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 430, Feb. 1 | Printed Page 450, Feb. 6 |
Printed Page 440 . . . . . Thursday, February 1, 1996
H. 4474--AMENDED AND ORDERED TO THIRD READING

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

H. 4474 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

Reps. TOWNSEND and KELLEY proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3490HTC.96), which was adopted.

Amend the bill, as and if amended, page 3, by striking SECTION 5 and inserting:

/SECTION 5. This act takes effect July 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KELLEY explained the amendment.

The amendment was then adopted.

Rep. KELLEY explained the Bill.

Reps. GOVAN and CAVE spoke against the Bill.

LEAVE OF ABSENCE

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

Printed Page 441 . . . . . Thursday, February 1, 1996
Reps. McTEER, WILKES and HODGES spoke against the Bill.

Rep. SEITHEL proposed the following Amendment No. 3, which was tabled.

Delete SECTION 2.

Rep. SEITHEL explained the amendment.

Rep. TOWNSEND moved to table the amendment, which was agreed to by a division vote of 73 to 14.

Rep. G. BROWN spoke against the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 59; Nays 51

Those who voted in the affirmative are:

Allison              Brown, H.            Cain
Cato                 Chamblee             Cooper
Cotty                Dantzler             Davenport
Easterday            Felder               Fleming
Fulmer               Gamble               Harrell
Harris, P.           Haskins              Herdklotz
Hutson               Keegan               Kelley
Keyserling           Kirsh                Klauber
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           McKay
Meacham              Phillips             Quinn
Rice                 Richardson           Robinson
Sandifer             Sharpe               Simrill
Smith, R.            Spearman             Stille
Stoddard             Stuart               Thomas
Townsend             Tripp                Trotter
Vaughn               Wells                Whatley
Wilkins              Witherspoon          Wofford
Worley               Young-Brickell

Total--59
Printed Page 442 . . . . . Thursday, February 1, 1996
Those who voted in the negative are:
Anderson             Baxley               Boan
Breeland             Brown, G.            Brown, J.
Brown, T.            Byrd                 Canty
Carnell              Cave                 Clyburn
Cobb-Hunter          Cromer               Delleney
Govan                Hallman              Harris, J.
Harrison             Harvin               Hines, J.
Hines, M.            Hodges               Howard
Inabinett            Jennings             Kennedy
Knotts               Lee                  Lloyd
Mason                McAbee               McCraw
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Neilson
Riser                Rogers               Scott
Seithel              Shissias             Waldrop
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Young

Total--51

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

RECORD FOR VOTING

On February 1, I inadvertently voted in favor of H. 4474 as I am opposed to this Bill and have placed an objection to it.

Rep. RICHARD M. QUINN, JR.

Rep. FELDER moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 11:59 A.M. the House in accordance with the motion of Rep. L. WHIPPER adjourned in memory of Maud Pendergrass Pride of Columbia, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 443 . . . . . Friday, February 2, 1996
Friday, February 2, 1996

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God, Guardian of our lives, be with us not only during these moments of prayer but during our working hours as well. Quicken within us noble impulses, worthy purposes and wise actions. Give us hearts free from malice and filled with charity and good will. If we have offended any of our fellow beings or underrated Your forgiveness, have mercy on us. If we have mistrusted Your guidance, distorted Your power or ignored Your beckoning, good Lord, forgive. If we have squandered time, avoided challenges or misused people, forgive us. Move amongst us to give understanding and strength for all our days and for every experience.

May we use this day to honor and hallow Your Name. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 730 -- Senator Moore: A BILL TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITY FOR RESPIRATORY CARE PROGRAMS, SO AS TO PROVIDE THAT THIS AUTHORITY MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD.

S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF PHYSICAL THERAPISTS, SO AS TO ESTABLISH THE PASSING SCORE FOR EXAMINATIONS.

Printed Page 444 . . . . . Friday, February 2, 1996
S. 759 -- Senator Moore: A BILL TO AMEND SECTION 40-36-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL THERAPIST LICENSURE AND USE OF THAT TITLE, SO AS TO DELETE THE PROVISIONS REGARDING ISSUANCE OF CERTIFICATES OF LICENSURE TO FOREIGN TRAINED PERSONS.

S. 468 -- Senator Hayes: A BILL TO AMEND SECTION 8-21-310(11), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.

S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.

SENT TO THE SENATE

The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Printed Page 445 . . . . . Friday, February 2, 1996
H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ADJOURNMENT

At 10:30 A.M. the House in accordance with the ruling of the Speaker adjourned to meet at 12:00 Noon, Tuesday, February 6.

