Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for Your providential guardianship over this great State, giving to Her illustrious leaders both in the past and in the present. We especially thank You on this day for Your servant and the friend of many, the Honorable Robert J. Sheheen - Mr. Speaker - whose portrait is about to be unveiled in this hallowed Hall. We thank You for the quality of his service as Speaker of this august Body: for his fairness, his straightforwardness, for the depth of his durability, the keenness of his mind, the completeness of his dedication.
And as his portrait hangs here in perpetuity, may Your blessings continue to be upon this place and may Your goodness and mercy follow Your people throughout all ages. 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 Friday, the SPEAKER ordered it confirmed.
Rep. CROMER moved that when the House adjourns, it adjourn in memory of Mayor Lewis Nathaniel Scott of Eastover, which was agreed to.
In accordance with the action taken by the General Assembly on April 9, 1963 and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals sold from
January 28, 1994 to May 23, 1995,
3,032 @ $5.00 each 15,160.00
Total $ 15,170.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's
General Fund 15,160.00
Total $ 15,170.00
An itemized list of the purchasers of the Manual is available in the Clerk's Office.
Sandra K. McKinney
Clerk of the House
Date Draft Report Issued: Friday, May 19, 1995
Date and Time Final Report Issued: Tuesday, May 23, 1995--10:00 a.m.
Judicial candidates are not free to seek or accept commitments until Tuesday, May 23, 1995, at 10:00 a.m.
Candidates for Seat 2 of the Family Court of the Fifth Judicial Circuit are not free to seek or accept commitments until further notice because the application filing period for that seat has been reopened.
Several candidates' knowledge of the rules of practice and procedure in the court to which they aspire exceeded the Joint Committee's expectations. Those candidates are as follows:
The Honorable Wayne M. Creech
The Honorable Donald A. Fanning
Paul W. Garfinkel, Esquire
The Honorable John W. Kittredge
The Honorable Berry L. Mobley
The Honorable A. E. Morehead, III
The Honorable J. L. Murdock, Jr.
H. Bruce Williams, Esquire
The Joint Legislative Committee for Judicial Screening is charged by law to consider the qualifications of candidates for the judiciary. The Joint Committee has carefully investigated the candidates currently set for screening and found thirty-eight candidates qualified for judicial office and one candidate not qualified for judicial office. The Joint Committee did not reach a finding as to one candidate's qualifications as four members of the Joint Committee voted to find the candidate qualified and four members voted to find the candidate not qualified. This report details the reasons for the Joint Committee's findings and each candidate's qualifications as they relate to the Joint Committee's nine evaluative criteria.
The Joint Committee's last report, issued in March of 1995, indicated that the Joint Committee had found all candidates treated in that report to be "legally qualified." The Joint Committee defined the term "legally qualified" to mean that the candidates met the requirements for judicial office set forth in the South Carolina Constitution. The Joint Committee determined that each candidate treated in this report meets the constitutional and statutory requirements for the judicial office. The Joint Committee did, however, also make an overall finding as to whether each candidate was qualified or not qualified for service on the bench. The Joint Committee returned to its long-standing practice of making an overall finding as to candidate qualifications (and not simply a finding of legal qualification) because numerous members of the General Assembly requested that the Joint Committee do so, and the Joint Committee believes that its report will be more helpful to members of the General Assembly if it includes an overall finding as to each candidate's qualifications.
The Joint Committee conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which it questions each candidate on a wide variety of issues. The Joint Committee's investigation focuses on nine evaluative criteria. These evaluative criteria are: integrity and impartiality; legal knowledge and ability; professional experience; judicial temperament; diligence and industry; mental and physical capabilities; financial responsibilities; public service; and ethics. The Joint Committee's investigation includes the following:
(1) survey of the bench and bar;
(2) SLED and FBI investigation;
(3) credit investigation;
(4) grievance investigation;
(5) study of application materials;
(6) verification of ethics compliance;
(7) search of newspaper articles;
(8) conflict of interest investigation;
(9) court schedule study;
(10) study of appellate record;
(11) court observation; and
(12) investigation of complaints.
While the law provides that the Joint Committee is to make findings as to qualifications, the Joint Committee views its role as also including an obligation to consider candidates in the context of the judiciary on which, if elected, they will serve and, to some degree, govern. To that end, the Joint Committee inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public it represents as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts.
The Joint Committee expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important and excellence in one category does not make up for deficiencies in another.
This report is the culmination of weeks of investigatory work and public hearings. The Joint Committee takes its responsibilities very seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision. If you would like to review portions of the screening transcript or other public information about a candidate before it is printed in the Journal, please contact Michael Couick or Nancy Goodman at 212-6610.
This report conveys the Joint Committee's findings as to the qualifications of all candidates currently offering for election to the circuit and family court. In addition, the Joint Committee has found the Honorable John Black, the Honorable Luke N. Brown, Jr., the Honorable Clyde K. Laney, Jr., the Honorable Robert R. Mallard, the Honorable William J. McLeod, and the Honorable Willie T. Smith, Jr., qualified for continued service as retired judges and has communicated its findings to the Supreme Court by way of a letter to the Chief Justice.
Joint Committee's Finding: Qualified
Mr. Beatty was screened on May 9, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Beatty demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Beatty to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Beatty indicated on his application that he has never requested a Martindale-Hubbell rating.
Mr. Beatty reported that he has been sued over a disputed title opinion, but that the case was dismissed.
(3) Professional Experience:
Mr. Beatty has taught Business Law at Limestone College.
Mr. Beatty described his legal experience as follows:
(a) 1979-1981: Neighborhood Legal Assistance Program, Civil Practice, with emphasis on domestic, consumer, and public benefits.
(b) 1981-1988: Sole practitioner -- General Practice
(c) 1988-1992: Beatty, Vick & Tullis -- General Practice
(d) 1992-Present: Beatty Law Firm -- General Practice
Mr. Beatty indicated on his application that he appears in federal court on an "infrequent" basis and appears in state court "once or twice a week on the average." He described his practice as 40% civil, 25% criminal, and 35% domestic. He indicated that 10% of his practice involves jury matters and the other 90% is non-jury.
Mr. Beatty provided the Joint Committee with 5 of the most significant litigated matters he has handled. He described those matters to consist of:
(a) the defense of a retarded man who could not read, count, or handle his own affairs accused of leading a drug dealing ring;
(b) the defense of a man accused of the armed robbery of a motel who was identified in a tainted line-up and later acquitted;
(c) an action for payment of a credit life policy where the salesman intentionally completed the application forms incorrectly after learning of the insured's heart condition;
(d) the defense of an informant charged as a co-defendant in a drug trafficking case; and
(e) a workers' compensation action wherein the claimant's supervisors persuaded the claimant not to file the claim and later attempted to use the statute of limitations as a defense to the action for payment.
Mr. Beatty has never handled a civil or criminal appeal.
In response to the Joint Committee's request for a list of matters Mr. Beatty has taken to trial over the past 2 years, Mr. Beatty provided the Joint Committee with the following list of matters:
(a) Jeter v. Chapell: Auto accident involving a school bus. Representing claimant in this matter which is still pending.
(b) Love v. Foster & Petrea: Real estate transaction dealing with fraud. Took the matter to trial.
(c) Littlejohn v. Crestview Villa Apts.: Case dealt with failure of the landlord to repair leased premises. A child fell and was injured.
(d) Littlejohn v. Community Cash: False arrest matter.
(e) Shannon Rodgers by GAL v. Cherokee County School District: Tort Claims Act matter in which Mr. Beatty represented a school child who was injured playing football. Claim was for negligent repair of equipment. This matter is still pending.
(f) Keith Johnson & Jolette Johnson v. Atlantic Insurance, et al: Real estate transaction matter in which the house burned after the contract was signed but before closing. Took to trial.
(g) Jones v. Hooper Exterminating Co.: Auto accident case.
(h) Glenn v. Cloonan: A civil matter.
(i) Ebenezer Baptist Church v. Peak Construction Co.: Action to recover for construction defects. Mr. Beatty represented the church and took the matter to trial.
(j) Davis V. Pettit Construction Co. and Masonry, Inc.: Mr. Beatty represented the masonry company in this action for wrongful discharge and recovery of outstanding wages. Took to trial.
(k) State v. Ben Gibson: A criminal matter.
The Joint Committee determined that Mr. Beatty had engaged in an active trial practice, marked by a degree of breadth and sophistication.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Beatty's temperament would be excellent.
(5) Diligence and Industry:
Mr. Beatty is married with 3 children, ages 16, 6, and 2. Mr. Beatty was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
(6) Mental and Physical Capabilities:
Mr. Beatty appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Beatty has managed his financial affairs responsibly.
(8) Public Service:
Mr. Beatty served on active duty in the U.S. Army from 1974 to 1976 and in the Army Reserves from 1976 to 1981. Mr. Beatty served on the Spartanburg City Council from 1988 to 1990 and in the House of Representatives from 1991 to the present.
Mr. Beatty reported membership in the following civic organizations:
(a) Spartanburg Progressive Men's Club (Parliamentarian);
(b) Omega Psi Phi Fraternity (President of Chapter);
(c) Spartanburg Development Council;
(d) Spartanburg Chamber of Commerce;
(e) NAACP;
(f) Legislative Black Caucus (Chairman of House Caucus and Chairman-Elect of entire caucus);
(g) Spartanburg Residential Development Corporation;
(h) Southside Neighborhood Associations Partnership;
(i) Piedmont Legal Services Board of Directors;
(j) Branch Bank & Trust Advisory Board; and
(k) Fluor Daniel/BMW Advisory Board.
(9) Ethics:
Mr. Beatty testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Beatty meets the constitutional requirements for the office he seeks.
The Bar found Mr. Beatty qualified and said:
He is perceived as having the intellect and temperament for the position. While his trial experience has not been extensive, those interviewed believed that this factor would not prevent him from performing adequately as a circuit court judge. He has demonstrated his ability and willingness to learn.
Representative Beatty would not show partiality or favoritism to either litigants or attorneys.
His judicial temperament is expected to be excellent.
Joint Committee's Finding: Qualified
Mr. Paslay was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Paslay demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Paslay to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Paslay was during law school:
(a) the winner of the Samuel L. Prince Moot Court Competition;
(b) a member of law review and editor of the law review book; and
(c) a member of a 3-person national moot court team.
Mr. Paslay has never been appealed in a reported appellate decision.
Mr. Paslay has given the following law-related lectures:
(a) Merchants' Association seminar on fraud, checks, and shoplifting (1977);
(b) Citizens' Law Forum (1979 and 1994); and
(c) presentations to local magistrates on:
(1) search and seizure laws (1982);
(2) arrest warrants and arraignment process (1985);
(3) criminal domestic violence (1990);
(4) preparing arrest warrants and bail guidelines (1992);
(5) video arraignment procedures (1992);
(6) landlord-tenant law updates (1993);
(7) civil appeals process (1994);
(8) assessments calculations and procedures (1994); and
(9) new crime bill (1995).
Mr. Paslay wrote "Contracts, Annual Survey of S.C. Law, 1969" in the South Carolina Law Review.
Mr. Paslay was sued in 1981 in the matter of James E. Loftin v. James Paslay and Roland Jones, Magistrates. The matter was brought by a defendant in a forgery case. Mr. Paslay had issued a search warrant for the defendant's residence for evidence of a forged check that he had presented to a local bank. The defendant had fled with the check when a teller recognized him as a person who had previously passed bad checks. The search warrant was later determined to have been properly issued, but executed improperly. Mr. Paslay was dismissed as a defendant prior to trial.
(3) Professional Experience:
The Joint Committee has concerns that Mr. Paslay's experience in circuit court was not recent and apparently limited in nature. The Joint Committee believes that this concern is lessened because of Mr. Paslay's substantial magisterial court trial experience.
Mr. Paslay was admitted to the Bar in 1971. He was a partner in the firm of Paslay & Paslay from 1971 to 1984. His practice during this time was general and included domestic relations, workers' compensation, criminal trial defense, consumer law, probate practice, and plaintiff and defendant civil trial litigation.
Mr. Paslay was an associate judge on nights and weekends for the Spartanburg County Civil and Criminal Court from 1973 to 1979. He was appointed to be a full-time magistrate in 1979 and still serves in that capacity.
Mr. Paslay provided the Joint Committee with 5 of his most significant orders which he described as follows:
(a) State v. Lee Harder: Criminal case involving newly enacted dangerous dog laws. Conviction upheld on appeal to circuit court.
(b) State v. Tyrus Cooper: This case involved issues of search and seizure, roadside interrogation, and admissibility of evidence. Upheld on appeal to circuit court.
(c) Mary Magnum Eaton v. Bud Moss d/b/a Circle Body Shop: This case involved competing priorities of liens, ownership and possession rights to personal property, and the law of bailments.
(d) Housing Authority of the City of Spartanburg v. Sandra: This case involved issues of ejectment of tenants in public housing units and an interpretation of the rights and duties of landlord and tenant.
(e) State v. Steve O'Sullivan: Criminal case involving sufficiency of arrest warrant and the issue of who may initiate criminal process. Upheld on appeal.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Paslay's temperament would be excellent.
(5) Diligence and Industry:
Mr. Paslay was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Paslay is married with 2 children, ages 21 and 19.
(6) Mental and Physical Capabilities:
Mr. Paslay appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Paslay has managed his financial affairs responsibly.
(8) Public Service:
Mr. Paslay served in the U.S. Army Reserve from 1968 to 1976.
Mr. Paslay was a part-time Spartanburg County judge from 1973 to 1979 and has been a full-time magistrate since 1979.
Mr. Paslay was an unsuccessful candidate for the Spartanburg City Council in 1972.
Mr. Paslay is a member of the Spartanburg Arts Council and a not-for-profit corporation founded to help spread computer literacy to members and their families, particularly the use of computers in graphics and music.
(9) Ethics:
Mr. Paslay reported on his application materials that he has spent $111 on his campaign.
Mr. Paslay testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Paslay meets the constitutional and statutory requirements for the offices he seeks.
The Bar found Mr. Paslay qualified and said:
He has significant experience in the judicial system, having served as a Magistrate Court Judge for approximately 22 years. In that capacity he has had experience in the trial of both civil and criminal cases.
He is respected by an overwhelming majority of the members of the Bar contacted for his legal skills, impartiality, judicial temperament, and promptness and industry.
His character, integrity, and reputation are considered excellent.
Joint Committee's Finding: Qualified
Mr. Rollins was screened on May 9, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Rollins demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Rollins to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Rollins is not rated in Martindale-Hubbell.
(3) Professional Experience:
Mr. Rollins graduated from Samford University Law School in 1988 and was admitted to the Bar later in the same year.
Mr. Rollins has practiced law with his father, John M Rollins, Sr., since his graduation from law school. His practice has included criminal, civil, probate, domestic, real estate, and administrative law matters. He has served as the City of Greer Public Defender since 1988 and as a Greenville County Contract Public Defender since 1990.
Mr. Rollins described his practice over the past 5 years as 20% civil, 40% criminal, and 40% domestic.
Mr. Rollins provided the Joint Committee with 5 of his most significant litigated matters which he described as follows:
(a) State v. Chandler: Defendant charged with murder and armed robbery in what a police witness described as the bloodiest murder in Greenville County. Verdict of not guilty on both counts.
(b) State v. Saam: Defendant charged with murder. State presented 32 witnesses, some of whom were agents of the FBI as the crime was interstate. Guilty verdict.
(c) Robinson v. State of South Carolina: Post-conviction relief action. Conviction for accessory after the fact of a felony was upheld after a 4-day trial.
(d) Landrum v. Robinson: Case involved college support for an adult child of divorced parents. Case appealed to the South Carolina Court of Appeals where is was affirmed.
(e) Encarnacion Junior Molleda: Complicated murder case involving DNA forensic evidence. State proved that a drop of blood on the defendant's shoe was similar to blood of the victim. Worked with the expert who appeared in the World Trade Center bombing trial.
Mr. Rollins has handled one appeal, the Landrum v. Robinson matter discussed above.
In response to the Joint Committee's request for a list of circuit court matters Mr. Rollins took to trial over the last 2 years, Mr. Rollins provided the Joint Committee with the following list:
(a) City of Greer v. Weinzettle: Leaving the scene of an accident. Jury trial. Prosecuted the case for the city.
(b) State v. Chandler: Murder and armed robbery. Jury trial. State's witness stated that this was the bloodiest murder in Greenville County. Grisly scenes of the crime were presented to the jury on videotape.
(c) State v. Hill: Autobreaking/grand larceny. Jury trial.
(d) Dixon v. State: Post-conviction relief hearing. State v. White review granted.
(e) State v. Scott: Accessory before and after grand larceny. Bench trial.
(f) State v. Johnson: DUI 2nd. Jury trial.
(g) State v. Simpson: Possession with intent to distribute marijuana. Jury trial.
(h) Moorehead v. State: Post-conviction relief hearing. Defendant did not have an attorney at the plea.
(i) State v. Blakely: Possession with intent to distribute crack cocaine. Jury trial.
(j) State v. Rooney: Grandfather charged with molesting his granddaughter. Jury trial.
(k) State v. Molleda: Complicated murder trial involving DNA evidence and the testimony of 2 DNA expert witnesses. Jury trial.
(l) State v. Kinsey: Jury trial in absentia on trafficking cocaine charges.
(m) Robinson v. State: Very complicated PCR hearing which lasted 4 days.
The Joint Committee determined that Mr. Rollins had engaged in an active trial practice, marked by a degree of breadth and sophistication.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Rollins' temperament would be excellent.
(5) Diligence and Industry:
Mr. Rollins was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Rollins is married and does not have any children. His wife is an attorney.
(6) Mental and Physical Capabilities:
Mr. Rollins appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Rollins has managed his financial affairs responsibly.
(8) Public Service:
Mr. Rollins has been a member of the South Carolina Army National Guard since 1981.
Mr. Rollins is active in professional and community activities.
(9) Ethics:
Mr. Rollins testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Rollins meets the constitutional requirements for the office he seeks.
The Bar found Mr. Rollins qualified and said:
He has engaged in a general law practice since his admission to the bar in 1988. His primary emphasis has been in criminal and domestic law, including being a contract lawyer with the county public defender's office. He has also handled civil matters ranging from estate matters to personal injury, although civil matters were resolved with trial.
Those interviewed gave Mr. Rollins high marks for his honesty, integrity, and work ethic. He is considered to possess the abilities needed to balance an appropriate judicial temperament with a control of the courtroom.
During the interview process the question arose whether his age (33) and lack of civil trial experience in court would adversely affect his qualifications. The committee felt his overall legal experience qualified him for the position sought.
Joint Committee's Finding: Qualified
Mr. Abbott was screened on May 8,1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Abbott demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Mr. Abbott indicated in his application that he owns a small number of shares of stock in a bank and would recuse himself from any action involving a member of the Board of Directors, a shareholder, or their immediate families. Mr. Abbott also indicated that he would recuse himself from a matter involving a member of the Board of Directors of the Horry Electric Cooperative, Inc., or the board member's immediate family as he currently serves as attorney to the Board of Directors.
Mr. Abbott reported in his application materials that he has been cited for "hunting over bait." Mr. Abbott's SLED report showed 4 Fish and Wildlife violations and a consequential loss of his hunting license. The violations are as follows:
(a) On 9/20/86, Mr. Abbott was cited for shooting dove over bait and was apparently fined although his SLED report did not list the fine amount.
(b) On 11/26/86, Mr. Abbott was cited for both shooting duck over bait and shooting after hours. He was fined $225 for the first citation and $125 for the second.
(c) On 9/8/90, Mr. Abbott was charged with shooting dove over bait. He pled guilty and was fined $325.
Mr. Abbott reported on his application materials that the incidents occurred during invited hunts on property he did not own. He said that the offense occurs when the area is baited or has been baited within the last 10 days and requires no specific intent or knowledge, only that he be present. Mr. Abbott said that he paid a fine, no longer dove hunts, and duck hunts only on public property. Mr. Pearly Britt, a retired wildlife officer and personal friend of Mr. Abbott's, provided the Joint Committee with an affidavit in which he recommended Mr. Abbott for judicial office and reminded the Joint Committee that the wildlife violations for which Mr. Abbott was cited are strict liability statutes requiring no showing of intent or prior knowledge.
Mr. Abbott serves on the Fee Disputes Board for the 15th Circuit.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Abbott to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Abbott's Martindale-Hubbell rating is BV.
(3) Professional Experience:
Mr. Abbott has taught 1 course at Coastal Carolina University and 6 courses at Horry-Georgetown Technical College. All the courses consisted of material designed to give a general overview of the law and emphasize business and contract issues.
Mr. Abbott practiced with his father upon his graduation from law school in 1972 and has been a sole practitioner since 1975. He also serves as the Board Attorney for the Horry Electric Cooperative, Inc.
Mr. Abbott described his practice over the last 5 years as 50% domestic, 48% civil, and 2% criminal. He said that he appears in state court "almost weekly." Mr. Abbott indicated that over the last 5 years 10% of his practice has involved jury matters and 25 to 35% has been non-jury.
Mr. Abbott has handled 3 domestic appeals. The 5 significant matters he listed for the Joint Committee consisted of:
(a) an action for a resulting trust established in estate lands of the plaintiff's husband which were previously deeded to the defendant;
(b) a DSS abuse matter;
(c) an action for divorce in which custody, child support, alimony, and attorney fees were at issue;
(d) an action, based on allegations of perjured testimony, to overturn an order of the court and for divorce and the grounds of adultery; and
(e) an action for reimbursement of funds allegedly obtained by forgery of a check prior to the decedent's death.
Mr. Abbott provided the Joint Committee with a list of matters he has handled over the past 2 years that he believes are representative of the breadth and complexity of his family court practice. The list of matters included:
(a) Stroud v. Stroud: Mr. Abbott represented the wife in an action for separate support and maintenance, a restraining order, equitable division of real and personal property, support, and attorney fees. The parties had been married for 31 years and had 4 adult children. The husband was the owner and operator of a large farming operation with substantial farm property. He was also heavily in debt with numerous liens and encumbrances of record. The wife had been a homemaker.
(b) D.S.S. v. Collins: The natural parents of a minor child were divorced and the father given custody. The mother, following the divorce, moved to Ohio. Acting on allegations of abuse, the Horry County Department of Social Services filed an action against both parents and obtained custody of the minor child. Mr. Abbott filed an answer requesting custody on behalf of the mother. Following the trial, the court found the allegations of abuse to be founded, the father restrained and prohibited from any contact with the child, legal custody given to DSS with physical placement with the mother and upon a favorable Interstate Compact Report, for legal custody to be transferred to the mother. Legal and physical custody were granted to the mother by subsequent order. A collateral action was filed by the father seeking to have a child custody decree of Ohio registered in South Carolina. The out-of-state decree was registered, but the court specifically held that the out-of-state decree had been modified by the subsequent South Carolina decree.
(c) Williams v. Williams: An action for divorce and/or separate support and maintenance, equitable division, use and possession of a former marital home, use and possession of vehicles, a restraining order, and attorney fees. The grounds for divorce were pled as physical cruelty, and although the court denied the request for divorce of those grounds, it found unwarranted physical contact by the husband and ordered the parties to live apart and separate.
(d) Causey v. Causey: An action for divorce on the grounds of 1 year continuous separation without cohabitation, incorporation of certain provisions of a previous order of the court, child support, and equitable division of property. The original allegations concerned adultery by the wife with a family member and claims to equitable division of the real property. Mr. Abbott's client, the husband, had also been diagnosed with a progressive physical disability.
(e) D.S.S. v. Rowell: This was a case Mr. Abbott handled pro bono for a woman whose child was taken from her home by DSS because of alleged sexual abuse. Attempts at custody and visitation agreements failed, but custody was eventually returned to the mother after the court dismissed the matter for lack of subject matter jurisdiction.
(f) Hyman v. Hyman: This was an action for divorce that involved complicated issues of child custody and support.
(g) Kelly v. Kelly: This was an action for divorce that involved complicated issues of alimony and equitable division.
(h) Talbot v. Talbot: This was an action for divorce on the grounds of 1 year continuous separation and for custody, child support, visitation rights, alimony, equitable division of property and debt, and attorney fees.
(i) Knaggs v. Lilly: Mr. Abbott represented the paramour of a father who had obtained custody of his child in an earlier action for divorce. The father died and the child's mother sued the paramour for custody. The court first awarded the paramour custody, but later granted the mother custody conditioned on her obtaining training on how to deal with the child's medical problems. The mother never did so and DSS was eventually granted custody. Mr. Abbott's client was named as trustee for the child.
(j) Smith v. Smith: An action for divorce that involved issues of custody, support, and equitable division.
Mr. Abbott served as a municipal judge for the City of Conway from 1977 to 1984. The Conway City Council appointed Mr. Abbott to serve in this position and his jurisdiction was limited to criminal offenses in which the maximum penalty could not exceed 30 days imprisonment or a fine of $200. Mr. Abbott indicated that he did not write orders during his service on the bench and that all matters were disposed of by a finding of guilty or not guilty.
Mr. Abbott has occasionally served as a Special Referee for the 15th Judicial Circuit, but has done so on an infrequent basis during the last 2 years.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Abbott's temperament would be excellent.
(5) Diligence and Industry:
Mr. Abbott was punctual and attentive in his dealings with the Joint Committee and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Abbott is married with 2 grown children.
(6) Mental and Physical Capabilities:
Mr. Abbott appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Abbott has managed his financial affairs responsibly.
(8) Public Service:
Mr. Abbott was a municipal judge from 1977 to 1984 and has occasionally acted as a Special Referee for the 15th Judicial Circuit. He also served on the Planning and Zoning Board for the City of Conway from 1984 to 1986.
Mr. Abbott indicated that he is a member of:
(a) Conway Main Street Program;
(b) Conway Chamber of Commerce;
(c) Ducks Unlimited;
(d) South Carolina Waterfowl Association;
(e) Riverside Club; and
(f) Old Gunn Hunting Club.
(9) Ethics:
Mr. Abbott reported in his application materials that he has spent $86.33 on his campaign.
Mr. Abbott testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Abbott meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Abbott qualified and said:
He has practiced law for twenty-three years, spending approximately half of his time in the Family Courts. He is perceived by his peers as knowledgeable and possessing the necessary intellect to make a good Family Court judge.
He has an excellent temperament and exhibits mature judgment. He would be an asset to the bench.
Mr. Abbott has unquestioned character and enjoys an excellent reputation in the community. His ethics, honesty, and integrity are above reproach.
He is perceived to be fair, unbiased, and impartial. He would not be influenced by the lawyers or litigants.
