, 317 S.E. 2d 744 (1984): Appeal from Trafficking Conviction on arrest/search and seizure issues. 22. Public Office: 1979-1983: Appointed to serve as State Attorney and Assistant Attorney General at the Office of the South Carolina Attorney General. Primary responsibilities were to the Child Support Division (1979-1981) and the Criminal Appeals Division (1981-1983). She also served as counsel to a number of boards and agencies, including the Commission on Women, the South Carolina Board of Cosmetology, and the South Carolina Children's Bureau. 1983-1990: Appointed to serve as Third Judicial Circuit Assistant Solicitor 1987-1990: Appointed by Sumter County Council to serve as County Prosecutor for jury trials in Magistrate Court 1988-present: Appointed by Sumter City Council to serve as City Prosecutor for City Court jury trials
23. Unsuccessful Candidate: In 1991-1992, she filed and was qualified by the Joint Screening Committee for a Third Judicial Circuit Court judgeship. She withdrew her name prior to the election on
24. Any Occupation, Business or Profession Other Than the Practice of Law: 25. Officer or Director: (1) SAFE (Shaw Air Force Employees) Federal Credit Union Board of Directors. (2) Fifth Congressional District Representative on the South Carolina Bar Board of Governors, term expiring June, 1993. (3) American Red Cross Sumter County Chapter Board of Directors, term expiring 1992. (4) 1991-1992, Sumter United Way Campaign, Professional Donations Chair. (5) Sumter Crimestoppers Board (ex-officio, non-expiring).
27. Financial Arrangement or Business Relationships: 31. Sued: One case was reported on the SLED report dated October 17, 1991. She was not served or noticed at the time the cases were filed and learned of these lawsuits during the judicial screening noted at Question 23. The civil actions stemmed from the successful prosecution of an armed robbery and conspiracy case against the Plaintiffs. Details of the criminal case are provided at Question 17(c). 33. Her health is good. Her last physical examination was August 5, 1991 with Dr. James Stands, Palmetto Ob/Gyn Associates, P.A., 1333 Taylor Street, Columbia, South Carolina, 254-1300. 34. Hospitalized: Her only hospitalization or over ten-day absence from work was hospitalization and maternity leave related to the birth of her daughter in 1988. 35. She wears contact lens/eyeglasses.
39. Bar Associations and Professional Organizations: 41. She believes that the court system should serve the people. She also believes that every lawyer or litigant who comes before the court is entitled to as much courtesy, consideration and respect as the situation and the people involved will allow. The powers afforded a judge are not to be arbitrarily invoked. These powers are not for the personal whim of the court but for the purpose of promoting fairness, order and equality in the courtroom. She believes in representative government. The judiciary is a separate and equal branch of government. Currently only one of the 40 Circuit Court judges is a woman. She believes that the judicial system should address the needs of society. The current backlog in Criminal Court suggests that there is a need for judges with a strong background in criminal law. She has focused on the criminal courtroom at both the appellate and lower levels. She believes that her experiences as a prosecutor has prepared her for the awesome responsibility of making decisions that will affect the lives of individuals and society as a whole. Her experiences as a courtroom attorney and as a prosecutor also have enforced her belief that our courts must function in a manner that promotes justice and respect for the legal rights of all citizens -- victims, witnesses, Plaintiffs and Defendants. Judges must carefully guard against any conduct that may suggest partiality. Judges must also guard against conduct that treats the time and needs of jurors, litigants and lawyers in a cavalier or callous manner. A judgeship carries with it a commitment to serve the public in fact and in appearance. As a lawyer, she has devoted her career to public service. She also devotes a great deal of personal time to volunteer work for her profession and community. As a public servant, she is well aware of the commitment and sacrifice involved in an appointment to the bench. She believes that service as a judge is the pinnacle of public service and very much wants to serve her state and its citizens in this capacity. 42. Five (5) letters of recommendation:
(a) Don F. Teseniar, President
(b) I. S. Leevy Johnson, Esquire
(c) S. Anne Walker, Executive Director
(d) Howard P. King, Esquire
(e) Marie A. Hodge
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED NO COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. IN CHECKING THE RECORDS OF THE HIGHWAY DEPARTMENT, SUMTER COUNTY SHERIFF'S OFFICE, SUMTER CITY POLICE, SLED, AND F.B.I., THOSE RECORDS ARE ALL NEGATIVE. THE JUDGMENTS ROLLS OF SUMTER COUNTY ARE NEGATIVE. WE, I THINK, DISCUSSED THIS AT THE PREVIOUS SCREENING. YOU WERE SUED TWICE IN YOUR OFFICIAL CAPACITY AS ASSISTANT SOLICITOR.
CHAIRMAN POPE: MR. WALTON J. McLEOD, III.
WHEREUPON, WALTON J. McLEOD, III, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q MR. McLEOD, YOU HAVE REVIEWED THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. Walton J. McLeod, III
2. He was born in Walterboro, South Carolina, on June 30, 1937. He is presently 54 years old. 4. He was married to Julie Hamiter on February 15, 1969. He has one child: Walton James, age 13. 5. Military Service: U. S. Navy, 1959-1961; June-September, 1963; July-August, 1990; Honorable Discharge; presently, Captain, U. S. Naval Reserve; 247 56 1157; member, Naval Reserve VTU; Law Unit 0705; Columbia, South Carolina 6. He attended Yale University, 1955-1959, B.A.; the University of South Carolina Law School, 1961-1964, LL.B.; Wofford College, summer, 1956 (returned to Yale); and the University of Minnesota Public Health School, summer, 1972 (returned to work at SC DHEC). 7. At Yale he was Varsity Football Manager, 1958; Assistant Football Manager, 1955-1958; Student Deacon, 1958-1959; Secretary, Yale Undergraduate Athletic Association, 1958-1959; and Naval ROTC, 1955-1959. At the University of South Carolina Law School, he was on the Honor Council, 1962-1964; President, Clariosophic Debating Society, 1963-1964; and Business Manager, 1964 Placement Annual.
8. Legal/Judicial education during the past five years: 9. Courses Taught:
Adjunct Faculty Member, Golden Gate University, Shaw AFB,
Assistant/Associate Adjunct Professor, Public Health School, University of South Carolina, 1978-1991 - taught public health and environmental law, Summer, 1982, and intermittent lectures. "Appellate Procedure," Practice in Magistrates Court, South Carolina Bar, CLE, May, 1981. "State Environmental Enforcement and Permit Programs," Practical Environmental Law for the General Practitioner, South Carolina Bar, CLE, August, 1985. 10. Published Books or Articles:
Casenote, 14 South Carolina Law Quarterly 439 (1962) 12. Legal experience since graduation from law school: 1964-1965 Law Clerk to Chief Judge Clement F. Haynsworth of the U. S. Court of Appeals - federal criminal law appeals 1965-1967 Associate attorney with Thomas H. Pope - general practice focusing on real estate and trial practice 1967-1968 Assistant U. S. Attorney - federal criminal law 1968-present General Counsel, SC DHEC - environmental law, public health regulatory law, administrative law 1987-1988 Deputy Attorney General Part-time Legal Experience:
Judge, Little Mountain Municipal Court, 1981-1983
14. Frequency of appearances in court:
15. Percentage of litigation: (during last five years)
16. Percentage of cases in trial courts: As a magistrate and a municipal judge, he presided over approximately 10 to 12 jury trials. Most of the time he appeared as the supervising attorney, but as second chair. Occasionally, he served as sole attorney or as chief counsel. 17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Suber v. S. C. State Board of Health, et al. Handled trial and appeal. (b) Earle v. Aycock (I), 270 S.C. 326, 242 S.E. 2d 402 (1978) and Earle V. Aycock (II), 276 S.C. 471, 279 S.E. 2d 402 (1978). Trials and two appeals - First appeals under State Employee Grievance Act. (c) U.S. and S.C. DHEC v. S.C. Recycling and Disposal Co. Inc., 653 F. Supp. 984 (D.S.C., 1984-1986); sub nom U.S. and SC DHEC v. Monsanto, 858 F. 2d 160. (4th Cir. 1988); cert. den. 109 S.Ct. 3156 (1989). Trial and two appeals - One of the landmark cases in America involving cost recovery for cleanup of a hazardous waste site. (d) S.C. Pollution Control Authority v. Piedmont Food Processors, Inc., Legal Perspectives of Environmental Health, p. 25 - Laurens County Common Pleas Court -(August-September, 1968). First judicial enforcement of State Pollution Control Act. (e) State v. Bobby Floyd a/k/a Bobby Dawkins, Newberry County General Sessions Court (March, 1967). Successful acquittal of a defendant charged with murder. He was second chair on this case, but did all the workup and the trial. Jury heard case, but trial judge directed a verdict for defendant. 18. Five (5) civil appeals:
(a) Brokaw v. U.S., 368 F. 2d 508 (4th Cir. 1966). (b) Suber v. S.C. State Board of Health, et al., 259 S.C. 558, 193 S.E. 2d 520 (1972) (S.C. Sup. Ct.). (c) Earle v. Aycock (I), 270 S.C. 326, 242 S.E. 2d 402 (1978) (S.C. Sup. Ct.). (d) Earle v. Aycock (II), 276 S.C. 471, 279 S.E. 2d 614 (1984) (S.C. Sup. Ct.). (e) Pawley's Island Civic Association v. Johnson, et al. and S.C. DHEC, 292 S.C. 208, 355 S.E. 2d 541 (S.C. App. 1986). 20. Judicial Office: Law Clerk of Judge Clement F. Haynsworth, U. S. Court of Appeals for Fourth Circuit, appointed, 1964-1965, federal civil and criminal appeals. Adjudicatory Hearing Officer; S.C. Department of Health and Environmental Control; appointed; 1968-1978; heard and recommended dispositions of appeals involving certificates of need, control substances registrations, health facility licenses, environmental permit applications. Judge, Newberry County Magistrates Court; Little Mountain, South Carolina; appointed; 1973-1981; small claims and minor crimes; $1,000; 30 days or $200. Judge, Little Mountain Municipal Court; appointed; 1981-1983; minor crimes; 30 days or $200. Acting Newberry County Coroner; appointed; July-December, 1975; investigated deaths to ascertain whether a homicide had been committed. 21. Five (5) significant Orders or Opinions Written:
(a) Bibb v. Boles, et al., U.S. Court of Appeals, 4th Cir. (b) In Re: Application of Saint Francis Xavier Hospital, Charleston, hearing officer's report dated July 20, 1977; and DHEC Board's order affirming that report, dated August 13, 1977. Hospital Franchising Law and Regulation, pp. 192-216. (24 pages) (c) In Re: ________________, M.D., Controlled Substances Registration, hearing officer's report dated May 24, 1978. (12 pages) (d) In Re: Bio-Medical Applications, Inc., for a certificate of need, hearing officer's report dated March 24, 1977; DHEC Board's order dated April 12, 1977, confirming hearing officer's report; Supreme Court order of February 6, 1979, affirming Board's decision. (e) Maxwell Home Furnishings v. Newberry Housing Authority, Order of Magistrate, dated August 31, 1978 (14 pages). Circuit Court Order dated December 1, 1978, affirming Magistrates Circuit Order. (1 page) 22. Public Office: Mayor of Little Mountain, 1983-1989 (elected) (non-partisan) Council Member, Town of Little Mountain, 1991-present (elected) (non-partisan)
23. Unsuccessful candidate: 24. Any Occupation, Business or Profession Other Than the Practice of Law: None except for active duty in the U. S. Navy.
27. Financial Arrangement or Business Relationships: 31. Sued: Harrison v. Wolfson, O'Leary, McLeod, Atria, Wolfson Investment, Inc. and Moyer, Richland County, 83-CP-40-1213, Consent Order of Dismissal, dated April 17, 1984. 33. His health is excellent. His last physical examination was on July 14, 1990; CAPT Wagner, MC; USNR - Naval Reserve Readiness Center; Naval Base; Charleston, South Carolina. 35. He wears glasses. 37. He was hospitalized for three weeks in October, 1967, for nervous exhaustion and anxiety at Chatham Memorial Hospital, Savannah, Georgia. The physician was Dr. A. H. Center of Savannah. He has had no subsequent recurrence of any nervous or emotional difficulties since those described above. His present health is excellent.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social and fraternal organizations: 41. Except for two years in the private practice of law, his entire professional career has been devoted to public service. He is a Captain in the Judge Advocate General's Corps of the U. S. Naval Reserve and has had three tours as a commanding officer of legal units. Also, he has been the law program manager for the Naval Reserve Command which includes North and South Carolina. In this capacity he has provided the management for approximately 60 lawyers in 7 legal units. 42. Five (5) letters of recommendation:
(a) G. Von Wessinger, Assistant Vice President
(b) Roxanne S. Bedenbaugh
(c) Rev. John E. Pless
(d) Arthur L. Jayroe, Sr.
(e) R. Lewis Shaw, P.E., Deputy Commissioner
CHAIRMAN POPE: I THINK THAT IS EVERYONE THAT NEEDED TO BE SCREENED FOR THE AT-LARGE POSITION. WOULD Y'ALL LIKE TO TAKE A SHORT BREAK? I THINK EVERYBODY'S BEEN SITTING HERE A GOOD WHILE.
WHEREUPON, ALVIN C. BIGGS, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE, YOU WERE LAST SCREENED IN 1988, I BELIEVE?
1. Alvin C. Biggs
2. He was born in Washington, North Carolina on August 16, 1942. He is presently 49 years old. 4. He was married to Rita Karen McKay on April 22, 1972. He has two children: Kelly, age 14; and Eason, age 8. 5. Military Service: None 6. He attended the University of South Carolina, 1960-1966, B.A., Political Science; and the University of South Carolina Law School, 1966-1969, J.D. Law.
8. Legal/Judicial education during the past five years: 12. Legal experience since graduation from law school:
Associate of Furman R. Gressette, 1969-1972
20. Judicial Office: 21. Five significant Orders or Opinions Written:
(a) Bobby Rutherford v. Carol Rutherford; Opinion 23576; Filed February 10, 1992; South Carolina Supreme Court.
(b) Donahue v. Donahue, (1989), 299 S.C. 353, 384 S.E.2d 741.
(c) Sinclair v. Sinclair, App. 287 S.C. 20, 336 S.E.2d 485.
(d) Mears v. Mears, 406 S.E.2d 376.
(e) The State, et al. v. The Times and Democrat, et al., 276 S.C. 26, 274 S.E.2d 910.
22. Public Office:
24. Any Occupation, Business or Profession Other Than the Practice of Law: 28. In 1958 he was charged with hunting without a license. 31. Sued: He was sued in 1988 or 1989 in Greenville County. The case was dismissed by Judge Catoe and returned by Judge Anderson. He believes the suit involved a child support case where he put somebody in jail. 33. His health is good. His last physical was in August of 1990, by Dr. Hutto. 35. He is nearsighted and uses glasses. 36. He is currently being treated for high cholesterol by Dr. Krystan. He takes Mevacor, 20 mg.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social, and fraternal organizations: 42. Five letters of reference:
(a) Russell D. Zimmerman, Vice President and Senior Officer
(b) Fred L. Day
(c) Charles H. Williams, Esquire
(e) F. Lee Prickett
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS HAVE BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION HAS NO RECORD OF ANY REPRIMANDS AGAINST YOU. THE FOLLOWING RECORDS HAVE BEEN CHECKED: HIGHWAY DEPARTMENT, CALHOUN COUNTY SHERIFF'S OFFICE, THE ST. MATTHEW'S CITY POLICE DEPARTMENT, SLED, F.B.I., THE JUDGMENT ROLLS OF CALHOUN COUNTY. ALL THOSE ARE NEGATIVE. THE FEDERAL COURT RECORDS ARE NEGATIVE, WITH THE ONE EXCEPTION OF THAT SUIT THAT YOU REFERENCED, WHICH WAS DISMISSED IN YOUR FAVOR. YOUR HEALTH IS GOOD?
CHAIRMAN POPE: THE NEXT POSITION WILL BE THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT #1. AND WE ARE PROCEEDING ALPHABETICALLY TODAY, AND THE FIRST APPLICANT IS WENDELL O. BROWN.
WHEREUPON, WENDELL O. BROWN, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q MR. BROWN HAVE YOU REVIEWED YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. Wendell Orvin Brown P. O. Box 708 Kingstree, SC 29556
2. He was born in Williamsburg County, South Carolina, on September 21, 1935. He is presently 56 years old. 4. He was married to Erma Jean Tisdale on June 18, 1961. He has three children: Wendell Lawrence, age 29 (lawyer, assistant solicitor, Aiken, South Carolina); James Edward, age 25 (weaver, Kingstree Manufacturing Company); and Jean Marie, age 20 (Spartanburg Methodist College). 5. Military Service: U. S. Army Reserve; Commissioned 2nd Lt. June 2, 1957; Honorable Discharge 1966 with Rank of Captain; Active Duty: April, 1958 - October, 1958; Serial No. 05 300 989 6. He attended Clemson University, September, 1953 - June 2, 1957, B.S. Degree in Agronomy; the University of South Carolina Law School, September, 1963 to January 29, 1966, J.D. (Cum Laude - First Honor Graduate in the Class of January, 1966). 7. At Clemson University he was a member of the Kappa Alpha Signa Agricultural Fraternity, 1956 and 1957; Alpha Zeta Honorary Agricultural Fraternity, 1957; Senior Drill Platoon, 1956 and 1957; ROTC, 1953-1957; Advertising Manager of "The Agrarian" (Magazine published by School of Agriculture), 1956-1957. At the University of South Carolina Law School, he was a member of the Phi Alpha Delta Law Fraternity, 1963-1966; Editorial Board, South Carolina Law Review; author of two articles; Order of Wig & Robe; and winner of four American Juris Prudence Awards in Contracts, Sales, Municipal Corporations and Mortgages.
8. Legal/Judicial education during the past five years: 10. Published Books or Articles: Comment: Competency of Spouses to Testify Against Each Other in Criminal Trial - Compelling the Wife to Testify. 16 S.C. Law Review, 615 (1964) Note: Specific Performance of Oral Contracts to Devise; 17 S.C. Law Review, 540 (1965) 12. Legal experience since graduation from law school: General practice of law, Kingstree, South Carolina - April 14, 1966 to present; included civil, criminal, probate, real estate and domestic relations matters Attorney for Town of Kingstree - 1978 to present Attorney for The Exchange Bank of Kingstree - 1978 to present
14. Frequency of appearances in court:
15. Percentage of litigation:
16. Percentage of cases in trial courts:
Sole counsel - 50% 17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) F. J. Anderson, Jr. v. Town of Hemingway, 269 S.C. 351, 237 S.E. 2d 489 (1977).
(b) Harold T. McGill, Jr. v. Outboard Marine Corporation, 74-CL-45-44.
(c) Aetna Casualty and Surety Company and Travelers Insurance Co. v. John D. Floyd and Jimmy D. Floyd, d/b/a J & J Grocery Store No. 2 - U.S. Court of Appeals for 4th Circuit, Unpublished Opinion No. 86-3859 and 86-3886 (July 9, 1987).
(d) State v. Nathaniel Williams, 87 GS-45-270, 90-MO-045 (1990).
(e) Orie Grannison v. Tony Graham, Jr., M.D., Case No. 88-CP-21-738; Court of Appeals Unpublished Opinion No. 91-UP-044.
18. Five (5) civil appeals:
(b) S. C. Department of Social Services v. Ruby Nesmith, Nathaniel Gamble and James Curtis Mack IN RE: Priscilla Ann Nesmith and Cynthia Rochelle Mack, 88-DR-45-94, Supreme Court Docket No. 89-180. Order of Lower Court vacated and appeal dismissed by Consent Order of Chief Justice dated June 8, 1989.
(c) Frances Gibbons McCutchen v. Woodrow Liston McCutchen, Supreme Court Memorandum Opinion No. 76-52 filed July 13, 1976.
20. Judicial Office:
21. (a) Betty Lou G. Epps v. Leroy S. Epps, Jr., Williamsburg County Judgment Roll No. 11,729 (1975).
(b) Rita McFadden, et al. v. Samuel Burgess, et al., Case No. 85-CP-45-334.
(c) Kenneth Fulton v. Melvin McFadden, Case No. 89-CP-45-270.
24. Any Occupation, Business or Profession Other Than the Practice of Law: 25. Officer or Director: He is the Director of The Exchange Bank of Kingstree, 1978 to present. 31. Sued: In about 1954, he was in an auto accident when he struck a pedestrian on the highway at night. It was never tried; apparently settled by the insurance company. 33. His health is good. His last physical examination was in January of 1991 (checkup December, 1991), by Dr. E. C. O'Bryan, Florence Diagnostic Associates, Coit Street, Florence, South Carolina 29501. 34. Hospitalized: He had a light heart attack about March 9, 1989. He was in the hospital one week and was out of the office about three weeks. He had a full recovery with no complications. 35. He wears glasses for reading. 36. He is presently under treatment by Dr. E. C. O'Bryan, Florence Diagnostic Associates, Coit Street, Florence, South Carolina 29501. He is on medication for blood pressure, and it is under control. He is also under treatment by Dr. Joseph Zealberg, MUSC, 171 Ashley Avenue, Charleston, SC 29425-0742. He has follow-up checkups for panic disorder experienced in 1988. It is under control. 39. Bar Associations and Professional Organizations: Williamsburg County Bar Association; South Carolina State Bar; Chairman, Resolution of Fee Disputes Board for Third Judicial Circuit, 1982-1988 40. Civic, charitable, religious, educational, social and fraternal organizations:
Member, Mt. Vernon United Methodist Church Member and Past President, Kingstree Camp, The Gideons International Member and Past President of Kingstree Rotary Club (served two years as Chairman of Easter Seal Campaign) Served as Member of Board of Directors, Williamsburg Academy
Past Master, Kingstree Lodge #46 A.F.M. (Master 1987) 42. Five (5) letters of recommendation:
(a) R. L. Arnette, President
(b) W. C. Cottingham, D.V.M.
(c) Leonard B. Burgess, Esquire
(d) George R. Cannon, Minister Emeritus
(e) William H. Chandler, Esquire
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS HAVE BEEN FILED AGAINST YOU. THE FOLLOWING RECORDS HAVE BEEN CHECKED: HIGHWAY DEPARTMENT, WILLIAMSBURG COUNTY SHERIFF'S DEPARTMENT, KINGSTREE CITY POLICE DEPARTMENT, SLED, AND F.B.I. THEY WERE ALL NEGATIVE. THE JUDGMENT ROLLS OF WILLIAMSBURG COUNTY ARE NEGATIVE. THE RECORDS ALSO WERE CHECKED AND IT SHOWS THAT YOU WERE A -- WERE YOU A PLAINTIFF IN THE CIVIL ACTION, OR THAT WAS ANOTHER WENDELL BROWN?
