Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, we thank You for the loveliness which is unveiled when dawn gilds the skies, for the chorus of the birds, for unfolding blossoms that make the earth radiant and beautiful. And as nature wakes to the warm sunshine and flowers, so in response to Your beckoning may there stir within us a desire for Your unchanging precepts for goodness and uprightness. So breathe upon us, O Spirit of God, that the teachings of the Lord be engrafted within us that even while we are pilgrims of the night we may be heralds of a better morning.
Be with us this day, and every day. 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 Friday, the SPEAKER ordered it confirmed.
Rep. FELDER moved that when the House adjourns, it adjourn in memory of Dorothy Parker of Denmark, which was agreed to.
The following was received.
Columbia, S.C., March 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 14, H. 3218 by a vote of 40 to 0.
(R14) H. 3218 -- Rep. Askins: AN ACT TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 638:
S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995.
Very respectfully,
President
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 647 -- Senators Washington, Ford, McConnell, Passailaigue, Richter, Rose and Greg Smith: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WILLIAM J. KNOWLES OF CHARLESTON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. CAVE, with unanimous consent, the following was taken up for immediate consideration:
H. 3828 -- Reps. Cave and Rhoad: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE WILLISTON-ELKO BLUE DEVILS BOYS BASKETBALL TEAM OF BARNWELL COUNTY, HEAD COACH DWAYNE HARTSOE, AND THE COACHING STAFF ON THURSDAY, MARCH 30, 1995, AT 10:15 A.M., FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Williston-Elko Blue Devils Boys Basketball Team of Barnwell County, Head Coach Dwayne Hartsoe, and the coaching staff on Thursday, March 30, 1995, at 10:15 a.m., for the purpose of being presented a Concurrent Resolution on winning the 1995 State Class A Basketball Championship.
The Resolution was adopted.
The following was introduced:
H. 3829 -- Reps. Rhoad, Cave and Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BARNWELL HIGH SCHOOL SCARLET KNIGHTS BAND OF BARNWELL COUNTY UPON RECEIVING AN INVITATION FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR, THE NATIONAL PARK SERVICE, AND THE INDEPENDENCE DAY PARADE ASSOCIATES TO REPRESENT THE STATE OF SOUTH CAROLINA BY MARCHING IN THE 1995 INDEPENDENCE DAY PARADE IN WASHINGTON, D.C. ON JULY 4, 1995.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.
Referred to Committee on Education and Public Works.
H. 3825 -- Reps. Rice, Herdklotz, Bailey, Cromer, Sheheen, Cato and Mason: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-23-65 SO AS TO PROHIBIT A LICENSED DRIVER TRAINING SCHOOL OR ANY OTHER ENTITY CONDUCTING DRIVER TRAINING WHICH IS NOT REQUIRED TO BE LICENSED FROM CONDUCTING ON-THE-ROAD TRAINING OF ITS ENROLLEES WITHIN A ONE MILE RADIUS OF A BUILDING FROM WHICH DRIVER'S LICENSE ROAD TESTS ARE CONDUCTED OR WITHIN A ONE MILE RADIUS OF ANY PART OF THE ROAD TEST COURSE USED BY STATE DRIVER'S LICENSE EXAMINERS.
Referred to Committee on Education and Public Works.
H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.
Referred to Committee on Labor, Commerce and Industry.
S. 97 -- Senators Hayes, Elliott, Giese and Wilson: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS AND FRAUDULENT APPROPRIATION OF THE SAME, SO AS TO, AMONG OTHER THINGS, ESTABLISH CERTAIN NEW MISDEMEANOR OFFENSES, INCLUDING THAT OF WILFUL AND FRAUDULENT FAILURE TO RETURN A MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE OR RENTAL AGREEMENT HAS EXPIRED, AND PROVIDE PENALTIES.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Elliott Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, March 21.
Charles R. Sharpe John G. Felder Harold G. Worley Richard M. Quinn, Jr. Jackson S. Whipper C. Alex Harvin, III Joseph T. McElveen, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. JASKWHICH a leave of absence for the week.
Announcement was made that Dr. Gene F. Dickerson of Sumter is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.
Rep. H. BROWN moved to commit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.
Rep. H. BROWN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\21576SD.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, and inserting:
/SECTION 2. Section 4-29-67 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding at the end:
"(AA) (1) Notwithstanding any other provision of this section, in the case of a qualified recycling facility the annual fee is available for no more than thirty years, and for those projects constructed or placed in service during more than one year, the annual fee is available for a maximum of thirty-seven years.
(2) Notwithstanding any other provision of this section, for a qualified recycling facility, the assessment ratio may not be less than three percent.
(3) Any machinery and equipment foundations, port facilities, or railroad track systems used, or to be used, for a qualified recycling facility is considered tangible personal property.
(4) Notwithstanding subsections (F) and (I) of this section, the total costs of all investments made for a qualified recycling facility are eligible for fee payments as provided in this section.
(5) For purposes of any fees that may be due on undeveloped property for which title has been transferred to the county by or for the owner or operator of a qualified recycling facility, the assessment ratio is three percent.
(6) Notwithstanding subsection (D)(2)(b) of this section, in the case of a qualified recycling facility, net present value calculations performed under the subsection must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published on any day selected by the investor during the year in which assets are placed into service or in which the inducement agreement is executed.
(7) As used in this subsection, `qualified recycling facility' and `investment' have the meaning provided in Section 12-7-1275(A)."/
Amend the bill further, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 12-7-1200 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding the provisions of this section, a taxpayer who is constructing or operating a qualified recycling facility as defined in Section 12-7-1275(A) may petition the department for the use of separate accounting with respect to all or any part of the taxpayer's or taxpayer's subsidiaries' business activities or for the use of any other method to determine the taxpayer's or taxpayer's subsidiaries' taxable income. The department shall forward the petition with its comments concerning the economic impact of the suggested method to the Advisory Coordinating Council for Economic Development. The department may approve the petition upon certification of the Advisory Coordinating Council for Economic Development that the benefits to the public exceed the costs to the public."/
Amend the bill further, as and if amended, by striking SECTION 5 and inserting:
/SECTION 5. A taxpayer who is constructing or operating a qualified recycling facility as defined in Section 12-7-1275 shall be entitled to credits in the amount of all funds collected as permitted in Section 12-10-80, which credits can be used to reduce the taxpayer's corporate income tax imposed by Section 12-7-230, sales or use tax imposed by the State or any political subdivision of the State, corporate license fees imposed by Section 12-19-70 or any tax similar to these taxes. Any unused credits may be carried forward to subsequent taxable years until such credits are exhausted.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN 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. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5466HTC.95), which was adopted.
Amend the bill, as and if amended, in Section 27-32-10(7), as contained in Section 1, page 1, lines 34 and 41 by striking /of/ and inserting /for/ so that when amended item (7) reads:
/(7) `Vacation time sharing ownership plan' means any arrangement, plan or similar devise, whether by tenancy in common, sale, term for years, deed, or by other means, which is subject to supplemental agreement or contract for use of the time share unit, whereby the purchaser receives an undivided ownership interest in real property and the right to use accommodations or facilities, or both, for a specific period or periods of time during any given year, but not necessarily for consecutive years, which extends for a period of more than one year. A vacation time sharing ownership plan may be created in a condominium established on a term for years or leasehold interest having an original duration of thirty years or longer. An interest in a vacation time sharing ownership plan is recognized as an interest in real property for all purposes under the laws of this State./
Amend title to conform.
Rep. JENNINGS 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. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.
Rep. JENNINGS explained the Bill.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
On motion of Rep. SHEHEEN the House stood at ease subject to the call of Chair.
At 12:30 P.M. 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.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.
The President recognized Senator McConnell, Chairman of the Joint Judicial Screening Committee.
On motion of Rep. WILKINS, with unanimous consent, the following communication was printed in the journal.
