Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As we approach the Good Friday and Passover observances, cause us good Lord, to see anew to what extent our God will go to save His people. It is Your glory always to show mercy. From Your love and concern for Your children, You continually bless us in ways far beyond our deserving or even our understanding. From Your beneficent hand, we daily receive blessings such as our fathers neither knew nor dreamed of. Help us to use the unceasing blessings as good stewards: working earnestly, praying intently, serving diligently. In our efforts, strengthen us; in our difficulties, direct us; in our perils, defend us; in our troubles, support us.
We pray in full confidence that God will supply all our needs. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. COBB-HUNTER moved that when the House adjourns it adjourn in memory of Mrs. Ethel Lee Jamison, mother of Clerk's staff member Rosalind Jamison Harriot, which was agreed to.
The following was received.
TO: The Honorable John L. Scott, Jr.
FROM: Robert J. Sheheen, Speaker
SUBJECT: Committee Assignment
DATE: April 16, 1992
It is with pleasure that I am today appointing you to serve on the Rules Committee.
I deeply appreciate your time and efforts in serving on this committee.
Received as information.
The following were received and referred to the appropriate committees for consideration.
Document No. 1489
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Yard Trash and Land-Clearing Debris; and Compost
Received By Speaker April 15, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date August 13, 1992
Document No. 1488
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Waste Tires
Received By Speaker April 15, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date August 13, 1992
Document No. 1482
Promulgated By Board of Nursing
Remediation Required Prior to Rewriting the Licensure Exam for the Third or More Time
Received By Speaker April 15, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 13, 1992
The following were received.
Document No. 1398
Promulgated By Department of Health and Environmental Control
Environmental Health Inspections and Fees
Referred to House Committee on Ways and Means
120 day review expiration date May 13, 1992
Withdrawn and Resubmitted April 15, 1992
Document No. 1417
Promulgated By Board of Nursing
Nursing Education Programs
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 6, 1992
Withdrawn and Resubmitted April 15, 1992
Received as information.
The following was received.
Columbia, S.C., April 15, 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. 383:
S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., April 15, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendment proposed by the House to H. 3044:
H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF THE APPROPRIATED FUNDS; TO PROVIDE FURTHER FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO SUSPEND THE NURSING HOME BED FEE IMPOSED PURSUANT TO SECTION 44-7-84 OF THE 1976 CODE AND THE MEDICAID MEDICALLY NEEDY PROGRAM PURSUANT TO SECTION 44-6-155 OF THE 1976 CODE DURING FISCAL YEAR 1992-93; TO REDUCE THE MAXIMUM DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES TAX FROM TEN THOUSAND TO THREE THOUSAND DOLLARS DURING FISCAL YEAR 1992-93; AND TO EXTEND FOR THE 1992 TAXABLE YEAR ONLY THE PROVISIONS OF THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF THE PAYMENT TO A SKILLED OR INTERMEDIATE CARE NURSING HOME TO AN INSTITUTION PROVIDING NURSING FACILITY LEVEL CARE OR FOR PAYMENTS TO AN IN-HOME OR COMMUNITY CARE PROVIDER CERTIFIED BY A LICENSED PHYSICIAN TO MEET THE NURSING FACILITY LEVEL OF CARE.
Very respectfully,
President
On motion of Rep. BOAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BOAN, ROGERS and McABEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4434 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO ENACT THE "SOUTH CAROLINA LANDSCAPE IRRIGATION CONTRACTOR CERTIFICATION ACT", THEREBY PROVIDING A MEANS FOR CERTIFYING PERSONS WHO WISH TO ENGAGE IN THE PRACTICE OF LANDSCAPE IRRIGATION CONTRACTING, AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS, INCLUDING PROVISIONS FOR A CIVIL PENALTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4557 -- Rep. R. Young: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3203 -- Rep. McElveen: A BILL TO AMEND TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING CHAPTER 6 SO AS TO ENACT THE "UNIFORM PREMARITAL AGREEMENT ACT".
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4496 -- Reps. Wright, Wilder, Baxley, Manly, Kempe, Corning, Sharpe, Waldrop, Wells and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES; TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4761 -- Rep. Fair: A BILL TO AMEND TITLE 59, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEXTBOOKS BY ADDING ARTICLE 7 SO AS TO CREATE THE TEXTBOOK EXCELLENCE ACT.
