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:
We stand in Your holy presences amazed, O Lord, and wonder how You could love us so much. We feel unworthy of Your blessings, and surely we are. But You love us in spite of our warts and wrinkles. When we would hide, You seek us out; when we are afraid of You, You embrace us for You see us not as we are, but always as what we are capable of becoming. May that unceasing and forgiving love draw us ever closer to You, and so serve You and each other in a way as becomes grateful sons and daughters of the Heavenly Father.
Give us the continual assurance of the Psalmist when he wrote: "The Lord is nigh unto all them that call upon Him, to all that call upon Him in truth" (Psalm 145:18). 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.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Thomas H. Pope, III, Chairman
Judicial Screening Committee
DATE: March 12, 1992
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Senator Thomas H. Pope, III, Chmn.
/s/Rep. Larry E. Gentry, Vice-Chmn.
/s/Senator John A. Martin
/s/Senator Isadore E. Lourie
/s/Senator Glenn F. McConnell
/s/Rep. B. L. Hendricks, Jr.
/s/Rep. James H. Hodges
/s/Rep. Maggie W. Glover
Pursuant to Act No. 119, 1975 S.C. Acts 122, this Committee met to consider the qualifications of the candidates seeking election to the positions of Associate Justice of the South Carolina Supreme Court, Judge of the First Judicial Circuit, Judge of the Fourth Judicial Circuit, and Judge of the Sixth Judicial Circuit.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Instead, it is the Committee's role to determine whether a candidate is qualified to sit as a Judge. Under the statute, the Committee's determination in regard to each candidate is not binding on the members of the General Assembly.
Having completed the investigation as required by the Act, the Committee by this Report respectfully submits its Findings to the members of the General Assembly for their consideration.
The Report consists of the Transcript of the Proceedings before the Screening Committee, held in the third floor Conference Room of the State House on March 12, 1992, and the portions of the documents submitted by the candidates which were made part of the public record.
Each candidate's file includes an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference, including one from the candidate's banker, and the report of a background investigation by SLED. These documents may be viewed in the office of the Judicial Screening Committee in Room 211 of the Gressette Building until the date and time of the election.
The candidates were present at the screening and testified under oath.
(EXECUTIVE SESSION; 9:30 A.M. TO 9:45 A.M.)
CHAIRMAN POPE: I'M GOING TO CALL THE COMMITTEE TO ORDER. THIS SCREENING COMMITTEE IS PURSUANT TO ACT 119 OF 1975 REQUIRING THE REVIEW OF CANDIDATES FOR JUDICIAL OFFICE. THE FUNCTION OF THE COMMITTEE IS NOT TO CHOOSE BETWEEN CANDIDATES BUT, RATHER, TO DECLARE WHETHER OR NOT THE CANDIDATES WHO OFFER FOR POSITIONS ON THE BENCH ARE, IN OUR JUDGMENT, QUALIFIED TO FILL THE POSITIONS.
THE INQUIRY WHICH WE UNDERTAKE IS A THOROUGH ONE. IT INVOLVES A COMPLETE PERSONAL AND PROFESSIONAL BACKGROUND CHECK ON EVERY CANDIDATE. THE CANDIDATE IS INVESTIGATED BY SLED, INCLUDING COURTROOM RECORDS.
A STATEMENT OF ECONOMIC INTERESTS IS REQUIRED. WE RECEIVE A CREDIT REPORT. WE RECEIVE REPORTS FROM THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE WITH RESPECT TO ATTORNEYS AND JUDGES WHO ARE OFFERING, AND FROM THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS WITH RESPECT TO SITTING JUDGES.
THE CANDIDATE'S PERSONAL DATA QUESTIONNAIRE DETAILS THE PERSONAL HISTORY, HEALTH, AND PROFESSIONAL EXPERIENCE, AND CONTAINS FIVE LETTERS OF REFERENCE.
TODAY, WE ARE EXAMINING CANDIDATES FOR THE TERM EXPIRATIONS IN THE SUPREME COURT, FIRST JUDICIAL CIRCUIT, FOURTH JUDICIAL CIRCUIT, AND SIXTH JUDICIAL CIRCUIT. AND CONSISTENT WITH OUR POLICY, WE WILL START WITH THE SUPREME COURT.
JUSTICE CHANDLER, IF YOU WOULD, COME FORWARD, PLEASE.
WHEREUPON, A. LEE CHANDLER, BEING DULY SWORN
AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUSTICE CHANDLER, YOU WERE SCREENED IN MARCH OF 1984; THAT WAS YOUR LAST SCREENING, I BELIEVE.
A RIGHT.
Q YOU'VE HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A I HAVE.
Q DOES IT NEED ANY CLARIFICATION OF ANY SORT?
A NO, SIR.
Q YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THE RECORD?
A NO, SIR, NO OBJECTION.
1. A. Lee Chandler
Home Address: Business Address:
103 Woodland Drive Room 403, Darlington County
Darlington, SC 29532 Courthouse
P. O. Box 9
Darlington, SC 29532
2. He was born in Orangeburg, South Carolina on December 16, 1922. He is presently 69 years old.
Social Security Number: ***-**-*****
4. He was married to Martha Nell Wilkins on December 30, 1945. He has one child: Mrs. Robert Wilson Rouse (Jane Wilkins Chandler), age 44, (presently a housewife but formerly a high school and college [Clemson University] French teacher).
5. Military Service: Entered active service in the United States Army on May 31, 1943, as a Private, Serial No. 14115954; promoted to Private First Class and Corporal; Honorably Discharged August 7, 1944, to accept commission as Second Lieutenant, Infantry, Serial No. 0 547 369; Honorably Relieved on August 29, 1946, because of Demobilization after World War II, with Rank of First Lieutenant.
He entered service in the South Carolina National Guard in 1946 as First Lieutenant, Infantry; transferred to Coast Artillery and promoted to Captain and Battery Commander, 678 AAA AW; Honorably Separated in 1954.
6. He attended The Citadel, September 1939 - January 1940, (left due to lack of finances); George Washington University, January 1940 - June 1940, (left to return to The Citadel); The Citadel, September 1940 - May 1943, (left to enter active military service); George Washington University, January 1950 - August 1950, graduated, A.B., Political Science; the University of South Carolina Law School, September 1946 - November 1947, admitted to Bar.
7. He participated in all intramural sports programs and was on the varsity track team at The Citadel. He served as a features writer for a regular column in The Bulldog, The Citadel newspaper. While at The Citadel, he served on the debating team and participated in intercollegiate debates at Winthrop College. He was a winner in oratorical contests at The Citadel.
8. Legal/Judicial education during the past five years:
He has attended far more than the minimum required hours of Judicial Continuing Legal Education each year.
9. Courses taught or lectures presented:
He has taught a class on Evidence at the Law School twice each year for the past three or four years. He has also lectured at conferences of the South Carolina Trial Lawyers, South Carolina Defense Trial Lawyers, the South Carolina Bar, and at various CLE seminars. He has twice prepared and presided at the program of the annual Judicial Conference.
12. Legal experience since graduation from law school:
Since admission to the Bar, his experience as an attorney has been as an active trial lawyer in Civil and Criminal Courts, State and Federal. His practice included pleading, preparing and trying of cases. As a Circuit Judge, he presided over Civil and Criminal Courts and, additionally, performed assigned administrative duties.
As an Associate Justice of the Supreme Court, his responsibility is to prepare opinions assigned to him and, equally, to participate in the decisions reached in opinions assigned to other members of the Court. Additionally, the Supreme Court is responsible for motions and writs of supersedeas as petitioned for by members of the Bar.
20. Judicial Office:
He was elected to the South Carolina Circuit Court, with his term beginning in September, 1976, and at the end of his term in 1982, was reelected to the Bench, his term ending in 1988. As Circuit Judge, he had general jurisdiction as per the South Carolina Constitution and South Carolina statutes.
He was elected to the South Carolina Supreme Court on May 9, 1984, to fill the vacancy created by retirement of Chief Justice J. Woodrow Lewis. He was appointed for the remaining eight years of Associate Justice Littlejohn's term, upon his election as Chief Justice.
21. Five significant Orders or Opinions Written:
(a) McCall v. Batson, 285 S.C. 243, 329 S.E.2d 741 (1985) (concurring opinion).
(b) Easler v. Hejaz Temple A.A.O.N.M.S. of Greenville, 285 S.C. 348, 329 S.E.2d 753 (1985).
(c) Hunter Bros. Systems, Inc. v. Brantly Const. Co., Inc., 286 S.C. 59, 332 S.E.2d 206 (1985).
(d) Nichols v. S. C. Research Auth., 290 S.C. 415, 351 S.E.2d 155 (1986).
(e) City of Abbeville, et al. v. Aiken Elec. Co-op, Inc., et al., 287 S.C. 361, 338 S.E.2d 831 (1985).
22. Public Office:
Darlington County Attorney, appointed by Legislative Delegation, January 1, 1963 - February 15, 1973
South Carolina House of Representatives, elected, 1973-1976
Florence-Darlington TEC Commission, appointed by Legislative Delegation, April 1962 - January 1973
South Carolina ETV Commission, appointed by Governor, 1961 - 1972
Darlington County Development Board, appointed by Legislative Delegation, 1964 - 1968
31. Sued: He was initially included as a Party-Defendant in an action for an accounting. Subsequently, he was dismissed as a Party-Defendant and the action proceeded against the other party.
33. His health is excellent. His last physical was December 17, 1991, by Dr. Francis A. Neelon, Duke University Medical Center, P. O. Box 3021, Durham, North Carolina 27710.
34. Hospitalized: In March, 1987, he was hospitalized at Duke University Medical Center for diagnosis and treatment of sleep apnea. Approximately one year later, a surgical procedure known as UPP was performed in order to further assist his breathing while sleeping.
35. He wears prescription eyeglasses.
36. He received checkups with Dr. Francis A. Neelon at Duke University Medical Center for his sleep apnea and for general physical examinations.
39. Bar Associations and Professional Organizations:
Darlington County Bar Association; South Carolina Bar Association; American Bar Association; South Carolina Association of Trial Judges; National Conference of Trial Judges (1981-1984); American Judicature Society
40. Civic, charitable, religious, educational, social, and fraternal organizations:
Darlington Chamber of Commerce; Rotary Club of Darlington; St. Matthews Episcopal Church; Darlington Men's Dance Club; Darlingtoniana Dance Club; Darlington Country Club; Palmetto Club, Columbia; American Legion; Veterans of Foreign Wars
42. Five letters of reference:
(a) Charles A. Hardin, Vice President
South Carolina National Bank
P. O. Box 515, Darlington, SC 29532
(b) Honorable David W. Harwell, Chief Justice
The Supreme Court of South Carolina
P. O. Drawer 2459, Myrtle Beach, SC 29578
(c) Honorable Jean Hoefer Toal, Associate Justice
The Supreme Court of South Carolina
P. O. Drawer 12456, Columbia, SC 29211
(d) Thomas E. McCutcheon, Esquire
P. O. Drawer 11209, Columbia, SC 29211-1209
(e) Morrell L. Thomas, Jr., Publisher
The News and Press
P. O. Drawer 513, Darlington, SC 29532
Q MR. JUSTICE, THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS OR CHARGES HAVE EVER BEEN FILED AGAINST YOU; AND LIKEWISE, THE JUDICIAL STANDARDS COMMISSION REPORTS NO RECORD OF ANY REPRIMANDS AGAINST YOU. THE HIGHWAY DEPARTMENT'S RECORDS ARE NEGATIVE, AS ARE THE DARLINGTON COUNTY SHERIFF'S OFFICE AND DARLINGTON CITY POLICE RECORDS. SLED AND F.B.I. RECORDS HAVE BEEN CHECKED; THEY ARE NEGATIVE. JUDGMENT ROLLS OF DARLINGTON COUNTY ARE NEGATIVE. THE FEDERAL COURT RECORDS INDICATE FOUR CIVIL SUITS. I BELIEVE YOU WERE SUED IN YOUR CAPACITY AS ASSOCIATE JUSTICE IN ALL OF THOSE. IS THAT CORRECT?
