Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
All wise God, our Help for each new day and our Hope for every unknown tomorrow, make us to know that when we turn from You is to fall, but to abide in You is to stand unshaken. May Your truths be our shield and Your presence our strength. Inspire us with an ever increasing loyalty and devotion to the ideals and principles which You have ordained for the good of all mankind. Give to the members of this legislative body enough strength to carry the responsibilities placed upon them. And thus make us unfailing channels through which Your plans and purposes are accomplished. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. D. SMITH moved that when the House adjourns, it adjourn in memory of Richard E. Mitchell of Spartanburg, which was agreed to.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1138:
S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH CAROLINA, TO PROVIDE THE MEMBERSHIP AND PURPOSE OF THAT ADVISORY COMMITTEE, AND TO PROVIDE FOR ITS DISSOLUTION UPON COMPLETION OF ITS WORK.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1251:
S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1345:
S. 1345 -- Senator Saleeby: A BILL TO AMEND SECTION 4-9-39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF ASSETS OF FORMER LIBRARIES, SO AS TO DELETE THE PROVISION REQUIRING SUCH TRANSFERRED ASSETS AND PROPERTY TO BE USED EXCLUSIVELY FOR LIBRARY PURPOSES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4625:
H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4036:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Very respectfully,
President
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received and referred to the appropriate committee for consideration.
Document No. 1781
Promulgated By Budget and Control Board
Data Release for Medical Encounter Data & Financial Reports
Received By Speaker May 23, 1994
Referred to House Committee on Ways and Means
120 Day Review Expiration Date April 29, 1995
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5227 -- Reps. Govan, Inabinett, Neilson, McElveen, Hutson, J. Brown, Wofford, Neal, Shissias and Wells: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONTINUE TO EXAMINE THE FAIRNESS OF THE CHILD SUPPORT GUIDELINES, PARTICULARLY WITH RESPECT TO THE SPECIFIC CATEGORIES WHICH MAKE UP THE CHILD SUPPORT GUIDELINES AMOUNT AND TO REPORT ITS FINDINGS TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE GENERAL COMMITTEE BY NOVEMBER 1, 1994, FOR CONSIDERATION FOR POSSIBLE SUBMITTAL AS PROPOSED REGULATIONS.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1418 -- Senators Lander, Setzler and Matthews: A CONCURRENT RESOLUTION TO COMMEND THE ESTABLISHMENT OF THE DISABILITY COALITION OF SOUTH CAROLINA AND RECOGNIZE AND ENCOURAGE ITS ROLE TO ADVOCATE FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES TO ASSURE EQUALITY OF OPPORTUNITY, FULL PARTICIPATION, INDEPENDENT LIVING, AND ECONOMIC SELF-SUFFICIENCY AND TO FURTHER ENSURE THAT THE STATE OF SOUTH CAROLINA PLAY AN ONGOING ROLE IN ENFORCING THE SPIRIT AND STANDARDS OF THE AMERICANS WITH DISABILITIES ACT IN THE CRITICAL AREAS OF TRANSPORTATION, COMMUNICATION, PUBLIC ACCOMMODATIONS, EDUCATION, EMPLOYMENT, HOUSING, RECREATION, HEALTH SERVICES, VOTING, AND ACCESS TO PUBLIC SERVICES ON BEHALF OF INDIVIDUALS WITH DISABILITIES.
Ordered for consideration tomorrow.
The following was introduced:
H. 5229 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE FORENSICS TEAM OF SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON ATTAINING STATUS AS THE STATE'S LEADING FORENSICS CHAPTER FOR 1994 IN THE NATIONAL FORENSICS LEAGUE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5230 -- Rep. Jaskwhich: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.
Rep. H. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 9 to 0.
On motion of Rep. H. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1994 PRIMARIES TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT AND TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT BE REDUCED IN NUMBER FROM NINE MEMBERS TO FIVE MEMBERS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS UTILIZED FOR THE ELECTION OF THE MEMBERS OF THE OCONEE COUNTY COUNCIL.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1423 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE CROP PEST COMMISSION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF PHYTOPHAGOUS SNAILS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. RHOAD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1425 -- Senators Courson, Patterson, Giese and Jackson: A BILL TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; AND TO REPEAL ACT 69 OF 1963, AS AMENDED, RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.
Referred to Richland Delegation.
The following was introduced:
H. 5231 -- Reps. Rogers and Harrelson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF B. B. CAVE OF COLLETON COUNTY WHO DIED TUESDAY, MAY 10, 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Barber Baxley Beatty Breeland Brown, H. Brown, J. Carnell Cato Chamblee Cobb-Hunter Cooper Corning Delleney Fair Farr Fulmer Gamble Gonzales Graham Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Littlejohn Marchbanks McAbee McCraw McKay McMahand Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Robinson Rudnick Scott Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Wofford Worley Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, May 25.
Curtis B. Inabinett William D. Witherspoon John W. "Bill" Riser Timothy F. Rogers Robert W. Harrell, Jr. Joseph H. Neal James N. Law Richard M. Quinn, Jr. James G. Mattos Douglas E. McTeer, Jr. Charles R. Sharpe Harry M. Hallman, Jr. G. Ralph Davenport, Jr. H. Howell Clyborne, Jr. June S. Shissias Grady A. Brown David A. Wright Thomas E. Huff James L.M. Cromer, Jr. Larry L. Elliott Joseph T. McElveen, Jr. E.B. McLeod, Jr. C. Lenoir Sturkie William D. Boan Jerry N. Govan, Jr. John J. Snow, Jr. Morgan Martin Larry L. Koon John G. Felder Alma W. Byrd C. Alex Harvin, III Ralph W. Canty James J. Bailey
LEAVE OF ABSENCE
The SPEAKER granted Rep. BREELAND a leave of absence for the day.
Reps. McLEOD, MARTIN and JASKWHICH signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 24.
Announcement was made that Dr. Ned Nicholson of Edgefield is the Doctor of the Day for the General Assembly.
The SPEAKER appointed Rep. HODGES in lieu of Rep. HARRISON to the Conference Committee on the following Bill:
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5228 -- Rep. Stone: A BILL TO PROHIBIT THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FROM INCREASING ITS ANNUAL BUDGET MORE THAN FIVE PERCENT FROM THE PREVIOUS FISCAL YEAR WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT APPROVING THE INCREASE.
H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.
H. 4432 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVICTION PROCEDURES, SO AS TO CHANGE THE TERM "EVICTION NOTICE" TO "WRIT OF EVICTION OR EJECTMENT" AND TO REPEAL SECTION 27-40-735, A DUPLICATIVE PROVISION RELATING TO PROPERTY OF EVICTED TENANTS.
Rep. GONZALES explained the Bill.
S. 884 -- Senators Hayes, Lander, Leventis and Wilson: A BILL TO AMEND SECTION 38-65-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE AND COVERAGE OF FAMILIES OF EMPLOYEES AND MEMBERS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF INSURANCE WITH RESPECT TO A SPOUSE OR CHILD.
Rep. NEILSON explained the Bill.
The following Bill was taken up.
H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.
Reps. McMAHAND, HINES, ANDERSON, INABINETT and NEAL objected to the Bill.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.
The following Bill was taken up.
H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.
Rep. GONZALES objected to the Bill.
The Bill was read the third time and ordered sent to the Senate.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4841 -- Reps. Neal, McMahand, G. Brown, Scott, Beatty, Cooper, Govan, Waites, P. Harris, Breeland, Harrison, Stille, Shissias, Tucker, Wofford, Hallman, McElveen, Carnell, Sharpe, Davenport, Koon, Kennedy, McTeer, Richardson, Harvin, Chamblee, McLeod and Askins: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.
H. 4975 -- Rep. Rogers: A BILL TO AMEND SECTION 37-2-207, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT WITH CERTAIN EXCEPTIONS FORTY PERCENT OF THE SCHEDULED MINIMUM PAYMENT FOR REVOLVING CHARGE ACCOUNTS ON CONSUMER CREDIT SALES MUST BE APPLIED TO PRINCIPAL REDUCTION, SO AS TO SPECIFY CERTAIN SITUATIONS WHICH ARE NOT CONSIDERED VIOLATIONS OF THIS REQUIREMENT.
H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 26, which was adopted.
S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
The following Bill was taken up.
H. 5158 -- Rep. Kirsh: A BILL TO AMEND SECTION 51-13-860 OF THE 1976 CODE, RELATING TO THE LOAN AUTHORIZED FOR THE SETTLEMENT OF CLAIMS AGAINST PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO REDUCE THE MAXIMUM AUTHORIZED AMOUNT FROM SIX MILLION DOLLARS TO FIVE MILLION SIX HUNDRED THOUSAND DOLLARS AND TO PROVIDE FOR THE TRANSFER OF FOUR HUNDRED THOUSAND DOLLARS OF THE LOAN PROCEEDS HELD BY THE STATE BUDGET AND CONTROL BOARD TO THE ECONOMIC DEVELOPMENT ACCOUNT.
Reps. GONZALES, FULMER, McABEE, INABINETT, HOLT and J. BAILEY objected to the Bill.
The following Bill was taken up.
S. 1377 -- Senators Washington and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.
Rep. SIMRILL moved to adjourn debate upon the Bill until June 1.
Rep. KEYSERLING moved to table the motion, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5914HTC.94), which was adopted.
Amend the bill, as and if amended, by striking Section 16-13-437, as contained in SECTION 1, and inserting:
/Section 16-13-437. It is unlawful for a person knowingly to make a false statement or representation with respect to the person's individual or family income to a public housing agency in obtaining or retaining public housing or with respect to the determination of rent due from the person for public housing. For purposes of this section public housing includes private housing provided through a housing program managed by a public housing agency. A person violating this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than two years or fined not more than one thousand dollars and the person convicted must be ordered to pay restitution to the public housing agency./
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS.
Reps. T.C. ALEXANDER and WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6106HTC.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 35-1-440 of the 1976 Code, as last amended by Act 612 of 1990, is further amended by adding at the end:
"For all applicants who are not members of the National Association of Securities Dealers (NASD), a criminal record history must be obtained, at the rate set by law, from the South Carolina Law Enforcement Division on an applicant's initial application for registration under this section. All convictions of misdemeanors involving a security or any aspect of the securities business and all felonies recorded within ten years of the date of the application must be noted on the registration."/
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. M.O. ALEXANDER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9280JM.94), which was adopted.
Amend the bill, as and if amended, page 2, by striking lines 5 through 7 and inserting:
/SECTION 2. Section 40-68-40(B) of the 1976 Code, as added by Act 169 of 1993, is amended to read:
"(B) The department shall conduct a background investigation of each individual applicant and of each controlling person of each applicant and require fingerprinting of each applicant and each controlling person to determine whether the applicant or controlling person is qualified under this chapter. The department may deny an application for the issuance or renewal of a license if it finds that a controlling person is not qualified under this chapter. The investigation may shall include:
(1) the submission of fingerprints for processing through appropriate local, state, and federal law enforcement agencies; and
(2) examination by the department, if necessary, of police or other law enforcement records maintained by local, state, or federal law enforcement agencies."
SECTION 3. Section 1 of this act takes effect July 1, 1994 and applies with respect to initial applications for registration filed after June 30, 1994. Section 2 of this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. T.C. ALEXANDER moved to adjourn debate upon the Bill until Thursday, May 26, which was adopted.
The following Bill was taken up.
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9202JM.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-75-310(5) of the 1976 Code is amended to read:
"(5) 'Coastal area' means:
(a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;
(b) the following areas in Georgetown County: Cedar Island, DeBordieu Beach, Litchfield Beach, South Island, Pawley's Island, Retreat Beach, North Island, Magnolia Beach, and Garden City; and all areas between the Harrell Siau Bridge and Murrells Inlet which are east of a line paralleling and lying one hundred fifty feet east of U.S. Highway No. 17 Business and all areas in Murrells Inlet which are east of U.S. Highway No. 17 Business;
(c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U. S. Highway No. 17 (Kings Highway) Business;
(d) the following areas in Charleston County: Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the city of Charleston which are east of the west bank of the intracoastal waterway.
(e) Notwithstanding any other provision of law, the Chief Insurance Commissioner is authorized to change the areas set forth in subitems (a) through (d) of this item (5) from time to time as the commissioner considers necessary in order to maintain an orderly market operation of the South Carolina Wind and Hail Underwriting Association."
SECTION 2. Section 38-75-310(1) of the 1976 Code, as last amended by Act 469 of 1990, is further amended to read:
"(1) 'Essential property insurance' means insurance against direct and indirect loss to property as defined and limited in the wind and hail insurance policy and forms approved by the commissioner."
SECTION 3. Section 38-43-106 of the 1976 Code, as added by Act 141 of 1991, is amended by adding an appropriately lettered subsection to read:
"( ) The continuing insurance education requirements of this section also apply to persons licensed as adjusters, as well as applicants for such licensure, pursuant to Chapter 47 of this title, and the Chief Insurance Commissioner shall promulgate appropriate regulations giving effect to the provisions of this subsection."
SECTION 4. Chapter 47, Title 38 of the 1976 Code is amended by adding:
"Section 38-47-90. Persons licensed as adjusters, as well as applicants for such licensure, pursuant to the provisions of this chapter are subject to the completion of continuing insurance education as required and provided for insurance agents pursuant to Section 38-43-106. The Chief Insurance Commissioner shall promulgate appropriate regulations giving effect to the provisions of this section."
SECTION 5. This act takes effect upon approval by the Governor, except for Sections 3 and 4, which take effect May 1, 1996./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9196JM.94), which was adopted.
Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 and inserting:
/SECTION 1. Section 27-40-410 of the 1976 Code is amended to read:
"Section 27-40-410. (a) Upon termination of the tenancy, property or money held by the landlord as security may be applied to the payment of must be returned less amounts withheld by the landlord for accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.
(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a) required to be paid to the tenants under this chapter, the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.
(c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with Section 27-40-510.
(d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.
(e) Subject to the provisions of Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. KENNEDY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16273AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 27-40-410(a) and inserting:
/(a) Upon termination of the tenancy, property or money held by the landlord as security may be applied to the payment of must be returned less amounts withheld by the landlord for accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. The owner of a storage facility of any kind wheresoever located in this State may also require of a person laying claim to any of the contents of the storage facility that the claimant pay to the owner of the storage facility all unpaid rents due for the use of the facility before taking possession of the contents. The owner of the storage facility is not responsible for any property taxes that may be due on any contents that have been in storage in the facility. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address./
Amend title to conform.
