Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the prayer of the Psalmist in Psalm 119(vv.17-20)(rendered in "The Living Bible" a Paraphrase):
"Bless me with life so that I can continue to
obey You... I am but a pilgrim here on
earth: How I need a map--- and your commands are
my chart and guide. I long for Your instructions
more than I can tell."
Let us pray.
O Lord, we know that You yearn that we, of our own free will, wish to come to a knowledge of the truth... and be liberated by the effects of truth.
We know that our world is like an unlighted stage until we come to see life with that singleness of purpose of which the psalmist speaks.
Open, O Lord, our minds, eyes that we may not only see the facts of our daily existence, but may have the ability to interpret the facts... and fashion a course of action that may lead to what the psalmist called..."wondrous things."
For the blessings of the open eyes... and the opened mind... we give You thanks.
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator FIELDING moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Martin
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Reese
Rose Russell Setzler
Smith, J.V. Stilwell Thomas
Washington Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 27, 1992
Mr. President and Members of the Senate:
Due to the resignation of the nominee, I respectfully request the withdrawal from your consideration the appointment below.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1993:
Mr. W. Thomas Lavender, Jr., Davis & Lavender, 1813 Main Street, Suite 1000, Columbia, South Carolina 29201 VICE Sheldon J. West (deceased)
Referred to the Committee on Finance.
March 30, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1996:
At-Large:
Ms. Jane Furman Pressly, 205 Rockingham Road, Greenville, South Carolina, 29607 VICE Harold W. Moody
Referred to the Committee on Medical Affairs.
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 Senator MARTIN, ordered printed in the Journal)
Senator HOLLAND introduced Dr. John B. DuBose of Camden, South Carolina, Doctor of the Day.
At 12:10 P.M., on motion of Senator MARTSCHINK, Senator SHEALY was granted a leave of absence for today.
Senator MARTIN rose to a Point of Privilege.
The following were introduced:
S. 1438 -- Senator Rose: A SENATE RESOLUTION TO ADD RULE 51 TO THE RULES OF THE SENATE, SO AS TO PROVIDE THAT A CURRENT MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE CONSIDERED FOR ADVICE AND CONSENT BY THE SENATE EXCEPT UNDER THE CIRCUMSTANCES PROVIDED IN THE RULE.
Be it resolved by the Senate of the State of South Carolina:
That the Rules of the Senate be amended by adding the following rule:
The Senate may not grant its advice and consent to a gubernatorial appointee who is a member of the General Assembly except as provided herein. Prior to consideration of an appointee, the member must either provide a written letter of resignation to take effect immediately or tender an irrevocable resignation to take effect in the future as provided by law. The irrevocable letter of resignation must contain an effective date of resignation which must occur on or before the date of consideration of the appointment. The appointee may not be considered by the Senate or any committee thereof, in executive session, or otherwise until a copy of the letter of resignation has been received by the Clerk. The provisions of this rule cannot be waived, modified, or suspended by unanimous consent."
Referred to the Committee on Rules.
S. 1439 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 32 OF THE RULES OF THE SENATE, RELATING TO EXECUTIVE SESSION, SO AS TO PROVIDE THAT A MEMBER OR ANY MEMBER OF HIS IMMEDIATE FAMILY MAY NOT BE PRESENT IN EXECUTIVE SESSION WHEN THE MEMBER'S NAME HAS BEEN SUBMITTED TO THE SENATE FOR ADVICE AND CONSENT WHILE THE APPOINTMENT IS UNDER CONSIDERATION.
Be it resolved by the Senate of the State of South Carolina:
That Rule 32 of the Rules of the Senate is amended by adding the following at the end:
"A member whose name has been submitted to the Senate for appointment to an office to which the Senate must grant advice and consent, and any immediate family member of that member, may not be present in executive session for consideration of the appointment.
For the purposes of this rule, `immediate family member' means:
(a) a child, whether or not that child resides in a member's household, and whether or not the child has reached the age of majority;
(b) a spouse of a member; or
(c) a parent of a member."
Referred to the Committee on Rules.
S. 1440 -- Senator Holland: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
Senator HOLLAND spoke on the Bill.
Read the first time and ordered placed on the Calendar without reference.