WHEREUPON, RUBEN L. GRAY, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q MR. GRAY, YOU'VE REVIEWED YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. Ruben L. Gray Sumter, SC 29150
2. He was born in Georgetown, South Carolina, on November 6, 1938. He is presently 53 years old. 4. He is married. He has three children: Valencia G., age 27 (pharmacist); Ruben L., Jr., age 26 (student); and Valerie L., age 22 (social work, DSS). 5. Military Service: He was in the U. S. Army from November 12, 1963, until November 12, 1965. He attained the rank of Sp 4 (E4). His serial number is US51500111. He was honorably discharged. 6. He attended South Carolina State from September, 1957 through June, 1961, and earned a B.S. Degree in Business Administration. He attended South Carolina State School of Law from 1961 through June, 1963, and earned the L.L.B. (J.D.) Degree. He has never left an institution without earning a degree. 7. In college he was a member of the Etta B. Rowe Debating Society (four years), and the ROTC (1957 through 1959). In law school he was a member of the National Moot Court Competition (1963); the Dean's List all semesters; and the Thomas E. Miller Law Society (1961 through 1963, President 1963).
8. Legal/Judicial education during the past five years: 9. Courses Taught: He has made presentations to laymen groups on various aspects of the law including estates, real estate acquisitions and sales and domestic matters.
12. Legal experience since graduation from law school:
14. Frequency of appearances in court:
15. Percentage of litigation:
16. Percentage of cases in trial courts: He was usually sole counsel. 17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Joseph Johnson by GAL v. George Parker & Mildred Henderson t/a Yellow Cab Co., (1983), 303 S.E. 2d 95.
(b) James Davis v. Sammie Clark, Jr., et al.
(c) Frances Burton, et al. v. Jessie Qualls, et al.
(d) S. C. Insurance Company v. Jack B. White & Mary J. White, et al., Court of Appeals, Opinion No. 1461, Filed February 20, 1990.
(e) Queen P. DesChamps v. Suburban Propane Gas Co., Court of Appeals, filed April 24, 1989, Opinion No. 1329. 18. Five (5) civil appeals: Of the hundreds of domestic matters he has handled, none were required to be appealed. 19. Five (5) criminal appeals: (a) State v. Poinsett, 157 S.E. 2d 570 (He served as co-counsel with Attorney Ernest A. Finney, Jr.). (b) State v. Elijah Walker, Memorandum Opinion No. 88-MO-002 (January 11, 1988). 22. Public Office: (1) He served as a member of the Sumter Area Technical Education Commission from 1970 to 1973. (2) He was elected as a Trustee of Sumter School District No. 17 and served from 1973 to 1978. (3) He was elected to Sumter County Council and served from 1984 to present; Chairman for the last 3 1/2 years. (4) He served as a member of the State Election Commission from 1973 to 1977. (5) He presently serves as a member of the South Carolina Crime Victims Board, four years; Hearing Panel Chair for the last three years.
23. Unsuccessful candidate: 24. Any Occupation, Business or Profession Other Than the Practice of Law: (1) He was employed as Assistant Director and Director of a statewide manpower project known as "Project T Square" from 1966 to 1969. (2) He served as Vice President for Institutional Development at Morris College from 1969 to 1972. 25. Officer or Director: He is a Regional Director of First Savings Bank. He operates his law offices.
27. Financial Arrangement or Business Relationships:
30. Tax Lien: 31. Sued: He has been sued personally and professionally by a person charged with and convicted of double murders, and he was appointed to represent him. The case was dismissed.
33. His health is good. His last physical examination was on June 7, 1991, by Dr. Joseph Williams, 448 North Main Street, Sumter, South Carolina.
40. Civic, charitable, religious, educational, social and fraternal organizations: 41. He has appeared on the NBC "Today Show" in connection with Project "T" Square; Community Leader of America Award, 1968; Who's Who Among Black Americans, 1975; Distinguished Service Award, Alpha Kappa Alpha Sorority, 1989; Citizen of the Year Award, Omega Psi Phi Fraternity, 1989; Martin Luther King Superior Public Service Award, 1990; Welcomed President Bush and returning troops to Sumter, Spring, 1991. 42. Five (5) letters of recommendation:
(a) Mr. John M. Graham, Regional President
(b) Blinzy L. Gore, Esquire
(c) John C. Land, III, Esquire
(d) A. S. Bahnmuller, Esquire
(e) Bishop Fred C. James
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED NO COMPLAINTS HAVE BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS, THE SUMTER COUNTY SHERIFF'S OFFICE, AND SUMTER CITY POLICE DEPARTMENT RECORDS, THE SLED RECORDS, AND F.B.I RECORDS ARE ALL NEGATIVE. THE JUDGMENT ROLLS OF SUMTER COUNTY ARE NEGATIVE. AND YOU'VE CLARIFIED THE TAX-LIEN QUESTION ALREADY. YOU WERE SUED -- THE ONLY SUIT I SEE HERE IS THAT YOU WERE SUED IN YOUR CAPACITY AS A MEMBER OF THE STATE ELECTION COMMISSION. IS THAT RIGHT?
CHAIRMAN POPE: JUDGE JAMIE LEE.
WHEREUPON, JAMIE F. LEE, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE, YOU WERE SCREENED FOR YOUR FAMILY COURT POSITION IN MARCH 1988, AND I THINK YOU WERE SCREENED FOR ANOTHER POSITION IN MAY OF '91.
1. Jamie F. Lee
2. He was born in Bennettsville, South Carolina, on May 10, 1930. He is presently 61 years old. 4. He was married to Mary Breeden on December 30, 1954. He has three children: James Colin, age 36 (South Carolina Law Enforcement Division); Jamie F., Jr., age 35 (Lee Construction Company); and Mary Louise, age 32 (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, Business Administration; and the University of South Carolina Law School, 1956-January 1959; LLB 8. Legal/Judicial education during the past five years:
1987 Attended 3 separate seminars for a total of 15 hours
12. Legal experience since graduation from law school: 20. Judicial Office:
Appointed Family Court Judge, Fourth Judicial Circuit, Seat #1, 1982 21. Five (5) of the Most Significant Orders or Opinions You Have Written: (a) Keane v. Courtwright, et al., 91-DR-40-0667. This is a case of first impression in South Carolina. It involves a child taken from England to the United States for a visit with his biological father, who was not married to the mother. The father refused to return the child and a Petition was filed under the provisions of the Hague Convention (Convention on the Civil Aspects of International Child Abduction). This case involved the Hague Convention provisions; the implementing Federal Statute (42 USC Section 11601-11610 [1989]); British statutes on custody rights to illegitimate child, as well as South Carolina statutes. The child was returned to England with his mother. (b) Chris v. Chris, 84-DR-26-758. This case involved primarily the enforcement of a pre-nuptial agreement. This is a case of first impression in the Family Court. The Court ruled that the agreement was void and set aside conveyances made to third parties as a result of the agreement. The case was confirmed on appeal. (c) Fontana v. Fowler, et al., 86-DR-26-1748. This case involved a termination of parental rights of an 11-year-old girl and her adoption by foster parents, while not terminating parental rights of two other children. The case was affirmed on appeal. (d) Randolph v. Hanley, 85-DR-34-140. This is an unusual case where a man was the beneficiary of a large trust for his life with remainder to his children. In the event he had no children, the trust went to his sister and her children. The man had no natural children, so several years prior to his death, he adopted two adults for the purpose of allowing them to receive the trust proceeds. The contingent beneficiaries sued to set aside the adult adoptions on the grounds that the man was incompetent and the subject of undue influence, as well as fraud. The Plaintiffs also alleged that a Guardian ad Litem should have been appointed at adoption due to the physical and emotional state of the man involved. The Court ruled the adoption was valid and binding on all parties to the action and relief requested by the Petitioners was denied. (e) Robilotta v. Baby Boy B and Griggs, 89-DR-10-0415. This case involved a termination of parental rights and adoption. The unwed mother consented, however, the 15-year-old unwed father declined to consent and sought custody himself. A Guardian ad Litem was appointed for the father. The case was unusual in that it involved the question of whether or not any parental rights accrued to the father and if so, can a 15-year-old minor be determined to have been wilful in failing to support and visit to a degree sufficient to forfeit his parental rights. The Court terminated parental rights and approved adoption.
22. Public Office: 23. Unsuccessful Candidate:
County Auditor - 1966 33. His health is good. His last physical was in August of 1991 by Dr. Roy A. Howell, Market Street, Bennettsville, South Carolina 29512. 34. Hospitalized: He had gallbladder surgery in June of 1990. He was hospitalized for three days and was incapacitated from work for four and one-half weeks. 35. He uses a hearing aid for better understanding. 36. He uses blood pressure control medication.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social and fraternal organizations: 42. Five (5) letters of recommendation:
(a) Joseph C. Breeden, Jr., Vice President
(b) James J. Rogers, Executive Director
(c) G. O'Neal Hamilton
(d) B. B. Sanders, III
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO FORMAL COMPLAINTS OF ANY KIND HAVE EVER BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION HAS NO RECORD OF ANY REPRIMANDS. THE FOLLOWING RECORDS HAVE BEEN CHECKED: HIGHWAY DEPARTMENT, MARLBORO COUNTY SHERIFF'S OFFICE, BENNETTSVILLE CITY POLICE DEPARTMENT, SLED, F.B.I. THE JUDGMENT ROLLS OF MARLBORO COUNTY AND THE FEDERAL COURT RECORDS ARE ALL NEGATIVE. I GUESS, YOU'RE ONE OF THE FEW JUDGES THAT HASN'T BEEN SUED.
CHAIRMAN POPE: THE NEXT POSITION IS FAMILY COURT OF THE FIFTH CIRCUIT SEAT #1. JUDGE BURNSIDE. ROBERT H. BURNSIDE.
WHEREUPON, ROBERT H. BURNSIDE, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE, YOU WERE SCREENED LAST, I THINK, MARCH 24, 1988.
1. Robert Henry Burnside
2. He was born in Columbia, South Carolina on May 20, 1933. He is presently 58 years old. 4. He was married to Sara Carson Phifer on January 2, 1980. He was previously divorced on April 19, 1979; Shelvie C. Burnside was the moving party; Richland County Family Court; no fault grounds. He has three children: Debra Burnside Rentz, age 35 (teaches emotionally handicapped children in Dahlonega, Georgia); Robert Henry, Jr., age 33 (Executive Director, S. C. Pharmaceutical Association); and Ashley Flournoy, age 22 (senior at Converse College). 5. Military Service: US Navy; Airman; serial #331-56-31; May 22, 1950 - May 19, 1954; active duty January 1, 1952 through December 11, 1953; Honorable Discharge 6. He attended Presbyterian College, January, 1954 - May, 1957, BA Degree; and the University of South Carolina Law School, September, 1960 - January, 1963. 8. Legal/Judicial education during the past five years:
Criminal Law Update - February 6, 1987 9. Courses taught or lectures presented:
Speaker at JCLE on Ethical Problems on July 21, 1989 12. Legal experience since graduation from law school:
1963-1964 Assistant Trust Officer, South Carolina National 20. Judicial Office:
Family Court Judge from July, 1977 to present 21. Five significant Orders or Opinions Written:
(a) Hazel Toney, Administrator of the Estate of Keysha Lawshawn Toney (Deceased), Respondent v. South Carolina Department of Education, Appellant
(b) Dianne Ducate v. John S. Ducate
(c) James T. Glasscock v. Linda E. Glasscock (Sumter County Case)
(d) Laura Litt Sattler v. Jon I. Sattler (e) DSS v. Doe.
22. Public Office: 23. Unsuccessful Candidate: 1970, Candidate for South Carolina House of Representatives 24. Any Occupation, Business or Profession Other Than the Practice of Law:
1957-1958 NY Life Insurance Company, Management Trainee 25. Officer or Director: Owner and Manager of Miniature Horse Farm 31. Sued: He was sued as a Family Court Judge by a disappointed party in a divorce action. He was a Defendant, along with the Governor and numerous other judges and state officials. The case was abandoned by the Plaintiff. 33. His health is good. His last physical was August 21, 1991, by Dr. Benjamin D. Massey, 2739 Laurel Street, Columbia, South Carolina. 34. Hospitalized: Gall bladder surgery; kidney stone removal; polyp and hemorrhoid removal; and phlebitis in left leg
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social, and fraternal organizations: 41. He called a meeting with the Solicitor, Department of Youth Services personnel and school officials to discuss ways to monitor truants (prior to E.I.A. passage); pointed out the number of delinquents who showed significant absences, but no action had been taken by the schools.
42. Five letters of reference:
(b) Abb A. Jeffcoat, Jr.
(c) Moulton A. Phifer, III
(d) Deborah S. Teague, Assistant Vice President
(e) C. Joseph Roof, Esquire
Q THE JUDICIAL STANDARDS COMMISSION HAS NO RECORD OF ANY REPRIMANDS AGAINST YOU, AND THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE, LIKEWISE, HAVE NO COMPLAINTS OF ANY TYPE EVER BEING FILED AGAINST YOU. THE RECORDS OF THE HIGHWAY DEPARTMENT, RICHLAND COUNTY SHERIFF'S OFFICE, COLUMBIA AND EASTOVER POLICE DEPARTMENTS, SLED, AND THE F.B.I. ARE ALL NEGATIVE. THE JUDGMENT ROLLS OF RICHLAND COUNTY ARE NEGATIVE. FEDERAL COURT RECORDS, I THINK, SHOW ONE SUIT. WHAT WAS THAT ABOUT, JUDGE?
CHAIRMAN POPE: JUDGE HALL.
WHEREUPON, STUART H. HALL, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE YOU WERE ALSO SCREENED IN MARCH OF '88. IS YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY COMPLETE, OR DOES IT NEED ANY CLARIFICATION?
1. Stuart H. Hall
2. He was born in Gaffney, South Carolina on August 22, 1941. He is presently 50 years old. 4. He was married to Eleanor Kay Chappell on June 14, 1968. He was previously divorced in 1967; moving party, Stuart H. Hall; Richland County Court; desertion for more than one year He has 3 children: Elizabeth Whitner O'Dowd, age 28 (Commercial Advertising); Katherine Joyce, age 21 (student); and Eleanor Caroline, age 21 (student). 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. 7. At the University of South Carolina he was Treasurer of Kappa Alpha Order, 1963, and on the Law School Honor Council, 1966.
8. Legal/Judicial education during the past five years: 12. Legal experience since graduation from law school:
Hall, Hall & Daniel (1966-1967) He was City Attorney for Blacksburg in 1968. 20. Judicial Office:
City Recorder, City of Gaffney, Appointed 21. Five significant Orders or Opinions Written: (a) Patricia A. Duncan v. Wade Hampton Duncan, Court of Appeals, Unpublished Opinion No. 91-UP-155, Filed October 9, 1991. (b) Constance O. Eckstein v. James Allen Eckstein, Court of Appeals, Opinion No. 1703, Filed October 7, 1991.
(c) McArthur Braxton v. Brenda J. Braxton, Court of Appeals, Memorandum Opinion No. 90-MO-159, Filed October 24, 1990. (e) Cynthia Denney Bridges v. Vernon O'Neil Bridges, Memorandum Opinion No. 88-MO-096, Filed October 26, 1988. 33. His health is good. His last physical was in 1989 by Dr. George Bass, 1690 Skylyn Drive, Spartanburg, South Carolina. 34. Hospitalized: He was hospitalized and out of work for ten days for a hernia operation in 1985. 35. He wears eyeglasses.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social, and fraternal organizations: 42. Five letters of reference:
(a) Barry S. Morgan, Vice President and City Executive
(b) Louis C. Sossamon, Publisher
(c) Harry Lee Frieze, Jr.
(d) The Reverend David Acrill Fort
(e) H. B. Kelly, Jr.
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS OR CHARGES HAVING BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION HAS NO RECORD OF ANY REPRIMANDS AGAINST YOU. THE RECORDS OF THE HIGHWAY DEPARTMENT, CHEROKEE COUNTY SHERIFF'S OFFICE, GAFFNEY CITY POLICE DEPARTMENT, SLED, AND F.B.I. ARE ALL NEGATIVE. THE CHEROKEE COUNTY JUDGMENT ROLLS SHOW THAT YOU WERE, LET'S SEE, LISTED AS A DEFENDANT IN AN ACTION INVOLVING THE SALE OF A MINOR'S INTEREST IN PROPERTY.
CHAIRMAN POPE: JUDGE JOHN RUCKER.
WHEREUPON, JOHN M. RUCKER, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE, YOU HAVE REVIEWED YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. John Rucker
2. He was born in Newberry, South Carolina on October 22, 1944. He is presently 47 years old. 4. He was married to Harriett S. Lee on July 26, 1969. He has two children: John Brandt, age 18; and Wylie Marvin, age 16. 5. Military Service: None 6. He attended the University of South Carolina, 1966, B.S.; and the University of South Carolina Law School, 1969, J.D. 7. In college he was a member of the Alpha Tau Omega Fraternity. In law school he was a member of the Phi Delta Phi Legal Fraternity. 8. Legal/Judicial education during the past five years:
Family Law Update; November 15, 1991; 5 hours 12. Legal experience since graduation from law school: June, 1969 to October, 1969 Associate, Tench P. Owens, Attorney, Clinton, South Carolina October, 1969 to February, 1971 Private Practice, Clinton, South Carolina February, 1971 to June 30, 1988 Private Practice, Newberry, South Carolina July 1, 1988 to present Family Court Judge 20. Judicial Office: Recorder; City of Newberry; September, 1971 to June, 1976; elected by City Council, Jurisdiction limited to minor criminal and traffic offenses Family Court; Eighth Judicial Circuit; July 1, 1988 to present; Jurisdiction limited to Family and Juvenile matters 21. Five significant Orders or Opinions Written: (a) Oakley v. Oakley, 92-UP-013.
This matter primarily involved custody of minor children and support. Case turned on lifestyle of parties and party better suited to rear children. Award of custody to father was upheld on appeal. This case, among other points, required the valuation of family businesses and investments. Contained in the many investments were gifts from parent of one of the parties. In addition to the normal problem of valuation of property the Court had to determine the question of marital property. This case also involved the question of whether or not adultery was condoned. (c) Jacobs v. Jacobs, 89-DR-36-416. Issue involved was a dispute as to custody of an illegitimate child residing with a grandparent after the death of the mother and the natural father. The Court applied the criteria set forth in Moore v. Moore, 300 S.C. 75, and awarded custody of the child to the grandparent. (d) Watson v. Watson, 90-DR-04-0283. This was, among other issues, a divorce action on the ground of adultery. The unusual question was whether the Plaintiff could be granted a divorce from his comatose wife. The grounds for divorce having arisen prior to the Defendant overdosing on drugs. There is no case in South Carolina dealing with this issue. The Court followed the general rule in the U.S. that an action can be maintained so long as it can be proven that grounds for divorce occurred prior to the Defendant becoming non compos mentis. (e) Holman v. Holman, 90-DR-30-681. Among many other issues, this case involved the valuation of a rental business. The main issue in the valuation was whether this business in particular, and the industry in general, were in a period of growth or decline. Court determined that use of multiple times net operating profits was not proper when multiple was determined during period of tremendous growth in industry.
22. Public Office:
23. Unsuccessful Candidate: 33. His health is excellent. His last physical was in the Spring of 1986 by Dr. E. Eugene Epting. 34. Hospitalized: He had a ruptured appendix in September of 1984.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social, and fraternal organizations: 42. Five letters of reference:
(a) Harold B. Folk, Regional Vice President
(b) Gordon N. Clarkson, Esquire
(c) James Verner, Esquire
(d) D. Mitchell Houston
(e) E. Eugene Epting, Jr., M.D.
Q JUDGE RUCKER, IN THE PAST THREE TO FOUR YEARS, HAVE YOU SEEN A DECLINE OR INCREASE IN THE USE OF DRUGS BY YOUNG PEOPLE? BY YOUTH?
CHAIRMAN POPE: WE'RE GOING TO HAVE TO TAKE A BRIEF RECESS. SOMEBODY JUST CALLED ME. I DON'T KNOW FOR A VOTE OR WHAT.
WHEREUPON, C. DAVID SAWYER, JR., BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q THIS IS FOR THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT #2. MR. SAWYER, YOU'VE REVIEWED THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. C. David Sawyer, Jr. 4. He was married to Sandra Faye Cato on October 18, 1975. He has three children: Rebecca Cato, age 12; Bonnie Clair, age 10; and Beth Ann, age 3. 5. Military Service: He was honorably discharged on February 13, 1976, as a Sergeant from the South Carolina Air National Guard after 6 years of service. Serial number: ***-**-*****. 6. He attended Baptist College at Charleston, 1966-1968; the University of South Carolina, Bachelor of Arts in History on January 30, 1971; and the University of South Carolina School of Law, awarded Juris Doctoral Degree on May 11, 1974. 7. He was President of the Freshman Class at Baptist College of Charleston (1966) and Vice President of Student Government Association, Baptist College of Charleston (1967).
8. Legal/Judicial education during the past five years: 12. Legal experience since graduation from law school: General practice of law at Edgefield, South Carolina, 1974-1976 Partner in general practice of law with Billy C. Coleman at Saluda, South Carolina, 1976-1992
14. Frequency of appearances in court:
15. Percentage of litigation:
16. Percentage of cases in trial courts: Of the cases that were tried, he served as both sole counsel and associate counsel. 17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Saluda Motor Lines, Inc. v. Jean E. Crouch, SC App., 386 S.E. 2d 290 (1989).
(b) Farm Credit Bank of Columbia v. Trudy Walker Holmes, et al., 89-CP-19-80.
(c) Shealy v. Shealy, Opinion Number 78-10 (Filed January 30, 1978).
(d) Eugene S. Blease and Quincy Blease v. Janice K. Green, et al., Opinion Number 86-MO-040 (Filed June 30, 1986).
(e) Judie W. Black v. William E. Black, 84-DR-41-133. 18. Five (5) civil appeals:
(a) Harvley v. Harvley, 310 S.E. 2d 161 (S.C. App., 1983).
(b) Tidwell v. Tidwell, Opinion Number 83-MO-83 (Filed April 14, 1983).
(c) McAbee v. McAbee, Opinion Number 83-MO-294 (Filed December 7, 1983).
(d) Burnett v. Burnett, S.C. App., 347 S.E. 2d 908, 290 S.C. 28 (1986).
(e) Kneece v. Kneece, S.C. App., 370 S.E. 2d 288, 296 S.C. 28 (1988). 19. Five (5) criminal appeals:
(a) The State v. Franklin Rogers, Opinion Number 80-MO-6 (Filed January 21, 1980). 20. Judicial Office: He was appointed as a Saluda County Magistrate on February 13, 1974. He was reappointed to this position on January 25, 1977. For quite some time he served as Chief Magistrate for Saluda County - (criminal jurisdiction of $200 or 30 days confinement; civil jurisdiction not to exceed $1,000). In May of 1975, he was appointed by the Town Council as Municipal Court Judge for the Town of Batesburg. He served in that capacity until September of 1982. (criminal jurisdiction of $200 or 30 days confinement; civil jurisdiction not to exceed $1,000) He resigned both positions to devote more time to his law practice. 21. Five (5) significant Orders or Opinions: His services as Magistrate and Municipal Court Judge dealt primarily with traffic violations and minor criminal offenses. There were no significant Orders or Opinions resulting from those decisions. 22. Public Office: He was elected Mayor of Ridge Spring in August of 1983, and began serving as Mayor on September 1, 1983. He was reelected in 1985, 1987, 1989 and 1991. He is currently serving in that capacity.