Joint Committee's Finding: Qualified
Judge Alford was screened on May 3, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Alford demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Alford's SLED report indicated that he had been sued in the matter of Culp v. Burrough which alleged "fraud in real estate will" and named Judge Alford among several other defendants. The matter was filed in federal District Court on June 23, 1983 and was dismissed on October 5, 1983. Judge Alford said that the matter related to an estate that was probated when he was still a small child and that the complaint did not make sense to him.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Alford to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Alford has never been appealed in a reported appellate opinion.
Judge Alford reported that he has never been disciplined or cited for unprofessional conduct or a breach of ethics.
Judge Alford's last Martindale-Hubbell rating (1991) was BV.
Judge Alford completed more than 50 hours of CLE in 1994 and a total of 128.67 hours since he became a family court judge in 1991.
(3) Professional Experience:
Judge Alford was associated with an experienced attorney in the general practice of law beginning with his graduation from law school in 1971 until 1977 when he opened his own law practice. I served as a probate judge from 1979 to 1992 and have since that time served on the family court bench. He described his practice of law as evenly divided between the areas of criminal, civil, domestic, probate, and property matters.
Judge Alford has served as a speaker for several continuing legal education classes. His lectures have centered primarily on the South Carolina Probate Code.
As a probate judge, Judge Alford served on the legislative study committee that drafted South Carolina's version of the Uniform Probate Code and on the first Technical Corrections Committee for the Code.
As President of the South Carolina Probate Judges' Association, Judge Alford requested that the Legislative-Governor's Committee on Mental Health and Mental Retardation appoint a task force to study the law concerning the involuntary commitment of persons with chronic addiction to alcohol and drugs. Judge Alford served on that task force which met for one year and drafted a proposed revision of those laws that were approved and passed by the General Assembly.
Judge Alford was appointed the Chief Administrative Family Court Judge for the 16th Circuit after only 6 months of service on the family court bench.
Judge Alford applied for and received a grant to study the Federal Indian Child Welfare Act and the Rights of the Mentally Retarded in Court at the National Judicial College in September, 1994. Judge Alford said that his education in this area of the law was timely because the Catawba Indian Tribe recently received federal recognition, and because the Act supersedes state law as to foster care and adoptions, it is important for family court judges to have a working knowledge of the act.
Judge Alford has actively served on the Bench-Bar Subcommittee for the South Carolina Families for Kids Committee which received a $100,000 planning grant from the Kellogg Foundation to study and recommend changes to the foster care and adoption law and procedures in South Carolina. The group met on Saturdays in Columbia and helped draft a grant application approved by the Kellogg Foundation for $3,000,000 over the next 3 years. Judge Alford said that the group is still meeting and hopes to come up with recommendations that will significantly improve emergency procedures, foster care, and adoption services to children who have been abused or neglected.
Judge Alford is currently serving on a committee with the Department of Juvenile Justice to prepare a grant application to the National Justice Assistance Administration for $500,000. The goal is to start a pilot program for day-reporting centers for non-violent offenders in an effort to work with juvenile delinquents at a local level on a daily basis to turn them around.
Judge Alford has been designated by Court Administration to represent the family court on a Court Improvement Program Grant Committee and will attend a regional conference in Washington D.C. in May, 1995. The United States Congress has allocated $35,000,000 to this project over a 4-year period. The grants are designed to handle foster care and adoption cases and implement a plan to improve case processing.
Judge Alford assisted with the training for a juvenile arbitration program started by the solicitor's office with a grant from the Governor's Office.
(4) Judicial Temperament:
The Joint Committee believes that Judge Alford's temperament would be excellent.
(5) Diligence and Industry:
Judge Alford was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Alford is married with 2 children, ages 21 and 13.
Judge Alford appointed an Advisory Committee which meets 3 or 4 times a year in an effort to streamline court operations and improve cooperation among agencies and the court. The Advisory Committee is made up of male and female members of the Bar, a court reporter, and representatives from the DSS, DJJ, Solicitor's office, Public Defender's office, Clerk's office, Department of Mental Health, police departments, and Piedmont Legal Services office.
(6) Mental and Physical Capabilities:
Judge Alford appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Alford has managed his financial affairs responsibly.
(8) Public Service:
Judge Alford has been a member of the bench since 1979. He has been extremely active in efforts to improve the laws and legal system and his efforts in that regard are detailed above.
Judge Alford is a very active member of the Bar, his church, and a number of civil organizations. He reported that he does not hold any office or serve on any committee involved in fundraising or where any question could be raised about the use of his position to improperly influence anyone. He indicated that he has curtailed his civic activities in order to minimize the risk of conflict.
Judge Alford was with the United States Air Force from 1960 to 1964 and was honorably discharged.
Judge Alford ran unsuccessfully for the York County Council in 1976 and for the circuit court in 1990.
(9) Ethics:
Judge Alford testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Alford meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Alford qualified and said:
He possesses good knowledge of the law and is highly regarded as a tireless worker by those who have worked with him in the Family Court and previously in his years as Probate Court Judge.
Judge Alford has excellent character, integrity, and reputation.
He is considered to be fair and impartial to litigants and attorneys.
Joint Committee's Finding: Qualified
Ms. Anderson was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Ms. Anderson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Ms. Anderson reported that her husband is an attorney with the law firm of Thompson, Sinclair, and Anderson and indicated that she would not preside over matters involving his firm.
Ms. Anderson indicated that she has never been cited or disciplined for unprofessional conduct.
(2) Legal Knowledge and Ability:
The Joint Committee found Ms. Anderson to be intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
(3) Professional Experience:
The Joint Committee has concerns that Ms. Anderson's experience in circuit court was not recent and apparently limited in nature. The Joint Committee believes that this concern is lessened because of Ms. Anderson's substantial magisterial court trial experience.
Ms. Anderson has been a full-time magistrate since 1983. She worked as an Assistant Public Defender upon graduation from law school in 1978 and until becoming a magistrate in 1983. Ms. Anderson indicated in her application materials that she worked in both family and circuit court during her term as a public defender.
Ms. Anderson worked as a support clerk for the Horry County Family Court during the summer between college and law school.
(4) Judicial Temperament:
The Joint Committee believes that Ms. Anderson's temperament would be excellent.
(5) Diligence and Industry:
Ms. Anderson was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
Ms. Anderson is married and has 3 children, ages 13, 11, and 7.
(6) Mental and Physical Capabilities:
Ms. Anderson appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Ms. Anderson has managed her financial affairs responsibly.
(8) Public Service:
Ms. Anderson has been active in her church and in the parent-teacher organizations affiliated with her children's schools.
(9) Ethics:
Ms. Anderson testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Ms. Anderson meets the constitutional and statutory requirements for the office she seeks.
The Bar found Ms. Anderson qualified and said:
She has served for more than ten years as a trial magistrate for Spartanburg County.
Those interviewed commented on her excellent judicial temperament and favorably on the manner in which she conducts her court room.
While some noted that Judge Anderson had not practiced family law since becoming magistrate, they noted that her intellect, diligence, and experience as a trial magistrate should enable her to serve as a family court judge. They also noted that she had experience in the family court both as a public defender and as an assistant solicitor.
Joint Committee's Finding: Qualified
Judge Bonnoitt was screened on May 3, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Bonnoitt demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Bonnoitt sold an office building and lot to the County of Georgetown in March of 1991.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Bonnoitt to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Bonnoitt has never been appealed in a reported appellate decision.
Judge Bonnoitt's last known Martindale-Hubbell rating (1991) was BV.
(3) Professional Experience:
Judge Bonnoitt was admitted to the Bar in 1973.
Judge Bonnoitt was a solo practitioner from 1973 to 1987. He was a partner in the firm of Bonnoitt & Mitchum from 1987 to 1991. Judge Bonnoitt was the part-time county public defender from 1978 to 1985. He was an attorney for the County Planning Commission and Building Department from 1976 to 1991.
(4) Judicial Temperament:
The Joint Committee believes that Judge Bonnoitt's temperament would be excellent.
(5) Diligence and Industry:
Judge Bonnoitt was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Bonnoitt is married with 2 adult children.
(6) Mental and Physical Capabilities:
Judge Bonnoitt appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Bonnoitt has managed his financial affairs responsibly.
(8) Public Service:
Judge Bonnoitt has been a Family Court Judge since 1991.
Judge Bonnoitt is active in church and community activities.
Judge Bonnoitt served in the U.S. Navy from 1965 to 1969 and the U.S. Naval Reserves from 1969 to 1978.
Judge Bonnoitt served as Chairman of the Georgetown Board of Zoning Adjustments from 1983 to 1985. He served as Mayor of the City of Georgetown from 1986 to 1991. Judge Bonnoitt served as Vice-President of the Municipal Association of South Carolina from 1988 to 1991, and then as President in 1991.
Judge Bonnoitt ran unsuccessfully for the S.C. House of Representatives in 1979.
(9) Ethics:
Judge Bonnoitt testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Bonnoitt meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Bonnoitt qualified and said:
He possesses good intellect and legal ability. He is well-respected for his knowledge and application of the rules of procedure.
He is known to be fair and impartial.
Judge Bonnoitt has a reputation of being well prepared and expects all attorneys appearing before him to be well prepared.
His works habits, temperament, and integrity are good.
Judge Bonnoitt was also sued in 1984 for $15 million dollars by a man he had been appointed to represent on three counts of criminal sexual conduct with a minor. The defendant pled guilty to one count and while serving a 10-year sentence he sued Judge Bonnoitt claiming he had conspired with the Solicitor and the trial judge and generally neglected to prepare his case for trial. The suit ended when Judge Bonnoitt was granted summary judgment.
Joint Committee's Finding: Qualified
Judge Buchan was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Buchan demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Buchan to be intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
Judge Buchan has never been appealed in a reported appellate decision.
Judge Buchan's last Martindale-Hubbell rating (1992) was BV.
(3) Professional Experience:
Judge Buchan was admitted to the Bar in 1980. She was a teacher for 3 years between college and law school.
Judge Buchan worked for a brief period after law school graduation for Kennedy, Price, Kosko & Coffas. She worked with Timothy Quinn from 1980 to 1982 and was primarily involved in preliminary office work in his Columbia office and in managing his Marion office. She formed the law firm of Whittington & Buchan in 1982 and practiced with the firm until her election to the family court in 1992. Judge Buchan's practice was primarily domestic and commercial law.
(4) Judicial Temperament:
The Joint Committee believes that Judge Buchan's temperament would be excellent.
(5) Diligence and Industry:
Judge Buchan was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
Judge Buchan is married with 2 adult stepchildren and an 8-year old child.
(6) Mental and Physical Capabilities:
Judge Buchan appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Buchan has managed her financial affairs responsibly.
(8) Public Service:
Judge Buchan is active in church activities. She has also been involved as a panelist or speaker for school programs, domestic violence community meetings, forums on juvenile problems, and guardian ad litem seminars.
Judge Buchan has been a family court judge since 1992.
(9) Ethics:
Judge Buchan testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Buchan meets the constitutional and statutory requirements for the office she seeks.
The Bar found Ms. Buchan qualified and said:
She is considered to be an excellent Family Court judge. She is well-prepared and industrious. She is diligent and organized in her administrative duties.
Judge Buchan grasps issues quickly and makes rulings that are fair to litigants. Her analytical skills are sound.
Her temperament on the bench is considered to be outstanding. She displays much patience with litigants and attorneys who appear before her.
Joint Committee's Finding: Qualified
Ms. Butcher was screened on May 8, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Ms. Butcher demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Ms. Butcher to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Ms. Butcher has taught the following law-related courses and lectures:
(a) "Local Controls in Practice" (CLE)
(b) "Impact Fees" (CLE)
(c) "Negotiation Skills" and "Developing a Better Working Relationship with Your Court Appointed Attorney" (Guardian Ad Litem Conference)
(d) "Substantive Criminal Law" (USC College of Criminal Justice)
(e) "Child Abuse and Neglect" (USC College of Criminal Justice)
Ms. Butcher is not rated in Martindale-Hubbell.
(3) Professional Experience:
The Joint Committee as only able to identify with any certainty one typical family court trial matter handled by Ms. Butcher. The Joint Committee therefore expresses concern over her level of experience with family court trial matters.
Ms. Butcher described her practice as follows:
(a) 1982 to 1983 Private Practice with Furman, Speedy & Stegner (general and family law)
(b) 1983 to 1986 Richland County Public Defender (General Sessions and Family Court)
(c) 1986 to 1987 Solo practitioner with a general and family law practice. Assistant Solicitor, 11th Circuit, handling abuse and neglect and criminal matters. Adjunct Professor, College of Criminal Justice, teaching substantive criminal law and a graduate course on abuse and neglect.
(d) 1987 to 1992 Attorney for the Town of Hilton Head Island. Work involved municipal law, zoning, contracts, and employment law. Handled appointed cases in Family and General Sessions Court.
(e) 1991 to 1994 U.S. Attorney's Office -- Criminal and civil law, Drug Task Force, prosecution of child pornography.
(f) 1994 to Present General Counsel, DSS. Child and adult abuse and neglect, contracts, employment law, administrative duties, oversee criminal and civil investigations.
Ms. Butcher described her experience over the last 5 years as 50% civil and 50% criminal with a couple of pro bono and appointed family court matters.
Ms. Butcher's described her 5 most significant litigated matters to include:
(a) a Section 1983 action in federal court;
(b) a civil wiretap case that was part of an action for divorce;
(c) a criminal prosecution in federal court on a charge of child pornography;
(d) the 3 day trial of a child custody matter in which one party had a history of child abuse and the other party had a criminal record;
(e) a foreclosure matter on behalf of the IRS.
Ms. Butcher has not handled a domestic appeal, but has handled 2 civil appeals to the 4th Circuit.
In response to the Joint Committee's request for a list of those family court matters that she has handled over the last 6 years, Ms. Butcher provided the following list:
(a) U.S. v. Hutto: A criminal prosecution in federal court on charges of sexual exploitation of children.
(b) U.S. v. Jennings: A criminal prosecution in federal court on 2 gun charges. The prosecution involved matters regarding stipulations, evidence of drug dealing, and after-discovered evidence. Ms. Butcher also handled the appeal of this matter to the 4th Circuit.
(c) Willard v. City of Myrtle Beach: A Section 1983 action in federal court. There were 2 trials involved in this matter because the first ended in a verdict for the defendant and Ms. Butcher was granted a new trial.
(d) Janice McQueen v. U.S.: A bench trial on a foreclosure action. The matter took 3 days of trial.
(e) Town of Hilton Head Island v. Charlie Howell: This was a jury trial in magistrate's court on a criminal offense for a violation of the town's municipal code.
(f) Kudlak v. Town of Hilton Head Island: This was an appeal to circuit court of a zoning decision by the Town's Planning Commission. Plaintiff sought a variance of the Town's setback ordinance.
(g) Beaufort County D.S.S. v. George Grant: This was a one day trial of a matter involving the sexual abuse of a teenage girl by her grandfather. Ms. Butcher represented the grandfather who was found guilty.
(h) Beaufort County D.S.S. v. Barratine: This was a family court matter which involved the abandonment of a teenager by his parents who were living overseas.
(i) S.C. D.S.S. v. Susan Vaughn, a minor 16 years of age, and Beverly Russell, her stepfather; Ex parte: The State-Record Co., Inc.: This was the high-profile action in family court to open the files of Susan Smith's 1988 abuse by her stepfather. Ms. Butcher represented DSS's position that the file should remain sealed because of the confidentiality rule and statutes.
(j) Federal National Mortgage Association v. Dean Romigh: This was a foreclosure action in which Ms. Butcher represented the United States and contested the priority of claims for surplus funds.
(k) Town of Hilton Head Island Real Estate Transfer Fee Ordinance: Ms. Butcher researched the law and wrote the ordinance, but did not handle the case in court. The ordinance was upheld.
(4) Judicial Temperament:
The Joint Committee believes that Ms. Butcher's temperament would be excellent.
(5) Diligence and Industry:
Ms. Butcher was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
Ms. Butcher is married with 2 grown children.
(6) Mental and Physical Capabilities:
Ms. Butcher appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Ms. Butcher has managed her financial affairs responsibly.
(8) Public Service:
Ms. Butcher has worked in the public sector for much of her career.
(9) Ethics:
Ms. Butcher reported in her application materials that her campaign expenditures total $1,005.86
Ms. Butcher testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Ms. Butcher meets the constitutional and statutory requirements for the office she seeks.
The Bar found Ms. Butcher qualified and said:
She is regarded as competent, industrious, conscientious, and knowledgeable in the law.
During the thirteen years that she has been admitted to practice, she has gained experience in the office of the Public Defender, in the office of the solicitor for the Fifth Judicial Circuit, in the office of the United States Attorney, and as counsel for the Department of Social Services.
Her experience in Family Court has been varied and extensive including abuse-and-neglect cases, juvenile-crime cases, paternity cases, nonsupport cases, termination-of-parental-rights cases, custody cases, and divorce cases.
Ms. Butcher is perceived as pleasant, fair-minded, hard-working, and efficient.
Joint Committee's Finding: Qualified
Judge Byars was screened on May 3, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Byars demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Byars is the President, Director, and one-third owner of Happy Jack Promotions, Inc., a company primarily engaged in selling citrus and apples to band booster clubs. Judge Byars chairs meetings of the Board of Directors, assists in setting company policies, but is not involved in the daily activity of the company.
Judge Byars and his wife own interest in seven rental houses. His wife, who is formerly a real estate agent, manages the property.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Byars to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Byars has been appealed in three reported appellate decisions and was reaffirmed in all three matters.
Judge Byars was a member of the Law Review at the University of South Carolina School of Law.
Judge Byars has been a frequent speaker at CLE conferences.
Judge Byars' Martindale-Hubbell rating was BV in 1989.
(3) Professional Experience:
Judge Byars was admitted to the Bar in 1972.
Judge Byars was with the Savage Law Firm from 1972 to his election to the bench in 1989. His practice initially was mainly in the areas of real estate and criminal law. After a few years his practice grew into a general trial practice, contracts, and family law. In the last 10 years, his practice continued to evolve and became much more business oriented. He represented several statewide business associations as general counsel and also served as general counsel for the Multiple Employer Insurance Fund and two workers' compensation funds. He represented Kershaw County Council from 1975 to 1989, and was general counsel to the Kershaw Memorial Hospital for 14 years. He continued an active trial practice in Common Pleas, General Sessions, and Family Court until elected to the bench in 1989.
(4) Judicial Temperament:
The Joint Committee believes that Judge Byars' temperament would be excellent.
(5) Diligence and Industry:
Judge Byars was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Byars is married with 3 adult children.
(6) Mental and Physical Capabilities:
Judge Byars appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Byars has managed his financial affairs responsibly.
(8) Public Service:
Judge Byars was on active duty with the U.S. Army from 1967 to 1969 and his tour of duty included service in Vietnam. He was awarded the Bronze Star and Army Accommodation medal. He served in the U.S. Army Reserves from 1969 to 1973 when he was honorably discharged.
Judge Byars has been a Family Court Judge since 1989.
Judge Byars was a member of the Kershaw County School Board from 1980 to 1989.
Judge Byars is active in professional and community activities.
(9) Ethics:
Judge Byars testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Byars meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Byars qualified and said:
He is well-respected by his peers and members of the Bar for his legal ability and analytical skills.
He is able to rule promptly and is well-prepared in matters that come before him. He has a good work ethic.
Judge Byars is actively involved in issues related to the Family Court and improvement of the family court system in South Carolina.
He is fair and impartial with excellent judicial temperament. He is courteous and considerate of litigants and attorneys who appear before him.
His character, integrity and reputation are outstanding.
Judge Byars has been sued on six occasions. He describes those matters as follows:
(a) Ex parte Wendy Rabon v. Kershaw County School District and Board of Trustees: Listed as an individual defendant with all other school board members. The matter involved a minor child injured on a school ground. Settlement was reached in this case and this matter was brought for court approval of a minor settlement.
(b) Federal National Mortgage Association v. John Counts, Shirley Counts, Family Credit Services, S.C. Tax Commission, Savage, Royal, Kinard, Sheheen, and Byars as Partners and Individually: The law firm had previously closed a real estate transaction for the defendant, John Counts. The check written by Mr. Counts was not honored by the bank. Mr. Counts made part payments on the check, but eventually the law firm brought suit against him and obtained a judgment against him for the balance due. When Mr. Counts did not maintain his mortgage payments, a foreclosure action was brought by the Federal National Mortgage Association. The law firm and each of the partners individually were named as a party defendant insomuch as they were judgment creditors of Mr. Counts. No judgment was sought nor given against the law firm or Judge Byars.
(c) First Federal Savings and Loan v. Paul Brown, Betty Brown, William Byars, Trustee, et al.: This was a foreclosure action brought by First Federal in which Judge Byars was joined as a party defendant due to a second mortgage he held on the property as trustee. No judgment was sought nor rendered against Judge Byars.
(d) James Miller v. Alice Boykin, Dale Thiel, William Byars, Jr., Camille Byars, and J. Clator Arrants: James B. Miller brought suit against his tenants in common, Alice Boykin and Dale Thiel, to partition certain acreage that they owned north of Camden. The Judge and Mrs. Byars owned a deeded but unlocated 50 ft. easement over and across the acreage for the purposes of ingress and egress and underground utilities. They were joined in this suit for the purposes of locating the easement. J. Clator Arrants, an adjacent land owner, was joined in the case for purposes of determining his rights of ingress and egress.
(e) First Federal of South Carolina v. Clarence Lewis, Marianna Lewis, and William Byars: This was a foreclosure action brought against Clarence and Marianna Lewis. Judge Byars was joined in this action because of a second mortgage in the amount of $1,800.00 which he held on the property being foreclosed upon. No personal judgment was sought nor rendered against Judge Byars.
(f) Paul Lewis v. Savage Law Firm and Bill Byars: Mr. Lewis entered into a property settlement and separation agreement without consulting an attorney. This agreement was dated April 26, 1988. On April 27, 1988, Kitty Lewis, through her attorney, brought suit to approve the agreement. Mr. Lewis decided to attempt to repudiate the agreement and retained Judge Byars to represent him. The matter was in litigation for a year and on April 26, 1989, a new agreement was signed and was approved on May 8, 1989 by Judge Robert Burnside. Under the new agreement, Mrs. Lewis gave up her right to alimony. On October 15, 1992, Mr. Lewis filed suit in Magistrate's Court alleging that items "were omitted from my divorce decree." The divorce decree incorporated the terms of the amended agreement signed by Mr. Lewis. Mr. Lewis' suit was dismissed.
Joint Committee's Finding: Qualified
Judge Chewning was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Chewning demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Chewning reported that he is still receiving monies on files he left with his law firm, Setzler, Chewning & Scott.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Chewning to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Chewning has been appealed in 1 published appellate decision. The matter was a contract action appealed from a decision made by Judge Chewning serving as a special referee. Judge Chewning was reversed on a question of law.
Judge Chewning's last Martindale-Hubbell rating (1994) was AV.
(3) Professional Experience:
Judge Chewning was admitted to the Bar in 1972.
Judge Chewning described his legal experience as follows:
(a) 1970-1973 Worked as a law clerk for the firm of Kennedy & Price. Became well-trained in real estate work including abstracting titles, setting up subdivisions for developers, and closing loans. He also handled collections (set up a firm procedure and oversaw it with secretarial help), foreclosures, wills, estates, bodily injury matters, adoptions, and general defense work.
(b) 1973-1977 Opened his own law practice and began a general practice of law. His practice involved criminal cases, wills, estates, real estate, civil cases (primarily accident claims), defense of individuals who had been sued, family court (divorces, adoptions, and guardian ad litem work), bankruptcy, foreclosures, workers' compensation, and work in magistrate's and city traffic court.
(c) 1977-1994 Formed the law firm of Setzler, Chewning & Scott. Work involved real estate, wills, and domestic matters.
(d) 1978-1990 Served as a special referee (grew to 50% of his annual income) in matters primarily involving foreclosures and in other actions such as property line disputes and complex corporate and business disputes.
(e) 1976-1994 Served as judge for the City of Cayce handling regular traffic court, preliminary hearings, jury trials, execution of warrants and search warrants, bond hearings, and the appeals from this court.
(f) 1994-Present Served as judge of the Family Court of the 11th Judicial Circuit.
Judge Chewning worked as an insurance adjuster and investigator for 5 years between college and law school.
(4) Judicial Temperament:
The Joint Committee believes that Judge Chewning's temperament would be excellent.
There was an article in the 9/7/89 edition of the State which described some of Judge Chewning's experiences as a city judge for the town of Cayce. The article gives several examples of what it describes as Judge Chewning's "willingness to be fair" and his tendency to show sympathy for the accused. It also indicated that he goes to great lengths to work with kids having their first day in court.
There was an article in the 6/30/94 edition of the State reporting on Judge Chewning's transition from city judge to the family court. The article quoted Judge Chewning as saying that "[he] always felt that [he] should treat people in court like [he] wants to be treated." The article also said that one of Judge Chewning's special interests, both inside and outside the courtroom, is children.
(5) Diligence and Industry:
Judge Chewning was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Chewning is married with 2 adult children.
(6) Mental and Physical Capabilities:
Judge Chewning appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Chewning has managed his financial affairs responsibly.
(8) Public Service:
Judge Chewning served as special referee from 1978 to 1990 as a municipal judge from 1976 to 1994, and as a family court judge since 1994.
Judge Chewning has been active in professional and community activities.
Judge Chewning has done volunteer motivational public speaking to church and community groups on the issues of:
(a) legal careers;
(b) child abuse and neglect;
(c) youthful offenses; and
(d) laws relating to youthful offenders.
(9) Ethics:
Judge Chewning testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Chewning meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Chewning qualified and said:
An overwhelming majority of the members of the Bar contacted respect him for his legal skills, impartiality, judicial temperament, and promptness and industry in his work since being recently elected.
Judge Chewning's character, integrity, and reputation are considered excellent.
Joint Committee's Finding: Qualified
Judge Creech was screened on May 5, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Creech demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Creech to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Judge Creech has been appealed in two reported appellate decisions and was reaffirmed in both of those matters.
Judge Creech was in Order of the Wig and Robe at the University of South Carolina School of Law.
Judge Creech gave a 1990 CLE presentation on how to deal with allegations of child sexual abuse in the context of a child custody case.
Judge Creech's last Martindale-Hubbell rating (1988) was BV.
(3) Professional Experience:
Judge Creech has served as the Chief Administrative Judge for the Family Court of the Ninth Judicial Circuit.
