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The Senate amendments to the following Bill were taken up for consideration.

H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.

Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\16096AC.94), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered sections to read:

/SECTION . (A) There is created an advisory committee on family violence to the Joint Legislative Committee on Children and Families. The seven member advisory committee is comprised of the following members who must be appointed by the chairman of the Joint Legislative Committee on Children and Families:

(1) one representative from the South Carolina Coalition Against Domestic Violence and Sexual Assault;

(2) a family court judge;

(3) a magistrate;

(4) a representative from law enforcement;

(5) a representative from the University of South Carolina's Center on Family and Society;

(6) a representative from the field of public health; and

(7) a representative from a batterer's program.

(B) Organizations specified as members of the advisory committee may submit a list of nominees from their respective organizations from which the chairman may select an appointee.

(C) At its first meeting, the advisory committee shall elect a chairman from among its members.

(D) Vacancies occurring on the advisory committee must be filled in the same manner as the original appointment.

SECTION . The advisory committee shall:

(1) examine and study the problem of family violence in this State;

(3) recommend statutory changes to improve and strengthen the state's statutes on family and domestic violence;

(4) recommend programs and policies as it considers appropriate to address and eliminate the problems associated with family violence;

(5) conduct surveys and research as may be necessary.

SECTION . (A) The advisory committee may request information and assistance from an officer or agency of the State or a subdivision. Upon request the officer or agency shall provide the advisory committee all relevant information and reasonable assistance on matters of research within their knowledge and control.

(B) The expenses, resources, and staffing of the advisory committee must be shared by the membership of the advisory committee and there may be no new appropriated state funds for use by the advisory committee.

(C) The members of the advisory committee shall serve without compensation, per diem, subsistence, or mileage reimbursement.

(D) The advisory committee formally shall report its findings and recommendations to the Joint Legislative Committee on Children and Families at least once during the legislative session at a full meeting of the joint committee.

(E) The advisory committee terminates July 1, 1997, unless the General Assembly by joint resolution continues the advisory committee for a specified period of time./

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

The amendment was then adopted.

Rep. BAXLEY proposed the following Amendment No. 4, which was tabled.

Delete 16-3-1540.

Rep. BAXLEY explained the amendment.

Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to.

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. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.

Rep. HODGES explained the Senate amendment.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration.

H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.

Rep. HODGES explained the Senate amendment.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration.

H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.

Rep. GONZALES proposed the following Amendment No. 3, which was adopted.

Amend the bill, as amended by the Senate by inserting on page 1, line 26, after the words /welcome sign/ the following:

/ or other providing directions to a public facility or event/

Amend title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

Rep. HARRELSON proposed the following Amendment No. 5, which was adopted.

Amend the bill, as amended, in Section 1, line 27 by striking the word "or" and inserting a comma and after the word municipality inserting the words "or organized church."

Amend title to conform.

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. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.

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. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

Amend the bill, as and if amended, by striking Section 56-5-1535(C)(1), page 1, beginning on line 40, and inserting:

/(1) if a sign is posted at the beginning of the active work zone that states `WORK ZONE - NO SPEEDING - $200 FINE AND 30 DAYS IMPRISONMENT';/

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 8 to 17.

Rep. SIMRILL moved to table the Bill.

Rep. PHILLIPS demanded the yeas and nays, which were not ordered.

The House refused to table the Bill by a division vote of 8 to 46.

Rep. SCOTT spoke in favor of the amendment.

Rep. SIMRILL spoke against the amendment.

Rep. HARRISON spoke in favor of the amendment.

Rep. J. BROWN moved to table the amendment, which was agreed to.

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 by a division vote of 18 to 17.

The House stood at ease subject to the call of Chair.

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.

On motion of Rep. SHEHEEN, the House stood in silent prayer in memory of Mr. Charles Alexander Harvin, Jr., Rep. C. ALEX HARVIN's father.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 5162 -- Reps. Hodges, M.O. Alexander, Sturkie and Beatty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 11, 1994, AS THE TIME TO ELECT A CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM OF THE HONORABLE A. LEE CHANDLER WHO WILL BE RETIRING AS CHIEF JUSTICE IN DECEMBER, 1994, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE A. LEE CHANDLER UPON HIS BECOMING CHIEF JUSTICE, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM IN ANY VACANCY ON THE SUPREME COURT WHICH MAY OCCUR AS A RESULT OF THE ELECTION OF THE CHIEF JUSTICE AS ABOVE PROVIDED, TO ELECT A FAMILY COURT JUDGE FROM THE FIFTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM M. CAMPBELL, WHOSE TERM EXPIRES JUNE 30, 1998, AND TO ELECT A FAMILY COURT JUDGE FROM THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM OF THE HONORABLE ALBERT L. KLECKLEY, WHOSE TERM EXPIRES JUNE 30, 1998.