23. Unsuccessful candidate:
24. Any Occupation, Business or Profession Other Than the Practice of Law: 31. Sued: He was named as a Defendant in a lawsuit involving his services as attorney for the Town of Batesburg. The action was dismissed by a favorable summary judgment ruling. 33. His health is excellent. His last physical examination was on June 28, 1988, by Dr. David L. Castellone, Ridge Spring Family Practice Center, P. O. Box 128, Ridge Spring, South Carolina. 36. He is currently being treated for infection by Dr. Robert L. Sawyer, Sr., on February 11, 1992. Address: 403 West Butler Avenue, Saluda, South Carolina
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social and fraternal organizations: 41. He is the recipient of the Order of Palmetto, June 30, 1985; commended by Resolution of House of Representatives for Community Service, July 10, 1985; former member of Board of Commissioners on Grievances and Discipline, 1978-1980; Resolution of Fee Dispute Board (Panel Member for Eleventh Judicial Circuit); attorney for Towns of Batesburg, Monetta and Ward; Board of Directors, Upper Savannah Council of Governments, 1977-1992; Executive Committee, Upper Savannah Council of Governments, 1983-1992; former Chairman, Board of Directors, Upper Savannah Council of Governments, 1983-1984; active member of pro-bono program; past President, Ridge Spring-Monetta Jaycees, Recipient of Key Man Award on two occasions; Board of Directors, Saluda County Council on Aging; Board of Directors, Saluda County Department of Social Services; Board of Directors, South Carolina Municipal Association, 1985-1988; member, Saluda County Economic Development Board; Advisory Board, First Citizens Bank (Saluda Branch); and Youth Baseball Coach, Commissioner of Little Peach League, 1977 42. Five (5) letters of recommendation:
(a) William H. Rushton, Jr., Vice President/City Executive
(b) Honorable Jennings G. McAbee
(c) R. Clark DuBose, Esquire
(d) Patricia C. Edmonds, Executive Director
(e) Thelma A. Coleman
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION REPORTS NO COMPLAINTS OR REPRIMANDS AGAINST YOU. THE RECORDS OF THE HIGHWAY DEPARTMENT, SALUDA COUNTY SHERIFF'S OFFICE, SALUDA CITY POLICE DEPARTMENT, SLED, AND F.B.I. ARE NEGATIVE. THE JUDGMENT ROLLS OF SALUDA COUNTY ARE NEGATIVE. FEDERAL COURT RECORDS ARE NEGATIVE. YOU INDICATED THAT THERE WAS A SUIT IN WHICH YOU WERE A DEFENDANT, IN YOUR CAPACITY AS ATTORNEY FOR THE TOWN OF BATESBURG?
Q YOU PRACTICE IN SALUDA?
CHAIRMAN POPE: THE NEXT JUDGE IS WILLIAM CAMPBELL, WITH THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT #4.
WHEREUPON, WILLIAM M. CAMPBELL, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE, YOU WERE LAST SCREENED IN MARCH OF '88. YOU'VE REVIEWED YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. William M. Campbell, Jr.
2. He was born in Raleigh, North Carolina on July 11, 1938. He is presently 53 years old. 4. He was married to Susan Elizabeth Hilfer on June 12, 1982. He was previously divorced on February 7, 1977, William M. Campbell moving party; The Court of First Instance of Santo Domingo, incompatability; and divorced on February 23, 1981, Diane Follingstad, Richland County 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; the University of South Carolina, 1975-1977, Juris Doctor. 7. In college he participated in Kappa Alpha (RHO Chapter), 1960-1962, and was Chairman of the Student Union Dance Committee, 1961.
8. Legal/Judicial education during the past five years: 9. Courses taught or lectures presented:
(1) Faculty - New Family Court Judges Seminar, 1989 and 1991; 12. Legal experience since graduation from law school: December, 1977 - September, 1978 Part-time legal researcher for law firm of Sanders & Quackenbush October, 1978 - March, 1982 Special Prosecutor, Fifth Circuit (SC) Solicitor April, 1982 - June, 1983 Private practice as a partner in the law firm of Cotty & Campbell
20. Judicial Office: 21. Five significant Orders or Opinions Written:
(a) Marsh v. Hancock, 288 S.C. 341, 342 S.E. 2d 607.
(b) Morris v. Morris, 295 S.C. 37, 367 S.E. 2d 24.
(c) Estate of Barr v. Carson, 300 S.C. 171, 386 S.E. 2d 791.
(d) Whetstone v. Whetstone, Docket Number 83-DR-40-4150.
(e) Maloney v. Maloney, Docket Number 85-DR-40-0450. The cases referenced above are noted primarily for their legal significance. Equally important is the multitude of cases involving adoption, abuse and neglect, termination of parental rights, contempt, juvenile criminal matters, custody and other issues. In many instances, the factual determinations addressed in these cases are vastly more compelling than the legal considerations in the cases referred to in (a) - (e).
22. Public Office: 24. Any Occupation, Business or Profession Other Than the Practice of Law:
1962-1964 IBM Corporation - Sales
28. Arrested: 29. In 1978, the South Carolina Tax Commission inquired into the delayed filing of state tax returns. No penalty except the usual civil penalty and interest for late filing. 31. Sued: For divorce as described in 4(b). Otherwise, no. 33. His health is good. His last physical was in 1987 by Dr. James C. Owens, 1338 Taylor Street, Columbia, South Carolina. He had seen Dr. Owens on a continuing basis since 1987. 35. He wears glasses for farsightedness and mild astigmatism. He has a mild high frequency hearing loss.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social, and fraternal organizations: 42. Five letters of reference:
(a) Joel A. Smith, III, President
(b) Richard A. Harpootlian, Solicitor
(c) Harry W. Davis, Jr., Esquire
(d) Robert L. Gandy, Jr.
(e) Barbara A. Scott, Clerk of Court
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORT THAT NO COMPLAINTS OR CHARGES OF ANY KIND HAVE BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION LIKEWISE REPORTS NO RECORD OF ANY DISCIPLINARY ACTION AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE, AS ARE THE RICHLAND COUNTY SHERIFF'S OFFICE RECORDS AND COLUMBIA CITY POLICE DEPARTMENT RECORDS, AND SLED AND F.B.I. RECORDS. THE JUDGMENT ROLLS OF RICHLAND COUNTY ARE NEGATIVE AND THE FEDERAL COURT RECORDS ARE NEGATIVE. SO YOU'RE IN A SMALL GROUP OF JUDGES THAT HAVE NOT BEEN SUED. YOUR HEALTH IS STILL GOOD, OF COURSE?
CHAIRMAN POPE: MS. ANITA DALE DRENTEN. IF YOU WOULD, COME DOWN TO THE END.
WHEREUPON, ANITA D. DRENTEN, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q NOW, ONE THING YOU'RE GOING TO HAVE TO REMEMBER: THE COURT REPORTER IS WAY UP HERE, SO JUST SPEAK UP.
Q HOW WAS SHE DETERMINED A RUNAWAY? BY WHO?
Q MS. DRENTEN, YOU KNOW THIS IS THE ONLY HEARING WE EXPECT TO HAVE IN THIS MATTER, OF COURSE, AND WE WANT YOU TO -- WE HAVE YOUR MATERIALS; WE'VE READ IT. I THINK THAT'S PROBABLY ALL THE QUESTIONS WE HAVE. IF THERE'S SOMETHING THAT YOU WANT TO BRING TO OUR ATTENTION THAT HASN'T BEEN BROUGHT OUT, THIS IS THE TIME TO DO IT, BECAUSE, AS I SAY, WE PROBABLY WILL NOT BE HAVING ANY FURTHER HEARINGS, OTHER THAN THE ONE TODAY.
Q LET ME ASK YOU JUST ONE FINAL QUESTION. I WANT TO MAKE SURE I UNDERSTAND. WHAT DO YOU ALLEGE THAT JUDGE CAMPBELL DID WRONG? WHAT DID HE DO WRONG?
Q IS THERE ANYTHING, OTHER THAN -- IT'S CLEAR, YOU'RE SAYING HE MADE A BAD DECISION. IS THERE ANYTHING, OTHER THAN THE FACT YOU THINK HE MADE A BAD DECISION, THAT HE DID WRONG?
CHAIRMAN POPE: JUDGE CAMPBELL, YOU'RE FREE TO COME BACK --
Q -- AND TELL US ABOUT THIS MATTER.
CHAIRMAN POPE: ALL RIGHT. THE LAST JUDGE OF THE DAY. YOU'VE BEEN PATIENT. THIS IS JUDGE PETER R. NUESSLE. FAMILY COURT, SECOND JUDICIAL CIRCUIT, SEAT #1.
WHEREUPON, PETER R. NUESSLE, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE NUESSLE, YOU WERE SCREENED MARCH OF 1988. HAVE YOU REVIEWED YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY?
1. Peter R. Nuessle
2. He was born in Rochester, New York on February 26, 1945. He is presently 47 years old. 4. He was married to Barbara Marie Patterson on December 28, 1965. He has two children: Patterson Ryan, age 19 (student); and Cameron Stuart, age 18 (student). 5. Military Service: None 6. He attended the College of William and Mary, 1963-1967, B.A.; and the University of South Carolina, 1967-1970, J.D. 7. In college he was a member of the Sigma Chi Fraternity, 1964-1967, and in law school he was a member of the Phi Alpha Delta Fraternity, 1967-1970.
8. Legal/Judicial education during the past five years:
9. Courses taught or lectures presented: 12. Legal experience since graduation from law school:
1970-1973 Associate - Garvin and Grant, Aiken, SC, general practice
20. Judicial Office: 21. Five significant Orders or Opinions Written: (a) Margaret W. Topp v. Stephen V. Topp, 82-DR-02-1647, Judgment Roll #66,116, Aiken County. (b) Dorothy R. Roe v. Woodfor V. Roe, 89-DR-02-1637, Judgment Roll #79,994, Aiken County. (c) Claire M. Ahrens v. Lester G. Ahrens, 87-DR-02-1285, Aiken County. (d) Lillian Espinosa v. Ronald Espinosa, 88-DR-02-1288, Aiken County. (e) Aiken County Department of Social Services v. David Wilcox and Renee Wilcox, 88-DR-02-1773, Aiken County. 23. Unsuccessful Candidate: In 1980, he was a candidate for Aiken County Council, District 7. 33. His health is good. His last physical was in 1988 by Dr. Richard Magruder, 820 Saint Sebastian Way, Augusta, Georgia.
39. Bar Associations and Professional Organizations:
40. Civic, charitable, religious, educational, social, and fraternal organizations: 42. Five letters of reference:
(a) Patricia E. Guglieri, Branch Manager
(b) John W. Harte, Esquire
(c) B. Henderson Johnson, Jr., Esquire
(d) Robert E. Taylor
(e) Robert M. Bell, Esquire
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS OR CHARGES OF ANY KIND EVER HAVING BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION HAS NO RECORD OF ANY REPRIMANDS AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS, RECORDS OF THE AIKEN COUNTY SHERIFF'S OFFICE, THE RECORDS OF THE AIKEN CITY POLICE DEPARTMENT, SLED, AND THE F.B.I. ARE ALL NEGATIVE. FEDERAL COURT RECORDS ARE NEGATIVE, AND THE JUDGMENT ROLLS OF AIKEN COUNTY ARE NEGATIVE. YOUR HEALTH IS GOOD, JUDGE?
CHAIRMAN POPE: MS. ESPINOSA, I THINK, WAS HERE FIRST. MS. LILLIAN D. ESPINOSA.
WHEREUPON, LILLIAN D. ESPINOSA, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q NOW, YOU'RE GOING TO HAVE TO SPEAK UP AS BEST YOU CAN, BECAUSE SHE'S A LONG WAY OFF AND SHE'S GOT TO TAKE THIS DOWN. GIVE US YOUR ADDRESS, PLEASE.
WHEREUPON, PETER R. NUESSLE, HAVING BEEN PREVIOUSLY DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES FURTHER AS FOLLOWS:
Q WHY DON'T YOU START BY JUST STATING OUT THE CHRONOLOGY OF WHAT YOU UNDERSTAND AS TO WHAT HAPPENED, AND THE FACTS, TO WHATEVER EXTENT YOU WANT TO HIGHLIGHT THEM.
CHAIRMAN POPE: JUDGE, THANK YOU --
Q I NOTICE ON THE ORDER, OF COURSE, ON PAGE 13, THAT YOU RECOMMEND THE MOTHER SEEK COUNSELING AT AIKEN DEPARTMENT OF MENTAL HEALTH. HAD SHE BEEN SEEING THE DEPARTMENT OF MENTAL HEALTH PRIOR TO THIS ORDER? CAN YOU COMMENT ON THAT?
CHAIRMAN POPE: THANK YOU. WE'LL LET MS. MCNEILL COME --
Q DO YOU HAVE HIS REPORT, IN THAT FILE?
(RECESS FROM 2:10 P.M. TO 2:35 P.M.)
CHAIRMAN POPE: WE REALIZE MS. ESPINOSA IS STILL HERE, AND I THINK SHE WANTS TO SAY SOMETHING. WHY DON'T YOU JUST STAND UP, OR -- YOU CAN SIT DOWN THERE AT THE END OF THE TABLE --
Q -- AND TELL US WHAT YOU WANT TO BRING TO OUR ATTENTION.
JUDGE NUESSLE: MAY I MAKE ONE BRIEF COMMENT?
CHAIRMAN POPE: MS. MCNEILL?
WHEREUPON, KATHERINE G. MCNEILL, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q PLEASE STATE YOUR FULL NAME AND ADDRESS.
WHEREUPON, PETER R. NUESSLE, HAVING BEEN PREVIOUSLY DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES FURTHER AS FOLLOWS:
Q JUDGE, IS IT FAIR TO SAY THAT WHEN THE SON OF MRS. MCNEILL CAME BACK TO COURT ON THE CHANGE OF CONDITIONS, HE CERTAINLY HAD A HIGHER BURDEN OF PROOF THAN HE WOULD HAVE, IF HE HAD --
Q JUDGE, WE'RE GOING TO GO AHEAD AND LET YOU CONTINUE. I'M SORRY FOR THE INTERRUPTION.
OKAY. SORRY, JUDGE. GO AHEAD.
CHAIRMAN POPE: I THINK THIS CONCLUDES THE HEARING, THEN, UNLESS Y'ALL HAVE SOME REASON --
JUDGE NUESSLE: COULD I RESPOND? I KNOW YOU ALL ARE IN A HURRY.
CHAIRMAN POPE: WE'LL GO INTO EXECUTIVE SESSION.
(WHEREUPON, AT 4:00 P.M., THE HEARING IS CONCLUDED.)
The Judicial Screening Committee has reviewed and investigated the qualifications of the following candidates and makes certain findings of fact.
The following persons were unanimously found by the Committee to be qualified to serve:
Gary E. Clary, candidate for Judge of the Circuit Court at Large, Following the screening and prior to the issuance of this report, Thomas P. Cullen informed the Committee by letter dated April 8, 1992, that he was withdrawing as a candidate for Judge of the Circuit Court at Large, Seat #5. In the screening of The Honorable William M. Campbell, Jr., candidate for reelection as Judge of the Family Court of the Fifth Judicial Circuit, Seat #4, Ms. Anita Dale Drenten testified against Judge Campbell. Ms. Drenten testified that the Judge had ruled erroneously in the case of Clinton A. Hughes v. Anita D. Drenten, (Docket No. 89-DR-28-587). In this case Judge Campbell presided at a temporary hearing held on November 8, 1989, in which the issue was change of custody. In his Pendente Lite Order dated November 14, 1989, Judge Campbell found and concluded that the custody of the child of the parties would remain temporarily with the Plaintiff, Mrs. Drenten's ex-husband. The Order also appointed a Guardian ad Litem for the child and held in abeyance the issue of venue. The Guardian ad Litem, after investigating the case, subsequently recommended that custody be placed with Mr. Hughes. By Consent Order of Judge Robert H. Cureton, dated March 17, 1990, custody of Mrs. Drenten's daughter was placed with her ex-husband, Clinton Hughes. Both Mr. Hughes and Mrs. Drenten signed the Consent Order. It is clear, and this Committee finds, that Mrs. Drenten consented to give her husband custody, at least temporarily, in October of 1989. At that time the child had moved to Kershaw County and had enrolled at a new high school there. Subsequently, Mrs. Drenten had a change of heart, and a pick-up Order for the child had been issued. Mrs. Drenten complained that Judge Campbell's refusal to change custody at the temporary hearing resulted in the child becoming unmanageable and incorrigible. The record does not support Mrs. Drenten's contention in this respect. The Committee finds and concludes that Judge Campbell acted appropriately in all respects in this case. His Pendente Lite Order had the affect of maintaining the status quo only. The Order also appointed a Guardian ad Litem (Mr. Harry Davis), and Mr. Davis later investigated and recommended that custody stay with the father. Thus, the recommendation of the Guardian ad Litem was the same as the ruling of Judge Campbell and the Consent Order of Judge Cureton. Judge Campbell's Pendente Lite Order also clearly provided that the findings of the Court would not prejudice either party nor act as precedent in the case. Based upon the testimony and evidence presented, this Committee finds and concludes unanimously that the case of Hughes v. Drenten was handled appropriately by Judge Campbell in all respects and in no way diminishes his qualifications. The Committee unanimously finds that The Honorable William M. Campbell, Jr. is qualified as a candidate for reelection as Judge of the Family Court of the Fifth Judicial Circuit, Seat #4. In the screening of The Honorable Peter R. Nuessle, candidate for reelection as Judge of the Family Court of the Second Judicial Circuit, Seat #1, Lillian Espinosa testified against Judge Nuessle. Ms. Espinosa testified that the Judge ruled erroneously in the case of Ronald Espinosa v. Lillian Espinosa (Case No. 89-DR-02-769), in a hearing held on July 31, 1990. In that case the issue to be decided was the custody of the minor sons of the parties. In an Order dated September 6, 1989, these parties had consented for the father to be the custodial parent. That Order further provided that the custody issue would be reviewed at a later date, and the hearing of July 31, 1990, was thus held. The testimony was hotly contested, and there was evidence that the mother had done acts to allegedly alienate the children from the father. The mother presented evidence unfavorable to the father. The Guardian ad Litem recommended that neither party have custody and that the children should be placed in foster care. The Judge granted custody to the father in his Order dated September 7, 1990. The mother, Ms. Espinosa, abandoned her appeal from this ruling. This Committee finds and concludes that, while Judge Nuessle may have erred, he acted appropriately in this case. The complainant appears to be a very concerned parent and certainly loves her children. Being biased, naturally, she disagrees with Judge Nuessle's ruling. There is no evidence that Judge Nuessle is not qualified based upon his handling of Espinosa v. Espinosa. Also complaining against Judge Nuessle was Ms. Katherine G. McNeill who testified about the candidate's handling of the case of Michael McNeill v. Regina McNeill (Case No. 90-DR-02-621). Ms. McNeill is the mother of the Plaintiff Michael McNeill and the grandmother of the minor child of the parties. In this case Judge Nuessle held a hearing on February 28, 1991, and on April 23, 1991, concerning the issues of divorce and change of condition as to permanent custody. In February of 1990, the Property Settlement and Separation Agreement gave custody of the minor child to the mother. In November of 1990, the father brought an action to gain temporary and permanent custody of the minor child. A Guardian ad Litem was appointed by the Court, and she recommended that custody be placed with the father. In December of 1990, Judge Berry Mobley issued an Order which awarded temporary custody to the father. At the final hearing in May of 1991, the Guardian ad Litem recommended that permanent custody be placed with the mother, and the issue then became whether or not the father had proven a substantial change of condition to justify changing custody as of the date of the hearing conducted by Judge Nuessle. This Committee finds that the evidence at the hearing in Family Court was contested, and the parties were naturally emotional. We also find that the Judge acted within his parameters in awarding custody to the mother, inasmuch as he followed the recommendation of the Guardian ad Litem. There was other evidence recited in his Order which appeared to support his decision. Further, the husband had a higher burden of proof due to the posture that the case was in at the time of the hearing. Ms. McNeill also complained that Judge Nuessle was uncaring, inattentive and had a bad demeanor on the bench. Specifically, she testified that he clipped his nails and appeared inattentive while she was testifying in this matter. Judge Nuessle responded that he was not uncaring or inattentive, nor did he have a bad demeanor. As to the allegation that he clipped his nails, the Judge agreed that it would have been improper to have done this, but he denied doing so. This Committee believes that judicial temperament is the most important attribute for a candidate to possess. Clearly, Ms. McNeill came away from the Family Court hearing with an impression that Judge Nuessle had not shown the best demeanor. Ms. McNeill appeared to be an intelligent, conscientious person who genuinely believed that Judge Nuessle had not conducted the hearing with the proper demeanor. Nevertheless, since only one complainant came forward alleging questionable judicial temperament, the Committee does not feel that this allegation is prevalent or serious enough to warrant disqualification. Therefore, the Committee unanimously finds that The Honorable Peter R. Nuessle is qualified as a candidate for reelection as Judge of the Family Court of the Second Judicial Circuit, Seat #1.
Respectfully submitted, On motion of Rep. HODGES, the Report was ordered printed in the Journal.
The following invitation was taken up for immediate consideration and accepted.
April 27, 1992 Dear Rep. Foster: Today, our office received a telephone call from the Invitations Committee regarding an invitation to our Legislative Reception May 6, 1992, issued by Jay Bender. At the time Mr. Bender issued the invitation to the House of Representatives he was not a registered lobbyist for the Manufactured Housing Institute of South Carolina. Since that date, however, he has become registered as our lobbyist. So that there is no question regarding our compliance with the Ethics Act of 1991, I am reiterating our previous invitation. On behalf of the Manufactured Housing Institute of South Carolina, I am pleased to extend to the members of the South Carolina House, aids and attaches an invitation to join members of the Institute from throughout the State at a reception honoring the Legislature. The reception will be from 6:00 P.M. to 8:00 P.M. on Wednesday, May 6, 1992, McNair Mall, South side of the Capitol.
Sincerely,
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on: Invitation of S.C. Dairy Association for breakfast, May 7, 1992, 7:30 A.M. - 9:30 A.M. at the Capitol City Club. The invitation was accepted.
The following was received. Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Moore and Leatherman of the Committee of Conference on the part of the Senate on H. 4480: No. 386 Received as information.
