Journal of the Senate
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 1230 . . . . . Thursday, March 21, 1996
/(4) developing policies and guidelines for school districts to notify the State Board of Education of the anticipated times of expenditures from district allotments for school facilities funding under this chapter;/

Amend the bill further, as and if amended, page 9, by striking lines 27 through 32, and inserting the following:

/(5) use such state funds as appropriated by the General Assembly for the purposes of this chapter; and

(6) do all things necessary or convenient to carry out the purposes of this chapter. /

Amend the bill further, as and if amended, beginning on page 10, line 14, by striking lines 14 through 43, and by striking pages 11, 12, 13, and on page 14 by striking lines 1 through 14 except for / " /.

Amend title to conform.

On motion of Senator SETZLER, with unanimous consent, the amendment was adopted and the Clerk was authorized to make such editorial changes as may be necessary to conform the Bill to the Ruling of the PRESIDENT.

Amendment No. 6

Senators PASSAILAIGUE, McGILL, O'DELL, RICHTER, SHORT, ROSE and McCONNELL proposed the following Amendment No. 6 (1117R018.ELP), previously printed in the Journal of Tuesday, March 19, 1996, which was withdrawn.

Senator PASSAILAIGUE explained the amendment.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 6 was withdrawn.

Amendment No. 7

Senator PASSAILAIGUE proposed the following Amendment No. 7 (1117R021.ELP), which was ruled out of order:

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

/SECTION . Notwithstanding any other provision of law to the contrary, and notwithstanding the procedures of Section 119 of Part II of Act 145 of 1995, the reimbursements to be made to taxing entities under Section 119 of Part II of Act 145 of 1995 shall be based and allocated on a per-pupil basis using the weighted pupil units for the taxing entity and the county auditor shall establish the amount of the special property tax

Printed Page 1231 . . . . . Thursday, March 21, 1996
exemption for eligible property in the county as set forth in Section 119 of Part II of Act 145 of 1995./

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Point of Order

Senator WILSON raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators PASSAILAIGUE, LEATHERMAN, BRYAN and McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator PASSAILAIGUE, with unanimous consent, was granted leave to address brief remarks to the body.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION NOT CONSIDERED

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA; TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS; TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND

Printed Page 1232 . . . . . Thursday, March 21, 1996
REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION. (Abbreviated Title)

Senator SETZLER moved that the Bill be made a Special Order.

Senator McCONNELL argued contra to the motion.

Senator McCONNELL moved that the Senate stand adjourned.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 20

AYES
Boan                Fair                Ford
Leatherman          Leventis            Matthews
McConnell           McGill              Mescher
Moore               O'Dell              Passailaigue
Patterson           Reese               Richter
Rose                Ryberg              Saleeby
Short               Smith, J.V.         Thomas
Waldrep             Wilson
TOTAL--23

NAYS
Alexander            Bryan                Cork
Courson              Courtney             Drummond
Elliott              Giese                Glover
Gregory              Hayes                Holland
Land                 Lander               Martin
Peeler               Rankin               Setzler
Smith, G.            Washington
TOTAL--20

The motion to adjourn was adopted.

Printed Page 1233 . . . . . Thursday, March 21, 1996
LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Horry County Master-in-Equity, with term to commence July 31, 1991, and to expire July 31, 1997:

Honorable James Stanton Cross, Jr., 1040 Chelsey Circle, Conway, S.C. 29526 VICE John L. Breeden, Jr. (resigned)

Having received a favorable report from the Pickens County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Pickens County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Ernest David Forest, Sr., 202 Wellington Road, Easley, S.C. 29642-3412 VICE Stephen B. Gravely (resigned)

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 22, 1996, it stand adjourned to meet next Tuesday, March 26, 1996, at 12:00 Noon, which motion was adopted.

MOTION ADOPTED

On motion of Senator JACKSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Laura Toliver "Mother" Jefferson of Richland County, S.C.

ADJOURNMENT

At 1:35 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *

Printed Page 1234 . . . . . Friday, March 22, 1996
Friday, March 22, 1996

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator JACKSON.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4721 -- Reps. Davenport and Littlejohn: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.