Judge Creech was admitted to the Bar in 1976.
Judge Creech practiced real estate and domestic relations law with H. N. West from 1976 to 1977. He practiced real estate, domestic relations, criminal, and general civil litigation with the law firm of Dennis, Dennis & Watson from 1977 to 1981. Judge Creech continued the practice of law with the law firm of Watson & Creech from 1981 to 1987. Judge Creech was a sole practitioner from 1987 until his election to the bench in 1988.
Judge Creech served as a Moncks Corner town attorney from 1980 to 1987.
(4) Judicial Temperament:
The Joint Committee believes that Judge Creech's temperament would be excellent.
(5) Diligence and Industry:
Judge Creech was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Creech is married with 4 children, ages 24, 13, 10, and 6.
(6) Mental and Physical Capabilities:
Judge Creech appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Creech has managed his financial affairs responsibly.
(8) Public Service:
Judge Creech has been a member of the bench since 1988.
Judge Creech is an active member of his church.
(9) Ethics:
Judge Creech testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Creech meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Creech qualified and said:
The people interviewed generally perceive him as intelligent, tough but fair, and a hard worker.
He is perceived to be unbiased.
Judge Creech is conscientious and takes his job seriously.
He is respected by lawyers and possesses an excellent judicial temperament.
Joint Committee's Finding: Qualified
Judge Edwards was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Edwards demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Edwards to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Edwards has never been appealed in a reported appellate decision.
Judge Edwards has been an instructor in juvenile and criminal law at Tri-County Technical College. He has also been an instructor at the S.C. Constable Training Program, a faculty advisor at the National College of District Attorneys, and a panel member at the Juvenile Justice Update conducted during the Solicitor's Conference in 1994.
(3) Professional Experience:
Judge Edwards was admitted to the S.C. Bar in 1976 and to the Montana Bar in 1977.
(4) Judicial Temperament:
The Joint Committee believes that Judge Edward's temperament would be excellent.
(5) Diligence and Industry:
Judge Edwards was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Edwards is married with three children, ages 16, 12, and 9.
(6) Mental and Physical Capabilities:
Judge Edwards appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Edwards has managed his financial affairs responsibly.
(8) Public Service:
Judge Edwards was on active duty in the U.S. Army from 1971 to 1973. He was a member of the Ready Reserve from 1973 to 1985 when he was honorably discharged.
Judge Edwards was elected to the Family Court bench in 1991.
Judge Edwards is active in church and civic activities.
(9) Ethics:
Judge Edwards testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Edwards meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Edwards qualified and said:
He has had significant experience in the judicial system as a private attorney, prosecutor, and as a Family Court judge.
He is respected by members of the Bar for his legal ability and analytical skills in both domestic and juvenile matters.
Judge Edwards has done an excellent job serving as Administrative Judge for the Family Court of the Tenth Judicial Circuit.
His patience and temperament are excellent. His character and integrity are beyond reproach.
There was an article in the October 6, 1993, edition of The Charlotte Observer which reported that Judge Edwards began requiring counseling as a necessary step before a divorce can be issued in Oconee and Anderson family courts.
Joint Committee's Finding: Qualified
Judge Fanning was screened on May 3, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Fanning demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Fanning to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Judge Fanning has been appealed in 46 reported appellate decisions. He was reversed, in whole or in part, in 18 of those matters.
Judge Fanning received national attention for his handling of the matter of Parris v. Parris which involved issues of custody. Judge Fanning noted that the mother, Ruth Parris, was a career woman and spent time with clients at night and on the weekends. Judge Fanning awarded custody of the minor child to the father and was criticized as having allegedly held bias against the mother because she was a career woman. See article in the Charlotte Observer on December 10, 1994 and December 24, 1992. This matter is still on appeal to the S.C. Supreme Court.
In August of 1977, Judge Fanning delivered a lecture to the southeastern conference on juvenile court judges at Black Mountain, N.C. Judge Fanning reviewed the constitutional law pertaining to juvenile court and presented the annual case update. He also has made two presentations to the Family Court judges of South Carolina annual meetings concerning matters of family law.
(3) Professional Experience:
Judge Fanning was admitted to the Michigan Bar in 1961, the New York Bar in 1961, and the S.C. Bar in 1964.
Judge Fanning describes his legal experience as follows:
(a) 1961-1964 U.S. Air Force Judge Advocate
(b) 1964-1968 Dowling, Dowling, Sanders & Dukes
(c) 1968-1970 Hendrix & Fanning
(d) 1970-1975 Donald A. Fanning, Attorney at Law (Charles Webb, III and John B. O'Neal, III, Associates)
(e) 1975-1977 Judge of the Civil and Criminal Court of Beaufort County and Judge of the Family Court of Beaufort County.
(f) 1977-Present Family Court Judge, 14th Judicial Circuit
Judge Fanning has served numerous terms as Special Circuit Court Judge by appointment of the Chief Justice.
(4) Judicial Temperament:
The Joint Committee believes that Judge Fanning's temperament would be excellent.
(5) Diligence and Industry:
Judge Fanning was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Fanning is married with 3 adult children.
(6) Mental and Physical Capabilities:
Judge Fanning appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Fanning has managed his financial affairs responsibly.
(8) Public Service:
Judge Fanning has been a Family Court Judge since 1977.
Judge Fanning served in the United States Air Force from 1961 to 1964.
Judge Fanning was an unsuccessful candidate for Circuit Court Judge in 1980 and 1991. Judge Fanning was also an unsuccessful candidate for the Beaufort County Council in 1968 and for the S.C. House of Representatives in 1970.
Judge Fanning is active in church and community activities.
(9) Ethics:
Judge Fanning testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Fanning meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Fanning qualified and said:
He has a long record of service as a judicial officer, first as a judge of the Civil and Criminal Court of Beaufort County and judge of the Family Court of Beaufort County. When the judicial System was unified, he became a Family Court judge and has served since 1977 to the present. He has also served as a Circuit Court judge by special appointment on numerous occasions.
Those familiar with his style consider him to be a fair-minded, impartial judge. However, some of those questioned regard him as being a little impatient and short-tempered.
Judge Fanning is perceived to be very attentive to the testimony. Without question, he is in charge of his courtroom.
He is perceived as someone who is very interested in achieving a just result.
Judge Fanning has been sued twice. The first action was in 1982 and was filed by Alva Eugene Kephart against the S.C. Department of Corrections, Warden George Martin, III, the Attorney General and Judge Fanning. The plaintiff filed a petition for a writ of habeas corpus which was dismissed in 1982.
Judge Fanning was also sued by Mary Peters in 1983 and 1987. The list of defendants in those matters included several circuit and Family Court judges, the former Deputy Clerk of the S.C. Supreme Court, the Circuit Court of S.C., the Clerk of Court for Beaufort County, the Sheriff of Beaufort County, the Auditor of Beaufort County, the Treasurer and the County Attorney, as well as several individuals. Ms. Peters' complaint was filed pro se and Judge Fanning reported that it was his understanding that she filed the complaint because she was dissatisfied with the outcome of some of the litigation she had been involved in South Carolina. She reportedly indicated that she wished the judicial system in county government would stop harassing her by enforcing their judgments, taxes, rules, and regulations. Mrs. Peters appeared before the Joint Committee for Judicial Screening in the past.
Joint Committee's Finding: Qualified
Judge Foster was screened on May 3, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Foster demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Foster is secretary/treasurer of Shoe Mart of Spartanburg, Inc. The company is in the wholesale shoe business, but Judge Foster is an investor and is not involved in the day-to-day operations. Judge Foster is also on the Board of Directors for Three Pines Cola., Inc., a golf course where he lives. He is secretary to the Board.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Foster to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Foster has been appealed in 10 reported appellate decision. He was reversed, in whole or in part, in 5 of those matters.
Judge Foster taught college law at Spartanburg Methodist College. He also regularly teaches the legal secretary's course on family law.
Judge Foster's last Martindale-Hubbell rating (1983) was BV.
(3) Professional Experience:
Judge Foster was admitted to the Bar in 1973.
Judge Foster opened a law practice in 1973 and was associated with Roy McBee Smith until August of 1977. He was associated with Rembert D. Parler in 1977 but maintained his own practice. The two formed a partnership in 1979 which they continued until 1983. Judge Foster was elected to the Family Court in 1983.
Judge Foster served as the City Recorder for the Town of Woodruff from 1974 to 1977.
Judge Foster served as the Assistant County Attorney for Spartanburg County from 1973 to 1977. He also served as City Attorney for the Town of Woodruff from 1977 to 1983.
(4) Judicial Temperament:
The Joint Committee believes that Judge Foster's temperament would be excellent.
(5) Diligence and Industry:
Judge Foster was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Foster is married with three adult children.
(6) Mental and Physical Capabilities:
Judge Foster appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Foster has managed his financial affairs responsibly.
(8) Public Service:
Judge Foster has been a member of the bench since 1983.
Judge Foster served in this U.S. Army from 1959 to 1962.
Judge Foster was an unsuccessful candidate for Probate Court Judge. He was also an unsuccessful candidate for the Family Court in 1981 and for the Circuit Court in 1990.
Judge Foster is active in professional and community activities.
(9) Ethics:
Judge Foster testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Foster meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Foster qualified and said:
His knowledge of the law and experience both as a lawyer and a judge provide an excellent basis for the performance of his duties.
Those interviewed reported favorably on his work ethic and promptness in rendering decisions in cases before him.
Judge Foster is considered to have a superb reputation for integrity and impartiality.
He is well-respected in the legal community.
Joint Committee's Finding: Qualified
Mr. Fraley was screened on May 9, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Fraley demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Fraley to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Fraley's Martindale-Hubbell rating is BV.
(3) Professional Experience:
Mr. Fraley taught a business law course at Rutledge College.
Mr. Fraley has practiced with a number of different attorneys since his graduation from law school in 1977. He described his practice over the past 5 years as 95% domestic, less than 5% civil, and less than 5% criminal. He indicated that he appears in state court several times a week.
Mr. Fraley provided the Joint Committee with 5 significant litigated matters he described as follows:
(a) Belve v. Belve: In 1981 it was not clear how to challenge an error of the lower court in an order when the defendant was not present and in default. This case resolved that issue and is cited frequently in post judgment motions and is frequently discussed at seminars.
(b) State v. Clary: Mr. Fraley was co-counsel for the defendant in a jury trial in General Sessions court who was charged with 3 counts of reckless homicide and 3 counts of involuntary manslaughter.
(c) Youngblood v. Youngblood: Mr. Fraley represented the husband in a contested adultery case in which there was little corroboration of adultery against a wife who was also seeking alimony.
(d) State v. Boggs: Mr. Fraley was co-counsel representing a 17-year old girl charged with shooting and killing her father while he slept. The father allegedly physically and sexually abused her and her younger brother for several years.
(e) Laird v. State: Appeal to the U.S. Supreme Court concerning a jury charge which contained the statement that the defendants were "prima facie guilty" if the jury found certain facts. The Supreme Court denied certiorari.
Mr. Fraley provided the Joint Committee with a list of 5 domestic appeals he handled.
Mr. Fraley has served as a special referee on one occasion.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Fraley's temperament would be excellent.
(5) Diligence and Industry:
Mr. Fraley was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Fraley is married with a 7 year old daughter.
(6) Mental and Physical Capabilities:
Mr. Fraley appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Fraley has managed his financial affairs responsibly.
(8) Public Service:
Mr. Fraley is an active member of his church and of the Spartanburg Civitan Club.
(9) Ethics:
Mr. Fraley testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Fraley meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Fraley qualified and said:
More than half of his practice has been devoted to family law. In the last several years the vast majority of his practice has been in the family court.
Those interviewed commented favorably on his demeanor and temperament. They also perceive him as being fair in his dealings with other lawyers.
Mr. Fraley is seen by those interviewed as industrious. He is also known as an attorney who competently represents his client.
The consensus of those interviewed was that he has the intellect, experience, and temperament to fulfill the position of family court judge.
Joint Committee's Finding: Qualified
Mr. Garfinkel was screened on May 9, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Garfinkel demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Mr. Garfinkel shares office space with 8 other attorneys and indicated on his application materials that he would recuse himself from matters in which the other attorneys were involved for a minimum of 2 years after his election.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Garfinkel to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Mr. Garfinkel's Martindale-Hubbell rating is AV.
(3) Professional Experience:
Mr. Garfinkel has taught a course in basic real estate law to prospective real estate agents.
Mr. Garfinkel has been a solo practitioner since his graduation from law school in 1970. Since 1989, he has practiced almost exclusively family law and he described his practice over the last 5 years as 95% domestic and 5% civil. He estimated that he appeared in state court at least once a week until the start of the 1995 legislative session.
Mr. Garfinkel provided the Joint Committee with 5 significant litigated matters and described them as follows:
(a) In re Debra Banis: The sole issue in this case was whether or not the adoptive parents committed the alleged physical and sexual abuse on the child who was the subject of the litigation. Mr. Garfinkel represented the child before the state had its present guardian ad litem program. The child and her brother were removed by the court from their home and placed in foster care, but were placed back in their parents' home for a 3-day trial period over Christmas. The 2 children felt they could not tolerate more abuse and killed their parents during this 3 day trial period.
(b) Haley v. Stratton: This case dealt with the issue of contested adoption by a stepparent. Mr. Garfinkel established that it was in a 5 year old child's best interest to be adopted by her step-father and have her natural father's rights terminated.
(c) Bishop v. Bishop: This case involved an action for divorce, custody, support, and alimony. It was one of the first cases in the Charleston area to use certified public accountants to determine the father's actual worth and his income as a practicing physician.
(d) Harris v. Estate of Gearhart: The problem presented in this case was how to determine paternity when the alleged father had been killed in an automobile accident and had been embalmed and buried several months prior. Mr. Garfinkel discovered that SLED had obtained a vial of the father's blood after his accident for the purpose of performing a blood alcohol test, and Mr. Garfinkel obtained the blood and had the paternity test conducted.
(e) Outzs v. Outzs: This case involved the question of what constitutes a change of circumstances so as to warrant a change of custody. At the time of the original divorce decree the father lost custody due to his alcohol and drug abuse and inability to maintain steady employment. The father regained custody in this matter by establishing that he had resolved his alcohol and drug problems and built a successful business.
Mr. Garfinkel provided the Joint Committee with 1 domestic appeal he has handled. The matter was O'Shields v. O'Shields and was decided by the S.C. Supreme Court in 1972.
Mr. Garfinkel has been a member of the Occupational Safety and Health Administration Board since 1991 and served as State Chairman from 1992 to 1994.
Mr. Garfinkel is an issuing agent for title insurance under the name of AccenTitle Insurance Agency. He has been a title agent since 1978 and his company is a sole proprietorship.
Mr. Garfinkel reported that he has handled a significant number of arbitrations for the American Arbitration Association and was invited by the Association to be 1 of only 25 attorneys from the Carolinas and Virginia to attend its initial course on mediation techniques.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Garfinkel's temperament would be excellent.
(5) Diligence and Industry:
Mr. Garfinkel was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Garfinkel is married with 2 grown children.
(6) Mental and Physical Capabilities:
Mr. Garfinkel appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Garfinkel has managed his financial affairs responsibly.
(8) Public Service:
Mr. Garfinkel has been a member of the Occupational Safety and Health Administration Board since 1991 and served as State Chairman from 1992 to 1994.
Mr. Garfinkel ran unsuccessfully for the family court in 1993.
Mr. Garfinkel has been active in professional and civil activities.
(9) Ethics:
Mr. Garfinkel reports in his application materials that he has spent $142 on his campaign.
Mr. Garfinkel testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Garfinkel meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Garfinkel qualified and said:
The people interviewed generally perceived him a having a broad range of experience in the Family Court.
He is intelligent and knowledgeable in the law, is industrious and has an excellent work ethic.
The majority of those interviewed felt that Mr. Garfinkel is polite, friendly, extremely sympathetic and caring.
He is well-respected by both his peers and members of the non-legal community because of his personal involvement in the community.
Joint Committee's Finding: Qualified
Mr. Henderson was screened on May 9, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Henderson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Henderson to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Henderson lectured at a CLE seminar on the subject of jury selection.
Mr. Henderson's Martindale-Hubbell rating is AV.
(3) Professional Experience:
Mr. Henderson began the general practice of law with his father-in-law upon graduation from law school in 1978. When his father-in-law retired in 1982, Mr. Henderson continued a solo general practice until 1985 when he formed a partnership with William O. Spencer, Jr. An associate, Mary Thomas Johnson, joined the firm in 1993, and the three attorneys have continued a general practice of law. Mr. Henderson reported on his application materials that he has since 1985 concentrated in the areas of family law, criminal law, and personal injury matters.
Mr. Henderson estimated that he appears in federal court twice a year, in state court 15-20 times per month, before the Workers' Compensation Commission 2-3 times per month, before the Social Security Administration 2-3 times per month, and in magistrate's court 5-6 times per month.
Mr. Henderson estimated that his practice over the last five years has been 40% domestic, 20% criminal, and 20% civil.
Mr. Henderson provided the Joint Committee with five significant litigated matters. These matters included:
(a) Chesterfield County Rural Water Company Inc. v. Town of Cheraw: This matter was significant in that Mr. Henderson obtained an order in federal court prohibiting the Town of Cheraw from entering the rural water company service areas. Additionally, Mr. Henderson represented a rural water company and lost against the towns of Pageland and Chesterfield and obtained out-of-court settlements which resulted in agreements establishing permanent service territories for the rural water companies in the towns.
(b) Danny Lee Rainwater v. Donald Kay Wolfe Rainwater: This matter was significant in that it involved custody of the Rainwater's four children which was originally split by the Family Court, but through Mr. Henderson's efforts, the court eventually granted Mr. Rainwater custody of all four children. Mrs. Rainwater later kidnapped all four children and took them to Germany, but was arrested and the children were returned to Mr. Rainwater upon their return to the United States.
(c) Mary C. Crowley v. Robert Taylor: This matter was significant in that Mr. Henderson obtained a jury verdict of $2,000 actual damage for Mrs. Crowley and $40,000 in punitive damages due to the fact that Mr. Taylor was operating an automobile in flagrant violation of the law and that he was driving under the influence of alcohol while being pursued at a high rate of speed by a police officer. The jury sought fit to punish Mr. Taylor and make an example of him.
(d) James H. Dixon v. Nucor Steel Corporation: This matter was significant in that Mr. Henderson was successful in proving before the Workers' Compensation Commission that Mr. Dixon was permanently disabled from materials he breathed during his employment.
(e) State v. John Parks: This matter was significant in that Mr. Parks, who was charged with criminal sexual conduct with his 8 year old stepdaughter, was acquitted after Mr. Henderson was able to convince the jury that the child's testimony was without feeling and emotion due to her having been coached by her mother who is separated from Mr. Parks.
Mr. Henderson provided the Joint Committee the 3 civil appeals he has handled. One of the 3 appeals was Dixon v. Nucor Steel Corporation as discussed above, one was a slip and fall case, and the 3rd was a domestic matter.
Mr. Henderson was the Recorder for the Town of Chesterfield from 1978 to 1982. In this capacity, he handled all traffic and criminal offenses in which the punishment did not exceed 30 days or a $200 fine.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Henderson's temperament would be excellent.
(5) Diligence and Industry:
Mr. Henderson was punctual and attentive in his dealings with the Joint Committee and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Henderson is married and has three children, ages 16, 13, and 7.
(6) Mental and Physical Capabilities:
Mr. Henderson appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Henderson has managed his financial affairs responsibly.
(8) Public Service:
Mr. Henderson served in the United States Army Reserves from 1971 to 1977 and was honorably discharged.
Mr. Henderson was the Recorder for the Town of Chesterfield from 1978 to 1982.
Mr. Henderson was Chairman of the Chesterfield County Election Commission from 1979 to 1984. He was also a member of the S.C. Commission on Higher Education from 1986 to 1993, and is presently a member of the Chesterfield County School District Board of Education.
Mr. Henderson is active in community and professional affairs.
(9) Ethics:
Mr. Henderson testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Henderson meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Henderson qualified and said:
He has been engaged in the general practice of law for approximately 17 years with emphasis in the areas of family, criminal, and personal injury law.
He has had extensive experience in domestic relations law and is viewed as a competent practitioner in family court.
Mr. Henderson is energetic, capable, industrious, and well-liked and respected by his peers as well as those in the non-legal community.
His character, integrity, and reputation are outstanding.
He has an excellent demeanor and is expected to exhibit good judicial temperament. It is felt that he would be fair and impartial.
Joint Committee's Finding: Qualified
Judge Inabinet was screened on May 5, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Inabinet demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Inabinet is a director and officer of Main Street Auto Parts, Inc. He owns 49% of the stock with the balance owned by a partner. His partner runs the business and he does not participate in the daily operations.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Inabinet to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Inabinet has been appealed in 11 reported appellate decisions and was reversed, in whole or in part, in 6 of those matters.
Judge Inabinet has attended over 100 hours of CLE in the past 5 years.
Judge Inabinet has spoken at a JCLE seminar on the termination of parental rights.
Judge Inabinet's last Martindale-Hubbell rating (1983) was BV.
Judge Inabinet provided the Joint Committee with 5 significant orders or opinions.
Judge Inabinet serves as Administrative Judge for the Second Circuit and has done so since 1986. He also serves as the Family Court representative on the Commission on Continuing Legal Education from 1988 to 1991.
Judge Inabinet speaks on a regular basis at training programs for the Guardian ad Litem and juvenile arbitration programs. He has also spoken at meetings of the Legal Secretaries Association.
(3) Professional Experience:
Judge Inabinet was admitted to the Bar in 1970.
Judge Inabinet began practicing law in 1970 with Sam Ray. He became an associate with the firm of Brown, Jeffries & Boulware, in 1974. His practice of law included torts, property matters, domestic matters, small corporations, small businesses, banking, criminal, estate planning, and probating estates. He was elected a Family Court Judge in 1983.
Judge Inabinet served as a special referee from 1974 to 1983.
(4) Judicial Temperament:
The Joint Committee believes that Judge Inabinet's temperament would be excellent.
(5) Diligence and Industry:
Judge Inabinet was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Inabinet is married with two adult children.
(6) Mental and Physical Capabilities:
Judge Inabinet appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Inabinet has managed his financial affairs responsibly.
(8) Public Service:
Judge Inabinet served in the United States Army from 1967 to 1976.
Judge Inabinet has been a Family Court Judge since 1983.
Judge Inabinet was elected to the Barnwell County Council in 1972 and served until 1983.
(9) Ethics:
Judge Inabinet testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Inabinet meets the constitutional and statutory requirements for the office he seeks.
There was an article in the November 13, 1992 edition of the Charlotte Observer which reported that fathers who don't make court-ordered child support payments will find themselves working or trying to find a job if they are jailed at the Aiken County Detention Center. The report was about a new program designed to put defendants in contempt to work. Judge Inabinet was quoted as saying, "Two good things about this: you've got child support coming in and they don't lose their jobs."
Judge Inabinet was sued along with other members of the Barnwell County Council in 1973 with respect to a defunct industrial revenue bond. His law firm was also sued at that time because the senior partner was the Barnwell County attorney at the time the bond was issued. The case was dismissed.
Joint Committee's Finding: Qualified
Ms. Jefferson was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Ms. Jefferson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Ms. Jefferson to be intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
Ms. Jefferson is not rated in Martindale-Hubbell.
(3) Professional Experience:
Ms. Jefferson has been an attorney for 5 1/2 years.
Ms. Jefferson was a business law instructor at Trident Technical College paralegal program during the 1993-94 school year.
Ms. Jefferson described her legal experience since graduation from law school in 1989 as follows:
(a) 1989-1990 Law clerk to the Honorable Richard E. Fields. Primary responsibilities included legal research, preparation of jury charges, preparation of orders, scheduling of motions, tasks required to prepare the judge for trials/hearings, and other daily tasks required by the judge to ensure smooth operation of the court.
(b) 1990-Present Attorney with McFarland & Associates. Trial practice focusing on domestic relations, all types of civil litigation, probate law, real estate law, and criminal law.
Ms. Jefferson estimates that she has appeared in federal court 15 times during the last 5 years and has appeared in state court approximately 50-60 times during the last 5 years. She indicates that she has appeared as infrequently as once a week and as frequently as 4 times a week in Family Court since entering private practice in 1990. She also estimates that she has appeared in Probate Court 20 times during the last five years and has appeared in magistrate's or municipal court approximately 50 times during the last 5 years.
Ms. Jefferson estimated that her practice over the last 5 years has been 47% civil, 6% criminal, and 47% domestic.
Ms. Jefferson provided the Joint Committee with five of her most significant litigated matters which she described as follows:
(a) Blake v. County of Charleston: This case involved complex federal civil rights litigation. The trial lasted for 2 weeks and involved many motions and other complex legal issues relating to evidence of the new federal rules. Ms. Jefferson reports that she tried this case with two other lawyers, both of whom had been practicing for more than 18 years. Ms. Jefferson indicated that her responsibilities included arguing motions, examining witnesses, preparing motions, and preparing jury charges.
(b) Hymes v. Khoury: Ms. Jefferson describes this case as a simple auto accident case which she did not think would be successful, but said the case taught her the importance of the strategic application of the civil rules of procedure in case law. She said the case took one day to try, but the jury deliberated for two days and returned a verdict for her client.
(c) In re: The Estate of Joseph J. White, Jr.: The central issues in this Probate Court case involved the paternity of a 2 year old child of the victim of an automobile fatality.
(d) Ashby v. Ashby: Ms. Jefferson indicated that she represented the plaintiff/husband who sought custody of his three children in this case. The court applied the primary caretaker doctrine and awarded custody to the father. The case also involved issues of equitable distribution, adultery, child support, and attorney's fees.
(e) Thompson v. Polite: This case involved a hotly-contested issue of visitation between the plaintiff/husband and his minor son. The defendant/wife was adamant in her refusal to allow visitation, but the plaintiff/husband was awarded reasonable visitation at the temporary hearing of this case. Prior to the final hearing, the clients submitted to mediation and through this process they were able to come to an amicable agreement regarding visitation and the rearing of their child. Ms. Jefferson said this case reinforced her belief and the value of alternative dispute resolution as a method of improving the efficient use of court time and resources.
Ms. Jefferson has never handled an appeal.
(4) Judicial Temperament:
The Joint Committee believes that Ms. Jefferson's temperament would be excellent.
(5) Diligence and Industry:
Ms. Jefferson was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
(6) Mental and Physical Capabilities:
Ms. Jefferson appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Ms. Jefferson has managed her financial affairs responsibly.