Rep. VAUGHN moved that when the House adjourns, it adjourn in memory of Ronnie K. Pittman, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees: H. 4795 -- Reps. Rudnick, Whipper, Wilder, Shissias, Harvin, Rogers, Smith, Houck, Keyserling, Taylor, P. Harris, Glover, Byrd, Stone, J. Brown and McLeod: A BILL TO AMEND SECTION 44-66-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR PRIORITY OF PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS FOR A PERSON UNABLE TO CONSENT, SO AS TO AUTHORIZE SUCH PERSON TO EXECUTE A HEALTH CARE POWER OF ATTORNEY OR A LIVING WILL ON BEHALF OF A PERSON WHO IS IRREVERSIBLY INCAPABLE OF EXECUTING SUCH A DOCUMENT AND TO PROVIDE THAT THE DECISION OF A PERSON AUTHORIZED TO MAKE HEALTH CARE DECISIONS TAKES PRIORITY OVER SUCH A DOCUMENT. Referred to Committee on Judiciary. H. 4796 -- Reps. Rudnick, Keyserling, Cromer, Smith, Waites, Rogers, Shissias, Kempe, Whipper, Byrd, A. Young, Stone and Manly: A BILL TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY. Referred to Committee on Judiciary. H. 4797 -- Reps. Lanford, Littlejohn, Beatty, McGinnis, Wells and Bruce: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THE COUNTY, TO ABOLISH THE COUNTY BOARD OF EDUCATION, TO PROVIDE FOR THE DISTRIBUTION OF THE MILLAGE CONSTITUTING THE MINIMUM FOUNDATION FUNDING FOR THE SCHOOLS, REQUIRE THE SALE OF THE ASSETS OF THE COUNTY BOARD OF EDUCATION, AND PROVIDE FOR THE DISTRIBUTION OF THE SALE PROCEEDS. Rep. LANFORD asked unanimous consent to have the Bill placed on the Calendar without reference. Rep. KEMPE objected. Referred to Spartanburg Delegation.
STATEMENT FOR JOURNAL
I had informed the Spartanburg Delegation that I felt we needed to have a public hearing or a public meeting before we legislatively take away elected positions. H. 4799 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93. On motion of Rep. HOLT, with unanimous consent, the Bill was ordered placed on the Calendar without reference. S. 1323 -- Senator Drummond: A BILL TO AMEND SECTION 4-10-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION, COLLECTION, AND REVENUE DISTRIBUTION OF THE LOCAL SALES AND USE TAX, SO AS TO DELAY THE IMPOSITION DATE FROM MAY FIRST TO JUNE FIRST FOLLOWING APPROVAL AND TO DELETE AN OBSOLETE PROVISION. Referred to Committee on Ways and Means. S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE. Referred to Committee on Judiciary. S. 1327 -- Senator Williams: A BILL TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.
Rep. ROGERS raised the Point of Order that S. 1327 was out of order as it generated revenue and should have originated in the House of Representatives. The SPEAKER stated that although the impact of the Bill may generate some revenue as a result of charges that are assessed on waste that might be buried at Barnwell, the Bill itself did not generate any revenue. He further stated, citing Article III, Section 15, that the Bill authorized the extension of an operation facility and was not designed to generate revenue. He further stated that the Bill amended the Southeastern Compact and did not levy a fee and it did not authorize the levy of a fee and it did not automaticly result in any revenue being generated and he overruled the Point of Order. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs. S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES. Referred to Committee on Labor, Commerce and Industry. S. 1449 -- Senator Lourie: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN. Referred to Committee on Labor, Commerce and Industry.
The following was introduced: H. 4798 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARY LIGHTSEY HALL OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows. Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Baxley Beatty Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, April 29.
Dewitt Williams L. Edward Bennett George Bailey Irene K. Rudnick Danny M. Bruce Roland S. Corning E.B. McLeod Samual R. Foster Larry E. Gentry Douglas E. McTeer J.C. Johnson Ralph W. Canty STATEMENTS OF ATTENDANCE Reps. CORNING and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 23. Rep. R. YOUNG 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 2.
Announcement was made that Dr. Vick Murdaugh of Columbia is the Doctor of the Day for the General Assembly.
The following Joint Resolution was recalled. H. 4765 -- Reps. Quinn, Rogers, Rama, Koon, McKay, Harwell, Houck, Shissias, Sturkie, Hodges, Harrison, Corning, Cromer, Klapman, Haskins and Kirsh: A JOINT RESOLUTION TO REPEAL A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 350 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INCLUDE RIVER GRAVEL IN ASPHALT USED IN PROJECTS APPROVED BY BID. Rule 5.12 was waived by a division vote of 70 to 1.
The following Bill was taken up, read the third time, and ordered sent to the Senate. H. 4700 -- Reps. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer, Rama, Inabinett, D. Martin, Gonzales and R. Young: A BILL TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION TO BE SUBMITTED TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE DETERMINED BY COUNCIL.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading: S. 1500 -- Senator Helmly: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE CAINHOY PRECINCT. S. 1453 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE FORESTRY COMMISSION, RELATING TO HUNTING AND FISHING REGULATIONS ON STATE FOREST LANDS ESTABLISHED AS WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1476, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. BENNETT explained the Joint Resolution. H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION. H. 3868 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE. S. 1320 -- Senators Land, Hinds, Passailaigue and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES. Rep. STURKIE explained the Bill.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments. S. 379 -- Senator Mullinax: A BILL TO AMEND SECTIONS 40-79-10, 40-79-30 AND 40-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986" SO AS TO INCLUDE FIRE ALARM SYSTEM BUSINESSES WITHIN THE REGULATION AND LICENSURE PROVISIONS OF THE ACT. S. 452 -- Senator Waddell: A BILL TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.
The following Bills 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. 1204 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS. S. 1389 -- Senators Mullinax, Nell W. Smith and Macaulay: A BILL TO AMEND SECTION 51-13-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SPECIAL PURPOSE DISTRICT, SO AS TO RENAME THE DISTRICT AND PROVIDE THAT IT SHALL BE KNOWN AS THE "PENDLETON DISTRICT HISTORICAL, RECREATIONAL, AND TOURISM COMMISSION"; AND TO AMEND SECTION 51-13-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SO AS TO PROVIDE THAT THE COMMISSION IS EMPOWERED TO SUE AND BE SUED, ADOPT AND USE A CORPORATE SEAL, CHARGE ADMISSION FEES, AND PRESCRIBE RULES AND REGULATIONS WITH RESPECT TO ITS FACILITIES, PURPOSES, AND AFFAIRS, TO EMPLOY PERSONNEL, ACQUIRE PROPERTY, RECEIVE GRANTS, AND TO CONDUCT ACTIVITIES TO PROMOTE TOURISM. S. 1440 -- Senator Holland: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. RAMA having the floor. S. 1445 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NPDES PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1423, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. RAMA continued speaking. The Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up. H. 4521 -- Reps. L. Martin, Hallman, Corning, Wofford, Rama, H. Brown, Shissias, Haskins, Fulmer, Littlejohn, Lanford, Meacham, Manly, D. Elliott, Keyserling, Stone, Kirsh, D. Williams, McGinnis, Cato, G. Bailey, Quinn, Marchbanks, Stoddard, Rhoad, Jaskwhich, A. Young, Holt, Baker, Wright, Hendricks, Keegan, Wells, Sharpe, Council, Fair, Wilder, P. Harris, Riser, Snow, Koon, Phillips, Altman, Bruce, McCraw and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 38 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE CHAPTER OF TITLE 38, SO AS TO PROVIDE THAT "AUTOMOBILE INSURANCE POLICY" ALSO INCLUDES THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND REQUIRE AN INSTRUCTION TO THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE PROVISIONS OF LAW ON AUTOMOBILE INSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE SECTION AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO EXCLUDE PUNITIVE DAMAGES FROM THE DEFINITION OF "DAMAGES"; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO REFER TO "ACTUAL DAMAGES", AND PROVIDE THAT AN INSURER SHALL OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES, WHICH COVERAGE IS OPTIONAL WITH THE INSURED; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO REFER TO ACTUAL DAMAGES, INCREASE THE EXCLUSION AMOUNT REGARDING LOSS OR DAMAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, REQUIRE INSURERS TO OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER "NONSTACKABLE" POLICIES OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT PREMIUM RATES MADE BY INSURERS FOR UNINSURED MOTORIST COVERAGE MUST BE DETERMINED AND REGULATED AS PREMIUM RATES FOR AUTOMOBILE INSURANCE GENERALLY ARE DETERMINED AND REGULATED, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS, REQUIRE THE OFFERING OF UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT, AND ENACT CERTAIN PROVISIONS FOR INSURERS OFFERING UNINSURED MOTORIST COVERAGE; TO AMEND SECTION 56-9-350, RELATING TO THE REQUIREMENT THAT THE VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE FORM BE ISSUED FOLLOWING CERTAIN ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNER OR OTHER OPERATOR NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 AND WHO RESIDES IN THE SAME HOUSEHOLD MEETS ONE OF THE CONDITIONS OR FACTORS SPECIFIED IN SECTION 38-73-455 FOR APPLICATION OF THE OBJECTIVE STANDARDS RATE; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED IN THIS STATE MUST BE INSURED, SO AS TO DESCRIBE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240; RELATING TO THE REQUIREMENT THAT, UPON LOSS OF AUTOMOBILE INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER THE VEHICLE'S REGISTRATION AND PLATES, SO AS TO DESCRIBE THE MOTOR VEHICLES REFERENCED IN THE SECTION AS VEHICLES FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 10 OF TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT AUTOMOBILE INSURERS MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760 OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW SUCH POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, OR ECONOMIC STATUS OF ANYONE WHO SEEKS TO BECOME INSURED, PROVIDE THAT AN APPLICANT WHO IS DENIED COVERAGE MAY REQUEST THE DENYING INSURER TO PROVIDE IN WRITING THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE, AND REQUIRE THE INSURER TO RESPOND IN WRITING WITHIN TEN DAYS OF THE REQUEST; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38 SO AS TO PROVIDE FOR THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY AND FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, AND THAT INSURERS MAY PLACE ANY AUTOMOBILE INSURANCE RISK AT ANY OF THE FOUR RATE LEVELS WITHOUT RESTRICTION UNLESS PROVIDED OTHERWISE BY LAW; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS, BY ADDING LANGUAGE WHICH PROVIDES THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS NO CHARGEABLE ACCIDENTS OR DRIVING CONVICTIONS FOR THE PREVIOUS THREE YEARS; TO AMEND SECTION 38-57-130, RELATING TO INSURANCE, TRADE PRACTICES, AND THE PROHIBITION ON MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN ALL INSURANCE CONTRACTS, SO AS TO MAKE AN EXCEPTION FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE CONTRACT; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO INCREASE CERTAIN OF THE PENALTIES, AUTHORIZE PERFORMANCE OF PUBLIC SERVICE AS A PENALTY, PROVIDE FOR SUSPENSION OF THE DRIVING PRIVILEGE AND ALL LICENSE PLATES AND REGISTRATION CERTIFICATES ISSUED IN A PERSON'S NAME FOR SECOND, THIRD, AND SUBSEQUENT OFFENSE VIOLATIONS OF THE PROVISIONS OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THE CONVICTED PERSON'S PRIVILEGES MAY NOT BE REINSTATED UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS CERTAIN OTHER THINGS; TO PROVIDE THAT AFTER SEPTEMBER 30, 1992, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT IF THE DESIGNATED CARRIER FAILS TWO CLAIMS AUDITS, INCLUDING A RE-AUDIT, WITHIN THE CONTRACT TERM, THE DESIGNATED CARRIER IS DISQUALIFIED FOR RENEWAL OF ITS CONTRACT UPON EXPIRATION OF ITS EXISTING CONTRACT, AND PROVIDE THAT NO DESIGNATED PRODUCERS MAY RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY CEDED TO THE JOINT UNDERWRITING ASSOCIATION AND THAT AGENTS OR PRODUCERS OTHER THAN DESIGNATED PRODUCERS MAY NOT RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY WRITTEN DIRECTLY BY THE ASSOCIATION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE FORM AND THE EFFECT OF FAILURE TO RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE FOR THE DEPOSIT OF ANY FINE COLLECTED FOR A VIOLATION OF SECTION 56-10-270 AS A RESULT OF THESE TWO NEW SECTIONS; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; AND TO PROVIDE FOR THE SEVERABILITY AND THE CONSTITUTIONALITY OF THIS ACT AND FOR CERTAIN OBLIGATIONS AND SUBROGATION OF PERSONAL PROTECTION INSURERS UNDER CERTAIN CIRCUMSTANCES INVOLVING THE UNCONSTITUTIONALITY OR INVALIDITY OF SECTION 38-78-110.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 28, by the Committee on Labor, Commerce and Industry. Rep. J. BAILEY explained the amendment. Rep. ROGERS moved to adjourn debate upon the amendment. Rep. L. MARTIN moved to table the motion to adjourn debate. Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Brown, H. Bruce Cato Chamblee Clyborne Council Cromer Elliott, D. Fair Farr Fulmer Gonzales Hallman Harrison Hendricks Holt Hyatt Jaskwhich Keegan Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. McCraw McGinnis McKay Meacham Phillips Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Vaughn Wells Wilder Wilkins Wofford Wright Young, A.
Those who voted in the negative are: Altman Anderson Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Corbett Corning Delleney Elliott, L. Felder Glover Harrelson Harris, J. Harris, P. Hodges Houck Huff Inabinett Jennings Johnson, J.C. Kempe Kennedy Keyserling Martin, D. Martin, M. McAbee McElveen Rogers Ross Rudnick Scott Sheheen Shirley Taylor Townsend Tucker Waites Waldrop Whipper White Wilkes Williams, D. Williams, J.
So, the motion to table was agreed to. Reps. FARR, MCELVEEN, JENNINGS, HARRELSON, DELLENEY, J. BROWN and SCOTT objected to the Bill.
The following Bill was taken up. S. 1097 -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-142, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN, SO AS TO AUTHORIZE COVERAGE FOR ALCOHOL AND DRUG ABUSE PLANNING AGENCIES. Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6486.HC), which was adopted. Amend the bill, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. Chapter 11, Title 1 of the 1976 Code is amended by adding:
Employees and Retirees Insurance Section 1-11-710. (A) The State Budget and Control Board shall: (1) make available to active and retired employees of this State and its public school districts and their eligible dependents group health, dental, life, accidental death and dismemberment, and disability insurance plans and benefits in an equitable manner and of maximum benefit to those covered within the available resources. (2) approve by October first of each year a plan of benefits; eligibility; and employer, employee, retiree, and dependent contributions for the next calendar year. The board shall devise a plan for the method and schedule of payment for the employer and employee share of contributions. (3) adjust the plan, benefits, or contributions, at any time to insure the fiscal stability of the system. (4) set aside in separate continuing accounts in the State Treasury, appropriately identified, all funds, state-appropriated and other, received for actual health and dental insurance premiums due. Funds credited to these accounts may be used to pay the costs of administering the health and dental insurance programs and may not be used for purposes of other than providing insurance benefits for employees and retirees. A reserve equal to not less than an average of one and one-half months' claims must be maintained in the accounts and all funds in excess of the reserve must be used to reduce premium rates or improve or expand benefits as funding permits. (B) The board may authorize the Insurance Reserve Fund to provide reinsurance, in an approved format with actuarially developed rates, for the operation of the group health insurance or cafeteria plan program for active and retired employees of the State, and its public school districts and their eligible dependents. Premiums for reinsurance provided pursuant to this subsection must be paid out of state appropriated and other funds received for actual health insurance or cafeteria plan premiums due. Section 1-11-720. (A) In addition to the employees and retirees and their eligible dependents covered under the state health and dental insurance plans pursuant to Section 1-11-710, employees and retirees and their eligible dependents of the following entities are eligible for coverage under the state health and dental insurance plans pursuant to the requirements of subsection (B): (1) counties; (2) regional tourism promotion commissions funded by the Department of Parks, Recreation and Tourism; (3) county mental retardation boards funded by the State Mental Retardation Department; (4) regional councils of government established pursuant to Article 1, Chapter 7 of Title 6; (5) regional transportation authorities established pursuant to Chapter 25 of Title 58; (6) alcohol and drug abuse planning agencies designated pursuant to Section 61-5-320; (7) special purpose districts created by act of the General Assembly that provide gas, water, or sewer service, or any combination of such services. (B) To be eligible to participate in the state health and dental insurance plans, the entities listed in subsection (A) shall comply with the requirements established by the State Budget and Control Board, and the benefits provided must be the same benefits provided to state and school district employees. These entities must agree to participate for a minimum of two years and the board may adjust the premiums during the coverage period based on experience. Section 1-11-730. (A) A person covered by the state health and dental insurance plans who terminates employment with at least twenty years retirement service credit by a state-covered entity before eligibility for retirement under a state retirement system is eligible for the plans effective on the date of retirement under a state retirement system, if the last five years are consecutive and in a full-time permanent position with a state-covered entity. (B) A member of the General Assembly who leaves office or retires with at least eight years credited service in the General Assembly Retirement System is eligible to participate in the plans by paying the full premium costs as determined by the State Budget and Control Board. (C) An active employee retiring with ten or more years of state-covered entity service credited under a state retirement system is eligible for state-paid premiums, if the last five years are consecutive and in a full-time permanent position with a state-covered entity. (D) A person covered by the plans who retires with at least five years' service credited under a state retirement system is eligible to participate in the plan by paying the full premium costs as determined by the board. (E) All state and school district employees employed before July 1, 1984, who were or would have been eligible for the plans upon completion of five years service are exempt from the provisions of this section and are eligible for the plan effective on the date of their retirement. Section 1-11-740. The Division of Insurance Services of the State Budget and Control Board may develop an optional long-term care insurance program for active and retired members of the various state retirement systems depending on the availability of a qualified vendor. A program must require members to pay the full insurance premium." SECTION 2. Section 6-7-190 of the 1976 Code is amended to read:
"Section 6-7-190. Each council of government established under authority of this article exists for nonprofit and public purposes and is a public agency, and the carrying out of the purpose of each council of government is exclusively for public benefit and its property is public property, and no council of government is required to pay any state or local ad valorem tax, income tax, or other taxes from which public agencies are exempt. Councils of government may participate in the State Retirement System and utilize the services of the State Purchasing Department of the Division of General Services SECTION 3. Section 58-25-80 of the 1976 Code is amended to read:
"Section 58-25-80. Each authority established, including any formed under Chapter 25 of Title 58 of the 1976 Code prior to the effective date of this chapter, SECTION 4. Sections 1-11-142, 1-11-144, 1-11-440, 8-11-81, 8-11-82, 8-11-84, and 8-11-85 of the 1976 Code are repealed. Act 124 of 1989 is repealed. SECTION 5. This act takes effect July 1, 1992./ Renumber sections to conform. Amend totals and title to conform. Rep. BOAN explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up. S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION. Reps. HODGES, WAITES, ROGERS, KEMPE, KEYSERLING and BARBER objected to the Bill.
Rep. BOAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request. H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION. The yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Council Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Haskins Hendricks Hodges Holt Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay Meacham Neilson Phillips Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are: Corning Kennedy Sheheen Shissias Waites
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to. The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, CARNELL and H. BROWN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
I would like the journal to reflect that I voted against Free Conference powers out of concern for a proposed change in the language which would allow another Bond Bill in 1993. Rep. ROLAND S. CORNING
I opposed giving Free Conference powers because I am opposed to having another Bond Bill next year. Rep. CANDY WAITES
The following Bill was taken up. H. 3869 -- Rep. Snow: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS. The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8334.BD), which was adopted. Amend the bill, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. Chapter 17, Title 50 of the 1976 Code is amended by adding:
Point System for Violations of Coastal Fisheries Laws Section 50-17-1110. For the purposes of this article: (1) 'Coastal fisheries privileges' means the privilege to engage in an activity involving fishing or taking, attempting to take, or possessing fish, shellfish, crustaceans, or products of them as defined in Section 50-17-15 and includes an activity for which a license or permit is required from the Division of Marine Resources and the privilege to hold a license or permit. (2) 'Conviction' includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. (3) 'Department' means the South Carolina Wildlife and Marine Resources Department. Section 50-17-1120. (A) There is established the following point system to be used by the department in suspending the privileges, licenses, and permits of persons convicted for violations of law and regulations which apply to coastal fisheries activities within this State: (1) fishing or taking, attempting to take, buying, selling, or offering for sale fish, shellfish, or crustaceans without a proper license or permit: 18; (2) fishing or taking or attempting to take fish, shellfish, or crustaceans in an unlawful manner, during unlawful hours or during the closed season for the activity, except shrimp trawling violations or violations in areas closed by the South Carolina Department of Health and Environmental Control: 10; (3) violating commercial fishing license or permit conditions: 8; (4) using unlawful or unauthorized fishing methods, gear, or equipment: 8; (5) failing to keep records or make reports required by law or regulation: 6; (6) violating size limit provisions set by law for fish, shellfish, crustaceans, or other seafood products: 6; (7) possessing more than the legal limit of fish, shellfish, or crustaceans: 6; (8) unlawfully buying, selling, or offering for sale fish, shellfish, crustaceans, or other seafood products by a properly licensed or permitted person: 10; (9) harvesting shellfish on culture permit areas or state bottoms without proper permission or permit: 8; (10) harvesting shellfish in an area closed to shellfishing by the Department of Health and Environmental Control: 18; (11) stealing catch or fishing equipment or damaging or interfering with fishing equipment: 18; (12) trawling or channel netting in an area closed to trawling or during closed season: 8; (13) captain or crew of a boat failing to cooperate with an enforcement officer: 18; (14) wilfully impeding or obstructing the lawful harvest of marine species: 18; (15) trawling during unlawful hours or within restricted areas off beaches: 8; (16) violating law pertaining to female sponge crabs: 8; (17) fishing or taking, attempting to take, or possessing fish, shellfish, crustaceans, or other seafood products in an illegal manner not mentioned specifically in this section: 6. (B) The points and penalties assessed under this section are in addition to other civil remedies and criminal penalties which may be assessed. Section 50-17-1130. Each time a person is convicted of a violation enumerated in Section 50-17-1120 the number of points assigned to a violation must be charged against him. For each calendar year in which the person received no points, the department shall deduct one-half of the accumulated points if the total number of points is greater than three. If a person has three or less points at the end of a calendar year in which no points were received, the department shall reduce his point total to zero. The points and penalties assessed are in addition to other civil remedies and criminal penalties. Nothing in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the law of this State. However, the suspension provisions of this article, when applied, are in lieu of other suspension provisions under the law of this State. Section 50-17-1140. The department shall suspend for one year the coastal fisheries privileges and associated licenses and permits issued to a person who has accumulated eighteen or more points. The suspension begins the eleventh day after the person receives written notice by mail, return receipt requested, of the suspension and ends the same day the following year. The suspension provisions of this article do not apply to a boat or vessel license or permit, except as applied to a person operating the boat or vessel under Section 50-17-1120(A)(1). Section 50-17-1150. (A) Upon determination by the department that a person has accumulated sufficient points to warrant the suspension of his privileges, the department shall notify him in writing, return receipt requested, that his privileges have been suspended, and he shall return the license or permit, other than a boat or vessel license or permit, in his name to the department within ten days. (B) The person, within ten days after the notice of suspension, may request in writing a review and, upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review, and he may be represented by an attorney. The review must take place within twenty working days of receiving the request. (C) If the person requests a review, the suspension must be held in abeyance until the day of the final disposition of his review by the department. If the suspension is upheld, the suspension begins the eleventh day after the review and ends the same day the following year. The review by the department is limited to a determination of the validity of the violations and points assessed. No probationary authority is given to the department. Section 50-17-1160. (A) A person whose privileges have been suspended may appeal the decision of the department under Article 3, Chapter 23 of Title 1, the Administrative Procedures Act. (B) If the person requests a review upon the record, the suspension is held in abeyance until the day of the final disposition of the appeal, and if the suspension is upheld, the suspension begins that day and ends the same day the following year. Section 50-17-1170. After the expiration of the suspension period the person's record must be cleared of all points. Section 50-17-1180. The department shall administer and enforce this article and may promulgate regulations for its implementation. The department shall print and distribute a brochure explaining the point system. Section 50-17-1190. A person engaging in activities suspended by this article while the suspension is in effect is guilty of a misdemeanor and, upon conviction, for a first offense must be fined two hundred dollars or imprisoned thirty days and have his coastal fisheries privileges suspended for an additional three-year period for each offense. A person convicted of a second or subsequent offense under this section must be fined two thousand five hundred dollars or imprisoned one year." SECTION 2. This act takes effect upon approval by the Governor./ Amend title to conform. Rep. SNOW explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following was introduced: H. 4800 -- Reps. Kempe, McGinnis and Beatty: A CONCURRENT RESOLUTION CONGRATULATING CHRIS BARRETT OF BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY UPON RECEIVING ONE OF THE NATIONAL BETA CLUB'S TOP FOUR SCHOLARSHIPS. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were taken up, read the second time, and ordered to a third reading: S. 899 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP. H. 4572 -- Reps. Hendricks and L. Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE. Rep. L. MARTIN explained the Bill.