A THAT'S CORRECT. ALL OF THOSE SUITS HAD TO DO WITH -- WERE PLACED BY LITIGANTS IN CRIMINAL MATTERS. ALL HAVE BEEN DISPOSED OF.
Q ALL FAVORABLY DISMISSED?
A YES.
Q YOU REPORT YOUR HEALTH TO BE EXCELLENT. THE STATEMENT OF ECONOMIC INTERESTS SHOWS NO CONFLICT OF INTEREST OR OBLIGATION. THE COMMITTEE IS CERTAINLY SATISFIED AS TO THE CREDIT REPORTS AND FINANCIAL NET WORTH STATEMENTS THAT HAVE BEEN SUBMITTED. WE'VE HAD NO COMPLAINTS OR STATEMENTS RECEIVED IN THIS MATTER, AND NO WITNESSES ARE PRESENT OR DESIRED TO BE PRESENT TO TESTIFY. MR. JUSTICE, DO YOU HAVE ANYTHING YOU WOULD LIKE TO ADD? ANY STATEMENTS?
A WELL, I WOULD LIKE TO OBSERVE THAT THIS IS A SLIGHT CHANGE TODAY, WITH YOU AS JUDGE. IT'S ALWAYS GOOD TO BE REMINDED THAT THERE IS SOME KIND OF OVERSIGHT, AND I THINK THE WAY THAT WE DO IT HERE IS -- I DON'T HAVE ANY DOUBT IN MY MIND THAT IF SOMETHING WAS AMISS IN MY RECORD, AND IT WAS HERE, THAT YOU WOULDN'T MIND DOING WHAT YOU HAVE TO DO. AND I WELCOME THAT DEGREE OF OVERSIGHT, SO JUDGES DON'T GET TOO IMMODEST. BUT IN ALL SERIOUSNESS, I'M NOT TOO LONG -- BY MANDATE OF STATUTE -- TO BE ON THE COURT, SHOULD I BE RE-ELECTED NOW. THREE YEARS, LACKING A COUPLE OF MONTHS. BUT I WOULD LIKE TO TELL THIS REPRESENTATIVE GROUP OF THE GENERAL ASSEMBLY, YOU KNOW, HOW MUCH IT HAS MEANT TO ME TO BE, FIRST, A LAWYER, AND TAKE THAT OATH -- WHICH I DID 47 YEARS AGO -- AND PRACTICE LAW IN THE COURTS OF THE STATE ACTIVELY, AND THEN COME TO THE TRIAL BENCH, SEEING PEOPLE SOMETIMES THAT I SERVED WITH AS LEGISLATOR EVEN, AND SEEING YOU PEOPLE -- MS. GLOVER, AND SO FORTH -- AND THEN TO HAVE BEEN ELEVATED TO WHERE I AM. I DON'T WANT TO BE WAX EMOTIONAL OR ANYTHING LIKE THAT, BUT I HAVE NO APOLOGY FOR SAYING THAT EVERY DAY OF MY ADULT LIFE AS A LAWYER HAS BEEN ONE OF HAPPINESS BECAUSE I'VE BEEN A LAWYER. AND I BELIEVE THAT SOME OF YOU THAT I'VE CROSSED PATHS WITH A LITTLE BIT AT TIMES ABOUT LEGAL THINGS KNOW THAT WHAT I SAY IS GENUINE ON THAT POINT. I LOVE THE WORK I DO, AND I SUPPORT THE 72-YEARS-OF-AGE MANDATORY RETIREMENT. I'VE SEEN, IN LIFE, SOME PEOPLE WHO WERE 58 WHO I THINK SHOULD HAVE RETIRED, AND SOME AT 85 THAT MIGHT WELL HAVE BEEN ALLOWED TO STAY ON; BUT THE MEAN FIGURE OF 72, I THINK, WORKS BETTER, ON BALANCE. SO AS MUCH AS I -- I DON'T FEEL LIKE I'M 69, BUT I AM, AND 72 IS RIGHT AROUND THE CORNER. AND I KNOW THAT IF I'M APPROVED AT THIS TIME, THAT THIS WILL BE MY LAST, AND I WILL GO AWAY VERY HAPPY FOR HAVING HAD THE OPPORTUNITY.
Q MR. JUSTICE, WE CERTAINLY HAVE APPRECIATED THE EXCELLENT SERVICE THAT YOU'VE RENDERED THE STATE AS A LAWYER AND AS A JUDGE, AND WE CERTAINLY ARE GOING TO HATE TO SEE YOU REACH THE AGE OF 72, BUT WE HOPE YOUR LAST THREE YEARS WILL BE VERY ENJOYABLE.
A I GOT A LETTER FROM A PROMINENT LAWYER -- I'D BETTER NOT IDENTIFY HIM -- FROM THE BAR, WHO WROTE ME AND SAID THE OTHER DAY HE HAD NEVER PARTICIPATED IN CRIMINAL ACTIVITY, BUT HE'D BE GLAD TO HELP REARRANGE MY BIRTH CERTIFICATE. AND I CALLED HIM BACK AND SAID, "DON'T EVEN TALK THAT WAY, THESE DAYS."
CHAIRMAN POPE: THAT'S RIGHT.
VICE-CHAIRMAN GENTRY: THANK YOU FOR YOUR MANY YEARS OF SERVICE TO THE PEOPLE OF THIS STATE.
CHAIRMAN POPE: ANY OTHER QUESTIONS YOU ALL WOULD LIKE TO ASK?
WITNESS: I LOVE EVERY ONE OF YA'. AS I SAY, I MAYBE WAX A LITTLE BIT TOO MUCH -- YOU SAY, WHY DOES A JUDGE TALK LIKE THAT? WELL, I'VE NEVER BEEN A STAINLESS STEEL JUDGE. I'VE BEEN A FEELING, F-E-E-L-I-N-G JUDGE. AND I JUST AM HAPPY TO SEE THE SERVICE THAT ALL OF Y'ALL DO FOR THE STATE. I DON'T THINK ANY OF Y'ALL THINK I SAY THAT EXCEPT OUT OF SINCERITY. I'VE HAD DEALINGS WITH SOME OF YOU MORE THAN OTHERS ABOUT MATTERS INVOLVING THE JUDICIAL SYSTEM. I SAT AT BREAKFAST ONE MORNING WITH SENATOR MCCONNELL AND EXPLAINED TO HIM A MATTER THAT JUST HAD NEVER BEEN EXPLAINED. AND HE WENT FROM THAT BREAKFAST AT THE HOLIDAY INN, AND BY 10:30, HE HAD RELIEVED THE SITUATION. AND I FIND THAT WHEN ALL THE FACTS ARE OUT, WE CAN SOLVE MOST OF OUR PROBLEMS. IS THAT NOT CORRECT?
SENATOR MCCONNELL: YES, SIR.
WITNESS: AND SO, I BEST LEAVE WHILE I BELIEVE I'M AHEAD.
CHAIRMAN POPE: THANK YOU, MR. JUSTICE.
SENATOR MCCONNELL: THANK YOU, SIR.
CHAIRMAN POPE: THE NEXT CANDIDATE IS JUDGE CHARLES WHETSTONE.
WHEREUPON, CHARLES W. WHETSTONE, JR., BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE, YOU WERE SCREENED LESS THAN A YEAR AGO, I BELIEVE.
A THAT'S RIGHT.
Q SO YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY, DOES IT NEED ANY CLARIFICATION OR CORRECTION?
A NO, SIR, I THINK IT'S CORRECT.
Q WE'LL MAKE IT A PART OF THE RECORD, THEN, WITHOUT YOUR OBJECTION?
A YES.
1. Charles W. Whetstone, Jr.
Home Address: Business Address:
Route 3, Box 478 P. O. Box 631
St. Matthews, SC 29135 St. Matthews, SC 29135
2. He was born in Columbia, South Carolina on January 16, 1950. He is presently 42 years old.
Social Security Number: ***-**-*****
4. He was married to Nancy Koon on July 8, 1978. He has two children: Kate Elizabeth, age 9; and Charles William, III, age 6.
5. Military Service: None, with the exception of two years in ROTC at Clemson University
6. He attended Clemson University, 1968-1972, BA Political Science, minor in English, graduated with honors; and the University of South Carolina School of Law, 1972-1975, Juris Doctor.
7. At Clemson University he was in Kappa Alpha Order (fraternity), 1969-1972, Number #3, 1971-1972; Phi Kappa Phi (honors fraternity), 1970-1972; Tiger Brotherhood, 1971-1972; The Tiger student newspaper, 1970-1972, news editor, 1971-1972.
8. Legal/Judicial education during the past five years:
His continuing education has consisted of seminars related to the areas of his primary practice. He has attended the Municipal Association Seminar for the past four years, because he represents four municipalities. He has also attended seminars pertaining to trial advocacy, family court, and criminal law so that he can stay abreast of current issues and developments in areas of law that he deals with most frequently. While serving as Municipal Judge for the Town of Elloree, he also attended seminars at the Criminal Justice Academy. He has attended the new judges' school.
12. Legal experience since graduation from law school:
Upon graduation from the University of South Carolina School of Law, he immediately went into private practice in St. Matthews, and he has been in private practice since that time. His law practice has always been a general practice. Initially, he learned to handle real estate transactions and criminal cases. Calhoun County did not have a Public Defender when he began practice, and with only eight attorneys in the county, indigent appointments came around rather frequently. The most substantial matter he handled early in his practice was the construction of the initial water and wastewater system for the Town of Santee and the Santee Public Service District. This matter included title work, securing rights of way, dealing with funding agencies, condemnations, and generally getting the system off the ground. His practice has evolved since that time to center around municipal work, personal injury, criminal defense, workers' compensation, domestic and real estate. The practice continues to be general in nature with no one specific area of focus. He has served as a judge since September 1, 1991.
20. Judicial Office:
He was Municipal Judge for the Town of Elloree, appointed by the Town Council; jurisdiction - criminal cases in the Town of Elloree from October, 1986 until December, 1989.
He is Resident Judge of the First Judicial Circuit since
September 1, 1991. He was elected by the South Carolina General Assembly. The jurisdiction includes both civil and criminal cases.
21. Five significant Orders or Opinions Written:
Because of the limited time he has served on the bench, he has written no orders as of this date which he would describe as significant. He is just beginning to be assigned cases which will result in such orders.
24. Occupation, business or profession other than the practice of law: Farming - He sharecrops his father's land with his cousin, T. R. Stowe. Mr. Stowe provides the labor, equipment and expertise. Mr. Whetstone provides the land which he rents from his father. Some of the expenses are shared and some are paid by Mr. Whetstone.
25. Officer/director or management of business enterprise:
None other than listed in Question #24.
27. Financial Arrangements or Business Relationships:
The only potential conflict he has is with his former law partner with whom he owns a building. They have had the building on the market for sale for over a year.
33. His health is excellent. His last physical was in January of 1990.
35. He wears glasses or contact lenses.
39. Bar Associations and Professional Organizations:
American Bar Association; South Carolina Bar Association; Calhoun County Bar Association; and South Carolina Trial Lawyers Association
40. Civic, charitable, religious, educational, social and fraternal organizations:
Calhoun Country Club; Trustee, Parish Pastor Relations Committee, Nominations Committee, Sunday School Teacher at Shady Grove United Methodist Church; Secretary of the Methodist Center Board
42. Five (5) letters of recommendation:
(a) Robert A. Caffey, Assistant Vice President
First National Bank
P. O. Box 306, Cameron, SC 29030
(b) Charles H. Williams, Esquire
P. O. Box 1084, Orangeburg, SC 29116-1084
(c) William A. Horger, Esquire
P. O. Box 518, Orangeburg, SC 29116-0518
(d) Joel R. Jones, Pastor
Ebenezer United Methodist Church
P. O. Box 204, Hemingway, SC 29554
(e) John C. Preer, Pastor
The United Methodist Church
P. O. Box 337, Cameron, SC 29030
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS NO RECORD OF ANY COMPLAINT HAVING BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION HAS NO RECORD OF ANY REPRIMAND AGAINST YOU. THE HIGHWAY DEPARTMENT, COUNTY SHERIFF'S OFFICE, AND CITY POLICE DEPARTMENT IN ST. MATTHEWS ARE ALL NEGATIVE, AS ARE THE SLED AND F.B.I. RECORDS. THE JUDGMENT ROLLS OF CALHOUN COUNTY HAVE BEEN CHECKED; THEY ARE NEGATIVE. FEDERAL RECORDS ARE NEGATIVE. YOUR HEALTH IS STILL EXCELLENT, I ASSUME?