(8) Public Service:
Ms. Jefferson has been active in professional and community activities.
(9) Ethics:
Ms. Jefferson reported on her application material that her campaign expenditures have totaled $66.00.
Ms. Jefferson testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Ms. Jefferson meets the constitutional and statutory requirements for the office she seeks.
The Bar found Ms. Jefferson qualified and said:
The majority of those interviewed felt that she is intelligent, a hard worker, and prepared in court.
It is believed that she will have a good judicial temperament. She is bright, courteous, and friendly.
Ms. Jefferson is perceived to have excellent character and integrity.
Many of those interviewed expressed concern that she is young (age 31) with brief experience (admitted to practice in November, 1989). However, it was not felt that those factors outweighed the other factors which would make her qualified to be a Family Court judge.
Joint Committee's Finding: Qualified
Judge Johnson was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Johnson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Johnson to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Johnson has been appealed in 20 reported appellate decisions. He was reversed, in whole or in part, in 7 of those matters.
Judge Johnson was sued by an inmate of the S.C. Department of Corrections in 1994. The case was dismissed shortly thereafter.
Judge Johnson regularly instructs classes for volunteer guardians ad litem in Greenville County. He has also spoken to state-wide guardian ad Litem conferences and has moderated judicial education programs as Vice President and President of the S.C. Conference of Family Court Judges.
Judge Johnson's last Martindale-Hubbell rating (1992) was BV.
(3) Professional Experience:
Judge Johnson was admitted to the Bar in 1969.
Judge Johnson practiced with Rex Carter from 1969 until his election to the Family Court bench in 1982.
(4) Judicial Temperament:
The Joint Committee believes that Judge Johnson's temperament would be excellent.
(5) Diligence and Industry:
Judge Johnson was punctual and attentive in his dealings with the Joint Committee and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Johnson is married with 2 adult children.
(6) Mental and Physical Capabilities:
Judge Johnson appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Johnson has managed his financial affairs responsibly.
(8) Public Service:
Judge Johnson has been a member of the Family Court bench since 1982.
(9) Ethics:
Judge Johnson testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Johnson meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Johnson qualified and said:
He is perceived to be a hard worker who is efficient and time conscious. He is thorough in his fact investigation in all cases prior to ruling.
His knowledge of the law, judicial temperament, and demeanor are unquestioned.
Judge Johnson is widely perceived as being courteous to lawyers and litigants.
His character and integrity are above reproach.
Joint Committee's Finding: Qualified
Mr. Kelly was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Kelly demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Mr. Kelly is on the Board of Directors of the Senior Centers of Spartanburg, Inc.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Kelly to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Kelly is not rated in Martindale-Hubbell.
Mr. Kelly has never been sued, but has been named in pleadings as an attorney who may have an interest in real property being foreclosed upon by a lending institution. Mr. Kelly explained that this is because family court orders often include an award of attorney fees and a careful title search will result in the attorney being named in foreclosure proceedings.
(3) Professional Experience:
Mr. Kelly taught a family law course for non-lawyers.
Mr. Kelly has practiced with Jim S. Brooks since his admission to practice in 1988. He described his practice as 40% domestic, 40% criminal defense, 10% real estate, and 10% other.
Mr. Kelly provided the Joint Committee with 5 significant litigated matters and described them as follows:
(a) Boswell v. Seay: This case was significant because it involved child custody where a natural parent sued the grandparents to gain custody. An appeal is currently pending.
(b) Johnson v. Johnson: This was a family court matter in which Mr. Kelly raised on objection to the modification of a previous final order of the court.
(c) State v. Jessie Keith Brown: Mr. Kelly volunteered to assist the Public Defender in this death penalty case. The defendant was acquitted.
(d) State v. Tammy Calvert: This was a felony DUI case in which the defendant was convicted after a jury trial. The case was significant because Mr. Kelly performed an out-of-court experiment regarding drugs and alcohol which was admitted into evidence.
(e) State v. Jeff Wofford: This case was significant because the defendant was not sentenced under the Youthful Offender Act and the sentence of the court was overturned.
Mr. Kelly has handled 1 domestic appeal, the Boswell v. Seay matter discussed above.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Kelly's temperament would be excellent.
(5) Diligence and Industry:
Mr. Kelly was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Kelly is married with 3 children, ages 8, 6, and 5.
(6) Mental and Physical Capabilities:
Mr. Kelly appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Kelly has managed his financial affairs responsibly.
(8) Public Service:
Mr. Kelly ran unsuccessfully for the state Senate in 1991.
Mr. Kelly was on active duty in the U.S. Army from 1981 to 1984 and was a member of the U.S. Army Reserves from 1981 to 1995.
Mr. Kelly is active in professional and community activities.
(9) Ethics:
Mr. Kelly testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Kelly meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Kelly qualified and said:
His practice is primarily in domestic relations law and criminal law.
He is very personable and a hard worker. He has a good disposition. He is well-liked among his colleagues at the Bar.
Mr. Kelly enjoys an excellent reputation for integrity, honesty, and fair dealing.
Even though there was some question about his experience, there was no doubt that he had sufficient experience in the Family Court to be competent in family law.
Joint Committee's Finding: Qualified
Ms. Kinon was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Ms. Kinon demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Ms. Kinon to be intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
Ms. Kinon has given the following lectures:
(a) S.C. Bar Domestic Practice -- "Hot Tips from the Experts" (1992, 1993, and 1994);
(b) S.C. Bar "Cameras in the Courtroom" (1993);
(c) Horry County Bar "Effective Motions Practice in Family Court" (1992);
(d) "The New Family Court Rules" (1989); and
(e) "Hearsay in Child Abuse Cases" (1987).
Ms. Kinon is not rated in Martindale-Hubbell.
Ms. Kinon has received the following awards:
(a) University of South Carolina School of Law Compleat Lawyer Award, 1994;
(b) South Carolina Bar Pro Bono Service Award, 1992; and
(c) South Carolina Business and Professional Women Young Careerist, 1987.
(3) Professional Experience:
Ms. Kinon was admitted to the Bar in 1985.
Ms. Kinon described her legal experience as follows:
(a) 1985 to 1986 Rosen, Rosen & Scoville -- General practice with emphasis on real estate title work, domestic matters, and private contract work with the Georgetown County Public Defender's Office.
(b) 1986 to 1987 Family court practice and private contract work with the Georgetown County Public Defender's Office.
(c) 1987 to 1988 Hearn & Corbett -- 95% of practice in family court.
(d) 1988 to 1989 Van Osdell, Lester, Stewart, Hearn, McCutchen, Brittain & Martin -- 95% of practice in family court.
(e) 1989 to Present Hearn, Brittain & Martin -- 95% of practice in family court.
Ms. Kinon estimated that over the past 5 years she has appeared in family court an average of once per week.
Ms. Kinon estimated that 95% of her practice over the past 5 years has been domestic with the remaining 5% equally divided between civil and criminal. Ms. Kinon stated that she is "[m]ostly concerned with researching matters in those areas for other attorneys in [her] firm."
Ms. Kinon provided the Joint Committee with 5 of her most significant litigated matters which she described as follows:
(a) John Roe and Jane Roe v. Baby Girl Doe, et al.: Represented adoptive parents in a contested adoption action brought by the biological father.
(b) Robert Woodland and Barbara Woodland v. Amy Griffin, et al.: Represented maternal grandparents in custody action against biological parents.
(c) Alva B. Nielsen v. James P. Nielsen: Represented wife in the dissolution of a marriage of 35 years with issues involving alimony and equitable division of a policeman's pension.
(d) Selena G. Smith v. Redding C. Smith: Represented father in contested custody case involving physical abuse by the mother.
(e) D.S.S. v. James Douglas Johnson: Defended father in action brought by DSS for alleged sexual abuse.
Ms. Kinon has never handled a domestic appeal.
Ms. Kinon is a certified family court mediator.
(4) Judicial Temperament:
The Joint Committee believes that Ms. Kinon's temperament would be excellent.
(5) Diligence and Industry:
Ms. Kinon's was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
Ms. Kinon is married with twin 2 1/2 year old boys.
(6) Mental and Physical Capabilities:
Ms. Kinon appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Ms. Kinon has managed her financial affairs responsibly.
(8) Public Service:
Ms. Kinon is active in professional and community activities. She is currently serving on the:
(a) Board of Advisors for the South Carolina Council for Mediation and Alternative Dispute Resolution;
(b) Joint Commission on Alternative Dispute Resolution for the South Carolina Supreme Court;
(c) Board of Commissioners on Grievances and Discipline;
(d) Horry County Bar Family Court Executive Committee; and
(e) Horry County Bar Family Court Advisory Committee.
Ms. Kinon has in recent years been a member of the South Carolina Bar:
(a) Board of Governors (1990-1993);
(b) Nominating Committee (1989-1990); and
(c) House of Delegates (1988-1990).
(9) Ethics:
Ms. Kinon reported on her application materials that she has spent $52.48 on her campaign.
Ms. Kinon testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Ms. Kinon meets the constitutional and statutory requirements for the office she seeks.
The Bar found Ms. Kinon qualified and said:
She has been a practicing attorney in South Carolina since her admission to practice in 1985. During this time she engaged in a general practice before engaging primarily in the practice of domestic law.
Ms. Kinon enjoys an excellent reputation for integrity, honesty, ability, and reliability. Her reputation for concern and diligence in the representation of her clients is notable.
Those people interviewed are of the opinion that she will be fair, courteous, diligent, and capable.
She has strong ties to the community and enjoys the confidence of Bar members.
Joint Committee's Finding: Qualified
Judge Kittredge was screened on May 8, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Kittredge demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Kittredge to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Judge Kittredge has been appealed in 2 reported appellate decisions and was reversed, in whole or in part, in 1 of those matters.
Judge Kittredge has been a frequent speaker at CLE, JCLE, and family law programs.
Judge Kittredge graduated summa cum laude from U.S.C. with a degree in criminal justice. He is a member of Phi Beta Kappa.
During law school Judge Kittredge was a member of the Order of the Coif and Wig and Robe.
Judge Kittredge serves as administrative judge and has formed an ad hoc committee of family law practitioners who meet with him monthly to facilitate communication between the bench and bar.
(3) Professional Experience:
Judge Kittredge was admitted to the Bar in 1982.
Judge Kittredge worked for the Greenville Police Department during his undergraduate years.
(4) Judicial Temperament:
The Joint Committee believes that Judge Kittredge's temperament would be excellent.
(5) Diligence and Industry:
Judge Kittredge was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Kittredge is married with 3 children, ages 11, 7, and 7.
(6) Mental and Physical Capabilities:
Judge Kittredge appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Kittredge has managed his financial affairs responsibly.
(8) Public Service:
Judge Kittredge has been a family court judge since 1991.
(9) Ethics:
Judge Kittredge testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Kittredge meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Kittredge qualified and said:
He enjoys an excellent reputation for judicial temperament, honesty and work ethic.
During his tenure as a Family Court judge, lawyers appearing before him have reported favorably on his impartiality and diligent handling of the court docket.
Judge Kittredge has a superb grasp of the legal issues and possesses a wealth of experience both on and off the bench that qualifies him to handle family court matters.
He is regarded by those interviewed as being courteous and industrious in the performance of his duties.
Joint Committee's Finding: Qualified
Mr. Lawrence was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Lawrence demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Mr. Lawrence and his 2 brothers (Lawrence, Lawrence & Lawrence, L.L.C.) own real property in Greenwood County upon which they are developing a subdivision, condominiums, and commercial property.
Mr. Lawrence owns two residential real estate development companies, Arbours West Partnership and Arbours West Investment Group, Inc., with 4 other individuals.
Mr. Lawrence owns 1/2 of the building in which his law office is located. The other 1/2 of the building is owned by his co-tenant who is a real estate agent.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Lawrence to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Lawrence participated as a lecturer in the CLE programs entitled "Hot Tips from the Experts 1991, 1992, 1993, and 1994."
Mr. Lawrence's Martindale-Hubbell rating is AV.
Mr. Lawrence is a fellow of the American Academy of Matrimonial Lawyers.
(3) Professional Experience:
Mr. Lawrence was admitted to the Bar in 1969.
Mr. Lawrence described his legal experience as follows:
(a) 1968-1970 U.S. Army JAGC
(b) 1970-1971 Butler, Chapman, Parler & Morgan (business and trial defense work)
(c) 1971-1976 Butler, Means, Evins & Browne (business and trial defense work)
(d) 1976-1978 Sole practitioner with a general practice
(e) 1978-1989 Lawrence & Shaw (general practice with concentration on domestic law)
(f) 1989-1992 Brown & Hagins (general practice concentrating on domestic law)
(g) 1992-1993 Lawrence & Shaw
(h) 1993-1994 Sole practitioner with a general practice concentrating on domestic law
(i) 1994-Present Lawrence & Cabler (general practice concentrating on domestic law)
Mr. Lawrence estimated that over the past 5 years he has appeared in federal court once per year and in state court daily. He has also appeared 2 or 3 times per year before the Workers' Compensation Commission and Unemployment Compensation Commission.
Mr. Lawrence estimated that his practice over the past 5 years has been 40% civil, 10% criminal, and 50% domestic.
Mr. Lawrence provided the Joint Committee with 5 of his most significant legal matters which he described as follows:
(a) Valtrol, Inc. v. General Connectors Corp.: Commercial litigation in federal district court. The matter required extensive discovery and 3 days of trial.
(b) Valtrol, Inc. v. General Connectors Corp.: Appeal to the 4th Circuit.
(c) Landrum v. Robinson: This matter which Mr. Lawrence handled at both the trial and appellate levels involved an action seeking to require a father to help pay for his son's college expenses. The talented son wanted to go to the best school he could get into and had obtained scholarships, grants, and loans and had gotten financial assistance from his mother and a job so that he could earn part of the money himself. The court required the father to assist his son.
(d) McKeown v. McKeown: Custody trial which involved allegations of homosexuality, child abuse, and the removal of children from the state.
(e) Stutz v. Funderburk: Mr. Lawrence argued this matter before the South Carolina Supreme Court and it was one of the last cases in South Carolina to apply the "tender years doctrine."
Mr. Lawrence provided the Joint Committee with a list of 5 civil appeals, 4 of which were domestic matters. Mr. Lawrence estimated that he has handled 7 or 8 appeals in state appellate court and 1 case to the 4th Circuit Court of Appeals.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Lawrence's temperament would be excellent.
(5) Diligence and Industry:
Mr. Lawrence was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Lawrence is married with 5 grown children.
(6) Mental and Physical Capabilities:
Mr. Lawrence appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Lawrence has managed his financial affairs responsibly.
(8) Public Service:
Mr. Lawrence served in the U.S. Army form 1968 to 1970. His tour of duty included time spent in Vietnam.
Mr. Lawrence ran unsuccessfully for the South Carolina House of Representatives in 1978 and for the South Carolina Senate in 1982.
Mr. Lawrence is active in professional and community activities.
(9) Ethics:
Mr. Lawrence testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Lawrence meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Lawrence qualified and said:
He is an experienced family court practitioner.
He is considered a zealous advocate who is always well-prepared.
Mr. Lawrence has an excellent reputation for character, integrity, honesty, and diligence, all of which are perceived would serve him well as a judge.
His temperament is beyond reproach, and it is perceived he will be impartial and fair to all parties who appear before him.
Joint Committee's Finding: Qualified
Mr. Mack was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Mack demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Mack to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Mack received his B.A from Syracuse in 1974 and his J.D. from Tulane in 1980. He also attended graduate school at S.U.N.Y. and Georgetown from 1974 to 1976 and was a high school teacher in Maryland from 1975 to 1977.
Mr. Mack is not rated in Martindale-Hubbell.
(3) Professional Experience:
Mr. Mack is an adjunct professor at Charleston Southern University where he teaches business law.
Mr. Mack described his legal experience as follows:
(a) 1981 Charleston County Public Defender's Office
(b) 1981-1983 Ninth Circuit Solicitor's Office
(c) 1982-1992 Almeika, DeVane & Mack -- Practiced family law, criminal law, tort law.
(d) 1992-Present Solo Practitioner -- Practicing family law, criminal law, tort law.
Mr. Mack estimated that over the past 5 years he has appeared in federal court with limited frequency including one 5 week criminal trial, but that he appears in state court weekly.
Mr. Mack estimated that over the past 5 years his practice has been 75% domestic, 15% criminal, and 10% civil.
Mr. Mack provided the Joint Committee with 5 of his most significant litigated matters which he described as follows:
(a) United States v. Overton: (U.S. District Court) Mr. Mack represented defendant Gregory Overton in a multi-defendant drug conspiracy trial which lasted for 5 weeks. Mr. Mack also represented the defendant on appeal to the U.S. Court of Appeals for the 4th Circuit. The matter is still on appeal.
(b) Shirley Graham v. Stanley Williams: (Charleston County Family Court) This matter was a multi-day custody trial involving the interests of 3 minor children of the parties. Mr. Mack represented defendant Williams in this action for a change in custody. The trial court's order allowed Mr. Williams to retain custody of the 3 children, the order was affirmed by the South Carolina Court of Appeals, and the South Carolina Supreme Court denied the plaintiff's request for a writ of certiorari.
(c) William K. Rader v. Robert E. Sheeley: (Dorchester County Family Court) This matter was a custody case in which Mr. Mack represented plaintiff Rader as stepparent seeking custody of a child after the death of the child's biological mother to whom plaintiff was married. The defendant, who was the child's biological father, sought an order returning custody of the child to him. The case was tried for 1 and 1/2 days before a settlement providing for joint custody was reached.
(d) William G. Geiger v. Sandra S. Geiger: (Charleston County Family Court) This is an ongoing matter involving a 1991 court approved property settlement and support agreement in which Mr. Mack represents the plaintiff. The agreement addresses the division of marital assets including real estate and the husband's small business. There is currently pending a rule to show cause for performance on the original property settlement and court interpretation of the terms of the agreement.
(e) Charleston County D.S.S. v. Anne Edwards, et al.: (Charleston County Family Court) Mr. Mack represented the defendant in an action which originally alleged abuse and neglect of her maternal granddaughter. The matter was settled without a finding of abuse, but with an agreement to continue the child in psychiatric care and DSS custody. The case is currently pending for review concerning placement of the minor child.
Mr. Mack reported that he has handled 1 domestic appeal, the Graham v. Williams matter discussed above.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Mack's temperament would be excellent.
(5) Diligence and Industry:
Mr. Mack was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Mack is married with 3 children, ages 13, 10, and 2.
(6) Mental and Physical Capabilities:
Mr. Mack appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Mack has managed his financial affairs responsibly.
(8) Public Service:
Mr. Mack has been active in Spoleto Festival USA and in work for the Gibbes Museum of Art.
(9) Ethics:
Mr. Mack testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Mack meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Mack qualified and said:
He is generally perceived by those interviewed as intelligent and personable. It is thought that he possesses good common sense.
The majority of those interviewed felt that he is conscientious, well-prepared, and would do a good job as a Family Court judge.
It is felt that Mr. Mack would exhibit good judicial temperament and be courteous to both lawyers and litigants. He is perceived to have excellent character and integrity.
He has had broad experience in Family Court and previously served as an assistant solicitor for the Ninth Judicial Circuit.
Joint Committee's Finding: Qualified
Judge McClain was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge McClain demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge McClain to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge McClain has been appealed in 14 appellate reported decisions and was reversed, in whole or in part, in two of those matters.
Judge McClain was a member of the S.C. Law Review from 1971 to 1973.
Judge McClain was the Survey Editor in 1972, and was a delegate to the National Law Review Conference in 1973.
Judge McClain delivered a lecture on the 1994 Crime Bill to the S.C. Solicitor's Association in 1994.
Judge McClain has also given continuing legal education lectures to the Anderson City Police Department and has lectured at many secondary schools on various aspects of the law.
Judge McClain reported that he had been the subject of a grievance concerning his representation of a client in a civil suit, but the grievance was determined unfounded by the Grievance Committee and was dismissed.
(3) Professional Experience:
Judge McClain was admitted to the Bar in 1973.
Judge McClain was engaged in the general practice of law with the law firm of Hall & McClain from 1973 to 1979. He served as City Recorder for the City of Anderson from 1974 to 1979, and was elected Family Court Judge in 1979.
(4) Judicial Temperament:
The Joint Committee believes that Judge McClain's temperament would be excellent.
(5) Diligence and Industry:
Judge McClain was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge McClain is married with two children, both 9 years old.
(6) Mental and Physical Capabilities:
Judge McClain appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge McClain has managed his financial affairs responsibly.
(8) Public Service:
Judge McClain has been a member of the bench since 1979.
Judge McClain was an unsuccessful candidate for the S.C. House of Representatives in 1972.
Judge McClain was a school teacher and coach at Pickens Junior High School from 1968 to 1970.
Judge McClain is active in church and community activities.
Judge McClain often speaks to local schools and social organizations to educate the public on legal issues. He volunteers to assist the school safety patrol and is active in his children's activities.
(9) Ethics:
Judge McClain testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge McClain meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge McClain qualified and said:
He has served on the Family Court bench for sixteen years.
He is well versed in the law.
Judge McClain has an excellent judicial temperament and is courteous to all litigants. His integrity is beyond reproach.
He is considered to be industrious and diligent in the handling of Family Court matters before him.
Joint Committee's Finding: Qualified
Judge Mobley was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Mobley demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Mobley to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Judge Mobley's last Martindale-Hubbell rating (1982) was BV.
(3) Professional Experience:
Judge Mobley was admitted to the Bar in 1964.
Judge Mobley was engaged in the general practice of law from 1964 to 1982. He was elected Family Court Judge in 1982.
Judge Mobley has served as Chief Judge for administrative purposes in the following circuits:
(a) 6th Judicial Circuit;
(b) 5th Judicial Circuit;
(c) 9th Judicial Circuit;
(d) 11th Judicial Circuit; and
(e) 14th Judicial Circuit.
He has been assigned and held court in 24 of the 46 counties in this state.
(4) Judicial Temperament:
The Joint Committee believes that Judge Mobley's temperament would be excellent.
(5) Diligence and Industry:
Judge Mobley was punctual and attentive in his dealings with the Joint Committee and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Mobley is married with two adult children.
(6) Mental and Physical Capabilities:
Judge Mobley appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Mobley has managed his financial affairs responsibly.
(8) Public Service:
Judge Mobley has been a Family Court Judge since 1982.
Judge Mobley served in the United States Army from 1954 to 1956. He served in the S.C. State Guard from 1983 to 1990.
Judge Mobley was a member of the Lancaster County Council from 1972 to 1980. He was elected to the Board of Directors for the S.C. Association of Counties and was elected President in 1978. He was appointed by the Lancaster City Council as City Attorney in 1967, and held office until his election to County Council in 1972. He was again appointed City Attorney in 1980 and held that position until he became a Family Court Judge. Judge Mobley was appointed by Governor Richard W. Riley for a 4-year term to the Local Government Study Committee.
Judge Mobley was an unsuccessful candidate to the S.C. House of Representatives in 1968. He also ran unsuccessfully to be Solicitor of the 6th Judicial Circuit in 1970.
(9) Ethics:
Judge Mobley testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Mobley meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Mobley qualified and said:
He is respected for his administration of dockets throughout the state and is consistent in the application of the rules to all attorneys.
Judge Mobley is very knowledgeable about the law, and his years of service evidence his commitment to the Family Court. He has led continuing legal education sessions and assists in the training of new judges.
He is generally regarded as fair, unbiased, and impartial by those who appear before him.
There was an article in the February 11, 1988, edition of the State in which Judge Mobley was quoted as being an advocate of alternative sentencing. He indicated that "alternative sentencing does a better job for children than incarceration -- especially for those who can be rehabilitated." He also said "we're moving into a new cycle. The whole theme of sentencing now is to sit back and look back at the alternatives."
There was a February 11, 1988, article in the State which quoted Judge Mobley on the subject of truancy. Judge Mobley was quoted as saying "Early prevention is the key. Truancy is a matter of catching the student immediately, dealing with the matter, and placing the kid back in school. . . . I think schools have got to do a lot more with programs to avoid truancy, I think the court's involvement should be as a last resort."
There was a January 17, 1991, article in the State which reported that Judge Mobley was upset about a breakdown in tracking truants in Fairfield County and met privately with the county's 9 member school board in an unusual attempt to resolve difficulties. The incident which apparently sparked Judge Mobley's concern was a hearing with two Fairfield Central High School students who had missed more than 40 school days by early January. Judge Mobley was upset because he believed he was hearing about the attendance problems after it was too late to help students.
Judge Mobley has been sued 4 times. He describes those matters as follows:
(a) In 1982, an action was filed in Federal Court, Hutchinson v. Mobley, Epps, and Dixon. It was an action by an inmate involving a sentence Judge Mobley imposed on him in a term of General Sessions Court. The action was dismissed.
(b) In 1994, an action was filed in Federal Court, Gene Taylor, Sheriff of Anderson County, in a class action v. Mobley, et al. as the Board of Commissioners on Judicial Standards. The action involved the confidentiality of matters pending before the Commission. An answer has been filed and motions are pending.
(c) Jones, et al. v. County of Lancaster was a case that involved a lawsuit against Lancaster County officials brought by survivors of a prisoner killed in a Lancaster County Jail fire. Judge Mobley was named as a member of County Council.
(d) Catawba Indians v. S.C. was a case in which Judge Mobley was named because of his position as a County Council member for Lancaster County. The case has been concluded.
Joint Committee's Finding: Qualified
Judge Morehead was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Morehead demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Morehead is an officer and director of the Page Nelson Keessee Memorial Scholarship Fund, Inc., which he described as an eleemosynary cooperation receiving donations and award scholarship to participants in the Palmetto Boys State program. He indicated that he receives no compensation for his service.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Morehead to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Judge Morehead has been appealed in 3 reported appellate decisions. He was affirmed in all 3 cases.
There was an article in the 11/22/93 edition of the State which described Judge Morehead's development of an 8-hour course entitled "Parents and Child Transitions." Florence and Horry counties require parents who divorce to attend this course in an effort to reduce the negative effects of divorce on children.
Judge Morehead was very active in college and law school activities. He was 17th in his law school class and was a member of the Order of Wig and Robe.
Judge Morehead has lectured at several CLE and other professional forums. The topics upon which he has lectured have included:
(a) business law (served as instructor at Francis Marion College); and
(b) family law issues such as financial declarations, bankruptcy, abuse and neglect actions, temporary hearings, and waiver hearings.
