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 and gracious God, Whose mercy is like the wideness of the sea and Whose blessings are as uncountable as the stars in the sky, cause us to know that You are always in reach of those who seek. Remove from our vision the opaque things that blind us to Your light. Make us to esteem true discipleship above the praise of our fellowmen. Save us from shirked responsibility. Arm us with the determination to resist evil. Beyond the debris of the trifling, may our eyes see clearly Your truths, and may we follow after those truths all the days of our lives.
Lord, in Your mercy, hear our prayer. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. PINCKNEY moved that when the House adjourns, it adjourn in memory of Cicero Johnson of Marion, which was agreed to.
MEMORANDUM TO: Clerk of the House
Clerk of the Senate
RE: Committee Hearings
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Coastal Carolina University (8 Seats)
Mr. Delan Stevens (Conway) Seat 2, 1st Congressional District
Dr. James F. Kane (Columbia) Seat 4, 2nd Congressional District
Mr. William L. Lyles, Jr. (Anderson) Seat 6, 3rd Congressional District
Mr. Keith S. Smith (Greer) Seat 8, 4th Congressional District
Mr. Robert D. Brown (Camden) Seat 10, 5th Congressional District
Mrs. Cathy Harvin (Summerton) Seat 12, 6th Congressional District
Mr. Dean Hudson (Conway) Seat 14 at-large
Mr. Joseph O. Burroughs, Jr (Conway) Seat 15 at-large
Mr. J. Egerton Burroughs (Surfside Beach) Seat 15 at-large
Mr. Richard Harrington (Myrtle Beach) Seat 15 at-large
South Carolina State University (4 Seats)
Dr. James W. Sanders (Gaffney) Seat 5, 5th Congressional District
Ms. Jannette Henry (Winnsboro) Seat 5, 5th Congressional District
Mr. Edwin Givens (Charleston) Seat 6, 6th Congressional District
Ms. Angela G. Brown (Columbia) Seat 6, 6th Congressional District
Mr. Stephon Edwards (Orangeburg) Seat 8 at-large
Mr. Jim Furtick (Orangeburg) Seat 8 at large
Mr. Warren Darby (Columbia) Seat 8 at-large
Mrs. Theresa Counts-Davis (W. Columbia) Seat 8 at-large
Mr. J. D. Hydrick (Orangeburg) Seat 8 at-large
Dr. James A. Boykin (Lancaster) Seat 10 at-large
Mr. William Clinkscales (Clemson) Seat 10 at-large
Mr. Ellis Rogers (Cheraw) Seat 10 at-large
Wil Lou Gray Opportunity School (4 Seats)
Ms. Clotilda D. Diggs (Florence) at-large
Mr. Russell Hart (Laurens) at-large
Ms. Elizabeth Thrailkill (Fort Lawn) at-large
Ms. Jennalyn Dalrymple (Blythewood) at-large
Mr. Dan Smith (Gaffney) at-large
Mr. Robert Moeller (Columbia) at-large
TO: The Clerk of the Senate
The Clerk of the House
FROM: Glenn F. McConnell, Chairman
Judicial Merit Selection Commission
DATE: April 1, 1997
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. G. Delleney, Jr., Vice-Chairman
Senator Edward E. Saleeby
Senator Thomas L. Moore
Representative Ralph W. Canty
Representative William Douglas Smith
Harry M. Lightsey, Jr., Esquire
Judge Curtis G. Shaw
Irma R. Pringle, Esquire
Nick Fisher, Esquire
Date Draft Report Issued: Wednesday, March 26, 1997
Date and Time Final Report Issued: Tuesday, April 1, 1997 - 12:00 noon
The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. The Commission has carefully investigated the candidates currently set for screening and found 20 candidates qualified for judicial office and no candidates not qualified for judicial office. This report details the reasons for the Commission's findings and each candidate's qualifications as they relate to the Commission's evaluative criteria.
Since the release of the last screening report, the Judicial Merit Selection Commission was enacted. The Commission is composed of ten members, and for the first time four of those members are non-legislators. The Commission has continued the more in-depth screening format
started previously. The Commission has asked candidates offering for the Circuit Court their views on sentencing philosophy for different categories of individuals. 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 Commission believes that there are right or wrong answers to those questions. The Commission 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. Candidates for the Circuit Court were asked to provide evidence of their experience in civil and criminal law. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer. In assessing each candidate's performance on the practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or the "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.
The Commission has also created the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. The Commission was concerned that since the decisions of our judiciary play such an important role in people's personal and professional lives that all South Carolinians should have a voice in the selection of those judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These committees composed of people from across the societal spectrum (doctors, lawyers, teachers, businessmen, and advocates; members of these committees are also diverse in their racial and gender backgrounds) were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its area and then others in that region who were familiar with the candidate either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on their candidates based on the Commission's evaluative criteria. The Commission then used these reports from the committees as a tool for further investigation of the candidate if the committee's report so warranted.
The Commission 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 Commission's investigation focuses on its evaluative criteria. These evaluative criteria include the following: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation; physical health; mental health; and judicial temperament. The Commission'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) court schedule study;
(10) study of appellate record;
(11) court observation; and
(12) investigation of complaints.
While the law provides that the Commission is to make findings as to qualifications, the Commission 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 Commission 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 Commission 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 Commission 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 John Hazzard at 212-6610 or Beth Atwater at 734-3125.
This report conveys the Commission's findings as to the qualifications of all candidates currently offering for election to the Court of Appeals and Circuit Court.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Howell meets the qualifications prescribed by law for continued judicial service.
Judge Howell was born on March 8, 1941. He is 56 years old. Judge Howell has been a resident of South Carolina for at least the immediate past five years, and has been a licensed attorney in South Carolina since 1967.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Howell.
Judge Howell demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts or ordinary social hospitality, and recusal.
Judge Howell owns a 1/8 interest in 3,382 acres of mostly inherited real estate that periodically sells timber.
Judge Howell reported he was a member of the following bar associations:
(a) American Bar Association
(b) South Carolina Bar Association
(c) Colleton County Bar Association
Judge Howell listed the following organizations of which he is currently or has been a member:
(a) Clemson Alumni Association
Judge Howell testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Howell testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Howell testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Howell to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Howell stated he has attended all CLE and Judicial Conferences as well as four Council of Chief Judges' Seminars. He has also attended the National Judicial College in Reno, Nevada, twice.
Judge Howell has taught courses and CLEs for the South Carolina Bar Association, South Carolina Defense Trial Lawyers Association, Council of Chief Judges meetings, and the Annual Judicial Conference. He has taught CLE Seminars on a variety of subjects including, but not limited to, Ethics, Civility, Workers' Compensation, Post Conviction Relief, Impact Cases, and Appellate Courts. He has organized and presided over South Carolina Court of Appeals seminars and retreats for judges and court employees. He has taught Trial Advocacy to third-year law students at Harvard Law School as a member of the clinical faculty, as well as New Circuit and Family Court Seminars.
(4) Character:
The Commission's investigation of Judge Howell did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Howell did not indicate any evidence of a troubled financial status. Judge Howell has handled his financial affairs responsibly.
The Commission also noted that Judge Howell was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Howell is married with three children, ages 30, 28, and 24. One child is a homemaker and graduate student. Another is a vice president at NationsBank. The youngest is a graduate student.
Judge Howell served in the South Carolina Senate from 1977 to 1979.
(6) Physical Health:
Judge Howell appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Judge Howell appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Howell was admitted to the South Carolina Bar in 1967.
Since his graduation from law school he practiced law from 1967 to 1969 with Thomas M. Howell, Jr. From 1969 to 1979, he practiced in a partnership with Gerald C. Smoak, Auburn J. Bridge, and Lee Ray Moody.
Judge Howell was elected City Recorder for the City of Walterboro and served from 1971-1972. He was elected Circuit Court Judge at-large and served from 1979-1993. He is presently Chief Judge of the Court of Appeals and has served since 1993.
Judge Howell listed his 5 most significant orders or opinion as follows:
(a) Jourdan v. Boggs\Vaughn Contracting, Inc., Op. No. 2559 Filed September 3, 1996.
(b) Byrd v. Stackhouse Sheet Metal Works, 451 S.E.2d 404 (1994).
(c) Koenig v. South Carolina Dept. Of Public Safety, Op. No. 2608 Filed December 23, 1996.
(d) State v. Sarvis, 450 S.E.2d 606 (1994).
(e) Dean v. Kilgore, 437 S.E.2d 454 (1993).
(9) Judicial Temperament:
The Commission believes that Judge Howell's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Howell meets established criteria for the position of Appellate Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Cureton meets the qualifications prescribed by law for continued judicial service. Judge Cureton was born on April 26, 1938. He is 58 years old. Judge Cureton has been a resident of South Carolina for at least the immediate past five years, and has been a licensed attorney in South Carolina since 1967.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Cureton.
Judge Cureton demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Cureton reported that he was a member of the following bar associations:
(a) Richland County Bar Association
(b) South Carolina Bar Association
Judge Cureton listed the following organizations of which he is currently or has been a member:
(a) United Way of the Midlands, Board of Directors and committees;
(b) Boys and Girls Clubs of Midlands, Board of Directors;
(c) The Nurturing Center of Columbia, Secretary and Vice President;
(d) USC Law School Minority Advisory Board;
(e) South Carolina Law Institute;
(f) Phi Alpha Delta Legal Fraternity;
(g) Christian Legal Society, National;
(h) USC Medical School Community Advisory Board.
Judge Cureton testified that he has not :
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Cureton testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Cureton testified that he had campaign expenditures of $57.73.
(3) Professional and Academic Ability:
The Commission found Judge Cureton to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Cureton stated that during the previous five years he has attended all judicial continuing legal education seminars offered. He provided he has also attended several CLEs during this period.
Judge Cureton taught several courses and CLEs, including lecturer at the South Carolina Bar Criminal Law Seminar, lecturer at the Supreme Court and Court of Appeals' South Carolina Appellate Court Judges Seminar, lecturer at the South Carolina Bar's South Carolina Appellate Practice Seminar, and panelist, the South Carolina Bar's Civil Trial Advocacy Bench/Bar Conference. As Staff Judge Advocate of the 120th Army Reserve Command at Fort Jackson, he coordinated and moderated the yearly JAG CLE Seminar for Reserve and National Guard JAG officers. He was also a lecturer at the South Carolina Bar's Basic Elements of Proof in the Family Court, and he presented the Masters-In-Equity portion of the yearly South Carolina Bar's Bridge the Gap Program from 1980-85. Judge Cureton was a lecturer at the Appellate Practice CLE, the South Carolina Bar's Proceedings Before Masters-In-Equity Seminar, and the South Carolina Bar's Substantive and Procedural Law Update and a panel participant at the Appeals, Administrative Procedures & Related Topics CLE.