Referred to Committee on Education and Public Works.
H. 4762 -- Reps. D. Elliott and M. Martin: A BILL TO AMEND SECTION 40-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND REEXAMINATION OF AN APPLICANT FOR A MECHANICAL CONTRACTOR'S LICENSE, SO AS TO AUTHORIZE THE LICENSING BOARD FOR CONTRACTORS TO ADMINISTER AN ORAL EXAMINATION UPON REQUEST OF AN APPLICANT.
Referred to Committee on Labor, Commerce and Industry.
H. 4763 -- Reps. M. Martin, K. Burch, Delleney, D. Elliott and Jennings: A BILL TO AMEND SECTION 40-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNAUTHORIZED PRACTICE OF LAW, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Referred to Committee on Judiciary.
H. 4764 -- Reps. Meacham, Inabinett, H. Brown, Hallman, Rama, McKay, Smith, D. Elliott, Stone, Byrd, G. Bailey, Neilson, Harvin, Kinon, Wright, Klapman, Riser, Wofford, Koon, Vaughn, Taylor, A. Young, Cato, Quinn, Wilkins, Harwell, J. Bailey, Littlejohn, Lanford, McCraw, G. Brown and Fair: A BILL TO ENACT THE TEXTBOOK REFORM ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-66 SO AS TO REQUIRE THE TEXTBOOK SELECTION COMMITTEE TO BE COMPOSED OF A MAJORITY OF LAY PERSONS WITH EXPERTISE IN THE AREA CONSIDERED; SECTION 59-31-35 SO AS TO EXPAND TEXTBOOK SELECTION CRITERIA; SECTION 59-31-45 SO AS TO PROVIDE FOR PUBLIC REVIEW AND COMMENTS FOR PROPOSED TEXTBOOKS AND INSTRUCTIONAL MATERIALS; AND SECTION 59-31-555 SO AS TO REQUIRE PUBLISHERS TO PROVIDE A CERTIFICATE OF ACCURACY FOR MATERIALS.
Referred to Committee on Education and Public Works.
H. 4765 -- Reps. Quinn, Rogers, Rama, Koon, McKay, Harwell, Houck, Shissias, Sturkie, Hodges, Harrison, Corning, Cromer, Klapman, Haskins and Kirsh: A JOINT RESOLUTION TO REPEAL A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 350 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INCLUDE RIVER GRAVEL IN ASPHALT USED IN PROJECTS APPROVED BY BID.
Rep. HARRISON asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. BAXLEY objected.
Referred to Committee on Education and Public Works.
H. 4766 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO DISADVANTAGED BUSINESS ENTERPRISES PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1440, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4767 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4768 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1473, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4769 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1471, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
On motion of Rep. MANLY, with unanimous consent, the following was taken up for immediate consideration:
H. 4770 -- Reps. Manly, Jaskwhich, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Mattos, Vaughn and Wilkins: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTHSIDE HIGH SCHOOL MATH TEAM OF GREENVILLE FOR WINNING FIRST PLACE IN TWO PRESTIGIOUS MATHEMATICS AND SCIENCE TESTS, BOTH AT THE UNIVERSITY OF SOUTH CAROLINA, AND ALLOW THE TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 30, 1992.
Whereas, the members of the General Assembly were delighted to learn that the Southside High School Math Team won first place in two prestigious mathematics and science tests, both from the University of South Carolina; and
Whereas, the team was awarded first place, Division II, in the University of South Carolina Mathematics Contest, on December 7, 1991; and
Whereas, the team was awarded first place, Division V, for winning the J.E.T.S. Test of Engineering Aptitude in Mathematics and Science, at the University of South Carolina College of Engineering, on March 20, 1992. Now, therefore,
Be it resolved by the House of Representatives:
That the Southside High School Math Team of Greenville and its coaches are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, April 30, 1992, for the purpose of being recognized for winning first place awards in two prestigious mathematics and science tests, both at the University of South Carolina.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Sheheen Shirley Shissias Smith Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, April 16.