(3) Professional Experience:
Judge Morehead was admitted to the Bar in 1973. He then joined the law firm of Nelson, Mullins, Grier & Scarborough and remained there for 3 years focusing on defense litigations surrounding personal and property injuries, products liability, and workers' compensation. He formed the law firm of Swearingen & Morehead in 1976 and had a general practice doing both plaintiff and defense litigation in state, federal, and family court.
Judge Morehead was elected to the family court bench in 1985.
(4) Judicial Temperament:
The Joint Committee believes that Judge Morehead's temperament would be excellent.
(5) Diligence and Industry:
Judge Morehead was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Morehead is married with 2 grown children.
(6) Mental and Physical Capabilities:
Judge Morehead appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Morehead has managed his financial affairs responsibly.
(8) Public Service:
Judge Morehead served in the United States Army from 1968 to 1970.
Judge Morehead served as a Commissioner of Elections for the City of Florence from 1983 to 1985.
Judge Morehead has served as a family court judge since 1985. He is active in professional and community activities.
(9) Ethics:
Judge Morehead testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Morehead meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Morehead qualified and said:
He possesses intellect as evidenced by his law school academic achievements and comments of the Bar. He has ably served as a Family Court judge for ten years.
He is well-liked and respected by attorneys who appear before him, as well as other members of the community in which he lives.
Judge Morehead is generally considered to be fair in his rulings and enforcement of the court rules and is not influenced by the identity of parties or their attorneys.
While there was some criticism of his judicial temperament, the majority of those interviewed reported good judicial temperament and marked improvement during his tenure on the bench.
His character and integrity are not questioned.
Joint Committee's Finding: Qualified
Judge Murdock was screened on May 3, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Murdock demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Murdock owns 2 rental properties jointly with C. Gene Hardee. Judge Murdock indicated that he would recuse himself from any matter involving Mr. Hardee, a member of Mr. Hardee's family, or one of their tenants.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Murdock to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
There are no published appellate decisions in which Judge Murdock has been appealed.
Judge Murdock's last Martindale-Hubbell rating (1992) was BV.
A former client sought post-conviction relief against Judge Murdock in 1992. The relief sought was denied.
(3) Professional Experience:
Judge Murdock graduated from Presbyterian College in 1975. He was a teacher and coach at the Wardlaw Academy in Johnston, South Carolina from 1975 to 1976. He was a South Carolina Farm Bureau Insurance Agent from 1976 until his entrance into law school in 1980.
Judge Murdock began practicing with the firm of Shand & Stanton upon his admission to the Bar in 1983 and continued in this practice until his election to the family court bench in 1992. His practice consisted primarily of debt collection, real estate, and family court work with a small amount of personal injury and criminal practice. He estimated that he spent 50% of his time on domestic matters.
Judge Murdock served as the City Recorder for the Town of Hartsville from 1986 to 1992. He served as City Recorder for the Town of Timmonsville from 1989 to 1992. He also served as a special referee in a 1991 case involving a dispute about the ownership of some farm equipment.
Judge Murdock was elected to the family court bench in 1992. He provided the Joint Committee with 5 significant orders.
(4) Judicial Temperament:
The Joint Committee believes that Judge Murdock's temperament would be excellent.
(5) Diligence and Industry:
Judge Murdock was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Murdock is married with 2 children, ages 9 and 15.
(6) Mental and Physical Capabilities:
Judge Murdock appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Murdock has managed his financial affairs responsibly.
(8) Public Service:
Judge Murdock has served as a city recorder since 1986 and as a family court judge since 1992.
Judge Murdock is active in church, professional, and community affairs.
(9) Ethics:
Judge Murdock testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Murdock meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Murdock qualified and said:
He is described as both knowledgeable of the law and an excellent student of the law. His decisions are well reasoned, conscientious, and deliberate.
He brings to the bench an open mind and objective perspective. He is reported to be fair in his rulings and not influenced by the identity of parties or their attorneys.
Judge Murdock is described as cordial and accommodating to litigants and attorneys. He has an excellent judicial temperament.
His integrity and character were unquestioned.
Joint Committee's Finding: Qualified
Judge Myers was screened on May 5, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Myers demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Myers to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Myers has been appealed in 4 reported appellate decisions and reversed in whole or part in one of those matters.
Judge Myers took the S.C. bar exam twice.
Judge Myers has been a frequent lecturer at CLE and other professional forums.
Judge Myers' last Martindale-Hubbell rating (1983) was BV.
Judge Myers occasionally appears before church groups, schools, and other community groups to speak on the judicial system and family court.
(3) Professional Experience:
Judge Myers was admitted to the Bar in 1964.
Judge Myers was associated with the law firm of Lee & Moise from 1963 through 1966. He became a partner in the firm in 1967 and the name was changed to Lee, Moise & Myers. He entered private practice in 1980. Judge Myers was appointed as Master-in-Equity for Sumter County in 1983 and served in that capacity until election to the family court in 1984.
(4) Judicial Temperament:
The Joint Committee believes that Judge Myers' temperament would be excellent.
(5) Diligence and Industry:
Judge Myers was punctual and attentive in his dealings with the Joint Committee and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Myers is married with 3 adult children.
(6) Mental and Physical Capabilities:
Judge Myers appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Myers has managed his financial affairs responsibly.
(8) Public Service:
Judge Myers has been a family court judge since 1984.
Judge Myers served as the Master-in-Equity for Sumter County from 1983 to 1984.
Judge Myers served by appointment on the City of Sumter Planning Commission from 1964 to 1971. He also served as a member of the Sumter County Commission for Higher Education from 1982 to 1984.
(9) Ethics:
Judge Myers testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Myers meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Myers qualified and said:
He has served with distinction for eleven years.
He has demonstrated an excellent judicial temperament and treated litigants and attorneys who appear before him courteously.
Judge Myers is well-respected by his peers and attorneys for his promptness, diligence, and legal ability. He has been actively involved in Bar committee work related to family court issues. His knowledge and legal skills are perceived to be outstanding.
He is fair to litigants and displays no bias in favor of or against particular positions or litigants. His character, integrity, and reputation are outstanding.
Joint Committee's Finding: Qualified
Ms. Riddle was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Ms. Riddle demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Ms. Riddle's husband is an assistant solicitor in the 11th Circuit.
Ms. Riddle indicated that she would recuse herself from matters involving parties to litigation or clients of her current law firm. She said she would also recuse herself from all matters where a lawyer from her firm was or had been involved.
(2) Legal Knowledge and Ability:
The Joint Committee found Ms. Riddle to be intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
Ms. Riddle's Martindale-Hubbell rating is BV.
(3) Professional Experience:
Ms. Riddle described her legal experience as follows:
(a) 1988-Present Partner in the law firm of Kirkland, Dodson, Rush, and Riddle. Primarily involved in the representation of parties in divorce actions (including issues of equitable division of property, alimony, child custody, child support, and visitation), custody litigation, adoption proceedings, and child abuse and neglect matters. Also representing children in child custody cases as their attorney/guardian ad litem. Other areas handled include the preparation of wills, estate work, personal injury, workers' compensation, and criminal defense.
(b) Summer 1993 Special Assistant Solicitor, 5th Judicial Circuit. Prosecuted child abuse and neglect cases for DSS on a part-time basis. Duties included the preparation and trial of abuse and neglect cases against parents and other individuals accused of physical, emotional, educational, and sexual abuse or neglect of children.
(c) 1988-1990 Volunteer Guardian Ad Litem Project of Richland County. Represented abused and neglected children and their guardians in family court to ensure that the best interests of the children were protected and that all actions taken by DSS and other child protective agencies conformed to the law.
(d) 1986-1988 Associate in the law firm of Kirkland, Aaron, and Alley. Primary emphasis was on divorce, child custody, child support, visitation, and related matters. Other areas handled included the preparation of wills, estate work, personal injury, and criminal defense.
(e) 1985-1986 Family Court Solicitor for the 5th Circuit. Assistant Solicitor assigned exclusively to family court, handling all matters relating to the prosecution of juvenile criminal defendants and the prosecution of individuals accused of physical, emotional, and sexual abuse or neglect of children. Responsibilities included the preparation and trial of cases; decisions regarding the transfer of jurisdiction to General Sessions Court on serious, violent, or repeat offenders; trial of motions to transfer jurisdiction; trial of motions to detain juvenile defendants pending trial on serious, repeat, and violent offenses; and writing briefs and arguing appeals to the Court of General Sessions and the South Carolina Supreme Court.
(f) 1984-1985 Assistant Solicitor for the 5th Circuit. Prosecuted adult criminal defendants in General Sessions and magistrate's court. Responsibilities included the preparation and trial of cases, interviewing witnesses, drafting and arguing legal motions, formulating plea agreements, preparation of indictments, and advising local law enforcement agencies regarding legal issues, charging decisions, and collection of evidence.
Ms. Riddle said that over the past 5 years she has appeared in state court on a daily basis. She estimated that her practice over the past 5 years has been 90% domestic, 5% civil, and 5% criminal.
Ms. Riddle provided the Joint Committee with 5 of her most significant legal matters which she described as follows:
(a) Shuler v. Shuler: This was a contested divorce case in which Ms. Riddle represented one of the parties. The most significant issues in this case were purely economic. The couple had amassed more that $75,000 in personal debt on 45 different credit cards and loan accounts. In addition, the marital residence was titled in the husband's father's name, though both husband and wife had contributed to the equity in it. The contested issues involved the setting of alimony, the distribution of the marital debt, the distribution of the equity in the home, and the interrelation between these economic factors.
(b) Coker v. Coker: This was a contested child custody case involving 2 children, ages 8 and 5. Ms. Riddle was the children's guardian ad litem. One parent had engaged in several adulterous affairs without the children knowing. The other parent, upon learning of the affairs, told the children. The most significant issues involved was the determination of which of these actions was the most detrimental to the children and of the impact of these actions on each parent's fitness in the custody determination.
(c) In re Dawkins: This was a DSS case involving allegations of physical and sexual abuse on a hearing-impaired teenage girl. The alleged perpetrator was the child's mother. Ms. Riddle represented the guardian ad litem and ultimately the child's best interests. The teenage girl was so attached to her mother as a result of her handicap that she wanted to live with her mother despite the abuse. This resulted in considerable reluctance on the child's part to assist the State in proving the abuse. The entire case had to be tried through the use of an interpreter.
(d) Berger v. Miller: Ms. Riddle represented a mother attempting to show a material and substantial change in circumstances that would warrant a change in the previously ordered custody provisions. The factors involved included the child's poor performance in school, the father's exposure of the child to his adulterous affairs, verbal abuse by the father, and the allegedly questionable religious affiliations of the mother.
(e) State v. Napoleon Goodson IV: This case involved the murder of a young man by a 16-year old juvenile. Ms. Riddle was the assistant solicitor assigned to the case. A motion was heard by the family court requesting that the case be waived to the Court of General Sessions and that the juvenile be tried as an adult. The motion was denied and an appeal was brought in circuit court. The juvenile filed a writ of supersedeas in the Supreme Court asserting that the State's appeal should be dismissed. The writ was denied. The appeal was then heard in the circuit court and the court asserted jurisdiction. The juvenile was then tried as an adult and was ultimately convicted of voluntary manslaughter.
Ms. Riddle has handled only 1 appeal, the State v. Napoleon Goodson IV matter discussed above.
(4) Judicial Temperament:
The Joint Committee believes that Ms. Riddle's temperament would be excellent.
(5) Diligence and Industry:
Ms. Riddle was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
Ms. Riddle is married with 3 sons, ages 7, 5, and 3.
(6) Mental and Physical Capabilities:
Ms. Riddle appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Ms. Riddle has managed her financial affairs responsibly.
(8) Public Service:
Ms. Riddle ran unsuccessfully for the family court bench in 1994.
(9) Ethics:
Ms. Riddle reported on her application that her campaign expenditures have totaled $91.04.
Ms. Riddle testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Ms. Riddle meets the constitutional and statutory requirements for the office she seeks.
The Bar found Ms. Riddle qualified and said:
She is a family court practitioner who has handled all aspects of work in that court. She has extensive knowledge in the subject matters addressed by Family Court.
She has an excellent reputation for truthfulness, character, and diligence.
Ms. Riddle is perceived to possess the demeanor and temperament necessary for the bench.
She would be fair and impartial to lawyers and litigants.
Joint Committee's Finding: Not Qualified
See the reports of the majority and minority attached.
Joint Committee's Finding: Qualified
Judge Saunders was screened on May 5, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Saunders demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Saunders to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Saunders has never been appealed in a reported appellate decision.
Judge Saunders' last Martindale-Hubbell rating (1994) was AV.
Judge Saunders did not provide the Joint Committee with 5 of his most significant orders or opinions because he has only been on the bench since 1994.
(3) Professional Experience:
Judge Saunders was admitted to the Bar in 1968. He was a solo practitioner from that time up until his election to the Family Court bench in 1994. He also served as City Attorney for the City of Laurens from 1972 to 1992. He represented the Commission of Public Works as counsel from 1993 to 1994. His practice over the years was general and included civil, criminal, domestic, and administrative law in state and federal courts.
Judge Saunders was employed as a police officer for approximately 3 1/2 years from 1962 to 1965 while attending Presbyterian College.
(4) Judicial Temperament:
The Joint Committee believes that Judge Saunders' temperament would be excellent.
(5) Diligence and Industry:
Judge Saunders was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Saunders is married and is the father of daughters.
(6) Mental and Physical Capabilities:
Judge Saunders appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Saunders has managed his financial affairs responsibly.
(8) Public Service:
Judge Saunders has been a family court judge since 1994.
Judge Saunders was the City Attorney for the City of Laurens from 1972 to 1992. He served as counsel to the Commission of Public Works in Laurens from 1993 to 1994.
Judge Saunders is active in his church and community activities.
(9) Ethics:
Judge Saunders testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Saunders meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Saunders qualified and said:
His competence and knowledge of the law in this area were unquestioned.
His style of holding court is more formal than most judges. Many perceive this as an asset as it shows respect for the litigants.
Judge Saunders has an excellent judicial temperament. He treats attorneys and litigants with courtesy.
Joint Committee's Finding: Qualified
Judge Sawyer was screened on May 5, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Sawyer demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Sawyer serves as an officer and director of Hallman-Scott, Inc., a non-profit corporation chartered by the State of South Carolina. The corporation provides financial assistance to deserving students who live in the Ridge Spring-Monetta school district.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Sawyer to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Sawyer has never been appealed in a reported appellate decision.
Judge Sawyer lectured to the newly elected family court judges at their orientation seminar in 1994.
Judge Sawyer's last Martindale-Hubbell rating (1992) was AV.
Judge Sawyer was named as a defendant in a lawsuit involving his services as the attorney for the Town of Batesburg. The action was dismissed by a favorable summary judgment ruling.
(3) Professional Experience:
Judge Sawyer was admitted to the Bar in 1974.
Judge Sawyer was engaged in the general practice of law from 1974 to 1976. He became a partner in the general practice of law with Billy C. Coleman from 1976 to 1992.
Judge Sawyer served as a Saluda County magistrate from 1974 to 1979. During that time, he served as Chief Magistrate for Saluda County.
In 1975, Judge Sawyer was appointed by the Town Council to serve as Municipal Court Judge for the Town of Batesburg. He served in that capacity until 1982.
(4) Judicial Temperament:
The Joint Committee believes that Judge Sawyer's temperament would be excellent.
(5) Diligence and Industry:
Judge Sawyer was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Sawyer is married with 3 children, ages 15, 13, and 6.
(6) Mental and Physical Capabilities:
Judge Sawyer appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Sawyer has managed his financial affairs responsibly.
(8) Public Service:
Judge Sawyer has been a member of the bench since 1992.
Judge Sawyer was a member of the S.C. Air National Guard from 1970 to 1976.
Judge Sawyer was elected as Mayor of Ridge Spring in 1983 and was re-elected in 1985, 1987, 1989, and 1991.
Judge Sawyer is active in church and community activities.
Judge Sawyer has been the recipient of several awards including:
(1) The Order of the Palmetto (1985); and
(2) Commended by resolution of the House of Representatives for community service (1985).
(9) Ethics:
Judge Sawyer testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Sawyer meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Sawyer qualified and said:
Lawyers that practiced before him were impressed with the efficiency and decorum of his court and feel that he has done an excellent job.
An overwhelming majority of the members of the Bar contacted respect Judge Sawyer for his legal skills, impartiality, judicial temperament, and promptness and industry in his work.
His character, integrity, and reputation are considered excellent.
Joint Committee's Finding: Qualified
Mr. Smoak was screened on May 9, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Smoak demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Mr. Smoak is an officer and a 25% owner in the Palmetto Boarding Home, Inc., a residential care facility.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Smoak to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Smoak is not rated in Martindale-Hubbell.
(3) Professional Experience:
Mr. Smoak taught the following paralegal courses for the Technical College of the Low Country:
(a) Estates;
(b) Family Law;
(c) Legal Bibliography;
(d) Litigation; and
(e) Torts.
Mr. Smoak described his legal experience as follows:
(a) 1983 Law clerk for the Honorable William T. Howell
(b) 1984-Present General practice with majority of work in Family Court
1984-1993 and
1995-Present Prosecutor for child abuse and neglect cases for the Department of Social Services
1984-Present Public Defender for the City of Walterboro
1993-Present Conflict attorney for Colleton County Public Defender (including juveniles)
Mr. Smoak estimated that over the last five years, he has appeared in federal court approximately 5 times and in state court approximately 250 times.
Mr. Smoak estimated that over the past five years, his practice has been 15% civil, 25% criminal, and 60% domestic.
Mr. Smoak provided the Joint Committee with 5 of his significant litigated matters. Those matters included:
(a) D.S.S. v. Johnson: This case was significant because it dealt with expert opinion testimony and burden of proof in neglect cases.
(b) Hiott v. Nolind: This case was significant because it hinged on efforts of a disabled natural mother to get custody or unsupervised visitation of her small child.
(c) Hughes v. Hughes: This case was significant because the father was granted custody of the minor children based on the best interests the minor children.
(d) D.S.S. v. New Bethany School for Boys: This case was significant because it received national attention and press on allegations of abuse at the school.
(e) Estate of Myers: This case was significant because the wife had to prove common-law marriage to inherit from her deceased husband.
Mr. Smoak has handled one domestic appeal. It was the D.S.S. v. Johnson matter discussed above.
Mr. Smoak estimated that he serves as a special referee and arbitration judge approximately three times per year.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Smoak's temperament would be excellent.
(5) Diligence and Industry:
Mr. Smoak was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Smoak is married with two children, ages 8 and 18 months.
(6) Mental and Physical Capabilities:
Mr. Smoak appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Smoak has managed his financial affairs responsibly.
(8) Public Service:
Mr. Smoak ran unsuccessfully for the Family Court in 1994.
Mr. Smoak has been active in professional and civic activities.
(9) Ethics:
Mr. Smoak reported on his application materials that his campaign expenditures have totaled $57.40.
Mr. Smoak testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Smoak meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Smoak qualified and said:
He has practiced law predominately in domestic relations law for the past twelve years. He is considered by his peers to be an able and competent attorney in the Family Court.
He is an industrious person and a hard worker.
Mr. Smoak enjoys a good reputation in the local community as an honest and straight-forward person.
He is thought to have a good temperament. Members of the Bar feel that he would be an asset to the Family Court bench.
Joint Committee's Finding: Qualified
Judge Turbeville was screened on May 5, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Turbeville demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Judge Turbeville reported that he disqualifies himself from matters he or a member of his law firm worked on while Judge Turbeville was a practicing lawyer. He said that in new matters handled by the firm about which he knows nothing, he discloses his prior relationship with the firm on the record and unless the parties agree that his prior relationship with the firm is immaterial, he disqualifies himself.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Turbeville to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
There are no published appellate decisions in which Judge Turbeville has been appealed.
Judge Turbeville's last Martindale-Hubbell rating (1992) was BV.
(3) Professional Experience:
Judge Turbeville graduated from Wofford College with a B.A. in 1966. He received his Master's Degree in Divinity from Emory University in 1969 and his law degree from U.S.C. in 1977. Judge Turbeville worked as a Methodist minister during law school.
Judge Turbeville practiced with the firm of Land, Turbeville, Parker & Reaves from 1977 to 1992. His practice included domestic relations, personal injury, workers' compensation, real estate, and probate matters.
Judge Turbeville was elected to the family court bench in 1992. He provided the Joint Committee with 5 of his most significant orders.
(4) Judicial Temperament:
The Joint Committee believes that Judge Turbeville's temperament would be excellent.
(5) Diligence and Industry:
Judge Turbeville was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Turbeville is divorced with 2 adult children.
(6) Mental and Physical Capabilities:
Judge Turbeville appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Turbeville has managed his financial affairs responsibly.
(8) Public Service:
Judge Turbeville was elected to the family court bench in 1992.
Judge Turbeville is active in church and Bar activities.
(9) Ethics:
Judge Turbeville testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Turbeville meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Turbeville qualified and said:
He is considered to be intelligent with an excellent command of the law.
Judge Turbeville is fair to both sides and willing to rule on difficult issues.
The majority of those interviewed felt he was courteous, had good judicial decorum in the courtroom and was a person of very high integrity. He is sincerely interested in the juveniles who appear in his court.
He has good docket control and is well-respected by his peers.
Joint Committee's Finding: Qualified
Judge Watson was screened on May 8, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Watson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Watson to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Watson has been appealed in 14 reported opinions and has been reversed in 5 of those matters.
There is a letter to the editor in the September 20, 1989, edition of the State in which a psychologist who had worked for the Orangeburg Area Mental Health Center for 7 1/2 years praised Judge Watson for "consistently demanding accountability from individual DSS case workers, as well as their supervisors."
(3) Professional Experience:
Judge Watson was admitted to the S.C. Bar in 1967.
Judge Watson described his legal experience as follows:
(a) 1967-1970 Mayfield & Watson
(b) 1970-1974 Fogle & Watson
(c) 1974-1975 Private practice
(d) 1973-1975 Part-time Family Court Judge
(e) 1975-1977 Full time Family Court Judge
(f) 1977-Present Family Court Judge, 1st Circuit
(4) Judicial Temperament:
The Joint Committee believes that Judge Watson's temperament would be excellent.
(5) Diligence and Industry:
Judge Watson was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Watson is married with three adult children.
(6) Mental and Physical Capabilities:
Judge Watson appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Watson has managed his financial affairs responsibly.
(8) Public Service:
Judge Watson has been a member of the family court bench since 1977.
Judge Watson served in the United States Air Force from 1958-1962.
(9) Ethics:
Judge Watson testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Watson meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Watson qualified and said:
He has an admirable record of more than twenty years as a Family Court judge.
He is courteous and respectful to lawyers, litigants, and witnesses.
Judge Watson works hard, is punctual and is prompt in making decisions.
He is considered to be fair-minded and patient. He has excellent judicial temperament.
Joint Committee's Finding: Qualified
Mr. Williams was screened on May 9, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Williams demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Mr. Williams is employed by Americall Corporation as an agent to sell long-distance service. He indicated that he is associated with other lawyers through Americall and that he would resolve any potential conflict of interest with these attorneys by resigning from Americall.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Williams to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Mr. Williams' Martindale-Hubbell rating is BV.
Mr. Williams was named as a defendant creditor in a foreclosure action because of a family court order awarding him attorney's fees to be paid by defendant/debtor.
(3) Professional Experience:
Mr. Williams describes his practice since graduation from law school in 1982 as a general practice of law with a primary emphasis on family law and personal injury law. Mr. Williams has been a part-time municipal judge for the City of Irmo since 1991.
Mr. Williams estimated that he appears in federal court infrequently and in state court weekly. He said that his state court appearances are primarily in Family Court.
Mr. Williams estimated that his practice over the last five years has been 35% civil, 5% criminal, and 60% domestic.
Mr. Williams provided the Joint Committee with a list of five of his most significant matters. He described those matter as follows:
(a) Melvin v. Melvin: Long-term marriage involving issues of contested divorce and equitable distribution including military retirement.
(b) Inman v. Inman: A custody case involving a mother who moved out of state. The mother retained custody, but she had to return to South Carolina.
(c) Oswald v. Oswald: A contested domestic action involving child support, visitation, equitable distribution, and attorney's fees. This case was significant in that it involved domestic issues and private domestic actions.
(d) Jackson v. Jackson: A domestic case tried for mother, seeking custody and visitation, who had in prior years given up custody and visitation with her children. Custody was obtained for the mother.
(e) Bullard v. Ehrhardt: This case established the duty of a store owner to invitees for the criminal actions of third parties in negligence actions.
Mr. Williams provided the Joint Committee with a list of four civil appeals he has handled. Three of the appeals listed appear to have been domestic matters and one was the Bullard v. Ehrhardt matter discussed above.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Williams' temperament would be excellent.
(5) Diligence and Industry:
Mr. Williams was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Williams is married with children, ages 7 and 3.
(6) Mental and Physical Capabilities:
Mr. Williams appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Williams has managed his financial affairs responsibly.
(8) Public Service:
Mr. Williams ran unsuccessfully for the Family Court in 1994.
Mr. Williams is active in professional and civic activities.
(9) Ethics:
Mr. Williams was employed as a lobbyist in 1990 by the S.C. Society of Opthamologists and the S.C. Funeral Director's Association.
Mr. Williams reported on his application materials that his campaign expenditures have totaled $82.56.
Mr. Williams testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Williams meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Williams qualified and said:
His practice is primarily in family law, and he is perceived to be competent in the area.
He presently serves as a city judge and has an excellent reputation for that service.
Judge Williams is considered courteous, truthful, conscientious, and diligent. It is believed he would have excellent temperament on the Family Court bench.
He is perceived to be fair and impartial on the bench.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Rep. F. Greg Delleney, Jr., Vice-Chairman
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Senator John R. Russell
/s/Rep. Paula H. Thomas
/s/Rep. Ralph W. Canty
/s/Rep. W. Douglas Smith
Joint Committee's Finding: Four members voted to find Judge Charles qualified and four members voted to find Judge Charles not qualified.
Judge Charles was screened on May 11, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
See the attached reports of the majority and minority.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Charles to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Charles has been appealed in 5 reported appellate decisions and was reversed, in whole or in part, in 2 of those matters.
(3) Professional Experience:
Judge Charles was admitted to the Bar in 1949.
Judge Charles practiced with the firm of Charles & Charles from 1949 to 1971. He was engaged in the general practice of law, particularly civil, criminal, tort, and real estate law. Judge Charles was the city attorney for the City of Greenwood from 1961 to 1983. From 1971 to 1975, Judge Charles was a sole practitioner engaged in the practice of civil, criminal, real estate, and family law. Judge Charles practiced with the firm of Charles, Charles & Scurry from 1975 to 1983. He was elected to the Family Court bench in 1983.