March 21, 1995
The Honorable David H. Wilkins
Speaker, House of Representatives
508 Blatt Building
Columbia, S.C. 29211
Dear Mr. Speaker:
To be a viable candidate for the Supreme Court I must have not only the vote of but the active support of the delegations of the Thirteenth Judicial Circuit. Unfortunately, for reasons that have been addressed in the news media, much of this support has left me. It has also eroded support from other districts that I expected to help. Simply put, I do not have sufficient pledges to make a respectable showing.
I take this opportunity to thank you, Representatives Haskins, McMahand, Rice, Herdklotz, Jaskwhich and Anderson and Senators Smith and Martin for your pledges of support.
It is my sincere belief I would have been a constructive member of the Court helping to build a consensus in these difficult and important times.
Please withdraw my name from consideration as a candidate for the Supreme Court of South Carolina.
Sincerely,
C. Victor Pyle, Jr.
The President announced that nominations were in order for an Associate Justice of the Supreme Court.
Senator McConnell, on behalf of the Joint Screening Committee, announced that the following candidates had been screened and found qualified: the Honorable Ralph King Anderson, Jr., the Honorable E.C. Burnett, III, the Honorable Costa M. Pleicones and the Honorable C. Victor Pyle, Jr.
Rep. BAXLEY nominated the Honorable Ralph King Anderson, Jr. as follows:
"Thank you, Mr. President, Mr. Speaker, members of our courts and the judiciary, ladies and gentlemen of the Joint Assembly, distinguished guests... It is my privilege today to stand before you to nominate one of South Carolina's most distinguished and dedicated public servants to fill the vacancy on the South Carolina Supreme Court, a man who has given freely of himself and service to others including 16 years as a respected jurist on our Circuit Court and six years as an active member of this General Assembly. That man is Ralph King Anderson, Jr. Today, we are about some very serious business. There is no position more important to the operation of state government that this 111th General Assembly will elect than what we are doing today. Vested in the five members of the Supreme Court is the authority to nullify the acts of this Body, to create judge made law and to serve as the protectors of our rights and responsibilities as citizens. I am proud to nominate Judge Anderson. I am proud to nominate him for this important position and I briefly wish to share with you four reasons why we submit that Judge Anderson is the best candidate for this job. The first of these is scholarship. For those of you who read the report of the screening committee, the 100 plus page document, you saw that it was this General Assembly's most comprehensive effort to screen the candidates for judges that we have before us. Out of the candidates for this office, they were screened for practice and procedure scores, for compliance with ethics, knowledge of legal ability, experience, temperament and other categories and out of the four candidates for this office, Judge Anderson was scored, by our committee, the highest of them all. He rated 3.38 out of a possible 4. I would also point out to you though that Judge Anderson's scholarship was not only recognized by our committee, it did not begin there and it did not end there. Each of us in our job or profession has a book that we turn to whenever we don't know exactly what to do and we are confronted by something that may confuse or confound us. South Carolina's lawyers have such a book. I have it with me today. It is known as The Nuts and Bolts of South Carolina Subsitive and Procedural Law. The author of this book is Ralph King Anderson, Jr. This man has given of his years of experience, judicial knowledge and practicing law to the people of South Carolina, both laymen and lawyer, for the use of this book to tell people about what to do when confronted with situations with which they are not familiar. Not only that, but Judge Anderson has given this to the citizens of South Carolina by refusing to accept any royalties for the printing or the publication of this book. You know lawyers can be a tough group sometime, particularly when they can act in amenemity and the members of the South Carolina Bar are questioned from time to time in surveys as to how they rate the various judges before whom they practice. South Carolina's lawyers anonymously responded in considering Judge Anderson and rated him in the State number one on the knowledge of the law, number one on the application of the rules of evidence and number one on punctuality and attendance and in responding with rulings. One other point on scholarship, Judge Anderson is a judge's judge. As we worked in this campaign, we would be interrupted by emergency phone calls, from other judges out on the bench, confronted with situations to which they did not know the answer and tracked down Judge Anderson wherever he might be to ask him what to do. Judge Anderson clearly is recognized by all of us and by his colleagues as a scholar. But, to say that Judge Anderson should be elected to the Supreme Court on the basis of scholarship is to miss the mark. Number two is unparallel work ethic. Judge Anderson began and I don't think he would mind me telling you this, with some humble beginnings. He grew up on a tobacco farm in a rural Pee Dee section of our State. The thing most of us know about tobacco is how to tax it. But, there is a lot more to it than taxing it. In fact, before the days of mechanization, tobacco was probably the most labor intensive crop there was. Judge Anderson put it that the only time he wasn't working in the fields was when he was in school or it was dark or it was Sunday. He did work his way through school. He finished high school, the first in his family to do so and carrying two jobs, he worked his way through college and law school. Those humble beginnings have given him an appreciation for who he is and where he is and that has resulted in an unparallel work ethic. It is not uncommon that when he comes to your county to hold court, for him to start at 7:30 in the morning with a hearing, work through lunch, have a hearing on another matter at lunch, and end the day at 7:00 p.m. The Court Administration realizes this and when there are problems in a county, with a docket in the criminal or civil court, they send Judge Anderson. The South Carolina Bar, as I mentioned earlier, rated him number one in work ethic among the state's judiciary. But to say that Judge Anderson should be elected to the Supreme Court on the basis of his work ethic is also to miss the mark. I would like to talk to you about compassion, point number three. Maybe some of you had the chance, I think it was three years ago when the Disabilities Committee had an exercise downstairs where you could get in a wheelchair and go up a ramp and go through a door. I could not do that, it was much more difficult than I ever anticipated, and it created in me, Mr. Fleming, a respect for individuals who everyday face more adversity than I do in a whole month and often, I am the one complaining. Not long ago, in Florence County, when the jury was summoned and when they are summoned, they are not summoned with regard to race, creed, color, physical ability or beliefs. One of the individuals there that day was a paraplegic and happened to be in a wheelchair. As the morning progressed, and the first juror was drawn, that individual was chosen for jury service. Immediately, Judge Anderson was confronted with a problem because he realized that in the Florence County Courthouse, there was no ramp to get from the jury box to the jury room. You had to go downstairs and upstairs and impossible for this juror. He could have said that this juror, because his service would not be efficient to the case or to the State, that he would excuse them. He didn't do that. He supervised and worked through lunch the construction of a ramp to get that juror from the box to the jury room. That is a simple act and it is reaching out to a disenfranchised citizen and some may say that is not important, but I would say it is. It represents a lifetime of inclusion that Judge Anderson has lived, a concept for which our government is founded. But, to say that Judge Anderson is compassionate and should be elected to the Supreme Court solely for that reason is again to miss the mark. Finally, I want to discuss with you point number four and that is family values. For 38 years, he has been married to his wife, Loretta Lynch, and they have two children, Deborah and Tripp. Tripp, as you know, is also wheelchair bound, and serves capably as one of our Administrative Law Judges elected last year. Judge Anderson's wife could not be with us today, because of a recent problem requiring some hospitalization and some intensive physical therapy. One of our colleagues recently commented to me that he had noticed that Judge Anderson had not been at a reception the night before. I thought to myself, that's right, he was at home with his family where most of us probably should have been, not as a chore, not as a burden, but as a labor of love. Long before it became politically convenient, Judge Anderson exhibited the family values upon which our government is based and grounded. But, just to say that Judge Anderson should be elected to the Supreme Court because of his family values is again to miss the mark, for all of these attributes, scholarship, work ethic, compassion and family values combined make the true essence of this man who has given his life in public service. In conclusion, let me ask you, just for a moment, to put aside political considerations, political commitments, and step back and ask yourself, what kind of person do the citizens in my district want me to elect to the state's highest court. Well, I would submit to you that it is a person that is a real straight arrow, unquestionable integrity, honesty, fairness, a true intellect that will challenge the colleagues on the court and the members of the staff instead of simply accepting what a young staff lawyer may submit to them. Also, it is a person with a strong work ethic, a work horse who gives back far more than he receives and in Ralph King Anderson, we have that candidate, for he embodies all of these qualities, a man who is exactly what your people back home would want. Thank you."
