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The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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, 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
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. It is proposed that Article V, Section 15 of the Constitution of South Carolina, 1895, be amended to read:
"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the Circuit Court circuit court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of at least twenty-six thirty-two years, has not been a licensed attorney at law for at least five eight years, and has not been a resident of this State for five years next preceding his election.
Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future reelections to that judicial office."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the circuit court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to eight the number of years which a person must have been a licensed attorney at law in order to be eligible for election to these offices, and to provide that any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or
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'."
SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:
"Section 27. In addition to the qualifications for circuit court and Court of Appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.
No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection commission to nominate candidates for election to judicial positions on the courts of this State which are filled by
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'."
Amend title to conform.
/s/Glenn F. McConnell /s/F. G. Delleney, Jr.
/s/Thomas L. Moore /s/William Douglas Smith
/s/John E. Courson /s/Ronald N. Fleming
On Part of the Senate.On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I was in the Senate Chamber when H. 3962 was given two-thirds affirmative vote for consideration of the Conference Report. I was following my Convicted Felon Bill on the Senate floor. Had I been here, I would have voted in favor of Free Conference like I did earlier as well as having voted in favor of the Conference Report.
Rep. JAMES L.M. CROMER, JR.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and
Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT
AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME
INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER
INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL
SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A
PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF
RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18
SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO
ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT
STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE
AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS
TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE
FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A
MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL
REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND
OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO
DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE
COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF
"RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED,
RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE
AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
/Section 16-3-1535. General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the State grants crime victims in criminal cases that lists the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530./
Amend the bill further, as and if amended, by striking SECTION 8 and inserting:
/SECTION 8. Implementation of the changes in law effectuated by this act to Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 of the 1976 Code and the requirements thereunder or in any new provisions of law contained herein which would necessitate funding are contingent upon appropriations of sufficient funding by the General Assembly. Nothing herein shall relieve the various agencies and authorities within the offices of the respective clerks of court or judicial, correctional, and parole systems of this State from continuing to meet, enforce, and address those provisions of law related to restitution in effect prior to the enactment hereof./
Amend title to conform.
/s/David L. Thomas /s/William F. Cotty
/s/Darrell Jackson /s/Jerry N. Govan, Jr.
/s/Larry A. Martin /s/Sandra S. Wofford
On Part of the Senate.On Part of the House.
Rep. WOFFORD explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. YOUNG-BRICKELL 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 following was received from the Senate.
Columbia, S.C., May 23, 1996
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. 943:
S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman,
Mescher and Hayes: A JOINT RESOLUTION TO AMEND SECTION 2-1-180 OF THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE
GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY
ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN
JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR
THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE
APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH
THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE
DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN
MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD
READING.
Very respectfully,
President
On motion of Rep. KNOTTS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HODGES, FELDER and KNOTTS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
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
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Beck Boan Brown, H. Cain Cato Chamblee Cooper Dantzler Davenport Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Kelley Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Mason McAbee McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Waldrop Walker Whatley
Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Delleney Harris, P. Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kinon Kirsh Lee Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Simrill Stoddard Tucker Whipper, S. White Wilder Wright
So, the motion to adjourn debate was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.
Rep. J. BROWN explained the Bill.
Rep. WILKINS moved to adjourn debate upon the following Bill, which was adopted.
S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
The motion of Rep. LANFORD to reconsider the vote whereby the following Bill was continued was taken up.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. SHARPE moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Boan Brown, G. Brown, H. Brown, J. Chamblee Cooper Dantzler Delleney Easterday Felder Fleming Gamble Harris, P. Hines, J. Inabinett Kinon Kirsh Koon Law Littlejohn Lloyd Loftis McAbee McCraw McKay Neilson Phillips Quinn Rhoad Rice Riser Robinson Sharpe Spearman Stoddard Stuart Townsend Trotter
Vaughn Waldrop Walker Wilder Wilkins Witherspoon Wofford
Those who voted in the negative are:
Anderson Baxley Beck Breeland Byrd Canty Cato Cave Clyburn Cotty Cromer Davenport Govan Hallman Harrell Harris, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Kelley Keyserling Klauber Lanford Lee Limbaugh Limehouse Martin Mason McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Stille Tucker Whatley Whipper, S. White Williams Wright Young Young-Brickell
So, the House refused to table the motion to reconsider.
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