1996 Permanent House Journal Printed Pages 2290-2299 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 2280, Apr. 17 | Printed Page 2300, Apr. 17

Printed Page 2290 . . . . . Wednesday, April 17, 1996

(C) No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, or mother's brother, or another woman."

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. THOMAS explained the amendment.

Reps. SCOTT, COBB-HUNTER, L. WHIPPER, CAVE, LLOYD, WHITE, BREELAND, INABINETT, HARRISON, KLAUBER, LANFORD, LIMBAUGH, SHARPE and WELLS objected to the Bill.

SPEAKER IN CHAIR

H. 4803--INTERRUPTED DEBATE

The following Joint Resolution was taken up.

H. 4803 -- Reps. Harrison and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.

Rep. D. SMITH explained the Joint Resolution.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

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RECURRENCE TO THE MORNING HOUR

Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.

Ordered for consideration tomorrow.

H. 4803--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Joint Resolution, the pending question being the consideration of amendments.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 17, Article V of the Constitution of South Carolina, 1895, is amended to read:

"Section 17. Within the unified court judicial system, the Supreme Court shall have the power, after a public hearing, to remove any judge from office for misconduct, breach of any ethical obligation, habitual

Printed Page 2292 . . . . . Wednesday, April 17, 1996

intemperance, or persistent failure to perform the duties of the office, or to remove or retire any judge from office upon a finding of disability a mental or physical incapacity seriously interfering with the performance of his judicial duties which is, or is likely to become, of a permanent character. A justice shall not sit in any hearing involving his own that justice's removal or retirement. Implementation and enforcement of this section may be by rule or order of the Supreme Court. The provisions of this section shall not be construed as precluding the removal of a judge by impeachment or any other method provided by this Constitution."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 17, Article V, of the Constitution of South Carolina, 1895, relating to the removal or retirement of judges be amended so as to permit the Supreme Court to remove any judge within the unified judicial system from office for misconduct, breach of any ethical obligation, habitual intemperance, or persistent failure to perform the duties of the office, and also to permit the Supreme Court to remove or retire any judge from office upon a finding of mental or physical incapacity rather than disability which seriously interferes with the performance of his duties which is or is likely to become permanent?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

Reps. HARRISON and SHEHEEN proposed the following Amendment No. 1, which was adopted.

Amend Section 17, line 2, by inserting the word "public" before the word hearing.

Rep. D. SMITH explained the amendment.

The amendment was then adopted.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 116; Nays 0

Printed Page 2293 . . . . . Wednesday, April 17, 1996

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Canty                Carnell              Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Dantzler             Delleney
Easterday            Elliott              Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, J.
Harris, P.           Harrison             Haskins
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Inabinett            Jaskwhich            Jennings
Keegan               Kelley               Keyserling
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Lloyd
Loftis               Marchbanks           Mason
McAbee               McCraw               McElveen
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Whipper, S.
White                Wilder               Wilkes
Wilkins              Williams             Witherspoon

Printed Page 2294 . . . . . Wednesday, April 17, 1996

Wofford              Worley               Wright
Young                Young-Brickell

Total--116

Those who voted in the negative are:

Total--0

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

RECORD FOR NOT VOTING

I abstain from voting due to my candidacy for Circuit Judge.

Rep. PAULA H. THOMAS

H. 4805--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4805 -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF

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CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKER'S COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO PROVIDE THAT THESE APPEALS OR REVIEWS MUST BE TAKEN IN THE MANNER PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, AS AMENDED, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE, 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR

Printed Page 2296 . . . . . Wednesday, April 17, 1996

RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF

Printed Page 2297 . . . . . Wednesday, April 17, 1996

DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO CASES ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22632SD.96), which was adopted.

Amend the bill, as and if amended, in Section 1-7-40 of the 1976 Code, as contained in SECTION 2, by inserting after /Court/ on line 41, page 4, /and the Court of Appeals/

When amended Section 1-7-40 shall read:

"Section 1-7-40. He shall appear for the State in the Supreme Court and the Court of Appeals in the trial and argument in such Court of all causes, criminal and civil, in which the State is a party or interested, and in such causes in any other court or tribunal when required by the Governor or either branch of the General Assembly."

