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 4140, May 23 | Printed Page 4160, May 23 |
Printed Page 4150 . . . . . Thursday, May 23, 1996
S. 1219--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted.

S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.

S. 35--OBJECTION WITHDRAWN

Rep. KNOTTS withdrew his objection to S. 35 however, other objections remained upon the Bill.

S. 378--OBJECTION WITHDRAWN

Rep. ROBINSON withdrew his objection to S. 378 however, other objections remained upon the Bill.

S. 1213--OBJECTION WITHDRAWN

Rep. KNOTTS withdrew his objection to S. 1213 however, other objections remained upon the Bill.

S. 378--OBJECTION WITHDRAWN

Rep. SANDIFER withdrew his objection to S. 378 however, other objections remained upon the Bill.

Printed Page 4151 . . . . . Thursday, May 23, 1996
OBJECTION TO RECALL

Rep. MASON asked unanimous consent to recall S. 760 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. WALKER asked unanimous consent to recall H. 4263 from the Committee on Ways and Means.

Rep. ROBINSON objected.

S. 1049--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. ALLISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.

OBJECTION TO RECALL

Rep. McELVEEN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.

Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall S. 974 from the Committee on Education and Public Works.

Rep. SIMRILL objected.

OBJECTION TO RECALL

Rep. TUCKER asked unanimous consent to recall S. 265 from the Committee on Judiciary.

Rep. T. BROWN objected.

OBJECTION TO RECALL

Rep. FLEMING asked unanimous consent to recall H. 4571 from the Committee on Ways and Means.

Rep. T. BROWN objected.

Printed Page 4152 . . . . . Thursday, May 23, 1996
OBJECTION TO RECALL

Rep. WELLS asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.

Rep. SCOTT objected.

ACTING SPEAKER CATO IN CHAIR

LEAVE OF ABSENCE

ACTING SPEAKER CATO granted Rep. CAVE a leave of absence for the remainder of the day.

MOTION NOTED

Rep. LANFORD moved to reconsider the vote whereby H. 3446 was continued and the motion was noted.

LEAVE OF ABSENCE

ACTING SPEAKER CATO granted Rep. NEILSON a leave of absence for the remainder of the day because of a prior commitment to meet with a group of agency department leaders in Darlington County to form a coordinating council.

H. 3962--FREE CONFERENCE POWERS REJECTED

Rep. DELLENEY moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS,

Printed Page 4153 . . . . . Thursday, May 23, 1996
AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Reps. VAUGHN, COBB-HUNTER, SCOTT and ROGERS spoke against granting free conference powers.

Rep. BAXLEY spoke upon granting free conference powers.

Reps. D. SMITH, RICHARDSON, WILKINS and HODGES spoke in favor of granting of free conference powers.

The yeas and nays were taken resulting as follows:

Yeas 75; Nays 17

Those who voted in the affirmative are:

Allison              Boan                 Brown, H.
Cain                 Canty                Carnell
Cato                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Hodges               Hutson
Jaskwhich            Jennings             Kelley
Keyserling           Kirsh                Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
McAbee               McCraw               McElveen
McKay                Meacham              Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Sharpe               Shissias
Simrill              Smith, D.            Smith, R.
Printed Page 4154 . . . . . Thursday, May 23, 1996
Spearman             Stille               Stuart
Townsend             Tripp                Trotter
Tucker               Waldrop              Walker
Wells                Whatley              Wilder
Wilkins              Witherspoon          Wofford
Wright               Young                Young-Brickell

Total--75

Those who voted in the negative are:

Anderson             Breeland             Brown, T.
Cobb-Hunter          Hines, J.            Hines, M.
Howard               Lloyd                McMahand
McTeer               Moody-Lawrence       Neal
Rogers               Scott                Vaughn
Whipper, L.          White

Total--17

So, Free Conference Powers were rejected.

RECORD FOR VOTING

I am in favor of judicial reform and in favor of giving conferees free conference powers.

Rep. DENNY W. NEILSON

SPEAKER IN CHAIR

H. 3961--FREE CONFERENCE POWERS REJECTED

Rep. DELLENEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO

Printed Page 4155 . . . . . Thursday, May 23, 1996
ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR
Printed Page 4156 . . . . . Thursday, May 23, 1996
APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

The yeas and nays were taken resulting as follows:

Yeas 74; Nays 18

Those who voted in the affirmative are:

Allison              Boan                 Brown, H.
Cain                 Canty                Carnell
Cato                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Hodges               Hutson
Jaskwhich            Jennings             Kelley
Kirsh                Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McAbee
McCraw               McElveen             McKay
Meacham              Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Tucker
Waldrop              Walker               Wells
Whatley              Wilder               Wilkins
Printed Page 4157 . . . . . Thursday, May 23, 1996
Witherspoon          Wofford              Wright
Young                Young-Brickell

Total--74

Those who voted in the negative are:

Anderson             Breeland             Brown, J.
Brown, T.            Byrd                 Cobb-Hunter
Hines, J.            Hines, M.            Howard
Lloyd                McMahand             McTeer
Moody-Lawrence       Rogers               Scott
Vaughn               Whipper, L.          White

Total--18

So, Free Conference Powers were rejected.

RECORD FOR VOTING

I wish to be recorded as being against free conference powers for H. 3961.

Rep. LUCILLE S. WHIPPER

LEAVE OF ABSENCE

The SPEAKER granted Rep. McELVEEN a leave of absence for the remainder of the day.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:15 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. FELDER the invitation was accepted.

ACTING SPEAKER CATO IN CHAIR
Printed Page 4158 . . . . . Thursday, May 23, 1996
H. 4584--DEBATE ADJOURNED

Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Senate amendments.

H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.

Rep. YOUNG-BRICKELL moved to adjourn debate upon the Senate amendments, which was adopted.

H. 4372--DEBATE ADJOURNED

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

H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.

Rep. LANFORD explained the Senate amendments.

Rep. BAXLEY spoke against the Senate amendments, and moved to adjourn debate upon the Senate amendments until Tuesday, May 28, which was adopted.

H. 3845--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

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

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH

Printed Page 4159 . . . . . Thursday, May 23, 1996
COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.

Reps. TUCKER and LIMBAUGH proposed the following Amendment No. 1A (Doc Name P:\amend\BBM\10886AC.96), which was adopted.

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

/SECTION . Section 14-7-130 of the 1976 Code, as last amended by Section 256 of Act 181 of 1993, is further amended to read:

"Section 14-7-130. In November of every year, the Department of Revenue and Taxation shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December of every year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging from the list of registered voters in the county. with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Revenue and Taxation and State Election Commission in implementing this section must be borne by these agencies it."/

Renumber sections to conform.

Amend title to conform.

Rep. LIMBAUGH explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

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