Senator MOORE, from the General Committee, submitted a favorable with amendment report on:
S. 922 -- Senator Setzler: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF LICENSES FOR COSMETOLOGISTS, SO AS TO CHANGE THE REFERENCE TO AN INDIVIDUAL LICENSE TO AN ACTIVE LICENSE AND TO PROVIDE FOR AN EXEMPTION FROM THE CONTINUING EDUCATION REQUIREMENT FOR COSMETOLOGISTS WITH MORE THAN TWENTY-FIVE YEARS' WORKING EXPERIENCE.
Ordered for consideration tomorrow.
Senator MOORE, from the General Committee, submitted a favorable with amendment report on:
S. 1204 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator STILWELL, from the General Committee, submitted a favorable report on:
S. 1205 -- Senator Drummond: A BILL TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendment report on:
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Ordered for consideration tomorrow.
Senator ROBERT W. HAYES, JR., from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4277 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from DuPont to attend a reception at the Marriott on Wednesday, April 29, 1992, from 6:00-8:00 P.M.
The invitation was accepted.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendment report on:
S. 1280 -- Senator Land: A BILL TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendment report on:
S. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendment report on:
S. 1320 -- Senators Land, Hinds, Passailaigue and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendment report on:
H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD 1253.005) previously proposed by Senator LOURIE and printed in the Journal of March 26, 1992.
Senator LOURIE asked unanimous consent to withdraw the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3048.001) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 7, Title 56 of the 1976 Code is amended by adding:
"Section 56-7-80. (A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity.
(B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons.
(C) An ordinance summons must cite only one violation per summons and must contain at least the following information:
(1) the name and address of the person or entity charged;
(2) the name and title of the issuing officer;
(3) the time, date, and location of the hearing;
(4) a description of the ordinance the person or entity is charged with violating;
(5) the procedure to post bond; and
(6) any other notice or warning otherwise required by law.
The ordinance summonses must be consecutively and discretely numbered. The ordinance summonses must be audited as part of the annual independent audit required in Section 4-9-150 for counties and in Section 5-7-240 for municipalities, and a separate copy of each audit must be furnished to the chief administrative officer of the county or municipality, as appropriate.
(D) Service of a uniform ordinance summons vests all magistrates' and municipal courts with jurisdiction to hear and dispose of the charge for which the ordinance summons was issued and served.
(E) Any law enforcement officer or code enforcement officer who serves an ordinance summons must allow the person served to proceed without first having to post bond or to appear before a magistrate or municipal judge. Acceptance of an ordinance summons constitutes a person's recognizance to comply with the terms of the summons.
(F) Any person who fails to appear before the court as required by an ordinance summons, without first having posted such bond as may be required or without having been granted a continuance by the court, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars nor imprisoned for more than thirty days. Any law enforcement agency processing an arrest made pursuant to this subsection must furnish such information to the State Law Enforcement Division as required by Chapter 3 of Title 23.
(G) This statute does not prohibit a county or municipality from enforcing ordinances by means otherwise authorized by law."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HINDS propose the following amendment (436\12317.DW), which was adopted:
Amend the bill, as and if amended, by striking Section 6-11-330 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 6-11-330. The governing body of a special purpose district, as defined in Section 6-11-1610, may contract with other governmental bodies of the State of South Carolina, which is vested with the authority, to provide storm drainage services and roads and highway related services, or both. Design, operation, maintenance, and management related work in this regard may be performed by a public service utility special purpose district. Original construction activities, however, only can be performed by the special purpose district through the competitive bid process."/
Amend title to conform.
Senator HINDS explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The amendment proposed by the Committee on Banking and Insurance (BIN3805.001) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Article 1, Chapter 63, Title 38 of the 1976 Code is amended by adding:
"Section 38-63-100. Notwithstanding any other provision of law, a bona fide charity or nonprofit corporation which is in compliance with the 'Solicitation of Charitable Funds Act' (Chapter 55 of Title 33) has an insurable interest in the life of an insured under a policy in which the charity or corporation is irrevocably named as a beneficiary.
The provisions of this section do not limit or abridge any insurable interest or right to insure now existing at common law or by statute, shall be construed liberally to sustain insurable interest and shall stand as a declaration of existing law applicable to all life insurance policies in existence on or after the effective date of this section."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator MARTIN explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFUL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.
H. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.