Judge Cureton was an author of the South Carolina Appellate Practice Handbook and an editor of Marital Litigation in South Carolina.
(4) Character:
The Commission's investigation of Judge Cureton did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Cureton did not indicate any evidence of a troubled financial status. Judge Cureton has handled his financial affairs responsibly.
The Commission also noted that Judge Cureton was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Cureton is married to Vessie Jean Burkins. He has two children, ages 29 and 11. One child is a high school drama teacher and the other is a student.
Judge Cureton served as an officer in the United States Army from 1961-1963. In 1990 he retired from the United States Army Reserve with the rank of Colonel in the JAG Corps.
Judge Cureton was a teacher at McCrorey-Liston High School in Blair, South Carolina from August 1963 to September 1964. He was a social worker for the City of New York on two occasions from June 1960 to February 1961 and from February 1963 until August 1963.
Judge Cureton was appointed by Columbia City Council and served on the Zoning Board of Adjustment for the City of Columbia from 1972-76. He was appointed by the President of the United States and served as Appeals Agent for the Selective Service System from 1970-71.
(6) Physical Health:
Judge Cureton appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Judge Cureton appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Cureton was admitted to the South Carolina Bar in 1967.
After his graduation from law school, Judge Cureton practiced civil poverty law as a staff attorney for the Legal Aid Service Agency from June 1967 to December 1968. From January 1969 until February 1976, he was a solo practitioner in general law with an emphasis on property and business matters. From February 1976 to September 1982, Judge Cureton served as Master-In-Equity for Richland County. He was appointed as special circuit court judge from 1981 to 1982. He served as a Family Court Judge for the Fifth Judicial Circuit from September 1982 until September 1983.
He has served as a associate justice for the Court of Appeals since September 1983.
Judge Cureton listed his five most significant orders or opinions as follows:
(a) Hussey v. Hussey, 280 S.C. 418, 312 S.E.2d 267 (En Banc) (Ct. App. 1984).
(b) Todd v. South Carolina Farm Bureau, 283 S.C. 155, 321 S.E.2d 602 (Ct. App. 1984) Partly quashed, 287 S.C. 140, 36 S.E.2d 472 (1985) (as to one issue only).
(c) Chavous v. Brown, 299 S.C. 398, 385 S.E.2d 206 (Ct. App. 1989), reversed, 296 S.E.2d 98, subsequently affirmed, 409 S.E.2d 356.
(d) Askins v. Firedoor Corp. Of Florida, 281 S.C. 611, 316 S.E.2d 713 (Ct. App. 1989).
(e) Raven v. Greenville County, 315 S.C. 447, 434 S.E.2d 296 (Ct. App. 1993).
(9) Judicial Temperament:
The Commission believes that Judge Cureton's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Cureton meets established criteria for the position of Appellate Court judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Pleicones meets the qualifications prescribed by law for continued judicial service.
Judge Pleicones was born on February 29, 1944. He is 52 years old. Judge Pleicones has been a resident of South Carolina for at least the immediate past five years, and has been a licensed attorney in South Carolina since 1968.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Pleicones.
Judge Pleicones demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Pleicones is a member of a partnership (QUINCUNX) which owns his former law firm's office building. Judge Pleicones stated he was unable to divest himself without serious economic consequences. He recuses himself from all cases involving his former partners.
Judge Pleicones reported that he was a member of the following professional organizations:
(a) South Carolina Bar Association, previously a member of the House of Delegates.
(b) Richland County Bar Association.
(c) South Carolina Woman Lawyers Association.
(d) South Carolina Circuit Judge's Association.
Judge Pleicones listed the following organizations of which he is currently or has been a member:
(a) Charter member (Master of the Bench), John Belton O'Neill Chapter, American Inns of Court;
(b) Board of Commissioners, Columbia Housing Authority;
(c) Board Member, Richland County DSS;
(d) Board Chairperson, Richland County Public Defender Agency;
(e) United Way Palmetto Society;
(f) Order of AHEPA;
(g) WildeWood Country Club
Judge Pleicones testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Pleicones testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Pleicones testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Pleicones to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Pleicones stated that he has attended a wide variety of CLEs and has always exceeded mandatory requirements. Since becoming a judge, he has attended all JCLEs, except two. He attended a National Judicial College course entitled "Children in Court" in October 1993 and a General Jurisdiction course in 1992.
Judge Pleicones has taught several courses and CLEs, including, "Bridge the Gap," through 1995, Ex Parte Communications for the State Bar Association, and the legal segment for "Leadership Columbia." He has presided over numerous Moot Court competitions. And has been a speaker at various civic organizations, including National Verbatim Court Reporters Conference. He was a lecturer at the South Carolina Association of Legal Secretaries on the topic of Circuit Court Rules and a speaker at various CLE programs and at the South Carolina Young Lawyers "Law School for Non-Lawyers" program.
(4) Character:
The Commission's investigation of Judge Pleicones did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Pleicones did not indicate any evidence of a troubled financial status. Judge Pleicones has handled his financial affairs responsibly.
The Commission also noted that Judge Pleicones was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Pleicones is married and has two daughters. One is 27 years old and works for Companion Life. One is 24 years old and is a graduate student.
Judge Pleicones indicated his last Martindale-Hubbell rating was an "AV".
Judge Pleicones has served in the United States Army since 1968. He is presently a colonel in the Reserves.
(6) Physical Health:
Judge Pleicones appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Judge Pleicones appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Pleicones was admitted to the South Carolina Bar in 1968.
Since his graduation from law school, Judge Pleicones was on active duty in the United States Army from November 1968 until March 1973. His legal experience included Chief of Military Justice and Trial Counsel. From March 1973 until February 1975, Judge Pleicones worked as Assistant Public Defender for Richland County. From February 1975 until February 1976, Judge Pleicones was in private practice with the offices of N. Welch Morrisette and an independent contractor with the Richland County Public Defender Agency. From February 1976 until March 1977, Judge Pleicones was the Chief Deputy Public Defender for Richland County. From March 1977 until January 1981, Judge Pleicones was a private practitioner with Harrison and Pleicones. He also served as Assistant County Attorney for Richland County. From January 1981 until June 1991, Judge Pleicones was a partner at Lewis, Babcock, Pleicones & Hawkins. He served as a Municipal Judge for the City of Columbia from September 1982 until March 1988.
Judge Pleicones was elected Circuit Court Judge for the Fifth Judicial Circuit in July 1991.
Judge Pleicones listed his 5 most significant orders as follows:
(a) State of South Carolina, ex rel Michael Carter v. The State of South Carolina, et al. 94-CP-40-1566.
(b) Town of Hilton Head Island, et al v. Earle E. Morris, Jr. et al, 94-CP-40-4442.
(c) Byerly Hospital, et al. v. South Carolina State Health and Human Services Finance Commission, Opinion # 24285, July 24, 1995, affirming his trial ruling.
(d) Neese v. Michelin, et al, Opinion # 2578, South Carolina Court of Appeals, October 14, 1996, affirming his trial ruling.
(e) State v. Jackson, was a spousal sexual criminal jury trial over which he presided. It was the first successful prosecution in the state for this offense.
(9) Judicial Temperament:
The Commission believes that Judge Pleicones temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Pleicones meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Rawl meets the qualifications prescribed by law for continued judicial service.
Judge Rawl was born on January 5, 1946. He is 51 years old. He has been a resident of South Carolina for at least the immediate past five years, and has also been a licensed attorney in South Carolina since 1973.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Rawl.
Judge Rawl demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Rawl reported that he was a member of the following professional organizations:
(a) Charleston County Bar Association;
(b) South Carolina Bar Association;
(c) American Bar Association;
(d) American Judicature Society.
Judge Rawl listed the following organizations of which he is currently or has been a member:
(a) Cancer Society;
(b) Lions Club;
(c) Heart Association.
Judge Rawl testified that he has not:
(a) sought or received the pledge or any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Rawl testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Rawl testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Rawl to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Rawl has attended all facets of CLE/JCLE seminars. He has also attended the National Judicial College and the Army's Military Judges Course.
Judge Rawl has served on the Editorial Committee for "The Law of Workers' Compensation" by B. Maybank; "South Carolina Rules of Evidence" by J. Kahn; and "Cross-Examinations" by W. Moise.
Judge Rawl has taught courses and CLE's, including, the South Carolina Defense Trial Lawyers Convention, 1991-1996, the South Carolina Bar Association Winter Meeting, 1991-1996, the South Carolina Workers' Compensation Educational Conference, as well as several other South Carolina Bar Association Courses, mostly on evidence, rules, and criminal law updates.
(4) Character:
The Commission's investigation of Judge Rawl did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Rawl did not indicate evidence of a troubled financial status. Judge Rawl has handled his financial affairs responsibly.
The Commission also noted that Judge Rawl was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Rawl is married and has two children. The oldest is 27 and is an attorney. The youngest is deceased.
Judge Rawl served in the South Carolina National Guard (Army) from 1968 to 1994. He was a Lieutenant Colonel.
Judge Rawl served in the South Carolina House of Representatives from 1977-79 and 1981-86.
He was appointed to the South Carolina Workers' Compensation Commission and served from 1986-90.
(6) Physical Health:
Judge Rawl appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Judge Rawl appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Rawl was admitted to the South Carolina Bar in 1973.
Since his graduation from law school, he practiced in a general law practice from 1973 to 1981 with Murphy, Rawl & Runey. From 1981 to 1986, he had a general solo practice. From 1986 to 1990, he served on the South Carolina Workers' Compensation Committee as Commissioner. From 1990 to 1991, he worked as a staff attorney for the South Carolina Second Injury Fund.
Judge Rawl was elected to the Circuit Court for the Ninth Judicial Circuit in 1991.
Judge Rawl listed his 5 most significant orders or opinions as follows:
(a) Paul Ross, M.D. v. M.U.S.C., et al., S.C. Court Opinion #24173; heard October 4, 1994, filed December 16, 1995.