E. B. McLeod Tim Wilkes Maggie W. Glover Danny M. Bruce John L. Scott, Jr. Charles Sharpe Kenneth S. Corbett R. Linwood Altman Alex Harvin, III
STATEMENTS OF ATTENDANCE
Reps. BEASLEY, CANTY and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 9.
Rep. FELDER signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, April 7.
Announcement was made that Dr. Ira B. Horton of Orangeburg is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4620 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL (SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY), RELATING TO JUVENILE TRAINING OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1446, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4621 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO LAW ENFORCEMENT EMERGENCY VEHICLE TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1403, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4266 -- Reps. Harvin and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.
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".
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.
Rep. CHAMBLEE moved to adjourn debate upon the following Bill until Thursday, April 23, which was adopted.
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.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 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.
S. 808 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-65 SO AS TO PROVIDE THAT DAMAGE TO A PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID OF AN INJURED EMPLOYEE AS THE RESULT OF AN INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT ENTITLES THE EMPLOYEE TO COMPENSATION ENSURING THAT THE PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID IS REPAIRED OR REPLACED.
S. 1405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO FAILURE OF EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1406 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BOAN moved to adjourn debate upon the following Joint Resolution until Tuesday, April 21, which was adopted.
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
The following Bill was taken up.
H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.
The Judiciary Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\CYY\19103.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 17-22-50 of the 1976 Code is amended to read:
"Section 17-22-50. A person may not be considered for intervention if he has previously been accepted into an intervention program nor may intervention be considered for those individuals charged with burglary, arson, kidnapping, blackmail, driving under the influence of intoxicating liquor or drugs, any traffic-related offense which is punishable only by fine or loss of points, or any fish, game, wildlife, or commercial fishery-related offense which is punishable by a fine or loss of eighteen points as provided in Section 50-9-1020, or any crime of violence as defined in Section 16-1-60. including, but not limited to murder, voluntary manslaughter, assault and battery with intent to kill, criminal sexual assault, or armed robbery. This However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 2. The 1976 Code is amended by adding:
"Section 17-22-55. As a condition of admission to the pretrial intervention program of any person charged with a fish, game, wildlife, or commercial fishery related offense which does not disqualify him for intervention, this person must pay an additional administrative charge equal to the maximum monetary fine which could be imposed for the offense which administrative charge must be deposited in the game and fish fund of the county where the offense was committed. Also, if any property was seized and confiscated at the time of the arrest for the offense, as a condition of admission to the pretrial intervention program, the offender must agree to the retention and sale of that property as provided by law by the law enforcement agency making the seizure. The proceeds from the sale must also be deposited in the game and fish fund of the county wherein the offense was committed."
SECTION 3. The 1976 Code is amended by adding:
"Section 50-9-115. Notwithstanding the provisions of Section 17-22-150, if a person is charged with a fish, game, wildlife or commercial fishery-related offense which allows him to be accepted into a pretrial intervention program, his hunting, fishing, wildlife or commercial fishing license must nevertheless be suspended, if required by law, in the same manner as if he were convicted of the offense. The circuit solicitor shall report to the department the acceptance into a pretrial intervention program of a person charged with one of these offenses."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KOON moved to adjourn debate upon the following Bill until Monday, May 4, 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.
The following Bill was taken up.
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.
Reps. FARR, FULMER, McCRAW and SMITH objected to the Bill.
The following Bill was taken up.
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.
Rep. TOWNSEND proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\9975.JM), which was adopted.
Amend the bill, as and if amended, page 3293-1 & 2, Section 56-5-4900, by striking last two words on line 44 page 1, page 2 line 1, strike up to be line 1 and inserting:
/weight, excluding gooseneck-type trailers, which are not equipped with brakes must be/
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. BENNETT spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. BENNETT spoke against the amendment.
Rep. BENNETT moved to table the amendment.