A YES, SIR.
Q YOUR STATEMENT OF ECONOMIC INTERESTS HAS NO CONFLICTS OF INTEREST. THE COMMITTEE IS SATISFIED THAT THE NET WORTH STATEMENT AND CREDIT REPORTS YOU'VE SUBMITTED ARE SATISFACTORY AND ACCURATE. NO COMPLAINTS HAVE BEEN RECEIVED AND NO WITNESSES HAVE ASKED TO BE PRESENT, OR ARE PRESENT. JUDGE, HOW HAVE YOU FOUND YOUR FIRST YEAR ON THE BENCH? YOUR FIRST, SAY, SIX OR SEVEN MONTHS?
A FIRST SIX OR SEVEN MONTHS HAVE BEEN VERY ENLIGHTENING. I CAN SAY THAT. I HAVE QUITE A DIFFERENT PERSPECTIVE OF IT THAN JUSTICE CHANDLER, BECAUSE HE'S BEEN AT IT FOR SO LONG, AND I STILL CERTAINLY CONSIDER MYSELF A BABY JUDGE. AND I'M ENJOYING THAT STATUS, BUT I'M LEARNING. I FOUND, FROM HAVING THE OPPORTUNITY TO BE WITH THE FOUR JUDGES I WAS ASSIGNED WITH IN MY FIRST FOUR WEEKS, AND THE OTHER JUDGES I'VE WORKED WITH, THAT WE ARE VERY BLESSED WITH A JUDICIARY THAT IS HARDWORKING AND DEDICATED. AND THOSE PEOPLE JUST AMAZE ME. I HOPE ONE DAY I CAN BE THAT EXPERIENCED AND THAT GOOD AT WHAT I DO, BECAUSE I KNOW I'M A LONG WAY FROM BEING THERE. BUT I JUST TELL YOU WHAT, THEY'RE AWFULLY IMPRESSIVE AND AWFULLY GOOD AT WHAT THEY DO, AND IT'S BEEN QUITE AN EXPERIENCE FOR ME JUST TO BE ASSOCIATED WITH THOSE FOLKS AND TO LEARN FROM THEM.
Q WHAT FRUSTRATIONS HAVE YOU HAD? I'M SURE YOU MUST HAVE HAD SOME, IN THE LITTLE TIME YOU'VE HAD.
A NOTHING MUCH DIFFERENT FROM WITH RESPECT TO BEING A LAWYER. YOU HAVE DOCKET PROBLEMS, AND PROBLEMS GETTING CASES MOVED FROM TIME TO TIME IN DIFFERENT AREAS; BUT THE FRUSTRATION LEVEL HASN'T BEEN THAT BAD.
CHAIRMAN POPE: ARE THERE ANY QUESTIONS?
VICE-CHAIRMAN GENTRY: I DON'T HAVE ANY.
SENATOR MCCONNELL: NO.
Q JUDGE, DO YOU HAVE ANYTHING YOU NEED TO ADD? WE DON'T HAVE TO BELABOR THE POINT, TODAY. IT'S KIND OF A LOVE-IN, BECAUSE EVERYBODY'S HERE WITH NO COMPLAINTS OR WHATEVER AGAINST THEM. WE APPRECIATE WHAT YOU'RE DOING ON THE BENCH, AND HOPE YOUR NEXT SIX --
A THANK YOU. I'VE ENJOYED THE OPPORTUNITY SO FAR, AND WOULD LIKE TO CONTINUE WITH IT. IT'S BEEN QUITE A GOOD EXPERIENCE. THANK YOU.
CHAIRMAN POPE: THANK YOU.
CHAIRMAN POPE: JUDGE PAUL BURCH, THE FOURTH JUDICIAL CIRCUIT.
WHEREUPON, PAUL M. BURCH, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q LET'S SEE, JUDGE. YOU WERE SCREENED, OF COURSE, ONLY ABOUT, I GUESS NINE MONTHS AGO. MAY OF '91.
A YES, SIR.
Q YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY IS ACCURATE AND NEEDS NO MODIFICATIONS THAT YOU KNOW OF?
A NO, SIR.
Q THEN WE'LL MAKE IT A PART OF THE RECORD.
1. Paul Michael Burch
Home Address: Business Address:
P. O. Box 276 P. O. Box 276
Pageland, SC 29728 601 West McGregor Street
Pageland, SC 29728
2. He was born in Charlotte, North Carolina, on February 10, 1954. He is presently 38 years old.
Social Security Number: ***-**-*****
4. He was married to Kimberly Lee Thomas on August 1, 1976. He has three children: Kendall Renee, age 9; Ashley Lee, age 6; and Paul Michael, Jr., age 20 months.
5. Military Service: None
6. He attended the University of South Carolina-Lancaster, 1972-1974, Associate in Science in Criminal Justice; the University of South Carolina, 1974-1976, Bachelor of General Studies; the University of South Carolina, 1976-1978, Master of Criminal Justice; Samford University Cumberland School of Law, 1977-1978, transferred to the University of South Carolina School of Law; and the University of South Carolina School of Law, 1978-1980, Juris Doctorate.
7. He was employed in law enforcement during his undergraduate studies (1972-1976). He was also employed as a part-time criminal justice instructor by the University of South Carolina from 1978 until 1980.
8. Legal/Judicial education during the past five years:
1986 9 hours Municipal Association, Tort Liability and Civil Trial Advocacy
1987 12.5 hours Municipal Attorney's Update and Defending D.U.I.
1988 16 hours National Rural Electric Cooperative Legal Seminar
1989 10 hours South Carolina Department of Social Services Seminar and Municipal Attorney's Seminar
1990 21.75 hours Municipal Attorney's Seminar, Trial Lawyers Update, and National Conference of State Legislatures Seminar
1991 July 24-26 Circuit Court Judges School, Columbia, South Carolina
9. Courses taught or lectures given:
He has taught the following undergraduate level courses for the University of South Carolina over a 13-year period:
Business Law; Criminal Law and Procedure; Police Administration; Introduction to Criminal Justice; Criminal Investigation; and Seminar in Criminal Justice
12. Legal experience since graduation from law school:
He has been engaged in the general practice of law as a sole practitioner in Pageland, South Carolina since November 12, 1980. His practice has included civil litigation, criminal defense, criminal prosecution, domestic, social security and real estate matters.
20. Judicial Office:
None other than appointment as a Special Referee in foreclosure and property matters
22. Public Office:
Chesterfield County Council (elected), 1983-1988, Vice-Chairman, 1987-1988
South Carolina House of Representatives District #51 (elected), 1988-1991
23. Unsuccessful Candidate:
South Carolina House of Representatives, 1976
South Carolina House of Representatives, 1978
24. Any Occupation, Business or Profession Other Than the Practice of Law: He was employed by the Pageland Police Department, 1970-1976; Radio Dispatcher, 1970; Patrolman, 1971-1972; Sergeant, 1973; and Assistant Chief, 1974-1976
31. Sued:
While serving on the Chesterfield County Council, he was named as a defendant in a civil suit which arose out of an accident between a county ambulance and a private automobile. This matter was settled.
In 1990, while serving in the South Carolina House of Representatives, he was also named as a defendant in a Federal Civil Action between the NAACP and the Kershaw County School Board. He was eventually dropped as a defendant.
33. His health is good. His last physical was March 9, 1987, by Dr. Joseph J. King, 701 East Roosevelt Boulevard, Monroe, North Carolina 28110.
39. Bar Associations and Professional Organizations:
South Carolina Bar Association and Chesterfield County Bar Association
40. Civic, charitable, religious, educational, social and fraternal organizations:
Member, Pageland United Methodist Church (at-large member of Administrative Board and past Chairman of Board and Board of Trustees); Mt. Moriah Masonic Lodge #58 (Past Master); Jamil Shrine Temple; Sandhill Shrine Club; Sandhill Ducks Unlimited (Past Chairman); Pageland Lions Club; and Chesterfield County Hospice.
41. He is a lifelong resident of South Carolina. After having served the past nine years as an elected official, he sincerely hopes that he has the public's trust and confidence to continue to hold judicial office.
42. Five (5) letters of recommendation:
(a) Sarah A. Decker, Assistant Vice President
South Carolina National Bank
P. O. Box 366, Pageland, SC 29728
(b) Robert A. Hall, Jr.
Pageland United Methodist Church
P. O. Box 25, Pageland, SC 29728
(c) Ronald S. Shoaf, Vice President
C. M. Tucker Lumber
North Pearl Street, Pageland, SC 29728
(d) Michael W. Davis, Town Administrator
The Town of Pageland
126 North Pearl Street, Pageland, SC 29728
(e) Joel W. Brown, Acting General Manager
Lynches River Electric Cooperative, Inc.
P. O. Box 308, Pageland, SC 29728
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS NO COMPLAINTS HAVING BEEN FILED AGAINST YOU. LIKEWISE, THE JUDICIAL STANDARDS COMMISSION. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE. CHESTERFIELD COUNTY SHERIFF'S OFFICE AND PAGELAND CITY POLICE RECORDS ARE NEGATIVE. SLED AND F.B.I. RECORDS ARE NEGATIVE. THE JUDGMENT ROLLS OF CHESTERFIELD COUNTY ARE NEGATIVE. THE FEDERAL COURT RECORDS WERE CHECKED. WE TALKED ABOUT THOSE AT THE LAST SCREENING, DIDN'T WE?
A (NODS HEAD.)
Q YOU WERE SUED IN YOUR CAPACITY AS CHESTERFIELD COUNTY COUNCILMAN, I THINK, IN ONE INSTANCE?
A YES, SIR.
Q AND THEY WERE RESOLVED?
A (NODS HEAD.)
Q THE REPORT ON YOUR HEALTH IS "GOOD." STILL ENJOYING GOOD HEALTH, I'M SURE?
A YES, SIR.
Q YOUR STATEMENT OF ECONOMIC INTERESTS YOU FILED SHOWS NO CONFLICTS OF INTEREST OR OBLIGATIONS. THE COMMITTEE IS SATISFIED WITH THE FINANCIAL NET WORTH STATEMENT AND CREDIT REPORTS THAT HAVE BEEN SUBMITTED. AND NO COMPLAINTS HAVE BEEN RECEIVED AGAINST YOUR CANDIDACY, NOR ARE ANY WITNESSES PRESENT. IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD, JUDGE BURCH?
A MR. CHAIRMAN, I WOULD JUST LIKE TO SAY THAT I APPRECIATE THE COOPERATION AND COURTESY THE HOUSE AND SENATE HAVE SHOWN ME DURING MY SHORT TENURE ON THE BENCH, AS WELL AS THE TIME I SERVED IN THE HOUSE. AS JUDGE WHETSTONE MENTIONED, THE HELP THAT WE RECEIVE FROM ALL THE SITTING JUDGES IN OUR TRAINING PERIODS WAS IMMENSE. IT MADE A HARD JOB A LOT EASIER, TO SHARE IN THEIR EXPERIENCE AND GET US WELL ON THE WAY IN SERVING ON THE BENCH. HOPEFULLY, WE'LL BE LOOKING FORWARD TO WORKING WITH YOU IN THE FUTURE.
VICE-CHAIRMAN GENTRY: JUDGE, THANK YOU FOR YOUR SERVICE.
CHAIRMAN POPE: THANK YOU, VERY MUCH, JUDGE. WE APPRECIATE IT.
CHAIRMAN POPE: OKAY. JUDGE RUSHING. SIXTH JUDICIAL CIRCUIT.