Rep. KENNEDY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. SCOTT, McMAHAND, HINES, MOODY-LAWRENCE and ANDERSON withdrew their objections to the following Bill.
H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.
Rep. SIMRILL withdrew his objection to H. 4313 however, other objections remained upon the Bill.
Rep. SIMRILL withdrew his objection to S. 292 however, other objections remained upon the Bill.
Rep. ROBINSON withdrew his objection to the following Bill.
H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.
The motion of Rep. RICHARDSON to reconsider the vote whereby the following Bill was tabled was taken up and agreed to.
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
On motion of Rep. ASKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1373 -- Senator McGill: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.
On motion of Rep. HODGES, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 581 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN HONORABLY DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER SUCH DISCHARGE OR SEPARATION FROM SERVICE UP TO 5:00 P.M. ON THE DAY OF THE ELECTION; AND TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTORS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS, PERSONS SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY, AND PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER MAY VOTE BY ABSENTEE BALLOT.
Rep. KEEGAN asked unanimous consent to recall S. 1134 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. J. BROWN asked unanimous consent to recall H. 4533 from the Committee on Judiciary.
Rep. TROTTER objected.
On motion of Rep. BOAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 741 -- Senators Land and Giese: A BILL TO AMEND CHAPTER 43, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT AND EQUALIZATION OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE FOR THE COUNTY BOARD OF APPEAL IN MATTERS RELATING TO VALUATION OF PROPERTY AND APPEALS FROM THE FINDING OF THE BOARD TO THE TAX COMMISSION AND TO PROVIDE THE PROCEDURES APPLICABLE TO THESE APPEALS; AND TO AMEND SECTION 12-37-90, RELATING TO THE DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE ADDITIONAL DUTIES FOR THE ASSESSOR RELATING TO THE KEEPING OF AN APPEAL LOG BOOK AND TAX MAPPING.
On motion of Rep. BOAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 742 -- Senator Land: A BILL TO AMEND SECTION 12-4-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA TAX COMMISSION WITH RESPECT TO THE APPRAISAL, ASSESSMENT, AND EQUALIZATION OF CERTAIN BUSINESS PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE COMMISSION SHALL PERFORM SUCH FUNCTIONS FOR ONLY THOSE DISTRIBUTION FACILITIES WITH MORE THAN ONE HUNDRED THOUSAND SQUARE FEET OF BUILDING SPACE OR WHICH QUALIFY FOR THE DISTRIBUTION FACILITY EXEMPTION; TO PROVIDE THAT THE COMMISSION SHALL PERFORM THESE FUNCTIONS FOR ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND TRANSPORTATION COMPANIES FOR HIRE, TO PROVIDE THAT THE VALUE OF PROPERTY ASSESSED BY THE UNIT VALUATION METHOD MUST BE DISTRIBUTED ON THE BASIS OF GROSS INVESTMENT EXCEPT WHERE OTHERWISE STATED, AND TO PROVIDE FOR THE APPRAISAL AND ASSESSMENT OF LEASED PROPERTY.
Rep. MATTOS asked unanimous consent to recall H. 4273 from the Committee on Judiciary.
Rep. HODGES objected.
Rep. KEEGAN asked unanimous consent to recall H. 3340 from the Committee on Judiciary.
Rep. HODGES objected.
Rep. ELLIOTT asked unanimous consent to recall H. 4374 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
On motion of Rep. HODGES, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1227 -- Senator McConnell: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
Rep. WALKER asked unanimous consent to recall S. 1315 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WELLS objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
Rep. G. BAILEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20950SD.94), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 2, 3, and 4 and inserting:
/SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT A COVERED CLAIM DOES NOT INCLUDE ANY CLAIM FILED WITH THE ASSOCIATION AFTER THE FINAL DATE SET BY A COURT FOR THE FILING OF CLAIMS AGAINST THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR ANY CLAIM FILED WITH THE ASSOCIATION MORE THAN EIGHTEEN MONTHS AFTER THE DECLARATION OF INSOLVENCY, WHICHEVER DATE OCCURS FIRST.
Rep. J. BAILEY explained the Senate amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4497 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT AN AUTOMOBILE INSURANCE POLICY INCLUDES A MOTOR VEHICLE LIABILITY POLICY DEFINED IN SECTION 56-9-20 AND ANY NAMED NONOWNER AUTOMOBILE INSURANCE POLICY.
Reps. RHOAD, SNOW, STODDARD, FELDER, G. BROWN and TROTTER proposed the following Amendment No. 1, which was adopted.
Amend the bill, as and if amended, by:
Striking SECTION 3 in its entirety.
Amend title to conform.
Rep. RHOAD explained the amendment.
Reps. J. BAILEY and FELDER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. CHAMBLEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Brown, G. Brown, H. Carnell Cato Chamblee Cobb-Hunter Cooper Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Houck Huff Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McLeod McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Young, A. Young, R.
Those who voted in the negative are:
So, the amendment was adopted.
Reps. RICHARDSON, R. SMITH, FELDER, G. BROWN, McLEOD, WALKER and WALDROP proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9264JM.94), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The title of Article 5, Chapter 77, Title 38 of the 1976 Code is amended to read:
SECTION 2. The title of Section 38-77-590 of the 1976 Code is amended to read:
SECTION 3. Section 38-77-590 of the 1976 Code, as last amended by Act 524 of 1990, is further amended to read:
"Section 38-77-590. (a) Not more than six months after July 9, 1974, or at an earlier time as the Commissioner considers necessary by reason of complaints regarding want of access to automobile insurance in particular areas or want of outlets for producers, the Commissioner shall survey the various areas of the State to ascertain if sufficient marketing outlets exist in all areas or are available to all producers. Upon a finding by the Commissioner that insufficient marketing outlets exist in particular areas or that certain producers have been deprived of a market for risks previously serviced by them, the Commissioner may, after consultation with the Facility, designate one or more insurers to service the areas through agents appointed by them or may designate the producers as the agents of any insurer. The arrangements shall include provision for one hundred percent quota share reinsurance through the Facility of any automobile insurance policy marketed through the arrangements, at the option of the insurer, and the reinsurance is not subject to the statutory provisions or regulations regarding excessive utilization of the Facility. The commissioner, after consultation with the governing board of the Reinsurance Facility, shall direct the governing board to contract with one or more insurers meeting eligibility requirements promulgated by the governing board to act as servicing carriers for the writing of automobile insurance through producers assigned to the servicing carrier by the governing board. The contract shall include provisions for one hundred percent quota share reinsurance through the facility of any automobile insurance policy ceded to the facility. The governing board may establish reasonable nondiscriminatory standards which all servicing carriers must meet for contract renewal. The servicing carriers shall not be subject to the statutory provisions or regulations regarding excessive utilization of the Reinsurance Facility for policies produced by its assigned servicing agents. The servicing carrier shall cede the risk on every policy of automobile insurance produced by its assigned servicing agents for the Reinsurance Facility.
(b) After the effective date of this section, those producers previously designated by the Commissioner may continue to serve in that capacity under the jurisdiction and control of the governing board of the Facility, except that After October 1, 1994, producers previously designated by the commissioner or the governing board may continue to serve in the capacity of a servicing agent for the Reinsurance Facility and shall not be required to requalify or reapply for assignment under the provisions of subsection (c). Producers assigned to a servicing carrier in accordance with this section and producers previously designated to a servicing carrier by the commissioner or the governing board of the Reinsurance Facility must remain assigned to that servicing carrier until and unless, after October 1, 1995, the producer's written request to change the assignment is received by the governing board of the Reinsurance Facility or until the assignment is transferred to another carrier by the governing board upon nonrenewal or termination of that servicing carrier's contract. Any change in the rate of commissions allowed designated the producers is subject to the commissioner's approval.
(c) A producer may apply to the governing board for assignment to a servicing carrier and is eligible for assignment be designated by the governing board of the Facility upon application for designation and is eligible for designation upon a finding by the governing board that the applicant meets the following qualifications:
(1) The applicant has been, for ten five continuous years, a licensed resident property and casualty insurance agent and is at the time of application an agency owner or principal associated with an agency in South Carolina which has been actively in business for five years with authority from one or more licensed independent agency insurers, as defined in Section 38-73-465(B), to write liability and physical damage insurance on private passenger automobiles; and
(2) At the time of application the applicant is servicing and owns the renewals on South Carolina private passenger and commercial automobile insurance business, the net premiums on which exceeded seventy-five one hundred thousand dollars of potential cedeable automobile insurance during any one of the previous five calendar years preceding the application; and
(3) Neither the applicant, nor any employee of the applicant or the applicant's corporate agency, nor any partner or shareholder in any related insurance agency, related premium service company, or related other business, has any direct or indirect connection with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State except for motorcycle insurance and types not cedeable to the facility;
(4) The applicant has not contributed to his termination as agent by any insurer because of any illegal breach of agency agreement or other related, improper, or unethical conduct; and
(5)(4) The books, records, and accounts of the insurance business of the applicant have been audited at the expense of the applicant and found by the governing board to be indicative of a financially sound operation.
(d) Prior to Before designation the assignment as a producer, the applicant shall furnish at his expense a bond in an amount of not less than fifty thousand dollars for the faithful performance of the duties as a producer, executed by the applicant as principal and a corporate surety licensed to do business in this State as surety, and shall also have effective errors and omissions insurance by an insurer licensed to do business in this State, with the bond and errors and omissions insurance being subject to approval by the governing board.
(e) The governing board shall assign a specific location to each producer designated. The governing board shall determine from the commissioner the locations assigned by him to those producers whom the commissioner has designated. Designated producers may not open or maintain any other locations without the written authorization of the governing board; provided, however, that an applicant maintaining multiple offices on June 4, 1987, is entitled to maintain two locations as a designated agent which he owned and operated at that time and through which premiums in at least the amount of seventy-five thousand dollars were written. The governing board shall terminate the designation, and the commissioner shall revoke all agents' licenses of any producer who does not comply with this requirement upon demand by the governing board. Upon termination, the producer's expirations on designated business become the property of the facility. A producer assigned to a servicing carrier may not open or maintain more than one location at which the solicitation or transaction of any automobile insurance business is conducted and may not change such location without the written authorization of the governing board. The governing board shall terminate the assignment of any servicing agent who does not comply with this requirement upon demand by the governing board. Applicants maintaining multiple offices on January 1, 1994, are entitled to maintain two locations as a producer which the agent owned and operated at that time and through which automobile insurance premiums in at least the amount of one hundred thousand dollars were written by the agent at each of the two locations.
(f) The designation of a producer by the Commissioner or the governing board is transferable to a spouse, child, parent, brother, or sister of the producer upon the designated producer's retirement, incapacity, or death. The duties of a designated producer may be performed by one or more qualified employees of the producer or the producer's corporate agency. The assignment of a producer to a servicing carrier by the governing board is transferable to a spouse, child, parent, brother, or sister of the producer upon the producer's retirement, incapacity, or death. The assignment at any time may, at the election of the producer by written notice thereof to the governing board, be irrevocably transferred to a corporation authorized to transact business in South Carolina by the Secretary of State and licensed by the insurance commissioner as an insurance agency. The duties of an individual or corporate producer may be performed by one or more qualified employees of the producer.
(g) Neither a designated producer, nor any employee of a designated producer or the producer's corporate agency, nor any partner or shareholder in any related insurance agency, related premium service company, or related other business, may have any direct or indirect connection with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State except for motorcycle insurance and types not cedable to the Facility. The governing board shall terminate the designation of any producer, and the Commissioner shall revoke all licenses of the producer and of any other insurance agent and premium service company knowingly involved in this connection. Upon termination, the producer's expirations on designated business become the property of the Facility.
(h) A designated servicing carrier who fails a claims audit shall have no new designated producer servicing agent assignments until the time it passes a re-audit within a reasonable time prescribed by the governing board. If this carrier fails two claims audits, including a re-audit, within any three-year period that carrier is disqualified for renewal of its contract with the facility upon expiration of its existing contract.
(h) The governing board of the Reinsurance Facility shall not contract with an insurer to act as a servicing carrier solely for the insurer's own authorized and voluntarily contracted agents. Servicing carriers shall accept assignments of servicing agents on an equitable, nondiscriminatory basis promulgated by the governing board. An insurer shall not at any time nor in any manner require, coerce, or provide incentive for a servicing agent to make a new offer of coverage and application for insurance through the servicing carrier to which the servicing agent is assigned pursuant to this section in order to replace or supersede an existing policy or renewal offering of the insurer.
(i) Upon the change of assignment of a producer to another servicing carrier, the producer's former servicing carrier shall not be subject to the requirements of Sections 38-75-740 and 38-77-120 for the existing policies of that producer which policies shall expire at the policy renewal dates beginning one hundred twenty days from the receipt of the notice of the change of assignment by the former carrier from the governing board of the Reinsurance Facility. The former servicing carrier shall give written notice to each such policyholder not less than thirty days before the policy expiration date stating:
(1) that the policy will expire on the policy expiration date and that coverage will not be continued by the former servicing carrier after that date; and
(2) that a renewal policy will be offered to the policyholder by the new servicing carrier effective at the expiration date and time of the existing policy; and
(3) the name, address, and phone number of the producer. The former servicing carrier shall provide in a timely manner current individual policy information sufficient to allow the new servicing carrier to issue renewal policies replacing the expiring policies of the producer's transferred business with like coverages and premiums. However, the original application for insurance and endorsements on expiring policies of the producer's transferred business shall be applicable to the renewal policy issued by the new servicing carrier and may take precedence over the information otherwise provided to the new servicing carrier. The producer's existing policyholders shall not be required to execute a new application for insurance. As a condition of acceptance of a producer's change of assignment the new servicing carrier must agree to compensate the former servicing carrier in a manner and amount determined by the governing board to reimburse the former servicing carrier costs to be incurred by its transfer of information and documents to the new servicing carrier based upon the producer's volume of business. Nothing in this section shall be construed to in any way change, assign, or terminate the property rights held by the producer which pertain to the producer's ownership of policy expirations."