Rep. SHIRLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Beasley Beatty Bennett Boan Burch, K. Cobb-Hunter Corning Council Cromer Delleney Elliott, D. Fulmer Gonzales Hallman Harrelson Harris, J. Houck Jennings Kempe Keyserling Manly McTeer Rhoad Riser Rudnick Sheheen Shissias Stoddard Taylor Waites Wells Wilder Wilkes
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Baxley Brown, G. Brown, H. Bruce Byrd Canty Carnell Cato Chamblee Clyborne Cooper Corbett Elliott, L. Felder Foster Glover Harrison Harwell Haskins Hendricks Holt Hyatt Inabinett Keegan Kennedy Kinon Kirsh Klapman Lanford Littlejohn Marchbanks Martin, D. Martin, L. Mattos McCraw McElveen McKay McLeod Meacham Phillips Quinn Rama Ross Shirley Smith Snow Stone Townsend Tucker Vaughn Waldrop Whipper Williams, D. Wofford
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. McTEER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3832.AL), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 56-5-4110 of the 1976 Code is amended to read:
"56-5-4110. (A) No person shall operate on any a highway any a vehicle with any a load unless such the load and any covering thereon on it is securely fastened so as to prevent such the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
(B) Pulpwood or log haulers or trucks transporting pulpwood or logs from the forest to shipping points must be equipped with and use two tie down or cargo securement chains when hauling pulpwood or logs on the roads, streets, or highways of this State." /
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. BENNETT raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
Rep. McTEER argued contra the Point in stating that the last paragraph of the Bill dealt with the use of chains.
The SPEAKER stated that the Bill dealt with farm trailers and the Amendment dealt with log trucks and he sustained the Point of Order and ruled the Amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8273.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. For July 1, 1992, through June 30, 1993, the South Carolina Department of Health and Environmental Control may charge annually for environmental permits, licenses, or certificates required by the department under the Pollution Control Act, the Safe Drinking Water Act, the Hazardous Waste Management Act, the Oil and Gas Act, the Atomic Energy and Radiation Control Act, or department regulations, and the following provisions and schedule of fees apply:
(1) water pollution control:
(a) annual fees for NPDES and state construction permits for land application systems according to the type of wastewater treatment facility:
1. major facility with a flow greater than 2,000,000 gallons a day: $1,200;
2. major facility with a flow 1,000,000 - 1,999,999 gallons a day: $900;
3. minor facility with a flow 500,000 - 999,999 gallons a day: $750;
4. minor facility with a flow 100,000 - 499,999 gallons a day: $600;
5. minor facility with a flow 50,000 - 99,999 gallons a day: $450;
6. minor facility with a flow 0 - 49,999 gallons a day: $300;
7. multiple discharge permits with greater than five discharge points: $900 plus $450 for each discharge over five;
(b) water quality certification application fees:
1. federal and coastal zone certification: $500;
2. state, noncoastal zone certification: $75;
(c) construction permit fees:
1. pretreatment systems: $600;
2. collection systems:
a. nondelegated program: $250;
b. delegated program: $75;
(2) water supply operating permits:
(a) major facility serving more than 10,000 people: $800;
(b) major facility serving 5,000 - 10,000 people: $600;
(c) minor facility serving 1,000 - 4,999 people: $150;
(d) minor facility serving less than 1,000 people: $50;
Fees and expenses collected by the process provided in this item and item (1) must be deposited in the general fund for the operation of agency environmental programs.
Pursuant to the 1990 amendments to the Federal Clean Air Act, the source owner or operator shall pay an annual permit fee of eleven dollars a ton of regulated pollutant, up to a maximum of four thousand tons a year, based on actual emission during calendar year 1991. Funds generated from these fees must be retained by the agency and used to implement the Air Quality program and provisions of the Federal Clean Air Act;
(3) Laboratory services:
(a) application fee: $100;
(b) minimum annual fee for each laboratory: $100;
(c) Clean Water Act (CWA) inorganics: $20 for each parameter;
(d) Safe Drinking Water Act (SDWA) inorganics: $20 for each parameter;
(e) SDWA 'secondary inorganics': $20 for each parameter;
(f) CWA organics:
1. PCB's and pesticides: $250 for each subgroup;
2. herbicides: $250 for each subgroup;
3. violatiles: $250 for each subgroup;
4. semi-volatiles: $250 for each subgroup;
5. dioxins and furans: $250 for each subgroup;
(g) SDWA organics:
1. trihalomethanes: $250;
2. synthetic organic compounds: $500;
3. volatiles: $500;
(h) microbiology:
1. total coliform: $50;
2. fecal coliform: $50;
3. fecal streptococci: $50;
(i) biology:
1. toxicity testing: $500 for each species;
2. taxonomy: $250;
(j) solid and hazardous wastes (SW-846 methods): If a laboratory wishes to be certified to perform analyses using SW-846 methodology and that laboratory has paid fees to the program to perform analogous analyses under the CWA or SDWA, or both, the laboratory only may be assessed an annual fee of $500. However, if a laboratory wishes to perform analyses using SW-846 methodology only, that laboratory must be assessed an annual fee according to the formats listed for the CWA and the SDWA parameters, as applicable;
(4) radioactive material licenses:
1. low-level radioactive waste disposal: $275,000;
2. radioactive material manufacturing/processing: $27,000;
3. decontamination facilities: $3,000;
4. industrial radiography under reciprocity: $500;
5. low-level waste consolidation: $25,000;
6. low-level waste processing: $50,000.