(b) A. Karen Kreutner v. Dan David, et al., S.C. Court Opinion #24332; heard April 18, 1995, filed October 16, 1995.
(c) State v. Jason Gourdine, S.C. Court Opinion #24444; heard April 17, 1996, filed June 10, 1996.
(d) Richard H. Coen, et al, v. C. Deas Gadsden, et al, South Carolina Court Opinion #24469; heard June 5, 1996, filed July 22, 1996.
(e) Future Group II, et al v. NationsBank, S.C. Court Opinion #24500; heard May 4, 1995, filed October 7, 1996.
(9) Judicial Temperament:
The Commission believes that Judge Rawl's temperament has been and will continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Rawl meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Patterson meets the qualifications prescribed by law for continued judicial service.
Judge Patterson was born on September 2, 1940. He is 56 years old. He has been a resident of South Carolina for at least the immediate past five years. Judge Patterson also has been a licensed attorney in South Carolina since 1966.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical behavior by Judge Patterson.
Judge Patterson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Patterson reported that his wife jointly owns real estate with attorney, John G. Cheros.
Judge Patterson reported that he was a member of the following bar associations and professional organizations:
(a) Greenville County Bar Association;
(b) South Carolina Bar Association.
Judge Patterson provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
(a) Buncombe Street United Methodist Church - Sunday School Teacher;
(b) Greenville YMCA.
Judge Patterson testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Patterson testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Patterson testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Patterson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Patterson described his judicial education during the past five years as follows:
(A) 1992- General Jurisdiction, National Judicial College
(B) 1993- Judicial Conference
Circuit Court Bench/Bar
(C) 1994- 9th Annual Criminal Law Update
Circuit Judges Seminar
Judicial Conference
Faculty Advisor-General Jurisdiction, National Judicial College
(D) 1995- 10th Annual Criminal Law Update
Circuit Judge's Spring Conference
Judicial Conference
SC Tort Law Update: A Circuit Court Bench /Bar Seminar
(E) 1996- 11th Annual Criminal Law Update
Circuit Judge's Spring Conference
Judicial Conference
Judge Patterson provided the following courses and CLEs that he has taught:
(a) Advanced Evidence Course-1996 at National Judicial College
(b) Faculty Advisor for General Jurisdiction Program -1994
(c) Panelist for "Proposed SC Rules of Evidence Compared to Fed. Rules of Evidence"
(d) Lecturer at Greenville County Bar CLE Seminar 1991
(e) Speaker on "Child Abuse, Neglect & Dependency Actions" at New Family Court Judges Seminar
(f) Speaker on "New Family Court Rules" at a JCLE Seminar
(g) Speaker on "Equitable Distribution Update" at Bench-Bar Conference on Family Court in 1987
(h) Speaker on "Family Law Update (Statutes & Case Law)" 1986
(I) Speaker on "Child Abuse, Neglect & Dependency Actions" at New Family Court Judges Seminar in 1985
(j) Panelist at Family Court Judicial Conference in 1983
(4) Character:
The Commission's investigation of Judge Patterson did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Patterson did not indicate any evidence of a troubled financial status. Judge Patterson has handled his financial affairs responsibly.
The Commission also noted that Judge Patterson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
Judge Patterson reported that he was personally sued in 1975 by Attorney Hal J. Warlick, but the matter was resolved upon service of pleadings.
(5) Reputation:
Judge Patterson is married and has 3 adult children, ages 31, 28, and 27. Their occupations are those of a teacher, soldier, and youth minister.
Judge Patterson served as a Captain in the US Army from 1966-1968. He served as a Colonel in the US Army Reserves from 1963-1994.
Judge Patterson was elected to the South Carolina House of Representatives from 1970-1971.
(6) Physical Health:
Judge Patterson appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Judge Patterson appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Patterson was admitted to the South Carolina Bar in 1966. Since graduating from law school, Judge Patterson has worked as an associate for Howard Ballenger in 1968, as an associate and partner at Love, Thornton, Arnold & Thomason from 1969 to 1972, as a partner with Cheros & Patterson from 1972-1976, as a sole practitioner from 1976 to 1980, as Family Court Judge for the 13th Judicial Circuit from 1980 to 1991, and as Resident Circuit Court Judge for the 13th Judicial Circuit since 1991.
Judge Patterson listed the following as his 5 most significant orders or opinions:
(a) David H. Lucas v. South Carolina Coastal Council, 404 S.E.2d 895 (1991), Case No. 88-CP-10-66
(b) Cornelia Whitner, 186151 v. State of South Carolina, Case No. 93-CP-39-347
(c) Theodore A. Watson v. LeAnn O. Watson, 351 S.E.2d 883 (1986), 84-DR-23-1722
(d) Darrell Pruitt, 98111 v. State of South Carolina, Case No. 90-CP-23-2409
(e) State of South Carolina v. Tim G. Phillips, Indictment No. 93-GS-23-8598
(9) Judicial Temperament:
The Commission believes that Judge Patterson's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Patterson meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Gregory meets the qualifications prescribed by law for continued judicial service.
Judge Gregory was born on March 15, 1941. He is 55 years old. Judge Gregory has been a resident of South Carolina for at least the immediate past five years, and has been a licensed attorney in South Carolina since 1967.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Gregory.
Judge Gregory demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Gregory is a member of the South Carolina Bar Association.
Judge Gregory listed the following organizations of which he is currently or has been a member:
(a) South Carolina Golf Club - 1996 to present;
(b) Country Club of Beaufort - 1993-1996;
(c) Cat Island Golf Club - 1991-1996.
Judge Gregory testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening;
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Gregory testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Gregory testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Gregory to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Gregory has attended all facets of CLE/JCLE seminars. He has also attended the National Judicial College in Reno, Nevada.
(4) Character:
The Commission's investigation of Judge Gregory did not reveal any evidence of complaints, grievances, or criminal allegations. The Commission's investigation of Judge Gregory did not indicate any evidence of a troubled financial status. He has handled his financial affairs responsibly.
The Commission also noted that Judge Gregory was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Gregory is married and has three children. The oldest is 24 and is a law student at Wake Forest University. The middle child is 23 and is a student at the University of South Carolina. The youngest is 16 and is a high school student.
Judge Gregory served in the South Carolina House of Representatives from 1980-91.
(6) Physical Heath:
Judge Gregory appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Judge Gregory appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Gregory was admitted to the South Carolina Bar in 1967.
Since his graduation from law school, Judge Gregory served as a law clerk for Justice Bruce Littlejohn from September 1967 to June 1968. He worked as an associate in the law office of Roy McBee Smith from June 1968 to March 1969. From April 1969 to January 1971, he worked as an associate with James P. Harrelson. Beginning in January 1971, he was a partner in the firm of Harrelson and Gregory until June 1982. Judge Gregory was a solo practitioner from June 1982 until July 1991. His law practice consisted of civil, criminal, and domestic matters.
Judge Gregory was elected Circuit Court Judge for the Fourteenth Judicial Circuit in 1991.
Judge Gregory listed his 5 most significant orders or opinions as follows:
(a) Jessie Gurganious, Sr. v. City of Beaufort , Opinion #2304, heard December 7, 1994, filed February 13, 1995. (aff'd Ct. App.).
(b) Janice Hunter v. Nationwide Mutual Ins. Co. et al, Opinion #2260, submitted November 1, 1994, filed November 28, 1994. (aff'd Ct. App.).
(c) James E. Gastineau v. Leigh Murphy, et al, Opinion #2517, heard May 7, 1996, filed June 10, 1996 (aff'd Ct. App.).
(d) Andrew Musaelian v. Rose Hill Plantation Dev. Co. et al, Opinion #96-UP-176, submitted May 7, 1996, filed June 6, 1996 (aff'd Ct. App.).
(e) Gee Construction Co. v. Hilton Head Plantation, Opinion #95-UP- 188, heard June 7, 1995, filed June 26, 1995. (aff'd Ct. App.).
(9) Judicial Temperament:
The Commission believes that Judge Gregory's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Gregory meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Maring meets the qualifications prescribed by law for continued judicial service.
Judge Maring was born on July 21, 1945. He is 51 years old. He has been a resident of South Carolina for at least the immediate past 5 years, and has been a licensed attorney in South Carolina since 1971.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Maring.
Judge Maring demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Maring provided that he was a member of the following bar associations and professional organizations:
(a) S.C. Bar Association
(b) S.C. Circuit Court Judge's Association
Judge Maring provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
(a) Elder, Georgetown Presbyterian Church, 1991-1996
(b) Former member of the Georgetown Dance Club [Ribbon Club]- No Office held
(c) Present member of the Georgetown Historical Society
Judge Maring testified that he has not:
(a) sought or received the pledge or any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Maring testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Maring testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Maring to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Maring provided that during the previous five years, his continuing legal or judicial education has included the following:
(a) JCLE, 15 hours each year
(b) National Judicial College:
(1) Criminal Procedure and Advanced Evidence, 2-week course, 1991
(2) General Jurisdiction, 4-week course, 1992
(3) Evidence Law, 1-week course, 1993
(4) Civil Mediation, 1-week course, 1994
Judge Maring provided the following courses and CLEs that he has taught:
(a) S.C. Supreme Court Law Clerks and Staff Attorneys Seminar, 1982
(b) S.C. Dept. Of Social Services, Duties of Solicitors in Child Abuse or Neglect Cases, 1983
(c) S.C. Bar, Bench Bar Conference, 1983, 1984, 1985
(d) S.C. Assoc. Of Legal Secretaries, 1983, 1989
(e) Low Country mediation Network, Joint Custody, 1984
(f) JCLE Circuit and Family Court, Legal Writing, 1984
(g) Judicial Conference, Mental Health Commitments, 1985
(h) S.C. Association of Clerks of Court, Child Support Enforcement, 1986
(I) Task Force for Guardian Program on Legal Policy, 1986
(j) S.C. Guardian Program, 1987
(k) S.C. Bench Bar Conference, Child Support Guidelines, 1987
(l) S.C. Child Abuse Seminar, 1988
(m) Charleston County Bar, Family Court Law Seminar, 1998
(n) JCLE Problems when Divorce, Custody and Allegations of Child Abuse are Intertwined, 1988
(o) S.C. Bar, Mandamus and Injunctive Relief, 1988
(p) National Conference of Guardian ad Litem's, 1988
(q) S.C. Guardian Program, 1988
(r) Guardian Program State Conference, 1989
(4) Character:
The Commission's investigation of Judge Maring did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Maring did not indicate evidence of a troubled financial status. Judge Maring has handled his financial affairs responsibly.