WHEREUPON, DON S. RUSHING, BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
Q JUDGE, YOU WERE SCREENED, I BELIEVE, IN FEBRUARY 1986, IN YOUR LAST CYCLE.
A YES, SIR, THAT'S CORRECT.
Q YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY, DOES IT NEED ANY CLARIFICATION OR MODIFICATION?
A THE ONLY DIFFERENCE IS ON POINT NUMBER EIGHT, LEGAL/JUDICIAL. I AM A MEMBER OF THE CIRCUIT JUDGES ADVISORY COMMITTEE; I'VE BEEN ON THAT FOR SOME TWO YEARS, SINCE WE HAVE TALKED.
Q ALL RIGHT. WE WILL MAKE THAT ONE MODIFICATION IN THE RECORD, AND OTHERWISE, WE'LL MAKE THE REST OF THE SUMMARY PART OF THE RECORD IN THIS MATTER.
1. Don S. Rushing
Home Address: Business Address:
604 Terra Lane P. O. Box 279
Lancaster, SC 29720 Lancaster, SC 29721
2. He was born in Winnsboro, South Carolina on October 22, 1944. He is presently 47 years old.
Social Security Number: ***-**-*****
4. He was married to Elizabeth Ann McConnell on March 6, 1965. He has two children: Nancy Elizabeth Rushing Griffith, age 26 (married, third year law student), and Anna Torbit, age 16.
5. Military Service: None
6. He attended the University of South Carolina, 1963-1967, B.S. in Business Administration, and the University of South Carolina Law School, 1967-1970, J.D.
7. He participated in the first "Ford Foundation" grant to the South Carolina Law School for Practical Experience in the Corrections/Juvenile area in 1969. Ten law students were provided a clinical internship-type program which involved hands-on research and practice.
8. Legal/Judicial education during the past five years:
He is a member of the Judicial Council, appointed by the South Carolina Supreme Court; a member of Ad Hoc Rules Committee chaired by Justice Chandler; a member of the Comparative Negligence Jury Instruction Committee for Circuit Bench; a member of the Patterned Jury Instructions Committee; and a member of South Carolina Sentencing Guidelines Committee. He is the South Carolina representative to the Institute for State Courts, Rural Courts Committee. He is a regular presenter and speaker to the South Carolina, Bridge the Gap; 1991 Sixth Annual Criminal Law Update; presenter to New Judges 1988, 1989, 1990 and 1991. He is also an ABA-JAD Representative and a member of the Circuit Judge Advisory Committee.
9. Courses taught or lectures presented:
South Carolina Bar, CLE, 2/7/86, Damages and Remedies; South Carolina Bar, Bridge the Gap, "Courtroom Practice," 1989, 1990 and 1991; New Circuit Judges' Seminar, 1989, 1990 and 1991; South Carolina Bar, JCLE: 1988 Minor Settlements, 1990 Fifth Annual Criminal Law Update, and 1991 Sixth Annual Criminal Law Update
12. Legal experience since graduation from law school:
Trial litigation in State and Federal Courts, in both civil and criminal areas
20. Judicial Office:
Appointed Municipal Judge, City of Lancaster, 1971-1973
Resident Judge; Sixth Judicial Circuit; June 1, 1984; serving continuously
21. Five significant Orders or Opinions Written:
(a) Crowell v. Herring, et al., Opinion No. 1482, Court of Appeals, Filed 4/2/90. The privilege against suit for statements made during judicial proceedings and preliminary proceedings to the judicial proceeding.
(b) Hunter v. Branham, et al., Opinion No. 90-MO-115, Court of Appeals, filed 8/23/90. Court found that writ of mandamus inappropriate. Principle that a statute may be constitutional and valid in part and unconstitutional and invalid in part is generally recognized.
(c) Integrity Insurance Co. v. Taylor, Clerk, Opinion No. 1114, Court of Appeals, filed 3/14/88. Order requiring Clerk of Court to enter transcript of Federal District Court Judgment.
(d) Chris J. Yahnis Coastal, Inc. v. Stroh Brewery Co., etc., et al., Opinion No. 22853, Supreme Court, filed 4/4/88. Construction of Statutes, seeking legislative intent.
(e) Russell v. City of Columbia, et al., Opinion No. 1415, Court of Appeals, filed 11/13/89, Petition for Cert. granted to Supreme Court, Opinion No. 23417, filed 6/24/91: Public Duty v. Private Duty in a negligence cause of action. C. L., where there is no duty to act but an act is voluntarily undertaken, the actor assumes the duty to use due care.
22. Public Office:
South Carolina Senate, elected December 1979, served until May 31, 1984.
23. Unsuccessful Candidate: 1972, Candidate for South Carolina House of Representatives
24. Any Occupation, Business or Profession Other Than the Practice of Law: Yes, but not since graduation from law school
27. Financial Arrangements or Business Relationships:
He has real estate mortgages to Springs Mortgage Company and Springmaid Federal Credit Union. He would recuse himself in any contested litigation concerning these companies.
31. Sued: He was sued as a trustee of J. W. Evans Estate. An heir sought distribution of certain monies. The case was dismissed in his favor.
33. His health is good. His last physical was in December of 1991 by Dr. Mohan Chordia.
35. He wears contacts.
39. Bar Associations and Professional Organizations:
South Carolina Bar and American Bar Association (Chairman, JAD, State and Federal Court Relations Committee, 1988-1989)
40. Civic, charitable, religious, educational, social, and fraternal organizations:
Jackson Masonic Lodge; Jackson Shrine Club; Moose Club, Lancaster; Cotillion Club; Member, First ARP Church, Lancaster; Lancaster Golf Club; Wachesaw Golf Club; Pawley's Plantation Golf Club; Lancaster Men's Golf Association; and Capital City Club
42. Five letters of reference:
(a) Jerry M. Williams, Senior Vice President/Regional Administrator
First Citizens Bank
P. O. Box 580, Lancaster, SC 29720
(b) Francis L. Bell, Jr., Esquire
P. O. Box 867, Lancaster, SC 29721
(c) Laura M. Fleming, President/CEO
Springmaid Federal Credit Union
607 North Main Street, Lancaster, SC 29720
(d) Honorable John R. Justice, Solicitor
Sixth Judicial Circuit
P. O. Box 728, Chester, SC 29706
(e) Claude S. Coleman, Esquire
P. O. Box 838, Chester, SC 29706
Q JUDGE, THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS NO FORMAL COMPLAINTS OF ANY KIND HAVING BEEN FILED AGAINST YOU. NO RECORD OF REPRIMANDS AGAINST YOU AS HAVING BEEN MADE AT THE JUDICIAL STANDARDS COMMISSION. RECORDS OF THE HIGHWAY DEPARTMENT, THE LANCASTER COUNTY SHERIFF'S OFFICE, AND LANCASTER CITY POLICE DEPARTMENT, SLED AND F.B.I. ARE ALL NEGATIVE. JUDGMENT ROLLS OF LANCASTER COUNTY ARE NEGATIVE; FEDERAL COURT RECORDS ARE NEGATIVE. I THINK YOU REPORTED IN QUESTION 31 ABOUT SOME SUIT INVOLVING J.W. EVANS' ESTATE. I WASN'T ON THE COMMITTEE WHEN YOU WERE SCREENED LAST; I ASSUME IT WAS BROUGHT UP THEN.
A I WAS A TRUSTEE APPOINTED BY MR. EVANS, AND HE HAD CREATED A SPENDTHRIFT TRUST FOR HIS WIFE AND FOR HIS SON. I WAS A CO-TRUSTEE, AND THE SON WANTED US TO GIVE $100,000 TO P.T.L. WE REFUSED TO DO THAT, BECAUSE WE FELT IT WOULD JUST DESTROY THE ASSETS PROVIDED TO TAKE CARE OF THE WIFE, AND EVEN HIS GRANDCHILDREN. HIS WAS A PASS-THROUGH TRUST. SO WE REFUSED, AND HE SUED US, AND HE TESTIFIED UNDER OATH IN COURT THAT WE HAD DONE NO WRONG; WE JUST WOULDN'T GIVE HIM THE MONEY HE ASKED FOR. THEY DISMISSED THE SUIT, AS YOU WOULD EXPECT. IT'S THE ONLY TIME I'VE EVER BEEN SUED, THANK GOODNESS.
Q SOUNDS LIKE YOU SAVED HIM A LOT OF MONEY.
A WELL, HE SAID THAT TOO. HE WASN'T MAD. HE JUST WANTED US TO GIVE HIM THE MONEY.
Q JUDGE, YOUR HEALTH IS GOOD, I'M SURE?
A (NODS HEAD.)
Q YOUR STATEMENT OF ECONOMIC INTERESTS HAS NO CONFLICTS OF INTEREST OR OBLIGATIONS. THE COMMITTEE IS SATISFIED WITH THE FINANCIAL NET WORTH STATEMENTS AND THE CREDIT REPORTS THAT HAVE BEEN SUBMITTED. AND NO COMPLAINTS HAVE BEEN RECEIVED AND NO WITNESSES ARE PRESENT. IS THERE ANYTHING YOU WOULD LIKE TO TELL US? ANY STATEMENT YOU WOULD LIKE TO MAKE, OR COMMENTS?
A NOTHING, OTHER THAN I HAVE ENJOYED THE EIGHT YEARS THAT I HAVE SERVED ON THE BENCH. I'VE TRULY BEEN INTERESTED AS TO HOW MUCH DIFFERENTLY WE ALL EXPECT IT TO BE WHEN YOU GO ON THE BENCH, AS THE OTHER JUDGES HAVE SAID. THE WORK IS FAR MORE INTENSIVE THAN MOST PEOPLE REALIZE, AND IT'S NOT JUST SHOWING UP WHEN THEY'VE GOT A JURY SITTING UP THERE. THE HOURS ARE LONG; THE STRESS IS HIGH. BUT IT IS EDUCATIONALLY EXPANDING. I THINK THAT'S ONE OF THE GOOD THINGS THAT I HAVE BENEFITTED FROM THE BENCH. I THINK IT HAS TRULY EXPANDED MY OWN ABILITIES AS A LAWYER AND AS A JUDGE, AND I HAVE ENJOYED THAT OPPORTUNITY, AS WELL AS TO PARTICIPATE IN A LOT OF OTHER OPPORTUNITIES. I'VE BEEN TO THE NATIONAL JUDICIAL COLLEGE SEVERAL TIMES, AND I'M GOING BACK THIS YEAR TO BE ON THE FACULTY. SO I'VE GOTTEN SOME GOOD OPPORTUNITIES, AND I'VE BEEN A MEMBER OF THE AMERICAN BAR JUDICIARY AND PARTICIPATED IN TEACHING NEW JUDGES AS WELL AS I'VE BEEN TAUGHT. WE DO A GOOD JOB. YOU KNOW, WHEN WE BECOME A LAWYER, WE'RE REALLY NOT A VERY GOOD JUDGE, AND WE'RE NOT SUPPOSED TO BE, BUT MOST PEOPLE THINK YOU ARE. BUT OUR STATE IS THE LEADER NOT ONLY IN C.L.E.'S AND J.C.L.E.'S, BUT WE TAKE OUR JUDGES AND WE REALLY DO A GOOD JOB OF TRYING TO PREPARE THEM TO DEAL WITH WHAT THEY NEED TO BE PREPARED FOR, BECAUSE IT'S A LOT DIFFERENT ON THE BENCH THAN IT IS -- I NEVER RECOGNIZED THAT DIFFERENCE, WHEN I SAT WHERE YOU DO, NOR AS A LAWYER EITHER. BUT I WOULD TELL YOU THAT THE STATE OF THE JUDICIARY IN THIS STATE IS IN GOOD POSITION, AND THAT'S BECAUSE OF THE PRIOR LEADERSHIP OF OTHER MEMBERS OF THE JUDICIARY.
Q TELL US YOUR RECENT EXPERIENCE IN GOING TO THE CAMERA IN THE COURTROOM.