(4) Judicial Temperament:
The Joint Committee believes that Judge Charles' temperament would be excellent.
(5) Diligence and Industry:
Judge Charles was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Charles is married with 3 adult children.
(6) Mental and Physical Capabilities:
Judge Charles appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Charles has managed his financial affairs responsibly.
(8) Public Service:
Judge Charles has been a member of the Family Court since 1984.
Judge Charles was a member of the United States Marine Corps from 1943 to 1946.
(9) Ethics:
Judge Charles testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Charles meets the constitutional and statutory requirements for the office he seeks.
Judge Charles has been sued twice. The first matter was in 1984, Brown v. Charles, and was an action for reimbursement of expenses paid by the City of Greenwood on his behalf as city attorney. Judge Charles incurred the expenses in meetings of the S.C. Municipal Association and other related city activities. The suit was dismissed with prejudice. Judge Charles indicated that the plaintiff had a history of filing law suits against public officials, and the court admonished him on the record for bringing this and other frivolous actions.
The second action was 1990, Potts v. C. Price, Clerk of Family Court and the Chief Judge of Family Court, and was an action which in which the plaintiff contended that she was denied due process in that the defendant failed to file her summons and complaint for a divorce. Judge Charles had made a determination that the Family Court did not have jurisdiction, that the plaintiff had not been a resident of S.C. for the required period. He had instructed the Clerk to write the plaintiff and inform her of the jurisdictional problem and return her filing fee. This matter was dismissed on motion for summary judgment.
The Bar found Judge Charles qualified and said:
He has considerable experience in the judicial system having served as Family Court judge for approximately twelve years.
He is respected by an overwhelming majority of the members of the Bar contacted for his legal skills, impartiality, judicial temperament, and promptness and industry in his work.
Lawyers practicing before Judge Charles felt he ran an efficient court and was described by many as a no-nonsense judge.
His character, integrity, and reputation are considered excellent.
The Joint Committee was contacted by a witness who wished to testify in opposition to Judge Charles' re-election. A Joint Committee staff person contacted Judge Charles as per the Joint Committee's rules to inform him of the witness' desire to testify against him. Judge Charles then contacted the witness' attorney whom he knew would discourage her from testifying. In his testimony before the Joint Committee, Judge Charles admitted contacting the witness' attorney and did not appear to believe that his conduct was improper.
We believe that Judge Charles' conduct was inexcusable. Judge Charles attempted to protect himself by intimidating a witness. Such behavior is repugnant, particularly when the conduct is by a member of the judiciary. Judge Charles admitted on the record that he contacted the witness' attorney and said "It's my decision when my neck's on the line." We believe that this matter is of such a serious nature that we cannot in good conscience find Judge Charles qualified for further service on the bench.
The judicial screening process depends on witnesses being able to appear before the Joint Committee without fear of reprisal or intimidation or being subject to chilling influences. Interference with witnesses strikes at the heart of this process, and judges should be held to the highest standards in this regard.
VOTING AGAINST CANDIDATE:
/s/Senator Glenn F. McConnell, Chairman
/s/Senator John R. Russell
/s/Rep. F. Greg Delleney, Jr., Vice-Chairman
/s/Rep. W. Douglas Smith
Judge Charles has had a long record of service on the bench and has served with distinction. Judge Charles may have acted improperly in contacting the witness' attorney, but he was honest and forthright about having made the contact and this was one isolated incident which should not disqualify him from further service on the bench.
VOTING IN SUPPORT OF CANDIDATE:
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Rep. Paula H. Thomas
/s/Rep. Ralph W. Canty
Joint Committee's Finding: Not Qualified
Judge Rogers was screened on May 11, 12, and 16, 1995, after a thorough investigation. The majority's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The input the Joint Committee received from the public and from members of the Bar was very divided. Some individuals reported that Judge Rogers' integrity and impartiality are excellent, but the Joint Committee received evidence that Judge Rogers is at times arrogant and attempts to intimidate people by using the power and prestige of her office.
The majority is particularly concerned by evidence of a situation in which Judge Rogers attempted to use her judicial office to intimidate her former secretary. The majority believes that Judge Rogers threatened to issue a bench warrant for the arrest of her former secretary after the secretary took another job. The majority is aware of inconsistencies in the testimony on this issue, particularly with respect to when telephone calls were made, how many telephone calls were made, and whether the secretary had given Judge Rogers notice of her intent to resign, but the majority believes that these inconsistencies were not material and actually help to corroborate the secretary and her employer because they tend to indicate that the witnesses had not rehearsed their testimony. The secretary and her employer were subpoenaed late at night to immediately appear before the Joint Committee, had not previously contacted the Joint Committee, and reluctantly testified. Their testimony was corroborated by a family court judge and several other witnesses who appeared only after being subpoenaed. For these and other reasons, the majority believes that Judge Rogers threatened to issue a bench warrant for the secretary's arrest and was not truthful about this issue in her testimony under oath before the Joint Committee. The majority believes that they cannot, in view of the evidence, find a judge who abused her power and did not tell the truth under oath to the General Assembly's screening committee qualified for further service on the bench.
The majority was also very troubled by testimony that Judge Rogers issued an invalid subpoena to Southern Bell and then attempted to intimidate a Southern Bell employee into complying with the subpoena. Southern Bell's custodian of records testified that she was served with a subpoena duces tecum which Judge Rogers had signed and which attempted to compel her to produce the records of incoming local telephone calls to Judge Rogers' residence. The custodian of records contacted Judge Rogers about the subpoena because she believed it to be invalid. The custodian of records testified that Judge Rogers' tone was harsh and that Judge Rogers used her judicial office in an attempt to intimidate the custodian of records into complying with an invalid subpoena. Judge Rogers admitted issuing the subpoena, but said she did so at the suggestion of a Southern Bell employee whom she could not name. Judge Rogers denied attempting to intimidate the custodian of records. The majority is troubled by this incident because it believes that Judge Rogers abused her judicial power by issuing the subpoena and, most importantly, by attempting to intimidate the custodian of records.
(2) Legal Knowledge and Ability:
The majority believes that Judge Rogers is intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
Judge Rogers' record on appeal since her election in 1991 has been good as she has been appealed in two reported appellate decisions and was affirmed in both of those matters. She was, however, reversed in several unreported appellate decisions. These matters concern the majority as they dealt with situations in which the appellate court believed that Judge Rogers improperly incarcerated juveniles. In June of 1992 the Supreme Court granted a habeas corpus petition in the matter of In re Christopher B. in part because Judge Rogers had ordered a 17-year old confined to DYS custody for a status offense. In this matter the status offense was truancy and the minor had been charged with only one such offense. In March of 1993, Judge Rogers' order in In re Stacey R. incarcerating a 15-year old female for incorrigibility was vacated by a per curiam order of the Supreme Court. The court stated that it must "again remind family court judges that mere status offenders are not to be placed in detention facilities." In April of 1994 in In re Beatrice N., the Supreme Court issued another per curiam order reversing Judge Rogers' detention of a 15 year old female for a status offense, this time for the offenses of incorrigibility and truancy. The majority understand that judges make mistakes of law and are reversed from time-to-time, but the majority is troubled that Judge Rogers has been repeatedly reversed on the very important issue of when juveniles are to be incarcerated.
(3) Professional Experience:
Judge Rogers was admitted to the Bar in 1983. She described her legal experience as follows:
(a) 1982-1985 Fifth Circuit Assistant Solicitor. Tried cases in both Family and General Sessions Court.
(b) 1985-1991 Assistant Chief counsel, S.C. Highway Department. Judge Rogers did some criminal work, but the main focus of her practice was in civil litigation, workers' compensation, and appellate practice.
(c) 1991-Present Family Court Judge, Fifth Judicial Circuit
Judge Rogers had little family court experience prior to her election to the bench in 1991. She testified that she attempted to compensate for that lack of experience by studying the law and attending CLE forums.
(4) Judicial Temperament:
The majority believes that Judge Rogers is capable of exhibiting good judicial temperament and often does so. The majority also believes, however, that Judge Rogers tends to lose her temper and sometimes treats individuals who appear before her very poorly. The majority believes that judges should be stern and that it is often appropriate for a family court judge to be firm with litigants and lawyers in the courtroom. However, the majority believes that Judge Rogers' demeanor can be imperious instead of merely stern.
(5) Diligence and Industry:
Judge Rogers testified that she was late and had to take frequent breaks during the period in which she was pregnant and nursing her child. Others, including courtroom personnel, litigants, lawyers, family court judges, and witnesses who testified on Judge Rogers' behalf, testified that she was frequently very late in the morning and returning from lunch and from breaks. The majority is not persuaded by the excuses Judge Rogers offered for her tardiness. The majority also believes, on the basis of testimony from a retired family court judge and other evidence, that the problem was not confined strictly to that time period during which Judge Rogers was pregnant and nursing. The majority views such problems of punctuality as very serious because they demonstrate a lack of respect for litigants, lawyers, and other courtroom participants.
The majority is also very concerned about evidence that Judge Rogers does not pay attention to affidavits and other documents she is to consider. The majority was moved by the testimony of one father who appeared before Judge Rogers in a custody matter. The father and his attorney testified that they submitted affidavits for Judge Rogers to consider, but the lengthy affidavits were clocked-in at 8:59 a.m. and the hearing began at 9:00 a.m. Judge Rogers testified that she had read the affidavits, but was concerned that the father did not understand that she had done so. Judge Rogers testified that she learned from this incident and would be more careful to ensure that litigants understood she had read their materials. The majority appreciates Judge Rogers' testimony on this issue, but is not convinced that Judge Rogers could have read the affidavits under the circumstances of this case. Furthermore, there was also testimony about another matter in which Judge Rogers asked a couple if they could be reconciled when they had been divorced for many years. The majority believes that Judge Rogers' failure to read materials presented for her consideration is further evidence of her lack of respect for litigants and lawyers and a very serious failure in her performance on the bench.
In the early period of Judge Rogers' service on the bench, she was slow in the production of orders and in one situation did not report all the matters she had under advisement to Court Administration as judges are required to do. The majority is troubled by Judge Rogers' problems in this regard, but believes that she has improved in this area.
(6) Mental and Physical Capabilities:
Judge Rogers appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status.
(8) Public Service:
Judge Rogers has been a Family Court Judge since 1991.
Judge Rogers was very active in undergraduate and law school activities.
Judge Rogers is very active in professional and community activities. She has been the recipient of several awards including:
(a) ABA "Outstanding Young Jurist" (1994);
(b) U.S.C. 1994 Distinguished Black Alumni;
(c) Woman of Achievement, S.C. Commission on Women (1992); and
(d) University of South Carolina's 1992 Distinguished Young Alumni.
(9) Ethics:
Judge Rogers reported on her application materials that she has spent $1,395.22 on her campaign.
Judge Rogers testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Rogers meets the constitutional and statutory requirements for the offices she seeks.
While the Bar found Judge Rogers qualified, it noted a number of concerns. The Bar's report is as follows:
Most of those interviewed feel that she is of good character and integrity.
Opinions as to the extent of her knowledge of the law were mixed. Initially, Judge Rogers had very little experience in Family Court. Of grave concern were a series of incarcerations of status offenders. It is generally conceded that she has improved in her knowledge of the law.
Concerns were expressed by some of those interviewed as to her judicial temperament. Some lawyers felt that she was fair and courteous; others felt that she was discourteous to both lawyers and litigants.
The greatest number of concerns were expressed about her consistent failure to be on the bench when court was scheduled to start (usually being very late) and her frequent absences from the bench during times when matters were scheduled. This behavior is perceived as disrespectful of litigants, witnesses, and lawyers (particularly because explanations were not offered) and is disruptive to efficient disposition of matters and movement of the docket. It was described by some as a failure to manage her courtroom.
Numerous concerns were expressed as to her tardiness in deciding cases and producing orders. In one instance the South Carolina Supreme Court ordered her to file an order in a case; Judge Rogers complied immediately.
There was testimony that Judge Rogers has been the victim of a conspiracy to defeat her bid for re-election, but these allegations lacked specificity and substance and the majority found no evidence of such a conspiracy. There were certainly conversations among members of the Bar and public about Judge Rogers' qualifications for judicial office. Such conversations do not constitute a conspiracy, however, because they do not involve plans for illegal or improper activity.
The majority feels that Judge Rogers is not the first judge to be tardy, late with matters under advisement, or to have lost her temper and acted imprudently. However, in its collective memory, the majority has no recollection of any candidate who when confronted with a substantial body of evidence in contradiction, including testimony from a number of disinterested witnesses, either always shifted the blame or failed to account for her own behavior. This presents problems to a committee called upon to administer oaths and prepare accurate accounts of qualifications, and the majority believes that such behavior is repugnant to public service in general and service on the bench or as a role model in particular. Based on the totality of the circumstances, including the evidence herein, the admissions, and the veracity of Judge Rogers under oath, the majority has no option other than to find her not qualified and to reopen the Joint Committee's process for the acceptance of applications.
MAJORITY REPORT:
/s/Senator Glenn F. McConnell, Chairman
/s/Senator John R. Russell
/s/Rep. F. Greg Delleney, Jr., Vice-Chairman
/s/Rep. Paula H. Thomas
/s/Rep. W. Douglas Smith
We, the undersigned minority of the Judicial Screening Committee, would find that Judge Abigail R. Rogers is qualified for continued service on the Family Court bench for the Fifth Judicial Circuit. While we are concerned by testimony that she has not always been punctual in her service on the bench, we are not prepared to find her unqualified on this issue as lack of punctuality plagues many of the members of the bench as a whole. In view of the majority's insistence on Judge Rogers' adherence to punctuality, we would expect the Committee, as a whole, to insist upon punctuality of all judges who will be screened in the future, and by copy of our opinion, serve notice upon members of the bench that punctuality is expected of all judges. We are also aware of testimony given to the Committee that at times Judge Rogers appeared to make decisions without benefit or resort to pleadings or affidavits filed with her court. In our opinion, we would find that this seeming lack of attention is more a matter of appearance than reality, and would encourage all judges to ensure that litigants understand that the court has given their cases careful attention, whether such attention is given in the courtroom or in chambers. The majority of the Committee appear to be most troubled by inconsistencies in Judge Rogers' testimony and testimony of those who alleged that she threatened arrest and/or service of a bench warrant if her former secretary did not return to her employ. We would find that many of the witnesses who testified before the Committee have diminished recollections of events which occurred nearly two years ago. We also would find that many of these witnesses appeared to have interconnecting interests which leads us to believe that their testimony was geared more toward unseating Judge Rogers than assisting the Committee in determining a true account of what occurred two years ago.
Each of us has wrangled with the substantial amount of testimony presented to the Committee on the number of issues presented regarding Judge Rogers' qualifications. In our opinion, Judge Rogers' tremendous talents and proven success in dealing with our state's substantial juvenile delinquency and justice problems deserve recognition. In view of this and of the lack of any clear evidence of misconduct on her part, we would, therefore, find her qualified.
MINORITY REPORT:
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Rep. Ralph W. Canty
The following was received.
Columbia, S.C., May 18, 1995
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. 533:
S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 18, 1995
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. 703:
S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Initial Appointment, State Ethics Commission, with term to commence June 30, 1995, and to expire June 30, 2000:
At-Large:
Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Adriene B. Wright
Very respectfully,
President
Received as information.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 844 -- Senators McConnell, Passailaigue, Rose and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO DIRECT THE GENERAL SERVICES ADMINISTRATION TO TRANSFER OWNERSHIP OF THE REMAINS OF THE ATTACK SUBMARINE THE HUNLEY TO THE STATE OF SOUTH CAROLINA FOR ENSHRINEMENT AT THE NAVAL MARINE MUSEUM IN PATRIOT'S POINT, SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.
Ordered for consideration tomorrow.
The Senate returned to the House with amendments the following:
S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
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 returned to the House with amendments the following:
S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
Rep. McTEER 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 returned to the House with amendments the following:
S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES REDUCED RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED REDUCED RATES OF THAT PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES.
Rep. CATO 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 returned to the House with amendments the following:
S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.
Rep. ROBINSON 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.
On motion of Rep. HARRISON the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
On motion of Rep. McELVEEN, with unanimous consent, the following was taken up for immediate consideration:
H. 4236 -- Rep. McElveen: A HOUSE RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL BOYS' TRACK TEAM UPON WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP AND TO ALLOW THE TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 24, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the members of the House of Representatives are delighted to learn the Sumter High School Boys' Track Team recently won the 1995 Class AAAA State Championship; and
Whereas, for the second time in three years the Gamecocks have captured the Class AAAA State Championship; and
Whereas, they also tied for third place in the 1994 State Championship and placed second in the 1995 Reebok/Taco Bell Southeast Regional Meet; and
Whereas, led by Head Coach Rutledge Dingle, Assistant Coach Steve Robinson (horizontal jumping), and Assistant Coach Karen Kirkpatrick (distance runners) are to be commended for their outstanding contributions; and
Whereas, during the eliminations for this year's state championship, the Sumter High School Track Team's diligent efforts throughout the season paid off by qualifying for every event, other than the 3200 meter run; and
Whereas, each member of the team contributed to its overwhelming success, and individuals who earned points at the State Meet deserve special mention: Eddie Neufville - 1st, 110 m hurdles (14.1) and 1st, 400 m hurdles (53.02-State Record); Garon Jackson - 1st, 1600 m (4:22) and 1st, 800 m (1:56.2); Kenny Franklin - 1st, Long Jump (23' 10"), 2nd, Triple Jump, and 2nd, 200 m; Corey Richardson - 1st, High Jump (6' 7"); Cleveland Pinckney - 2nd, Shot Put and 2nd, Discus; Mike Seth - 2nd, 100 m; Danny Dollar - 3rd, Pole Vault; Antrone Williams - 5th, Discus; Jay Howle - 5th, 800 m; Joe Silva - 5th, 400 m; and Melvin Savoy, Mike Seth, Isaac Van Buren, Glenn Young, David Hudson, and Eddie Neufville - 3rd, 4 x 100 Relay.
Whereas, Eddie Neufville's performance in the 400 meter hurdles is one to be remembered as he turned in the second fastest time in the United States this year; and
Whereas, Kenny Franklin's performance in the long jump earned him the fourth best jump in the United States this year; and
Whereas, the many honors received by the Gamecocks and their incredible success is the result of their hard work, dedication, and desire to win; and
Whereas, the Boys' Track Team, by capturing this State Championship, has brought honor and distinction not only to the students, faculty, and staff of Sumter High School, but also to Sumter County and the Palmetto State. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, commend and congratulate the Sumter High School Boys' Track Team and its coaches on winning the 1995 Class AAAA State Championship.
Be it further resolved that the Sumter High School Boys' Track Team and its coaches be extended the privilege of the floor of the House of Representatives on Wednesday, May 24, 1995, at a time to be determined by the Speaker for the purpose of being recognized on winning the 1995 Class AAAA State Championship.
Be it further resolved that copies of this resolution be forwarded to Coach Rutledge Dingle and to Sumter High School Principal, Dr. Harold F. Starr, Jr.
The Resolution was adopted.
The following was introduced:
H. 4237 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY IN HONOR OF KAY PATTERSON.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The following was introduced:
H. 4238 -- Rep. Fleming: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON CAPTURING ITS SEVENTH CONSECUTIVE NATIONAL SHOOTING CHAMPIONSHIP, ON WINNING THE SCHOLASTIC CATEGORY OF THE 1995 NATIONAL NRA JUNIOR THREE POSITION SMALLBORE RIFLE CHAMPIONSHIPS, AND ON SECURING ITS THIRD CONSECUTIVE NATIONAL SCHOLASTIC AIR RIFLE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 858 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE RIGHTS TO THE SALVAGE OF THE "HUNLEY" AND TO STUDY THE CLAIMS THAT ANY PERSON OR ENTITY MAY ASSERT AS IT RELATES TO THE "HUNLEY".
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following was introduced:
H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.
Rep. SCOTT moved to adjourn debate upon the Concurrent Resolution, which was adopted.
On motion of Rep. G. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 4240 -- Rep. G. Brown: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BASEBALL TEAM OF ROBERT E. LEE ACADEMY OF LEE COUNTY AND COACHING STAFF ON WEDNESDAY, MAY 31, 1995, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1995 SCISAA 3A STATE BASEBALL TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the baseball team of Robert E. Lee Academy of Lee County and coaching staff on Wednesday, May 31, 1995, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1995 SCISAA 3A state baseball title.
The Resolution was adopted.
The following was introduced:
H. 4241 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING ROBERT E. LEE ACADEMY OF LEE COUNTY ON WINNING THE 1995 SCISAA 3A STATE BASEBALL TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4242 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES TO MRS. SYLVIA A. LONEY UPON THE OCCASION OF HER RETIREMENT ON JUNE 30, 1995, FROM THE HIGH HILLS RURAL WATER COMPANY, INC.
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. 4243 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.
On motion of Rep. WOFFORD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4244 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Referred to Committee on Judiciary.
S. 240 -- Senators McConnell, Elliott, Rose and O'Dell: A BILL TO AMEND SECTIONS 22-9-10, 22-9-20, 22-9-70, 22-9-80, AND SECTION 22-9-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTABLES, SO AS TO PROVIDE THAT CONSTABLES MAY BE EMPLOYED BY A COUNTY AND IN THE EVENT THE COUNTY CHOOSES NOT TO EMPLOY CONSTABLES, EACH MAGISTRATE MAY APPOINT ONE CONSTABLE WITHIN HIS JURISDICTION, AND TO CONFORM OTHER PERTINENT PROVISIONS OF LAW PERTAINING TO CONSTABLES TO THE ABOVE PROVISIONS.
Referred to Committee on Judiciary.
S. 840 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 841 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE COMMISSION, RELATING TO TEACHING METHODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1846, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
On motion of Rep. HARRISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
On motion of Rep. STODDARD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, May 23.
Doug Smith Larry L. Elliott Joseph T. McElveen, Jr. C. Alex Harvin, III
STATEMENT OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 18.
Announcement was made that Dr. John Beasley of Columbia is the Doctor of the Day for the General Assembly.
Rep. WALKER, on behalf of the Spartanburg Delegation, presented to the House the Landrum High School Boy's Track Team, winners of the 1995 State Class A Championship, their coaches and other school officials.
On motion of Rep. H. BROWN, the following remarks were ordered printed in the Journal as follows:
Rep. J. HARRIS made the following remarks:
"I'm delighted and honored that Bob Sheheen has made me a part of this very special occasion. Like all of us here today, I feel great friendship, respect, and admiration for Bob. It is fitting that through this portrait - through art - we verify to future generations the significance of his strong and intelligent leadership and his loyalty and dedication to South Carolina and all her citizens. Hippocrates said that, 'Life is short, art long.' Through this work of art and through his legacy of great service to South Carolina, may we all long remember Bob Sheheen as one who responded enthusiastically and capably when he was looked upon by the rest of us for challenge, direction, and inspiration. The artist who created this portrait, Mr. Michael Del Priore is here with us today. I have a statement from him which expresses his caring attitude and his great love for his work. He says, 'Portrait painting is the most noble of all art, because it comes into intimate contact with human nature. Just as man is the highest form of life, so the painting of that ultimate reproduction must be pre-eminent for posterity.' I would like to ask Mr. Del Priore to stand and be recognized. It is now my great honor to introduce the one who made all this possible. Bob Sheheen's mother, Mrs. Lucille Sheheen, will now unveil the portrait."
Senator Holland made the following remarks:
"Mr. Speaker, distinguished guests, members of this Body... I kind of wish I had some prepared notes. I noticed that the other people did. I don't have any. I just want to talk about Bob Sheheen a minute. About eighty years ago, Kershaw County afforded this Body a Speaker of this Body, the late Mendell L. Smith, a genius in many respects, one of the outstanding criminal lawyers in the south, he was Speaker of the House of Representatives about forty years before I was elected to this Body in 1950. And then in the year 1977, a young man was elected from Kershaw County, by the name of Robert J. Sheheen. He later became Chairman of the Judiciary Committee, I believe in probably 1980, and then in 1986, he was elected Speaker of this Body and he served until this past year. I have known young Robert Sheheen since birth because I have know everything about the Sheheen family. I lived next to them and his daddy was sort of like a second daddy to me, but I'm here on behalf today, of I'm sure the Senate, and myself, to tell Bob Sheheen that you deserve this honor. You have earned it and I am proud to be a part and participating in this occasion. I don't believe a Speaker before the late Mendell Smith, who served from Kershaw County, or one after that, afforded the type of leadership that you gave this Body and your forthrightness and your ability to be open at all times with this Body. Many people watched you and we are very proud of you. As I say once again, that I want to congratulate you, wish you God's speed, and many blessings as you continue on with your legislative career or whatever you might seek. It is my pleasure to be here today to participate with you. Thank you so much."