The Commission also noted that Judge Maring was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
Judge Maring reported that he was a defendant in the following cases:
(a) Oliver Claypool, Jr. v. Judge David Maring, Sr., and Judge David Wilburn. The case was dismissed on a pre-trial motion.
(b) Jesse R. Lance v. Wonderlyn Bell, G. Turner Perrow, Jack Scoville, Master-in-Equity, David Maring, Circuit Court Judge, and Fred Moore. The case was dismissed by the court on motion for summary judgment.
(5) Reputation:
Judge Maring is married and has three adult children, two of whom are attorneys and the third is a construction supervisor by occupation.
Judge Maring served in the Marine Corp Reserves from 1971-1973 and the SC National Guard from 1973-1977.
(6) Physical Health:
Judge Maring appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Judge Maring appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Maring was admitted to the South Carolina Bar in 1971.
Upon graduating from law school, Judge Maring began practice as a sole practitioner from 1971 to 1977, served part time as Andrews City Judge from 1973 to 1974 and as Georgetown City Judge from 1974 to 1975. Judge Maring served as Family Court Judge from 1977 to 1991 and as a Circuit Court Judge since 1991.
Judge Maring listed the following as his 5 most significant orders or opinions:
(a) T.J. Schudel v. SC Alcoholic Beverage Control Commission 276 S.E.2d. 308.
(b) The State v. Robert Lee Driggers, Opinion # 2527
(c) Eric John Hossenlopp v. William J. Cannon, Jr. and Yong H. Cannon, 329 S.E.2d. 438.
(d) State v. Rebecca Smith, Opinion No. 96-MO-154
(e) Larry Eugene Bell v. State of South Carolina.
(9) Judicial Temperament:
The Commission believes that Judge Maring's temperament has been and will continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Maring meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Thomas meets the qualifications prescribed by law for continued judicial service.
Judge Thomas was born on October 20, 1957. She is 39 years old. She has been a resident of South Carolina for at least the immediate past 5 years. Judge Thomas also has been a licensed attorney in South Carolina since 1986.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical behavior by Judge Thomas.
Judge Thomas demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Thomas reported that she was a member of the following bar associations and professional organizations:
(a) Georgetown County Bar Association, Treasurer 1992
(b) South Carolina Bar Association
(c) South Carolina Trial Lawyers Association
(d) Association of Trial Lawyers of America
(e) American Bar Association
(f) South Carolina Judge Association
Judge Thomas provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
(a) Rotary International
(b) St. Paul's Waccamaw UMC - Former Board Chairperson
(c) Pawleys Island Merchants Association - Former Board Member
(d) Pawleys Retreat, POA- Former Board Member
(e) Horry/Georgetown HUB Group- Former Board Member
Judge Thomas testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Thomas testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Thomas testified that she had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Thomas to be intelligent and knowledgeable.
Under the Commission Rules, a candidate may waive practice and procedure questions if that candidate has been screened within the previous year. Judge Thomas was screened on May 7, 1996, and therefore waived this portion of judicial screening. Her responses to the practice and procedure questions from May 7, 1996 are incorporated into the March 12, 1997 transcript of Judge Thomas' public hearing.
Judge Thomas provided that during the previous five years she has complied with at least the minimum requirements for Continuing Legal Education.
Judge Thomas provided the following law-related courses or judicial education programs that she has taught:
(a) "Restructured State Government & The State of Administrative Law," Speaker
(b) "So You Want to be a Judge," Speaker to Women in Law
(4) Character:
The Commission's investigation of Judge Thomas did not reveal any evidence of complaints, grievances, or criminal allegations made against her. The Commission's investigation of Judge Thomas did not indicate any evidence of a troubled financial status. Judge Thomas has handled her financial affairs responsibly.
The Commission also noted that Judge Thomas was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
Judge Thomas provided that she has been sued in her capacity as a member of the South Carolina House of Representatives.
(5) Reputation:
Judge Thomas is married with three children.
Judge Thomas was elected to the South Carolina House of Representatives in 1992 and re-elected in 1994.
(6) Physical Health:
Judge Thomas appears to be physically capable of performing the duties of the office she seeks.
(7) Mental Stability:
Judge Thomas appears to be mentally capable of performing the duties of the office she seeks.
(8) Experience:
Judge Thomas was admitted to the South Carolina Bar in 1986. Since her graduation from law school, Judge Thomas has worked as an associate in the Law Offices of Kenneth W. Thornton in 1987, as a partner in the firm of Rubillo & Thomas from 1987 to 1988, as a sole practitioner from 1988 to 1993, as a partner in the firm of Thomas & Gundling from 1993 to 1994, as a partner in the firm of Lawrimore, Thomas, Gundling & Kelaher in 1994, as a partner in the firm of Thomas, Gundling & Kelaher in 1995, and as a sole practitioner from 1995 to 1996.
Judge Thomas was elected Circuit Court Judge, At-Large Seat 1 in July 1996.
Judge Thomas listed the following as her most significant orders or opinions:
(a) State v. Evans, 95-CP-22-573
(b) Mary Wiggins v. Parsons Nursery Inc. et al, 95-CP-22-272
(9) Judicial Temperament:
The Commission believes that Judge Thomas' temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Thomas meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED (Mr. Lightsey did not participate in the screening of Judge Dennis.)
(1) Constitutional qualifications:
Based on the Commission's investigation, Judge Dennis meets the qualifications prescribed by law for continued judicial service.
Judge Dennis was born on December 2, 1947. He is 49 years old. Judge Dennis provided in his application that he has been a resident of South Carolina for at least the immediate past 5 years, and has been a licensed attorney in South Carolina since 1973.
(2) Ethical fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Dennis.
Judge Dennis demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Dennis is involved in a joint venture with Charles W. Bounds, M.D., Gordon B. Wellhead, M.D., and Jackie C. Miss involving the purchase of land and lease of properties. Judge Dennis concedes that these individuals are business persons in Moncks Corner and as such could be the subject of litigation in the future. If such should arise and they or any of them were a party-plaintiff or defendant in a law suit to be tried before him, Judge Dennis provided that he would advise all parties of this relationship and offer to recuse himself should any one of them so desire.
Judge Dennis reported that he was a member of the following professional organizations:
(a) SC Bar Association
(b) American Bar Association
(c) American Trial Lawyers Association,
(d) SC Trial Lawyers Association
(e) SC Council of School Attorneys
(f) SC Criminal Defense Lawyers
Judge Dennis listed the following organizations of which he is currently or has been a member:
(a) Moncks Corner Lions Club (past president, vice-president, and director);
(b) Moncks Corner Rotary Club (director);
(c) Berkeley County Chamber of Commerce (vice-president);
(d) Berkeley County Advisory Board Trident United Way;
(e) Berkeley Country Club;
(f) USC Gamecock Club;
(g) Trident Technical College Foundation Board;
(h) Trident Chamber of Commerce (Board of Directors);
(I) Lowcountry YMCA (Board of Directors);
(j) Capital City Club;
(k) Berkeley High School Mock Trial Team (coach);
(l) Member - Pinopolis United Methodist Church. Serves on several church committees and is also a lay leader;
(m) Member - Moncks Corner Lions Club.
Judge Dennis testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Dennis testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Dennis testified that he had no campaign expenditures.
(3) Professional and academic ability:
The Commission found Judge Dennis to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Dennis stated that prior to his election as a circuit court judge, his continuing legal education concentrated on trial advocacy. He also attended courses dealing with topics in employment law and issues in the family courts. Prior to his election, Judge Dennis estimated that he averaged 19 hours per year continuing education. Since assuming his position, he has participated in numerous seminars earning at least 15 hours per year. He has also attended the General Jurisdictional Program at the National Judicial College in July, 1994.
Judge Dennis taught a law class at the Citadel for 3 semesters.
(4) Character:
The Commission's investigation of Judge Dennis did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Dennis did not indicate any evidence of a troubled financial status. Judge Dennis has handled his financial affairs responsibly.
The Commission also noted that Judge Dennis was punctual and attentive in his dealings with the Commission. However, one affiant testified concerning a delay in the issuance of an order in an easement matter while Judge Dennis was acting as a special referee before Judge Dennis was elected to the Circuit Court.
Mr. L.G. Elrod testified that Judge Dennis took over six months to issue an order in an easement case involving his property. Mr. Elrod believed that the issues in that matter were simple and that the six-month delay was excessive. Judge Dennis admitted to the Commission that the delay in issuing that order was in fact too long. Judge Dennis testified that he was under a great amount of pressure during that period due to the illness of his mother and the attendant stress that her illness placed on his family and law practice, but Judge Dennis did not want to use his situation as an excuse for the delay in ruling on Mr. Elrod's case.
The Commission is confident that since his election to the bench Judge Dennis has implemented procedures to ensure that orders are issued in a timely manner. There is no evidence that a troublesome number of cases are left under advisement for an extended period or that the situation with Mr. Elrod and his case is symptomatic of any current problem with Judge Dennis issuing orders in a timely manner.
(5) Reputation:
Judge Dennis is married with 3 children, ages 23, 21, and 15. One child is an engineer in Houston, Texas, and the other two children are students.
Judge Dennis reported that his last Martindale-Hubbell rating was "BV" in 1993.
(6) Physical health:
Judge Dennis appears to be physically capable of performing the duties of the office he seeks.
(7) Mental stability:
Judge Dennis appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Dennis was admitted to the South Carolina Bar in 1973.
Since his graduation from law school, Judge Dennis has practiced law in Moncks Corner, South Carolina. He described his practice as general in nature dealing primarily with litigation in family court, civil and criminal court, probate court, and in administrative agencies. He represented the Berkeley County School District for more than 10 years.
Judge Dennis was elected Circuit Court Judge, At-Large Seat 2 in February 1994, to fill the unexpired term of the Honorable William T. Howell.
Judge Dennis listed his 5 most significant orders or opinions as follows:
(a) Doe v. Berkeley Publishers, 93-CP-08-133. Case involving the divulging by a newspaper that an inmate had been raped while incarcerated. Judge Dennis directed a verdict for the newspaper because of constitutional immunity for newspapers that publish lawfully obtained material that is truthful and that is a matter of public significance. Florida Star v. BJF, 491 U.S. 524 (1989).