SECTION 4. Section 38-73-455(C) of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"(C) Member companies of an affiliated group of automobile insurers may not utilize different filed rates for automobile insurance coverages which they are mandated by law to write. For the purpose of this section, an affiliated group of automobile insurers includes a group of automobile insurers under common ownership, management, or control. Those automobile insurers designated contracted pursuant to Section 38-77-590(a), for automobile insurance risks written by them through producers designated assigned by the facility governing board pursuant to that section and, subject to the provisions of Section 38-73-1425, all insurers on all risks ceded to the facility, shall utilize the rates or premium charges developed under Section 38-73-1420 by coverage filed and authorized for use by the rating organization licensed by the commissioner pursuant to Article 11, Chapter 73 of this title, which has the largest number of members or subscribers for automobile insurance rates. However, those automobile insurers designated contracted pursuant to Section 38-77-590(a) are not required to use those same rates or premium charges described in the preceding sentence for risks written by them through their authorized agents not appointed pursuant to Section 38-77-590 on risks not ceded to the facility."
SECTION 5. Section 38-73-1420 of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"Section 38-73-1420. After June 30, 1989, The Board of Governors of the South Carolina Reinsurance Facility shall file an expense component, as defined under Section 38-73-1400(2), for private passenger and commercial automobile insurance rate or premium charges which shall accurately reflect the actual expenses of the South Carolina Reinsurance Facility without profit or contingencies and for use with after the rating organization with the largest number of members or subscribers has filed a the pure loss component components for private passenger automobile insurance and small commercial risks filed with the commissioner by the rating organization with the largest number of members or subscribers. Upon the approval of such component components, those automobile insurers designated contracted pursuant to Section 38-77-590(a), for risks written by them through producers designated assigned pursuant to that same section, and, subject to the provisions of Section 38-73-1425, all insurers on all risks ceded to the facility, shall utilize these final rate or premium charges. Automobile insurers designated contracted pursuant to Section 38-77-590(a) are not required to use those same final rates or premium charges for risks written through their agents not appointed assigned pursuant to Section 38-77-590 on risks not ceded to the facility."
SECTION 6. Section 38-73-1425 of the 1976 Code, as added by Act 113 of 1991, is amended to read:
"Section 38-73-1425. (A) The final rate or premium charge for a private passenger automobile insurance risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e) is the final rate or premium charge required by Section 38-73-1420 or the final rate or premium charge approved for use by the insurer, whichever is greater.; however, except as provided in subsection (B), effective October 1, 1994, the final rate or premium charge for any private passenger automobile insurance risk ceded to the facility by an insurer or servicing carrier shall not be less than the final rate or premium charge which was in effect and in use on May 1, 1994, by those automobile insurers contracted pursuant to Section 38-77-590(a) for risks written by them through producers designated pursuant to that same section.
(B) Private passenger automobile insurance risks ceded to the Reinsurance Facility before October 1, 1994, by insurers having company-filed rates in effect on October 1, 1994, which are less than the facility final rate or premium charge developed under Section 38-73-1420, shall be eligible at each successive policy renewal period on or after October 1, 1994, for cession to the Reinsurance Facility at the insurer's company-filed rate, provided that there has been no lapse in coverage and no new or replacement policy issued on such risk."
SECTION 7. Section 38-77-280 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage.
Collision coverage must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, at his option, may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.
(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to an applicant or existing policyholder, on renewal, who has collected benefits provided under automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. Automobile insurers may refuse to write for private passenger automobiles physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, which does not qualify for the safe driver discount in Section 38-73-760(e).
Notwithstanding the provisions of this section, and any other provision of law, an insurer is not required to write private passenger physical damage coverage for the following types of vehicles:
(1) classic cars, meaning an automobile whose monetary value exceeds the original purchase price which has appreciated in value by maintaining the original parts;
(2) antique cars, meaning an automobile over twenty-five years of age;
(3) any automobile with any modification to the chassis or wheel base;
(4) any automobile with a wheel base of ninety-nine and one-half inches or less, including utility vehicles;
(5) any automobile within the 'Sports Group' or 'Sports Premium Group'. For the purposes of this provision 'Sports Group' means a two-passenger body type automobile with a net weight to horsepower ratio between 20:1 and 30:1. 'Sports Premium Group' means a two-passenger body type automobile with a net weight to horsepower ratio between 20:1 or less.
(C) All insurers subject to the provisions of this section writing single interest collision coverage shall provide an applicant for the insurance at the time of his application a notice separate and apart from any other form used in the application. The notice must be signed by the applicant evidencing his acknowledgment of having read the notice. The notice must contain the following language printed in bold face type: 'NOTICE: The insurance coverage you are hereby purchasing is only single interest collision coverage. The amount of insurance decreases as you pay off the amount of your indebtedness. You may not receive any insurance proceeds over and above the amount of the outstanding balance on your loan.'
(C) (D) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) (E) No policy of insurance which provides automobile physical damage coverage only may be ceded to the facility.
(E) (F) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than from those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457.
(F) (G) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass."
SECTION 8. Section 38-77-350(C) of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"(C) An automobile insurer is not required to make a new offer of coverage on any automobile insurance policy which renews, extends, changes, supersedes, or replaces an existing policy. However, the first renewal notices for existing policies after December 1, 1989, must include the form provided in subsection (A). A policy of automobile insurance offered or issued by a new servicing carrier for the South Carolina Reinsurance Facility to replace a policy previously issued by a former servicing carrier and containing the same coverage limits as the former policy constitutes a valid replacement policy that does not require the new servicing carrier or agent to make a new offer of coverage or to obtain a new application from the insured."
SECTION 9. This act takes effect October 1, 1994./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. J. BAILEY raised the Point of Order that Amendment No. 2 was out of order as it was not germane in compliance with Rule 9.3 in that any amendment that rewrites the Bill in its entirety must remain germane to the original title of the Bill. He further stated that Amendment No. 2 struck everything after the enacting words and the original title only dealt with one section of the Code and only related to one subject, the definition of automobile insurance.
The SPEAKER stated that the amendment dealt with the Reinsurance Facility and servicing carriers and the process whereby servicing carriers through the Reinsurance Facility was regulated. He further stated that the Senate did two things to the Bill and one being that they added a section dealing with the Reinsurance Facility in a more limited manner and the second thing was that they added a section dealing with the definition of a motor vehicle under the insurance laws. He further stated that the amendment was not germane to the Bill as passed by the House and if it were germane, then it would have to be germane to Section 2, which was added by the Senate.
Rep. RICHARDSON stated that Section 2 was a totally different language than the original Bill and it went into dealing with the Reinsurance Facility and the rates that can be charged by designated agents. He further stated that his amendment expanded the language to several points in terms of who can have access to the facility and the rating mechanisms.
The SPEAKER stated that the Senate only amended Section 38-73-1420 which was a fairly limited amendment. He further stated that out of 23 pages, Rep. RICHARDSON's amendment to Section 38-73-1420 was only one of the 23 pages. He further stated that under Rule 9.3, the amendment had to be germane to the original title of the Bill and that he had to be consistent with his other rulings.
Rep. FELDER stated that the precedents had been that the amendment had to be germane to the Senate amendments.
The SPEAKER stated that the Senate had amended Section 38-73-1420 and Rep. RICHARDSON also amended that section but it was less than five percent of what the amendment dealt with. He further stated that the amendment substantially rewrote other Code sections which were unrelated to Section 38-73-1420.
Rep. FELDER stated that original title of the Bill would be the key to germaneness.
The SPEAKER stated that he was not ruling on the original title but that he was ruling on the second point. He further stated that even if he justified the germaneness test to what the Senate did, that Rep. RICHARDSON did so much more in his amendment that was unrelated to what the Senate did.
Rep. RICHARDSON stated that the House would be bound in terms of trying to clean up things as they came from the Senate.
The SPEAKER stated that the purpose of the germaneness rule was there to provide for an orderly process and not allow legislation by ambush and he sustained the Point of Order and ruled the amendment out of order.
Rep. RICHARDSON proposed the following Amendment No. 3.
Amend the bill, as and if amended, by striking Section 2 and 4.
Rep. RICHARDSON explained the amendment.
Rep. J. BAILEY spoke against the amendment.
Further proceedings were interrupted by a Conference Committee Report, the pending question being consideration of Amendment No. 3, Rep. J. BAILEY having the floor.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
that the bill do pass amended as follows:
Strike all after the enacting words and insert:
/SECTION 1. This act is known and may be cited as the "South Carolina School-To-Work Transition Act of 1994".
SECTION 2. The General Assembly finds:
(a) Even though more than half of the state's high school students do not go on to college but seek to enter the job market, South Carolina has no clear system for school-to-work transition. Low-skill jobs are quickly disappearing. The job market increasingly demands that employees enter the work force with middle-skill or high-skill capabilities, but educational experiences typically leave high school graduates ill-prepared for the work place. The absence of a coherent system has harmful effects for both business competitiveness, school effectiveness, and quality of life standards.
Merely "tuning up" the high school "general track" will not be enough to meet these demands. The combination of unchallenging classes, low expectations, and isolation from the adult work place results in too many students lacking the skills, motivation, and connections that lead to successful and productive adult lives.
(b) Nations which compete internationally with the United States help their students acquire academic and occupational skills that are essential for success as we approach the twenty-first century. The specific approaches vary by country but, typically, they include:
(1) quality schooling,
(2) career exploration,
(3) work-site experiences, and
(4) work-based teaching and apprenticeships.
In these countries, schools and employers work together to facilitate a young person's entry into the work force.
(c) South Carolina's secondary education system does not provide these steps in educating and preparing our youth for work. Our nation has traditionally divided students into college-bound and noncollege bound. While college-bound students are required to follow a challenging and clearly defined curriculum, the noncollege bound have entered the "general track" which is less academically challenging and is often cited as preparing students for "nothing in particular". In South Carolina, fifty-two percent of our students are in the "general track" while twenty-eight percent of the students are directed into the academic college-prep track, and the other twenty percent of the students are placed in the vocational track. "General track" students receive little preparation for higher education and little guidance on how to move into a career that can support an acceptable quality of life. Their reading, writing, math, and communications skills are generally inadequate for the demands of today's quality employers and for higher education.
SECTION 3. For purposes of this act, unless the context indicates otherwise, the words or phrases listed below are defined as follows:
(1) "Youth apprenticeship" means a program that offers students, beginning in the eleventh grade, a course of study which integrates academic curricula, work-site learning, and work experience leading to high school graduation with post-secondary options and preparation for the world of work.
(2) "Tech Prep" means a program of study designed specifically to prepare students for careers and lives affected by technology. Tech Prep involves applied academic courses, targeted technology study, and specialized career guidance. Tech Prep blends academics and technology education and emphasizes broad-based competencies in career education. Tech Prep links high school and two-year college programs, eliminating gaps and overlaps to provide enhanced academic and vocational preparation for mid-level technology careers.
(3) "Mentoring" means an umbrella term for many forms of formal one-on-one relationships between a community's citizens and their students. The broad types of mentoring programs include:
(a) "Traditional mentor programs" means programs which seek to build a long-lasting relationship during which the mentor and protege work on the protege's personal development and interpersonal skills. The relationship generally lasts a year, with the mentor maintaining occasional contact with the protege for an additional one to two years.
(b) "Shadowing" means a short-term experience to introduce a student to a particular job by pairing the student with a worker. The protege follows or "shadows" the worker for a specified time to better understand the requirements of a particular career.
(c) "Service learning" means an experience for one or more students at a work site or community agency during which the students work on a project each week after school. Under close adult supervision, students develop work skills and learn how to behave in work situations.
(4) "Internship" means a one-on-one relationship to provide "hands on" learning in an area of student interest. A learning contract outlines the expectations and responsibilities of both parties. The protege works regularly after school for three or four hours a week in exchange for the mentor's time in teaching and demonstrating. The internship generally lasts from three to six months.
SECTION 4. (A) As a part of the school-to-work system, the State Board of Education shall establish a structure for preparing students for employment and lifelong learning which expands upon the current Tech Prep model to include four components:
(1) quality schooling having a rigorous curriculum,
(2) career counseling,
(3) work exploration and experience, and
(4) structured work-based learning.
In developing the school-to-work system, the emphasis shall be on a structure which is flexible to meet local school needs and available to all students as needed and appropriate. Students and their parents will make the decision as to which track the student will follow and students may transfer between Tech Prep and College Prep tracks within guidelines established by the State Board of Education to allow for transfer up to the senior year of high school. The State Board of Education, for the purpose of successfully establishing and implementing the school-to-work system, shall endeavor to obtain the cooperation of employees, the Commission on Higher Education, post-secondary institutions, and the several school districts.
(B) The State Board of Education shall, beginning with school year 1994-95, establish by regulation quality schooling which, at a minimum shall include:
(1) a rigorous, relevant academic curriculum which shall among other changes or improvements:
(a) include rigorous applied academic methodologies in mathematics, science, and communications skills where appropriate;
(b) increase mathematics instruction to include statistics, logic, measurement, and probability;
(c) incorporate in the curriculum the skills and competencies suggested in the United States Secretary of Labor's Commission on Achieving Necessary Skills (SCANS) report and those identified in the employer survey report of the South Carolina Chamber of Commerce's Business Center for Excellence in Education including an emphasis on the importance of individual achievement as a cornerstone upon which self-respect, academic, and personal success are founded;
(d) eliminate the "general track" for students first enrolling in high school on or after the 1996-97 school year;
(e) develop plans to accelerate the learning of students that are behind their age peers; and
(f) develop plans that take into account student learning style.
(2) changes in vocational education programs which:
(a) redefine vocational programs so as to expand their content, relevancy, and rigor in preparation for lifelong learning and living in a technological society; and
(b) integrate instruction in academic and occupational courses to ensure a rigorous, relevant, and academic curriculum;
(C) With the advice of the statewide advisory council hereinafter established, the State Board of Education shall, beginning in school year 1996-97, establish regulations for:
(1) Career exploration and counseling which includes:
(a) student exposure to career options by integrating career counseling activities into the kindergarten through grade twelve curriculum;
(b) a comprehensive career guidance plan which has a major plan and an alternate plan for each student starting in grade six and is revised each year as the student progresses towards graduation and which requires the districts to seek parental assistance in the development of the plan;
(c) in-service courses to equip guidance counselors with skills necessary to integrate career guidance and career planning.
(2) A range of mentoring opportunities beginning no later than the seventh grade which includes traditional mentoring, shadowing, service-learning, school-based enterprises, and internships as defined in SECTION 3. Mentoring activities shall emphasize students' interests, skills, and needs.