Rep. D. SMITH nominated the Honorable E.C. Burnett, III as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly, distinguished guests... It is my privilege and great pleasure to nominate a person who is unmatched in his depth of judicial experience... a person who has given over 20 years of service to the people of this State, a person who has demonstrated vision in judicial administration and a man who I admire and respect, to serve as Associate Justice of the South Carolina Supreme Court. E.C. Burnett, III was born and raised in Spartanburg County. He is a graduate of Spartanburg's public schools and a 1964 graduate of Wofford College. When called on by the United States Army to serve his country in 1964, he went proudly and served active duty including service in combat zones in Vietnam. He retired from the Army Reserves in 1986 having reached the rank of Major. After returning from active duty, he completed law school at the University of South Carolina. His wife, Jamie, who is with him in the balcony has been his consummate supporter in a profession that he unselfishly dedicated himself. They have a successful marriage of 31 years and three grown children. He is an active member of Mt. Calvary Baptist Church where he has been elected a deacon and an elder. He is a Life Member of Sertoma International and a Past President of the downtown Sertoma Club of Spartanburg. Judge Burnett's roots and dedication to public service run deep. His father was an outstanding lawyer, who was active in community affairs and was one of Spartanburg's best known and beloved citizens. He has very naturally adopted his father's commitment to improving the public good. Judge Burnett has served as a member of the General Assembly, as a Clerk of Court, a Probate Judge, a Family Court Judge, and in 1981, was elected Resident Judge for the 7th Judicial Circuit. He has also served as an Acting Justice to the South Carolina Court of Appeals. All of the candidates have been found to be qualified, but no other candidate has the depth of judicial experience as Judge Burnett. As one of the more senior Circuit Court Judges, with 14 years of experience, Judge Burnett had the foresight to bring Cherokee and Spartanburg Counties into the computer age, the first counties in the State to maximize today's technology. If elected, his experience can be extended to all judicial circuits. What does that mean for the people of South Carolina? Efficiency, effectiveness, less duplication. I'm sure those of you that served here two years ago remember those descriptive words, as we restructured state government. It's significant because, once again, we can use our wisdom and foresight to help make better, the third but equal branch of government. I submit to you that with Judge Burnett's knowledge, experience and vision, his election today would be one more step in the right direction for our State. Our Judiciary is, and I pray always will be, the safeguard of our liberties as our Constitution ensures. Today we are faced with a decision which will mold the future for the people of our State. Our Governor said in his State of the State message, `criminals whine to judges that their rights are violated, and judges too often agree.' My fellow legislators, E.C. Burnett had compassion for the victims of crime and knows what to do with criminals who violate their rights. What an awesome power you and I have, just as we are elected to represent a certain geographic, because the framers of our Constitution saw that as the fairest and most equitable way to represent our State. I submit to you that the election of Judge Burnett will bring geographic balance to the court. The South Carolina Bar's report on the candidates reads of Judge Burnett that he is respected for his legal ability and analytical skills, and that his character and integrity are excellent. I believe wholeheartedly that Judge Burnett's work habits and intellect will assure that he will not fail as an Associate Justice, but it is his depth of judicial experience, his 20 years of public service and his vision of judicial administration that will guarantee his success. The only reservation I have about his election to the Supreme Court is that Spartanburg and Cherokee Counties will loose its most respected trial judge. It is truly an honor to nominate, my friend, the Honorable E.C. Burnett, III to be Associate Justice of the South Carolina Supreme Court."
Rep. HARVIN seconded the nomination.
Rep. HARRISON nominated the Honorable Costa M. Pleicones as follows:
"Mr. President, Mr. Speaker, Members of the Joint Assembly... I rise today to place in nomination the name of Costa M. Pleicones. We all recognize that there are several traits that are required of a jurist - particularly one who sits on the highest court in the State. He or she must have a keen intellect, an even temperament, and a willingness to work hard. In addition to these three, a jurist must be impartial. His or her decisions must be based on the law irrespective of the parties or attorneys in a case. Judge Costa Pleicones is such a jurist - as are all four candidates for this seat. However, Judge Pleicones' qualifications are exceptional as demonstrated by the ratings he has received while serving as a Municipal Judge in Columbia and more recently as Resident Judge of the Fifth Judicial Circuit. Judge Pleicones' intellect, temperament, diligence and impartiality have not gone without notice. During Judge Pleicones' service on the Circuit Bench, he has been called upon on 10 occasions to serve as an Acting Associate Justice on the Supreme Court. In addition, in 1994 the South Carolina Bar conducted an anonymous and confidential rating of 26 judges up for re-election. Judges were rated on legal skills, impartiality, judicial temperament and industry. Of the 26 judges rated, Judge Pleicones and Judge William Howard finished in a virtual tie for 1st place. Judge Pleicones rated extremely high in every category. He tied for 1st in legal skills, tied for 1st in impartiality, tied for 2nd in judicial temperament, tied for 2nd in industry. This year the South Carolina bar rated the 4 candidates to fill the current vacancy on the Supreme Court. Judge Pleicones received the highest overall numerical rating. Clearly a reflection of the esteem with which he is held in the legal profession. Judge Pleicones also received the highest combined numerical rating by the Joint Legislative Committee for Judicial Screening. Judge Pleicones also has a distinguished record of public service. He has served as an Assistant Public Defender and as Chief Deputy Public Defender for Richland County. He has served as Assistant County Attorney and County Attorney for Richland County. Anyone who follows Richland County politics knows that such service constitutes a `baptism under fire'. He has served 26 years in the Army and Army Reserves - rising to the rank of Colonel. He has served as a member of the Richland County Detention Center Committee, President, Midlands Chapter Muscular Dystrophy Association, Board Member, Arthritis Foundation, Board Member, Columbia Housing Authority, Board Member, Richland County DSS Board, Board Member, United Way of the Midlands, Chairman, Richland County Public Defender Agency. Ladies and gentlemen, in conclusion, Judge Pleicones is a man of unquestionable character, integrity and ability with a distinguished record of public service. If we vote on the merits today, our vote should be for Judge Pleicones. I am proud to place his name in nomination. Thank you."
Rep. HODGES seconded the nominations and moved that the nominations be 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 Judge Anderson:
Drummond Elliott Glover Land Leatherman McGill Mescher Rankin Saleeby Setzler Smith, G.
The following named Senators voted for Judge Burnett:
Alexander Bryan Courtney Ford Hayes Lander Martin Matthews McConnell Passailaigue Peeler Reese Russell Smith, J.V. Thomas Washington Williams
The following named Senators voted for Judge Pleicones:
Cork Courson Giese Gregory Holland Jackson Leventis Moore Patterson Richter Ryberg Short Waldrep Wilson
On motion of Rep. WILKINS, the members of the House voted by electric roll call.
The following named Representatives voted for Judge Anderson:
Askins Baxley Brown, G. Cromer Harris, J. Harris, P. Harvin Hines Jennings Kelley Kennedy Koon Limbaugh Martin McElveen McKay McTeer Neilson Seithel Thomas Witherspoon Worley Young, J.
The following named Representatives voted for Judge Burnett:
Allison Anderson Bailey Beatty Breeland Brown, H. Brown, T. Cain Canty Carnell Cave Chamblee Cooper Dantzler Delleney Easterday Elliott Fair Fleming Fulmer Govan Hallman Harrell Haskins Herdklotz Huff Inabinett Klauber Lanford Littlejohn Lloyd Marchbanks McCraw McMahand Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Rice Sandifer Sharpe Simrill Smith, D. Smith, R. Stoddard Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Wofford Young, A.