The Court of Appeals affirmed in part, reversed in part Judge Dennis' decision in that case. Doe v. Berkeley Publishers, Ct. App. Op. No. 2501 (Davis Advance Sheet April 27, 1996). A writ of certiorari is currently pending before the Supreme Court.
(b) BellSouth Telecommunications, Inc. v. SC Public Service Comm'n, 95-CP-40-0638, 95-CP-40-0407, 95-CP-40-0697. Case involved a order that plaintiff refund monies collected under an incentive plan declared unconstitutional by the South Carolina Supreme Court. Judge Dennis affirmed the order of the PSC because that order did not amount to "illegal retroactive ratemaking" but instead was an exercise of the Commission's inherent authority to regulate rates. Judge Dennis further found that the Commission was bound by the Supreme Court's ruling in Hamm v. Southern Bell, 305 S.C. 1 (1991), which held that the Commission should have ordered refunds for charges the Court had determined to be unlawful.
The ruling in this case is currently the subject of a motion for reconsideration.
(c) SC Life and Accident and Health Insurance Guaranty Association v. Liberty Life Insurance Company, 94-CP-40-4373. Declaratory judgment action seeking a ruling whether the plaintiff was responsible for a shortfall caused by the insolvency of another insurance company. Judge Dennis found for the plaintiff ruling that the terms of the agreements in question did not meet the statutory definition of annuity as set forth in the Guaranty Act. He concluded by stating that it was the responsibility and privilege of the legislature, not the courts, to bring the legal definition of annuity in line with current financial practice.
Judge Dennis believes that this case is currently on appeal to the Court of Appeals.
(d) State v. Frazier, 96-GS-08-1125. Order denying a motion to suppress the results of a blood sample.
(e) State v. Fowler, Warrants E-054091 and E-054092. Case involving a motion to suppress. Defendant alleged that a search by police officers violated the strictures of Terry v. Ohio, 392 U.S. 1 (1968). In granting the motion to suppress, Judge Dennis provided that he did not believe that the officers had a reasonable suspicion, supported by articulable facts, that the defendant was engaged in criminal activity.
Judge Dennis' decision was affirmed by the Court of Appeals in State v. Fowler, Op. No. 2490 (Davis Advance Sheet March 30, 1996).
(9) Judicial Temperament:
The Commission believes that Judge Dennis' temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Dennis meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional qualifications:
Based on the Commission's investigation, Judge Shuler meets the qualifications prescribed by law for continued judicial service.
Judge Shuler was born on May 9, 1948. He is 48 years old. Judge Shuler provided in his application that he has been a resident of South Carolina for at least the immediate past 5 years, and that he has been a licensed attorney in South Carolina in 1973.
(2) Ethical fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Shuler.
Judge Shuler demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Shuler reported that he was a member of the South Carolina Bar.
Judge Shuler provided that he was not a member of any civic, charitable, educational, social, or fraternal organizations.
Judge Shuler testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Shuler testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Shuler testified that he had no campaign expenditures.
(3) Professional and academic ability:
The Commission found Judge Shuler to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Shuler provided that during the previous five years he has attended the required JCLE courses. He also attended the Judicial College in Reno, Nevada.
Judge Shuler has served as a panel member at CLE courses and has also served as a panel member at a JCLE seminar to discuss the new rules of evidence.
(4) Character:
The Commission's investigation of Judge Shuler did not reveal any evidence of complaints or grievances. The Commission's investigation of Judge Shuler did not indicate any evidence of a troubled financial status. Judge Shuler has handled his financial affairs responsibly.
Judge Shuler reported that he forfeited a $200 fine for a charge of aiding and abetting a baited dove field in 1990.
Judge Shuler also reported on his PDQ that he forfeited approximately $25 for a charge of negligent burning in 1994.
The Commission also noted that Judge Shuler was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Shuler is married with 2 children, ages 23 and 20. One child is employed with the South Carolina Highway Department and the other child is a student.
Judge Shuler reported that his last Martindale-Hubbell rating was "B" in 1989.
(6) Physical health:
Judge Shuler appears to be physically capable of performing the duties of the office he seeks.
(7) Mental stability:
Judge Shuler appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Shuler was admitted to the South Carolina Bar in 1973.
Since his graduation from law school, Judge Shuler had a general practice with an emphasis on insurance tort claims, real estate, and criminal matters. Judge Shuler served as Town Recorder for the City of Kingstree from 1973 to 1978, as Public Defender from 1980 to 1988, and as an Assistant Solicitor from 1988 to 1990.
Judge Shuler was elected Circuit Court Judge, At-Large Seat 3, in May 1990, to fill the unexpired term of the Honorable James Morris.
Judge Shuler listed his 5 most significant orders or opinions as follows:
(a) State v. Ellis Franklin, Op. No. 24190 (SC Sup. Ct. 1994).
(b) State v. Gene Raffaldt, Op. No. 24218 (S.C. Sup. Ct. 1995).
(c) State v. Ernest Roy Trotter, Op. No. 2289 (S.C. Ct. App. 1994).
(d) City of North Charleston vs. Janie M. Claxton and William L. Claxton, Op. No. 2013 (S.C. Ct. App. 1993).
(e) Oree B. Crosby, as Personal Representative of the Estate of Leroy Crosby, Jr. v. Santee Electric Cooperative, Appellant, and Sumter Builders Inc., Respondent, Op. No. 94-UP-036 (S.C. Ct. App. 1993).
(9) Judicial Temperament:
The Commission believes that Judge Shuler's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Shuler meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Mr. Watson meets the qualifications prescribed by law for judicial service.
Mr. Watson was born on June 2, 1953, and is 43 years old. He has been a resident of South Carolina for at least the immediate past 5 years. Mr. Watson has also been a licensed attorney in South Carolina since 1978.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical behavior by Mr. Watson.
The Commission received one complaint from Mary Ellen Harris regarding the candidacy of Mr. Watson. Mrs. Harris made three allegations in the affidavit she filed in opposition to Mr. Watson:
(1) That the Solicitor's Office improperly dismissed charges in a case in which the complainant was involved;
(2) That a county agency involved in the case acted in a retaliatory manner towards the complainant due to a familial relationship between Mr. Watson and an agency employee; and
(3) That the Solicitor's Office refused to comply with a subpoena and Motion to Compel evidence in private action subsequent to the criminal case.
Solicitor Watson responded to each allegation to the satisfaction of the Commission:
(1) The Solicitor's Office dropped charges in the complainant's case because the case was not prosecutable. Mr. Watson testified that the charges were dropped for four reasons:
(a) inconsistent testimony;
(b) conflicting evidence;
(c) the difficulty of qualifying a minor as a competent witness; and
(d) the defendant passed a polygraph test.
The Commission also notes that Mr. Watson did not personally handle this case; it was handled by an assistant solicitor.
(2) Mr. Watson testified that he had no family ties to anyone working at the county agency and that he had not discussed this case with the employee at the agency. In addition, Commission staff contacted the employee and received an affidavit stating that there was no family relationship and that the Solicitor had never discussed this case with the employee.
(3) Regarding the subpoena and Motion to Compel, Mr. Watson testified to the following:
(a) he had no knowledge of this complaint at the time it allegedly occurred; he did not know of it until the complaint was filed prior to the public hearing;
(b) the subpoena and Motion to Compel were not directed to his office but rather to another agency; and
(c) it is not the practice of the Solicitor's Office to refuse to comply with requests for evidence.
Mr. Watson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Mr. Watson reported that he was a member of the following bar associations and professional organizations:
(a) South Carolina Bar Association
(b) Greenville County Bar Association
(c) South Carolina Solicitor's Association, Vice President, 1994, President 1995
(d) National District Attorneys Association
(e) Association of Government Attorneys in Capital Litigation
Mr. Watson provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
(a) Rotary Club of Greenville
(b) Advisory Board of Salvation Army Boy's Club
(c) Advisory Committee for Drug Free School and Communities Program, School District of Greenville County
(d) Advisory Board for Greenville Technical College's Alternative Educational Opportunity Program-Operation Success
(e) Advisory Committee for the South Carolina Educational Resource Center for Missing and Exploited Children at Greenville Technical College
(f) Task Force on Justice For All of the South Carolina Bar
(g) Children's Justice Act Task Force
(h) South Carolina Victim Assistance Policy Committee
(I) Ex Officio Member of Crimestoppers
(j) South Carolina Domestic Violence Talk Force
(k) Criminal Drafting Committee for the South Carolina Uniform Jury Charge Project
(l) Executive Board of the South Carolina Law Enforcement Coordinating Committee
Mr. Watson testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Mr. Watson testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Mr. Watson testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Mr. Watson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Watson provided that during the previous five years he has attended annual conferences sponsored by the Commission on Prosecution Coordination and conferences sponsored by the National College of District Attorneys, the National District Attorneys Association, and the Association of Government Attorneys in Capital Litigation.
Mr. Watson provided the following courses and CLEs that he has taught:
(a) Criminal Law Update - January 1988
(b) Criminal Law Seminar - August 1990
(c) Lecture on Pre-Trial Preparation - September 1991
(d) Criminal Law Seminar - August 1995 and 1996
The Commission also addressed a newspaper article that appeared in The News regarding the docket backlog in the 13th Circuit. The article charges that the 13th Circuit backlog continues to grow while other circuits have reduced case backlogs. Mr. Watson responded to a Commission request for information with an editorial he sent to The News. He stated that the backlog has been caused by an increase in the number of criminal cases; no increase in the number of weeks of criminal court assigned to the 13th Circuit despite the increased number of cases; the need for more judges; and the number of defendants who request trials rather than plea agreements due to harsher penalties in recent years. Mr. Watson also noted that his office does not dismiss weaker cases or offer plea bargains just to get the cases through the court system. He stated that his office has the highest conviction rate in the state.
(4) Character:
The Commission's investigation of Mr. Watson did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Mr. Watson did not indicate any evidence of a troubled financial status. Mr. Watson has handled his financial affairs responsibly.