Rep. BOAN made the following remarks:
"It is a real honor for me to participate in this event to recognize the eight years of leadership that this House had under Bob Sheheen. There was probably no other legislator that enjoyed the success of his legislative career during the past eight years more than I have. I have been fortunate. Fortunate to have the cooperation of this House and the confidence of Speaker Sheheen. It was a relationship that may have seemed to be expected because we live only twenty miles apart - me in Kershaw, Bob in Camden - but when I came to the General Assembly 13 years ago, I did not know Bob Sheheen. I had never met him and only knew him by reputation. It was during my first visit here that he made an immediate impression on me. It was Veto Day in late June of 1982 and my primary election with no General Election opposition made me more than an anxious observer from the balcony that day. I knew in less than six months I would become a member of the South Carolina House of Representatives - a long time goal of mine. The issue at hand was something like this - the Board of Economic Advisors had revised downward the expected revenue for the next year of several million dollars and in order to sign a balanced budget - as the Constitution required - Gov. Dick Riley had vetoed several items. The largest and most controversial was a state employee pay raise. Speaker after speaker come to this podium to challenge the veto of Gov. Riley. Remember there was a November election hanging in the balance for many members. It was a spirited debate about commitment to state employees versus financial responsibility (some issues time does not change). As I watched from the third floor of this historical building, I was struck like most guests of how irreverent we are on the floor - how uninterested we seem as the business of the State flows by. But when Speaker Schwartz recognized the Representative from Kershaw County to address the chamber, an unusual thing happened. It got quiet. Members took their seat. Everyone listened. He spoke to the membership of the House that day as if he were the conscience of the House. He spoke about fiscal responsibility. He spoke of statesmanship over politics. He spoke of doing what was right over what was popular. The House listened. What the House heard that day was what it needed to hear, and the House did what it needed to do. The House sustained the veto and a balanced budget passed. I would not meet Bob Sheheen for another five months. The next four years from his position as Chairman of the Judiciary Committee, he continued to be the conscience of the House. Losing issues occasionally - winning often, he always challenged the institution of the House. He was always prepared, consistent, above all honest. When Ramon Schwartz announced he would not run for reelection to the House in 1986 - there was only one candidate to be his successor - Bob Sheheen. And on April 8, 1986, in his acceptance speech after being elected Speaker by acclamation, he told this body, 'The Speakership takes on the personality of the person who holds it. . . I'll try to adapt my personality to that position so that I'll be fair, so that I'll be honest and so that this institution can feel good about itself. Because until we do, the public will never feel good about us.' Bob Sheheen's eight years as Speaker were marked by his personality and characteristics. We developed a strong work ethic and commitment to the legislative process that reflected his style. We identified the issues and worked hard on them and we felt good about our work. A strong work ethic is a characteristic we have maintained today. The last eight years this House has followed Bob Sheheen's lead on many occasions. It has led with establishment of reserve funds for the fiscal integrity of the State. It has battled to keep this State from accepting the nation's waste. It demanded that an outdated structure of government be framed to provide accountability. All of these major initiatives were forged with his leadership. But years from now, when we think of Bob Sheheen as a legislator and speaker, we will think of two issues - reapportionment and ethics. Back to the early eighties, as chair of Judiciary, Bob Sheheen took on reapportionment as a personal challenge and responsibility. As Speaker in the nineties, he was involved to the point of sitting at a computer drawing maps and amendments for members - all members. I do find it somewhat ironic that the reapportionment battle he lost contributed greatly to the end of his speakership. The other issue that will define Bob Sheheen's speakership will be reforms in the ethics laws. He had long been an advocate for tighter lobbying and campaign laws when the darkest period in our recent history made us realize that we must change the way we do the people's business in this State. We were all affected by what happened during Operation Lost Trust. But it was Speaker Bob Sheheen that this House turned to - to restore integrity and confidence in a shaken system. We listened to our conscience and responded. Today we set aside political differences to honor public service, because regardless of our politics we all respect public service. Nineteen years in this House of Representatives and eight years as Speaker is what Bob Sheheen has given to this State. Today we unveil this portrait that should remind those who serve after us that regardless of the issues - regardless of the circumstances - political change or even scandal - that with leadership, with integrity, hard work, and a commitment to the process, this institution will continue to be great. That is the legacy of Speaker Bob Sheheen."
Rep. SHEHEEN made the following remarks:
"In January of 1966, I walked through those outer doors for the first time and assumed my duties as an assistant journal clerk. Mr. Blatt, later to become a valued friend and colleague, was the presiding officer, and preside he did! Little did I know that some ten years later, I would win election to the South Carolina House and assume a seat at the rear of the chamber. And, even more remote was the possibility that some day I would assume the podium and become Speaker of this institution. The membership honored me in 1986 by electing me Speaker and I suppose only time will be a true judge of what kind of job I did when holding that position. Some will measure it by those who participated in your administration.... one of the Speakers Pro Tem is now Speaker... one is now Governor...and as the song says...two out of three ain't bad. Some will measure it by those accomplishments of organization and the method by which you met adversity...and we all had to meet those things together in 1990 and 1991. Some will measure success by the changes that were brought about during the time.... ethics reform, women elected to the bench, restructuring of government. In the final analysis, the best measurement will be whether the people of South Carolina have some increased measure of respect for the institution as a result of the way we all conducted business during my period of stewardship and I guess none of us can ever know that until many years after our service. You did me great honor by allowing me to serve and now do me great honor by recognizing that service. I only hope that time justifies both."
Rep. J. BROWN moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day.
The following was received from the Senate.
Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3037:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
and asks for a Committee of Conference and has appointed Senators Glover, Rose and Stilwell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. KNOTTS, SCOTT and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 219:
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WOFFORD, HODGES and MEACHAM to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
May 17, 1995
The Honorable Robert L. Peeler
President of the Senate
State House
Post Office Box 142
Columbia, S. C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 802, R.80, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
This veto is based on my belief that S. 802, R. 80 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that '[n]o laws of a specific county shall be enacted.' Also, this bill addresses circumstances which could be dealt with by general legislation. Article III, Section 34 (IX) of the South Carolina Constitution prohibits the adoption of a special law where a "general law can be made applicable."
For the above reasons, I am returning S. 802, R. 80, without my signature.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Dantzler Law Williams Wofford
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
May 17, 1995
The Honorable Robert L. Peeler
President of the Senate
State House
Post Office Box 142
Columbia, S. C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 767, R.79, an Act:
TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
This veto is based upon my concern that the process by which the General Assembly has closed this road may be potentially unfair. While perhaps not in the specific legislation involved herein, a road closing accomplished by such means has the potential to be unfair to interested citizens, particularly in cases where the road closing is not supported by all abutting property owners.
As with similar legislation I have vetoed, my concern is that S. 767, R. 79, vitiates the protection afforded to the public pursuant to Title 57, Chapter 9, of the Code of Laws of South Carolina, 1976. Specifically, the provisions of Chapter 9 require adequate public notice and an opportunity for public hearing before a road can be closed. Because this Act circumvents the statutory process, the safeguards which serve to protect the public would no longer be effective.
Further, after the General Assembly passed this legislation but prior to its ratification, the Commission of the Department of Transportation removed this portion of road from the State Highway System.
For these reasons, I veto S. 767, R. 79.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Felder Govan Sharpe Stuart
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4224 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
H. 4230 -- Reps. Stoddard, Wilder and Carnell: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.
Rep. CARNELL explained the Bill.
H. 4018 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES.
Rep. A. YOUNG explained the Bill.
S. 624 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO APPLICATIONS FOR SELF-INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1842, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. A. YOUNG explained the Joint Resolution.
S. 44 -- Senators Courson, Wilson and Gregory: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.
Rep. MARTIN explained the Bill.
H. 3928 -- Rep. Hallman: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.
Rep. COOPER explained the Bill.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, AND PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.
The following Bill was taken up.
S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER 7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4015 -- Rep. Wilkins: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE ISSUANCE OF NEW CLASSES OF STOCK AND ARTICLE 9 TO CHAPTER 37, TITLE 33 SO AS TO PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7498BDW.95), which was adopted.
Amend the bill, as and if amended, by striking Section 33-37-460(3)(a), page 4, beginning on line 22, and inserting:
/(a) twenty percent of the total amount then outstanding on loans to the corporation by all members, including in the total amount outstanding amounts validly called for loan but not yet loaned, provided, that. However, the conditions of this subitem (a) shall do not apply to short-term loans to the corporation when the loan shall later be is repaid:
(i) from a general loan call to the corporation to be prorated among all members of the corporation as provided in item (4) of this section,; or
(ii) through the sale of participations in loans made by the corporation; or/
Amend title to conform.
Rep. CATO explained the amendment.
Rep. A. YOUNG spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.
Rep. A. YOUNG explained the Bill.
Rep. BAXLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10252AC.95), which was adopted.
Amend the bill, as and if amended, Section 1, page 1, line 29 by deleting /ten/ and inserting /one/ so when amended Section 40-15-212 reads:
/"Section 40-15-212. A person who practices dentistry or dental hygiene or performs dental technological work, in violation of this chapter or who aids or abets a person in violating this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both. Each day a violation occurs constitutes a separate offense."/
Amend further, Section 2, Section 40-15-120(B), page 2, line 16 by deleting /one ten/ and inserting /one/; so when amended Section 40-15-120(B) reads:
/"(B) A person violating subsection (A) is shall be deemed guilty of a misdemeanor and, upon conviction, shall must be fined not more than one thousand dollars, or imprisoned not more than six months, or both, in the discretion of the court. Each day upon which such acts are performed shall constitute a violation occurs constitutes a separate offense."/
Amend further, Section 4, Section 40-15-340(A), page 2, line 42 by deleting /one ten/ and inserting /one/ so when amended Section 40-15-340(A) reads:
/"(A) Any A person violating the provisions of this chapter relating to work authorizations shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one thousand dollars or imprisoned not more than six months, or both, in the discretion of the court. Each day upon which such acts are performed shall constitute a violation occurs constitutes a separate offense./
Amend further, by deleting Section 5 and inserting:
/SECTION 5. The first paragraph of Section 40-15-200 of the 1976 Code is amended to read:
"If the board is satisfied that the dentist, dental hygienist, or dental technician is guilty of any an offense charged in the formal accusation provided for in this chapter, it may revoke or suspend the license or the registration certificate, reprimand the dentist, dental hygienist, or dental technician either publicly or privately, or take any other reasonable action short of revocation or suspension, such as including, but not limited to, probation or the imposition of a fine of up to one thousand dollars to be paid into the general fund except for expenses incurred by the board in the procuring, or requiring the person to undertake additional professional training subject to the direction and approval of the board, psychiatric evaluations, controlled substance restrictions, institutional practice under supervision, and any other actions considered appropriate by the board. In addition to or instead of actions taken by the board affecting the license of a licensee or the registration certificate of a registrant, when it is established that the licensee or registrant has violated this chapter or any regulation promulgated by the board, the board may require the licensee or registrant to pay a civil penalty of up to ten thousand dollars and the costs of the disciplinary action. All penalties must be remitted to the general fund."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN 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.
H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.
Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3991 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION AND MODIFICATION OF ORDERS FOR PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PROTECTIVE ORDERS AND PROVISIONS OF PROTECTIVE ORDERS RELATING TO OTHER ISSUES, INCLUDING CUSTODY AND FINANCIAL SUPPORT, ARE VALID FOR ONE YEAR.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4035CM.95), which was adopted.
Amend the bill, as and if amended, Section 56-5-750(B)(1), SECTION 1, page 1, by striking after /year/ on line 40:
/. A motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days.; or/
and inserting:
/. A motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days.; or
Amend title to conform.
Rep. MARTIN 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. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Rep. KEYSERLING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6023HTC.95).
Amend the bill, as and if amended, Section 61-5-185, as contained in SECTION 1, page 2, by striking the quotation mark on line 28 and inserting immediately after line 28
/(C) The accommodations tax revenue requirements of subsection (B)(1) and (2) do not apply if the permits allowed pursuant to Section 61-5-180 may be obtained in any municipality in the county in which the referendum required by this section is held."/
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3856 -- Reps. Townsend and Allison: A BILL TO AMEND SECTION 59-24-10, AS AMENDED, AND SECTIONS 59-24-30 AND 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND LEADERSHIP ASSESSMENTS AND STANDARDS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE ASSESSMENTS AND STANDARDS AND TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS AND EVALUATION PROCEDURES FOR THESE ADMINISTRATORS; AND TO AMEND SECTION 59-3-90, AS AMENDED, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS FOR TEACHERS.
Rep. JASKWHICH explained the Bill.
Rep. L. WHIPPER moved to adjourn debate upon the Bill, until Wednesday, May 24, which was adopted.
The following Bill was taken up.
H. 3653 -- Reps. Cato, H. Brown, G. Brown, Neilson, Bailey, A. Young, Knotts, Meacham, Davenport, Simrill, Shissias, Cooper, Wright, Jennings, Spearman, Marchbanks and Harrison: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR VEHICLE LIABILITY POLICY".
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10306JM.95).
Amend the bill, as and if amended, page 1, by striking Section 56-9-20(7)(d), as contained in SECTION 1, and inserting:
/"(d) Additional coverage permitted. Any A policy which grants the coverage required for a motor vehicle liability policy may also may grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and the excess or additional coverage shall is not be subject to the provisions of this chapter. With respect to a policy which grants this excess or additional coverage, the term 'motor vehicle liability policy' shall apply applies only to that part of the coverage which is required by this article. Notwithstanding any other provision of law, when a liability or collision claim arises from the operation of a motor vehicle rented under a written rental agreement under which the renter agrees to provide coverage for damage resulting from the operation of the vehicle, the motor vehicle insurance coverage of the renter is primary, and no claim may be made against the coverage available for the rental vehicle by the rental vehicle company until the limits of the motor vehicle insurance coverage provided by the renter for the vehicle are exhausted. Every written rental agreement must include on its face a clause outlining the acceptance of 'primary liability coverage'. This clause must be separately signed and dated by the renter."/
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3843 -- Reps. Cromer, J. Brown and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Reps. KNOTTS and KENNEDY objected to the Bill.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4047CM.95).
Amend the bill, as and if amended, Section 24-21-710(C), SECTION 1, page 2, by inserting after /provide/ on line 23 /the Board of Probation, Parole and Pardon Services /and line 24, by striking /electronic information/ and inserting /following/.
Amend further, Section 24-21-710(C), page 2, line 30, by striking /(C)/ and inserting /(D) /; and line 32, by striking /if/ and inserting /each time that/.
Amend further, by striking Section 24-21-710(D), page 2, beginning on line 35, and inserting:
/(E) The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services may install, maintain, and operate a closed circuit television system at a location determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section./
Amend further, Section 24-21-710(E), page 2, line 42, by striking (E) and inserting /(F)/.
Amend further, Section 24-21-710(F), page 3, line 1, by striking (F) and inserting /(G)/.
When amended Section 24-21-710 reads:
/Section 24-21-710. (A) Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, may be considered by the Board of Probation, Parole and Pardon Services in making its determination of parole.
(B) Upon receipt of the notice required by law, the following people may submit electronic information:
(1) the victim of the crime for which the prisoner has been sentenced;
(2) the prosecuting solicitor's office; and
(3) the person whose parole is being considered.
(C) The person submitting the electronic information shall provide the Board of Probation, Parole and Pardon Services with the following:
(1) identification of each voice heard and each person seen;
(2) a visual or aural statement of the date the information was recorded; and
(3) the name of the person whose parole eligibility is being considered.
(D) If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.
(E) The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services may install, maintain, and operate a closed circuit television system at a location determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section.
(F) Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.
(G) The director of the Department of Probation, Parole and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section./
Reletter subsections to conform.
Amend title to conform.
Rep. WALDROP explained the amendment.
Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 362 -- Senators Cork, Washington, Lander and Elliott: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER MEDICAID, SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE FROM WHOM RECOVERY MAY BE SOUGHT.
Rep. WILDER explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. WILDER having the floor.
Reps. SIMRILL, VAUGHN, RICE, HERDKLOTZ, MARCHBANKS and EASTERDAY withdrew their objections to the following Bill.
H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.
Reps. WHITE, BREELAND, BAXLEY and CARNELL withdrew their objections to the following Bill.
H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.
On motion of Rep. J. BROWN, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.
H. 4237 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY IN HONOR OF KAY PATTERSON.
On motion of Rep. JENNINGS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 441 -- Senator Richter: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.
On motion of Rep. CARNELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.
The veto on the following Act was taken up.
(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
Rep. ALLISON moved to adjourn debate upon the veto, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.
Rep. FAIR explained the Bill.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to by a division vote of 49 to 34.
The following was received from the Senate.
Columbia, S.C., May 23, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3096:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
and asks for a Committee of Conference and has appointed Senators Holland, Moore and Courson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HARRISON, MARTIN and LIMBAUGH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.
Ordered for consideration tomorrow.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
Rep. JENNINGS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RICHARDSON objected.
Referred to Committee on Judiciary.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. WILDER having the floor.
S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER MEDICAID, SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE FROM WHOM RECOVERY MAY BE SOUGHT.
Rep. WILDER continued speaking.
The Bill was read the second time and ordered to third reading.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF INPATIENT AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION; TO DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE REPORTED IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING OUTPATIENT SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR FAILURE TO REPORT.
Rep. WILDER explained the Bill.
H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER explained the Joint Resolution.
H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER explained the Joint Resolution.
The following Bill was taken up.
H. 3806 -- Reps. Hutson, Meacham, Seithel, Simrill, J. Harris, Knotts, Whatley, Martin, Littlejohn, Wofford, Stille, Limehouse, Stuart, Harrison, Allison, Harwell, Fulmer, Phillips, Davenport, Dantzler, Riser, Vaughn, Fleming, Quinn, Tripp and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2780 SO AS TO PROVIDE FOR AND INCREASE PENALTIES FOR FAILING TO STOP WHEN MEETING OR OVERTAKING A STOPPED SCHOOL BUS; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO MISDEMEANOR VIOLATIONS FOR FAILING TO STOP FOR A STOPPED SCHOOL BUS, FOR ILLEGALLY ENTERING INTERSECTIONS AND CROSSWALKS, AND FOR PASSING A VEHICLE AT A RAILROAD CROSSING, SO AS TO DELETE THE REFERENCE TO FAILING TO STOP FOR A STOPPED SCHOOL BUS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10307CM.95), which was adopted.
Amend the bill, as and if amended, Section 56-5-2780(A) as contained in SECTION 1, page 1, line 30, by striking /one thousand/ and inserting /five hundred/ so that when amended it shall read:
/(A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days./
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. MARTIN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 25, which was adopted.
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
The following Bill was taken up.
S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Rep. TUCKER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.
Rep. SHARPE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4090 -- Rep. Harrison: A BILL TO ENACT THE FLEA MARKET VENDORS ACT; TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO REQUIRE FLEA MARKET OPERATORS AND FLEA MARKET, TEMPORARY, AND TRANSIENT VENDORS TO MEET CERTAIN REQUIREMENTS TO CONDUCT BUSINESS, TO PROHIBIT THE SALE OF CERTAIN GOODS, AND TO PROVIDE CRIMINAL PENALTIES; TO AMEND SECTION 12-36-520, RELATING TO BOND REQUIREMENTS FOR RETAILERS WITHOUT PERMANENT SALES LOCATIONS, SO AS TO MAKE A BOND OR CASH DEPOSIT MANDATORY RATHER THAN PERMISSIVE; TO AMEND SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO AUTHORIZE THAT FINES AND IMPRISONMENT MAY BE DOUBLED FOR A FIFTH OR SUBSEQUENT OFFENSE; AND TO AMEND SECTION 16-13-180, AS AMENDED, RELATING TO RECEIVING STOLEN GOODS, SO AS TO ALSO MAKE IT UNLAWFUL TO REPACKAGE OR DISTRIBUTE REPACKAGED STOLEN GOODS AND TO AUTHORIZE INCREASED FINES FOR THIS OFFENSE AND TO PROVIDE MITIGATING CIRCUMSTANCES.
Rep. SPEARMAN objected to the Bill.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4228 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. GAMBLE explained the Joint Resolution.
Rep. SIMRILL made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4231 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1848, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. ROBINSON made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3900 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
S. 264 -- Senators Stilwell, Moore, Rose and Jackson: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF STATE AND COUNTY OFFICERS, BY THE GOVERNOR, SO AS TO REVISE A REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND ITS COMMISSION; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-7-940, RELATING TO THE DUTIES OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO REQUIRE THE COMMISSION TO PROVIDE TRAINING FOR VICTIM/WITNESS ASSISTANCE UNITS WITHIN THE SOLICITORS' OFFICES; SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-23-10, RELATING TO DEFINITIONS UNDER THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO PROVIDE THAT THE DEFINITION OF "REGULATION" DOES NOT INCLUDE RULES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-23-111, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS, SO AS TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF A DEPARTMENT TO DESIGNATE A MEMBER OF THE BOARD TO PRESIDE DURING SUCH HEARINGS; SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEDURES UNDER THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALL DECISIONS OF THE DEPARTMENT OF REVENUE MUST BE MADE PUBLIC EXCEPT WHERE REDACTED COPIES ARE WARRANTED AND TO CLARIFY THE TYPES OF HEARINGS OVER WHICH ADMINISTRATIVE LAW JUDGES SHALL PRESIDE; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-25, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-25, AS AMENDED, RELATING TO THE EXEMPTION OF GROSS PROCEEDS OF SALES OF TANGIBLE PERSONAL PROPERTY FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-60, AS AMENDED, RELATING TO THE WITHHOLDINGS FROM THE AMOUNT OF SALES AND USE TAX COLLECTED BY COUNTIES, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-80, AS AMENDED, RELATING TO REPORTS OF THE TOTAL AMOUNT OF REVENUE COLLECTED FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-90, AS AMENDED, RELATING TO ADMINISTRATION OF THE LOCAL SALES AND USE TAX BY THE DEPARTMENT OF REVENUE, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE REQUIRED IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-4-15, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE THE STATUTORY DIVISIONS; SECTION 12-4-30, AS AMENDED, RELATING TO THE COMMISSIONERS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT'S DIRECTOR; TO AMEND SECTIONS 12-4-40, 12-4-50, 12-4-60, AND 12-4-70, AS AMENDED, RELATING TO THE TAX COMMISSION, SO AS TO REVISE REFERENCES TO THE COMMISSIONER AND COMMISSION; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-4-760, RELATING TO APPEALS FROM THE TAX COMMISSION TO THE TAX BOARD OF REVIEW, SO AS TO CHANGE REFERENCES OF THE TAX COMMISSION TO THE ADMINISTRATIVE LAW JUDGE DIVISION AND CHANGE REFERENCES TO THE TAX BOARD OF REVIEW TO THE CIRCUIT COURT; SECTION 12-21-2423, AS AMENDED, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT AND TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-1710, AS AMENDED, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO REVISE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-37-2680, AS AMENDED, RELATING TO THE DETERMINATION OF ASSESSED VALUE OF A VEHICLE, SO AS TO PROVIDE THAT AN APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS OF THE BOARD'S DECISION AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-43-300, AS AMENDED, RELATING TO BOARD OF ASSESSMENT APPEALS, SO AS TO PROVIDE THAT ANY PROPERTY OWNER, HIS AGENT, OR THE ASSESSOR MAY APPEAL FROM THE FINDING OF THE BOARD UPON WRITTEN NOTICE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS FROM THE DATE OF THE BOARD'S FINDING AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTION 13-1-10, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE DIVISION NAMES FROM DIVISION OF AERONAUTICS TO STATE AVIATION ADMINISTRATION AND FROM ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; ARTICLE 7, CHAPTER 1 OF TITLE 13, RELATING TO THE DIVISION OF AVIATION, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; ARTICLE 11 OF CHAPTER 1 OF TITLE 13, AS AMENDED, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 13-17-40, AS AMENDED, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-410, AS AMENDED, RELATING TO PROVISIONS CONCERNING NONRESIDENT AIRCRAFT OPERATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AERONAUTICS ADMINISTRATION; SECTION 16-3-1120, AS AMENDED, RELATING TO THE DIRECTOR OF THE VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT THE DIRECTOR, AFTER CONSULTATION WITH THE CRIME VICTIM'S ADVISORY BOARD, MUST DEVELOP AND ADMINISTER A PLAN FOR INFORMING THE PUBLIC OF THE AVAILABLE BENEFITS; SECTION 16-3-1130, AS AMENDED, RELATING TO CLAIMS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1140, AS AMENDED, RELATING TO APPEALS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1150, AS AMENDED, RELATING TO EMERGENCY AWARDS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1200, RELATING TO THE VICTIM'S COMPENSATION FUND AND THE CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF INJURY, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1230, RELATING TO CLAIMS FILED IN BEHALF OF A MINOR OR INCOMPETENT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1300, AS AMENDED, RELATING TO PAYMENT OF AN AWARD UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1340, AS AMENDED, RELATING TO THE ATTORNEY FOR A CLAIMANT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISION REQUIRING ATTORNEYS OF THE WORKERS' COMPENSATION FUND TO REPRESENT THE VICTIM'S COMPENSATION FUND; SECTION 16-3-1410, RELATING TO THE RESPONSIBILITIES OF THE VICTIM COMPENSATION FUND RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE FUND PROVIDE TRAINING FOR THE SOLICITORS' OFFICES; SECTION 16-3-1550, AS AMENDED, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO FAMILY COURT IN CONJUNCTION WITH THE PROSECUTION OF JUVENILE OFFENDERS, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE COMMISSION ON PROSECUTION COORDINATION TO DEVELOP THE FORM RATHER THAN THE ATTORNEY GENERAL, AND TO CORRECT THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-640, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO DELETE THE REQUIREMENT THAT THE COUNTY BOARD APPOINT AN ADVISORY COMMITTEE; SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2880, AS AMENDED, RELATING TO FAMILY DAY CARE LICENSES, SO AS TO CLARIFY AN ADMINISTRATIVE LAW JUDGE MUST HEAR APPEALS; SECTIONS 20-7-2930 AND 20-7-2940, AS AMENDED, RELATING TO CHURCH DAY CARE CENTERS, SO AS TO CLARIFY THAT APPEALS FROM A REGISTRATION SUSPENSION MUST BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5420, AS AMENDED, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH, SO AS TO DELETE CERTAIN OBSOLETE MEMBERS FROM THE COUNCIL AND TO CORRECT CERTAIN REFERENCES; SECTION 20-7-5910, AS AMENDED, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, AS AMENDED, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE DEFINITION OF "DEPUTY DIRECTOR"; SECTION 23-6-40, AS AMENDED, RELATING TO THE DIRECTOR AND DEPUTY DIRECTORS FOR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE PROVISIONS FOR DEPUTY