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The reason for abstaining on the above referenced 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. STEPHEN E. GONZALES
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 #2
The reason for abstaining on the above referenced 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 for the next year.
Rep. DOUG SMITH
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 Seat #2
Administrative Law Judge Seat #3
The reason for abstaining on the above referenced 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 coming 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 Seat #3
Administrative Law Judge Seat #2
The reason for abstaining on the above referenced 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 for the coming year.
Rep. DAVID H. WILKINS
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 Elections -
Seats 2 & 3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of potential representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the next year.
Rep. J. MICHAEL BAXLEY
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
Seat No. 2, Seat No. 3
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. MORGAN MARTIN
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: Election of Administrative Law Judges
Seats #2, #3
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. PAULA H. THOMAS
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: Election of Administrative Law Judges
Seat #1
Statement: I was out of the Chamber during the third ballot and did not vote. I had earlier voted for Kittrell on the two previous ballots and would have voted for Kittrell again on the third ballot had I voted.
Re: Election of Administrative Law Judge Seat #2 and Seat #3, I abstained from voting.
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of potential representation of a client before a particular agency
Rep. DOUGLAS JENNINGS, JR.
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 Judges Election
Seat #2 and Seat #3
The reason for abstaining on the above referenced legislation is:
Ruling of Ethics Committee February 23, 1994
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 Judges #3
The reason for abstaining on the above referenced 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 for the next year.
Rep. DOUG SMITH
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 1:15 P.M. the House resumed, the SPEAKER in the Chair.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Elliott Fulmer Gamble Govan Graham Hallman Harrelson Harris, J. Harris, P. Harvin Harwell Hines Hodges Houck Inabinett Jaskwhich Jennings Kelley Kennedy Keyserling Kinon Kirsh Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Rudnick Sharpe Sheheen Shissias Smith, D. Spearman Stille Stone Waites Walker Whipper White Wilder, D. Williams
Those who voted in the negative are:
Allison Baker Brown, H. Cato Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Gonzales Harrell Harrison Haskins Huff Hutson Keegan Lanford Law Littlejohn Meacham Quinn
Richardson Riser Robinson Scott Simrill Smith, R. Snow Stuart Thomas Trotter Tucker Vaughn Wells Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 4760 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS IN SOUTH CAROLINA IN REGARD TO THE REHABILITATIVE CARE OF OUR CITIZENS AND TO DECLARE WEDNESDAY, FEBRUARY 23, 1994, AS "PHYSICAL THERAPY DAY" IN SOUTH CAROLINA.
H. 4797 -- Reps. Wright and McElveen: A CONCURRENT RESOLUTION COMMENDING AND THANKING LINDA JACOBUS FOR HER EXCELLENT WORK AS STAFF TO THE SOUTH CAROLINA COMMITTEE ON HIGH SCHOOL APPRENTICESHIPS AND MENTORSHIPS AND AS CHAIR OF THE COMMITTEE'S SUBCOMMITTEE ON SCHOOL CURRICULUM.
H. 4798 -- Reps. Rogers, J. Brown, Byrd, Neal, Scott, Cromer, Quinn, Waites, Harrison, Shissias and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE HIGH SCHOOL TEAM OF COLUMBIA ON WINNING THE SECOND ANNUAL BLACK HISTORY BOWL, SPONSORED BY BROOKLAND BAPTIST CHURCH, FEBRUARY 12, 1994.
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:
O God our Father, we thank You for the gift of another day with its opportunities to serve within the hallowed Hall of our State Capitol, to serve both You and our fellowbeings. Grant that we might be to the highest good for our beloved State. When the hours seem long, work wearisome, problems perplexing, and decisions difficult, sustain us by Your presence and strengthen us with Your might. May we never trust an unknown future instead of an all knowing God.
Cause us to hear and to heed the assurance of our Heavenly Father: "I am the Lord, your God; fear not, for I am with You." (Isaiah 43:3,5) 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.
TO: The Clerk of the Senate
The Clerk of the House FROM: Committee to Review Candidates for the
South Carolina Public Service Commission DATE: February 22, 1994
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Donald H. Holland, Chairman
The determination of legal qualifications is limited to a determination of the candidate's residence in the appropriate Public Service Commission district as established by Section 58-3-20 of the S.C. Code of Laws, the candidate's eligibility for election as determined by Section 58-3-24 of the S.C. Code of Laws, and the candidate's compliance with Constitutional provisions limiting election to those persons eligible to be electors of this state.
To fulfill its mandate that it determine fitness beyond mere legal qualifications, the Committee has sought to do an intensive review of each candidate's experience, temperament, sensitivity to legal and ethical constraints on public service, relative understanding of public policy
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[1] See S.C. Code of Laws Section 58-3-26 (1993).
As the Committee's first report, some explanation of these various benchmarks which it used to adjudge the qualifications of candidates is appropriate.
By statutory mandate, this Committee is charged with considering the knowledge and experience of potential commissioners "in such varied fields as business, government, accounting, law, engineering, statistics, consumer affairs, and finance."[2] The Committee looks for persons who have excelled in these fields and those persons' capability to transfer this success and knowledge to the operations of the Commission.
Every candidate for the Commission carries a wealth of life experiences and business and personal relationships when seeking election to the Commission. The Committee realizes that there is little possibility of ever selecting candidates with no pre-existing conflicts of interest. To do so would, in effect, be asking candidates to have totally disassociated themselves from the "real world" and a direct repudiation of this Committee's statutory mandate to find candidates with experience in business, law, etc. However, the Committee finds it to be an important standard that a candidate recognizes when he may have a conflict of interest between his existing responsibilities and/or business interests and his future duties as a Public Service commissioner. The Committee strongly feels that a candidate should not only readily recognize such conflicts of interest, but should pro-actively and willingly offer to divest or divorce himself from such conflicts of interest. The Committee
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[2] See S.C. Code Section 58-3-26 (1993). The Committee also considers
previous service on the Commission as valuable experience.
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