The following named Representatives voted for Judge Pleicones:
Boan Brown, J. Byrd Clyburn Cobb-Hunter Cotty Felder Gamble Harrison Hodges Howard Hutson Keegan Keyserling Kirsh Knotts Law Limehouse Mason McAbee Richardson Riser Robinson Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker Wilkes Williams Wright
Total number of Senators voting 42
Total number of Representatives voting 119
Grand Total 161
Necessary to a choice 81
Of which Judge Anderson received 34
Of which Judge Burnett received 78
Of which Judge Pleicones received 49
Whereupon, the President announced that none of the candidates, having received the necessary vote, the Joint Assembly would proceed to the next ballot.
Rep. BAXLEY withdrew Judge Ralph King Anderson, Jr. as a candidate.
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 Judge Burnett:
Alexander Bryan Courtney Glover Hayes Lander Martin Matthews McConnell McGill Passailaigue Peeler Rankin Reese Russell Saleeby Smith, J.V. Thomas Washington Williams
The following named Senators voted for Judge Pleicones:
Cork Courson Drummond Elliott Ford Giese Gregory Holland Jackson Land Leatherman Leventis Mescher Moore Patterson Richter Ryberg Setzler Short Smith, G. Waldrep Wilson
On motion of Rep. WILKINS, the members of the House voted by electric roll call.
The following names Representatives voted for Judge Burnett:
Allison Anderson Bailey Baxley Beatty Breeland Brown, H. Brown, T. Cain Canty Carnell Cato Cave Chamblee Clyburn Cooper Dantzler Delleney Easterday Elliott Fair Fleming Fulmer Govan Hallman Harrell Harvin Haskins Herdklotz Hines Huff Hutson Inabinett Jennings Kelley Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin McCraw McKay McMahand Meacham Neal Neilson Phillips Quinn Rhoad Rice Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Young, A. Young, J.
The following names Representatives voted for Judge Pleicones:
Askins Boan Brown, G. Byrd Cobb-Hunter Cotty Cromer Felder Gamble Harris, J. Harrison Hodges Howard Keegan Kennedy Keyserling Kirsh Knotts Mason McAbee McElveen McTeer Moody-Lawrence Richardson Riser Rogers Scott Sheheen Shissias Stille Stuart Townsend Tucker Williams Worley Wright
Total number of Senators voting 42
Total number of Representatives voting 118
Grand Total 160
Necessary to a choice 81
Of which Judge Burnett received 102
Of which Judge Pleicones received 58
Whereupon, the President announced that the Honorable E.C. Burnett, III, having received a majority of the votes cast, was duly elected for the term prescribed by law.
The President announced that nominations were in order for an Appeals Court Judge, Seat 4.
Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: the Honorable C. Tolbert Goolsby, Jr.
On motion of Senator McConnell, 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 the Honorable C. Tolbert Goolsby, Jr., was duly elected for the term prescribed by law.
The President announced that nominations were in order for an Appeals Court Judge, Seat 3.
Senator McConnell, on behalf of the Joint Screening Committee, announced that the following candidates had been screened and found qualified: the Honorable Tom J. Ervin, the Honorable Ben A. Hagood, Jr., the Honorable Kaye G. Hearn and the Honorable H. Samuel Stilwell.
Rep. HALLMAN withdrew Ben A. Hagood, Jr., as a candidate.
Rep. P. HARRIS nominated the Honorable Tom J. Ervin as follows:
"Mr. President, Mr. Speaker, Members of the House and Senate, Ladies and Gentlemen... I rise today to place in nomination the name of Tom Ervin for Seat 3 of the Court of Appeals. Judge Ervin has dedicated his life to public service. Beginning in 1978, just a year out of law school, he became the Town Attorney for the Town of Honea Path. He served his community in this position until 1979 when he became an Assistant Solicitor for Anderson County. He was then sent by the people of Anderson County to represent them in this House from 1980 until 1984. While serving in the House, he was a member of the Judiciary Committee, the Crime Study Committee, the State Reorganization Commission, and the Children's Coordinating Cabinet. In 1984 he began a year's service to this State as a South Carolina Worker's Compensation Commissioner. Then, in 1985 he was elected to his current position as Resident Circuit Judge for the Tenth Judicial Circuit. I would like to note here that Judge Ervin was the youngest person ever elected to the trial bench. However, his service to his community has not been limited to his work in government. He is an active member of his community as a Charter Member of the Honea Path Civitan Club, member of the Junior Chamber of Commerce, and member of the Anderson County Arts Council. He has also worked for his community in Habitat for Humanity, Crisis Ministries, and as a member and Past Chairman of the Administrative Board of Trinity United Methodist Church in Honea Path. Judge Ervin has also been an active member of the South Carolina Bar. He is the Past President of the Anderson County Young Lawyers Association. And he currently serves as a member of the Judicial Administration Division of the American Bar Association. He is also the author of Ervin's South Carolina Requests to Charge - Civil and Criminal Law. Judge Ervin has donated all of his royalties for this book to the South Carolina Bar. The South Carolina Bar, Judicial Qualifications Committee, reports that it is the collective opinion that the Honorable Tom Ervin is qualified to the position of Seat 3 of the Court of Appeals. The Bar goes on to cite his ten years service as a Circuit Court Judge. He is respected by an overwhelming majority of the members of the Bar contacted for his legal skills, legal writing ability, impartiality, judicial temperament, promptness and industry in his work as a Circuit Judge. He was also found legally qualified by the Joint Committee on Judicial Screening. The input the Joint Committee received from its own survey and the report of the Bar was that Judge Ervin's character, integrity, and reputation are outstanding. The joint committee found that Judge Ervin has complied with all continuing judicial education requirements and has lectured at five continuing legal education programs. In addition to his books, which I mentioned earlier, he has also published an article, `What Does `Beyond a Reasonable Doubt' Really Mean?' in the South Carolina Lawyer. The Joint Committee also found his judicial temperament to be outstanding. Finally, I would like to tell you that his educational background which prepared him for the aforementioned accomplishments is that of a Cum Laude graduate of Erskine College. He received his law degree from the University of South Carolina. There is so much more I would like to tell you about Tom Ervin, but time will not allow. So, I will close by asking you to vote for Judge Ervin to fill Seat 3 of the Appeals Court. I assure you, he will serve this State well. Thank you."
Rep. TUCKER seconded the nomination.