The Commission also noted that Mr. Watson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
Mr. Watson reported that he has the following lawsuits pending against him in his capacity as Solicitor:
(a) James M. Hatchell, et al. v. William B. Depass, Jr., et al. C.A. #96-CP-23-3479
(b) Gregory Allen Figel v. Judge Pam Bowling, Lieutenant Bill Hitchins and Joseph Watson C.A. #3:93-1698-3BD
(c) Robert A. Gargan- Tort Claim
(d) Nicky Raphael Lovett-Petition for Writ of Habeas Corpus Relief
(e) Anthony Mattison-Motion for Default Judgment C.A. #95-CP-23- 2649
(f) Henry W. Martin, Jr. v. Joseph Watson, et al C.A. #6:94-2049-0 AK
(g) Melvin Julius Robinson v. Harold R. Lowery, Joseph Watson, et al. C.A. # 8:89-560-3K
(h) James Tinsley v. Joseph Watson, Thirteenth Circuit Solicitors Office and the State of South Carolina C.A. #95-CP-23-1314
(I) Treasured Arts, Inc. v. Joseph J. Watson, Solicitor of the Thirteenth Judicial Circuit
(5) Reputation:
Mr. Watson is married with two children, ages 7 and 11.
Mr. Watson was appointed Thirteenth Circuit Solicitor in July 1985, was elected to this office in November 1986, and has since been re-elected twice, in 1990 and 1994.
(6) Physical Health:
Mr. Watson appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Mr. Watson appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Mr. Watson was admitted to the South Carolina Bar in 1978.
Since his graduation from law school, he has served as Assistant Solicitor for the 13th Judicial Circuit from 1978 to 1982; has worked in private practice from 1982 to 1985; and has served as 13th Circuit Solicitor since 1985.
Mr. Watson also provided a letter to the Commission that details his civil trial experience. The Commission also noted that under its rules, it may consider the candidate's expansive experience in one area as compensating for limited experience in other areas of practice.
Through the letter provided to the Commission and through its questions to Mr. Watson in the public hearing, the Commission is satisfied that Mr. Watson possesses the necessary experience to be a circuit court judge.
Mr. Watson listed the following as his five most significantly litigated matters:
(a) James R. Frazier v. Paul F. Friddle - 83-CP-23-1269.
(b) The State v. Howard T. Weldon, 295 S.C. 462, 369 S.E.2d 132, cert den (U.S.) 104 L.Ed.2d 1036 (1988).
(c) The State v. Larry Eugene Hall, 439 S.E.2d 278 (1994).
(d) Whitner v. State, Opinion No. 24468, filed July 15, 1996.
(e) The State v. Shawn Paul Humphries, Opinion No. 24542, filed December 9, 1996.
(9) Judicial Temperament:
The Commission believes that Mr. Watson's temperament would be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Mr. Watson meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Clary meets the qualifications prescribed by law for continued judicial service.
Judge Clary was born on January 5, 1948. He is 49 years old. He has been a resident of South Carolina for at least the immediate past 5 years. Judge Clary also has been a licensed attorney in South Carolina since 1975.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical behavior by Judge Clary.
Judge Clary demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Clary reported that he was a member of the following bar associations and professional organizations:
(a) American Bar Association
(b) South Carolina Bar Association
(c) American Academy of Hospital Attorneys
(d) National Health Lawyers Association
(e) Cherokee County Bar Association (President 1983-85)
Judge Clary provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
(a) Boy Scouts of America
(b) Palmetto Council, Kattan District
(c) Board of Directors of Gaffney Youth Baseball
Judge Clary testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Clary testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Clary testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Clary to be intelligent and knowledgeable.
Under the Commission Rules, a candidate may waive practice and procedure questions if that candidate has been screened within the previous year. Judge Clary was screened on March 20, 1996, and therefore waived this portion of judicial screening. His responses to the practice and procedure questions from March 20, 1996 are incorporated into the March 19, 1997 transcript of Judge Clary's public hearing.
Judge Clary provided that during the previous five years he has exceeded the minimum legal and judicial education requirements annually. Since being elected as a circuit judge, Judge Clary has attended a three (3) week General Jurisdiction course at the National Judicial College, and was selected to attend the National Mass Torts Conference in 1994.
Judge Clary provided the following law-related courses or judicial education programs he has taught:
(a) Adjunct Professor of Business Law, Limestone College
(b) Moderator/Panelist for Circuit Judges Forum at the South Carolina Defense Attorneys Annual Meeting (1994).
(c) Panelist for the South Carolina Solicitor's Conference, 1996.
(4) Character:
The Commission's investigation of Judge Clary did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Clary did not indicate any evidence of a troubled financial status. Judge Clary has handled his financial affairs responsibly.
The Commission also noted that Judge Clary was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
Judge Clary provided that he was sued individually while serving as a member of the Board of Directors of a closely held corporation, but the action was dismissed by an Order of Dismissal.
(5) Reputation:
Judge Clary is married with two children, ages 21 and 16.
Judge Clary served in the United States Air Force Reserve from 1968 to 1969.
Judge Clary was elected to Circuit Court, At-Large Seat 5, in 1992, and currently holds that position.
(6) Physical Health:
Judge Clary appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Judge Clary appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Clary was Minority Counsel to the United States Senate Judiciary Subcommittee on Internal Security and Legislative Assistant to United States Senator Strom Thurmond from 1974 to 1975.
Judge Clary was admitted to the South Carolina Bar in 1975. Since his graduation from law school, Judge Clary has been an associate at J.P. Askins from 1975 to 1976, an Adjunct Professor of Business Law from 1976 to 1986, a sole practitioner from 1976 to 1980, a partner in the firm of Hall, Daniel, Winter & Clary from 1980 to 1991, and a sole practitioner from 1991 to 1992.
Judge Clary was elected to the Circuit Court, At-Large Seat 5, in 1992.
Judge Clary listed the following as his 5 most significant orders or opinions:
(a) The State v. Johnny Babe Ray, Jr. (90-GS-42-3918).
(b) The State v. Wade Parris, 96-MO-035 (S.C. Sup. Ct. Filed Jan. 26, 1996).
(c) Adams, et al v. Texfi Industries, et al, Op. No. 24340 (S.C. Sup. Ct. filed Nov. 6, 1995), (1994, SC Ct. App.) 443 S.E.2d 913, Reh. Den. (June 16, 1994).
(d) Justice v. BMG Distribution, Inc., et al, Op. No. 24235.
(e) Lentezner v. Winthrop University, (93-CP-46--426).
(9) Judicial Temperament:
The Commission believes that Judge Clary's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Clary meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional qualifications:
Based on the Commission's investigation, Judge Lockemy meets the qualifications prescribed by law for continued judicial service.
Judge Lockemy was born on September 23, 1949. He is 47 years old. Judge Lockemy provided in his application that he has been a resident of South Carolina for at least the immediate past 5 years, and has been a licensed attorney in South Carolina since 1974.
(2) Ethical fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Lockemy.
Judge Lockemy demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Lockemy reported that he was a partner and owner of several rental properties.
Judge Lockemy reported that he was a member of the following bar associations and professional organizations:
(a) South Carolina Bar Association;
(b) American Bar Association - Judge Lockemy is a member of the Judicial Administration Division and within that holds two committee appointments - judicial education and docket management;
(c) South Carolina Circuit Judges' Association - Judge Lockemy was elected a delegate from South Carolina to the State Trial Judges' Association meeting.
Judge Lockemy provided that he was a member of the following civic charitable, educational, social, or fraternal organizations:
(a) Dillon Kiwanis Club - President 1982;
(b) Dixie Youth Baseball Coach, 11-12 year olds, State Runner-up 1996;
(c) Past President of the Dillon County Theater;
(d) Voting Member of the Florence Little Theater Guild.
Judge Lockemy testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Lockemy testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Lockemy testified that he had no campaign expenditures.
(3) Professional and academic ability:
The Commission found Judge Lockemy to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Lockemy provided that during the previous five years he has attended all facets of CLE/JCLE seminars as well as many seminars presented by the Judge Advocate General's Corps. He has also attended the National Judicial College in Reno, Nevada.
Judge Lockemy provided that he attended the Edna McConnell Clark Foundation 1997 Minnesota Law School Sentencing Workshop.
Judge Lockemy is currently pursuing a Master's Degree in Judicial Studies from the University of Nevada.
Judge Lockemy provided the following courses and CLEs that he has taught:
(a) Instructor at Campbell College from 1974 to 1977;
(b) Lectured on evidence at the South Carolina Bar CLE in Charleston in 1996;
(c) Lectured on the Juror's perspective of the trial at the South Carolina Trial Lawyers Conference in August 1996.
(d) Panel member during a session of the South Carolina Solicitor's Conference in Fall 1996; and
(e) Keynote Speaker at the annual South Carolina Probation Officer's Conference in Fall 1996.
(4) Character:
The Commission's investigation of Judge Lockemy did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Lockemy did not indicate any evidence of a troubled financial status. Judge Lockemy has handled his financial affairs responsibly.
The Commission also noted that Judge Lockemy was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Lockemy is divorced with 2 children, ages 27 and 19. One child is self-employed and the other child is unemployed.
Judge Lockemy served as a captain in the United States Army from 1974 to 1977. He is currently a Lieutenant Colonel in the South Carolina Army National Guard.
Judge Lockemy served in the South Carolina House of Representatives from 1982 to 1989.
(6) Physical health:
Judge Lockemy appears to be physically capable of performing the duties of the office he seeks.
(7) Mental stability:
Judge Lockemy appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Lockemy was admitted to the South Carolina Bar in 1974.
Since his graduation from law school, Judge Lockemy served in the United States Army Judge Advocate General's Corps from 1974 to 1977; was an associate in the law office of A. Glenn Greene from October 1977 to January 1978; was a legislative assistant and Judiciary Committee counsel for Senator Strom Thurmond from January 1978 to August 1979; and was a partner in the firm of Greene, Lockemy and Bailey from August 1979 to June 1989.
Judge Lockemy was elected Circuit Court Judge, At-Large Seat 6 in June 1989.
Judge Lockemy listed his 5 most significant orders or opinions as follows:
(a) James Russell Cain v. Parker Evatt, Commissioner of Department of Corrections, Op. No. 24503 (SC Sup. Ct. 1996).
(b) Power Plant Maintenance, Inc. v. Carolina Power & Light Company, 96-CP-16209.
(c) Heather Greenwood v. Republic Contracting Corp., et al., 93-CP-10-2246.
(d) State v. Charles Timothy Davis, 93-MO-272 (S.C. Sup. Ct. August 6, 1993). Death penalty case based primarily on circumstantial evidence. Jury recommended life in prison which Judge Lockemy imposed. Affirmed on appeal.