* * *

Printed Page 446 . . . . . Tuesday, February 6, 1996
Tuesday, February 6, 1996

(Statewide Session)

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:

Thank You, Lord, for this another day, an unearned gift from Your good and gracious hand. May we use well its opportunities.

Give us vision enough to see Your way,

Hope enough to get us through the day,

And love enough, come what may.

Save us from making the same mistake over and over, from yielding to the same temptation time after time, and from doing the things we should not until a habit is formed we cannot break. Spare us from expecting too much and from accepting too little. Be present with us every hour that, when evening comes, we may have the contentment of tasks completed and duty done.

Hear us as we pray in praise and thanksgiving. 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.

MOTION ADOPTED

Rep. NEILSON moved that when the House adjourns, it adjourn in memory of Harold Brasington, founder of Darlington Raceway, which was agreed to.

Printed Page 447 . . . . . Tuesday, February 6, 1996
REPORT RECEIVED

JOINT LEGISLATIVE

COMMITTEE FOR JUDICIAL SCREENING

TO: The Clerk of the Senate

The Clerk of the House
FROM: Glenn F. McConnell, Chairman

Judicial Screening Committee
DATE: February 5, 1996

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Senator Glenn F. McConnell, Chairman
Representative F. Greg Delleney, Jr., Vice-Chairman
Senator Edward E. Saleeby
Senator Thomas L. Moore
Senator John R. Russell
Representative Ralph W. Canty
Representative William Douglas Smith
Representative L. Hunter Limbaugh

Report of Candidate Qualifications

Date Draft Report Issued: Friday, February 2, 1996
Date and Time Final Report Issued: Tuesday, February 6, 1996 -- 12:00 P.M.

Judicial candidates are not free to seek or accept

commitment until February 6, 1996

at 12:00 P.M.

Summary Chart

The following charts include a list of all candidates. If the candidate has a "*" symbol under a category (i.e. Legal Ability), that symbol indicates that the Joint Committee expressed concern about the candidate in that area. The placement of a "*" symbol is not, in and of itself, an indication of a candidates' failure to comply with the Committee's established criteria.

Printed Page 448 . . . . . Tuesday, February 6, 1996
Supreme Court Candidates

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experience Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Ervin Qualified.                       *
Toal Qualified             *         *

Court of Appeals Candidates

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Anderson, Jr. Qualified
Gray Qualified
Hinds Qualified
Howard Qualified
Huff Qualified
Lightsey Qualified
Shine Qualified
Simmons Qualified
Stilwell Qualified

3rd Judicial Circuit Candidate

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
King Qualified

Circuit Court At-Large, Seat 11, 12, and 13 Candidates

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Alford Qualified
Armstrong Qualified           *  
Barber Qualified
Breeden Qualified
Brogdon Qualified
Cofield Qualified
Dillard Maj. Qual.
  Min. Unqual.   *       *  
DuTremble Qualified
Jones Qualified           *  
Kittredge Qualified
Nicholson Qualified
Reddix-Smalls Maj. Qual.
  Min. Unqual.             *         *
Saunders Qualified
Williams Qualified

Printed Page 449 . . . . . Tuesday, February 6, 1996
Family Court Candidates

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Abbott Qualified
Bartlett Qualified           *
B. Brown Qualified
Tim Brown Qualified
Davis Qualified           *
Dover Qualified
Gaddy Qualified
Hamilton Qualified           *
Jefferson Qualified
Jenkins Qualified
A. Johnson Qualified
S. Johnson Qualified
Landis Qualified
Mann Qualified
Pendleton Qualified           *
Query Qualified
Soderlund Qualified
Spruill Qualified

Administrative Law Judge Candidate

Candidate Findings Const. Qual. Prac. & Proc. Comp. With Canons Know. of Canons Legal Abil. Experi-
ence 		Temper-
ament 		Diligence Physical Capacity Finan
Respon
sibility 		Pub. Service Ethics
 
Anderson, III Qualified

The following candidates' performance on the practice and procedure questions exceeded expectations:

Jean H. Toal

Ralph K. Anderson, Jr.

William L. Howard

Wallace K. Lightsey

John W. Kittredge

James A. Spruill, III

Timothy L. Brown

Bobby H. Mann, Jr.

Introduction

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, by unanimous vote, 43 candidates qualified for judicial office and, by a split vote, 2 candidates qualified for judicial office. 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.

| Printed Page 430, Feb. 1 | Printed Page 450, Feb. 6 |
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