(3) Structured work-based learning opportunities and components of these work-based opportunities include:
(a) structured work-based learning to include the establishment of a youth apprenticeship model as defined in Section 3;
(b) integration of academic and vocational learning;
(c) coordination and integration of school and work-place learning; and
(d) credentials for both academic and occupational skills.
These programs shall be governed by broad coalitions of institutional partners.
SECTION 5. School district boards of trustees shall by school year 1995-96:
(a) implement the rigorous academic changes and changes to vocational education programs as directed by the State Board of Education pursuant to Section 4;
(b) develop plans for elimination of the general track by school year 1996-97; and
(c) implement career exploration and counseling pursuant to Section 4 by school year 1996-97.
Districts must report steps taken to integrate these changes in the annual updates of the comprehensive five-year plans mandated by the Early Childhood Development and Academic Assistance Act of 1993.
SECTION 6. Notwithstanding any other provision of law, the stipulated completion dates required in SECTION 5 of this act may be extended by one year upon approval from the State Board of Education. Districts requesting such a waiver must outline how the extension will improve the planning and implementation of this act.
SECTION 7. (A) In establishing a school-to-work system, the State Board of Education shall provide for professional development in applied techniques and integration of curriculum, professional development in career guidance for teachers and guidance counselors, and training for mentors.
(B) The school-to-work system required by this act as established by the State Board of Education shall include a program of accountability of student progress to ensure quality which shall include a survey of Tech Prep graduates in order to obtain such information as the rate of hire, starting wages or salaries, wages or salary rates five years after graduation, and additional education pursued.
SECTION 8. (A) As a part of the school-to-work system, the South Carolina Employment Security Commission shall work with the Department of Education, the State Board for Technical and Comprehensive Education, and the Commission on Higher Education to assist in the planning and promotion of the school-to-work opportunities by:
(1) identifying potential employers to participate in the work-based learning programs sponsored under this act;
(2) serving as a contact point for employers seeking information on school-to-work activities;
(3) providing labor market information relative to supply and demand, and non-traditional jobs for women; and
(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System (SCOIS).
(B) The South Carolina Employment Security Commission will provide the link between employers in South Carolina and youth seeking employment.
SECTION 9. (A) The South Carolina School-To-Work Advisory Council appointed by the Governor representing a broad-based coalition of business and industry and including representatives of the State Department of Education, Employment Security Commission, the Commission on Higher Education, State Board for Technical and Comprehensive Education, the South Carolina Chamber of Commerce, the Urban League, Tech Prep Consortia, the State Transition Coordinator for People with Disabilities, and local school districts shall convene no later than July 1, 1994, to guide, encourage, and facilitate actions which enable the school-to-work system to be implemented. The role of the advisory council is to work with the State Board of Education to:
(1) provide input to shape the development and scope of a statewide initiative;
(2) help promote the school-to-work system to key employers and education leaders across the State and encourage active participation of employers across the State; and
(3) identify and recognize exemplary programs and practices and help disseminate general information to interested parties across the State.
The School-To-Work Advisory Council shall report to the House Education and Public Works and the Senate Education Committees by January 1, 1996, as to the progress made in establishing the school-to-work system, difficulties encountered, and any actions required by the General Assembly to ensure success of the system. No state funds shall be expended to support the Advisory Council and the Council shall terminate on December 1, 1999.
(B) Because of the need to link education and labor in the planning and delivery of youth apprenticeship programs and with increasing emphasis on partnerships between labor and education in pending federal school-to-work legislation, the State Department of Education with the South Carolina Employment Security Commission are jointly responsible for implementing the school-to-work transition system.
(C) The school-to-work system established by this act shall be coordinated with the South Carolina's Job Training Partnership Act (JTPA) delivery system at both the state and local levels. This coordination may include staff directors of JTPA service delivery areas and Private Industry Council (PIC) chairmen participating in ongoing state, regional, and local advisory committees. The Director of the Employment Security Commission with the State Superintendent of Education shall establish an ongoing statewide advisory committee with representation from the agencies designated in subsection (A) and public and private entities involved in the development of South Carolina's work force. The committee shall be charged with the overall coordination activities of a school-to-work plan and the liaison function with other public and private agencies to monitor participation of employers and cooperation of all parties involved. Regional coordination of the plan shall become a function of the sixteen Tech Prep consortium hubs established pursuant to the current Tech Prep system, and these Tech Prep consortium hubs also shall serve as the region advisory committees. Each school district board of trustees shall establish local advisory committees to address unique employment needs of their areas.
SECTION 10. (A) The State Board for Technical and Comprehensive Education in conjunction with the State Board of Education shall develop measures for articulation of high school courses to post-secondary technical institutions including procedures to enable qualified students to achieve advanced standing in technical college programs.
(B) Beginning with the 1995-96 school year, completion of applied academic courses in mathematics, science, and communications skills shall fulfill high school course prerequisite requirements as equivalent to precollege curriculum requirements for applicants to four-year post-secondary institutions, unless by December 1, 1994, a four-year post-secondary institution reports its reasons for not accepting those courses to the House Education and Public Works Committee and the Senate Education Committee. School districts must certify that the applied academic courses offered are equivalent to the precollege curriculum requirements.
(C) The State Board for Technical and Comprehensive Education and the Council of College Presidents, or their designees, through the Commission on Higher Education, shall clarify and strengthen articulation agreements between associate degree programs and baccalaureate degree programs.
(D) Actions taken related to all articulation measures must be reported to the School-To-Work Advisory Council no later than July 1, 1995.
(E) Four-year institutions having teacher education programs must offer courses to equip potential teachers and guidance counselors with skills necessary to integrate career guidance and career planning. These institutions must also train potential teachers in how to use applied methodologies for academic courses. Changes in course offering and course curriculum shall be reported to the School-To-Work Advisory Council no later than July 1, 1995.
SECTION 11. Representatives from the Department of Commerce, the Department of Revenue and Taxation, Workers' Compensation Commission, the Department of Insurance, and the Department of Labor, Licensing and Regulation shall be convened by the Department of Commerce to conduct a feasibility study and make recommendations regarding tax credits for work-based programs, maximizing government and private funding spent on education, and issues related to workers' compensation, insurance and liability as each relates to the school-to-work system. Within six months after the effective date of this act, findings from the study and recommendations must be made to the School-To-Work Advisory Council, the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Education Committee, and the Senate Finance Committee.
SECTION 12. Representatives from the Department of Education, the Tech Prep Consortia, local school districts, and businesses involved in mentoring and work-site learning shall be convened by the Department of Education no later than March 1, 1996, for a review to include the following: transportation, staff for the transition system at the district level, training for staff and volunteers, textbook changes, and other issues related to the establishment of the School-to-Work Transition system. No later than October 1, 1996, the results of this review shall be given to the School-To-Work Advisory Council, the House Ways and Means Committee, the House Education and Public Works Committee, Senate Finance Committee, and the Senate Education Committee.
SECTION 13. The requirements of this act do not apply to private schools or to home schools.
SECTION 14. Students who perform work at a nonschool location pursuant to an apprenticeship or mentoring program under the provisions of this act must have the written permission of their parents or legal guardians in order to engage in such work experiences.
SECTION 15. When the Department of Education or a school district eliminates the general track or implements Tech Prep, appropriate textbooks and instructional materials must be approved by the appropriate authority and must be made available to the district.
SECTION 16. This act takes effect upon approval by the Governor./
Renumbered sections to conform.
Amend title to conform.
/s/Nikki G. Setzler /s/Joseph T. McElveen, Jr. /s/Robert W. Hayes, Jr. /s/ Ronald P. Townsend /s/Maggie W. Glover, /s/Margaret J. Gamble, On Part of the Senate. On Part of the House.
Rep. McELVEEN explained the Conference Report.
Rep. McELVEEN continued speaking.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1410 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 1994, AS THE TIME TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE ERNEST A. FINNEY, JR., UPON HIS ELECTION AS CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO ELECT A FAMILY COURT JUDGE FROM THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM J. CRAINE, JR., WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM OF THE HONORABLE MARC H. WESTBROOK, WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE DAVID N. WILBURN, JR., WHOSE TERM EXPIRES JUNE 30, 1998, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, TO SERVE FOR A FIVE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, TO SERVE FOR A THREE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, AND TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, TO SERVE FOR A ONE-YEAR TERM TO BEGIN FEBRUARY 1, 1995.
The President recognized Rep. HODGES, Chairman of the Joint Judicial Screening Committee.
Rep. HODGES requested that all letters from candidates who had withdrawn from the judicial elections be printed in the Journal as each respective election occurred.
The President announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat 1.
Rep. HODGES stated that the following candidate had been screened and found qualified: Wyatt T. Saunders, Jr.
Rep. STODDARD nominated Mr. Wyatt T. Saunders, Jr. as follows:
"Mr. Speaker, fellow members of the Joint Assembly...I will be brief, but it is indeed rare that a member is offered the opportunity to nominate such an eminently qualified local counselor for a vacancy on our bench. It is regrettable that his wife, Holly, could not be here today, but she is on the West Coast where her brother is receiving a kidney transplant. However, we do have his three lovely daughters with him, Laura, Lilly and Leigh with their father, his mother and stepfather, Gladys and Mr. Rice. Mr. Speaker, without further delay, I nominate Wyatt T. Saunders, Jr. for the First Seat in the Eighth Circuit and move that nominations come to a close."
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Wyatt T. Saunders, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Eleventh Judicial Circuit, Seat 3.
Rep. HODGES stated that the following candidates had been screened and found qualified: Richard W. Chewning, III and Douglas K. Kotti.
Rep. HODGES stated that the following candidate had withdrawn his name from consideration: Douglas K. Kotti.
Senator Setzler nominated Mr. Richard W. Chewning, III as follows:
"Ladies and gentlemen of the Senate and House...I'm going to be brief this morning with regards to this, but on behalf of Richard W. Chewning, III, I would like to say to each of you thank you for your warm welcome that you have given to him, to the openness for which you have received him and to you for your commitments to him on behalf of this race. On a personal note, I would like to thank each of you for your commitment and for your friendship. To Richard, we say to you from Danny, Melody, Joe and myself, who are the people who know you best as a lawyer, we wish you well and we know that you will make us proud. This is a one year term, an unexpired term, so he will be back in the lobby to see each of you next year. Mr. President, I move that the nominations be closed and Richard W. Chewning, III be elected by acclamation."
Rep. HARVIN seconded the nomination of Richard W. Chewning, III.
On motion of Senator Setzler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Richard W. Chewning, III was duly elected for the term prescribed by law.
May 24, 1994 HAND-DELIVERED
Joint Legislative Committee
For Judicial Screening
c/o Ms. Barbara N. Satterwhite
211 Gressette Building
Columbia, South Carolina 29202
RE: Eleventh Judicial Circuit Family Court, Seat #3
Dear Members of the Committee:
After ponderous consideration of all the circumstances surrounding this judicial election, particularly the preliminary vote counts, I have reluctantly decided to withdraw at this time from seeking election to seat three of the Eleventh Judicial Circuit Family Court.
Thank you all for your courtesy and assistance. Your staff, especially Ms. Satterwhite, has been very helpful, accommodating and cooperative throughout this procedure. They serve this Committee and the judicial selection process very well. Congratulations to Richard Chewning, who has been a friend for many years. I trust that he will serve very ably and with distinction as a Family Court Judge.
Imbued with the same spirit of public service as you, I fully intend to seek election to the Family Court with the next available opportunity. Thank you all again for your consideration and civility in my instance and for your dedicated service to our State.
With kindest regards, I am
Very truly yours,
Douglas K. Kotti
May 25, 1994
Mr. President of the Senate, Mr. Speaker of the House and members of the General Assembly:
Thank you all very much for your kind cooperation, courtesy and consideration during my recent campaign for Family Court Judge. Even though I withdrew from the race before the election, I have been honored with the attention and consideration rendered by members of the General Assembly to my record and candidacy. It has been a privilege to seek this position.
I congratulate my friend Richard Chewning upon his election here today. He will serve as Family Court Judge with fairness, with common sense and with distinction. I look forward to appearing in his court and working with him in finding solutions to many of the challenges facing our Family Court system.
Like you, I am imbued with a strong sense of public service. Having dedicated my entire professional career to the study and practice of family law, I can best serve the public by one day becoming a Family Court judge. Therefore, I fully intend to seek election to the Family Court should a vacancy arise for which I am eligible.
Thank you again for your consideration and civility in my instance and for your dedicated service to our State.
Respectfully,
Douglas K. Kotti
The President announced that nominations were in order for a Family Court Judge, Sixteenth Judicial Circuit, Seat 1.
Rep. HODGES stated that the following candidates had been screened and found qualified: Thomas C. Dillard, J. S. Flynn and Robert E. Guess.
Rep. HODGES stated that the following candidates had withdrawn their names from consideration: Thomas C. Dillard and Robert E. Guess.
On motion of Rep. FARR, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable J. S. Flynn was duly elected for the term prescribed by law.
May 24, 1994
The Honorable James Hodges
Chairman, Joint Legislative Screening Committee
Blatt Office Building
Columbia, South Carolina 29211
Re: 16th Circuit Family Court, Seat #1
Dear Representative Hodges:
I am by this letter formally withdrawing my candidacy for the above position.
It has been a pleasure getting to know various members of the Legislature and to appreciate their work on behalf of the people of South Carolina.
With kind regards, I remain
Yours very truly,
Thomas C. Dillard
May 23, 1994
The Honorable James H. Hodges, Chairman
Joint Legislative Committee for Judicial Screening
P.O. Box 142
Columbia, South Carolina 29202
Dear Representative Hodges:
This is to notify the Joint Legislative Committee for Judicial Screening that I am withdrawing as a candidate for election to Seat 1 of the Family Court for the Sixteenth Judicial Circuit.
Please remove my name from the list of candidates to be considered for election on May 25, 1994.
Thank you for your assistance.
Sincerely,
Robert E. Guess
The President announced that nominations were in order for an Administrative Law Judge, Seat 4.
Rep. HODGES stated that the following candidates had been screened and found qualified: H. Clay Carruth, Jr., John D. Geathers, W. Kenneth Moore and V. Lynn Wiggins.
Rep. HODGES stated that the following candidates had withdrawn their names from consideration: H. Clay Carruth, Jr. and W. Kenneth Moore.
