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| H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.
On motion of Senator MOORE, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Senator PEELER moved that the Joint Resolution be made a Special Order.
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Giese Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill* Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
Reese
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Joint Resolution was made a Special Order.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE
Senator MOORE asked unanimous consent to make a motion that the Joint Resolution be given a third reading.
Senator RICHTER objected.
At 12:15 P.M., Senator MARTIN assumed the Chair.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND argued contra to the third reading of the Bill.
With Senator LAND retaining the floor, at 12:37 P.M., on motion of Senator COURTNEY, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 12:40 P.M., the Senate resumed.
On motion of Senator DRUMMOND, with unanimous consent, consideration was interrupted by adjournment, with Senator LAND retaining the floor.
On motion of Senator BOAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Vera Boan Mixon of Cheraw, S.C., who passed away on Monday, May 6, 1996.
Senator DRUMMOND moved that when the Senate adjourns on Friday, May 10, 1996, it stand adjourned to meet next Tuesday, May 14, 1996, at 12:00 Noon, which motion was adopted.
At 12:40 P.M., on motion of Senator DRUMMOND, 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.
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 COURSON.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.
(By prior motion of Senator HOLLAND, with unanimous consent)
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
(By prior motion of Senator SALEEBY, with unanimous consent)
H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.
(By prior motion of Senator HOLLAND, with unanimous consent)
H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.
(By prior motion of Senator HOLLAND, with unanimous consent)
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 453 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-70 SO AS TO PROVIDE THAT ANY SCHOOL DISTRICT OF THIS STATE MAY PURCHASE SCHOOL TEXTBOOKS ALREADY APPROVED BY THE DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL USE
(By prior motion of Senator ROSE, with unanimous consent)
On motion of Senators WILSON and SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Donald A. Duncan of West Columbia, S.C.
At 11:35 A.M., on motion of Senator GIESE, the Senate adjourned to meet next Tuesday, May 14, 1996, at 12:00 Noon.
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, hear a word from the Gospel of St. John, Chapter 7:6 (NRSV):
"Jesus said to them,
`My time has not yet come,
But your time is always here'."
Let us pray.
Our Father, we pray for a multitude of humans who are suffering these days: the families of the 109 people who fell out of the sky in an airplane that is still buried in the mud of Florida's swamp, the blood bath of Liberia and other places on earth!
O Thou the God of Sinai and of Galilee, the cynics of our day have sought to rob us of the shining glow of the world above, where You are!
The skeptics have dimmed our view of Thee of the world beyond this place of tears and grief.
Amid the tumults and uncertainties of our time help us to make our hearts quiet sanctuaries for Your Spirit.
May we be able to keep alive our faith in You, so that we may not be surprised, or unprepared for the miracle of Your GRACE in the affairs of nations, when suddenly we come to better times.
In the Name of the Lord of Life we pray. Amen.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell Mescher Moore O'Dell Passailaigue
Patterson Peeler Richter Rose Russell Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Waldrep Washington WilsonA quorum being present, the Senate resumed.
Senators RANKIN, REESE, SHORT, McGILL and GLOVER recorded their presence subsequent to the Call of the Senate.
TO: The Clerk of the Senate
The Clerk of the House
FROM: F.G. Delleney, Jr., Chairman
Judicial Screening Committee
DATE: May 13, 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
Date Draft Report Issued:Friday, May 10, 1996
Date and Time Final Report Issued:Tuesday, May 14, 1996 -- 12:00 Noon
Judicial Candidates are not free to seek or accept commitment until May 14, 1996 at 12:00 noon.
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, 11 candidates qualified for judicial office and, by a split vote, 1 candidate 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.
The Joint Committee recently 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 Supreme Court and Court of Appeals for his or her experience in the areas of criminal, civil, and domestic law since those are the cases that would generally be heard by members of those courts. Candidates for the Circuit Court were asked to provide evidence of their experience in civil and criminal law. Finally, candidates for the Family Court were asked to detail their level of practice in five areas of domestic law. Those areas are divorce and equitable division, child custody, adoption, abuse and neglect, and juvenile justice. 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;
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