All other radioactive material fees remain as listed in the Department of Health and Environmental Control Regulations 61-63 and 61-68;
(5) hazardous waste units: $600.
SECTION 2. This act takes effect upon approval by the Governor and authority granted the South Carolina Department of Health and Environmental Control by Section 1 of this act terminates June 30, 1993, or upon enactment of Section 39.24, Part I of the 1992-93 General Appropriations Act./
Amend title to conform.
Rep. MATTOS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The motion of Rep. CLYBORNE to reconsider the vote whereby the following Bill was rejected was taken up.
H. 3003 -- Rep. Wilder: A BILL TO AMEND SECTIONS 48-48-30, 48-48-60, AND 48-48-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL REGIONAL DISPOSAL FACILITY, SO AS TO EXTEND FROM 1992 TO 1994 THE YEAR AFTER WHICH THE WASTE WILL NOT BE ACCEPTED FROM OUT OF THE REGION UNDER CERTAIN CONDITIONS.
Rep. McTEER raised the Point of Order that the motion to reconsider the vote whereby H. 3003 was rejected was out of order in compliance with Rule 8.14 in that the Bill had already been twice decided in the negative by the House and therefore, could not be reconsidered.
Rep. CLYBORNE, citing Rule 8.14, argued contra the Point in stating that if the House shall refuse to reconsider or upon reconsideration shall affirm its first decision then that did not mean the Bill and that the first motion was the motion to table and that this was the Bill itself and that they were two separate decisions. He further stated that in between the two sequences the House refused to table motions all along which showed that the desire of the Body was not to affirm twice in the negative.
Rep. McTEER stated, citing Rule 8.14 which states that when a question shall have been once decided in the affirmative or negative, that that cleared this up. He further stated that it was not a question of whether the House tabled twice, but it was a question of how the House responded to the question and the House has twice responded to it in the negative.
Rep. CLYBORNE continued to argue contra the Point in stating that if the House shall refuse to reconsider or upon reconsideration shall affirm its first decision, then that was two separate decisions and that there were several motions in between decisions and that the House did not do the same things twice.
The SPEAKER stated that the House had affirmed its decision twice and that the House had tabled the Bill last week and the House rejected the Bill on Wednesday and that the procedural nature of the method of affirming its decision did not make a difference under the precedents. He further stated that the House had twice negatived and he sustained the Point of Order and ruled the motion out of order.
Rep. WOFFORD moved to adjourn debate upon the Senate amendments to the following Bill until Thursday, April 23, which was adopted.
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
The Senate amendments to the following Bill were taken up for consideration.
H. 3805 -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-100 SO AS TO PROVIDE THAT A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS IN COMPLIANCE WITH CHAPTER 55 OF TITLE 33 HAS AN INSURABLE INTEREST IN ANY LIFE INSURANCE POLICY IN WHICH IT IS IRREVOCABLY NAMED AS A BENEFICIARY.
Rep. QUINN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. WILKINS moved to dispense with the Motion Period.
As a first substitute Rep. McTEER moved to recall S. 1446 from the Ways and Means Committee.
As a second substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. FULMER moved to adjourn debate upon the following Bill until Tuesday, April 21, which was adopted.