The following Bill was taken up. S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES. The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2393.AC). Amend the bill, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. Section 47-5-60 of the 1976 Code is amended to read:
"Section 47-5-60. SECTION 2. Section 47-5-150 of the 1976 Code is amended to read:
"Section 47-5-150. SECTION 3. Section 47-5-180 of the 1976 Code is amended to read:
"Section 47-5-180. The
SECTION 4. Sections 47-5-70, 47-5-130, 47-5-140, 47-5-160, and 47-5-170 of the 1976 Code are repealed. SECTION 5. This act takes effect upon approval by the Governor./ Amend title to conform. Reps. CROMER, ROGERS, WAITES, HODGES and McELVEEN objected to the Bill.
The following Bill was taken up. H. 3520 -- Reps. Whipper, Rogers, White, Hallman, Fulmer, Holt, J. Bailey, Beatty, McLeod, Haskins, Kempe and Rudnick: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-401 SO AS TO REQUIRE A CONSUMER CREDIT REPORTING AGENCY TO ACCURATELY REPORT INFORMATION AND TO VERIFY AND UPDATE CONSUMER CREDIT INFORMATION WITHIN THIRTY DAYS OF RELEASING THE INFORMATION AND TO PROVIDE CIVIL LIABILITY FOR NONCOMPLIANCE. The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8294.AC), which was adopted. Amend the bill, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. Chapter 1, Title 37 of the 1976 Code is amended by adding:
Consumer Credit Reporting Agencies Section 37-1-401. (A) A consumer credit reporting agency which gathers, compiles, and disseminates information on consumers obtained from public records as defined in Section 30-4-20(c) in accordance with the Federal Consumer Credit Protection Act must verify and update all information contained in the report before its release. (B) A consumer credit reporting agency which inaccurately reports information obtained from public records because of its failure to verify and update the information before releasing a report is liable to the consumer: (1) in the case of wilful noncompliance, for actual and punitive damages and attorney's fees; (2) in the case of negligent noncompliance, for actual damages and attorney's fees." SECTION 2. This act takes effect upon approval by the Governor./ Amend title to conform. Rep. L. MARTIN explained the amendment. The amendment was then adopted. Rep. GONZALES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2594.AC), which was adopted. Amend the bill, as and if amended, Section 37-1-401(A), page 1, line 37, by inserting /such/ before /information/. Renumber sections to conform. Amend title to conform. Rep. GONZALES explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up. H. 3745 -- Reps. Hayes, H. Brown, Rudnick, Baxley, Kirsh, G. Bailey, G. Brown, Meacham, Nettles, Rama, Altman, Jaskwhich, Gentry, Wilkes, Baker, Clyborne, T.C. Alexander, Rhoad, McCain, Sharpe, Harvin and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-70 SO AS TO ALLOW A LANDLORD WHERE RENTAL PROPERTY IS MANAGED BY A CORPORATION TO DESIGNATE IN WRITING A CORPORATE EMPLOYEE OR AGENT WHO MAY REPRESENT THE LANDLORD IN THE COURTS OF THIS STATE IN ALL MATTERS ARISING UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE LANDLORD IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW. The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19099.HC), which was adopted. Amend the bill, as and if amended, by striking Section 27-40-70, as contained in Section 1, page 1, and inserting: /Section 27-40-70. A licensed real estate agent or broker or a licensed property manager in the conduct of his licensed business, either in person or through one or more regular employees, may complete a form writ of eviction and present facts to judicial officers on behalf of his landlord/principal in support of an action for eviction, distress, abandonment, or a combination of these actions, when no separate charge is made for this service./ Amend title to conform. Rep. McLEOD explained the amendment. The amendment was then adopted. Rep. T.C. ALEXANDER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19163.SD), which was adopted. Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read: /SECTION ____. The 1976 Code is amended by adding: "Section 27-39-275. Personal property belonging to a tenant removed from a premises as a result of a collection of rent by distraint proceeding and placed on a public street or highway may be removed by the appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays. The notice of ejectment must clearly inform the tenant of the provisions of this section."/ Renumber sections to conform. Amend title to conform. Rep. T.C. ALEXANDER explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up. H. 4402 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-45 SO AS TO PROVIDE THAT A STATE LICENSED OR STATE CERTIFIED REAL ESTATE APPRAISER IS NOT REQUIRED FOR REAL-ESTATE-RELATED FINANCIAL TRANSACTIONS WHICH ARE EXEMPTED FROM THE APPRAISAL REQUIREMENT UNDER THE REGULATIONS OF THE FEDERAL BANKING AGENCIES. Reps. RAMA, R. YOUNG, HOLT, HALLMAN, FULMER, SCOTT, WRIGHT, CROMER, and A. YOUNG objected to the Bill.
The following Bill was taken up. H. 4514 -- Rep. Quinn: A BILL TO AMEND SECTION 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES WHICH A LENDER MAY RECEIVE IN CONNECTION WITH A CONSUMER LOAN NOT CONSIDERED FINANCE CHARGES, SO AS TO DELETE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS, AND TO ADD SECTION 37-3-211 SO AS TO PROVIDE THAT FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS ARE CONSIDERED FINANCE CHARGES. Reps. FULMER, RAMA, R. YOUNG, HALLMAN, and GONZALES objected to the Bill.
The following Bill was taken up. S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST. Rep. WILKINS moved to adjourn debate upon the Bill. Rep. McLEOD moved to table the motion. Rep. HALLMAN demanded the yeas and nays, which were not ordered. The House refused to table the motion by a division vote of 9 to 42. The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. BOAN moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted. S. 852 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, AND TO PROVIDE A PENALTY.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted. S. 1365 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 38 SO AS TO PROVIDE FOR THE MANAGING GENERAL AGENTS ACT.
The following Bill was taken up. H. 3961 -- Reps. Hayes, Wofford and Manly: A BILL TO AMEND TITLE 16, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S OMBUDSMAN AND PROVIDE FOR POWERS AND DUTIES. The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3764.AL). Amend the bill, as and if amended, by striking /Ombudsman/ and /ombudsman/ wherever it appears in the bill and inserting /Advocate/ and /advocate/ respectively. When amended the bill reads:
Crime Victim's Advocate Section 16-3-1610. Definitions. As used in this article: (1) 'Appropriate authority' means a person who is the subject of a complaint to the crime victim's advocate or a person within the agency who is in a supervisory position with regard to one who is the subject of a complaint. (2) 'Elements of the criminal and juvenile justice system' means circuit solicitors and members of their staff; law enforcement officers; probation, parole, and correction officers; the judiciary; the Department of Youth Services; state officials involved in the criminal justice system; and any state, county, or municipal victim advocacy personnel. (3) 'Victim assistance program' means an entity which provides, is required by law to provide, or claims to provide services and assistance to victims on an ongoing basis. Section 16-3-1620. Office Created. The office of Crime Victim's Advocate for South Carolina is created. The advocate is appointed by the director of the State Office of Victim Assistance (SOVA) with the advice of the South Carolina Advisory Board for Victim Assistance, and serves at the pleasure of the State Office of Victim Assistance director. The advocate is accountable directly to the director of the State Office of Victim Assistance. The State Office of Victim Assistance shall develop the procedures necessary to implement the provisions of this act. Section 16-3-1630. Duties. (A) The advocate shall investigate complaints concerning possible violations of the rights of crime victims or witnesses provided in the Victim's and Witness's Bill of Rights, the delivery of victims' services by victims assistance programs, and other complaints of mistreatment by elements of the criminal and juvenile justice system or victim assistance programs. (B) The advocate shall act as a liaison between agencies, either in the criminal justice system or in victim assistance programs, and victims and witnesses. (C) A toll free telephone number must be established to contact the advocate to answer questions concerning the criminal justice system and victims' services unless the information requested is restricted. The advocate shall establish a procedure for referral when services are requested by crime victims or considered by him to be necessary. (D) Information and files received by the advocate are confidential during the course of an investigation or while the files are active and retain their confidential status upon completion of the investigation or when the files are placed on inactive status. Section 16-3-1640. Powers. The advocate has the power necessary to carry out the duties set forth in Section 16-3-1630, including: (1) to investigate any action of the criminal justice system or a victim assistance program; (2) to request and obtain access to information pertaining to a complaint. The advocate shall request and obtain access to police reports pertaining to juveniles and juvenile delinquency petitions. Any information received by the advocate retains its data classification while in the advocate's possession. Juvenile records obtained under this section may be released only in accordance with provisions of the Children's Code; (3) to inform in writing the complainant, the investigated person or entity, and other appropriate authorities, including the Attorney General and the Chief Justice of the Supreme Court, of any action taken after completing an investigation. If the complaint involves the conduct of the criminal justice system in relation to a criminal or civil proceeding, the advocate's findings must be forwarded to the court in which the proceeding occurred. Section 16-3-1650. No compelled testimony. The advocate or any member of his staff may not be compelled to testify in a court with respect to matters involving the exercise of official duties except as may be necessary to enforce the provisions of this section. Section 16-3-1660. Recommendations. Upon finding that a complaint is valid after an investigation, the advocate shall recommend action to the appropriate authorities, which within a reasonable time period, shall inform the advocate about the action taken or the reason for not complying with the recommendation. Section 16-3-1670. Compliances. The State Office of Victim Assistance shall develop procedures for monitoring actions recommended in cases of noncompliance with the law. The agency shall provide technical assistance and training, if necessary, with the investigated agency to help assure future compliance. Refusal by the investigated agency to cooperate with the advocate shall result in a complaint by the advocate to the appropriate federal, state, or local authority with program or fiscal accountability for the services provided by the investigated agency. The federal, state, or local authority shall forward a report of action taken to an oversight committee established by the General Assembly with representation from the Governor annually to review summary information on compliance with the law. The State Office of Victim Assistance shall submit an annual report summarizing noncompliance issues and recommending solutions to the oversight committee." SECTION 2. Analysis lines following each code section in this bill are for informational purposes only and are not part of the code itself. SECTION 3. This act takes effect upon approval by the Governor./ Amend title to conform. Rep. LANFORD explained the amendment. Rep. COBB-HUNTER objected to the Bill. Rep. LANFORD continued speaking. Rep. COBB-HUNTER moved to adjourn debate upon the Bill, which was adopted.
The following Bill and Joint Resolution 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. 1388 -- Senator Land: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS OF THE ANNUAL AUDIT OF THE OFFICES OF COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE APPLICABLE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1992; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO MANDATED POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR DISCLOSURE OF NET TAXABLE SALES TO AUTHORITIES OF A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-4-730, RELATING TO DECLARATION AND CERTIFICATION OF EXEMPTIONS AND VOIDING OF TAX NOTICES BY AUDITORS, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE INCOME TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTION 12-7-640, RELATING TO NET INCOME OF PUBLIC SERVICES CORPORATIONS, SO AS TO PROVIDE FOR THE APPORTIONMENT OF INCOME DERIVED FROM THE OPERATION OF A SHIPPING LINE; TO AMEND SECTIONS 12-7-1510, 12-7-1640, AS AMENDED, 12-19-20, AS AMENDED, 12-19-150, 33-31-50, AND 33-35-50, RELATING TO PERSONS REQUIRED TO FILE TAX RETURNS, SO AS TO ELIMINATE THE FILING REQUIREMENTS OF EXEMPT ORGANIZATIONS EXCEPT WHERE TAX ON UNRELATED BUSINESS INCOME IS DUE; TO REPEAL SECTION 33-35-150, RELATING TO ANNUAL REPORTS OF CERTAIN NONPROFIT CORPORATIONS; TO AMEND SECTION 12-7-1675, AS AMENDED, RELATING TO FAILURE TO FILE TAX RETURNS, SO AS TO ALLOW THE COMMISSION TO ISSUE ASSESSMENTS AGAINST CORPORATIONS THAT HAVE BEEN ADMINISTRATIVELY DISSOLVED YET CONTINUE TO FILE RETURNS; TO AMEND SECTIONS 12-7-1680, 12-9-670, AND 12-54-240, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CHANGE THE RECORDS RETENTION SCHEDULES TO SIX YEARS; TO AMEND SECTIONS 12-7-2415 AND 12-7-2416, RELATING TO TAX CHECK-OFFS FOR WILDLIFE AND THE CHILDREN'S TRUST FUND RESPECTIVELY, SO AS TO RESTRICT SUCH CHECK-OFFS TO INDIVIDUAL INCOME TAX RETURNS ONLY; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO FURTHER PROVIDE FOR EXEMPTIONS FROM THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-9-420, RELATING TO THE LIABILITY OF A WITHHOLDING AGENT FOR FAILING TO WITHHOLD OR PAY THE TAX DUE, SO AS TO DEFINE WITHHOLDING AGENT; TO AMEND SECTION 12-16-20, RELATING TO THE ESTATE TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-2575 SO AS TO ALLOW FOR OTHER METHODS OF ACCOUNTING FOR ADMISSIONS OTHER THAN TICKETS; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO EXEMPT FROM THE COIN OPERATED DEVICE LICENSES AND TAXES CERTAIN MACHINES SUBJECT TO THE ADMISSIONS TAX; TO AMEND SECTION 12-31-420, RELATING TO CALCULATING THE AMOUNT OF FUEL USED BY A MOTOR CARRIER, SO AS TO REVISE THE METHOD OF CALCULATING AMOUNTS OF FUEL USED; TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, AS AMENDED, 12-36-2560, AND 12-36-2650, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE TAX COMMISSION IS NOT REQUIRED TO USE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S RECOMMENDATIONS WHEN VALUATING POLLUTION CONTROL PROPERTY, TO REQUIRE CERTAIN NOTIFICATION TO THE TAX COMMISSION RATHER THAN THE COUNTY AUDITOR, TO DEFINE NONPROFIT HOUSING CORPORATIONS AND ENSURE THAT PROPERTY IS USED EXCLUSIVELY FOR THE ELDERLY AND HANDICAPPED, AND TO EXEMPT ALL INVENTORY FROM THE TAX EFFECTIVE AS OF A SPECIFIED DATE; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO ISSUANCE OF TAX NOTICES FOR VEHICLES, SO AS TO INFORM TAXPAYERS OF THEIR APPEAL RIGHTS WHEN THEIR PERSONAL PROPERTY IS ASSESSED BY THE COUNTY AUDITOR IN ACCORDANCE WITH TAX COMMISSION REGULATIONS; TO AMEND SECTION 12-39-180, RELATING TO PROPERTY TAX, SO AS TO PROVIDE FOR A UNIFORM MINIMAL ASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO EXTEND THE TIME FOR FILING FOR THE FOUR PERCENT RATIO APPLICABLE TO AN OWNER-OCCUPIED LEGAL RESIDENCE FROM MAY FIRST OF THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED TO ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES DUE FOR THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED, TO REVISE THE DATE FOR THE PUBLISHING OF NOTICES, AND TO MAKE THE EXTENDED DATE APPLY FOR TAX YEARS BEGINNING AFTER 1990; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION SHALL ASSESS THE PROPERTY OF MERCHANTS AND RELATED BUSINESSES; TO AMEND SECTION 12-47-70, AS AMENDED, RELATING TO THE ABATEMENT OR REFUND OF INCURRED PROPERTY TAXES, SO AS TO PROVIDE A REFUND PERIOD OF THREE YEARS FROM THE DATE THE TAXES COULD HAVE BEEN PAID WITHOUT A LATE PAYMENT PENALTY; TO AMEND SECTION 12-54-80, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO REVISE THE MANNER IN WHICH THE SIX-YEAR STATUTE OF LIMITATIONS FOR UNDERREPORTED TAXES MAY BE ADMINISTERED; TO AMEND SECTION 12-54-225, RELATING TO THE AUTHORITY OF THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX INFORMATION, SO AS TO MAKE IT POSSIBLE FOR THE COMMISSION TO COMPLY WITH THE LAW IF INFORMATION EXCHANGED WITH OTHER STATES IS MISUSED; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE TAX COMMISSION BY EMPLOYEES AND AGENTS OF THE COMMISSION AND STATE AUDITOR'S OFFICE PROHIBITED, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL EXCEPTIONS; TO AMEND SECTION 12-54-420, AS AMENDED, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO ALLOW POLITICAL SUBDIVISIONS TO PARTICIPATE; TO AMEND SECTION 27-18-20, RELATING TO CHECKS OR DRAFTS MAILED TO AN OWNER AND RETURNED UNDELIVERABLE OR NOT PRESENTED FOR PAYMENT, SO AS TO DEFINE UNCLAIMED PROPERTY FOR PURPOSES OF THE SECTION; TO REPEAL SECTION 11-5-110, RELATING TO THE WRITING-OFF OF UNPAID CHECKS BY THE STATE TREASURER; TO AMEND SECTION 33-15-300, RELATING TO EQUAL TREATMENT FOR FOREIGN AND DOMESTIC CORPORATIONS FOR ADMINISTRATIVE CLOSINGS, SO AS TO INCLUDE FAILURE TO PAY INCOME TAXES AS A REASON FOR A CORPORATION TO BE DISSOLVED; TO AMEND SECTION 40-60-30, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROHIBIT STATE REGISTERED REAL ESTATE AGENTS FROM PERFORMING APPRAISALS FOR AD VALOREM TAX OR ESTATE TAX APPRAISALS; TO AMEND SECTION 40-60-50, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, SO AS TO PROVIDE THAT ONE MEMBER MUST BE AN EMPLOYEE OF A STATE AGENCY EMPLOYING PERSONS REQUIRED TO BE LICENSED OR CERTIFIED PURSUANT TO CHAPTER 60 OF TITLE 40; TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN BINGO REVENUE MUST BE DISTRIBUTED; AND TO PROVIDE THAT FOR THE CALENDAR YEAR OF 1992, PERSONNEL FROM THE ASSESSOR'S OFFICE AND THE PROPERTY DIVISION WILL NOT BE REQUIRED TO ATTEND PRESCRIBED COURSES THE CALENDAR YEAR OF 1992 IF THEY HAVE TAKEN AT LEAST TWO REQUIRED COURSES DURING THE 1991 CALENDAR YEAR. S. 1484 -- Senators J. Verne Smith, Leatherman, Stilwell, Mitchell, Drummond, Macaulay, McConnell, Peeler, Thomas, Russell, Reese and Courtney: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1992-93 ONLY, THE FIRST TWENTY MILLION DOLLARS RATHER THAN THE FIRST TEN MILLION DOLLARS IN SHIMS TAX REVENUES MUST BE CREDITED TO THE ECONOMIC DEVELOPMENT ACCOUNT AND USED FOR A SPECIAL ECONOMIC DEVELOPMENT PROJECT AND TO PROVIDE THAT, IF THE ADDITIONAL REVENUES ARE NOT NEEDED FOR THE PROJECT, THE TEN MILLION DOLLARS REVERT TO THE SHIMS FUND.
Rep. HOLT moved that the House recur to the morning hour, which was agreed to by a division vote of 48 to 44.
The following Bill was taken up, read the second time, and ordered to a third reading: H. 4360 -- Reps. Wilkins, Harrison and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-247 SO AS TO ESTABLISH A STATEWIDE AUTOMATED CHILD SUPPORT ENFORCEMENT SYSTEM BY PROVIDING THAT COUNTY CLERKS OF COURT PROCESS CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT BY USING THE STATEWIDE AUTOMATED SYSTEM DEVELOPED IN CONJUNCTION WITH THE CLERKS OF COURT AND IMPLEMENTED THROUGH THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES.