S. 246 -- Senator Lourie: A BILL TO AMEND SECTION 35-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER REPRESENTATIVES, SO AS TO BROADEN AND CLARIFY THE CATEGORIES OF PERSONS NOT REQUIRED TO POST BOND.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The amendment proposed by the Committee on Banking and Insurance (BIN246.002) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Section 35-1-510 of the 1976 Code, as last amended by Act 612 of 1990, is further amended to read:
"Section 35-1-510. (A) Registered broker-dealers, agents, investment advisers, and investment adviser representatives shall post surety bonds in amounts of fifty thousand dollars for broker-dealers and investment advisers and ten thousand dollars for agents and investment adviser representatives, conditioned that the registrant will comply with the provisions of this chapter and those orders and regulations as the commissioner may from time to time prescribe. The bond may be so drawn as to cover the original registration and any renewal of the registration. Any appropriate deposit of cash or securities must be accepted in lieu of the bond. Every bond must provide that no suit may be maintained to enforce any liability on the bond unless brought within three years after the sale or other act upon which the suit is based and must also provide that the liability of the surety on each bond to all persons aggrieved may in no event exceed in the aggregate the penal sum of the bond.
(B) Notwithstanding the provisions of subsection (A), investment advisers and investment adviser representatives shall post surety bonds in the amount of ten thousand dollars for investment advisers and five thousand dollars for investment adviser representatives where such persons:
(1) are registered with the Securities and Exchange Commission;
(2) do not have custody of or general power of attorney over their clients' funds and such lack of custody or power of attorney is specified by the client's agreement with the investment adviser or investment adviser representative. A limited power of attorney which does not allow custody over their client's funds does not require higher bonding requirements as provided in subsection (A); and
(3) file annually with the Securities Commissioner a current statement of financial condition.
No bond is required for persons broker-dealers or agents who are members of the National Association of Security Dealers, Inc., or the Securities Investor Corporation or for investment advisers or investment adviser representatives who in addition to the requirements of this subsection maintain professional liability insurance providing coverage for errors and omissions in the minimum amount of one hundred thousand dollars where such policy of insurance is approved by the commissioner."
SECTION 2. Section 35-1-1220 of the 1976 Code is amended to read:
"Section 35-1-1220. It is unlawful for any person who receives any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise, to:
(1) Employ to employ any device, scheme or artifice to defraud the other person; or ,
(2) Engage to engage in any act, practice or course of business which would operate as a fraud or deceit upon the other person,
(3) acting as principal for his own account, knowingly to sell any security to or purchase any security from a client, or acting as broker for a person other than such client, knowingly to effect any sale or purchase of any security for the account of such client, without disclosing to such client in writing before the completion of such transaction the capacity in which he is acting and obtaining the consent of the client to such transaction. The prohibitions of this subparagraph shall not apply to any transaction with a customer of a broker-dealer if such broker-dealer is not acting as an investment adviser in relation to such transaction; or
(4) to engage in dishonest or unethical practices as the commissioner may define by rule.
The commissioner may by rule or order adopt exemptions from item (3) of this section where such exemptions are consistent with the public interest and within the purposes fairly intended by the policy and provisions of this chapter."
SECTION 3. Section 35-1-1230 of the 1976 Code is amended to read:
"Section 35-1-1230. Except as may be permitted by rule or order of the commissioner, it It is unlawful for any investment adviser to enter into, extend or renew any investment advisory contract unless it provides in writing that:
(1) The investment adviser shall not be compensated on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client;
(2) No assignment of the contract may be made by the investment adviser without the consent of the other party to the contract; and
(3) The investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change.
Item (1) does not prohibit an investment advisory contract which provides for compensation based upon the total value of a fund averaged over a definite period, or as of definite dates or taken as of a definite time. "Assignment," as used in item (2), includes any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor; but, if the investment adviser is a partnership, no assignment of an investment advisory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business.
The commissioner may by rule or order adopt exemptions from the provisions of this section where such exemptions are consistent with the public interest and within the purposes fairly intended by the policy and provisions of this chapter."