Senator Wilson withdrew Ms. V. Lynn Wiggins as follows:
"Mr. President, Mr. Speaker, ladies and gentlemen of the General Assembly...I am here today to nominate V. Lynn Wiggins for Administrative Law Judge No. 4. You have all had the opportunity to meet and get to know Lynn during her campaigning this session. Most of you know Lynn as the candidate who since January, has been wherever two or more legislators have gathered. And she is the type of person who has worked hard for 43 years and she has continued in this race. Lynn was raised in Columbia and is the daughter of a hard-working family. Her father, Bill Wiggins, was a salesman of Butler Agricultural Buildings. Her mother is well known and beloved by those of us in the Senate. Mrs. Laura Wiggins worked in the Senate for 26 years prior to her retirement in 1989. Upon graduation from high school in 1969, so she is just a child, she was a student at Midlands Tech and earned a degree in Secretarial Science. She worked for a lot of people that you know and respect, Harry Lightsey, Bob Burnside, Hunter Rentz, Ken Lester and Isadore Lourie. She also worked as a legal secretary when Nikki Setzler and former senator David Turnipseed were law clerks for the firm. In 1981, Lynn entered the University of South Carolina and for three years worked her way through undergraduate school during lunch and evening hours. She graduated in 1984 with a B.A. degree and then went on to law school holding down two jobs. She earned the top academic award of American Jurisprudence in Constitutional Law in 1985 and was managing editor of the Journal of Law and Education from 1985 to 1987. After graduation, she began a private practice of law with her husband, Don Jonas, in a small litigation firm where she has handled every field of law. She also has taken the job as stepmother of three children and has held her breath as her stepson Steven was on active duty with the Marines and Michael, a college student grew to maturity. Her stepdaughter, Stacey, turned 15 on Saturday and will have some more breathless moments and she is looking forward to getting her driver's license this week, as my children have. Lynn is a hard-working, well-qualified and experienced mature candidate for an Administrative Law Judge and it is with utmost satisfaction that I nominate V. Lynn Wiggins to Seat 4 and I assure you and the State of South Carolina that you will be well served. This is a nominating speech that I think is a testimonial to who wrote it, her husband Don, and he is an attorney here in the Midlands. It was such a fine speech, that I wanted to make it because I feel very strongly that this is such a fine person. But, at this time, Lynn told me on the way over that she will be withdrawing from the race today, but she is the kind of person, that you have determined for the past couple of months, that you will be seeing again. She is a delightful person and a competent person and I urge you, in the future as she campaigns to keep her in mind. Thank you very much."
Senator McGill nominated Mr. John D. Geathers as follows:
"Mr. President, Mr. Speaker Pro Tem, Mr. Speaker, members of the House and the South Carolina Senate...I rise today to place the name of John D. Geathers into nomination for Administrative Law Judge, Seat No. 4. John is seated in the balcony with his daughter, Lydia and his wife, Doris of seven years. Here in the last six years I have been in the Senate, I have worked very closely with John Geathers and found that certainly he is a very capable attorney. All of his legal opinions certainly have not been in my favor or the other person's favor, but he has always been very fair and partial on all decisions that he makes. He is a 1983 graduate of the University of South Carolina and in 1986, a graduate of the School of Law. He is a member of the South Carolina and North Carolina Bar Associations. Ladies and gentlemen, John has certainly a high moral and a strong ethic background. He would make an excellent judge, not just for Seat No. 4, but any position of judge, Judge Finney, any position. I highly recommend John Geathers and move that he be elected by acclamation."
Rep. HARVIN seconded the nomination of John D. Geathers.
On motion of Senator McGill, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable John D. Geathers was duly elected for the term prescribed by law.
May 19, 1994
Ms. Barbara Satterwhite
Administrative Assistant
Joint Legislative Judicial Screening Committee
211 Gressette Building
Columbia, South Carolina 29202
Dear Ms. Satterwhite:
Please take notice that I hereby withdraw my candidacy for Administrative Law Judge Seats No. 4. Thank you for your kindness and consideration.
Sincerely,
H. Clay Carruth, Jr.
May 25, 1994
Representative James Hodges
Blatt Building
Columbia, South Carolina 29211
Dear Jim:
This letter is to advise you that I am no longer a candidate for election to the position of Administrative Law Judge, Seat #4.
With kind regards, I am,
Very truly yours,
Ken Moore
I was unable to be present for the elections held today. Had I been present I would have voted in favor of John Geathers.
Rep. FLOYD BREELAND
The President announced that nominations were in order for an Administrative Law Judge, Seat 5.
Rep. HODGES stated that the following candidates had been screened and found qualified: H. Clay Carruth, Jr. and Karen L. Kanes.
Rep. HODGES stated that the following candidate had withdrawn his name from consideration: H. Clay Carruth, Jr.
On motion of Senator Courtney, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Karen L. Kanes was duly elected for the term prescribed by law.
May 17, 1994
Ms. Barbara Satterwhite
Administrative Assistant
Joint Legislative Committee for Judicial Screening
211 Gressette Building
Columbia, South Carolina 29202
Dear Ms. Satterwhite:
Please be advised that I am hereby withdrawing from the race for Administrative Law Judge Seat #5. I am no longer a candidate for that position.
Thanking you for your kindness and consideration, I am,
Sincerely,
H. Clay Carruth, Jr.
The President announced that nominations were in order for an Administrative Law Judge, Seat 6.
Rep. HODGES stated that the following candidates had been screened and found qualified: Ralph K. "Tripp" Anderson, III, H. Clay Carruth, Jr., John J. Fantry, Jr. and Ray N. Stevens.
Rep. HODGES stated that the following candidates had withdrawn their names from consideration: H. Clay Carruth, Jr., Ray N. Stevens and John J. Fantry, Jr.
Rep. HARWELL nominated Mr. Ralph K. Anderson, III as follows:
"Ladies and gentlemen, Chairman Hodges asked that I be brief, but this is an extremely proud day for me and should be for this Joint Assembly in that the individual that I am going to nominate has all of the attributes that all of us admire. Most of us, whether we realize it or not, have some bias or some prejudices about persons that we feel or think may have some physical disability. I want to talk to you about some of my heroes, Nelson Mandela, for example, who exemplifies, I think, what Shakespeare said, Bars do not a prison make whose soul and whose heart is not captured by, most of all his adult life being in prison and now being President of the world's newest democracy. Helen Keller, born blind, who brought light to a dark world and what she brought in braille and what you have seen and what blind people have been able to accomplish who are only unsighted. It is not a disability, it is considering people's abilities. John William Tucker, probably more than any of us can probably appreciate the Jim Abbotts, a person who was told and was born with a birth defect, only one arm, was told that he couldn't run because of the imbalance, that he couldn't feel, that he couldn't hit or catch or pitch, and never play baseball. Jim Abbott has won five and lost two this year and is in the rotation every day with the New York Yankees. John Felder can relate to Bo Jackson. Bo Jackson had half of his hip cut away and a steel and plastic form placed in the pelvic bone and a 12 to 14 inch steel ball driven into his hip when they cut it away and place it in that socket. His doctors said he would be lucky to walk without a cane. And he will never ever again be able to play professional sports. Bo Jackson is now in a regular rotation and plays everyday in leftfield with the California Angels. I also can relate to where this young man and his roots are from a community, the suburb of Timmonsville and Cale Yarborough, born like his grandparents were to poverty, tenant farmers, poor land, couldn't grow more than a scrub tree of black jack oak and who were the advent of the electric and the powered saw cut enough black jack tree in order to be able to buy his first race car and went on to become one of the great NASCAR drivers of all times. But, in his last accident at Darlington, his shoulder suspended, his left shoulder, from a bone about the size of a silver dollar and they said he would never race again and he was a NASCAR champion the following year. I am going to tell you about my horse from Cleo Young's farm, Truluck, a proud horse, Truluck ran the national and international championships for harness racing and had a stress fracture, and Cleo Young said to Bubba Huggins who was a friend of mine and former classmate at the University, left law school to follow the racing tradition of the Huggins family, was told by Cleo Young, you are going to have to destroy Truluck. He will never race again. Huggins said, I have got two weeks vacation and if I do what you have asked me to do, I'm going to need that two weeks. He went home and the third week he called and said, I got the flu, give me another week. He didn't give up on Truluck. He had him in a little concrete pond that you use to delouse horse and cattle in working him for three weeks and went on to win $950,000 with Truluck the next few years and he retired as a stud and his great grandchildren are still racing and winning races. The candidate that I am about to introduce, nominate, possesses all of these attributes. He is a fighter, a young man of courage unequaled by anybody I have know in my lifetime. He is not a quitter. He doesn't know what it is to quit. He is a young man, 35 years of age, with outstanding legal abilities, a scholar, a trial advocate and to quote Jack Swerling, who just recently had a case with him and has had numerous cases with him, said, 'If you take on Tripp Anderson, you better pack a lunch, come early and be prepared to stay late.' His work habits, 45 and 50 hours a week, from a period of five years, he missed two and a half days, more than me with colds and flus and I asked for continuances. He is a man of outstanding courage and ability. He was born on October 13, 1959, graduated from Florence High School in 1976, graduated Francis Marion University cum laude in 1980. On July 26, 1980, he broke his neck diving into Lynches River and was in intensive care for two weeks. He had a halo brace to stabilize his neck and his face still bears the scars. He developed hyper calcemia which required a food tube, thyroid surgery, chemical therapy and none of those things we think now would have been necessary, but because of the calcium from the fractures and his athletic ability and outstanding athlete, those calcium deposits from the broken fractures went into bloodstream and required all of the medicine. Weeks and months of rehabilitation, for at least six weeks, there was a question of survival. He is a fighter. By will and courage, he survived and came to where he is now. In his duties with the Attorney General, he has prosecuted murder, robbery, kidnapping and been an Appellate Counsel in criminal appeals, the Governor's Extradiction Hearing Officer, Counsel to the State Ethics Commission, involved in civil and criminal litigation. He had lectured the Supreme Court staff, the South Carolina Bar ethics and received from the Bar a very high rating of well qualified. I would be amissed if I didn't tell you that he has one of the strongest role models in his father. Most of you know, an outstanding Circuit Court Judge and who adheres legal principles, precedents and his own life, performance on the bench. And so as I know, a tremendous inspiration to Tripp. So, it is my pleasure to place in nomination and to move that he be elected by acclamation, Ralph King Anderson, III and whose motto is the same that is on the currency of money that we use in this country, 'In God we trust,' and he will make us an outstanding Administrative Law Judge."
Rep. HARVIN seconded the nomination of Ralph King Anderson, III.
On motion of Rep. HARWELL, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Ralph K. "Tripp" Anderson, III was duly elected for the term prescribed by law.
May 19, 1994
Ms. Barbara Satterwhite
Administrative Assistant
Joint Legislative Committee for Judicial Screening
211 Gressette Building
Columbia, South Carolina 29202
Dear Ms. Satterwhite:
Please take notice that I hereby withdraw my candidacy for Administrative Law Judge, Seat No. 6. Thank you for your kindness and consideration.
Sincerely,
H. Clay Carruth, Jr.
May 25, 1994
Dear Members of the House and Senate:
My campaign for a seat as an Administrative Law Judge has brought me into contact with many of you over the last several months. I have been afforded the privilege of acquiring many new friends in both the House and the Senate with such friendships having been formed without regard to voting preferences of the membership.
After consultation with many of you, it is my desire to allow the members of the General Assembly to act decisively and with unity in electing unanimously my colleague, Tripp Anderson, as Administrative Law Judge for Seat #6. Accordingly, I am withdrawing as a candidate for Seat #6. I am confident Tripp will be a valuable asset to the State and its citizens in his new capacity as Administrative Law Judge, and I wish for him a long and successful tenure.
I am confident that at the appropriate time the members of the House and Senate will afford me the opportunity of serving this State in a judicial capacity. My intentions to so serve remain strong and undiminished. Consider the postage stamp. It obtains success through its ability to stick to one thing until it gets there. I remain steadfast in my determination to serve the people of this State.
Sincerely,
Ray N. Stevens
May 25, 1994
The Honorable James H. Hodges
Chairman Judicial Screening Committee
P.O. Box 142
Columbia, South Carolina
Dear Representative Hodges:
I respectfully request that my name be withdrawn as a candidate for Administrative Law Judge Seat 6.
I appreciate the courtesy and consideration of those House and Senate members who have, during these final days of session, given me an opportunity to visit them. I regret that time did not permit me to visit each member before making this announcement.
It is an honor to have been found by the Joint Judicial Screening Committee to possess the legal experience, demeanor, temperament, and ethical behavior suitable to serve the people of South Carolina as a judge. I credit this finding not to my eloquence before the committee, but to the candor and support given me by friends and members of the bar who appeared before the committee through letters of recommendation and comment. I thank them for their help and I encourage their continued involvement with the work of the Screening Committee.
I thank those of you who supported my candidacy. I congratulate those who will serve the Administrative Law Division as its first panel of judges. And I look forward to working with the members of the House and Senate in the future.
Sincerely,
John J. Fantry, Jr.
I abstained from voting on the A.L.J. elections on May 25, 1994, because I am a practicing attorney and could have a case at some point before an A.L.J.
Rep. ROLAND S. CORNING
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: ALJ-Race Seat #4, #5, #6
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Admin. Law Judges
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before this agency or commission by me or an individual or business with whom I am associated within the next year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Adminstrative Law Judge Election for Seats 4, 5 and 6
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judge Election for Seats 4, 5 and 6
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES S. KLAUBER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judge Election for Seats 4, 5 and 6
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. J. MICHAEL BAXLEY
The President announced that nominations were in order for an Associate Justice of the Supreme Court.
Rep. HODGES stated that the following candidates had been screened and found qualified: the Honorable Ralph King Anderson, Jr., the Honorable Julius H. Baggett, the Honorable Randall Theron Bell, the Honorable E. C. Burnett, III, the Honorable J. Ernest Kinard, Jr., the Honorable Costa M. Pleicones and the Honorable Charles B. Simmons, Jr.
Rep. HODGES stated that the following candidates had withdrawn their names from consideration: the Honorable Julius H. Baggett and the Honorable Charles B. Simmons, Jr.