The following Bill was taken up. H. 4510 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT. The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6485.HC), which was adopted. Amend the bill, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. Title 44 of the 1976 Code is amended by adding:
Physicians' Patient Records Act Section 44-115-10. This chapter may be cited as the Physicians' Patient Records Act. Section 44-115-20. The physician is the owner of medical records in his possession that were made in treating a patient and of records transferred to him concerning prior treatment of the patient. Section 44-115-30. A patient or his legal representative has a right to receive a copy of his medical record, or have the record transferred to another physician, upon request, when accompanied by a written authorization from the patient or his representative to release the record. Section 44-115-40. Except as otherwise provided by law, a physician shall not honor a request for the release of copies of medical records without the receipt of express written consent of the patient or person authorized by law to act on behalf of the patient. Except as otherwise provided by law, a physician shall not honor a written authorization for the release of copies of the record where the authorization does not specify with reasonable certainty the purpose for which the information is sought or specific dates or instances of treatment. Section 44-115-50. A physician may rely on the representations of a health and life insurance carrier or administrator of health and life insurance claims that the authorization of the patient or of a person upon whose status the patient's claim depends for release of the medical record is on file with the carrier as an authorization to release medical information under this chapter. A physician who in good faith releases medical information for claims processing relying on the representations of the claims administrator that an authorization for release of the information is on file is immune from any civil or criminal liability alleged to be caused by the physician's compliance with the request to release the information. The physician is not subject to disciplinary action for an alleged violation of law or regulation due to the compliance with the request to release information. Section 44-115-60. Except as otherwise provided by law, a physician may refuse to release a copy of the entire medical record and may furnish instead a summary or portion of the record when he has a reasonable belief that release of the information contained in the entire record would cause harm to the patient's emotional or physical well-being, the emotional or physical well-being of another person who has given information about the patient to the physician, or where release of the information is otherwise prohibited by law. An unreasonable refusal to release the entire medical record constitutes unprofessional conduct and subjects the physician to disciplinary action of the South Carolina State Board of Medical Examiners. However, notwithstanding the provisions of this section, a physician may not refuse to release the entire record or a portion of the record if the information is requested by an insurance company with reference to an application for life or health insurance or the payment and adjudication of claims relating to life and health insurance. Section 44-115-70. Medical records may not be withheld because of an unpaid bill for medical services. Section 44-115-80. A physician may charge a fee of fifty cents a page or a minimum fee of ten dollars, plus actual postage costs, for making copies of existing medical records. Section 44-115-90. When a request for medical information involves more than making copies of existing documents, a physician may charge reasonable fees, exclusive of those fees charged for copying the medical record, for providing this service. Section 44-115-100. The provisions of Section 44-115-80 and 44-115-90 do not apply to requests for medical information necessary to process a health insurance claim made by a patient or on behalf of the patient by a health insurance carrier or health insurance administrator for services rendered by the physician from whom the information is requested. Section 44-115-110. Payment for all services related to medical record requests is a just debt, due and payable at the time service is rendered. A physician may require payment in advance for a copy of the record. Section 44-115-120. Physicians shall retain their records for at least ten years for adult patients and at least thirteen years for minors. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed. Section 44-115-130. A physician may not sell medical records to someone other than a physician or osteopath licensed by the South Carolina State Board of Medical Examiners or a hospital licensed by the South Carolina Department of Health and Environmental Control. Exceptions to this prohibition may be granted and approved by the South Carolina State Board of Medical Examiners. Before a physician may sell medical records, he must cause to be published a public notice of his intention to sell the records in a newspaper of general circulation in the area of his practice at least three times in the ninety days preceding the sale. The notice shall advise patients that they may retrieve their records if they prefer that their records not be included in the sale. Section 44-115-140. A physician who in good faith releases medical records to a party pursuant to a written authorization from the patient or the patient's representative is immune from civil or criminal liability alleged to be caused by the physician's compliance with the request to release the information. The physician is not subject to disciplinary action for an alleged violation of law due to compliance with the request to release information. Section 44-115-150. This chapter does not invalidate any other provision of law concerning medical records or the authority of a court to issue a subpoena, or of a licensing or disciplinary board of this State to obtain these records as provided by law." SECTION 2. This act takes effect upon approval by the Governor./ Amend title to conform. Rep. RAMA explained the amendment. The amendment was then adopted. Rep. BAXLEY proposed the following Amendment No. 2, which was adopted. Amend the Committee Amendment, as and if amended, to delete the second paragraph of Section 44-115-40. Rep. BAXLEY explained the amendment. The amendment was then adopted. Rep. BAXLEY proposed the following Amendment No. 3, which was adopted. Amend the report, as and if amended, by adding on page four in Section 44-115-60, the last paragraph, after the words /information is requested/, the following: /by the patient, a licensed attorney representing the patient, or/ . Rep. BAXLEY explained the amendment. The amendment was then adopted. The Bill, as amended, was read second time and ordered to third reading.
The following Bill was taken up. H. 4639 -- Reps. Rama, Altman, Felder, P. Harris, Houck, Manly, Tucker and White: A BILL TO AMEND SECTION 44-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF THE CERTIFICATE OF NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE REFERENCES FROM THE STATE MEDICAL FACILITIES PLAN TO THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "AFFECTED PERSON", "HEALTH CARE FACILITY", "HEALTH SERVICE", AND TO ADD THE DEFINITION OF "LIKE EQUIPMENT WITH SIMILAR CAPABILITIES"; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED, SO AS TO DELETE PROVISIONS RELATING TO ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR LOCATED IN A HEALTH CARE FACILITY; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO THE INITIATION OF SERVICES THROUGH CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS AND TERMS, AND TO PROVIDE THAT THE COMMITTEE SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO REVISE THE CONTENT, APPROVAL, AND REVISION PROCEDURES FOR THE PLAN; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO CERTIFICATE OF NEED APPLICATIONS, SO AS TO PROHIBIT CERTAIN DEPARTMENT PERSONNEL FROM COMMUNICATING WITH OTHER PERSONS ABOUT PENDING APPLICATIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOLLOWING COMPLETION OF A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR PROJECT REVIEW CRITERIA AND PROCEDURES; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO THE NONTRANSFERABILITY OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE AND TO EXTEND A CERTIFICATE OF NEED FROM SIX MONTHS TO ONE YEAR ON MAJOR HOSPITAL CONSTRUCTION PROJECTS; TO AMEND SECTION 44-7-240, AS AMENDED, RELATING TO A STATE CONSTRUCTION PROGRAM, SO AS TO CHANGE THE REFERENCE FROM STATE FACILITIES PLAN TO STATE HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS APPOINTED TO THE HEALTH PLANNING COMMITTEE. The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2527.AC), which was adopted. Amend the bill, as and if amended, by adding an appropriately numbered section to read: /SECTION ___. Section 44-7-130 of the 1976 Code, as last amended by Section 64, Part II, Act 612 of 1990, is further amended by adding: "(20) 'Freestanding or mobile technology' means medical equipment owned or operated by a person other than a health care facility for which the total cost is in excess of that prescribed by regulation and for which specific standards or criteria are prescribed in the State Health Plan."/ Amend further, on page 8, Section 44-7-180, by adding at the end of the section: /(D) The Department of Health and Environmental Control may charge and collect fees to cover the cost of operating the certificate of need program. Upon submission of a complete certificate of need application, the applicant must pay a fee of five hundred dollars plus five-tenths of one percent of the project cost for review of the project, not to exceed seven thousand, five hundred dollars; however, for an applicant whose review fee would exceed seven thousand, five hundred dollars an additional fee of seven thousand, five hundred dollars is imposed if the applicant is awarded a certificate of need, which must be paid at the time of the award. Fees paid pursuant to this subsection must be deposited to the credit of the general fund of the State./ Amend further, Section 44-7-210(A), page 9, line 33, by deleting /period/ and inserting /process/ so that when amended this subsection reads: /(A) After the department has determined that an application is complete, affected persons must be notified in accordance with departmental regulations. The notification of affected persons begins the review period. During the review process, the department shall determine the relative importance of the project review criteria for this project and shall notify the applicant of this determination. The applicant has thirty days from the date of the receipt of this notice to submit any additional information. The review period for a completed application is sixty days from the date of notification of affected persons, or up to sixty days from the date that applicants are notified of the relative importance of project review criteria provided for in this section, whichever is longer. One extension of up to sixty days may be granted by the department in accordance with departmental regulations with the exception of an extension that is granted to comply with a request for a public hearing./ Amend further, Section 44-7-210(C), page 10, line 14, by inserting /which must be identified by the department,/ after /regulations,/ so that when amended this subsection reads:
/(C) The department may not issue a Certificate of Need unless an application complies Amend further by adding an appropriately numbered section to read: /SECTION ___. Section 44-7-260(A) of the 1976 Code, as last amended by Act 501 of 1990, is further amended by adding: "(12) freestanding or mobile technology."/ Amend further by adding an appropriately numbered section to read: /SECTION ___. The 1976 Code is amended by adding: "Section 44-7-265. The department shall promulgate regulations for licensing freestanding or mobile technology. At a minimum, the regulations must include: (1) standards for the maintenance and operation of freestanding or mobile technology to ensure the safe and effective treatment of persons served; (2) a description of the professional qualifications necessary for personnel to operate the equipment and interpret the test results; (3) minimum staffing requirements to ensure the safe operation of the equipment and interpret the test results; and (4) that all freestanding or mobile technology must be in conformance with professional organizational standards."/ Amend further by adding an appropriately numbered section to read: /SECTION ___. Section 37-6-604(1) of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"(1) To provide legal representation of the consumer interest before the state and federal regulatory agencies Renumber sections to conform. Amend title to conform. Rep. RAMA explained the amendment. The amendment was then adopted. Rep. HOUCK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2548.AC), which was adopted. Amend the bill, as and if amended, by adding an appropriately numbered section to read: SECTION ___. Within five years of this act's effective date the South Carolina Department of Health and Environmental Control shall determine if each open heart surgery unit or heart catheterization unit operating in a health care facility in this State under a certificate of need issued pursuant to Chapter 7, Title 44 of the 1976 Code is adequately serving its purpose. This determination must be based upon the number of procedures being performed and the quality of the operation according to national or statewide results, or both./ Renumber sections and amend title to conform. Rep. HOUCK explained the amendment. The amendment was then adopted. Rep. CORBETT proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\2559.AC), which was adopted. Amend the bill, as and if amended, by adding an appropriately numbered section immediately before the section containing the effective date to read: /SECTION ___. The amendments to Section 44-7-210 of the 1976 Code as contained in Section 10 of this act apply only to certificate of need applications submitted after April 1, 1992./ Renumber sections to conform. Amend title to conform. Rep. CORBETT explained the amendment. The amendment was then adopted. Reps. RAMA and McTEER proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BR1\2599.AC), which was adopted. Amend the bill, as and if amended, by deleting Section 14 and inserting: /SECTION 14. Medical equipment lawfully leased or purchased before this act's effective date or an outpatient facility project, including medical equipment, which was exempt from certificate of need requirements before this act's effective date and which exemption has been documented by the South Carolina Department of Health and Environmental Control on or before January 1, 1992, which involves expenditures in an amount in excess of that prescribed by the department by regulation, is exempt from the provisions of Section 44-7-160(6) as contained in Section 6 of this act, provided that an application for an exemption is made within six months of this act's effective date. The application must be in the form required by the department and must include current utilization data for the equipment./ Renumber sections to conform. Amend title to conform. Rep. RAMA explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted. S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.
Rep. HOLT moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted. S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.
Rep. MATTOS moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted. S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1070, AND 44-23-1090 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.
Rep. HALLMAN moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted. S. 1212 -- Senator Bryan: A BILL TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.
ORDERED TO THIRD READING The following Bill was taken up. H. 4719 -- Reps. Wright, Quinn and Riser: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING IN 1994, TO ESTABLISH SEVEN NUMBERED ELECTION SEATS, TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED, THE METHOD BY WHICH THE RESULTS OF THE ELECTION ARE TO BE DETERMINED, AND TO EXTEND AND TERMINATE TERMS OF PERSONS AFFECTED BY THESE PROVISIONS. Rep. SCOTT objected to the Bill. Rep. SCOTT moved to table the Bill. Rep. WRIGHT demanded the yeas and nays, which were not ordered. The House refused to table the Bill by a division vote of 2 to 8. Reps. QUINN, WRIGHT and RISER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12403.DW), which was adopted. Amend the bill, as and if amended, in SECTION 1(E), page 2, line 44, and page 3, lines 1, 2, and 3, by striking /The current members of the board shall continue to serve in office until the terms of the members elected in the 1994 election begin as provided in this act./ Amend title to conform. Rep. QUINN explained the amendment. The amendment was then adopted. Rep. QUINN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12399.DW), which was adopted. Amend the bill, as and if amended, by adding an appropriately numbered section to read:\ /SECTION _____. Section 21-199 of the 1962 Code and Act 287 of 1987 are repealed./ Renumber sections to conform. Amend title to conform. Rep. QUINN explained the amendment. The amendment was then adopted. The Bill, as amended, was read the second time and ordered to third reading.
At 12:00 Noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
OF THE SUPREME COURT AND CIRCUIT COURT JUDGES The Reading Clerk of the Senate read the following Concurrent Resolution: H. 4665 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.
The President of the Senate announced that nominations were in order for an Associate Justice of the Supreme Court. Senator Pope, on behalf of the Joint Screening Committee, nominated the Honorable A. Lee Chandler. On motion of Rep. FELDER, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in election of the nominee. Whereupon, the President announced that the Honorable A. Lee Chandler was duly elected for the term prescribed by law.
IN THE FIRST, SECOND, FOURTH, SIXTH, EIGHTH, FIFTEENTH AND SIXTEENTH CIRCUITS The President announced that nominations were in order for Circuit Court Judges. Senator Pope, on behalf of the Joint Screening Committee, nominated the following: the Honorable Charles W. Whetstone, First Judicial Circuit; the Honorable Rodney A. Peeples, Second Judicial Circuit; the Honorable Paul M. Burch, Fourth Judicial Circuit; the Honorable Don S. Rushing, Sixth Judicial Circuit; the Honorable Thomas L. Hughston, Eighth Judicial Circuit; the Honorable Sidney T. Floyd, Fifteenth Judicial Circuit; and the Honorable John C. Hayes, III, Sixteenth Judicial Circuit. On motion of Rep. GENTRY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees. Whereupon, the President announced that the Honorable Charles W. Whetstone, the Honorable Rodney A. Peeples, the Honorable Paul M. Burch, the Honorable Don S. Rushing, the Honorable Thomas L. Hughston, the Honorable Sidney T. Floyd, and the Honorable John C. Hayes, III, were duly elected for the terms prescribed by law.
I voted no on the confirmation of Judge Rodney Peeples. Rep. JIM HODGES Rep. JOE McELVEEN
I wish to be recorded as having voted no in the matter of the re-election of Rodney Peeples. It is as a result of his not having been judged qualified to serve as a justice of the Supreme Court and the matters that resulted in this rejection that bring me to this decision. Senator Phil Leventis
I wish to record a "Nay" vote on a voice vote taken on the re-election of Judge Rodney Peeples. Rep. SARAH G. MANLY
In the voice vote on the election 4-29-92 of Second Circuit Judge Rodney Peeples, I wish to have recorded in the House Journal a NO vote. Rep. CLAUDE V. MARCHBANKS
BOARD OF TRUSTEES AND CLEMSON UNIVERSITY BOARD OF TRUSTEES The Reading Clerk of the House read the following Concurrent Resolution: H. 4688 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND MEMBERS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA TO SUCCEED THOSE MEMBERS OF THE BOARD WHOSE TERMS EXPIRE IN 1992.
UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES SECOND, SIXTH, TENTH, FOURTEENTH, FIFTEENTH, AND SIXTEENTH JUDICIAL CIRCUITS The President recognized Rep. STODDARD. Rep. STODDARD, on behalf of the Joint Screening Committee, nominated the following candidates: Charles E. Simons, III, Second Judicial Circuit; James Bradley, Sixth Judicial Circuit; Lily-Roland Hall, Tenth Judicial Circuit; Helen C. Harvey, Fourteenth Judicial Circuit; Eugene C. Floyd, Fifteenth Judicial Circuit; and Samuel R. Foster, Sixteenth Judicial Circuit. On motion of Reps. RUDNICK, HODGES, FELDER, CLYBORNE and TUCKER, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees. Whereupon, the President announced that Charles E. Simons, III, James Bradley, Lily-Roland Hall, Helen C. Harvey, Eugene C. Floyd, and Samuel R. Foster were duly elected for the terms prescribed by law.
I abstained from voting for the following unopposed incumbent Board of Trustees for the University of South Carolina: 1.) Charles E. Simons, III; 2.) James Bradley; 3.) Lily-Roland Hall; 4.) Eugene C. Floyd; and, 5.) Samuel R. Foster. J.L. MANN CROMER, JR.
The President recognized Rep. STODDARD. Rep. STODDARD, on behalf of the Joint Screening Committee, recommended the following candidates: Gus Hoffmeyer, Jr., and J. DuPre Miller. Rep. JENNINGS nominated Mr. Miller as follows: "Mr. President...I will make this brief recognizing the order of business. I rise to nominate my friend and former boss, J. DuPre Miller of Bennettsville who, as you heard, has been screened and approved for the 4th Judicial Circuit on the USC Board. DuPre Miller has given a lifetime of service to his community and his State, having served as solicitor for 16 years and elected by the people of that circuit four times without any opposition. He has also served in other positions such as chairman of the County School Board. He has a family tradition of service to his community and to his State. His brother-in-law, Walter Brown, served on the MUSC Board for 12 years and his father, the late Russell Miller, was the last Marlboro-countian elected to the USC Board of Trustees by this General Assembly some 32 years ago. We feel like in Marlboro County in terms of fairness of the four counties in the circuit, that it is our term for this position to rotate back to Marlboro County. And for that reason and because of DuPre Miller's qualifications, I am happy to nominate him. I hope that in the future, Mr. President, that I will have other chances to nominate other people from my area to positions in the Joint Assemblies, but I can promise you that there will never be one that means more to me personally than my friend Dupre Miller. Thank you." Reps. J. HARRIS, KENNEDY, HARVIN, M. MARTIN, WILKES, ROGERS, TUCKER, CANTY, MEACHAM, HOLT, MATTOS, and Senators Hinson, Carmichael and Martin seconded the nomination. Rep. NEILSON nominated Mr. Hoffmeyer as follows: "If my candidate were not running, I would indeed second DuPre Miller's nomination, but today, I am here to nominate Gus Hoffmeyer. Gus's wife, Joann, and I have been friends for years and coworkers and I would like for Gus to stand with Joann please, if you are in the balcony. I would like to introduce Gus and Joann to you. The Darlington County Delegation is pleased and proud to nominate Gus as a member of the University of South Carolina Board of Trustees. Gus and his wife and children all attended USC and Gus was very active as a student and has continued to be for the past years. Gus attended USC from 1948-51 and he has been active in the Gamecock Club for 39 years and the Lettermen Association for six years, so, you see, he has a vested interest in USC. And not to belabor the point here, but I want you to know of his community interest and support. He has served on the Darlington County Development Board and at the time that he served, we received six new industries into our county. He has been very active in the community and the State and you know, I believe that higher education is at a critical time in our State at this time and we do need experienced, dedicated people. I nominate Gus on behalf of the Darlington County Delegation and we will appreciate your vote. Thank you." Reps. BAXLEY, GLOVER, WRIGHT, BEASLEY and Senators Saleeby and Reese seconded the nomination. On motion of Rep. STODDARD, nominations were closed. The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Hoffmeyer: Bryan Courson Fielding Gilbert Hayes, R.W. Helmly Land Leatherman Lourie Matthews McConnell Mitchell Mullinax Patterson Peeler Pope Reese Rose Saleeby Setzler Smith, J.V. Stilwell Washington Wilson
The following named Senators voted for Mr. Miller: Carmichael Cork Courtney Drummond Hinds Hinson Holland Leventis Macaulay Martin Martschink McGill Moore O'Dell Passailaigue Russell Shealy Smith, N.W. Thomas Williams
On motion of Rep. CLYBORNE, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Hoffmeyer: Alexander, T.C. Anderson Baxley Beasley Beatty Brown, G. Clyborne Corbett Farr Foster Fulmer Glover Gonzales Harwell Haskins Hodges Inabinett Keegan Littlejohn Marchbanks McKay McLeod Neilson Nettles Riser Smith Vaughn Whipper Wilkins Wright Young, R.
The following named Representatives voted for Mr. Miller: Alexander, M.O. Altman Bailey, G. Bailey, J. Baker Barber Bennett Boan Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Felder Gentry Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Hendricks Holt Houck Huff Hyatt Jaskwhich Jennings Johnson, J.C. Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Manly Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McTeer Meacham Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Stoddard Stone Sturkie Taylor Townsend Tucker Waites Waldrop White Wilder Wilkes Williams, D. Williams, J. Wofford Young, A.
RECAPITULATION
Total Number of Senators voting 44 Whereupon, the President announced that Mr. J. DuPre Miller having received a majority of the votes cast was duly elected for the term prescribed by law.