H. 4290 -- Reps. Fulmer, R. Young, McAbee, H. Brown, G. Bailey, Corbett, Harrison, Holt, Wofford, Felder, D. Williams, Baker, Rama, Shissias, A. Young, Byrd, Wright, Corning, Carnell, Stone, Wilder, Keegan, Baxley and Phillips: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.
The following Bill was taken up.
S. 221 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ADDITIONAL COMMITTEE MEMBERS WHEN MEMBERS OF THE JUDICIARY ARE ELECTED.
Reps. McELVEEN, HODGES, BARBER and M.O. ALEXANDER proposed the following Amendment No. 2:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 2 of the 1976 Code is amended by adding:
Section 2-20-10. There is created a Judicial Nominating Commission (commission) to assist the General Assembly in the selection of qualified justices and judges to all judicial vacancies on the family court, circuit court, Court of Appeals, or Supreme Court.
(A) The commission consists of:
(1) three members elected by the House of Representatives, none of whom may be members of the General Assembly, and at least two of whom must be active members of the South Carolina Bar admitted to practice for at least five years and the remaining member may not be a lawyer;
(2) three members elected by the Senate admitted to practice for at least five years, none of whom may be members of the General Assembly and at least two of whom must be active members of the South Carolina Bar admitted to practice for at least five years and the remaining member may not be a lawyer;
(3) three members appointed by the Governor, none of whom are members of the General Assembly and one of whom must be an active member of the South Carolina Bar admitted for at least five years and the two remaining appointees may not be lawyers;
(B) The terms of office of all members are for three years, except those initially appointed have terms as follows: one member elected by the House of Representatives, one member elected by the Senate, and one member appointed by the Governor serve one year; one member elected by the House of Representatives, one member elected by the Senate, and one member appointed by the Governor serve two years, and one member elected by the House of Representatives, one member elected by the Senate, and one member appointed by the Governor serve three years. No member is eligible to succeed himself on the commission except members initially appointed to terms of two years or less may be reappointed for a full term. Vacancies on the commission must be filled for the remainder of the unexpired term in the same manner as provided for the original appointment or election.
(C) No member of the commission is eligible for nomination, election, or appointment as a judge or justice of the State court system while serving on the commission or for a period of three years after he ceases to be a member.
Section 2-20-20. The commission shall meet at least once annually and at such other times as may be designated by the chairman. The commission, at its first meeting and annually after that term, shall elect a chairman who shall serve for a term of one year and until his successor is elected and qualifies. Any member may succeed himself as chairman. The commission also, at its first meeting, shall organize and adopt rules for the purpose of governing its proceedings. Five members of the commission constitutes a quorum at all meetings. Upon the appropriation of sufficient funds by the General Assembly, the commission may employ such clerical and stenographic assistance as may be necessary to effectuate the provisions of this chapter.
Section 2-20-30. For purposes of this chapter, a vacancy is created on a family court, circuit court, Court of Appeals, or Supreme Court when any of the following occurs:
(1) an elected term expires;
(2) a new judicial position is created; or
(3) a judge can no longer serve due to resignation, retirement, removal, disability or death.
Section 2-20-40. (A) It is the responsibility of the commission to determine when judicial vacancies are to occur in the family court, circuit court, Court of Appeals, or Supreme Court and expeditiously to investigate in advance the qualifications of those who seek nomination.
(B) If possible, the commission must make nominations as provided below to the General Assembly during the opening week of the regular sessions of the General Assembly for vacancies which will occur in the normal course of events during that regular session of the General Assembly and before the next regular session of the General Assembly.
(C) In the case of vacancies not occurring in the normal course, the commission shall send to the General Assembly nominations for each vacancy as promptly as possible.
Section 2-20-50. The commission shall announce vacancies and forthcoming vacancies on the family court, circuit court, Court of Appeals, or Supreme Court. All persons who may desire to be considered for nomination as justice or judge may make application for consideration by the commission and a person or organization, except this commission or any member of this commission, may submit to the commission the name of a person whom it desires to be considered for nomination. The commission shall announce the names of those persons who have applied, or who have agreed to be considered. The commission shall establish procedures for, including, but not limited to:
(1) a receipt of public statements in support of, or in opposition to any of these candidates;
(2) by public hearings when the commission considers it necessary;
(3) meetings in executive session when the commission considers it necessary which must be conducted in accordance with the provisions of Chapter 4 of Title 30.