SECTION 4. Section 35-1-20(6) of the 1976 Code, as last amended by Act 612 of 1990, is further amended to read:
"(6) "Investment adviser" means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. "Investment adviser" also includes financial planners and other persons who, as an integral component of other financially related services, provide the foregoing investment advisory services to others for compensation and as part of a business or who hold themselves out as providing the foregoing investment advisory services to others for compensation. "Investment adviser" does not include (a) a bank, savings institution or trust company, (b) a lawyer, accountant, engineer or teacher whose performance of these services is solely incidental to the practice of his profession, (c) a broker-dealer whose performance of these services is solely incidental to the conduct of his business as a broker-dealer and who receives no special compensation for them, (d) a publisher of any bona fide newspaper, news magazine or business or financial publication of general, regular and paid circulation, (e) a person whose advice, analyses or reports relate only to securities exempted by item (1) of Section 35-1-310, (f) a person who has no place of business in this State if (i) his only clients in this State are other investment advisers, broker-dealers, banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940, pension or profit-sharing trusts or other financial institutions or institutional buyers, whether acting for themselves or as trustees or (ii) during any period of twelve consecutive months he does not direct business communications into this State in any manner to more than five clients other than those specified in clause (i), whether or not he or any of the persons to whom the communications are directed is then present in this State or (g) such other persons not within the intent of this item as the Securities Commissioner may by rule or order designate."
SECTION 5. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator MARTIN explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (LCI3197.02) was adopted as follows:
Amend the bill, as and if amended, on page 1, by striking line 26 and inserting in lieu thereof:
/hotel or motel, the rooms,/
Amend the bill further, as and if amended, by adding to SECTION 1 of the bill the following:
/(C) The requirements of this section apply to any hotel or motel having twenty or more rooms, lodgings or accommodations furnished to transients for a fee./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (LCI3632.03) was adopted as follows:
Amend the bill, as and if amended, on page 2, line 2, by deleting the word "requirement" and adding the word "requirements".
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 446 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA PRODUCTIVITY AWARD TO RECOGNIZE MANUFACTURING COMPANIES, SERVICE COMPANIES, AND THE SMALL BUSINESSES OF SOUTH CAROLINA FOR THEIR CONTRIBUTIONS TO THE STATE ECONOMY THROUGH IMPROVEMENTS IN PRODUCTIVITY AND THE QUALITY OF THE WORK ENVIRONMENT.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (LCI446.01) was adopted as follows:
Amend the bill, as and if amended, by striking all after the title and inserting:
"Whereas, the manufacturing companies, service companies, and small businesses of South Carolina are a vital part of the state's economy and its prosperity;
Whereas, the State should recognize and reward companies, organizations, and persons who have made significant contributions to improving the quality and performance of their products, services, and markets while enhancing the quality of the work environment and employee morale;
Whereas, the State should recognize and reward these efforts through the creation of the South Carolina Quality and Performance Award. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly establish the South Carolina Quality and Performance Award beginning with the calendar year 1993 and continuing each year thereafter. Each county governing body may participate in the award by nominating a candidate to be the recipient of the award.
Be it further resolved that a selection committee is created to establish the guidelines and criteria for the nomination and selection of award recipients. The committee shall review all applications, and select the award recipient.
Be it further resolved that the selection committee is comprised of the Chairman of the Senate Labor, Commerce and Industry Committee, the Chairman of the House Labor, Commerce and Industry Committee, the Lieutenant Governor, the Governor, and the Chairman of the State Development Board. Each committee member may select a designee to serve on his behalf. Members shall elect a chairman and shall serve without compensation."
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.
Senator LEVENTIS explained the Joint Resolution.
On motion of Senator GIESE, with unanimous consent, the Resolution was carried over.
S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
On motion of Senator GIESE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator MOORE, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1389 -- Senators Mullinax, Nell W. Smith and Macaulay: A BILL TO AMEND SECTION 51-13-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SPECIAL PURPOSE DISTRICT, SO AS TO RENAME THE DISTRICT AND PROVIDE THAT IT SHALL BE KNOWN AS THE "PENDLETON DISTRICT HISTORICAL, RECREATIONAL, AND TOURISM COMMISSION"; AND TO AMEND SECTION 51-13-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SO AS TO PROVIDE THAT THE COMMISSION IS EMPOWERED TO SUE AND BE SUED, ADOPT AND USE A CORPORATE SEAL, CHARGE ADMISSION FEES, AND PRESCRIBE RULES AND REGULATIONS WITH RESPECT TO ITS FACILITIES, PURPOSES, AND AFFAIRS, TO EMPLOY PERSONNEL, ACQUIRE PROPERTY, RECEIVE GRANTS, AND TO CONDUCT ACTIVITIES TO PROMOTE TOURISM.
On motion of Senator MOORE, the Bill was recalled from the General Committee.
On motion of Senator MOORE, the Bill was ordered placed on the Calendar for consideration tomorrow.
At 1:05 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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