DIRECTORS; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO THE LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE COMMITTEE IS ADVISORY, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS CHAIRMAN OF THE COMMITTEE, AND TO MAKE CONFORMING CHANGES THROUGHOUT; TO AMEND SECTION 24-1-10, RELATING TO CONSTRUCTION OF REFERENCES, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO ADD THE REFERENCE OF OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 38-3-110, AS AMENDED, RELATING TO DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT REGULATIONS ARE PROMULGATED BY THE COMMISSIONER; SECTION 38-27-520, AS AMENDED, RELATING TO RECOVERY OF PREMIUMS OWED, SO AS TO PROVIDE THAT AN APPEAL IS TO THE CIRCUIT COURT AND NOT THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REESTABLISH THE MEMBERSHIP OF THE CONTINUING EDUCATION ADVISORY COMMITTEE; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE AND TO CHANGE REFERENCES FROM DIRECTOR TO COMMISSIONER; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE COMMISSIONER OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-79-270, AS AMENDED, RELATING TO APPEALING ACTIONS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO PROVIDE THAT THE APPEAL IS TO THE COMMISSIONER AND NOT THE DEPARTMENT; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE COMMISSIONER (MEANING CHIEF INSURANCE COMMISSIONER OF THE DEPARTMENT OF INSURANCE); CHAPTER 23 OF TITLE 39, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-6-180, AS AMENDED, RELATING TO AUCTIONEERS, SO AS TO REINSERT LANGUAGE TO PROVIDE THAT AN APPRENTICE'S SUPERVISING AUCTIONEER BE NOTIFIED IF CHARGES ARE BROUGHT AGAINST THE APPRENTICE; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-22-150, AS AMENDED, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION MAY EMPLOY AN EXECUTIVE DIRECTOR FOR THE BOARD; SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, AS AMENDED, SECTION 41-13-20, SECTION 41-13-25, AS AMENDED, SECTIONS 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210, 41-15-220, 41-15-230, 41-15-240, 41-15-250, 41-15-260, 41-15-270, 41-15-280, 41-15-290, 41-15-300, SECTION 41-15-320, AS AMENDED, SECTION 41-15-520, SECTIONS 41-16-20, 41-16-40, AS AMENDED, SECTIONS 41-16-50, 41-16-60, 41-16-70, 41-16-80, 41-16-90, SECTIONS 41-16-100, 41-16-110, AS AMENDED, SECTIONS 41-16-120, 41-16-130, SECTION 41-16-140, AS AMENDED, SECTIONS 41-16-150, 41-16-160, SECTION 41-16-180, AS AMENDED, SECTIONS 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, SECTION 41-18-40, AS AMENDED, SECTION 41-18-50, SECTIONS 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, AS AMENDED, SECTIONS 41-18-120, 41-18-130, SECTIONS 41-18-150, 41-21-20, AS AMENDED, SECTIONS 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-90, 41-21-100, 41-25-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO CONFORM A REFERENCE TO THE CHIEF INSURANCE COMMISSIONER; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT AND TO CORRECT A REFERENCE; SECTION 43-5-150, AS AMENDED, RELATING TO APPEALS TO THE DEPARTMENT OF SOCIAL SERVICES FOR DENIAL OF PUBLIC ASSISTANCE, SO AS TO CLARIFY THAN AN ADMINISTRATIVE LAW JUDGE RATHER THAN A HEARING EXAMINER HEARS AN APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND SECTION 43-7-440, AS AMENDED, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 43-21-10, AS AMENDED, RELATING TO THE ADVISORY COMMISSION ON AGING, SO AS TO REVISE THE MEMBERSHIP AND RESPONSIBILITIES; SECTION 43-21-130, AS AMENDED, RELATING TO THE LONG TERM CARE COUNCIL, SO AS TO REVISE THE NAME, MEMBERSHIP, AND RESPONSIBILITIES OF THE COUNCIL; SECTION 43-21-150, AS AMENDED, RELATING TO THE EDUCATIONAL AND INFORMATIONAL PROGRAM OF THE DIVISION ON AGING, SO AS TO REVISE THE REFERENCE TO THE LONG TERM CARE COUNCIL IN ORDER TO CONFORM TO A PRIOR NAME CHANGE; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 46-13-60, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 48-9-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO DEFINE THE ADVISORY COUNCIL; SECTION 48-9-610, AS AMENDED, RELATING TO THE APPOINTMENT OF TWO COMMISSIONERS TO SERVE WITH THE ELECTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO AUTHORIZE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO MAKE THE APPOINTMENT; SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE DEPARTMENT; SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES, AND REMOVAL OF THE DISTRICT COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE AND REVISE THE PROCEDURE FOR THE FILLING OF VACANCIES AND FOR REMOVAL; SECTION 48-9-1820, AS AMENDED, RELATING TO THE ELIGIBILITY AND COMPENSATION OF MEMBERS OF BOARDS OF ADJUSTMENT, SO AS TO PROVIDE FOR MEMBERS OF THE ADVISORY COUNCIL INSTEAD OF THE BOARD OF THE DEPARTMENT TO BE INELIGIBLE TO SERVE AND TO CLARIFY REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS AMENDED, RELATING TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO AS TO CLARIFY REFERENCES TO THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-150, AS AMENDED, RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF COASTAL ZONE PERMITS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 48-39-280, AS AMENDED, RELATING TO BEACH NOURISHMENT PROJECT PERMITS AND SETBACK LINES; SECTION 48-39-290, AS AMENDED, RELATING TO REBUILDING STRUCTURES OTHER THAN EROSION CONTROL STRUCTURES SEAWARD OF THE BASELINE, SO AS TO CLARIFY THE APPEALS PROCESS AS ESTABLISHED BY THE RESTRUCTURING ACT OF 1993; SECTION 48-49-70, RELATING TO THE MOUNTAIN RIDGE PROTECTION ACT OF 1984, SO AS TO TRANSFER THE JURISDICTION AND MANAGEMENT FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO THE DEPARTMENT OF NATURAL RESOURCES; SECTION 49-1-15, AS AMENDED, RELATING TO PERMITS FOR HYDROELECTRIC PROJECTS INVOLVING IMPOUNDMENT OR DIVERSION OF WATERS OF NAVIGABLE STREAMS, SO AS TO REQUIRE A PERMIT FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ANY CONSTRUCTION, ALTERATION, DREDGING, FILLING, OR OTHER ACTIVITY IN ANY WATERS OF NAVIGABLE STREAMS; SECTION 49-4-15, AS AMENDED, RELATING TO THE SOUTH CAROLINA WATER USE REPORTING AND COORDINATION ACT, SO AS TO MAINTAIN THE PROGRAM UNDER THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN TRANSFERRING IT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS PROVIDED BY THE RESTRUCTURING ACT OF 1993; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-90, AS AMENDED, RELATING TO CONDUCTING GAME AND FISH CULTURAL OPERATIONS, SO AS TO CHANGE A REFERENCE FROM BOARD TO DEPARTMENT; SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT IS RESPONSIBLE FOR HIRING AND FIRING THE OFFICERS; SECTION 50-3-315, AS AMENDED, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO REVISE THEIR AUTHORITY; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-20, AS AMENDED, RELATING TO THE JURISDICTION OF THE MARINE RESOURCES DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES SO AS TO CLARIFY THAT THE DEPARTMENT HAS CONTINUING JURISDICTION OVER STRIPED BASS; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-7-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE ATLANTIC STATES MARINE FISHERIES COMMISSION, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO APPOINT A DESIGNEE TO SERVE IN HIS PLACE ON THE COMMISSION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-320, AS AMENDED, RELATING TO THE CLOSURE OF SHELLFISH GROUNDS, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO REMOVE CLOSED AREAS FROM A PERMIT ACREAGE AGREEMENT; SECTION 50-17-365, AS AMENDED, RELATING TO THE CLOSED SEASON FOR SHELLFISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO OPEN OR CLOSE AREAS; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 55-1-1, RELATING TO THE DIVISION OF AERONAUTICS, SO AS TO CHANGE THE NAME TO THE STATE AVIATION ADMINISTRATION; SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITION FOR UNIFORM STATE AERONAUTICAL REGULATORY LAW, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-5-50, AS AMENDED, RELATING TO THE DEPUTY DIRECTOR OF AERONAUTICS, SO AS TO REINSERT THE REQUIREMENT THAT HE BE A COMMERCIAL PILOT WITH INSTRUMENT RATING; SECTION 55-5-190, AS AMENDED, RELATING TO COOPERATION BETWEEN PUBLIC DEPARTMENTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-8-10, AS AMENDED, RELATING TO THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-11-10, AS AMENDED, RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-15-10, AS AMENDED, RELATING TO RELOCATION ASSISTANCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 56-1-80, AS AMENDED, RELATING TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-135, AS AMENDED, RELATING TO DESIGNATED DRIVERS FOR FIRE EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT AND TO CLARIFY THAT THE BOARD MUST ADVISE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-225, AS AMENDED, RELATING TO THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES, SO AS TO CLARIFY REFERENCES IN THE SECTION; SECTION 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-1-2100, AS AMENDED, RELATING TO COMMERCIAL DRIVERS LICENSES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 56-5-1520, AS AMENDED, RELATING TO MOTOR VEHICLE SPEED LIMITS, SO AS TO REVISE THE REQUIREMENTS FOR DEPOSIT OF FINES; SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE A SENTENCE WHICH HAS BEEN DECLARED UNCONSTITUTIONAL; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-5-4160, AS AMENDED, RELATING TO THE DISPOSITION OF FINES FOR WEIGHT VIOLATIONS OF VEHICLES AND LOADS, SO AS TO REQUIRE THE FINES BE DEPOSITED INTO THE SIZE AND WEIGHT REVITALIZATION PROGRAM FUND FOR PERMANENT IMPROVEMENTS RATHER THAN INTO THE GENERAL FUND; SECTION 56-5-5810, AS AMENDED, RELATING TO THE DEFINITIONS FOR THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES, SO AS TO CHANGE A REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF REVENUE, AND THE CHIEF INSURANCE COMMISSIONER; SECTION 57-3-610, AS AMENDED, RELATING TO NAMING A ROAD, BRIDGE, OR HIGHWAY IN HONOR OF A PERSON, SO AS TO DELETE THE REFERENCE TO COUNTY LEGISLATIVE DELEGATION AND SUBSTITUTE COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR LIMITATION OF ACTUAL EXPENSES FOR DEDICATIONS ON AN INTERSTATE HIGHWAY; SECTION 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-53-20, RELATING TO THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM, SO AS TO CONFORM THE NAME OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEE IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 1613 OF ACT 181 OF 1993, RELATING TO TRANSITION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYEE'S PERSONNEL RECORDS ARE TRANSFERRED AND BELONG TO THE AGENCY TO WHICH THE EMPLOYEE IS TRANSFERRED; SECTION 1618 OF ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES; TO AMEND THE 1976 CODE BY ADDING SECTION 40-73-17, SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL PROVIDE LEGAL SERVICES TO ALL ITS DIVISIONS; SECTIONS 48-9-215 AND 48-9-225, SO AS TO ESTABLISH AND PROVIDE FOR THE STATE LAND RESOURCES AND CONSERVATION DISTRICTS ADVISORY COUNCIL; TO AMEND CHAPTER THREE OF TITLE 49 BY ADDING SECTION 49-3-60, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO NEGOTIATE AGREEMENTS RELATING TO THE WITHDRAWAL, TRANSFER, OR DIVERSION OF WATER CONNECTED TO WATERS OF THIS STATE; TO AMEND THE 1976 CODE BY ADDING CHAPTER 27 TO TITLE 50, SO AS TO CHANGE THE PLACEMENT OF THE STATUTORY AUTHORITY FOR THE HERITAGE TRUST PROGRAM FROM TITLE 51 TO TITLE 50; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1720 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR LAW ENFORCEMENT MOTOR VEHICLES OPERATED BY LINE LAW ENFORCEMENT PERSONNEL OF THE DEPARTMENT OF PUBLIC SAFETY; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 41-15-310, 43-21-120, 43-21-140, 48-9-230, 49-5-130, 49-21-80, CHAPTER 5 OF TITLE 12, CHAPTER 61 OF TITLE 40, AND CHAPTER 17 OF TITLE 51.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21742SD.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-23-380(B) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(B) Review by An Administrative Law Judge of a final decision in a shall hear and determine contested case decided by a cases before a professional and occupational licensing board within the Department of Labor, Licensing, and Regulation. shall be done in the same manner prescribed in (A) for circuit court review of final agency decisions, with the presiding Administrative Law Judge exercising the same authority as the circuit court; provided, however, that A party aggrieved by a final decision of an Administrative Law Judge in such a case is entitled to judicial review of that decision by the circuit court under the provisions of (A) of this section and pursuant to Section 1-23-610(C)".
SECTION 2. Section 1-23-600 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:
"Section 1-23-600. (A) The hearings and proceedings concerning contested cases must be transcribed and are open to the public unless confidentiality is allowed or required by law. The presiding Administrative Law Judge shall render the decision in a written order. The decisions or orders of these Administrative Law Judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.
(B) An Administrative Law Judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, those hearings on contested cases conducted by the Coastal Council as provided by law, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Judge Division.
(C) Departments shall notify the Administrative Law Judge Division of all pending contested cases. Upon notification, the chief judge shall assign an Administrative Law Judge to each contested case.
(D) An Administrative Law Judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing, and Regulation pursuant to Section 1-23-380.
(E) The Administrative Law Judge Division shall hear appeals of final decisions on contested cases made by the Coastal Council as provided by law which shall be a de novo review. Appeal of the final decision of the Administrative Law Judge Division shall be to the Circuit Court as provided in Section 1-23-610.
(E) (F) Notwithstanding the other provisions of this section, 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 appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an Administrative Law Judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an Administrative Law Judge pursuant to the provisions of this article."
SECTION 3. Section 1-23-610 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"Section 1-23-610. (A) For quasi-judicial review of any final decision of an Administrative Law Judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, a petition by an aggrieved party must be filed with the appropriate board or commission Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the Administrative Law Judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the Circuit Court under the provisions of (A) of this section and pursuant to Section 1-23-610(C).
(B) For judicial review of any final decision of an Administrative Law Judge of cases involving departments governed by a single director, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the Administrative Law Judge. Appeal in these matters is by right.
(C) For judicial review of any final decision of an Administrative Law Judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the Administrative Law Judge. Appeal in these matters is by right.
(D) (B) The review of the Administrative Law Judge's order must be confined to the record. The reviewing tribunal court may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has have been prejudiced because of the finding, conclusion, or decision is:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, such appropriations or monies must continue to be used for these purposes after the effective date of this article."
SECTION 4. Section 3-5-140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-5-140. If the person in whose favor or the person against whom such determination is made shall be dissatisfied therewith, such person may apply to an Administrative Law Judge to review the determination. An appeal from the a decision in a contested case of the Administrative Law Judge Coastal Council may be taken to the Coastal Zone Management Appellate Panel Administrative Law Judge Division for a de novo review as provided under Article 5 of Chapter 23 of Title 1. An appeal from the decision of the Panel an Administrative Law Judge may be taken to the court of common pleas for the county in which the oyster beds lie. The court shall review the award as provided under Section 1-23-610. in the same manner as reports of a master in equity are reviewed by the court and the determination of the amount of the award by the court of common pleas shall be final.
Before a review shall be granted to the person against whom the award is made, such person shall pay to the person in whose favor the award is made, one-half of the amount of the said award, and shall file with the said clerk of court a bond conditioned for the payment of the remaining half of the award or so much thereof as may be finally awarded, such bond to be approved by the clerk of court of the county in which the oyster beds lie as to form, surety, and amount.
The final award shall be entered on record in the office of the clerk of court of common pleas for the county in which the oyster beds lie and when so entered shall have the force and effect of a judgment. The amount of the award shall be limited to the direct actual damage suffered by the person owning in fee or in leasehold the oyster beds and the oysters growing therein."
SECTION 5. Section 48-39-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-39-40. (A) On July 1, 1994 1995, there is created the Coastal Zone Management Appellate Panel Coastal Council which consists of fourteen members, which shall act as an advisory council to the Department of Health and Environmental Control. The Coastal Council shall also preside over all hearings of contested cases arising under Chapter 5 of Title 3 and Chapter 39 of Title 48. The members of the panel council shall be constituted as follows: eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; six members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote. The panel council shall elect a chairman, vice-chairman, and other officers it considers necessary.
(B) Terms of all members are for four years and until successors are appointed and qualify. Members from congressional districts serve terms of two years only as determined by lot at the first meeting of the panel council. Vacancies must be filled in the original manner of selection for the remainder of the unexpired term.
(C) On July 1, 1994 1995, members of the South Carolina Coastal Council South Carolina Coastal Zone Management Appellate Panel, become members of the South Carolina Coastal Zone Appellate Panel Council and continue to serve until their terms expire. Upon the expiration of their terms, members must be selected as provided within this section."
SECTION 6. Section 48-39-150(D) of the 1976 Code is amended to read:
"(D) Any applicant having a permit denied or any person adversely affected by the granting of the permit has the right of direct appeal from the a decision in a contested case of the Administrative Law Judge Coastal Council to the Administrative Law Judge Division for a de novo review as provided under Article 5 of Chapter 23 of Title 1. to the Coastal Zone Management Appellate Panel. Any applicant having a permit denied may challenge the validity of any or all reasons given for denial."
SECTION 7. Section 48-39-180 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-39-180. Any applicant whose permit application has been finally denied, revoked, suspended, or approved subject to conditions of the department by the Coastal Zone Management Appellate Panel Administrative Law Judge Division, or any person adversely affected by the permit may, within twenty days after receiving notice thereof, file petition in the Circuit Court having jurisdiction over the affected land for a review of the department's action "de novo" or as provided under Section 1-23-610 to determine whether the department's action so restricts or otherwise affects the use of the property as to deprive the owner of its existing practical use and is an unreasonable exercise of the State's police power because the action constitutes the equivalent of taking without compensation. If the court finds the action to be an unreasonable exercise of the police power it shall enter a finding that the action shall not apply to the land of the plaintiff, or in the alternative, that the department shall pay reasonable compensation for the loss of use of the land. The use allowed by any permit issued under this chapter may, in the discretion of the court, be stayed pending decision on all appeals that may be taken. The Circuit Court may in its discretion require that a reasonable bond be posted by any person. It is specifically intended that any person whose permit application has been denied may have such permit issued by the Circuit Court having jurisdiction if such person can prove the reasons given for denial to be invalid."
SECTION 8. Section 48-39-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-39-280. (A) A forty-year policy of retreat from the shoreline is established. The department must implement this policy and must utilize the best available scientific and historical data in the implementation. The department must establish a baseline which parallels the shoreline for each standard erosion zone and each inlet erosion zone.
(1) The baseline for each standard erosion zone is established at the location of the crest of the primary oceanfront sand dune in that zone. In standard erosion zones in which the shoreline has been altered naturally or artificially by the construction of erosion control devices, groins, or other manmade alterations, the baseline must be established by the department using the best scientific and historical data, as where the crest of the primary oceanfront sand dunes for that zone would be located if the shoreline had not been altered.
(2) The baseline for inlet erosion zones that are not stabilized by jetties, terminal groins, or other structures must be determined by the department as the most landward point of erosion at any time during the past forty years, unless the best available scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position. In collecting and utilizing the best scientific and historical data available for the implementation of the retreat policy, the department, as part of the State Comprehensive Beach Management Plan provided for in this chapter, among other factors, must consider: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.
(3) The baseline within inlet erosion zones that are stabilized by jetties, terminal groins, or other structures must be determined in the same manner as provided for in item (1). However, the actual location of the crest of the primary oceanfront sand dunes of that erosion zone is the baseline of that zone, not the location if the inlet had remained unstabilized.
(4) Notwithstanding any other provision of this section, where a department-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition an Administrative Law Judge the department to move the baseline as far seaward as the landward edge of the erosion control structure or device or, if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the department in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by department-approved beach nourishment. If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future. If the Administrative Law Judge department grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the department. If the beach nourishment fails to stabilize the beach after a reasonable period of time, the department must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach. Any appeal of an Administrative Law Judge's the department's decision shall be made to the Coastal Council. Any appeal of a decision in a contested case by the Coastal Council decision under this section may be made to the Coastal Zone Management Appellate Panel Administrative Law Judge Division for a de novo review as provided under Article 5 of Chapter 23 of Title 1.
(B) To implement the retreat policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the department as a part of the State Comprehensive Beach Management Plan.
(C) The department, before July 3, 1991, must establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years but not more than every ten years after each preceding revision. In the establishment and revision of the baseline and setback line, the department must transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The department must hold one public hearing before establishing the final baseline and setback lines. Until the department establishes new baselines and setback lines, the existing baselines and setback lines must be used. The department may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section.
(D) In order to locate the baseline and the setback line, the department must establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The department must acquire sufficient surveyed topographical information on which to locate the baseline. Surveyed topographical data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near-term development and in areas currently developed, the interval, at the discretion of the department, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dunes to be used as the baseline for computing the forty-year erosion rate. In cases where no primary oceanfront sand dunes exist, a study conducted by the department is required to determine where the upland location of the crest of the primary oceanfront sand dune would be located if the shoreline had not been altered. The department, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude significant development, or both.
(E) A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. The requests must be forwarded to the Coastal Zone Management Appellate Panel and handled in accordance with the department's regulations on appeals department. Any appeal of the department's decision shall be made to the Coastal Council. Any appeal of a decision by the Coastal Council in a contested case may be made to the Administrative Law Judge Division for de novo review as provided under Article 5 of Chapter 23 of Title 1."
SECTION 9. Section 48-39-290(D)(4) of the 1976 Code, as last amended by Act 607 of 1990, is further amended to read:
"(4) A party aggrieved by the committee's department's decision to grant or deny a special permit application may appeal to the full Coastal Zone Management Appellate Panel pursuant to Section 48-39-150(D) Coastal Council. Any appeal of the decision by the Coastal Council may be made to the Administrative Law Judge Division for a de novo review as provided under Article 5 of Chapter 23 of Title 1."
SECTION 10. The Code Commissioner is directed to conform any appropriate references contained in Article 5, Chapter 23 of Title 1 or in any other provision of law to the provisions of this act.
SECTION 11. This act takes effect July 1, 1995./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21763SD.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, by striking subsection (A) of Section 1-23-600 of the 1976 Code, which begins on line 40, page 3427-1, and inserting:
/(A) The hearings and proceedings concerning A full and complete record shall be kept of all contested cases and regulation hearings before an Administrative Law Judge. All testimony must shall be reported and need not be transcribed and unless a transcript is requested by any party. The party requesting a transcript shall be responsible for the costs involved. Proceedings before Administrative Law Judges are open to the public unless confidentiality is allowed or required by law. The presiding Administrative Law Judge shall render the decision in a written order. The decisions or orders of these Administrative Law Judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\21912SD.95), which was adopted.
Amend the bill, as and if amended, by striking Section 1-23-380(B) of the 1976 Code, as contained in SECTION 1 and inserting:
/(B) Review on appeal by an Administrative Law Judge of a final decision in a contested case decided by a professional and occupational licensing board within the Department of Labor, Licensing, and Regulation another agency shall be done in the same manner prescribed in (A) for Circuit Court review of final agency decisions, with the presiding Administrative Law Judge exercising the same authority as the Circuit Court; provided, however, that a party aggrieved by a final decision of an Administrative Law Judge in such a case an appeal is entitled to judicial review of that decision by the Circuit Court under the provisions of (A) of this section and pursuant to Section 1-23-610(C)./
Amend the bill further, as and if amended, by striking Section 1-23-600(D) of the 1976 Code, as contained in SECTION 2, and inserting:
/(D) An Administrative Law Judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing, and Regulation pursuant to Section 1-23-380./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\GJK\21919SD.95), which was adopted.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 1-23-605. In contested case hearings involving applications for alcoholic liquor or beer or wine licenses or permits under Title 61, the Administrative Law Judge Division may receive and consider as a factor in making its decision a written statement of the governing body of the county or municipality wherein the establishment is or will be located as to its position on the license or permit application."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\4016HTC.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 5, Chapter 36, Title 12 of the 1976 Code is amended by adding:
"Section 12-36-580. An establishment required to have the retail license provided in this article may not give away beer and wine to patrons or allow the consumption of beer and wine on the premises of the establishment without first obtaining the license provided pursuant to Section 61-9-310 for the on-premises consumption of beer and wine."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
Rep. TUCKER raised the Point of Order that Amendment No. 5 was out of order as it was not germane.
Rep. FAIR argued contra to the Point in stating that it was germane as it did relate to the amendments adopted.
The SPEAKER stated that it did not relate and it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. HARRISON proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\22009SD.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, by striking Section 1-23-610 of the 1976 Code, as contained in SECTION 3, and inserting:
/Section 1-23-610. (A) For quasi-judicial review of any final decision of an Administrative Law Judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, a petition by an aggrieved party must be filed with the appropriate board or commission Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the Administrative Law Judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the Circuit Court under the provisions of (A) of this section and pursuant to Section 1-23-610(C).
(B) For judicial review of any final decision of an Administrative Law Judge of cases involving departments governed by a single director, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the Administrative Law Judge. Appeal in these matters is by right.
(C) For judicial review of any final decision of an Administrative Law Judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the Administrative Law Judge. Appeal in these matters is by right.
(B) For review of any final decision of an Administrative Law Judge of cases involving the Department of Health and Environmental Control, other than decisions of Coastal Council which are appealed to the Administrative Law Judge Division pursuant to Section 1-23-600(E), a petition by an aggrieved party must be filed with the Board of the Department of Health and Environmental Control and served on the opposing party not more than thirty days after the party receives the final decision and order of the Administrative Law Judge. Appeal in these matters is by right. A party aggrieved by a final decision of the Board of the Department of Health and Environmental control in such a case is entitled to judicial review of that decision by the Circuit Court.
(D) (C) The review of the Administrative Law Judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has have been prejudiced because of the finding, conclusion, or decision is:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, such appropriations or monies must continue to be used for these purposes after the effective date of this article./
Amend the Report further, as and if amended, by striking /Section 1-23-610/ on line 29, page 3427-2; on line 11, page 3427-4; and on line 35, page 3427-5 and inserting /Section 1-23-610(A)/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. HODGES moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. JENNINGS moved that the House do now adjourn.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Boan Brown, J. Byrd Carnell Cato Chamblee Clyburn Cobb-Hunter Cooper Delleney Easterday Elliott Fair Fleming Gamble Hallman Harris, J. Harrison Haskins Herdklotz Hines Hodges Howard Inabinett Jaskwhich Jennings Kinon Kirsh Koon Lloyd Marchbanks Mason McAbee McCraw McElveen McMahand Moody-Lawrence Neal Rice Robinson Rogers Smith, D. Smith, R. Spearman Stille Townsend Tripp Trotter Tucker Whipper, L. Whipper, S. Wilder Young, J.
Those who voted in the negative are:
Allison Cain Cave Cotty Cromer Dantzler Fulmer Govan Hutson Keegan Kelley Kennedy Keyserling Klauber Knotts Lanford Law Limbaugh Limehouse Littlejohn Martin Meacham Phillips Quinn Richardson Riser Sandifer Scott Shissias Simrill Stuart Thomas Vaughn Walker Wells Whatley White Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".
H. 4225 -- Reps. Neal, Cromer, J. Brown, Byrd, Cotty, Harrison, Howard, Quinn, Rogers, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF EASTOVER'S MAYOR, THE HONORABLE LEWIS N. SCOTT OF RICHLAND COUNTY, WHO PASSED AWAY ON SUNDAY, MAY 14, 1995.
H. 4235 -- Rep. Meacham: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" MENS TENNIS TEAM OF YORK COUNTY AND ITS COACH FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP.
At 4:15 P.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Mayor Lewis Nathaniel Scott of Eastover, to meet at 10:00 A.M. tomorrow.
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