Amend further, as and if amended, in Section 14-1-70 of the 1976 Code, as contained in SECTION 13, on line 25, page 7, by striking item (8) and inserting:

/(9)(8) mayors' and municipal courts;/

Amend the bill further, as and if amended, by striking Section 15-1-260(2) of the 1976 Code, as contained in SECTION 19, and inserting:

/(2) In the Supreme Court or Court of Appeals of this State such sum of money shall be paid to the clerk of the Supreme Court that appellate court;/

Amend further, as and if amended, by striking Section 18-9-220 of the 1976 Code, as contained in SECTION 31 and inserting:

/Section 18-9-220. In cases not provided for in Sections 18-9-130 and 18-9-150 to 18-9-180, the notice of appeal shall stay proceedings in the court below upon the judgment appealed from, except that when it directs the sale of perishable property the court below may order the property to be sold and the proceeds thereof to be deposited or invested in bonds of this State or of the United States, to abide the judgment of the Supreme

Printed Page 2298 . . . . . Wednesday, April 17, 1996

Court appellate court; provided, that an appeal from a judgment or decree overruling a demurrer shall stay the further hearing of the cause unless the presiding judge shall be satisfied that the ends of justice will be subserved by proceeding with the trial and shall order the trial of the cause to proceed to judgment; and provided, further, that nothing contained in the preceding proviso shall be construed to prevent a review upon appeal from the final order or judgment in the cause of any judgment or decree on demurrer./

Amend further, as and if amended, in Section 44-17-620 of the 1976 Code, as contained in SECTION 46, by striking /by the Supreme Court/ on line 16, page 20, and inserting immediately after /reversed/ on line 16, page 20, /on appeal by the Supreme Court./

When amended Section 44-17-620 of the 1976 Code shall read:

"Section 44-17-620. The petitioner or the person shall have the right to appeal from any order of the probate court issued pursuant to Section 44-17-580 to the court of common pleas of the county where the probate court is situated. The notice of intention to appeal together with the grounds for the appeal shall be filed in the probate court and the court of common pleas within fifteen days of the date of the order issued pursuant to Section 44-17-580. The appeal shall be heard by any circuit judge having jurisdicton jurisdiction in the county upon the record of the probate court. The judge may require that additional evidence be presented in the hearing if notice is given to both appellant and respondent.

The probate court shall be responsible for certifying the record on the proceedings before the probate court to the circuit court judge within thirty days of filing of the notice of intention to appeal. The circuit judge shall hold the hearing and render a decision affirming or reversing the order of the probate court within fifteen days of receipt of the record of the probate court.

The costs shall be borne by the applicant unless the court determines that he cannot afford them.

Appeal by either party to the Supreme Court shall be from the order of the circuit judge as in other civil cases, except that an Any appeal from the order of the circuit judge shall be taken in the manner provided by the South Carolina Appellate Court Rules. An order of a circuit judge requiring release of the person shall be of force and effect unless it is reversed on appeal by the Supreme Court."

Amend further, as and if amended, by striking SECTION 52 which begins on line 15, page 22 and inserting:

/SECTION 52A. Section 59-25-270 of the 1976 Code is amended to read:

Printed Page 2299 . . . . . Wednesday, April 17, 1996

"Section 59-25-270. If either the State Board of Education, the court of common pleas, the Court of Appeals, or the Supreme Court of South Carolina reverses the order of revocation or suspension, the person whose certificate had been either revoked or suspended by the state board shall be fully reinstated and shall receive all salary lost as a result of such revocation or suspension of his certificate; provided, however, that where the State Board of Education, within the time prescribed by law, appeals to the Supreme Court of South Carolina from an order of the court of common pleas reversing an order of revocation or suspension rendered by the State Board of Education, the person whose certificate had either been revoked or suspended by the State Board shall not be entitled to be reinstated and to receive all salary lost as a result of his certificate's revocation or suspension by the State Board unless and until the Supreme Court or Court of Appeals affirms the order of the court of common pleas."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. D. SMITH explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1084--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1084 -- Judiciary Committee: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, ALCOHOL, AND ALCOHOLIC LIQUORS, SO AS TO MAKE CERTAIN TECHNICAL CHANGES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5709DW.96), which was adopted.

Amend the bill, as and if amended, page 15, line 30, SECTION 1, the last paragraph of Section 61-4-250 by striking /Fines/ and inserting /Penalties/; so when amended, the last paragraph of Section 61-4-250 shall read:

/Penalties provided for in this section must be paid to the State Treasurer for credit to the general fund of the State for public school use./

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