(e) Perry Todd Smith v. CSXT and South Carolina Highway Department, 91-CP-16-246.
(9) Judicial Temperament:
The Commission believes that Judge Lockemy's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Lockemy meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional qualifications:
Based on the Commission's investigation, Judge Hall meets the qualifications prescribed by law for continued judicial service.
Judge Hall was born on May 20, 1943. He is 43 years old. Judge Hall provided in his application that he has been a resident of South Carolina for at least the immediate past 5 years, and that he has been a licensed attorney in South Carolina since 1972.
(2) Ethical fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Hall.
Judge Hall demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Hall reported that he was a member of the following professional organizations:
(a) SC Bar Association
(b) American Bar Association
(c) Anderson County Bar Association
(d) Judicial Conference of the Fourth Circuit, Richmond, VA
(e) Anderson Inn of Court, Co-Founder
Judge Hall listed the following organizations of which he is currently or has been a member:
(a) Anderson County Court Authority - Ex Officio Member (To construct new courthouse)
(b) Electric City Sertoma Club (inactive)
(c) Anderson County Art Council
(d) Anderson County Historical Society
(e) University of South Carolina Alumni Association, life member
(f) First Baptist Church, Anderson, South Carolina
Judge Hall testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Hall testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Hall testified that he had no campaign expenditures.
(3) Professional and academic ability:
The Commission found Judge Hall to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Hall stated that every year since 1986 he has exceeded the annual requirements for judicial continuing legal education. He has completed the following CLE courses during the past five years: General Jurisdiction at the National Judicial College in Nevada, Orientation for New Circuit Court Judges in Columbia, and Middle Atlantic State-Federal Judicial Relationships in Williamsburg, Virginia. He is a permanent member of the US Fourth Circuit Court Judicial Conference.
Judge Hall has taught courses at the Orientation School for New Circuit Court Judges since 1992. He also taught seminars at The People's Law School at York Technical College in 1994 and at the SC Solicitors Conference in 1994, 1995, and 1996.
(4) Character:
The Commission's investigation of Judge Hall did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Hall did not indicate any evidence of a troubled financial status. Judge Hall has handled his financial affairs responsibly.
The Commission also noted that Judge Hall was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Hall is married and has no children.
Judge Hall served in the Army National Guard of South Carolina from 1968 to 1974. He received an honorable discharge.
Judge Hall reports that he is listed in Martindale-Hubbell, but he was not rated since he is a judge.
(6) Physical health:
Judge Hall appears to be physically capable of performing the duties of the office he seeks.
(7) Mental stability:
Judge Hall appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Hall was admitted to the South Carolina Bar in 1972. Judge Hall reported that he took the bar exam twice.
Since his graduation from law school, Judge Hall has practiced law in Anderson, South Carolina. He describes his practice as including civil cases and high-profile death penalty cases, as both a defense attorney and a prosecutor. He concurrently served as an assistant solicitor for the tenth circuit from 1976-1980 and a municipal judge in Anderson from 1974-1976.
Judge Hall was appointed Municipal Court judge for the City of Anderson in 1974. He was elected Family Court judge, Tenth Judicial Circuit, Seat 3, in March 1986. He was elected Circuit Court Judge, At-Large Seat 7, in February 1991.
Judge Hall listed his 5 most significant orders or opinions as follows:
(a) Ken Moorhead Oil Company v. Federated Mutual Insurance Company v. SC Dept. Of Health and Environmental Control, Anderson County Court of Common Pleas. The SC Supreme Court affirmed in Opinion Number 24498, filed September 23, 1996.
(b) Jeffrey H. Lerer v. Thompson and Hutson, et al., Greenville County Court of Common Pleas. The SC Court of Appeals affirmed in Opinion Number 96-UP-081, filed March 20, 1996.
(c) Ella Bagwell v. Louis A. Tollison, et al., Anderson County Court of Common Pleas, 91-CP-04-1784. The case was settled while on appeal to the South Carolina Supreme Court, docket number 94-217.
(d) Rodney McNeil and Sandra McNeil vs. Blythewood Oil Company, Inc. and David Brissey, Richland County Court of Common Pleas, 92-CP-40-1939.
(e) The State v. Blondell Mahoney Edwards, Greenville County Court of General Sessions. The SC Court of Appeals affirmed in Opinion Number 95-UP-313, filed November 30, 1995.
(9) Judicial Temperament:
The Commission believes that Judge Hall's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Hall meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional qualifications:
Based on the Commission's investigation, Judge Short meets the qualifications prescribed by law for continued judicial service.
Judge Short was born on January 13, 1947. He is 50 years old. Judge Short provided in his application that he has been a resident of South Carolina for at least the immediate past 5 years, and has been a licensed attorney in South Carolina since 1971.
(2) Ethical fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Short.
Judge Short demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Short reported that he was a member of the following professional organizations:
(a) SC Bar Association
(b) American Bar Association
(c) Chester County Bar Association
(d) American Judicature Society
(e) American Judges Association
(f) SC Association of Circuit Judges (Legislative Reception Committee)
Judge Short listed the following organizations of which he is currently or has been a member:
(a) Purity Presbyterian Church
(b) Chester Sertoma Club
(c) Chester Shrine Club
(d) Chester Masonic Lodge
(e) American Legion
(f) Presbyterian College Board of Trustees
(3) Professional and academic ability:
The Commission found Judge Short to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Short has attended a variety of CLE classes, including classes at the National Judicial College in Phoenix and in Reno and Circuit Court Bench/Bar Seminars.
Judge Short taught a seminar on Rules of Civil Procedure for the South Carolina Legal Secretaries Association in 1995. He also facilitated a General Jurisdiction Course for new judges at the National Judicial College in Nevada.
(4) Character:
The Commission's investigation of Judge Short did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Short did not indicate any evidence of a troubled financial status. Judge Short has handled his financial affairs responsibly.
After becoming a Circuit Court Judge, Judge Short was sued by a prisoner acting pro se in Priest Gerald Garner v. Condon, et al. Judge Short was dismissed from the case.
The Commission also noted that Judge Short was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Short is married and has two children. One is a school teacher in Chester County. The other is a student. His wife, Linda Short, is a South Carolina State Senator.
Judge Short served as a 1st Lieutenant in the Army from 1968-1971. He served in the South Carolina National Guard from 1971-1973. He was honorably discharged as Captain. His present status is Inactive Reserve.
Judge Short reported that his last Martindale-Hubbell rating was "AV."
(6) Physical health:
Judge Short appears to be physically capable of performing the duties of the office he seeks.
(7) Mental stability:
Judge Short appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Short was admitted to the South Carolina Bar in 1971.
Since his graduation from law school, Judge Short practiced law in Chester, South Carolina with Fred Strickland and E.K. Hardin. In 1973, he began practicing with William Keels. He served in the SC House of Representatives from 1982-1981. He was appointed to the Chester County Airport Commission in 1978 and served until 1980. He was appointed Chester County Attorney in 1980 and served until 1982.
Judge Short was elected Circuit Court Judge, At-Large Seat 8, in February, 1991.
Judge Dennis listed his 5 most significant orders or opinions as follows:
(a) Louis J. Truesdale v. Parker D. Evatt, and the SC Dept. Of Corrections, et al., The subject of this Order deals with the reimbursement of expenses incurred by expert witnesses called upon by Petitioner Truesdale in his death penalty case. The Appeal of his case is reported at 301 S.C. 546, 393 S.E.2d 168.
(b) State of South Carolina v. Gary Allen Rimert, Op. No. 24093, 446 S.E.2d 400. The issue addressed in this Order is whether or not a jury in a criminal case is entitled to hear evidence regarding the sentence a defendant may receive if he is found guilty but mentally ill. I held that the jury's function was to determine guilt and that information about sentencing is irrelevant to such a determination. The Supreme Court affirmed.
(c) Carol Ann Berkebile v. William C. Outen, 311 S.C. 50, 426 S.E.2d 760. This Order holds that losses from video poker playing are not recoverable pursuant to SC Code Section 32-1-10. Judge Short held that Section 32-1-10 removed the common law bar to the recovery of losses from engaging in illegal gambling. Therefore, if the loss resulted from legal gambling, this Code section would not apply and the Plaintiff cannot recover. The Supreme Court reversed.
(d) City of Folly Beach v. Atlantic House Properties, Op. No. 24384. This order required Defendants in a condemnation action to pay the Plaintiffs reasonable attorney fees pursuant to SC Code Section 28-2-510. The SC Supreme Court reversed.
(e) Betty Williams, et al. v. The Zoning Board of Adjustment of the City of Rock Hill and New Hope Carolinas, Inc., This Order affirms the City of Rock Hill Zoning Commission's issuing of a permit to New Hope Carolinas allowing it to operate an institution to care for emotionally handicapped children.
(9) Judicial Temperament:
The Commission believes that Judge Short's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Short meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional qualifications:
Based on the Commission's investigation, Judge McKellar meets the qualifications prescribed by law for continued judicial service.
Judge McKellar was born May 27, 1945. He is 51 years old. He has been a resident of South Carolina for at least the immediate past 5 years. Judge McKellar has been a licensed attorney in South Carolina since 1974.
(2) Ethical fitness:
The Commission's investigation did not reveal any evidence of unethical conduct.
Judge McKellar demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge McKellar reported that he was a member of the following professional organizations:
(a) South Carolina Bar Association
(b) American Bar Association
(c) Richland County Bar Association
Judge McKellar listed the following organizations of which he is currently or has been a member:
(a) American Judicature Society
(b) Wildewood Country Club; and
(c) The University Golf Club
Judge McKellar testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge McKellar testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge McKellar testified that he had no campaign expenditures.
(3) Professional and academic ability:
The Commission found Judge McKellar to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
During the past five years, Judge McKellar has attended various CLE seminars including the Annual Criminal Law Update from 1991-1995, the Annual Civil Law Update from 1991-1996, the Judicial Conference from 1991-1996, and the National Judicial College in 1992.
Judge McKellar has taught SC Bar CLE courses in "Successful Litigation," "Civility in Practice," and Circuit Court Bench/Bar Update. He also taught "Law School for Non-Lawyers" with the SC Bar Young Lawyers Division.