A PROBABLY ONE OF THE BEST THINGS THAT'S OCCURRED -- BECAUSE WE ALL HAD SOME HESITANCY. WE ALL HAVE HESITANCY TO CHANGE THINGS THAT HAVE BEEN IN THE PAST, AND THERE ARE STILL MANY THINGS TO BE WORKED OUT. PROBABLY THE ONE THAT HAS THE LEAST SAID ABOUT IT IS THE INDIVIDUAL PRIVACY TO THE LITIGANTS. THAT'S A CONCERN. AND UNDER THE GUIDELINES, THE JUDGES THAT AUTHORIZE IT STILL HAVE THE RIGHT TO EXCLUDE. BUT THE GREAT BENEFIT IS THAT THE NEWS MEDIA HAS BEEN GIVEN AN OPPORTUNITY THAT THEY FELT THEY HAD A RIGHT TO HAVE FOR A LONG TIME, AND WE HAVE FOUND -- AT LEAST, I HAVE -- THAT GIVING THEM THAT RIGHT DOES NOT INTERFERE NOR DISRUPT THE RIGHTS OF THE LITIGANTS TO HAVE A FAIR TRIAL. AT LEAST, IT HAS NOT SO FAR IN THE SITUATION THAT WE'VE SET UP. AND THE GUIDELINES WE'RE OPERATING UNDER ARE REALLY GOOD, BECAUSE IT DOESN'T ALLOW THEM TO CHANGE THE LIGHTING, TO MOVE ABOUT IN THE COURTROOM. THEY'RE REALLY NO DISTRACTION. THEY CANNOT COVER THE JURY SELECTION PROCESS, NOR SHOOT THE JURY. REALLY, WHAT THEY WANT TO BE ABLE TO DO IS, IN SOME CASES -- THEY DON'T COVER MY CIVIL CASES UP THERE; I'VE HAD TWO WEEKS OF CIVIL. AND WE WANT THEM TO, SO THAT WE'LL GET THE EXPERIENCE, BECAUSE THAT'S HOW THE SUPREME COURT IS GOING TO MAKE ITS DECISION AS TO WHETHER OR NOT TO SEND IT OUT TO THE REST OF THE STATE. BUT UNFORTUNATELY, WE'RE GOING TO FIND THAT THE REST OF THE STATE IS NOT GOING TO BE ABLE TO DO THAT, BECAUSE THE COURTHOUSES AREN'T GOING TO BE ABLE TO ACCOMMODATE IT. WE'RE STILL IN HORSE-AND-BUGGY DAYS IN A LOT OF OUR FACILITIES.
Q YOU HAVE TO PUT THE CAMERA AT AN ANGLE WHERE THE JURY WON'T BE VIEWED?
A YES, SIR, THAT'S PART OF THE GUIDELINES. THEY CAN'T SHOOT THE JURY. THE ONLY WAY THEY CAN SHOOT THE JURY IS IF IT'S KIND OF INADVERTENT, THEIR BACKS. THE PURPOSE IS TO COVER THE WITNESSES AND THE JUDGE AND THE LAWYERS.
A AND REALLY, THERE'S NO SOUND WHATSOEVER. THERE'S NO ADDITIONAL LIGHTING. THEY'RE NOT ALLOWED TO BREAK DOWN THE EQUIPMENT OR CHANGE THE CARTRIDGES IN ANY FASHION. AND I TELL THE JURY -- THEY DON'T GET TO COVER PICKING THE JURY, SO I TELL THE JURY, "NOW, THEY'RE HERE, BUT I WILL ASSURE YOU THAT THEY ARE NOT COVERING YOU AND THERE WILL BE NO DISTRACTIONS. IF THERE ARE, THEY'RE OUT OF THE COURTROOM." AND I'VE TRIED, NOW, TWO CASES AND THEY'VE COVERED SOME OTHER MATTERS, AND TO BE VERY FRANK WITH YOU, I WAS VERY CONCERNED THAT IT WOULD HAVE AN EFFECT, BUT THERE'S NO EFFECT REALLY.
Q NO LAWYERS SHOW-BOATING OR ANYTHING?
A WELL, YOU KNOW --
Q NO MORE THAN NORMAL?
A I'M GLAD YOU GOT ME OUT OF THAT. THAT'S THE THING THAT THE JUDGE, YOU KNOW -- THAT'S MY RESPONSIBILITY. AND I'VE TOLD THE MEDIA I CAN'T ALLOW THEM TO DO ANYTHING, BUT LAWYERS, IF IT HAPPENS, I'M GOING TO BRING THEM UP AND SAY, "NOW, LISTEN, I KNOW WHAT YOU'RE DOING. LET'S TRY THE CASE. LET'S MOVE ALONG. LET'S DO WHAT WE'RE ALL HERE TO DO." AND YOU KNOW, THAT'S MY JOB, AND THE JUDGES HAVE TO TAKE CONTROL OF THAT -- AND WE WILL. WE WILL. WE HAD A LIMITED AMOUNT OF IT IN ONE CASE WE TRIED UP HERE, BUT NONE THAT I THOUGHT WAS OUT OF THE ORDINARY. BUT IT WILL BE A CONCERN. I THINK THE MAJOR CONCERN IS THE INDIVIDUAL PRIVACY THAT IS OUT THERE. WHAT ABOUT THE INDIVIDUAL LITIGANT? EVEN THOUGH IT'S A PUBLIC COURT -- AND OUR COURTS ARE PUBLIC; ANYBODY WHO TELLS YOU, AS YOU KNOW, ANY DIFFERENT IS TELLING YOU AN UNTRUTH. THE PEOPLE HAVE A RIGHT TO KNOW WHAT WE'RE DOING IN THERE, AND I WELCOME IT. I SAY EVERYTHING IS ON THE RECORD, AND I WANT A COURT REPORTER WHERE I AM, BECAUSE I DON'T HAVE TO ANSWER FOR SOMETHING THAT SOMEBODY HAS MISCONSTRUED WHEN IT'S SITTING THERE ON THE RECORD. I LIKE IT. BUT WE DO HAVE A CONCERN ABOUT THE INDIVIDUAL RIGHTS, INDIVIDUAL PRIVACY ON A PARTICULAR CASE, AND WE'VE GOT TO BE MINDFUL OF THAT. AND I THINK THE MEDIA WILL UNDERSTAND THAT, TOO. I THINK THAT'S THE MAJOR CONCERN.
Q WELL, WE APPRECIATE YOUR ROLE IN TEACHING THESE NEW JUDGES. I KNOW YOU'VE BEEN VERY INSTRUMENTAL IN THAT ALONG WITH JUDGE MOORE, MY OLD CIRCUIT JUDGE, AND SEVERAL OTHERS THAT ARE RECOGNIZED FOR THEIR LEADERSHIP ABILITIES, AND WE DO APPRECIATE YOUR WORK IN THAT PARTICULAR AREA. UNLESS YOU HAVE ANYTHING ELSE, WE APPRECIATE IT, JUDGE.
A THANK YOU.
CHAIRMAN POPE: THANK YOU.
CHAIRMAN POPE: WE'LL HAVE ANOTHER BRIEF EXECUTIVE SESSION.
(WHEREUPON, AT 10:10 A.M., THE WITNESSES WERE EXCUSED AND THE HEARING CONCLUDED.)
The Judicial Screening Committee has reviewed and investigated the qualifications of the following candidates and unanimously found them to be qualified to serve:
The Honorable A. Lee Chandler, candidate for Associate Justice of the South Carolina Supreme Court;
The Honorable Charles W. Whetstone, Jr., candidate for Judge of the First Judicial Circuit;
The Honorable Paul M. Burch, candidate for Judge of the Fourth Judicial Circuit; and
The Honorable Don S. Rushing, candidate for Judge of the Sixth Judicial Circuit.
Respectfully submitted,
/s/Senator Thomas H. Pope, III, Chmn.
/s/Rep. Larry E. Gentry, Vice-Chmn.
/s/Senator John A. Martin
/s/Senator Isadore E. Lourie
/s/Senator Glenn F. McConnell
/s/Rep. B. L. Hendricks, Jr.
/s/Rep. James H. Hodges
/s/Rep. Maggie W. Glover
On motion of Rep. HODGES, the Report was ordered printed in the Journal.
The following was received.
Columbia, S.C., March 26, 1992
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. 903:
S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 30, 1992
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. 1345:
S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 30, 1992
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. 200:
S. 200 -- Senators Giese, Courson and Wilson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. FULMER moved that when the House adjourns it adjourn in memory of Dr. John Andrew Hamilton, which was agreed to.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3293 -- Reps. Bennett, Snow and Bruce: A BILL TO AMEND SECTION 56-5-4900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND THE PROVISION THAT CERTAIN REGULATIONS AS TO BRAKES ARE INAPPLICABLE TO CERTAIN FARM TRAILERS, SO AS TO PROVIDE THAT SECTIONS 56-5-4850 TO 56-5-4900 DO NOT APPLY TO TRAILERS, NOT EXCEEDING EIGHTEEN, RATHER THAN EIGHT, THOUSAND POUNDS GROSS WEIGHT, WHICH ARE PULLED BEHIND FARM TRACTORS OR TRUCKS AND USED IN THE TRANSPORTATION OF CERTAIN FARM PRODUCTS AND ARTICLES, TO PROVIDE THAT FARM TRAILERS EXCEEDING EIGHT THOUSAND POUNDS GROSS WEIGHT WHICH ARE NOT EQUIPPED WITH BRAKES MUST BE PULLED BEHIND FARM TRACTORS OR BEHIND TRUCKS RATED BY THE MANUFACTURER AS HAVING A LOAD CAPACITY OF AT LEAST ONE TON AND HAVING AT LEAST FOUR WHEELS ON THE REAR AXLE, AND TO PROVIDE THAT ALL FARM TRAILERS MUST BE EQUIPPED WITH AND SHALL HAVE IN USE SAFETY CHAINS WHEN THE TRAILERS ARE USED TO HAUL FARM PRODUCTS AND ARTICLES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4537 -- Reps. McAbee, Kinon and McGinnis: A BILL TO AMEND CHAPTER 130 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF CHARLESTON, BY ADDING ARTICLE 3 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, AND EQUIPPING OF BUILDINGS, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON THE PLEDGE OF REVENUES DERIVED FROM RENTALS, FEES, AND OTHER CHARGES, TO PROVIDE PROCEDURES FOR THE AUTHORIZATION OF THE BONDS; AND TO DESIGNATE SECTIONS 59-130-10 THROUGH 59-130-50 AS ARTICLE 1, CHAPTER 130, TITLE 59 AND ENTITLED "GENERAL PROVISIONS".
Ordered for consideration tomorrow.
The Senate returned to the House with amendments the following:
H. 4623 -- Reps. Carnell, Harvin, Klapman, Tucker, Farr, McAbee, Snow and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE SOUTH CAROLINA HIGHWAY PATROL, AND OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES NOT TO STRICTLY ENFORCE FOR A PERIOD OF NINETY DAYS THE PROVISIONS OF THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT WHICH REQUIRE A PERSON DRIVING A COMMERCIAL MOTOR VEHICLE AFTER APRIL 2, 1992, TO HAVE A COMMERCIAL DRIVER'S LICENSE STIPULATED BY THAT ACT.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 4628 -- Rep. Meacham: A HOUSE RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL MARCHING BAND FOR BEING WINNERS AND GRAND CHAMPIONS OF THE BURGER KING CLASSIC, THE JAMES F. BYRNES TOURNAMENT OF BANDS, AND THE AAA UPPER STATE AND STATE CHAMPIONSHIPS AND ALLOW THE BAND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 7, 1992.
Whereas, the members of the General Assembly were delighted to learn that the Fort Mill High School Marching Band were winners and grand champions of the Burger King Classic, The James F. Byrnes Tournament of Bands, and the AAA Upper State and State Championships; and
Whereas, the band had superior ratings for drum major, colorguard, drum line, and horn line. Now, therefore,
Be it resolved by the House of Representatives:
That the Fort Mill High School Marching Band is given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Tuesday, April 7, 1992, for the purpose of being recognized as the winners and grand champions of the Burger King Classic, The James F. Byrnes Tournament of Bands, and the AAA Upper State and State Championships.