Rep. THOMAS nominated the Honorable Kaye G. Hearn as follows:
"Mr. President, Mr. Speaker, members of the Judiciary, Senate and House members... I have come to express my respect, appreciation and faith in an outstanding individual, an outstanding Family Court Judge and Lord willing, an outstanding Appellate Court Judge. Kaye Hearn was born in Ohio and grew up in Warren, Pennsylvania. She studied ballet and drama and nearly went to New York after high school to pursue a career in the arts. At the urging of her parents, she instead went to Bethany College, in West Virginia where she was the recipient of numerous awards and honors, including the Chapman prize in history, leadership honorary, and the Vira Heinz Traveling Fellowship which was awarded to Junior women based upon scholarship, leadership and conduct. Her interest and activities were not limited simply to academics as she also served as President of her sorority and Captain of the cheerleading squad. She graduated magna cum laude from Bethany College with a B.A. in history and political science. She attended the University of South Carolina School of Law, where she was active on the International Law Moot Court Team, which won the regional competition and advanced to the semi-final round in national competition. She was a legal writing instructor her senior year and was research assistant to then Professor Randall Bell. She was honored for her scholastic abilities with the Coleman Karesh Scholarship and American Jurisprudence Award in the area of Conflict of Laws, and the Wig and Robe Scholastic Honorary Society. In 1977, Kaye Hearn graduated fifth in her class, cum laude, with her juris doctorate from the USC School of Law. She then embarked on what she describes as a turning point in her career, when she became a law clerk for the Honorable J.B. `Bubba' Ness, then Associate Justice of the South Carolina Supreme Court. It was while working with Justice Ness that Kaye Hearn developed the goal to one day become a judge. The two years she spent working with Justice Ness grounded Kaye Hearn with an admiration and respect for the important role our justice system plays in the life of all of the citizens of South Carolina. In 1979, Kaye began practicing with a firm in Loris. It was during this time that she married George M. Hearn, Jr., of Rock Hill, and they practiced law together in the law firm of Stevens, Stevens, Thomas, Hearn and Hearn. Her work with the firm involved general civic trial litigation and an active appellate practice which included domestic matters, civil cases and criminal convictions. During this time, she also became a member of the South Carolina Board of Bar Examiners, testing law school graduates on family law, equity, wills and trusts. Because of her knowledged expertise in appellate matters, she was called upon to contribute to the `Appellate Advocacy Handbook' published by the South Carolina Bar in 1985 joining such notable legal scholars as Randall Bell, Alex Sanders, and Bubba Ness. In 1986, this great branch of the government saw fit to elect Kaye Hearn as Family Court judge for the Fifteenth Judicial Circuit. True to form, Kaye entered this new challenge with enthusiasm and hard work. She continued to lecture at numerous continuing legal educational and judicial continuing legal education programs. She implemented a program in Horry and Georgetown counties to educate parents on the effects of divorce on children and a program to provide assistance during the court process to abused spouses. She has served on the bench for the past nine years and is the Chief Administrative Judge over Family Court in Georgetown and Horry Counties. She was the third female Family Court Judge in South Carolina and has served as State President of the Family Court Judges. She also was the first woman to hold Circuit Court jury and nonjury trials in South Carolina serving on numerous occasions upon appointment of the Chief Justice. She remains an active member of St. Paul's Episcopal Church, having served as Choir Director, President of the Women of the Church, and Senior Warden. All this, while continuing in her beloved role was wife and mother of her daughter Kathleen, born Aug. 9, 1988. It has been said that a man is judged by the company he keeps. A person is also judged by the company that keeps him... or her. But the best judgement of all if the judgement of one's peers. In response to the questionnaires sent out by the South Carolina Bar, Judge Hearn was rated as one of the top Family Court Judges in the State. Over 70 percent of the lawyers surveyed, gave her a top score of excellence in legal knowledge and ability. She also received a clear majority of excellent marks for her judicial temperament and courtesy to litigants. The Bar's qualification committee report says that `she is well liked and respected by lawyers who appear before her, she is intelligent, a student of the law, able to quickly focus on relevant issues in cases coming before her and make prompt rulings on evidentiary and discovery matters, she is fair in her rulings and enforcement of the Court rules, and not influenced by the identity of parties and their attorneys, and she is courteous to litigants and attorneys and has an excellent judicial temperament.' She also has been described as a `no nonsense judge who is strict and compassionate, tough but fair.' Judge Hearn has the judicial experience, the analytical ability, the legal knowledge and the work ethic to be an outstanding Appellate Court Judge. These characteristics, along with her uncompromising belief in our judicial system, make her the right choice for this high position. I ask you today to also be uncompromising and to support Kaye G. Hearn for the Court of Appeals. Al Jolson, the greatest performer of his time used to say to the audience when they cheered him, `You ain't seen nothin' yet.' The grammar may leave something to be desired, but the message is crystal clear and I believe it furnishes a fitting theme for the career of Kaye Hearn. With each new challenge, Kaye has risen to the occasion, doing not only what was required, but exceeding all expectations by doing so much more. Placing the mantle of responsibility on Kaye Hearn simply inspires her to meet the challenge and seek further opportunities to serve. With the judicial system stressed, and changes being made by this Body which may further impact the judicial branch of our government, new challenges loom before us today. Our selection of judges who will serve South Carolina is more important now than ever before. Kaye Hearn has proven she can meet the challenge. Hopefully, all of you know by now that I am a person who will stand up and fight for what I believe in with respect to what is right for the citizens of South Carolina. I stand before you now doing just that. Kaye Hearn is the person best suited to be elected as our next Appellate Court Judge. It is my great privilege to nominate Kaye Hearn for Court of Appeals #3. Thank you."
Reps. RHOAD, SIMRILL, HARVIN, KEEGAN and KELLEY seconded the nomination.
Rep. WILKINS nominated the Honorable H. Samuel Stilwell as follows:
"Mr. President, ladies and gentlemen of the Joint Assembly... It is my distinct privilege and honor today to nominate Sam Stilwell for Seat 3 on the Court of Appeals. I am very proud to be standing before you to nominate to the second highest court in this State someone for whom I have so much respect. Sam Stilwell is a known quantity. I've known him and worked with him for many years. You know him and have worked with him. So we know what we're getting and we know the quality of the person and the type of person that he is. Mr. Stilwell is a native South Carolinian. He was educated in the public schools in South Carolina. He graduated from the University of South Carolina and then attended USC Law School where he graduated first in his class. He held all the honors in law school. Suffice it to say, his law school career was outstanding. After law school, Mr. Stilwell served in Washington as Legislative Assistant to Senator Strom Thurmond before returning to Greenville in 1967. Mr. Stilwell has been very active in the Greenville community and in his church. He and his wife, Robin, have 4 children, one of whom, Allison, works for me. And if his other 3 children are anything like Allison, Sam and Robin get an A+ for the job they have done in raising children. Mr. Stilwell has been practicing law either as a sole practitioner or with a small firm in Greenville for the past 27 years. He has maintained a general practice with emphasis in family law, civil litigation and criminal law. He's appeared in Federal Court and State Court, Criminal Court, Civil Court, Probate Court, Family Court and Magistrate's Court, the South Carolina Court of Appeals and the South Carolina Supreme Court. He's has been involved in jury trials, non-jury trials, civil cases, criminal cases, wreck cases, family court cases and appeals. You name it, he's done it. And when you are a general practitioner, especially when you are with a small firm or by yourself, you don't have the luxury of having some specialty where you do the same thing day in and day out. Instead, you are required to acquire vast legal experience on a vast spectrum of subjects and in different courts. And that's exactly what Sam Stilwell has done for the past 27 years. The Joint Screening Committee found Mr. Stilwell to have handled sophisticated legal matters and to have experience he would need for service on the Court of Appeals. His vast experience will serve him well on this court. Mr. Stilwell as an attorney not only knows the law but he has helped shape the law for the past 8 years while serving in the South Carolina Senate. The Screening Panel noted Mr. Stilwell's willingness while in the Senate to lend his experience and leadership to very complex legal matters including the 1991 Ethics Act and Government Restructuring Act. I served on the Ethics Conference Committee with Mr. Stilwell and I can tell you - he brought to that panel a willingness to work, an understanding of a very complex issue and moderation in a time when moderation was needed. When tempers flared, Sam Stilwell always provided a steady hand. The Sam Stilwell I know and I nominate for the Court of Appeals today has a wide range of legal and legislative experience. We've heard so much lately about qualifications and who's the most qualified. In fact, this year the Joint Screening Committee for the first time asked all candidates questions about practice and procedure to insure that they were conversant in basic principles that judges encounter on the bench every day. They were graded for their response. Of all the candidates for Seat 3 of the Court of Appeals, Mr. Stilwell scored higher than any of the other candidates for his knowledge of the law. You talk about qualified, Sam Stilwell is imminently qualified. But beyond that, it's the quality of the person that makes him such an outstanding candidate for the Court of Appeals. I have seen him time and time again exhibit moral integrity and strong character. He is impeccably honest and fair. He will bring a degree of humility and common sense to the bench that is sometimes sorely needed. He has that good 'ole common sense and that ability to figure out what's right and what's fair in any given situation. I've known Sam Stilwell for many years. I've worked with him on many issues. I know this about him - he's smart. He's intelligent. He's not overbearing and he's willing to listen. One of the most important characteristics to look for in a judicial candidate is temperament. It's called judicial temperament. It's about having compassion, about being fair, about being even-handed and steady. Sam Stilwell possesses a judicial temperament that we all want in our judges. The Joint Committee and the Bar Committee found that Sam Stilwell's judicial temperament was outstanding. So it's a pleasure to stand before you to nominate a candidate who is so well qualified and whose knowledge of the law is unquestioned. No one can challenge Sam Stilwell's qualifications to be a judge on the Court of Appeals. His legal career, his legislative career, his commitment to his community and to his family have all qualified him to be placed on this court. It is with a great deal of pride that I nominate Sam Stilwell for Seat 3 of the Court of Appeals. Thank you."