Section 2-20-60. (A) The commission is responsible for investigating and considering the ability and suitability of the candidates for judicial office on the family court, circuit court, Court of Appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas: constitutional qualifications, ethical fitness, professional and academic ability, character, reputation, physical health, mental stability, experience, and judicial temperament.
(B) The commission may receive the judicial evaluation information conducted by the South Carolina Bar on each candidate for judicial office from those who are the custodians of the data. In the event there has not been a survey on the candidate, the commission in its discretion may authorize the survey by the South Carolina Bar and may receive the judicial evaluation survey data. All of this data requested and received must be made available to the General Assembly which must be contained in the report of the commission. Any survey must be conducted at the expense of the Bar.
(C) The commission is authorized to obtain information relative to any candidate from any state agency or other group including, but not limited to, the State Court Administrator, any law enforcement agency, and the South Carolina Bar, to the extent permitted by law, and have the power to issue subpoenas requiring the appearance of persons or the production of documents or other tangible things.
Section 2-20-70. (A) After careful consideration of the ability and suitability of each candidate for a judicial vacancy, the commission shall submit to the General Assembly the names of nominees, with its recommendation as to whether each is "qualified for the judicial office under consideration", "highly qualified for the judicial office under consideration", or "not qualified for the judicial office under consideration".
Section 2-20-80. (A) No candidate for a family court, circuit court, Court of Appeals, or Supreme Court judgeship, including a sitting judge, may directly or indirectly campaign among, or lobby, members of the General Assembly for election or re-election to judicial position until such time as the Commission has submitted its nominations to the General Assembly.
(B) No person, at any time, may directly or indirectly seek a pledge from any member of the General Assembly, whether on his own behalf or on behalf of another person, for any candidate or nominee for a vacancy on the family court, circuit court, Court of Appeals, or Supreme Court until such time as the commission has submitted its nominations to the General Assembly.
(C) No member of the General Assembly, at any time, may directly or indirectly pledge his vote to any candidate or nominee for a vacancy on the family court, circuit court, Court of Appeals, or Supreme Court until such time as the commission has submitted its nominations to the General Assembly.
Section 2-20-90. (A) The commission shall adopt, with the approval of the General Assembly, rules and regulations as are necessary to the purposes of the commission. The rules and regulations shall address, among other things, the confidentiality of records and other information received concerning candidates for judicial office, prohibition against ex parte communications with individual members of the commission concerning the qualifications of candidates, and the conduct of proceedings before the commission.
(B) The commission may employ such clerical, investigative, stenographic, and staff assistance as may be necessary to perform its duties."
SECTION 2. (A) This act takes effect upon the appropriation of funds by the General Assembly to permit the commission to perform as anticipated by this Act.
(B) When this Act takes effect, as aforesaid, the Title 2, Chapter 19, as it relates to judicial officers is modified as follows:
1) Section 2-19-10 is amended by deleting the words "of the judiciary";
2) Section 2-19-20 is amended by adding the words "except for the judiciary" after the word "office" on the first line;
3) Sections 20-19-70 and 20-19-80 are repealed./
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. BENNETT moved to reconsider the vote whereby H. 3293 was given a second reading and the motion was noted.
Rep. WILKINS spoke against the amendment.
Rep. VAUGHN spoke upon the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. HODGES continued speaking.
Rep. J. BAILEY spoke in favor of the amendment.
Rep. BEATTY spoke against the amendment.
Reps. WELLS and WOFFORD spoke in favor of the amendment.
Rep. WILKINS moved to adjourn debate upon the amendment, which was adopted by a division vote of 70 to 22.
Rep. HOLT moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 58 to 36.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
At 12:00 Noon the House in accordance with the motion of Rep. COBB-HUNTER adjourned in memory of Mrs. Ethel Lee Jamison, mother of Clerk's staff member Rosalind Jamison Harriot, to meet at 12:00 Noon Tuesday, April 21, in Statewide Session.
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