Be it further resolved that a copy of this resolution be forwarded to the principal of Fort Mill High School.
The Resolution was adopted.
The following was introduced:
H. 4629 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. CHARLES ALLEN EVANS OF ANDERSON COUNTY ON THE JOYFUL OCCASION OF THEIR FIFTY-EIGHTH WEDDING ANNIVERSARY AND WISHING THEM MANY MORE YEARS OF HAPPINESS TOGETHER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4630 -- Reps. J. Harris and Burch: A HOUSE RESOLUTION INVITING THE McBEE HIGH SCHOOL GIRLS' BASKETBALL TEAM AND ITS COACH, LAURIE ROBERTS, TO VISIT AND BE COMMENDED FOR ITS ACCOMPLISHMENTS IN WINNING THE STATE CLASS A CHAMPIONSHIP IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT A MUTUALLY CONVENIENT TIME.
Whereas, the McBee High School Girls' Basketball Team won the Class A state girls' basketball championship; and
Whereas, the team finished the season undefeated; and
Whereas, this is the second season the team has been undefeated with it forty-ninth straight victory; and
Whereas, McBee has played in eight state championships since 1981 and won its fourth Class A title; and
Whereas, McBee has beaten its opponents by an average of forty-four points; and
Whereas, the team also has outstanding scores off the court by having a cumulative grade average of 3.19; and
Whereas, ten of the team members have met NCAA standards for freshman eligibility; nine are members of the school's honor society; and two are class presidents; and
Whereas, not only do the team members come from a line of relatives who have produced state champions or runners-up in girl sports but the coach comes from a line of championship coaches; and
Whereas, Coach Laurie Roberts' father guided the McBee Panthers to their first championship in 1965, and her husband and brother coached the team to a championship in 1981; and
Whereas, Coach Roberts detected the athletic skills in the team members four years ago and predicted they would be at the championship; and
Whereas, the McBee High School Panthers represent interscholastic athletics at its best. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House invite the McBee High School Girls' Basketball Team and its coach, Laurie Roberts, to visit and be commended for its accomplishments in winning the State Class A Championship in the Hall of the House of Representatives at a mutually convenient time.
Be it further resolved that a copy of this resolution be forwarded to the principal of McBee High School and Coach Roberts.
The Resolution was adopted.
The following was introduced:
H. 4631 -- Rep. Stone: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO CONTINUE ITS INVESTIGATION OF THE NOW-CLOSED HOUSE BANK AND TO DISCLOSE ALL INFORMATION RELATED TO THE CONGRESSIONAL CHECK-BOUNCING SCANDAL.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1430 -- Senators Bryan and Stilwell: A CONCURRENT RESOLUTION COMMENDING HAROLD M. ROBERTSON OF COLLETON COUNTY FOR HIS MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (SANTEE COOPER) GOVERNING BOARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1433 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE LOUISE D. HARBIN OF OCONEE COUNTY UPON HER RETIREMENT AFTER FORTY-EIGHT YEARS WITH THE OCONEE COUNTY OFFICE FOR THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO WISH HER WELL IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4632 -- Rep. Lanford: A BILL TO AMEND SECTION 4-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES UNDER THE PROVISIONS OF LAW REGULATING WRECKERS AT THE SCENE OF ACCIDENTS, SO AS TO PROVIDE FOR A MAXIMUM FINE IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS, RATHER THAN NOT EXCEEDING TWO HUNDRED DOLLARS.
Referred to Committee on Judiciary.
H. 4633 -- Reps. Lanford, G. Bailey, Littlejohn, Kempe, Bruce, McGinnis and Fair: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, INCLUDING GREENHOUSES, SO AS TO PROVIDE THAT GREENHOUSES ARE EXEMPT ONLY IF THE PRODUCT OR ITEM GROWN OR PRODUCED THEREIN IS MARKETED OR SOLD AT WHOLESALE, AND PROVIDE THAT IF THE PRODUCT OR ITEM IS MARKETED OR SOLD AT RETAIL, THE EXEMPTION SHALL NO LONGER APPLY.
Referred to Committee on Ways and Means.
H. 4634 -- Reps. Lanford, Wright, Rogers, G. Bailey, Smith, Sharpe, Corbett, L. Elliott, Baker, Hallman, Bruce, Littlejohn, Jaskwhich, A. Young, McCraw, T.C. Alexander, Kempe, Holt, Beatty, Marchbanks, Cooper, Cato, L. Martin, Phillips, Farr, Wilder, Manly, Haskins, Keegan, Vaughn, Tucker, M.O. Alexander, Meacham, Beasley, Council, Huff, Stone, Riser and Quinn: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE INJURING OR KILLING A PERSON WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR BOTH, AS DEFINED IN SECTION 56-5-2945.
Referred to Committee on Judiciary.
H. 4635 -- Rep. Boan: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry.
H. 4636 -- Rep. Wilder: A BILL TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4637 -- Rep. Tucker: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
On motion of Rep. TUCKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4638 -- Rep. Fair: A BILL TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTING OF SOLID WASTE MANAGEMENT FACILITIES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE THAT COUNTY-OWNED FACILITIES WHICH INCINERATE LESS THAN FIFTY TONS PER DAY OF MUNICIPAL SOLID WASTE AS PART OF A PILOT STUDY WHOSE DURATION IS LESS THAN ONE AND ONE-HALF YEARS ARE NOT REQUIRED TO MEET CERTAIN REQUIREMENTS FOR PERMITTING AND OPERATION.
Rep. FAIR asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4639 -- Reps. Rama, Altman, Felder, P. Harris, Houck, Manly, Tucker and White: A BILL TO AMEND SECTION 44-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF THE CERTIFICATE OF NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE REFERENCES FROM THE STATE MEDICAL FACILITIES PLAN TO THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "AFFECTED PERSON", "HEALTH CARE FACILITY", "HEALTH SERVICE", AND TO ADD THE DEFINITION OF "LIKE EQUIPMENT WITH SIMILAR CAPABILITIES"; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED, SO AS TO DELETE PROVISIONS RELATING TO ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR LOCATED IN A HEALTH CARE FACILITY; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO THE INITIATION OF SERVICES THROUGH CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS AND TERMS, AND TO PROVIDE THAT THE COMMITTEE SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO REVISE THE CONTENT, APPROVAL, AND REVISION PROCEDURES FOR THE PLAN; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO CERTIFICATE OF NEED APPLICATIONS, SO AS TO PROHIBIT CERTAIN DEPARTMENT PERSONNEL FROM COMMUNICATING WITH OTHER PERSONS ABOUT PENDING APPLICATIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOLLOWING COMPLETION OF A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR PROJECT REVIEW CRITERIA AND PROCEDURES; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO THE NONTRANSFERABILITY OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE AND TO EXTEND A CERTIFICATE OF NEED FROM SIX MONTHS TO ONE YEAR ON MAJOR HOSPITAL CONSTRUCTION PROJECTS; TO AMEND SECTION 44-7-240, AS AMENDED, RELATING TO A STATE CONSTRUCTION PROGRAM, SO AS TO CHANGE THE REFERENCE FROM STATE FACILITIES PLAN TO STATE HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS APPOINTED TO THE HEALTH PLANNING COMMITTEE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4640 -- Rep. Bennett: A BILL TO AMEND SECTION 50-3-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY WILDLIFE CONSERVATION OFFICERS, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF THE TERMS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4641 -- Reps. Stone, Smith and Sharpe: A BILL TO AMEND SECTION 56-5-4670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIBLE FOG LAMPS ON MOTOR VEHICLES, SO AS TO PROVIDE THAT THESE FOG LAMPS MUST BE DIMMED, IF A DIMMING DEVICE IS AFFIXED, OR TURNED OFF, IF THE VEHICLE HAS AUXILIARY LIGHTING, WITHIN ONE HUNDRED FEET OF ANY APPROACHING VEHICLE.
Referred to Committee on Education and Public Works.
H. 4642 -- Reps. Stone, Sharpe and Smith: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE ROLLBACK TAX MAY NOT BE IMPOSED WHEN THE USE OF PROPERTY ASSESSED AS AGRICULTURAL IS CHANGED TO RESIDENTIAL USE AND IN LIEU OF THE ROLLBACK TAX A CHANGE OF USE PENALTY IN THE AMOUNT OF TWENTY-FIVE DOLLARS IS TO BE IMPOSED IN THESE CASES.
Referred to Committee on Ways and Means.
H. 4643 -- Rep. Jennings: A BILL TO AMEND SECTION 47-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DOMESTIC ANIMALS RUNNING AT LARGE, SO AS TO INCREASE THE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4644 -- Rep. Farr: A BILL TO REPEAL SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT ON AUTOMOBILE INSURERS TO INSURE, AND EXCEPTIONS; TO PROVIDE THAT NO RECOUPMENT FEE MAY BE IMPOSED UPON, OR CHARGED TO, AN INSURED UNDER A POLICY OF MOTOR VEHICLE INSURANCE ISSUED OR RENEWED IN THIS STATE WHO HAS NO MOTOR VEHICLE, TRAFFIC, OR RELATED VIOLATIONS ON HIS DRIVING RECORD FOR THE THREE YEARS IMMEDIATELY PRECEDING THE ISSUANCE OR RENEWAL OF THE POLICY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 2 SO AS TO REQUIRE A STICKER OR EMBLEM EVIDENCING INSURANCE COVERAGE TO BE AFFIXED TO MOTOR VEHICLES, INCLUDING PROVISION FOR PENALTIES AND THE PAYMENT OF FINES TO THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE FOR THE PAYMENT OF FINES TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND INCREASE THE PERIOD FOR THE SUSPENSION OF DRIVING PRIVILEGES AND LICENSE PLATES AND REGISTRATION CERTIFICATES; TO AMEND SECTION 56-5-6240, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES AND DISBURSEMENT AND USE OF THE PROCEEDS, SO AS TO PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DUS (DRIVING UNDER SUSPENSION) AND UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT VIOLATION OF DUI (DRIVING UNDER THE INFLUENCE), PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR SUBSEQUENT VIOLATION WITHIN THE LAST TEN YEARS OF KNOWINGLY OPERATING AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE OR KNOWINGLY ALLOWING THE OPERATION OF AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE, AND PROVIDE THAT, UPON THE SALE OF THE VEHICLE, THE LAW ENFORCEMENT AGENCY MAKING THE ARREST OR ITS AUTHORIZED AGENT SHALL PAY OVER ONE-FOURTH, RATHER THAN ALL, OF THE NET PROCEEDS, AFTER CERTAIN OTHER PAYMENTS, TO THE STATE OR THE POLITICAL SUBDIVISION OF THIS STATE OF WHICH THE LAW ENFORCEMENT AGENCY IS A PART AND SHALL PAY OVER THE REMAINING THREE-FOURTHS OF THE NET PROCEEDS TO THE SOUTH CAROLINA REINSURANCE FACILITY; AND TO PROVIDE THAT NO INSURANCE MERIT RATING POINTS MAY BE ASSESSED NOR MAY ANY CHARGE BE IMPOSED WHICH INCREASES AN INSURED'S PREMIUM ON A POLICY OF MOTOR VEHICLE INSURANCE AS A RESULT OF AN ACCIDENT THAT IS PROXIMATELY CAUSED BY POOR ROAD CONDITIONS OR HAZARDOUS WEATHER CONDITIONS WHEREIN THE OPERATOR OF THE MOTOR VEHICLE IS INVOLVED IN AN UNAVOIDABLE ACCIDENT.
Referred to Committee on Labor, Commerce and Industry.
S. 268 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.
On motion of Rep. CHAMBLEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1324 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 12-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSTRUMENTS OF CONVEYANCE NOT BE RECORDED UNLESS STAMPED AND ACCOMPANIED BY AN AFFIDAVIT OF TRUE CONSIDERATION, SO AS TO EXEMPT CONVEYANCES OF THE FEDERAL GOVERNMENT FROM THE REQUIREMENTS OF FILING THE AFFIDAVIT.