Rep. HARVIN seconded the nomination.
On motion of Rep. RHOAD, 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. Ervin:
Alexander Drummond Waldrep
The following named Senators voted for Ms. Hearn:
Elliott Glover Hayes Leventis Rankin Smith, G.
The following named Senators voted for Mr. Stilwell:
Bryan Cork Courtney Ford Giese Gregory Holland Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Reese Russell Ryberg Saleeby Setzler Short Smith, J.V. Thomas Washington Williams Wilson
On motion of Rep. WILKINS, the members of the House voted by electric roll call.
The following named Representatives voted for Mr. Ervin:
Byrd Cain Carnell Chamblee Cooper Harris, P. Keyserling Kirsh Klauber Limbaugh Lloyd Marchbanks Mason McAbee McTeer Phillips Rogers Sandifer Seithel Sheheen Stille Townsend Tucker Waldrop Whipper, L. White Williams
The following named Representatives voted for Ms. Hearn:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Canty Cave Clyburn Cotty Cromer Delleney Elliott Felder Gamble Govan Harris, J. Harrison Hines Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Knotts Koon Martin McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Rhoad Scott Shissias Simrill Spearman Stuart Thomas Vaughn Whatley Whipper, S. Wilkes Witherspoon Worley Wright Young, J.
The following named Representatives voted for Mr. Stilwell:
Allison Anderson Brown, H. Cato Cobb-Hunter Dantzler Easterday Fair Fleming Fulmer Harrell Harvin Haskins Herdklotz Huff Hutson Lanford Law Limehouse Littlejohn McMahand Quinn Rice Richardson Riser Robinson Sharpe Smith, D. Smith, R. Stoddard Tripp Trotter Walker Wells Wilder Wilkins Wofford Young, A.
Total number of Senators voting 40
Total number of Representatives voting 120
Grand Total 160
Necessary to a choice 81
Of which Mr. Ervin received 30
Of which Ms. Hearn received 61
Of which Mr. Stilwell received 69
Whereupon, the President announced that none of the candidates, having received the necessary vote, the Joint Assembly would proceed to the next ballot.
Rep. TOWNSEND withdrew Judge Tom Ervin as a candidate.
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 Ms. Hearn:
Elliott Ford Glover Hayes Leventis Rankin Smith, G.
The following named Senators voted for Mr. Stilwell:
Alexander Bryan Cork Courtney Drummond Giese Gregory Holland Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Reese Russell Ryberg Saleeby Setzler Short Smith, J.V. Thomas Waldrep Washington Williams Wilson
On motion of Rep. WILKINS, the members of the House voted by electric roll call.
The following names Representatives voted for Ms. Hearn:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cotty Cromer Dantzler Delleney Elliott Gamble Govan Harris, J. Harris, P. Harrison Hines Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Limbaugh Marchbanks Martin Mason McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Riser Rogers Scott Sheheen Shissias Simrill Spearman Stille Stuart Thomas Townsend Tucker Vaughn Whatley Whipper, L. Whipper, S. White Wilder Wilkes Witherspoon Wofford Worley Wright Young, J.
The following named Representatives voted for Mr. Stilwell:
Allison Anderson Brown, H. Cain Cato Chamblee Cobb-Hunter Cooper Easterday Fair Felder Fleming Harvin Haskins Herdklotz Huff Hutson Lanford Law Limehouse Littlejohn Lloyd McMahand Quinn Rice Richardson Robinson Sandifer Sharpe Smith, D. Smith, R. Stoddard Trotter Waldrop Walker Wells Wilkins Williams Young, A.
Total number of Senators voting 40
Total number of Representatives voting 116
Grand Total 156
Necessary to a choice 79
Of which Ms. Hearn received 84
Of which Mr. Stilwell received 72
Whereupon, the President announced that Ms. Kay G. Hearn having received a majority of the votes cast, was duly elected for the term prescribed by law.
Due to mechanical problems with voting machine, my vote was incorrectly recorded as N.V. when it should have been recorded a Yes vote for Stilwell (on second Ballot).
Rep. DAN L. TRIPP
The President announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit.
Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: the Honorable J. Ernest Kinard, Jr.
On motion of Senator McConnell, 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 the Honorable J. Ernest Kinard, Jr., was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Seventh Judicial Circuit.
Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: the Honorable J. Derham Cole.
On motion of Senator McConnell, 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 the Honorable J. Derham Cole, was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit.
Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Ms. Amie Lois Clifford, Dale L. DuTremble and the Honorable Daniel E. Martin, Sr.
Senator McConnell announced that Amie Lois Clifford, had withdrawn her name as a candidate.
Senator Passailaigue nominated Daniel E. Martin, Sr. as follows:
"Thank you Mr. President, ladies and gentlemen, my fellow colleagues... You know I don't normally do this, in fact, the senator from Williamsburg usually does all of the counting around here, so he can probably tell you the handicap on all of the races. But, just let me rise right now and make a few remarks about my friend, Danny Martin, and about the South Carolina Judiciary. Because what is intriguing to me as a nonlawyer is the fact that we have so many fine men and women that serve this State in the judiciary. I complement them, not only in terms of the people who serve now, but the people who have offered for service. So many people who offer and did not make it, but they are just fine people. I find these races very difficult. What is the mark of a man? Mark of a man is honesty, integrity and if you are looking for somebody who has those qualifications, it is my friend, Danny Martin. Danny was born in Bluffton, one of 11 children. He attended Allen University and South Carolina State College where he got his law degree. He also taught high school and he is a people person. He worked with the neighborhood legal assistance program. He has practiced law and he is married, has two fine children, one serves as a magistrate in Charleston County. He is an outstanding church member, working with a large congregation in Emanual A.M.E. Church. He is a tireless worker. Let me tell you something else about Danny Martin. As some of you may not know, back when I first ran for office, back in 1988, I had a very difficult primary and I was running against an outstanding individual, an African-American, in the primary in Charleston County. There were three members of the delegation that stood up for me. They were Senator Washington, Senator Fielding and Representative Martin. I never forgot that because that speaks volumes about somebody's character, honesty and integrity. What are you looking for in somebody to serve on the bench of this State? Are you looking for somebody who is perfect? I submit to you that there is no such perfect, but if you are looking for somebody that has impeccable character, who is honest and hard working, who is independent, who is trust worthy, who is a consensus builder and who always listens and wants to go the extra mile with people, then you couldn't find a better person than Judge Martin. In making a nomination speech, I always like to think that I am speaking for somebody and not against somebody else because there are other fine people in this race, but I can tell you that I am proud to call Danny Martin my friend and I think that when you reflect back on his career, his long distinguished career, in politics and on the bench, you couldn't find or have a better choice than my friend, Danny Martin. Thank you."
Reps. J. BROWN, INABINETT and HARVIN seconded the nomination.