SPEAKER SHEHEEN nominated the Honorable J. Ernest Kinard, Jr. as follows:
"Mr. President, Mr. Speaker Pro Tem, members of the Joint Assembly...I rise today to place in nomination the name of J. Ernest Kinard, Jr. A native of Newberry, South Carolina, he grew up on a farm there. I rise to tell you about him today and to place his name in nomination for several reasons. One of those is when I think of a Supreme Court Justice, and a man who sits on the current Circuit bench, I think of someone who must have an even temperament, a keen intellect, an understanding of people and a willingness to work hard. Judge Kinard has exhibited that. He has served in the Circuit bench in the Fifth Judicial Circuit as Resident Judge since 1988. I hasten to add that since he survived the practice of law with me for 18 years, it says something about his stamina and ability to perform in adverse circumstances. When I rose to the podium to nominate him for a Circuit Court judgeship, right before I came to the podium, someone asked me why I was nominating Ernest for the Circuit Bench and I told them because he was the smartest lawyer in my law firm. They all looked at me a little cross eyed and asked if I really meant that and I said, yes, I will have to admit that he is the smartest lawyer in my law firm. He has gone on to prove that to the Fifth Circuit Bench and Bar and the trial of cases and serving as the Administrative Judge for both General Sessions and Common Pleas Court here in Columbia numerous times. He disposes of more cases in this circuit on a regular basis along with the others than almost any other circuit in the State. As you know, all of the state government litigation occurs here in Richland County in the Fifth Circuit. He comes back to Camden to hold court and passes the real true test of a Circuit Judge who leaves and comes home to hold court as so many of our Circuit Judges do. He had the respect of both the plaintiff and the defense bar. Many of you have been contacted about his candidacy from plain old ordinary citizens in his community. He has lived in Camden since he came there to practice law following his graduation from Law School at the University of South Carolina in 1964. He has reared a family of three children. His two daughters are now school teachers and married. His son, John, is a banker in Lancaster and he and his wife still reside there in Camden. When I think of an Appellate Court Judge, I think of someone who is a little bit different than a trial court judge. I complain about Judge Kinard sometimes when he makes me start court at 9:00 on Monday morning and the trial of cases rather than waiting until 10:00 or when he carries us over until late in the afternoon for the convenience of jurors so that they don't have to spend extra time in the Court room, but I complain only privately to other lawyers because I know that is best for the judicial system and I know that is best for the administration of justice and respect for the judicial system. He has done that well, but he has those attributes which will qualify him even more as a superior Appellate Judge. To be an Appellate Court Judge, you have got to have some prospective about how the law has developed. You have got to be a student of the law. You have got to understand the history of the law. You have got to understand why we are where we are today and how the law has developed to get us here. In addition to that, you have got to apply your experiences which he has on the Circuit Court Bench in the pit everyday helping decide citizens rights in South Carolina. You have got to apply that historical perspective and your experience to have a vision of where the law ought to go in the future. So that is why I stand here today, not because he is a personal friend, but because I have experienced him as a lawyer and as a student of the law and as a judge, as a man who has the prospective of why we are where we are today and a vision of where the law has to develop in the future. He is a man of even temperament, keen intellect and a willingness to work. I am proud to place in nomination the name of J. Ernest Kinard, Jr."
Representative WALDROP and Senator Lander seconded the nomination of J. Ernest Kinard, Jr.
Rep. BAXLEY nominated the Honorable Ralph King Anderson, Jr. as follows:
"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly, distinguished guests...It is my privilege today to stand before you and nominate one of South Carolina's most distinguished and dedicated public servants for the South Carolina Supreme Court. A man who has given freely of himself in service to our State including fifteen years as a respected circuit court judge and six years as an active member of this General Assembly. That man is Ralph King Anderson, Jr. Today, this body faces an important decision -- a decision that may very well set the course of our state government for the next decade. If each of the sitting members of the Supreme Court serve until the age of mandatory retirement, it will be nine years before there is another vacancy on the court. Nine years will bring us into the 21st century, and transcend the tenure that most of us will have here. It was Charles Evans Hughes who said 'We are under a constitution, but the constitution is what the judges say it is, and therefore the judiciary is the safeguard of our liberty, our democracy, and our property.' We have a tendency in this body to make a quick decision and move on to the next crisis of the moment, but I assure you that there will be no decision of greater importance for the 110th General Assembly of the State of South Carolina than the one which we make today. I count it an honor and a privilege to nominate Ralph King Anderson for this important position and would like to share with you briefly this afternoon several reasons which his supporters respectfully submit make him the best candidate for this job. First, Ralph Anderson, through hard work and sheer determination, has risen from humble beginnings to the top of his profession. Fifty-eight years ago, he was born on a tobacco farm in rural Florence County. The oldest of five children, he worked every day before and after school to help run the farm. As Judge Anderson put it, there were only three times that he wasn't working -- when in school, on Sunday, and when darkness drove them from the fields. In terms of economic wealth, the family had very little. But they had the support and love of one another. The family rejoiced, and it was an answer to prayer, when Ralph Anderson became the first member of his family ever to graduate from high school. But he didn't stop there. He went on to Clemson, worked and paid his way through college, and did so well that after three years he was accepted at the USC law school. In addition to his difficult studies, he worked two jobs to put himself through law school. Second, Ralph Anderson's upbringing has given him an unparalleled work ethic on the judiciary. He keeps long and rigorous hours, and it's not uncommon for him to start hearings at 7:30 a.m. and quit for the day at 7:00 p.m. -- not because he has to, but because he is willing to. When a county docket is backlogged, the court administration sends Ralph King Anderson because they know he will get the job done. The members of the Bar recognize and appreciate Judge Anderson's work ethic. You know, it's been said that lawyers can be a cutthroat bunch, and I don't know what misguided person said that, but I do know this. In response to the Bar Association's anonymous survey about our judicial candidates, a time when lawyers could cut a judge to pieces without fear of being identified, rated Judge Ralph King Anderson of unquestionable character and integrity, and the number one judge in the State in knowledge of the law and application of court rules. Third, Ralph King Anderson has a distinguished record of public service. During his tenure in the General Assembly, he consistently fought for the little guy, those hundreds of thousands of our constituents who work too hard to come to these halls to express an opinion, who can't afford to hire a lobbyist, but whose tax dollars and loyalty allow this legislature to function. Do you remember the Christmas classic 'It's a Wonderful Life' where Clarence the Angel, gave Jimmy Stewart the unique opportunity to see what his community would be like had he not been born? Although there are many examples that emphasize how our lives -- yours, mine, and all South Carolinians -- would be different if Ralph King Anderson had not come our way and given of himself through public service. Ralph Anderson was the chief sponsor of legislation to create the position of Consumer Advocate in South Carolina. Perceiving that the average citizen was getting run over in the business world, he fought the utilities, the banks, the dairy commission, and about every other organized business entity of that time to create the Consumer Advocate. It took six years, but he never gave up. This year, 70,000 South Carolinians, mine and your constituents, who most often have no other place to turn, will be assisted by South Carolina's Consumer Advocate. Fourth, Ralph King Anderson brings great compassion to his judicial duties. You may recall some years ago reading in the press about a South Carolinian who pled guilty to two crimes simultaneously, one of which was a driving offense carrying a sentence of only 30 days and the other of which carried a term of years. Somehow, and I know you will find this inefficiency hard to believe in our government, but at the end of 30 days, the door swung open and he was released. But he didn't flee, in fact he lived right there in the community, and he returned home, went to work, supported his family, and was a model citizen. Ten years later, somehow, some way, the mistake was discovered, and the police went to his home and in front of friends and family arrested him and took him away. They even considered charging him with escape when they were the ones that opened the door and told him to go. Now you be the judge -- should society's demand for retribution ten years later put that man in prison? Or, was it clear that rehabilitation had occurred, and society's interest would be better served by using that prison bed for a violent criminal, while this peaceful man went about his life and raised his family? In an opinion published nationwide by the National Law Journal, Judge Anderson returned the man to his family and his job, where he still today leads an exemplary life. Fifth and finally, Judge Ralph King Anderson is the best man for this job because of his overwhelming love and dedication to his family. Most of you know, I'm sure, that Judge Anderson's son, Tripp, who was just elected, is wheelchair bound. But what you may not know is that Judge Anderson's wife, Loretta, who we are pleased to have with us in the balcony, is also wheelchair bound. Throughout his career -- legislative, judicial, and even as a candidate for the Supreme Court, he's put in a full day's work, but you don't see him here at night, running around to receptions or parties. That's because he's at home, with his wife, with his family. We all are guilty of coming up here and getting wrapped up in State House politics and forgetting what's important to people back home in the towns and cities of this State. When we get up here we may think 'State House deals' and coalition building is more important than listening to our people's voices. I lose sight. But, if you step back for a moment and reflect on it and ask yourself 'What kind of person do the citizens in my district want me to put on our State's highest court?' A person who is a real straight arrow, unquestioned integrity, honesty, fairness, who is a true intellect and will challenge the court and staff intellectually instead of simply accepting input of young staff attorneys who draft opinions over there. Also, a person who has a strong work ethic, a true workaholic who gives back far more than he receives. In Ralph King Anderson, we have a candidate who embodies these qualities, a man who has exactly what your people back home want in a Supreme Court Justice. By voting for him, you can hold your head high, you can look over yourself in the mirror and say 'I did the right thing for my state.' Ladies and gentlemen, I have no doubt that Ralph King Anderson is the best candidate for the Supreme Court and am proud to place his name in nomination. Thank you."
Representatives McLEOD, NEILSON, ASKINS, HARWELL, ELLIOTT, HOUCK, Senator Leatherman, Representatives McKAY, CROMER, HARVIN, HOLT, Senator Rankin and Representatives MARTIN, JENNINGS, KELLEY, WITHERSPOON and KOON seconded the nomination of Ralph King Anderson, Jr.
Senator Patterson nominated the Honorable Costa M. Pleicones as follows:
"Thank you very much Mr. President, Mr. Speaker, colleagues of the General Assembly...It gives me a great deal of pleasure and satisfaction to rise and place in nomination my longtime friend, Costa M. Pleicones. Judge Pleicones has served well. He was born in Greenville, South Carolina back in 1944 but his parents had the vision and intelligence to move to Columbia, South Carolina. He completed the public schools here and graduated from Columbia High School and for some reason, he went back to Greenville and finished Wofford College in 1965, but then he, too, had vision and he moved back to Columbia and finished USC Law School. He has been an outstanding lawyer here in South Carolina. He has taught courses to law students planning to enter the Bar. He has been admitted to the South Carolina Supreme Court, Military Court of Appeals, Fourth Judicial Circuit, South Carolina. He has been a prosecutor here in South Carolina. He has served as a public defender. He has tried many cases all the way from murder charges through magistrate and municipal court. He has served as a county council attorney here in Richland County. He is a partner in Lewis, Babcock, Pleicones and Hawkins. He has been a municipal judge in Columbia. He is a United States Army Reserve Colonel. His credentials will go on and on. The Committee found him to be a man of compassion, respectful for litigants, respectful for lawyers while maintaining decorum in the court room. I know as a judge, that when we go before a judge, we expect justice, but not only justice, but we look for a little mercy. And Costa Pleicones reminds me of a part of the scripture, where it says to let justice roll down like the waters and righteous as a mighty stream, that is Pleicones as I know him. He has served more than seven times on the South Carolina Supreme Court as a justice helping them out there. The Judicial Qualifications Committee found him to be a man of high intelligence and a very intelligent judge, well prepared. He makes rulings that personally he might not agree with, but he knows it is the law and he hands down the right decisions. He has been known to be fair to litigants and display no bias and favors for or against particular litigants or decisions. He has temperament on the bench and is considered to be outstanding. The Committee found him to be a man of character and integrity unquestioned above and beyond reproach. He tries to help people from the bench. Victor Hugo says that if a soul is left in darkness, sins will be committed and the guilt to one is not he who necessarily commits the sin, but he who causes the darkness. Costa Pleicones has helped us in the community, not only on the bench, but he has helped us in our communities by coming in the communities, teaching our children the things that they ought to do in our elementary schools, middle schools, and high schools. I have known him for many, many, years and for that reason, ladies and gentlemen, it is a pleasure and an honor for me to present and nominate to you my friend, Costa Pleicones. Thank you very much."
Representatives TUCKER, BYRD, SCOTT, WAITES, Senators Leventis, Courson, Representative HARRISON, Senator Jackson, Representative SHISSIAS, Senator Wilson, Representatives ROGERS and NEAL seconded the nomination of Costa M. Pleicones.
Senator Setzler nominated the Honorable Randall T. Bell as follows:
"Mr. President, Mr. Speaker, my esteemed colleagues in the House and Senate...I rise for the first time today in 18 years in this General Assembly to nominate someone to the Supreme Court in South Carolina. I rise to nominate my friend, my constituent and our Judge, Judge Randall T. Bell, of the South Carolina Court of Appeals, for election to the Supreme Court of South Carolina. I am going to dispense with the customary biographical information about Judge Bell, except to say he is a good family man and his wife is in the balcony with him and he is an active member of his church. Members of the General Assembly who are interested in other aspects of Judge Bell's career have probably already read the Legislative Manual or the Screening Committee Report. Ladies and Gentlemen, I want to go straight to what should be uppermost in the mind of this Joint Assembly today -- Judge Bell's exceptional qualifications for serving on the Supreme Court of our great State. Our own Joint Judicial Screening Committee reports that as a member of the Court of Appeals for over ten years, Judge Bell has researched and written hundreds of scholarly judicial opinions. The Committee considers him to be 'highly intelligent, with outstanding analytical ability.' It also finds his ethics are 'unassailable.' The Judicial Qualifications Committee of the South Carolina Bar has this to say about Randy Bell, 'Judge Bell has been a judge of the South Carolina Court of Appeals for over ten years. In that capacity, he has distinguished himself with scholarly and learned opinions and has been an active, well-prepared participant in oral arguments before the Court.' Judge Bell is generally perceived as a brilliant jurist, qualified for service at the highest level of whether State or Federal judiciary. His work habits, temperament, personal traits and integrity are absolutely beyond question. The Columbia Lawyers Association has unanimously endorsed Judge Bell for election to the Supreme Court. The Columbia Lawyers Association is a voluntary professional association of black attorneys in the Midlands. I am told it has over 150 members. Of the several judges from the Midlands Area who filed for this seat, only Judge Bell has been endorsed by the Columbia Lawyers Association. This is what the Association's membership has to say about Randy Bell, 'Judge Bell has an impeccable reputation as an impartial jurist whose decisions are based on the law rather than the identity of the lawyers or the parties in the case. The membership of the Columbia Lawyers Association finds Judge Bell to be open, favorable, frank, honest, fair and helpful. He has a strong commitment to the concerns and cares of African Americans. A leading newspaper in South Carolina recently had this to say about Judge Bell, Judge Bell is easily the most impressive legal intellect among the candidates for the state's highest court. When one counts his service with the state attorney general's office, his teaching at the USC School of Law and his intervening private practice, he is also the most broadly experienced of the candidates. Ladies and Gentlemen, I need not labor the point. On the merits, Judge Bell clearly stands out from the other candidates -- all of whom are -- to be sure -- capable and qualified trial court judges. However, Judge Bell's qualifications are exceptional. Judge Bell already has more years of experience on the appellate bench than any member of the Supreme Court on which he will serve if we elect him today. He is the only candidate before us who is an experienced appellate judge. Judge Bell not only has an enviable reputation in South Carolina; he also is regarded as an outstanding appellate judge across the nation. He is the only member of the National Institute for Appellate Advocacy from South Carolina. Membership in the Institute is by invitation only and is limited to state and federal judges who are recognized as the best on the appellate bench nationwide. He is also a member of the American Law Institute, the most prestigious legal organization in America. Membership in the ALI is also by invitation only and is limited to less than one-half percent of all lawyers and judges in America. All of this makes Judge Bell the obvious choice for the Supreme Court. Ladies and Gentlemen, I have had conversations with other members about this Supreme Court election. Not once have I heard any member of this General Assembly disagree that Judge Bell's qualifications are exceptional. As members of the General Assembly, we are statewide constitutional officers. We are charged with the public trust -- to put the common good above all else. Each of us can come up with personal excuses to vote for some other candidate. But if we vote on the merits today, the vote we must cast is clear. We should elect Judge Bell. Ladies and Gentlemen, it is with great pride and honor that I place in nomination the name of a brilliant jurist, an experienced appellate jurist -- Judge Randall T. Bell -- for election to the Supreme Court of South Carolina. Thank you."