Referred to Committee on Judiciary.
S. 1366 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, REINSURANCE INTERMEDIARY-BROKERS, AND REINSURANCE INTERMEDIARY-MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1415 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4645 -- Reps. Rudnick, Rogers, Quinn, Smith, Sharpe, Altman, Waites, Stone, Jennings, J. Harris, Scott, Shissias, J. Brown, Corning, Foster, Taylor, Wilder and L. Martin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LLOYD HENDRICKS OF COLUMBIA, RETIRED EDUCATOR AND CIVIL SERVICE EMPLOYEE WITH THE UNITED STATES DISTRICT COURT, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
Whereas, Mr. Lloyd Hendricks of Columbia has died at the age of eighty-seven; and
Whereas, he was a retired educator and civil service employee with the United States District Court for South Carolina; and
Whereas, he was the father of former Representative Lloyd Hendricks of Richland County, our friend and former colleague in the General Assembly; and
Whereas, we want Lloyd and all of the other members of his father's family and his father's many friends to know that they are uppermost in our thoughts and have our deepest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of Mr. Lloyd Hendricks of Columbia and extend sympathy to his family and many friends.
Be it further resolved that copies of this resolution be forwarded to Mr. Hendricks' widow, Mrs. Mary Inman Hendricks, 3306 Heyward Street, Columbia, 29205, and to his son, our good friend Lloyd Hendricks of Columbia.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Taylor Townsend Tucker Vaughn Waites Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, March 31.
J.L. Mann Cromer John B. Williams Maggie W. Glover David M. Beasley Stephen Gonzales John J. Snow, Jr. C. Lenoir Sturkie
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, March 31.
Roger M. Young
The SPEAKER granted Rep. WALDROP a leave of absence due to illness.
The SPEAKER granted Rep. M. MARTIN a leave of absence for the day.
The SPEAKER granted Rep. HENDRICKS a leave of absence for the day.
March 31, 1992
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4546, R-323, an Act:
TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.
This veto is based upon an opinion of the Attorney General's Office dated March 30, 1992, which states in concluding:
"The act bearing ratification number 323 of 1992 would create the Fairfield County Economic Development Board, provide for its members, and set forth its purpose, powers, and duties. The act affects only Fairfield County and is the type of enactment authorized to be undertaken by a county council under home rule. See S.C. Code Ann. Section 4-9-30(6). Thus, H. 4546, R-323 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 4546, R-323 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Wilkes
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Announcement was made that Dr. John B. DuBose of Camden is the Doctor of the Day for the General Assembly.
Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, April 7, which was adopted.
H. 4267 -- Reps. Wilkins and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4310 -- Reps. Chamblee, Koon and Waldrop: A BILL TO AMEND SECTION 47-13-1350 AND 47-13-1370, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA SHOTS, SO AS TO CHANGE THE TIME REQUIRED FOR A NEGATIVE REACTION TO THIS SHOT FROM SIX TO TWELVE MONTHS BEFORE A HORSE MAY BE BROUGHT INTO THE STATE AND FOR HORSES BROUGHT INTO A PUBLIC ASSEMBLY OF HORSES.
H. 4325 -- Rep. Snow: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
H. 4410 -- Reps. Wilkins, Kirsh, Gonzales, Kempe, Harvin, Wells, Quinn, Smith, Rama and Keegan: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1048 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.
Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, April 7, which was adopted.
H. 4384 -- Reps. Fair, Vaughn and Cato: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE TERMS OF OFFICE ARE FOR TWO YEARS RATHER THAN FOUR.
The following Bill was taken up.
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
Reps. WOFFORD, YOUNG and SCOTT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2408.AC), which was adopted.
Amend the bill, as and if amended, Section 44-81-40(D), page 2, line 40, by inserting /written/ before /notice/ and on page 3, line 2, by inserting /written/ before /notice/ so that when amended this subsection reads:
/(D) A resident may be transferred or discharged only for medical reasons, for the welfare of the resident or for the welfare of other residents of the facility, or for nonpayment and must be given written notice of not less than thirty days, except that when the health, safety, or welfare of other residents of the facility would be endangered by the thirty-day notice requirement, the time for giving notice must be that which is practicable under the circumstances. Each resident must be given written notice before the resident's room or roommate in the facility is changed./
Amend further, Section 44-81-40(J), page 3, line 43, by inserting /to discuss matters related to the facility, so long as the meeting does not disrupt resident care or safety/ before the period at the end of the subsection so that when amended this subsection reads:
/(J) The legal guardian, family members, and other relatives of each resident must be allowed immediate access to that resident, subject to the resident's right to deny access or withdraw consent to access at any time. Each resident without unreasonable delay or restrictions must be allowed to associate and communicate privately with persons of his the resident's choice and must be assured freedom and privacy in sending and receiving mail. The legal guardian, family members, and other relatives of each resident must be allowed to meet in the facility with the legal guardian, family members, and other relatives of other residents to discuss matters related to the facility, so long as the meeting does not disrupt resident care or safety./
Amend title to conform.
Rep. WOFFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
S. 123 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.
Rep. RHOAD moved to adjourn upon the following Bill until Tuesday, April 7, which was adopted.
S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4417 -- Rep. Gentry: A BILL TO REPEAL SECTION 4-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS MAKING IT UNLAWFUL FOR A COUNTY TREASURER TO PAY IMPROPERLY DRAWN ORDERS AND THE RESPONSIBILITY OF THE COMPTROLLER GENERAL TO REPORT OFFENDERS; AND TO REPEAL SECTION 11-3-180, RELATING TO THE OBSOLETE REQUIREMENT THAT THE COMPTROLLER GENERAL PRESCRIBE THE FORM OF LOCAL GOVERNMENT BOOKKEEPING, EXAMINE THE BOOKS OF COUNTY TREASURERS, AND REPORT RESULTS TO THE GENERAL ASSEMBLY.
The following Bill was taken up.
H. 4278 -- Rep. Corning: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION, AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6218.HC).
Amend the bill, as and if amended, in Section 2-19-70 as contained in Section 1, by inserting before /on/ on line 41 /seeking a pledge/ so that when amended, Section 2-19-70 reads:
/Section 2-19-70. No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the judicial screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee. For purposes of this section, indirectly seeking a pledge means the candidate or someone acting on behalf of and at the request of the candidate requesting a person to contact a member of the General Assembly seeking a pledge on behalf of the candidate./
Amend title to conform.
Rep. CORNING explained the amendment.
Reps. L. MARTIN and SMITH objected to the Bill.
Rep. CORNING continued speaking.
Rep. BAXLEY objected to the Bill.
Rep. BAXLEY moved to adjourn debate upon the Bill until Wednesday, April 1, which was adopted.
The following Bill was taken up.
H. 4183 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTION 15-78-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF CLAIMS AND ACTIONS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE FOR THE MANNER IN WHICH PAYMENT OF A CLAIM TO AN INCARCERATED CLAIMANT MUST BE MADE, AND TO PROVIDE FOR CERTAIN NOTICES TO THE SOLICITOR OF THE COUNTY WHERE THE CRIME INVOLVING THE CLAIMANT WAS COMMITTED AND TO ANY ASCERTAINABLE VICTIMS SO THAT ANY FINES OR RESTITUTION MAY BE COLLECTED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18881.SD), which was adopted.
Amend the bill, as and if amended, by striking subsection (C) of Section 15-78-90 of the 1976 Code, as contained in Section 1, and inserting:
/(C) Where a settlement or judgment is awarded to a claimant then incarcerated in a state, county, or municipal prison or detention facility, no payment may be made to the claimant until the claimant's release for any claim that arose during the claimant's incarceration./
Amend the bill further, as and if amended, by adding a new subsection (E) to Section 15-78-90 of the 1976 Code, as contained in Section 1, to read:
/(E) The provisions of this section in no way limits payment of attorney's fees or costs to an attorney retained by a claimant incarcerated in a state, county, or municipal prison or detention facility, or payment of the claimant's actual medical expenses, if the claim results in a settlement or judgment favorable to the incarcerated prisoner prior to his release./
Amend title to conform.
Rep. J. WILLIAMS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. WILLIAMS moved to adjourn debate upon the following Bill until Thursday, April 2, which was adopted.
S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
The following Bill was taken up.
H. 4174 -- Reps. Jennings, M. Martin and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT ANY PERSON UPON BEING ARRESTED FOR A VIOLATION OF SECTION 56-5-2930 AND TAKEN BY THE ARRESTING OFFICER TO A LOCATION FOR PURPOSES OF ADMINISTERING THE CHEMICAL TEST OF HIS BREATH MUST ALSO HAVE HIS CONDUCT AT THIS LOCATION VIDEOTAPED BY THE ARRESTING OFFICER OR ANOTHER MEMBER OF THE ARRESTING OFFICER'S DEPARTMENT, TO PROVIDE THAT A COPY OF THIS VIDEOTAPE MUST BE PROVIDED TO THE DEFENDANT UPON HIS REQUEST AND AT HIS EXPENSE BEFORE THE SCHEDULED TRIAL DATE AND IT IS ADMISSIBLE AS EVIDENCE BY EITHER SIDE IN THIS PROCEEDING, AND TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO THE VIDEOTAPING OF HIS CONDUCT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18977.SD).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-285. (A) In addition to any penalty imposed by law, including additional driver's license suspensions, the department shall suspend for ninety days the driver's license of a person under the age of twenty-one who operates a motor vehicle and who is determined to have a blood alcohol content of four one-hundredths of one percent or above.
(B) A person under the age of twenty-one who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath or blood for the purpose of determining the presence of alcohol.
(C) A law enforcement officer who has arrested a person under the age of twenty-one who is operating a motor vehicle for a violation of Chapter 5 of this Title (the Uniform Act Regulating Traffic on Highways), or any other traffic offense established by a political subdivision of this State, may order the testing of the person arrested to determine the presence of blood alcohol.
(D) Tests must be administered at the direction of the arresting officer. At the direction of the arresting officer, the person first must be offered two breath tests to determine the alcohol content of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. Only one blood test is required under the provisions of this section. The breath tests must be administered by a person trained and certified by the State Law Enforcement Division, using methods approved by the division. The arresting officer may not administer the tests. Blood tests must be administered by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to administer these tests in a licensed medical facility. Blood samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions, which shall include, but not be limited to, the following provisions:
(1) The test must be administered as soon as practicable after the arrest;
(2) prior to the first test, the person administering the test must observe the person to be tested for no less than twenty minutes;
(3) any sequential test shall not be administered less than five minutes after the first test;
(4) the test results may be used to prove a person's particular alcohol concentration if the pair of readings are from consecutively administered tests, and the readings do not differ from each other by an alcohol concentration greater than two one-hundredths of one percent; and
(5) the breath testing machine must be maintained and calibrated by SLED at intervals not more than every ninety days.
The costs of the tests administered at the direction of the arresting officer must be paid from the general fund of the State.
(E) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. No inference may be taken from a person's failure to request additional blood tests. The failure or inability of the person tested to obtain additional tests does not preclude the consideration of the tests or samples taken at the direction of the arresting officer. The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.
(F) A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administration of tests at the direction of a law enforcement officer are released from civil and criminal liability unless the obtaining of samples or the tests are performed in a negligent manner. No person may be required by the officer ordering the tests to obtain or take any sample of blood.
(G) If a person refuses, upon the request of the arresting officer, to submit to chemical tests as provided in subsection (D), none may be given and the Department of Highways and Public Transportation shall suspend his license or permit to drive, or any nonresident's operating privilege, for ninety days.
If a defendant under arrest, upon the request of the arresting officer, submits to chemical tests as provided in subsection (D), and both test results indicate a blood alcohol content of four one-hundredths of one percent or above, the department shall suspend his license or permit to drive or any nonresident's operating privilege for ninety days.