Rep. HARRELL nominated Dale L. DuTremble as follows:
"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly... It is my honor to rise before you to nominate Dale DuTremble for the Ninth Circuit judgeship. I've read the screening report cover to cover. I know most of you have, too. One fact jumps out at you more than any other in this report and that is that there is one race today where one person is clearly much more qualified to be a judge that the other candidate. This is that race. A lot of people in this Chamber have talked in the past, the recent past, about how qualifications matter to them. About how voting for someone who has been found not qualified would be the wrong thing to do and how they would never do that. Now, today, we get to see if qualifications really matter. Because today, we have a very clear choice between someone the Bar says is qualified and someone it says it not qualified. Between someone who our own screening committee gave a 1.0 on a 1-4 scale, not a 0-4 scale, but a 1-4 scale and someone they gave a 2.86. Between someone who has his own solicitor come up here and testify against him, and someone who had a former United States Attorney up here working hard on his behalf. Ladies and gentlemen, there is no question, if you have ever said that qualifications matter to you, then now is the time. I want to tell you a little bit about Dale DuTremble. Dale is a United States Marine Corp Veteran. He served two tours in Vietnam and was decorated for his service there. After the war, he came back home and went to college and law school here at the University of South Carolina. Since law school, he has worked in the Public Defender's Office, Solicitor's Office, and the U.S. Attorney's Office. He has served as a legal instructor at the S.C. Criminal Justice Academy. Currently, he is in private practice. Our screening committee found that Dale DuTremble `has extensive experience with the type of issues he would encounter as a Circuit Court Judge.' They determined that he has `extensive criminal experience and experience with complex civil litigation.' His Martindale-Hubbell rating is AV, the highest possible rating. From reading the report, it is obvious who they believe to be the most qualified person for this position. The entire State of South Carolina is watching today to see if we elect the most qualified person we can to this judgeship or if we will ignore all of the information, and there's a lot, we have about both of these candidates. If you have ever said that qualifications matter to you, then you clearly must vote for Dale DuTremble. He is an excellent family man, an decorated war veteran, a hardworking successful attorney, and he will make an outstanding judge. Mr. President, it is now my honor to place Dale DuTremble into nomination for Judge of the Ninth Judicial Circuit."
Reps. HALLMAN, FULMER, WHATLEY and SEITHEL seconded the nomination.
On motion of Senator McConnell, 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. DuTremble:
Alexander Cork Courson Drummond Giese Gregory Hayes Martin McConnell Mescher Peeler Russell Ryberg Setzler Thomas Williams Wilson
The following named Senators voted for Judge Martin:
Bryan Courtney Elliott Ford Glover Jackson Land Lander Leatherman Leventis Matthews McGill Moore Passailaigue Patterson Rankin Reese Saleeby Short Smith, G. Smith, J.V. Waldrep Washington
On motion of Rep. WILKINS, the members of the House voted by electric roll call.
The following named Representatives voted for Mr. DuTremble:
Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Shissias Simrill Stuart Tripp Trotter Tucker Vaughn Walker Whatley Wilkins Wofford Young, A. Young, J.
The following named Representatives voted for Judge Martin:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Delleney Elliott Fair Felder Govan Harris, P. Hines Howard Huff Inabinett Jennings Kelley Kennedy Kinon Lloyd Martin McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Scott Sharpe Sheheen Smith, R. Spearman Stille Stoddard Townsend Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon Worley
Total number of Senators voting 40
Total number of Representatives voting 106
Grand Total 146
Necessary to a choice 74
Of which Mr. DuTremble received 66
Of which Judge Martin received 80
Whereupon, the President announced that the Honorable Daniel E. Martin, Sr., having received a majority of the votes cast, was duly elected for the term prescribed by law.
I would like for the record to reflect my vote for Danny Martin. The electronic voting machine did not record my vote.
Rep. DONALD W. BEATTY
Please let the record of the Joint Assembly reflect that I abstained from voting in the election of a judge of the Administrative Law Judge Division and the elections for Circuit Judges from the Ninth and Twelfth Judicial Circuits.
Rep. JOSEPH T. McELVEEN, JR.
The President announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit.
Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: the Honorable Tom J. Ervin and the Honorable H. Dean Hall.
Rep. TUCKER withdrew H. Dean Hall as a candidate.
On motion of Senator McConnell, 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 the Honorable Tom J. Ervin was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Twelfth Judicial Circuit.
Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: the Honorable James E. Brogdon, Jr. and the Honorable B. Hicks Harwell.
Senator McConnell announced that James E. Brogdon, Jr., had withdrawn his name as a candidate.
Senator McConnell moved that nominations be closed, and with unanimous consent, the vote be taken by acclamation, resulting in the election of the nominee.
Senator Courson requested to be recorded as voting no and objecting to the nominee being elected by acclamation.
Senator Thomas also requested to be recorded as voting no.
Whereupon, the President announced that the Honorable B. Hicks Harwell, was duly elected for the term prescribed by law.
Please let the record of the Joint Assembly reflect that I abstained from voting in the election of a judge of the Administrative Law Judge Division and the elections for Circuit Judges from the Ninth and Twelfth Judicial Circuits.
Rep. JOSEPH T. McELVEEN, JR.
I abstained from voting in the 12th Circuit Court Race. It has been and remains my policy not to vote for sitting members of the General Assembly.
Rep. JAMES L.M. CROMER, JR.
The President announced that nominations were in order for an Administrative Law Judge, Seat 3.
Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Alison R. Lee.
On motion of Senator McConnell, 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 the Honorable Alison R. Lee, was duly elected for the term prescribed by law.
Please let the record of the Joint Assembly reflect that I abstained from voting in the election of a judge of the Administrative Law Judge Division and the elections for Circuit Judges from the Ninth and Twelfth Judicial Circuits.
Rep. JOSEPH T. McELVEEN, JR.
The President announced that nominations were in order for an Administrative Law Judge, Seat 5.
Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Mr. Ray Stevens and V. Lynn Wiggins.
Senator Wilson nominated Ms. V. Lynn Wiggins as follows:
"Mr. President, Mr. Speaker Pro Tempore, fellow members of the General Assembly... I am proud to introduce to you Lynn Wiggins as a candidate for Administrative Law Judge. As you will recall, Lynn conducted an energetic and spirited campaign last year but withdrew in favor of now Administrative Law Judge John Geathers. Lynn is running for the seat which has been vacated by former Judge Karen Canes. Most of you know Lynn, but I want to review some of her accomplishments that qualify her to fill the Karen Canes seat. Lynn is now 43 years old. She is from Columbia and is the daughter of Bill and Laura Wiggins. She is married to attorney Don Jonas. Lynn's mother, Miss Laura, who you will remember fondly, was the Assistant Clerk of the Senate for 26 years. Lynn graduated from Dentsville High School in 1969 and earned a legal secretarial degree at Midlands Technical College in 1971. She worked as a legal professional secretary for more than 15 years and then returned to college to complete her bachelor's degree. Lynn worked here way through college, supporting herself and working for some of the most important law firms in the midlands area including Berry, Lightsey, Gibbs, Bowers, Anders and Rentz and the very prestigious Lourie law firm. Lynn began law school in 1984 and continued to work to support herself as a legal secretary and clerk until her graduation in December of 1986. While in law school, she also was the managing editor of the Journal of Law and Education for two years and earned the highest grade in her class in constitutional law for which she was presented the American Jurisprudence Award. Following law school, Lynn has worked full time in a general practice law firm handling a variety of litigation cases including family court, probate, social security, workers' compensation and complex class action cases. Lynn recalls that her most satisfying work as a lawyer has been acting as a guardian for children. Lynn has also been active teaching law to paralegals at both Midlands Technical College and Columbia Junior College. She has taught a total of eight semesters. She has also been recognized as a distinguished Midlands Technical Alumni and is listed in Sterling's list of Who's Who. In 1994, she was also appointed as a hearing officer at the South Carolina Department of Consumer Affairs. Lynn has earned everything in her life through hard work. She has successfully raised a family of three step children, the oldest is on active duty in the Marine Corp, and the youngest, Stacy, is now nearly 16 years old. She has maintained a full time 50 hour per week practice prior to beginning her campaign and being with us this whole year. During the 22 years, Lynn has worked in the legal profession. She has successfully dealt with hundreds of lawyers and helped approximately 1500 clients. Lynn's contributions to the ALJ division would be to bring a broad range of practical experience, work ethic, sense of humor and tough plight administrative skills to bear. She is intellectually, physically and emotionally well qualified. She urges each of you to consider her based on her accumulative experience, her general reputation your own impression and judgement of her. I am honored to now place in nomination for the position of Administrative Law Judge, the name of V. Lynn Wiggins of Columbia."