The President recognized Rep. HODGES, Chairman of the Joint Judicial Screening Committee.

The President announced that nominations were in order for a Chief Justice of the Supreme Court.

Rep. HODGES stated that the Honorable Ernest A. Finney, Jr., had been screened and found qualified.

"Mr. President, Mr. Speaker, Fellow Members of the South Carolina General Assembly, Ladies and Gentlemen...We gather this morning for a moment of historical significance for South Carolina, a time we will remember for years to come. We gather to elect a person to become the next Chief Justice of the Supreme Court of the State of South Carolina. And we do so with a kind of certainty which is rare in the imperfect world of legislating in these halls. Our certainty grows from the knowledge that the man we nominate this morning is also rare, a person who calls to mind the passage from Shakespeare, `Be not afraid of greatness; some are born great, some achieve greatness, and some have greatness thrust upon them.' But maybe, in the case of Ernest A. Finney, Jr., we have found a person who fits all three categories. From the beginning, he has been a man of purpose and destiny, a man who not only expected hard work and success of himself, he demanded it. He prepared himself for a career in the law and in public service with a distinguished academic record at Claflin College and South Carolina State University. He became a member of the South Carolina Bar in June 1954. Anyone familiar with recent American history will recognize what else happened in 1954, the United States Supreme Court ruled that racially segregated schools were unconstitutional. That decision would reshape forever the future of South Carolina and call upon men and women of good will for extraordinary tasks. Ernest Finney was one. That decision, the famous Brown Versus the Board of Education ruling, was rendered on May 17, 1954. Just thirty days later, a young attorney in South Carolina embarked on a career that would push the boundaries of the Brown decision which would help break the ground of opportunity for all the citizens of our State. For the last 25 years, it has been a pleasure for me to know Ernest Finney, to agree and debate with him over current issues, to experience the sensation of my constantly expanding admiration and respect for this man. Ernest Finney came to the South Carolina General Assembly in 1972, only two years after the long-standing color line was broken in this legislature. He made an immediate impact. He served on the Judiciary Committee. He marshalled the legislation to establish the Family Court. He brought great leadership and purpose to the Legislative Black Caucus. He proved to be a good friend and advisor to me when I joined him as his deskmate in 1975. Also in 1975 Ernest Finney broke another boundary and was elected circuit court judge. Like today, it was a moment of great decision for South Carolina. We made the right decision, one of our very best decisions. The words of Speaker Ramon Schwartz on that occasion still ring true today. The Speaker said of Ernest Finney, `I do not nominate

Representatives McLEOD, WHITE, COBB-HUNTER, KENNEDY, INABINETT, HARVIN, GOVAN, BREELAND, WHIPPER, HOLT, Senator Ryberg, Representatives NEAL, BYRD, CARNELL, Senator McGill, Representatives FELDER, KOON, WALDROP, JENNINGS, BAXLEY, HARRELSON, SNOW, D. WILDER, STODDARD, WILKINS, ROBINSON, RHOAD, J. WILDER, McELVEEN, Senators MOORE, LANDER, Representative HARRELL, Senators Richter, Mitchell, Leatherman, Rankin, Giese and Representatives HARWELL,

On motion of Rep. HODGES, 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 Ernest A. Finney, Jr., was duly elected for the term prescribed by law.

The President announced that nominations were in order for an Associate Justice of the Supreme Court.

Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had been screened and found qualified: the Honorable Ralph King Anderson, Jr., the Honorable Julius H. Baggett, the Honorable J. Ernest Kinard, Jr., the Honorable Costa M. Pleicones and the Honorable John H. Waller, Jr.

Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had withdrawn their names as candidates: the Honorable Ralph King Anderson, Jr., the Honorable Julius H. Baggett, the Honorable J. Ernest Kinard, Jr., the Honorable Costa M. Pleicones.

Rep. WILKINS nominated Judge John Henry Waller, Jr. as follows:

"Mr. President, ladies and gentleman of the Joint Assembly, it is my distinct privilege and honor, and truly it is an honor, today to nominate Judge John Henry Waller, Jr. to the position of Associate Justice of the Supreme Court. I am very proud to be standing before you to nominate an individual to the highest court in the State for whom I have so much respect. This is a big day. It's a big day in the life of Johnny Waller and his family. There are few days like this in a person's life and so it's a very special day for Johnny Waller and his family. But it's also a big day - a special day - for us - the members of the General Assembly and the State of South Carolina. Because we are placing not only a distinguished judge, but also a quality individual on our Supreme Court. And so while Johnny Waller and his family should be very proud this day, we too should be proud of the choice we are making today. Johnny Waller grew up in Mullins and went through the public school system there. He graduated from Wofford College and served his country on active duty in the Army. He then attended the University of South Carolina Law School

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