Representatives SIMRILL, STUART, GAMBLE, MEACHAM, MOODY-LAWRENCE, Senator Drummond, Representative RISER, Senator Thomas, Representative FULMER and Senator Ryberg seconded the nomination of Randall T. Bell.
Senator Courtney nominated the Honorable E. C. Burnett, III as follows:
"Ladies and gentlemen, members of this Joint Assembly...I want you to know that the first time that I met E. C. Burnett, I was a young college student at Wofford College in Spartanburg, South Carolina and he was a young practicing attorney there. There is not that much age difference between us, only a decade or two, but I remember at the time that we had an interim program that allowed students going to law school to work with attorneys and have advice of the attorneys. We were having trouble getting the attorneys in Spartanburg to participate. They didn't want to give their time. I met E. C. Burnett through that program, because he was one of the only ones who was willing to give his time to those students. In that capacity, he advised us and let us come to his office individually and in the court rooms. He gave his time to us, not because there was any fee involved for him and not because he was running for anything, but because he wanted to help. The next time I met him, I was out of law school and practicing law and I found myself along side in some cases with him and I quickly learned that he was a man of his word. When he told you that he agreed to something, he stuck to it and did stand back. I remember when we had a real bad situation in the office of the Clerk of Court in Spartanburg which resulted in criminal charges being brought against the Clerk and one or two of his assistants. The integrity of E. C. Burnett was such that out of all the community, the local delegation asked him if he would step in temporarily and try to straighten it out. He volunteered his time to straighten out a very messy situation. He restored confidence in the office of the Clerk of Court and he did it again sacrificing his office and the income that he could receive from that. We talk about qualifications and I would like for you to listen to the background of Judge Burnett. He was elected as Probate Judge in Spartanburg County in 1976 and there he served for four years. He had to make decisions himself, no jury. He has to decide how to interpret wills. He served well and as a result, he was elected for Family Court in Spartanburg. There is no more stressful situation than that. He had to make heart wrenching decisions whether to separate a family and who were the children going to live with, who received what property, who would be charged as an adult criminal. It was a very difficult decision. He did serve again and was elected as a Circuit Judge. He has now served for 13 years as a Circuit Judge, one of the more senior judges. He has always run an efficient court room. He knows that justice delayed is justice denied. I have seen him work into the night many times. He has held court on weekends knowing how important it is to keep the cases moving. He has handled every type of civil case from small car to complex accidents, to murder cases and he has absolutely distinguished himself as a circuit court judge. He has served throughout the State of South Carolina. He has always been one that made a lawyer do his or her job. You knew that you better be prepared when you came into the court room. He knew that a client had paid hard earned money for you to represent them. He insisted that you give them your best. He is efficient and fair. I would ask that you consider him. I think everyone is qualified, but as Senator Setzler said, there are many candidates filed from the Midlands. Judge Burnett is the only one from the upstate and the upstate area with the large part of the population and the large part of the economy that it contributes, had no representation on the Supreme Court. Please consider that, but aside from that, I want to close that he is a hard working man who has served his country, from 1964-66 in the armed forces including Vietnam, has been married to his wife Jamie for 30 years and has three children, he is an elder at Mt. Calvary Baptist Church, a former member of the House of Representatives and always active in the community. I cannot think of anyone who has the background and experience to be more qualified to serve as an Associate Justice on the Supreme Court and at this time, I place his name in nomination. Thank you."
Representatives D. WILDER, STODDARD, BEATTY, WALKER, DAVENPORT, LITTLEJOHN, D. SMITH, PHILLIPS, ANDERSON, VAUGHN, A. YOUNG, Senators Mitchell, Peeler, Representatives McCRAW, LANFORD, WOFFORD, WILKES and Senators Russell and Reese seconded the nomination of E. C. Burnett, III.
May 18, 1994
Joint Legislative Committee for
Judicial Screening
Post Office Box 142
211 Gressette Building
Columbia, South Carolina 29202
Attention: Barbara Satterwhite
Dear Committee Members:
I hereby withdraw as a candidate for Associate Justice of the South Carolina Supreme Court.
Sincerely yours,
Julius H. Baggett
May 20, 1994
The Honorable James H. Hodges
Chairman, Joint Legislative Committee
for Judicial Screening
P.O. Box 142
Columbia, South Carolina 29202
Dear Mr. Chairman:
After much thought and prayer, I am withdrawing from the Supreme Court race. Thanks to many wonderfully committed Legislators, we ran a heck of a campaign. Coming from a virtual unknown in the General Assembly, to being a legitimate contender was an accomplishment I owe to my supporters. I truly appreciate the many friendships made during this process.
I came to see first hand that this election process is difficult for both the candidates and the Legislators. And, through it all, I came to genuinely appreciate the kindness and courtesy shown to me by all in the Legislature.
I trust this body will make the decision it deems best for the State of South Carolina. May the Lord be with you.
Sincerely,
Charles B. Simmons, Jr.
On motion of Rep. HODGES, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Anderson:
Glover Land Leatherman Rankin Richter Rose Saleeby
The following named Senators voted for Judge Bell:
Drummond Gregory Hayes Macaulay Martin McGill Mescher Passailaigue Ryberg Setzler Stilwell Thomas
The following named Senators voted for Judge Burnett:
Bryan Courtney Matthews McConnell Mitchell Peeler Reese Russell Smith, J.V. Washington Williams
The following named Senators voted for Judge Kinard:
Cork Elliott Giese Holland Lander Smith, G. Waldrep
The following named Senators voted for Judge Pleicones:
Courson Ford Jackson Leventis Moore O'Dell Patterson Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Judge Anderson:
Askins Baxley Cromer Elliott Harrelson Harwell Holt Houck Hutson Jennings Keegan Kelley Koon Marchbanks Martin McElveen McKay McLeod Neilson Rhoad Rudnick Snow Thomas Witherspoon
The following named Representatives voted for Judge Bell:
Alexander, M.O. Bailey, J. Brown, H. Chamblee Fulmer Gamble Gonzales Hallman Harrell Jaskwhich Kennedy Keyserling Kirsh Klauber Meacham Moody-Lawrence Richardson Riser Robinson Simrill Stuart
The following named Representatives voted for Judge Burnett:
Allison Anderson Bailey, G. Baker Beatty Canty Cato Clyborne Cobb-Hunter Cooper Davenport Fair Farr Govan Graham Haskins Hines Huff Lanford Law Littlejohn McCraw McMahand Phillips Quinn Sharpe Smith, D. Smith, R. Stoddard Trotter Vaughn Walker Wells Whipper White Wilder, D. Wilkes Wilkins Williams Wofford Young, A. Young, R.
The following named Representatives voted for Judge Kinard:
Alexander, T.C. Boan Brown, G. Carnell Corning Delleney Harris, J. Harris, P. Hodges Inabinett Mattos McAbee Sheheen Spearman Stille Waldrop Worley
The following named Representatives voted for Judge Pleicones:
Barber Brown, J. Byrd Felder Harrison Neal Rogers Scott Shissias Stone Sturkie Townsend Tucker Waites Wilder, J. Wright
Total number of Senators voting 45
Total number of Representatives voting 120
Grand Total 165
Necessary to a choice 83
Of which Judge Anderson received 31
Of which Judge Bell received 33
Of which Judge Burnett received 53
Of which Judge Kinard received 24
Of which Judge Pleicones received 24
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
On motion of Rep. HODGES, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Anderson:
Land Leatherman Rankin Richter Rose Saleeby
The following named Senators voted for Judge Bell:
Drummond Ford Glover Gregory Hayes Macaulay Martin McGill Mescher Passailaigue Ryberg Setzler Stilwell Thomas
The following named Senators voted for Judge Burnett:
Bryan Courtney Matthews McConnell Mitchell Peeler Reese Russell Smith, J.V. Washington Williams
The following named Senators voted for Judge Kinard:
Cork Elliott Giese Holland Lander Smith, G. Waldrep
The following named Senators voted for Judge Pleicones:
Courson Jackson Leventis Moore O'Dell Patterson Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Judge Anderson:
Askins Baxley Cromer Elliott Felder Harrelson Harvin Harwell Hines Holt Houck Hutson Jennings Keegan Kelley Koon Marchbanks Martin McElveen McKay McLeod Neilson Rudnick Snow Thomas Witherspoon
The following named Representatives voted for Judge Bell:
Alexander, M.O. Bailey, J. Brown, J. Chamblee Cobb-Hunter Fulmer Gamble Gonzales Govan Hallman Harrell Jaskwhich Keyserling Kirsh Meacham Moody-Lawrence Neal Richardson Riser Robinson Scott Simrill Stuart
The following named Representatives voted for Judge Burnett:
Allison Anderson Bailey, G. Baker Beatty Brown, H. Canty Carnell Cato Clyborne Cooper Davenport Fair Farr Graham Haskins Huff Klauber Lanford Law Littlejohn McCraw McMahand Phillips Quinn Sharpe Smith, D. Smith, R. Stoddard Trotter Vaughn Walker Wells Whipper White Wilder, D. Wilkes Wilkins Williams Wofford Wright Young, A. Young, R.
The following named Representatives voted for Judge Kinard:
Alexander, T.C. Boan Brown, G. Corning Delleney Harris, J. Harris, P. Hodges Inabinett Kennedy Mattos McAbee Rhoad Sheheen Spearman Stille Waldrop Worley
The following named Representatives voted for Judge Pleicones:
Barber Byrd Harrison Rogers Shissias Stone Sturkie Townsend Tucker Waites Wilder, J.
Total number of Senators voting 45
Total number of Representatives voting 121
Grand Total 166
Necessary to a choice 84
Of which Judge Anderson received 32
Of which Judge Bell received 37
Of which Judge Burnett received 54
Of which Judge Kinard received 25
Of which Judge Pleicones received 18
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
Rep. HARRISON withdrew the Honorable Costa M. Pleicones as a candidate.
On motion of Rep. HODGES, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Anderson:
Land Leatherman Rankin Richter Rose Saleeby
The following named Senators voted for Judge Bell:
Courson Drummond Gregory Hayes Jackson Leventis Macaulay Martin McGill Mescher Moore Passailaigue Patterson Ryberg Setzler Stilwell Thomas
The following named Senators voted for Judge Burnett:
Bryan Courtney Ford Glover Matthews McConnell Mitchell O'Dell Peeler Reese Russell Smith, J.V. Washington Williams Wilson
The following named Senators voted for Judge Kinard:
Cork Elliott Giese Holland Lander Smith, G. Waldrep
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Judge Anderson:
Askins Barber Baxley Cromer Elliott Felder Harrelson Harvin Harwell Hines Holt Houck Hutson Jennings Keegan Kelley Koon Marchbanks Martin McElveen McKay McLeod Neilson Rudnick Snow Witherspoon
The following named Representatives voted for Judge Bell:
Alexander, M.O. Bailey, J. Brown, J. Corning Fulmer Gamble Gonzales Hallman Harrell Jaskwhich Keyserling Kirsh Meacham Moody-Lawrence Neal Richardson Riser Robinson Scott Shissias Simrill Stuart
The following named Representatives voted for Judge Burnett:
Allison Anderson Bailey, G. Baker Beatty Brown, H. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Davenport Fair Farr Govan Graham Harrison Haskins Huff Inabinett Klauber Lanford Law Littlejohn McCraw McMahand Phillips Quinn Sharpe Smith, D. Smith, R. Stoddard Stone Sturkie Thomas Townsend Trotter Vaughn Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Wofford Wright Young, A. Young, R.
The following named Representatives voted for Judge Kinard:
Alexander, T.C. Boan Brown, G. Byrd Delleney Harris, J. Harris, P. Hodges Kennedy Mattos McAbee Rhoad Rogers Sheheen Spearman Stille Tucker Waites Waldrop Worley
Total number of Senators voting 45
Total number of Representatives voting 121
Grand Total 166
Necessary to a choice 84
Of which Judge Anderson received 32
Of which Judge Bell received 39
Of which Judge Burnett received 68
Of which Judge Kinard received 27
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
SPEAKER SHEHEEN withdrew the Honorable J. Ernest Kinard, Jr. as a candidate.