The President recognized Rep. STODDARD. Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Herbert C. Adams. Rep. STODDARD withdrew James E. Wiseman, III, as a candidate. On motion of Rep. CLYBORNE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee. Whereupon, the President announced that Herbert C. Adams was duly elected for the term prescribed by law. ELECTION OF CLEMSON UNIVERSITY BOARD OF TRUSTEES The President announced that nominations were in order for three members of the Clemson University Board of Trustees. Rep. STODDARD, on behalf of the Joint Screening Committee, recommended the following candidates: John J. Britton, Louis B. Lynn, Patricia H. McAbee and Allen P. Wood. Rep. McLEOD nominated Mr. Britton as follows: "Mr. Speaker, ladies and gentlemen and our guests...I would like at this time to put in nomination the name of J. J. Britton, who is an eight year member of the Board at Clemson University. J. J. Britton is a close friend of mine. He is a constituent of mine and I know him well enough to say that he is probably one of the hardest working trustees that Clemson could ask for. He has got four children that graduated from Clemson. He graduated from Clemson. I have never met anybody that is quite as dedicated to his school. Currently J. J. Britton is serving as Vice Chairman of the Clemson Board. He has worked over the years very hard to promote orderly and quality growth for the University. I would ask you at this time to strongly consider voting again to put J.J. Britton back on the Board at Clemson University. Thank you." Rep. CARNELL nominated Mrs. McAbee as follows: "Mr. President, Mr. Speaker, and Members of the General Assembly...it is my honor and privilege to place in nomination the name of an outstanding woman as a candidate for membership upon the Board of Trustees of one of America's finest Universities. In 1893 Clemson Agricultural College accepted its first class. The College began as an all-male military school and retained this status until 1955 when the change was made to 'civilian' status and Clemson became a coeducational institution. In 1964 the College was renamed Clemson University as the South Carolina General Assembly formally recognized the school's expanded academic offerings, its growing research pursuits, and its preeminent contributions in public service. Our vision for this great university cannot be accomplished through the efforts of men alone. It is true that over one hundred years of this institution's illustrious history, its Board of Trustees has not only been male-dominated but it has been exclusively for males alone. We are now in a new world and a new day. At this very hour there are enrolled in Clemson University, seven thousand five-hundred and forty females as full-fledged Clemson students. Those students comprise a whopping 46% of the Clemson student body. Almost one-half of the student body. It may come as a surprise to many of you that 18% of the total number of students enrolled in the College of Engineering are women. Just listen to these additional statistics: 42% of the total number of students who are enrolled in the sciences are women; 31% of the total number of students who are enrolled in the agricultural sciences are women; And, 30% of the total number of students who are enrolled in architecture are women. Now, in the School of Liberal Arts, 59% of all of the students are women. Now, my colleagues, with this large enrollment of women at Clemson, we can turn to the ranks of the faculty and only seven per cent (7%), mind you, only seven per cent (7%) of those faculty members who hold the rank of Professor are women. And of all the faculty who hold tenure, only thirteen per cent (13%) of them are women. I need only remind you, that 55% of the registered voters in this State are women. In the face of these statistics, all of us.....not just some of us....should stop and ask ourselves...is that fair?....is that right?...do we want our daughters who might choose to be teachers in college to face such a condition? It has been wisely said time and time again, that young people learn from three (3) things. Those three (3) things being Example...Example...and, Example. Is this the example that should be set for our young people? Or do we as fair-minded representatives of all the people, including women, want to make some changes....and not wait until tomorrow....not wait until next week, next month or next year to do it. The hour is late and the hour is upon us. Today we have an opportunity to be fair. Today we have an opportunity to wake up and come out of the last century. Today, we have an opportunity to obtain the service of an energetic and vibrant woman who is dedicated with a vision to the future. A person who is grounded in a strong religious faith...who is a mother of three (3) fine children... who is dedicated to her family...who has strong Clemson ties through family graduates...who has the intellect to understand complex issues...who is a strong-willed individual, but at the same time a team player. This woman is very civic minded, being the...Founder and Executive Director of the McCormick Arts Council...Board Member and Treasurer of the South Carolina Arts Alliance...Graduate, Leadership South Carolina...Graduate of College of Charleston with a B.A. Degree in Fine Arts with Post-graduate studies in Arts Administration...Pianist, McCormick First Baptist Church...Clemson Extension Advisory Committee...Clemson Extension Homemakers, President...Piedmont Technical College Board of Visitors...Lander College Board of Visitors...Palmetto Leadership Graduate...Recipient of the Elizabeth O'Neill Verner Award for Excellence in the Arts...Recipient of the McCormick County Clemson Extension Community Service Award...and, The Order of the Palmetto. With your permission, I would like to quote from an editorial in the recent issue of The Anderson Independent-Mail, entitled 'Patti McAbee Deserves Fair Consideration To Be The First Woman On Clemson's Board...' Among other things, it says, 'It's ridiculous for a university where almost half of the students are female to have no women on the governing board....she needs to break the sex barrier at Clemson....we believe Clemson would benefit from some diversity of educational background among its trustees....its past time for Clemson to have a woman on its Board.' Ladies and Gentlemen of this General Assembly, I speak from first-hand knowledge. I know this woman's heritage. She comes from the finest of families who have lived on the same land for some ten (10) generations. They are conscientious, patriotic, hardworking and God fearing people. Today we have an opportunity to help Clemson University...we have an opportunity to show through action our determination to take one more step to making the playing field a little more level for our wives, our daughters, our sisters, and our mothers. You and I both know it is long overdue. It is my pleasure and an honor to place in nomination as a candidate for the Clemson University Board of Trustees the name of Patricia H. McAbee. I thank you." Rep. CLYBORNE, Senators Drummond, O'Dell, Reps. HASKINS, KEYSERLING, Senators Mullinax, N. Smith, Reps. RAMA, HOLT, FELDER, MEACHAM, MANLY, Senator Mitchell, Reps. RHOAD, HARVIN, D. ELLIOTT, K. BURCH, P. HARRIS, WILDER, HUFF, STONE, TOWNSEND, TUCKER, J. HARRIS, SHIRLEY, WILKES, CORBETT, KEEGAN, CORNING, SMITH, Senator Gilbert, Rep. PHILLIPS and Senator Cork seconded the nomination. Rep. J. BROWN nominated Mr. Lynn as follows: "Mr. President, Ladies and Gentleman of the Joint Assembly, it is a distinct privilege to come before you today for the purpose of nominating Dr. Lewis Bernard Lynn for another term of service as a member of the Clemson University Board of Trustees. This is the first time that I have had the opportunity to offer for nomination such a great and well-qualified person for this office. I would be extremely hard pressed to nominate anyone with a more impeccable record of service and leadership. Most of you already know the nominee through the leadership role that he has demonstrated as Trustee over the past four years at Clemson University. You have also noted his vigor and enthusiasm in the hallways of the lobby, office complexes and receptions, as he sought your support for reelection. This is reflective of the characteristics that he brings to the Clemson Board. Dr. Lynn is a Clemson Alumnus and graduated with honors from the Clemson University College of Agriculture. He has contributed to agricultural economic development in his personal and professional life, through education and training in the proper use of state of the art equipment and new technologies. For 17 years, he worked as a senior research scientist for Mont Santo Agriculture Company, helping small and large farmers improve profitability. A few years ago, he started his own company to help with the environmental aspects of agribusiness in South Carolina, the United States and internationally. Dr. Lynn has held leadership positions in organizations such as the South Carolina Horticultural Society and the South Carolina Agronomy Society. He is also a member of the South Carolina Agriculture Study Committee. He is also affiliated with a number of professional and civic organizations and has received several honors and awards for his outstanding achievement. Dr. Lynn has demonstrated his sensitivity to the need for inclusion of various socio-economic groups into our system by his noted work in consumer education and information. He is well known for his extraordinary work in drop-out prevention and has served as a Board Member for the National Drop-Out Prevention Center. As a Clemson Trustee, he has served on the Agriculture and Natural Resources Committee and is currently its Vice Chairman. Dr. Lynn also holds an honorary adjunct professorship in the Horticulture Department at Clemson. Dr. Lynn is a leader in his field whose opinion is respected in both the academic and production agricultural community. As a Trustee, he has worked diligently to keep Clemson University in the forefront of higher learning institutions. As an agriculturist, he understands and shepherds the land grant mission of this fine agriculture school. As a Ph.D trained scholar, he understands the teaching and researching mission of the University. As the youngest Board member, he relates to student concerns and as a businessman, he understands Clemson's role in economic development; as well as a technological and scientific pioneer. I urge you to join me in support of Dr. Lewis B. Lynn in his desire to continue serving the people of South Carolina as a member of the Clemson University Board of Trustees. Vote for a voice of experience, dignity and leadership - Dr. Lewis B. Lynn." Reps. L. ELLIOTT, RHOAD, FELDER, CHAMBLEE, BEATTY, WELLS, HOLT Senator Washington, Reps. ANDERSON, INABINETT, GLOVER, BAXLEY, KEYSERLING, Senators Fielding, Patterson, McGill, Reps. HASKINS, HARVIN, SNOW, KENNEDY, JENNINGS, HARRELSON, BENNETT, COBB-HUNTER, J. WILLIAMS, WRIGHT, CANTY, RISER, SHISSIAS, SMITH, CORNING, WILKES, CROMER, SHIRLEY, SCOTT, TAYLOR, BYRD and Senator Gilbert seconded the nomination. Rep. HARWELL nominated Mr. Wood as follows: "Mr. President, Mr. Speaker, distinguished colleagues, members of the Senate and House, and members of this Joint Assembly...It is my pleasure and honor for me to have the opportunity to nominate Allen Wood to the Board to succeed himself having served almost one term now as a trustee for Clemson University. He mentioned to me to be brief and I think what that means is my being an attorney that he wants me to file a brief. Allen is age 54 which means he is older than the Speaker and I, but approaching the age of the President of the Senate. If you will allow me to digress for a moment or two, I can relate to 54 because I had the pleasure in Greeleyville some years ago and Mr. Kennedy, and Senator McGill can relate to this. A good friend of mine, Vern and Clyde had a pack of dogs running and this walker hound came up to me and run behind a 5 point buck and he wasn't quite big enough for me because I am strictly into trophies. It had on the side of it, Mr. Wilder, the number 54. In a few minutes, he came again and he had a pack of them in front of them and it had a spack horn and a bunch of does and we were in the management program and had doe tags and I let them pass, too. He came back by four times and each time he came by he was hot on the trail to the deer. And that thing had it and it looked like it was going to the cotton gin, scared to death and going through the woods going 35 or 40 miles an hour. At the end of the hunt, I said, Vern, you and Clyde are going to have to sell old number 54. That is the most runnningest dog that I have ever seen, everytime that it comes by he had something in front of him. He called me over there and said, let me show you something. When I went over there in the back of his ton and a half truck, he had a pack of dogs and every one of them had number 54 on it. Mr. Wilder knows why that is because they put a number on them and then run them down there to the Savannah River Plant In Aiken and that was the way that they number all the dogs, but I said that you got to sell me one of those walker hounds. Larry Koon knows about that because he went hunting down there with Sam McCutchen. You know what a fella thinks of his dogs. Larry tried to give Sam a brand new GMC truck and $5,000.00 for Sam's dog and he wouldn't sell it, ain't that right, Larry? Well, I want to buy one of those hounds and I picked out one and they said you know that that dog is about grown. But, you don't want that dog. I said why don't I want that dog, Vern? Because that dog was born in July and that ain't a good month. That's a July puppy. It looks grown, but he ain't old enough to run until late November or late in the season. If we let him get out there and run with the pack, but it can't trail them. And you know you can recognize a dog's voice, just to educate you a little bit, you can recognize a dog's voice, a female from a male and an old one from a young one and you can recognize that dog and that's how you recognize them in these national tournament that you put them in that Tom Rhoad's dog was in not long ago. That dog will get out there and run and it isn't nothing but a yip yow. That's a July and you don't want him. Well, I am fixing to nominate a fellow to you now that ain't no July dog. He ain't no yip yow. When he starts to bark, he is on the trail of something. This 54 year old fellow has been kind of like a cash cow for every good cause that has ever come down the pack in Florence county. He served as Chairman of the Speech and Hearing. He is a member of the Episcopal Church. He is married to a Florentine, Josey Arthur. He has got a son that they named after him, Allen, Jr. I got to tell you that there is little bit of sadness in his life. He lost his parents when he was just a baby. He was raised in the Connie Mack Home by the former Chief of Police in Florence. He went and got him and brought him to Florence. It was the best thing that ever happened to us. He owned a taxi cab, an old yellow cab and some of you boys are old enough to remember the old yellow cab. He drove taxi cabs and went to school. He worked and he went to an institution that he loves just like he would love his family if he had gotten to know them if they had lived. Clemson is home to him. When I came up here in 1979, I talked him into going down there and fixing the Governor's office and I talked him into agreeing to serving on the Architectural Board and he went on to chair that. He has been a leader on everything that he has ever served. He has been campaign chairman of the Student Activities Center at Clemson and head of the Clemson Alumni Chapter, the College of Architecture Advisory Board, the Foundation up there, the Alumni Director. He has been a leader and a president of everything that he has ever joined and when I was handling the thing with the overcrowding of the prisons, I got him to give me two hours of free work to help the city and the Florence civic center. He is a person that just gives and gives. And being a trustee at Clemson, to him, is like heaven on earth. And I have got four out of six lawyers in my office that went to Clemson and a brother and a brother-in-law and two nephews and I ain't never understood it, because I went to USC, about what it is that is in the water up there. It's got to be something. And of all of these people and they are exceptionally qualified, I can't recommend to you nor nominate a person more imminently qualified and whose heart is as big as the campus of Clemson University, old number 54, Allen Wood, Thank you." Reps. GLOVER, INABINETT, Senator McGill, Reps. FULMER, HALLMAN, WELLS, MCKAY, NETTLES, L. ELLIOTT, HOUCK, Senators Williams, Saleeby, Setzler, Gilbert, Leatherman, Reps. PHILLIPS, RAMA, LITTLEJOHN, A. YOUNG, CORBETT, CHAMBLEE, KENNEDY, KEEGAN, HARRELSON, STURKIE, WRIGHT, RISER, Senator Helmly, Reps. WOFFORD, ROGERS, STONE, HUFF, J. BROWN, WILDER, SMITH and SHARPE seconded the nomination. On motion of Rep. STODDARD, nominations were closed. The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Britton: Carmichael Cork Drummond Fielding Hayes, R.W. Helmly Hinds Hinson Holland Land Leatherman Leventis Martin Martschink Matthews McConnell McGill Mullinax O'Dell Passailaigue Patterson Peeler Pope Reese Rose Russell Saleeby Shealy Smith, J.V. Stilwell Thomas Washington Williams Wilson
The following named Senators voted for Mr. Lynn: Bryan Carmichael Cork Courson Courtney Fielding Gilbert Hayes, R.W. Helmly Hinson Holland Land Leatherman Leventis Lourie Macaulay Martin Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Reese Rose Russell Saleeby Setzler Smith, N.W. Stilwell Thomas Washington Williams Wilson
The following named Senators voted for Mrs. McAbee: Bryan Cork Courson Courtney Drummond Gilbert Hinds Land Lourie Macaulay Martschink Mitchell Moore Mullinax O'Dell Pope Rose Setzler Shealy Smith, J.V. Smith, N.W. Washington
The following named Senators voted for Mr. Wood: Bryan Carmichael Courson Courtney Drummond Fielding Gilbert Hayes, R.W. Helmly Hinds Hinson Holland Leatherman Leventis Lourie Macaulay Martin Martschink Matthews McConnell McGill Mitchell Moore Passailaigue Patterson Peeler Reese Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Williams Wilson
On motion of Rep. CLYBORNE, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Britton: Alexander, M.O. Alexander, T.C. Altman Baker Barber Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Cato Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, P. Harrison Harvin Hendricks Hodges Houck Hyatt Inabinett Jaskwhich Johnson, J.C. Keegan Kempe Kennedy Keyserling Klapman Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Ross Rudnick Scott Sheheen Shissias Snow Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
The following named Representatives voted for Mr. Lynn: Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Brown, G. Brown, J. Bruce Byrd Canty Carnell Chamblee Cobb-Hunter Cooper Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Quinn Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Williams, D. Williams, J. Wright
The following named Representatives voted for Mrs. McAbee: Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Beatty Bennett Boan Brown, H. Burch, K. Carnell Cato Chamblee Clyborne Cooper Corbett Delleney Elliott, D. Elliott, L. Farr Felder Gentry Gonzales Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Holt Huff Hyatt Jaskwhich Jennings Johnson, J.C. Keegan Kempe Keyserling Kinon Kirsh Manly Martin, M. Mattos McAbee McCraw McTeer Meacham Phillips Rama Rhoad Rogers Ross Scott Sharpe Shirley Smith Stoddard Stone Sturkie Townsend Tucker Waites Waldrop Wilder Wilkes Wilkins Wofford Young, A. Young, R.
The following named Representatives voted for Mr. Wood: Altman Bailey, G. Bailey, J. Baker Baxley Beasley Bennett Boan Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Cato Chamblee Clyborne Cobb-Hunter Corbett Corning Council Cromer Elliott, D. Elliott, L. Fair Foster Fulmer Glover Gonzales Hallman Harrelson Harris, J. Harrison Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jennings Johnson, J.C. Keegan Kennedy Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McElveen McGinnis McKay McLeod Neilson Nettles Phillips Quinn Rama Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stoddard Stone Sturkie Taylor Vaughn Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
RECAPITULATION
Total Number of Senators voting 44 Of which Mrs. McAbee received 93 Of which Mr. Wood received 128 Whereupon, the President announced that John J. Britton, Louis B. Lynn and Allen P. Wood having received a majority of the votes cast were duly elected for the term prescribed by law.
It was my intention to cast my third ballot for Allen Wood for the Clemson University Board of Trustees. Undoubtedly the roll call button at my desk malfunctioned as my vote did not register. Rep. G. BROWN
S.C. FOLK HERITAGE AWARD WINNERS The Reading Clerk of the Senate read the following Concurrent Resolution: H. 4181 -- Reps. Keyserling, Jaskwhich, Rogers, H. Brown, Waites and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1992 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1992 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 29, 1992, AT 12:30 P.M., AND TO RECOGNIZE AND COMMEND THE 1992 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA. The 1992 S.C. Folk Heritage Award Winners were escorted to the rostrum by Senators Land, Marchbanks, Matthews and Passailaigue and Representatives WILDER, J. HARRIS, BYRD and ALTMAN. Lt. Governor Theodore made the following opening remarks: "It is indeed an honor today to have a very special group of South Carolinians. The General Assembly welcomes today this opportunity to not only recognize, but to thank these extraordinary South Carolinians for their immense achievements. For as our best folk artists, they are keeping alive a rare, a very rare and endangered art form that is rooted in the ethnic and traditional cultures of our great State. In South Carolina, we have much more of the folk artists than most other states and we are very proud of that particular statistic. The South Carolina General Assembly today honors our 1992 Folk Heritage Award Winners in this Joint Session. It is our way of reminding these individuals how very important and how much they mean to the great State of South Carolina. We are pleased to have them with us today as our honored guests and we want to thank the Joint Committee on Cultural Affairs along with the McKissick Museum for providing us this program through the years. They have nurtured these particular treasured South Carolinians, artists and skills and brought them to our General Assembly so that we can recognize them. I would also remind you that tonight there will be a retrospective concert by these individuals and many others who we have had in our chamber before to display their great skills and talent before all of us. Those of you who cannot attend the session tonight can see it on South Carolina ETV this fall, 1992. Now, without further adeu, I am going to turn the podium over to the Honorable Robert J. Sheheen for him to introduce the honored recipients of this outstanding award." Speaker SHEHEEN made the following remarks: "When we instituted these awards, none of us were quite sure how it was going to work, but it has become one of the highlights of our year. The winners of the awards today were selected by the Awards Advisory Committee and their names are printed at the back of the program that has been distributed to you, so you will know how the winners were chosen. On behalf of the General Assembly, I want to thank those members of that advisory committee who chose the winners for their time and their skill in putting together today's award ceremony. The folk artists that we honor today have really enriched the cultural life and heritage of South Carolina in a very meaningful and unique manner. With our support, the General Assembly, through these awards, we hope that their skills will be perpetuated for the benefit of future generations in South Carolina. I am going to introduce each of the groups to you and they tell me each year that I have the prerogative of asking them to perform for you if we want them to and I can tell you that I always ask the performing artists and the groups to perform for us. The first group is the James Bing Note Singers. They are an African-American shape note group, who trace their origin to a group of singers organized by George Johnson at Old Dunbarton in Barnwell County. Though they are now scattered throughout the area, the group of singers who range in age from 66 to 91, continue to meet regularly under the leadership of Mr. Bing to keep their tradition alive. Mr. Henry Brown is going to present the award and I would ask him to present the first Folk Heritage Award to the James Bing Note Singers." Rep. H. BROWN presented the award to the James Bing Note Singers as follows: "Mr. Speaker, honored guests...it is a real pleasure for me to make this presentation today and I would like to read. I know most of you probably can't see it from where you sit. The South Carolina Folk Heritage Award, be it known that the James Bing Note Singers was given the South Carolina Folk Heritage Award from the General Assembly in the State of South Carolina for excellence in the tradition of art in shape note singing on 4-29-92. The citizens of South Carolina through their elected representatives present these awards and gratitude for the lifetime of beauty and meaning that these folk artists have given to the community in which they live and the State as a whole. Through their individual efforts, the folk tradition often hundreds of years old have been cherished and preserved for the future generations. Affirmed by Lt. Governor Nick Theodore and Speaker Robert J. Sheheen." Speaker SHEHEEN: "Our second award goes to the Kittrell Sisters. Evelyn Kittrell Suton and Dolly Kittrell Simon began their musical career in 1939 when they won first prize on the Major Bowes Amateur Hour Talent contest. They later performed as the Melody Maids and as the Carolina Sweethearts. They were known for their smooth harmonies and their talent for yodelling style of cowboy songs we heard in the Carolinas during the 30's and 40's. They retired from radio in 1945, but they continue today to perform as the Kittrell Sisters for community organizations in the Columbia area. Our second award winners are the Kittrell Sisters." Rep. H. BROWN presented the award to the Kittrell Sisters. Speaker SHEHEEN: "Our third award today goes today to the Lucas Family. Harold, Claude, Bryant and William Lucas began their musical careers in 1949. In the sixties, they joined with members of the Harmon Family and today, Claude, Bryant, and Williams play with the Harmon Brothers as the Carolina Legends Band. In 1971, Harold Lucas joined with radio pioneers Pappy Sherrill and Snuffy Jenkins as a member of their band, The Hired Hands. Joined later by Harold's son Randy Lucas, this talented family continues to entertain statewide, regional and national audiences with their traditional, old time and bluegrass music. The Lucas Family." Rep. H. BROWN presented the award to the Lucas Family. Speaker SHEHEEN: "Our fourth award winner today is Louise Nesbitt. As a child, Louise Nesbit learned the art of African-American strip quilting from her grandmother. During her many years of practicing her craft, Mrs. Nesbit has achieved wide recognition as a master quilter through her sense of design and color. At the age of 78, she is a valued member of the Pawley's Island Community and as a member of Camp Baskerville's Adult Senior Day Care, she teaches quilting and develops designs for community quilting fundraising events. Ms. Louise Nesbit, our fourth award winner." Rep. H. BROWN presented the award to Louise Nesbit. Speaker SHEHEEN then recognized The James Bing Note Singers, The Kittrell Sisters and The Lucas Family, who performed for the Joint Session. Upon the conclusion of the presentation, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business. The Senate accordingly retired to its Chamber.
At 1:45 P.M. the House resumed, the SPEAKER in the Chair. Rep. SHARPE moved that the House recede until 3:00 P.M., which was adopted.
At 3:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. HARVIN a leave of absence for the remainder of the day due to a death in his county.
Rep. BAXLEY moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted. H. 4604 -- Rep. Wilkins: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.
The following Bill was taken up. H. 4511 -- Reps. Ross, Jennings, Keegan, Hodges and M. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6260 SO AS TO PROVIDE THAT IF ANY PERSON IS ARRESTED FOR DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, OR FOR DRIVING AN UNINSURED MOTOR VEHICLE, THE ARRESTING OFFICER SHALL TAKE IMMEDIATE POSSESSION OF THE LICENSE PLATE AND REGISTRATION CERTIFICATE OF THE VEHICLE; TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE DEEMED TO BE CRIMINAL PROCEDURES SUPPLEMENTED TO, AND NOT IN LIEU OF, ANY PENALTIES IMPOSED BY LAW FOR THESE OFFENSES; TO PROVIDE THAT THE ARRESTING OFFICER SHALL ISSUE A CERTIFICATE TO SERVE AS A TEMPORARY LICENSE PLATE AND REGISTRATION FOR THE VEHICLE FOR A PERIOD OF TEN DAYS; AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE LICENSE PLATE AND REGISTRATION MAY BE RETURNED TO THE OWNER OF THE VEHICLE. Rep. ROSS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19195.SD). Amend the bill, as and if amended, in Section 56-5-6260 of the 1976 Code by striking subsection (D) and inserting: /(D) If the person arrested for driving an uninsured vehicle is the owner of the vehicle, he after the ten day period may have the license plate and registration returned to him by the court upon request upon payment of a twenty-five dollar fee and upon proof of insurance or financial responsibility for the vehicle as required by law. However, the owner of the vehicle, if he was not the driver, may also have the license plate and registration returned to him before or after this ten-day period has expired upon his request without payment of the twenty-five dollar fee upon furnishing of proof of insurance or financial responsibility for the vehicle./ Amend title to conform. Rep. ROSS 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. ROSS having the floor.
Rep. HOLT moved that the House recur to the morning hour, which was rejected by a division vote of 19 to 75.