(By prior motion of Senator RUSSELL)

H. 4747 -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.

(By prior motion of Senator RUSSELL)

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 1273 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE

Printed Page 1235 . . . . . Friday, March 22, 1996
DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

(By prior motion of Senator ROSE)

S. 1274 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO ESTABLISH A UNIFORM FILING PERIOD FOR CANDIDATES FOR TRUSTEES TO THE SCHOOL BOARDS IN YORK COUNTY SCHOOL DISTRICTS 1, 2, 3, AND 4.

(By prior motion of Senator HAYES)

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 1285 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-2415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX, SO AS TO PROHIBIT THE TRAPPING OF GRAY FOXES IN GAME ZONE NINE THROUGH THE USE OF NUMBER TWO OR SMALLER RUBBER PADDED FOOT-HOLD TRAPS.

(By prior motion of Senator McGILL, with unanimous consent)

ADJOURNMENT

At 11:32 A.M., on motion of Senator PATTERSON, the Senate adjourned to meet next Tuesday, March 26, 1996, at 12:00 Noon.

* * *

Printed Page 1236 . . . . . Tuesday, March 26, 1996
Tuesday, March 26, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, let us begin a new week in the spirit of the Psalmist who said in Psalm 146 (vv.1-2,5) (NRSV):

"Praise the Lord!

Praise the Lord, O my soul!

I will praise the Lord as long

as I live...

Happy are those whose help is the

God of Jacob,

Whose hope is in the Lord their God..."
Let us pray.

O God our Father, deliver us this day:

From all weakness of will;

From the indecision which cannot make up its mind;

From the inability to say "No" to the tempting voices which come to us from inside and from outside;

From being too easily discouraged;

From giving up and giving in too soon.

Give us, O Lord, determination, steadfastness and perseverance, as ones who have found favor in Your sight!

Amen!

Printed Page 1237 . . . . . Tuesday, March 26, 1996
REPORT RECEIVED

JOINT LEGISLATIVE

COMMITTEE FOR JUDICIAL SCREENING

TO: The Clerk of the Senate

The Clerk of the House
FROM: F.G. Delleney, Jr., Chairman

Judicial Screening Committee
DATE: March 26, 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,
Representative F.G. Delleney, Jr., Chairman
Senator Glenn F. McConnell, 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, March 22, 1996
Date and Time Final Report Issued: Tuesday, March 26, 1996 --

12:00 Noon

Judicial Candidates are not free to seek or accept commitment until March 26, 1996, at 12:00 Noon.

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 all of the 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 1238 . . . . . Tuesday, March 26, 1996
Since June of 1995, the Joint Committee has implemented some changes to its screening format. The Joint Committee has asked candidates offering for the Supreme Court, Court of Appeals, and Circuit Court their views on constitutional interpretation and sentencing philosophy. These questions were asked in an effort to provide the members of the General Assembly more information about candidates and their thought processes. These questions should not suggest that the Joint Committee believes that there are right or wrong answers to those questions. The Joint Committee has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office they are seeking. The Joint Committee has attempted to ask each candidate offering for the Court of Appeals for his experience in the areas of criminal, civil, and domestic law since those are the cases that would generally be heard by members of this court. The Joint Committee feels that candidates should have familiarity with the subject matter of the court for which they offer. In assessing each candidate's performance on the practice and procedure questions, the Joint Committee has placed candidates in one of three categories: failed to meet expectations, met expectations, or exceeded expectations. The Joint Committee feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.

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) study of appellate record;
(10) investigation of complaints.

Printed Page 1239 . . . . . Tuesday, March 26, 1996
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 Beth Atwater at 734-4851.

This report conveys the Joint Committee's findings as to the qualifications of all candidates currently offering for election to the Court of Appeals.

Gary E. Clary

Court of Appeals, Seat 2

Joint Committee's Finding:Qualified

Judge Clary was screened on March 20, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:

(1) Integrity and Impartiality:

The Joint Committee's investigation did not reveal any evidence of unethical conduct. The input the Joint Committee received from its own survey and the report of the Bar was that Judge Clary's character, integrity, and reputation are outstanding.

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