Rep. WRIGHT nominated Mr. Ray Stevens as follows:
"Thank you Mr. President, ladies and gentlemen of the Joint Assembly... It is my privilege today to place in nomination the name of Ray N. Stevens for the position of Administrative Law Judge, Seat No. 5. A lot of you have met Ray, over the past couple of years, and have gotten to know him. He has prepared himself extremely well to assume the duties he now seeks. He received an undergraduate degree from the University of South Carolina and received a Bachelor's of Science Degree in Accounting. Ray finished in the top 5 percent of his graduating class and ranked 14th among all graduates of the business school. In addition, Ray obtained a Masters in Business Administration Degree from the University of South Carolina and earned this degree while working full time. In 1977, Ray earned his Law Degree from the University of South Carolina and began the private practice of law in Chattanooga, Tennessee. The firm with which Ray was associated was a 25 member law firm concentrating in business and corporate law with an emphasis in taxation. Ray successfully represented clients before the Internal Revenue Service, the Securities and Exchange Commission, and numerous state and local taxing authorities. In his practice, he prepared defenses for clients with issues as varied as criminal charges for federal income tax evasion, allegations of securities violations, and even such exotic and exciting challenges as defending deductions claimed by coal mine operators for depletion allowances. Ray gave up a lucrative and promising career in Tennessee in order to return to his home state of South Carolina. Upon leaving the Tennessee law firm, Ray's work ethic and dedication to quality performance had earned him the distinction of having `legitimately' billed more annual hours than any new attorney in the history of the firm. A desire to return to South Carolina, however, lead Ray and his family back home. After obtaining a Masters in Tax Law from the Law School of the College of William and Mary, Ray chose to practice law in the public sector and began as a staff attorney with the S. C. Attorney General's office in 1980. While Ray began as an entry level staff attorney in 1980, by January of 1984, Ray's abilities and dedication to excellence had caused him to advance to the position of Assistant Director of the Tax Division, of the Attorney General's office. In that position, Ray assumed even greater responsibility for many of the more challenging issues arising from defending the tax laws enacted by the General Assembly. As a part of those increased duties, in 1985 Ray successfully argued to the United States Supreme Court that the Federal Government could not mandate, to either the General Assembly or South Carolina's state courts, that the State adopt a federally imposed method for challenging state taxing statutes. The position established by Ray in his defense of South Carolina's laws has been adopted by numerous states in similar litigation. Ray's dedication and outstanding performance has continued to serve this State well. In July of 1992, Ray was named by the Attorney General as a Chief Deputy Attorney General and was designated the Director of the Attorney General's Tax Division. In that capacity Ray has directed the extensive litigation and advisory functions of a staff of six attorneys along with a corresponding paralegal and clerical support staff. While Ray's work defending statutes enacted by the General Assembly has primarily benefitted South Carolina, his expertise and reputation has extended beyond the borders of this State. He has written several articles on state taxation and state litigation for national publications and he has spoken at several national tax forums. His clear writing style has been recognized by the national publication State Tax Notes when that publication chose to reproduce in its entirety one of the briefs Ray recently submitted to the United States Supreme Court. His expertise as a litigator and speaker have been recognized by his serving as a founding member of the advisory board to Vanderbilt University's Paul J. Hartman, National Tax Forum. While Ray has certainly distinguished himself in the academic and professional world, he is equally at home with the day to day events of ordinary South Carolinians for at heart that is exactly what he is. He is the father of three children and the husband of one wife. He knows both the joys and the agony of serving as Vice President and then President of an elementary school PTO. He recognizes the responsibility and the duty to give time to his community with range of activities from coaching boys soccer to serving as an officer in a neighborhood civic association. He is an active participant in his church. He teaches an adult Sunday School Class and on Friday nights serves the needs of elderly residents at a local retirement home here in Columbia. It is for all of these reasons and more, that it is my privilege and pleasure to submit into nomination the name of Ray N. Stevens for the position of Administrative Law Judge, Seat #5. Thank you."
On motion of Senator McConnell, 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. Stevens:
Alexander Bryan Cork Courson Drummond Giese Glover Gregory Hayes Jackson Land Lander Leventis Martin Matthews McConnell McGill Mescher Moore Patterson Richter Russell Saleeby Short Smith, G. Thomas Waldrep Washington
The following named Senators voted for Ms. Wiggins:
Courtney Peeler Reese Wilson
The following named Senator abstained from voting:
Passailaigue
On motion of Rep. WILKINS, the members of the House voted by electric roll call.
The following named Representatives voted for Mr. Stevens:
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Canty Cato Clyburn Cobb-Hunter Cooper Easterday Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Herdklotz Hines Howard Inabinett Jennings Keegan Keyserling Kirsh Lanford Limbaugh Limehouse Littlejohn Lloyd Mason McCraw McKay McMahand McTeer Meacham Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Scott Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
The following named Representatives voted for Ms. Wiggins:
Brown, G. Carnell Cave Chamblee Cotty Cromer Dantzler Elliott Harvin Hutson Kelley Knotts Koon Law McAbee Moody-Lawrence Sandifer Shissias Stille
Total number of Senators voting 32
Total number of Representatives voting 104
Grand Total 136
Necessary to a choice 69
Of which Mr. Stevens received 113
Of which Ms. Wiggins received 23
Whereupon, the President announced that Mr. Ray Stevens, having received a majority of the votes cast, was duly elected for the term prescribed by law.
Please let the record of the Joint Assembly reflect that I abstained from voting in the election of a judge of the Administrative Law Judge Division and the elections for Circuit Judges from the Ninth and Twelfth Judicial Circuits.
Rep. JOSEPH T. McELVEEN, JR.
Rep. COOPER, on behalf of the Legislative Audit Council Nominating Committee, nominated Mr. Philip F. Laughridge of Columbia, Mr. Richard S. Beltram of Spartanburg, Mr. Julian B. Wright of Bennettsville, Mr. Harry C. Wilson, Jr. of Sumter and Mr. Bennette Cornwall of Greenville.
Senator Bryan addressed remarks to the Joint Assembly.
Senator Leventis moved that the election be carried over.
Rep. COOPER moved to table the motion to carry over.
Senator Bryan moved that the Joint Assembly stand adjourned.
The Joint Assembly refused to adjourn.
Senator Moore was recognized and pointed out that the result of the voice vote was obvious to the contrary, and, asked unanimous consent to make a motion for a division vote.
There was no objection.
The President called for a division.
Rep. QUINN moved for a roll call vote.
Senator Moore raised a Point of Order that the motion for a roll call vote was out of order inasmuch as the division had been ordered and the Clerks were in the process of taking the vote.
The President sustained the Point of Order.
Rep. QUINN raised a Point of Order that the motion requesting a division was out of order inasmuch as the President had announced the results of the voice vote on adjournment.
The President stated that the division vote was a unanimous consent request and that there was no objection.
So, the motion to adjourn was agreed to by a division vote of 68 to 56.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Subject: Election of Administrative Law Judge
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Subject: Administrative Law Judge Election
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES H. HARRISON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Subject: Administrative Law Judge Election
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Subject: Administrative Law Judge Election
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. THOMAS E. HUFF
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Subject: Election of Administrative Law Judge
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES S. KLAUBER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Subject: Administrative Law Judge Election
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client this particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Subject: Administrative Law Judge Election
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Subject: Administrative Law Judge Election
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
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 2:50 P.M. the House resumed, the SPEAKER in the Chair.
Rep. RICHARDSON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3804 -- Reps. Tucker and Tripp: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DONALD GUY LEE OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3805 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE WILLISTON-ELKO BLUE DEVILS BOYS BASKETBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.
At 2:55 P.M. the House in accordance with the motion of Rep. FELDER adjourned in memory of Dorothy Parker of Denmark, to meet at 10:00 A.M. tomorrow.
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