Reps. VAUGHN and CATO withdrew their objections to H. 4686 however, other objections remained upon the Bill.
Reps. BAKER and WHITE withdrew their objections to the following Bill. H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
Rep. SCOTT withdrew his objections to the following Bill. H. 4719 -- Reps. Wright, Quinn and Riser: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING IN 1994, TO ESTABLISH SEVEN NUMBERED ELECTION SEATS, TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED, THE METHOD BY WHICH THE RESULTS OF THE ELECTION ARE TO BE DETERMINED, AND TO EXTEND AND TERMINATE TERMS OF PERSONS AFFECTED BY THESE PROVISIONS.
Rep. KEYSERLING withdrew her objections to S. 1169 however, other objections remained upon the Bill.
Rep. RUDNICK asked unanimous consent to recall H. 4578 from the Committee on Judiciary. Rep. HUFF objected.
Rep. ANDERSON asked unanimous consent to recall H. 4720 from the Committee on Ways and Means. Rep. ROGERS objected.
Rep. BAXLEY asked unanimous consent to recall H. 4214 from the Committee on Ways and Means. Rep. KOON objected.
ON EDUCATION AND PUBLIC WORKS On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works. H. 4777 -- Rep. J. Harris: A BILL TO AMEND SECTION 2-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOLK HERITAGE AWARD, SO AS TO AUTHORIZE THE AWARD'S ADVISORY COMMITTEE TO AWARD AN ADDITIONAL FOLK HERITAGE AWARD AND TO ADD TO THE CRITERIA FOR THE AWARD THE SIGNIFICANCE OF THE FOLK ARTS ADVOCATE IN SUPPORTING AUTHENTIC SOUTH CAROLINA TRADITIONAL CRAFT OR INTERPRETING IT TO A WIDER AUDIENCE.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary. H. 4669 -- Reps. Wilkins, Whipper, Wilkes, Rama, A. Young, Hallman, Sharpe, Corning, Barber, Klapman, Wright, McAbee, Smith, Townsend, Shirley, Waites, Wofford, Quinn, Bruce, Tucker, Boan, McKay, Riser, Taylor, Koon, Rhoad, H. Brown, Littlejohn, Canty, Corbett, Mattos, Keegan, Byrd, Chamblee, McGinnis, Haskins, Harvin, D. Elliott, Beasley, Lanford, Carnell, White, Gonzales, Fair, K. Burch, Stone, Shissias, Wells, Foster and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
Rep. KEMPE asked unanimous consent to recall H. 4109 from the Committee on Labor, Commerce and Industry. Rep. J. BAILEY objected.
On motion of Rep. HUFF, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary. S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
AND RETURNED TO THE SENATE The Senate amendments to the following Bill were taken up for consideration. H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS. Reps. CORNING, WILDER and RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3891.AL), which was adopted. Amend the bill, as and if amended, by striking SECTIONS 2, 3, and 4 and inserting: /SECTION 2. The 1976 Code is amended by adding: "Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and State Law Enforcement Division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the Division of Motor Vehicles. The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the Department of Highway and Public Transportation and approved by the Attorney General. Upon conviction for a violation of Section 56-3-1970, five dollars of the fine assessed must be remitted to the department for administration and implementation costs. Section 56-3-1972. For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the Department of Highways and Public Transportation for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which must be pink and must be dispatched by the issuing agency to the department for purposes of audit. Each ticket shall have a unique identifying number. Section 56-3-1973. The Department of Highways and Public Transportation shall have the uniform parking violations ticket printed. Law enforcement and security agencies shall order tickets from the department and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement and security agency. The audit copy and the department records copy must be forwarded to the department within thirty days of the disposition of the case by final trial court action. The head of each law enforcement agency is responsible for forwarding the audit copies and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action and for forwarding the results of the inventory on a form prescribed by the department to the department within ten days of the completion of the inventory. Section 56-3-1974. A person who wilfully and intentionally violates the provisions of Section 56-3-1973 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned not more than six months, or both, for each ticket unaccounted for or each failure to timely forward the issuing agency's copy or department records copy or audit copy of a ticket. If the failure to account for a ticket or the failure to timely forward the issuing agency's copy or the department records or audit copy of the ticket is inadvertent or unintentional, the misuse is triable in magistrate's court and, upon conviction, the person must be fined not more than one hundred dollars. The service of the uniform parking violations ticket vests all traffic, recorders, and magistrates courts with jurisdiction to hear and dispose of the charge for which the ticket was issued and served."/ SECTION 3. This act takes effect upon approval by the Governor except that the provisions of Section 2 takes effect one hundred twenty days after approval by the Governor./ Renumber sections to conform. Amend title to conform. Rep. CROMER explained the amendment. The amendment was then adopted. The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was received. Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Moore, and Leatherman of the Committed of Free Conference on the part of the Senate on H. 4480 and has granted Free Conference Powers: Received as information.
The following was received. Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4480: Received as information.
FREE CONFERENCE REPORT The General Assembly, Columbia, S.C., April 28, 1992
The COMMITTEE OF FREE CONFERENCE, to whom was referred: That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. Subitem 13 of Section 3 of Act 1377 of 1968, as added by Section 1 of Act 518 of 1980, is amended to read: "13. Educational Television Commission: 1. Greenville-Replacement of Transmitter Equipment and Transmitter Building on Paris Mountain . . . . . . . . . . . . . . . . . . . $1,171,900
Station 485,000
3. Equipment-Columbia Facility 970,000 Total, Education
Television Commission $ 2,626,900". SECTION 2. Subitem 5 of item 12 of Section 3 of Act 1377 of 1968, as added by Section 1 of Act 538 of 1986, is amended to read: "5. Sumter Area Technical College (a) Building 400 Roof replacement 100,000
(b) Building 400 Renovations 210,000". SECTION 3. Sub-subitem (j), subitem 24(A) (Department of Youth Services), item (f), Section 3 of Act 1377 of 1968, as last amended by Section 6 of an act of 1991 bearing ratification number 256, is further amended to read:
"(j) Facility Roofing SECTION 4. Item (f) of Section 3 of Act 1377 of 1968, as last amended by an act of 1991 bearing ratification number 256, is further amended by adding: "Ports Authority
Economic Development Project 25,000,000 Total, Ports Authority 25,000,000 If the Joint Bond Review Committee and the Budget and Control Board determine that the Ports Authority Economic Development Project cannot be implemented, the authorization in this subitem is void." SECTION 5. Subitem 34 (Horry County), item (f), Section 3 of Act 1377 of 1968, as last amended by Section 8 of an act of 1991 bearing ratification number 256, is further amended to read:
"34.
City of Myrtle Beach Convention Center 5,000,000
Total,
City of Myrtle Beach 5,000,000
SECTION 6. (A)(1) The offices of the Retirement Division of the State Budget and Control Board have relocated three times in the downtown area of Columbia during the past fifteen years, bringing about administrative hardship and creating confusion on the part of the two hundred thousand members and retirees of the various state retirement systems. (2) The Retirement Division is currently unable to provide adequate parking for its thousands of visitors. (3) Many state retirement systems, after careful study, have determined it to be prudent to own administrative space acquired through the use of system funds. (4) Leasing proposals indicate ownership is a wise option for our system to pursue. (B) The General Assembly finds that the Retirement Division of the State Budget and Control Board needs adequate and suitable office space to fulfill its ordinary and necessary functions and that ownership of adequate and suitable office space will lend stability to the division's relationship with the members and retirees of the various state retirement systems, provide adequate parking for visitors, and, when compared to leasing, preserve the funds of the various systems. (C) The State Treasurer may transfer an amount necessary from the funds of the various state retirement systems for use in purchasing or building adequate and suitable offices primarily for the use of the Retirement Division of the State Budget and Control Board. The purchase or construction must conform to applicable laws, regulations, and policies governing acquisitions. SECTION 7. Notwithstanding the provisions of Section 2-7-105 of the 1976 Code, it is the intent of the General Assembly that state capital improvement bonds may not be authorized in 1993. SECTION 8. Section 4 of Act 1377 of 1968, as last amended by an act of 1991 bearing ratification number 256, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed SECTION 9. This act takes effect upon approval by the Governor./ Amend title to conform.
/s/J. Verne Smith /s/William D. Boan /s/Hugh Leatherman /s/Marion P. Carnell /s/Thomas L. Moore /s/Henry E. Brown, Jr. On Part of the Senate. On Part of the House. Rep. BOAN explained the report. The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to. H. 4604 -- Rep. Wilkins: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.
S. 494--RECOMMITTED Rep. ROGERS moved to recall H. 4578 from the Judiciary Committee. As first substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period. As a second substitute Rep. CROMER moved to recall H. 3594 from the Judiciary Committee. Rep. HODGES moved to table the motion. Rep. CROMER demanded the yeas and nays, which were not ordered. The motion to table was agreed to by a division vote of 49 to 48. As a second substitute, Rep. PHILLIPS moved to recommit S. 494 to the Committee on Education and Public Works.
Rep. L. MARTIN raised the Point of Order that the motion to recommit the Bill during the Motion Period was out of order as you cannot make that motion unless the House is on the Bill. He further stated that it would be taking the Bill up during the Motion Period and altering the calendar. The SPEAKER stated, citing Rule 6.3 and Rule 8.9, that when a motion is made during the Motion Period, the Speaker shall entertain but two substitute motions which shall be considered in their inverse order. He further stated that there was not a limitation and that while a subject was under debate it could be recommitted but that under the Rules that was not the only time. Rep. L. MARTIN stated that the only way to recommit a Bill was when the House was on that Bill. The SPEAKER stated that the House was not going to debate the Bill or take it up and he overruled the Point of Order. Rep. SMITH moved to table the motion. Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Bailey, J. Baker Baxley Brown, G. Carnell Cato Chamblee Clyborne Cooper Council Cromer Elliott, L. Fair Foster Gentry Gonzales Harris, J. Harrison Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jennings Kinon Kirsh Klapman Koon Lanford Martin, L. McAbee McElveen McKay McLeod Meacham Neilson Nettles Quinn Rhoad Riser Ross Sharpe Shissias Smith Stone Taylor Tucker Vaughn Waldrop Wilkins Wofford Wright Young, A.
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Barber Beasley Beatty Bennett Brown, J. Bruce Burch, K. Byrd Canty Cobb-Hunter Corbett Delleney Elliott, D. Farr Felder Fulmer Glover Hallman Harrelson Hendricks Jaskwhich Johnson, J.C. Keegan Kempe Kennedy Littlejohn Manly Marchbanks Martin, D. Martin, M. Mattos McCraw McGinnis McTeer Phillips Rama Rogers Rudnick Scott Sheheen Snow Stoddard Townsend Waites Wells Whipper Wilder Wilkes Williams, D. Williams, J.
So, the House refused to table the motion to recommit. The question then recurred to the motion to recommit the Bill to the Education and Public Works Committee. Rep. GONZALES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Barber Beasley Beatty Bennett Brown, G. Brown, H. Brown, J. Bruce Burch, K. Canty Carnell Cobb-Hunter Corbett Delleney Elliott, D. Farr Felder Fulmer Glover Hallman Harrelson Harris, J. Hendricks Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Lanford Littlejohn Manly Marchbanks Martin, D. Martin, M. Mattos McAbee McCraw McGinnis McTeer Phillips Rama Rhoad Rogers Rudnick Scott Sheheen Snow Stoddard Taylor Townsend Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Wofford
Those who voted in the negative are: Bailey, J. Baker Baxley Byrd Cato Chamblee Clyborne Cooper Council Elliott, L. Fair Foster Gentry Gonzales Harrison Harwell Haskins Hodges Holt Houck Hyatt Kinon Kirsh Klapman Koon Martin, L. McElveen McLeod Meacham Neilson Quinn Riser Ross Sharpe Shissias Smith Stone Tucker Vaughn Waites Waldrop Wilkins Wright Young, A.
So, S. 494 was recommitted. Rep. L. MARTIN moved to dispense with the balance of the Motion Period which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. KEYSERLING having the floor. H. 4379 -- Reps. Keyserling, Barber, Hendricks, Rogers, Whipper, McLeod, McElveen, McTeer, Wilkes, Houck, J. Bailey, Foster, Holt, L. Elliott, D. Martin, Inabinett, Baxley, McKay, Kempe, Waites, Cromer, Manly, Bennett, McAbee, Boan, Jennings, Hodges, Glover, Farr, Cato, D. Williams, Harvin, Cooper, Fulmer, Sharpe, Corbett, Meacham, A. Young, Tucker, Wright, Wells, Rudnick, M. Martin, Hallman, Mattos, Neilson, M.O. Alexander, Sheheen, Byrd, Harrelson, Shirley, J. Brown, Keegan, Anderson, Waldrop, Scott, Gonzales, D. Elliott, Harrison, Shissias, Corning, Quinn, Cork, Altman, Snow, Sturkie, Hyatt, Phillips, Cobb-Hunter, Kinon and McGinnis: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 28, by the Committee on Ways and Means. Rep. KEYSERLING continued speaking. Reps. KLAPMAN and FELDER spoke against the amendment.
The SPEAKER granted Rep. BEASLEY a leave of absence for the remainder of the day. Rep. FELDER continued speaking. Rep. HENDRICKS spoke in favor of the amendment. Rep. KEYSERLING spoke in favor of the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 1 was out of order as it was not in compliance with Code Section 20-7-76 which related to the fiscal impact statements required where there is an impact upon the expenditure of county or municipal personnel or basically local government monies. He further stated that it had to have attached to it a local government fiscal impact statement if the monies are derived from taxes collected by the county. Rep. KEYSERLING argued contra the Point. Rep. HUFF cited Page 6, Article 6, Section 48-52-620 of the Bill. The SPEAKER stated that that dealt with the Amendment and it had not become a part of the Bill yet and he overruled the Point of Order.
Rep. HASKINS raised the Point of Order that Amendment No. 1 was out of order as it did not have a fiscal impact statement. He further stated, citing Article 6, Section 48-52-620, Subsection B, on Page 8 of the Bill, that it required that the agency which is responsible for the utility bill of the building which includes all the school buildings must bear the cost of installing the meters. The SPEAKER stated that the Code Section dealt with expenditures of county and municipal funds and not school district funds and he overruled the Point of Order. Rep. KEYSERLING continued speaking. Rep. BARBER was recognized. Rep. McLEOD moved that the House do now adjourn. Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Anderson Brown, J. Byrd Elliott, L. Martin, M. McGinnis McKay McLeod Nettles Taylor
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Cato Chamblee Clyborne Cooper Corning Council Cromer Delleney Elliott, D. Fair Farr Glover Gonzales Harrelson Harris, J. Harrison Harwell Haskins Hendricks Hodges Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. McCraw McElveen McTeer Meacham Neilson Phillips Quinn Rama Riser Rogers Ross Sharpe Sheheen Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Williams, J. Wofford Young, A.
So, the House refused to adjourn. Rep. BARBER spoke in favor of the amendment. The amendment was then adopted. Rep. HASKINS proposed the following Amendment No. 2, which was tabled. Amend the Ways and Means Committee amendment, as and if amended, at page 4379-29, beginning at line 36 by deleting Section 19 in its entirety. Renumber and amend title to conform. Rep. HASKINS explained the amendment. Rep. KEYSERLING spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 64 to 33. Rep. TOWNSEND moved to continue the Bill. Rep. WAITES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Bennett Brown, G. Brown, H. Brown, J. Bruce Byrd Cato Chamblee Cobb-Hunter Cooper Corbett Council Elliott, D. Fair Felder Haskins Johnson, J.C. Kennedy Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. Martin, M. McLeod Rhoad Ross Scott Sharpe Shirley Smith Stoddard Stone Taylor Townsend Vaughn White Wilder Wofford Young, R.
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beatty Boan Burch, K. Clyborne Corning Cromer Delleney Elliott, L. Foster Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harwell Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Kempe Keyserling Kinon Koon Manly Martin, D. Mattos McCraw McElveen McGinnis McTeer Meacham Neilson Quinn Rama Riser Rogers Rudnick Sheheen Shissias Snow Sturkie Tucker Waites Waldrop Whipper Wilkes Wilkins Williams, J. Wright Young, A.
So, the House refused to continue the Bill. Rep. QUINN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\2661.AC), which was adopted. Amend the bill, as and if amended, Part II, Section 1, Section 48-52-440(1), by deleting /and/or gas/. Renumber sections to conform. Amend title to conform. Rep. TOWNSEND spoke against the Bill. Rep. TOWNSEND moved to table the Bill. Rep. WAITES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Alexander, T.C. Bailey, G. Bennett Brown, G. Brown, H. Brown, J. Bruce Byrd Cato Chamblee Clyborne Cooper Council Delleney Elliott, D. Fair Felder Glover Haskins Huff Jaskwhich Johnson, J.C. Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. Martin, M. McLeod Rhoad Ross Smith Stoddard Stone Townsend Vaughn White Wilder Wilkins Wofford Young, R.
Those who voted in the negative are: Alexander, M.O. Altman Anderson Bailey, J. Barber Baxley Beatty Boan Burch, K. Carnell Cobb-Hunter Corbett Corning Cromer Elliott, L. Farr Foster Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harwell Hendricks Hodges Houck Hyatt Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Koon Manly Martin, D. Mattos McAbee McCraw McElveen McGinnis McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Rudnick Scott Shirley Shissias Snow Sturkie Taylor Tucker Waites Waldrop Whipper Wilkes Williams, J. Wright Young, A.
So, the House refused to table the Bill. Rep. RHOAD moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair. Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Bailey, G. Beatty Brown, J. Bruce Byrd Cato Cooper Elliott, D. Fair Farr Glover Hallman Haskins Kirsh Lanford Littlejohn Martin, M. McGinnis McLeod Rhoad Scott Shirley Stoddard Taylor Townsend Vaughn White Wilder Young, R.
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Boan Brown, G. Brown, H. Burch, K. Chamblee Clyborne Cobb-Hunter Corbett Corning Council Cromer Delleney Elliott, L. Felder Foster Gonzales Harrelson Harris, J. Harrison Harwell Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Klapman Manly Marchbanks Martin, D. Martin, L. McCraw McElveen McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Sheheen Shissias Smith Snow Stone Tucker Waites Waldrop Whipper Wilkes Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn. Reps. McLEOD and HASKINS spoke against the Bill. Rep. FELDER moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair. Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Anderson Brown, G. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cooper Elliott, D. Fair Felder Haskins Holt Huff Kirsh Klapman Lanford Littlejohn McAbee McLeod Rhoad Riser Scott Sharpe Shirley Taylor Townsend Vaughn White Wilder Wilkes Wright
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, H. Burch, K. Cobb-Hunter Corning Council Cromer Delleney Elliott, L. Farr Foster Gentry Glover Gonzales Hallman Harrelson Harris, J. Harrison Hendricks Hodges Houck Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Koon Manly Marchbanks Martin, D. Martin, L. Mattos McCraw McElveen McGinnis McTeer Meacham Neilson Phillips Quinn Rama Rogers Ross Rudnick Sheheen Shissias Smith Snow Stoddard Stone Tucker Waites Waldrop Wells Whipper Wilkins Williams, J. Wofford Young, A.
So, the House refused to adjourn. Rep. HASKINS moved to adjourn debate upon the Bill.
Rep. HUFF raised the Point of Order that the motion to adjourn debate was out of order as you cannot adjourn debate on Special Order. The SPEAKER sustained the Point of Order.
Rep. HUFF raised the Point of Order that the Bill was out of order in that Section B of 58-37-40 on Page 16 of the Bill referred to electric cooperatives and municipally owned electric cooperatives in requiring them to submit certain reports and prior to the acquisition of purchase and construction of additional generating capacity, they must submit these reports and that this was the use of municipal personnel, equipment and facilities to implement the production of those reports and therefore, would require a local government impact statement. The SPEAKER stated that the committee had a fiscal impact statement at the end of its Amendment on pages 30-34. Rep. HUFF stated that there would be a cost on local government. The SPEAKER stated that if that wasn't addressed in the impact statement, then he assumed that they had deemed that there was no impact there. He further stated that an impact statement was in the opinion of the author and in the opinion of the committee if it was changed. Rep. HUFF stated that it was required by the Committee Chairman to have a statement attached. The SPEAKER stated that there was a fiscal impact statement attached and that he did not dictate the terms and he overruled the Point of Order.
Rep. TOWNSEND raised the Point of Order that the Bill was out of order under Rule 5.13 in that the state auditor shall attach such comment on expenditures. The SPEAKER overruled the Point of Order. Rep. HASKINS moved to recommit the Bill to the Committee on Ways and Means. Rep. BARBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Anderson Bailey, G. Bennett Brown, G. Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Council Elliott, D. Fair Felder Glover Haskins Huff Johnson, J.C. Keegan Kennedy Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McGinnis McLeod Rhoad Riser Ross Sharpe Shirley Smith Stoddard Stone Sturkie Townsend Vaughn Wilder Wofford Wright
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beatty Boan Brown, J. Burch, K. Byrd Cobb-Hunter Corning Cromer Delleney Elliott, L. Farr Foster Gentry Gonzales Harrelson Harris, J. Harrison Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Kempe Keyserling Kinon Manly Martin, D. Mattos McCraw McElveen McTeer Neilson Phillips Quinn Rama Rogers Rudnick Scott Sheheen Shissias Snow Taylor Tucker Waites Waldrop Wells Whipper Wilkes Wilkins Williams, J.
So, the House refused to recommit the Bill. Rep. HUFF spoke against the Bill. Rep. CLYBORNE moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair. Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Anderson Bailey, G. Bennett Brown, G. Brown, H. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cooper Corbett Elliott, D. Fair Farr Felder Foster Glover Hallman Harrison Haskins Huff Inabinett Johnson, J.C. Kennedy Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks McAbee McGinnis McLeod Phillips Rhoad Riser Ross Scott Sharpe Shirley Smith Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beatty Boan Burch, K. Corning Cromer Delleney Elliott, L. Gentry Gonzales Harrelson Harris, J. Harwell Hendricks Hodges Holt Houck Hyatt Jaskwhich Jennings Keegan Kempe Keyserling Manly Martin, D. Martin, L. Mattos McCraw McElveen McTeer Meacham Quinn Rama Rogers Rudnick Sheheen Shissias Snow Waites Waldrop Whipper Williams, J. Young, A.
So, the motion to adjourn was agreed to. Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
The Senate returned to the House with concurrence the following: H. 4798 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARY LIGHTSEY HALL OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS. H. 4800 -- Reps. Kempe, McGinnis and Beatty: A CONCURRENT RESOLUTION CONGRATULATING CHRIS BARRETT OF BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY UPON RECEIVING ONE OF THE NATIONAL BETA CLUB'S TOP FOUR SCHOLARSHIPS.
At 5:40 P.M. the House in accordance with the motion of Rep. VAUGHN adjourned in memory of Ronnie K. Pittman, to meet at 10:00 A.M. tomorrow.
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