If the person is a resident without a license or permit to operate a motor vehicle in this State, the department shall deny to the person the issuance of a license or permit for ninety days after he would otherwise be eligible to be licensed. No tests may be administered or samples taken unless the person has been informed that he does not have to take the tests or give the samples, but that his privilege to drive must be suspended or denied for ninety days if he refuses to submit to the tests.
If both breath tests required by subsection (D) do not indicate a blood alcohol content of four one-hundredths of one percent or above, the person is considered not to have violated the provisions of this section.
(H) If the tests register a blood alcohol content of four one-hundredths of one percent or above, or if the person refuses to be tested, the arresting officer, acting as an agent for the department, shall immediately serve a notice and order of suspension on a person who refuses to submit to the tests or on a person who submits to the chemical tests the results of which both indicate a blood alcohol concentration of four one-hundredths of one percent or greater by weight of alcohol. The arresting officer shall take immediate possession of a license or permit issued by the department and the notice and order of suspension which he issues serves as a temporary license effective for twenty days.
A copy of the completed notice and order of suspension form and the driver's license taken into possession must be forwarded within two working days to the department by the officer along with a copy of the report.
The suspension period begins twenty days after the issuance of the notice and order of suspension. The notice and order of suspension must advise the defendant of the right to obtain a judicial review as provided in this section.
(I) The person arrested shall receive a judicial hearing before a magistrate, municipal judge or municipal recorder within twenty days of his arrest unless he waives his right to this judicial hearing in writing.
The hearing must be conducted in the manner provided by this section. If the person waives the judicial hearing or if he fails to appear at the hearing without just cause, the suspension based upon the arresting officer's report shall become final.
(J) The sole issues to be considered in a judicial review on the refusal to take the chemical test are whether:
(1) the person was placed under arrest;
(2) the person was informed that he did not have to take the tests, but that his privilege to drive must be suspended or denied if he refused to submit to the tests upon request of the arresting officer;
(3) the person refused to submit to the tests upon request of the arresting officer.
(K) The sole issues to be considered in a judicial review on the operation of a motor vehicle while the person under twenty-one years of age had a blood alcohol content of four one-hundredths of one percent or above are whether:
(1) the person was placed under arrest;
(2) the person was advised of the consequences of registering a blood alcohol content of four one-hundredths of one percent or above;
(3) the person registered a blood alcohol content of four one-hundredths of one percent or above on two consecutively administered tests and that there was not a variance of said tests of more than two one-hundredths of one percent;
(4) the individual taking samples or administering the tests was qualified in accordance with this section;
(5) the samples given and tests administered were given in accordance with this section.
The department after the judicial review, if any, shall order that the suspension, or determination that there should be a denial of issuance, either be rescinded or sustained. If the suspension is rescinded, the license must be promptly returned.
(L) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (B) of this section.
(M) When it is finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this State has been suspended, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license and shall forward the license to the appropriate state motor vehicle administrator.
(N) A person required to submit to tests by an arresting officer must be provided with a written report including the time of the incident, the time of the tests, and the results of the tests. A person administering a test at the request of the defendant shall record in writing the time, method, and results of the test and promptly furnish a copy to the arresting officer.
(O) A person whose driver's license is suspended under this section is not required to file proof of financial responsibility.
(P) In any criminal prosecution, only the lower breath test administered pursuant to this section shall be admissible as evidence."
SECTION 2. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-286. (A) In addition to any penalty imposed by law, including additional driver's license suspensions, the department shall suspend for ninety days the driver's license of a person twenty-one years or older who operates a motor vehicle and who is determined to have a blood alcohol content of fifteen one-hundredths of one percent or above.
(B) A person who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath or blood for the purpose of determining the presence of alcohol.
(C) A law enforcement officer who has arrested an operator of a motor vehicle for any offense arising out of acts alleged to have been committed while being under the influence of alcohol may order the testing of the person arrested to determine the presence of blood alcohol.
(D) Tests must be administered at the direction of the arresting officer. At the direction of the arresting officer, the person must be offered two breath tests, or a second test if a first test has already been given pursuant to the terms of Section 56-5-2950, to determine the alcohol content of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. Only one blood test is required under the provisions of this section. The breath tests must be administered by a person trained and certified by the State Law Enforcement Division, using methods approved by the division. The arresting officer may not administer the tests. Blood tests must be administered by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to administer these tests in a licensed medical facility. Blood samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions, which shall include, but not be limited to, the following provisions:
(1) The test must be administered as soon as practicable after the arrest;
(2) prior to the first test, the person administering the test must observe the person to be tested for no less than twenty (20) minutes;
(3) any sequential test shall not be administered less than five minutes after the first test;
(4) the test results may be used to prove a person's particular alcohol concentration if the pair of readings are from consecutively administered tests, and the readings do not differ from each other by an alcohol concentration greater than two one-hundredths of one percent; and
(5) the breath testing machine must be maintained and calibrated by SLED at intervals not more than every ninety days.
The costs of the tests administered at the direction of the arresting officer must be paid from the general fund of the State.
(E) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. No inference may be taken from a person's failure to request additional blood tests. The failure or inability of the person tested to obtain additional tests does not preclude the consideration of the tests or samples taken at the direction of the arresting officer. The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.
(F) A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administration of tests at the direction of a law enforcement officer are released from civil and criminal liability unless the obtaining of samples or the tests are performed in a negligent manner. No person may be required by the officer ordering the tests to obtain or take any sample of blood.
(G)(1) If a person under arrest refuses, upon the request of the arresting officer, to submit to chemical tests as provided in subsection (D) of this section, none may be given, but the department, on the basis of a report of the arresting officer that the arrested person was operating a motor vehicle in this State while under the influence of alcohol and that the person refused to submit to the tests shall suspend his license or permit to drive, or any nonresident operating privilege for a period of ninety days. If the person is a resident without a license or permit to operate a motor vehicle in this State the department shall deny to the person the issuance of a license or permit for a period of ninety days after the date of the alleged violation. The ninety-day period of suspension begins with the day the final determination is made pursuant to this section. The report of the arresting officer must include what grounds he had for believing that the arrested person had been operating a motor vehicle in this State while under the influence of alcohol.
Upon suspending the license or permit to drive or nonresident operating privilege of any person or upon determining that the issuance of a license or permit must be denied to the person, as hereinbefore in this section directed, the department shall notify immediately the person in writing and, upon his request, shall afford him an opportunity for a hearing in accordance with the State Administrative Procedures Act, except that the scope of the hearing for the purpose of this section must be limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the test but that his privilege to drive would be suspended or denied if he refused to submit to the test, and whether he refused to submit to the test upon request of the officer. The department shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained.
(2) If a defendant under arrest, upon the request of the arresting officer, submits to chemical tests as provided in subsection (D), and both test results indicate a blood alcohol content of fifteen one-hundredths of one percent or above, the department shall suspend his license or permit to drive or any nonresident's operating privilege for ninety days.
If both breath tests required by subsection (D) do not indicate a blood alcohol content of fifteen one-hundredths of one percent or above, the person is considered not to have violated the provisions of this section.
(H) If the tests register a blood alcohol content of fifteen one-hundredths of one percent or above, the arresting officer, acting as an agent for the department, shall immediately serve a notice and order of suspension on a person who submits to the chemical tests the results of which both indicate a blood alcohol concentration of fifteen one-hundredths of one percent or greater by weight of alcohol. The arresting officer shall take immediate possession of a license or permit issued by the department and the notice and order of suspension which he issues serves as a temporary license effective for twenty days.
A copy of the completed notice and order of suspension form and the driver's license taken into possession must be forwarded within two working days to the department by the officer along with a copy of the report.
The suspension period begins twenty days after the issuance of the notice and order of suspension. The notice and order of suspension must advise the defendant of the right to obtain a judicial review as provided in this section.
(I) The person arrested shall receive a judicial hearing before a magistrate, municipal judge or municipal recorder within twenty days of his arrest unless he waives his right to this judicial hearing in writing.
The hearing must be conducted in the manner provided by this section. If the person waives the judicial hearing or if he fails to appear at the hearing without just cause, the suspension based upon the arresting officer's report shall become final.
(J) The sole issues to be considered in a judicial review on the operation of a motor vehicle while the person had a blood alcohol content of fifteen one-hundredths of one percent or above are whether:
(1) the person was placed under arrest;
(2) the person was advised of the consequences of registering a blood alcohol content of fifteen one-hundredths of one percent or above;
(3) the person registered a blood alcohol content of fifteen one-hundredths of one percent or above on two sequential tests and that there was not a variance of said tests of more than two one-hundreds of one percent;
(4) the individual taking samples or administering the tests was qualified in accordance with this section;
(5) the samples given and tests administered were given in accordance with this section.
The Department after the judicial review, if any, shall order that the suspension, or determination that there should be a denial of issuance, either be rescinded or sustained. If the suspension is rescinded, the license must be promptly returned.
(K) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (B) of this section.
(L) When it is finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this State has been suspended, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license and shall forward the license to the appropriate state motor vehicle administrator.
(M) A person required to submit to tests by a law enforcement officer must be provided with a written report including the time of the incident, the time of the tests, and the results of the tests. A person administering a test at the request of the defendant shall record in writing the time, method, and results of the test and promptly furnish a copy to the arresting officer.
(N) A person whose driver's license is suspended under this section is not required to file proof of financial responsibility.
(O) In any criminal prosecution only the lower of the breath tests administered pursuant to this section shall be admissible as evidence."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-5-2951. Upon being arrested for a violation of Sections 56-5-2930, 56-5-2945, 56-1-285, or 56-1-286 and taken by the arresting officer to a location for purposes of administering the chemical test of his breath, a person must have his conduct at this location videotaped. This videotape shall include the entire breath test procedure. At the beginning of the videotape, the person arrested must be informed that he is being videotaped and of his rights pursuant to Section 56-5-2950. This videotape is admissible as evidence by either side.
However, nothing in this section shall be construed as prohibiting the introduction of other competent evidence in the trial of violation of Section 56-5-2930 or 56-5-2945. Failure by the law enforcement officers of the arresting jurisdiction to produce a videotape is not alone grounds for dismissal of any such charge if the arresting officer submits a signed affidavit certifying that the videotape equipment in the arresting jurisdiction was at the time of the arrest in an inoperable condition even though reasonable efforts had been made to maintain the equipment in an operable condition or, in the alternative, submits a signed affidavit certifying that it is physically impossible to produce a videotape due to exigent circumstances.
A fee of thirty-five dollars is assessed all individuals at the time of conviction of, pleading guilty or nolo contendere to, or forfeiting bond for Section 56-5-2930 or Section 56-5-2945. The fee shall be collected by the appropriate court official and remitted to SLED. The division shall administer the Implied Consent Program, including supplying and maintaining all necessary equipment, including videotaping and displaying at all breath testing sites and all applicable courts, and the division shall promulgate the necessary regulations to administer the Program. The division shall be authorized to receive funds remitted in accordance with this section, and to retain and expend such funds for the operation of the South Carolina Implied Consent Program as deemed necessary and appropriate by the division. The division shall be authorized to carry forward any unexpended funds received in accordance with this section as of June 30 of each year, and to expend such carried forward funds for the operation of the South Carolina Implied Consent Program. The division shall be required to report the revenue received under this section and the expenditures for which such revenue was used as required in the division's annual appropriation request to the General Assembly.
The division shall promulgate those regulations necessary to implement the provisions of this section."
SECTION 4. This act takes effect on July 1, 1993, except that the fee assessed by Section 56-5-2951 shall be collected starting from January 1, 1993 at the time of conviction of, pleading guilty or nolo contendere to, or forfeiting bond for violations of Sections 56-5-2930 or 56-5-2945./
Renumber sections to conform.
Amend title to conform.
Rep. NETTLES explained the amendment.
Rep. NETTLES spoke in favor of the amendment.
Rep. VAUGHN moved that the House do now adjourn, which was adopted.
Further proceedings were interupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. NETTLES having the floor.
At 12:55 P.M. the House in accordance with the motion of Rep. FULMER adjourned in memory of Dr. John Andrew Hamilton, to meet at 10:00 A.M. tomorrow.
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