On motion of Rep. HODGES, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Anderson:
Elliott Glover Land Leatherman Rankin Richter Rose Saleeby
The following named Senators voted for Judge Bell:
Cork Courson Drummond Giese Gregory Hayes Holland Jackson Lander Leventis Macaulay Martin McGill Mescher Moore Passailaigue Patterson Ryberg Setzler Smith, G. Stilwell Thomas Waldrep
The following named Senators voted for Judge Burnett:
Bryan Courtney Ford Matthews McConnell Mitchell O'Dell Peeler Reese Russell Smith, J.V. Washington Williams Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Judge Anderson:
Askins Barber Baxley Boan Brown, G. Cromer Elliott Felder Harrelson Harris, J. Harvin Harwell Holt Houck Hutson Jennings Keegan Kelley Koon Martin McAbee McElveen McKay McLeod Neilson Rhoad Rudnick Sheheen Snow Sturkie Tucker Waldrop Witherspoon Worley
The following named Representatives voted for Judge Bell:
Alexander, M.O. Alexander, T.C. Bailey, J. Byrd Cobb-Hunter Corning Fulmer Gamble Hallman Harrell Harris, P. Hodges Jaskwhich Kennedy Keyserling Kirsh Marchbanks Meacham Moody-Lawrence Neal Richardson Riser Robinson Rogers Scott Shissias Simrill Spearman Stille Stuart Thomas Waites Whipper White
The following named Representatives voted for Judge Burnett:
Allison Anderson Bailey, G. Baker Beatty Brown, H. Brown, J. Canty Carnell Cato Chamblee Clyborne Cooper Davenport Delleney Fair Farr Govan Graham Harrison Haskins Hines Huff Inabinett Klauber Lanford Law Littlejohn Mattos McCraw McMahand Phillips Quinn Sharpe Smith, D. Smith, R. Stoddard Stone Townsend Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Williams Wofford Wright Young, A. Young, R.
Total number of Senators voting 45
Total number of Representatives voting 120
Grand Total 165
Necessary to a choice 83
Of which Judge Anderson received 42
Of which Judge Bell received 57
Of which Judge Burnett received 66
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
On motion of Rep. HODGES, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Anderson:
Elliott Glover Land Leatherman Rankin Richter Saleeby
The following named Senators voted for Judge Bell:
Cork Courson Drummond Giese Gregory Hayes Holland Jackson Lander Leventis Macaulay Martin McGill Mescher Moore Passailaigue Patterson Rose Ryberg Setzler Smith, G. Stilwell Thomas Waldrep
The following named Senators voted for Judge Burnett:
Bryan Courtney Ford Matthews McConnell Mitchell O'Dell Peeler Reese Russell Smith, J.V. Washington Williams Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Judge Anderson:
Askins Barber Baxley Cromer Elliott Harrelson Harvin Harwell Hines Holt Houck Jennings Keegan Kelley Koon Martin McAbee McElveen McKay McLeod Neilson Rhoad Rudnick Sheheen Snow Spearman Thomas Tucker Witherspoon Worley
The following named Representatives voted for Judge Bell:
Alexander, M.O. Alexander, T.C. Bailey, J. Boan Byrd Cobb-Hunter Corning Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, P. Hodges Hutson Jaskwhich Kennedy Keyserling Kirsh Law Marchbanks Mattos Meacham Moody-Lawrence Neal Richardson Robinson Rogers Scott Shissias Simrill Stille Stuart Sturkie Waites Whipper White
The following named Representatives voted for Judge Burnett:
Allison Anderson Bailey, G. Baker Beatty Brown, G. Brown, H. Canty Carnell Cato Chamblee Clyborne Cooper Davenport Delleney Fair Farr Felder Harris, J. Harrison Haskins Huff Inabinett Klauber Lanford Littlejohn McCraw McMahand Phillips Quinn Sharpe Smith, D. Smith, R. Stoddard Stone Townsend Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Williams Wofford Wright Young, A. Young, R.
Total number of Senators voting 45
Total number of Representatives voting 119
Grand Total 164
Necessary to a choice 83
Of which Judge Anderson received 37
Of which Judge Bell received 63
Of which Judge Burnett received 64
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
Rep. BAXLEY withdrew the Honorable Ralph King Anderson, Jr. as a candidate.
On motion of Rep. HODGES, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Bell:
Cork Courson Drummond Elliott Giese Glover Gregory Hayes Holland Jackson Lander Leatherman Leventis Macaulay Martin McGill Mescher Moore Passailaigue Patterson Rose Ryberg Saleeby Setzler Smith, G. Stilwell Thomas Waldrep
The following named Senators voted for Judge Burnett:
Bryan Courtney Ford Land Matthews McConnell Mitchell O'Dell Peeler Rankin Reese Richter Russell Smith, J.V. Washington Williams Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Judge Bell:
Alexander, M.O. Alexander, T.C. Askins Bailey, J. Barber Baxley Boan Brown, J. Byrd Chamblee Cobb-Hunter Corning Cromer Fulmer Gamble Gonzales Hallman Harrell Harrelson Harris, J. Harris, P. Hines Hodges Holt Houck Hutson Jaskwhich Jennings Keegan Kennedy Keyserling Kirsh Koon Marchbanks Mattos McAbee McElveen McKay McMahand Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Spearman Stille Stone Stuart Sturkie Tucker Waites Waldrop Whipper White
The following named Representatives voted for Judge Burnett:
Anderson Bailey, G. Baker Beatty Brown, G. Brown, H. Carnell Cato Clyborne Cooper Davenport Delleney Elliott Fair Farr Felder Govan Graham Harrison Harvin Harwell Haskins Huff Inabinett Kelley Klauber Lanford Law Littlejohn Martin McCraw McLeod Phillips Quinn Sharpe Smith, D. Smith, R. Snow Stoddard Thomas Townsend Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Total number of Senators voting 45
Total number of Representatives voting 119
Grand Total 164
Necessary to a choice 83
Of which Judge Bell received 91
Of which Judge Burnett received 73
Whereupon, the President announced that the Honorable Randall Theron Bell was duly elected for the term prescribed by law.
I was unable to be present for the elections held today. Had I been present I would have voted in favor of E.C. Burnett.
Rep. FLOYD BREELAND
The President announced that nominations were in order for two members of the Consumer Affairs Commission.
The President recognized Senator Courtney, Chairman of the Joint Screening Committee.
The President announced that nominations were in order for a member of the Consumer Affairs Commission for a term to expire on June 30, 1997.
Senator Courtney, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Doris M. Bradberry, Robin Lewis Kinard, Robert Joe Leapord, John E. Lewis and Ronald G. Skipper.
On motion of Senator Courtney, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mrs. Bradberry.
Martin Moore Smith, J.V. Waldrep
The following named Senators voted for Ms. Kinard:
Giese Lander
The following named Senators voted for Mr. Leapord:
Cork Courtney Patterson Peeler Reese Stilwell Thomas Wilson
The following named Senators voted for Mr. Lewis:
The following named Senators voted for Mr. Skipper:
Drummond Elliott Glover Leatherman Macaulay McConnell Mitchell Passailaigue Rankin Russell Saleeby Washington
On motion of Rep. BAXLEY, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mrs. Bradberry:
Allison Baker Beatty Brown, H. Brown, J. Cato Chamblee Clyborne Cooper Fair Felder Fulmer Gamble Graham Hallman Harrell Haskins Jaskwhich Klauber Koon Lanford Law McLeod McMahand Meacham Quinn Riser Robinson Rogers Stille Stoddard Townsend Trotter Tucker Vaughn Waites Wells Whipper Wilder, D. Wilkins Wofford Young, A. Young, R.
The following named Representatives voted for Ms. Kinard:
Inabinett Keegan Scott Wilder, J. Wilkes
The following named Representatives voted for Mr. Leapord:
Alexander, M.O. Carnell Mattos Neal Stuart Walker
The following named Representatives voted for Mr. Lewis:
The following named Representatives voted for Mr. Skipper:
Alexander, T.C. Anderson Askins Bailey, G. Baxley Boan Brown, G. Byrd Canty Cobb-Hunter Corning Davenport Delleney Farr Harrelson Harris, J. Harvin Harwell Hines Houck Hutson Jennings Keyserling Kinon Kirsh McCraw McElveen McKay Moody-Lawrence Neilson Rhoad Richardson Rudnick Sheheen Shissias Simrill Smith, R. Snow Spearman Stone Thomas Waldrop White Witherspoon Worley Wright
Total number of Senators voting 26
Total number of Representatives voting 100
Grand Total 126
Necessary to a choice 64
Of which Mrs. Bradberry received 47
Of which Ms. Kinard received 7
Of which Mr. Leapord received 14
Of which Mr. Lewis received 0
Of which Mr. Skipper received 58
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
On motion of Senator Courtney, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mrs. Bradberry:
Courson Courtney Macaulay Martin Moore O'Dell Peeler Richter Ryberg Smith, J.V. Waldrep
The following named Senators voted for Ms. Kinard:
The following named Senators voted for Mr. Leapord:
Bryan Cork Lander Russell Thomas Wilson
The following named Senators voted for Mr. Lewis:
The following named Senators voted for Mr. Skipper:
Elliott Giese Glover Hayes Leatherman Matthews McConnell Mitchell Passailaigue Patterson Rankin Reese Saleeby Setzler Washington
On motion of Rep. BAXLEY, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mrs. Bradberry:
Alexander, M.O. Alexander, T.C. Allison Beatty Brown, H. Brown, J. Carnell Cato Chamblee Cooper Cromer Fair Felder Fulmer Graham Hallman Harrell Haskins Hodges Keegan Kennedy Klauber Koon Lanford Littlejohn Mattos McAbee McLeod McMahand Meacham Riser Robinson Smith, D. Stille Stoddard Townsend Trotter Tucker Vaughn Waites Walker Wells Wilkes Wilkins Wofford Wright Young, A. Young, R.
The following named Representatives voted for Ms. Kinard:
The following named Representatives voted for Mr. Leapord:
Littlejohn
The following named Representatives voted for Mr. Lewis:
Bailey, G.
The following named Representatives voted for Mr. Skipper:
Anderson Askins Bailey, J. Barber Baxley Boan Brown, G. Byrd Canty Cobb-Hunter Corning Davenport Delleney Farr Gamble Govan Harrelson Harris, J. Harvin Harwell Hines Holt Houck Hutson Inabinett Jennings Kelley Keyserling Kinon Kirsh McCraw McElveen McKay Moody-Lawrence Neal Neilson Rhoad Richardson Rudnick Scott Sheheen Shissias Simrill Smith, R. Snow Spearman Stone Stuart Thomas Waldrop Whipper White Wilder, D. Wilder, J. Worley
Total number of Senators voting 32
Total number of Representatives voting 105
Grand Total 137
Necessary to a choice 69
Of which Mrs. Bradberry received 59
Of which Ms. Kinard received 0
Of which Mr. Leapord received 7
Of which Mr. Lewis received 1
Of which Mr. Skipper received 70
Whereupon, the President announced that Mr. Ronald G. Skipper, having received a majority of the votes cast, was duly elected for the term prescribed by law.
I was unable to be present for the elections held today. Had I been present I would have voted in favor of Ronald G. Skipper.
Rep. FLOYD BREELAND
The President announced that nominations were in order for a member of the Consumer Affairs Commission for a term to expire on June 30, 1996.
Senator Courtney, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: David L. Churchill, James Lee Edwards, Ned D. Johnson, Lonnie Randolph, Jr. and Joseph E. Timms, Jr.
On motion of Senator Courtney, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Churchill:
The following named Senators voted for Mr. Edwards:
Wilson
The following named Senators voted for Mr. Johnson:
Elliott
The following named Senators voted for Mr. Randolph:
Bryan Cork Courson Courtney Giese Glover Hayes Lander Leatherman Leventis Macaulay Martin Matthews McConnell Mitchell Moore O'Dell Passailaigue Patterson Peeler Richter Russell Setzler Thomas Waldrep Washington
The following named Senators voted for Mr. Timms:
Rankin Smith, G.
On motion of Rep. BAXLEY, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Churchill:
Bailey, J.
The following named Representatives voted for Mr. Edwards:
The following named Representatives voted for Mr. Johnson:
Clyborne Huff Young, A.
The following named Representatives voted for Mr. Randolph:
Allison Anderson Barber Boan Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Delleney Fair Farr Felder Fulmer Gamble Govan Harrell Harrelson Harris, J. Harvin Harwell Hines Hodges Holt Hutson Inabinett Jennings Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Littlejohn Mattos McCraw McElveen McLeod McMahand Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Whipper White Wilder, D. Wilder, J. Wilkins Wofford Worley
The following named Representatives voted for Mr. Timms:
Askins Houck Keegan Kelley Martin McKay Riser Witherspoon
Total number of Senators voting 30
Total number of Representatives voting 92
Grand Total 122
Necessary to a choice 62
Of which Mr. Churchill received 1
Of which Mr. Edwards received 1
Of which Mr. Johnson received 4
Of which Mr. Randolph received 106
Of which Mr. Timms received 10
Whereupon, the President announced that Mr. Lonnie Randolph, Jr. was duly elected for the term prescribed by law.
I was unable to be present for the elections held today. Had I been present I would have voted in favor of Dr. Lonnie Randolph.
Rep. FLOYD BREELAND
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 2:45 P.M. the House resumed, the SPEAKER in the Chair.
Rep. LANFORD moved that the House recede until 4:30 P.M.
Rep. JENNINGS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5161 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROMPTLY ENACT LEGISLATION TO PROVIDE FOR MEDICAL CARE SAVINGS ACCOUNTS.
H. 5189 -- Reps. Phillips, McCraw, Farr, Littlejohn, Walker, Wells, Lanford, Allison and D. Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO DEVELOP AND APPROVE QUICKLY THE NATIONAL HIGHWAY SYSTEM NO LATER THAN SEPTEMBER 30, 1994.
H. 5225 -- Reps. McMahand, M.O. Alexander, Anderson, Baker, Cato, Haskins, Jaskwhich, Mattos, Wilkins and Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE DR. THOMAS ELLIOTT KERNS OF GREENVILLE, SUPERINTENDENT OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, UPON HIS RETIREMENT AFTER THIRTY-NINE YEARS OF SERVICE IN THE DISTRICT.
H. 5229 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE FORENSICS TEAM OF SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON ATTAINING STATUS AS THE STATE'S LEADING FORENSICS CHAPTER FOR 1994 IN THE NATIONAL FORENSICS LEAGUE.
H. 5231 -- Reps. Rogers and Harrelson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF B. B. CAVE OF COLLETON COUNTY WHO DIED TUESDAY, MAY 10, 1994.
At 2:47 P.M. the House in accordance with the motion of Rep. D. SMITH adjourned in memory of Richard E. Mitchell of Spartanburg, to meet at 10:00 A.M. tomorrow.
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