(4) Character:
The Commission's investigation of Judge McKellar did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge McKellar did not indicate any evidence of a troubled financial status. Judge McKellar has handled his financial affairs responsibly.
The Commission also noted that Judge McKellar was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge McKellar is married and has no children.
Judge McKellar served in the US Navy from 1968 to 1972. He received an honorable discharge. His highest rank was E-5.
Judge McKellar served as Mayor of Arcadia Lakes from 1977 to 1985.
Judge McKellar reported his last Martindale-Hubbell ranking was "BV".
(6) Physical health:
Judge McKellar appears to be physically capable of performing the duties of the office he seeks.
(7) Mental stability:
Judge McKellar appears to be mentally capable of performing the duties f the office he seeks.
(8) Experience:
Judge McKellar was admitted to the South Carolina Bar in 1974.
After graduating from law school, Judge McKellar worked with Holler, Gregory, McKellar from 1976 to 1978. He describes the firm as having a general practice. From 1978 to 1991, he worked in the SC National Bank Law Department dealing with litigation in state and federal courts. From 1977 to 1985, he was Mayor of the Town of Arcadia Lakes.
Judge McKellar was elected Circuit Court Judge, At-Large Seat 9, in February 1991.
Judge McKellar listed his 5 most significant orders or opinions as follows:
(a) Charles Alston, Jr., et al. v. City of Camden, South Carolina, Op. No. 24431 (S.C. Sup. Ct. filed May 20, 1996).
(b) Anderson Memorial Hospital, Inc. v. Samuel Andrew Hagen, 313 S.C. 497, 443 S.E.2d 399 (1994).
(c) The Citizens and Southern National Bank of South Carolina v. John F. Lanford et al., 313 S.C. 540, 443 S.E.2d 549 (1995).
(d) PalmettoNet, Inc. v. S.C. Tax Commission, 456 S.E.2d 385 (1995).
(e) MPH Holdings, Inc. v. Belk's Department Store of Columbia et al., Case Number 91-CP-40-2252.
(9) Judicial Temperament:
The Commission believes that Judge McKellar's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge McKellar meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Provisions:
Based on the Commission's investigation, Mr. Barber meets the qualifications prescribed by law for judicial service.
Mr. Barber was born on December 20, 1943. He is 53 years old. He has been a resident of South Carolina for at least the immediate past 5 years. Mr. Barber also has been a licensed attorney in South Carolina since 1969.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical behavior by Mr. Barber.
Mr. Barber demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Mr. Barber reported that he is President of Park Title Agency, Inc., serves as Board member and Secretary of Eagle Aviation, Inc., and serves as secretary in connection with representing the following corporations: (a) Dorsey Horton, Inc.
(b) Edge Production, Inc.
(c) Rally Corporation
Mr. Barber reported that he was a member of the following bar associations and professional organizations:
(a) Richland County Bar Association
(b) South Carolina Bar Association (Member of Lawyers' Insurance Committee)
(c) American Bar Association
(d) American Judicature Society
Mr. Barber provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
(a) Richland Memorial Hospital Board of Trustees
(b) Richland Memorial Hospital Foundation
(c) University of South Carolina Alumni Association
(d) South Carolina Bar Foundation
(e) St. John's Episcopal Church
Mr. Barber testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Mr. Barber testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Mr. Barber testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Mr. Barber to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Barber attended the following CLEs in the immediate past 5 years:
1991- Domestic Practice; Evidence Law Update
1992- Legal Ethics & Real Life; Effective Deposition Techniques and Strategies for Success; Domestic Practice
1993- Preventing Motion Sickness; That Was the Year that Was
1994- Rules, Rules, Rules; Ethical Considerations; Business Torts, Title Insurance and Underwriting
1995- The New South Carolina Rules of Evidence
1996- Consumer Law Seminar; Corporation, Banking & Securities/Tax Law Joint Seminar; Trial Practice Tune-Up; Chicago Title-Insurance Claims and Underwriting Seminar
Mr. Barber provided that he taught Business Law at the University of South Carolina College of Applied Sciences.
(4) Character:
The Commission's investigation of Mr. Barber did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Mr. Barber did not indicate any evidence of a troubled financial status. Mr. Barber has handled his financial affairs responsibly.
The Commission also noted that Mr. Barber was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
Mr. Barber provided that he has been sued in his capacity as County Councilman for Richland county.
(5) Reputation:
Mr. Barber is married and has three children, ages 12, 8, and 6.
Mr. Barber was the recipient of the President's Cup for distinguished service to the South Carolina Association of Counties in 1981, and was named its President in 1986.
(6) Physical Health:
Mr. Barber appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Mr. Barber appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Mr. Barber was admitted to the South Carolina Bar in 1969. Upon graduating from law school, Mr. Barber worked for the United States Department of Justice from 1970 to 1972, for the Law Offices of Henry H. Edens from 1972 to 1977, and as a partner in the firm of Todd & Barber since 1977.
Mr. Barber also provided a letter to the Commission that details his experience in criminal trial law. Most of this experience was during his employment with the U.S. Department of Justice, Internal Security Division, in Washington, D.C. during the years from 1970 to 1972. One of his assignments was to work in the Special Litigation Section which was created to respond to much of the violence that arose out of the anti-Vietnam war efforts. In addition, he was involved in a number of high profile matters that included the bombing of the U.S. Capitol case, the Pentagon Papers case, and the Media, Pennsylvania FBI break-in case.
Mr. Barber provided the following as his 5 most significantly litigated matters:
(a) Shirley and Jack Curry, d/b/a C & T Properties v. South Carolina Coastal Council, 89-CP-10-0676
(b) Irwin Lynn Hamby v. Linda Snelson Hamby, 216 S.E.2d 536 (1975).
(c) James E. Nash and John D. Medlin, Individually and as Shareholders on Behalf of Andy's Delicatessen, Inc. V. Adnan Shlon, Docket No.: 88-CP-40-1390.
(d) Parkway Advertising Corporation v. South Carolina Department of Highways and Public Transportation, Future Outdoor Advertising Company, Inc., The County of York, South Carolina.
(e) State of South Carolina v. Ruby Hiott, et al.
(9) Judicial Temperament:
The Commission believes that Mr. Barber's temperament would be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Mr. Barber meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Lee meets the qualifications prescribed by law for continued judicial service.
Judge Lee was born on September 17, 1958. She is 38 years old. She has been a resident of South Carolina for at least the immediate past 5 years. Judge Lee also has been a licensed attorney in South Carolina since 1984.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical behavior by Judge Lee.
Judge Lee demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Lee reported that she was a member of the following bar associations and professional organizations:
(a) American Bar Association (1985-1990)
(b) South Carolina Bar Association
(c) South Carolina Women Lawyers Association
(d) Richland County Bar Association
(e) Young Lawyers Division representative to the Committee on Continuing Legal Education (July 1987-June 1988)
(f) Associate Commissioner, Board of Grievances and Discipline (1987-1989)
Judge Lee provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
(a) Columbia Chapter of The Links, Inc. (1987-present), Corresponding Secretary 1990-1993, Vice President 1993-1994, President 1994 to present
(b) Columbia Chapter, Jack and Jill of America, Inc. (1992-present), Parliamentarian 1995-present
(c) St. Peter's Catholic School Board (1993-1997), Chairperson 1995- 1996
Judge Lee testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Lee testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Lee testified that she had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Judge Lee to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Lee provided that during the previous five years she has attended all facets of CLE/JCLE seminars.
Judge Lee provided the following courses and CLEs/JCLEs that she has taught:
(a) Basic Elements of Proof in the Family Court (1995)
(b) Basic Federal Court Practice (1985)
(c) Drafting Criminal Laws under the Sentencing Classification Act (1993)
(d) Bridge the Gap (1996)
(e) That Was the Year That Was (1997)
(4) Character:
The Commission's investigation of Judge Lee did not reveal any evidence of complaints, grievances, or criminal allegations made against her. The Commission's investigation of Judge Lee did not indicate any evidence of a troubled financial status. Judge Lee has handled her financial affairs responsibly.
The Commission also noted that Judge Lee was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
Judge Lee has neither been sued personally nor professionally and has neither been disciplined nor cited for unprofessional conduct or a breach of ethics.
(5) Reputation:
Judge Lee is married with two children, ages 8 and 5.
In 1994, Judge Lee was elected by the General Assembly to the office of Administrative Law Judge.
(6) Physical Health:
Judge Lee appears to be physically capable of performing the duties of the office she seeks.
(7) Mental Stability:
Judge Lee appears to be mentally capable of performing the duties of the office she seeks.
(8) Experience:
Judge Lee was admitted to the South Carolina Bar in 1984. Upon graduating from law school, Judge Lee worked as a Judicial Clerk for the Honorable Israel M. Augustine, Jr., Louisiana 4th Circuit Court of Appeals from 1982-83; as a Judicial Clerk for the Honorable C. Tolbert Goolsby, Jr., South Carolina Court of Appeals from 1983 to 1984; as an Associate at McNair Law Firm from 1984 to 1989; as Staff Counsel to the South Carolina Legislative Council from 1989 to 1994; and has been serving as an Administrative Law Judge since 1984.
Judge Lee also provided a letter to the Commission that details her trial experience while in private practice. At the McNair Law Firm, Judge Lee acted as co-counsel in the representation of a defendant charged with murder. She also handled numerous civil matters, most of which settled before trial or resulted in summary judgment or directed verdicts.
Through the letter provided to the Commission and through its questions to Judge Lee in the public hearing, the Commission is satisfied that Judge Lee possesses the necessary experience to be a circuit court judge.
Judge Lee listed the following as her 5 most significant orders or opinions:
(a) State Farm Fire & Gas Co., et al. v. S.C. Dept. of Insurance and S.C. Dept. Of Consumer Affairs, Docket No. 96-ALJ-09-0043-CC
(b) Coastal Carolina Laboratory v. S.C.DHEC, Docket No. 95-ALJ- 07-0678-CC
(c) M.T.Golf, Inc. v. S.C.Dept. of Revenue, Docket No. 95-ALJ-17- 0490-CC
(d) D'Eredita & Fogle v. S.C.DHEC & Fogle, Docket No. 94-ALJ- 07-0319-CC
(e) S.C.Dept. of Revenue & Taxation v. Strong & Wallace, d/b/a Dealer's Choice and Best Bet, Docket No. 95-ALJ-17-0112-CC
(9) Judicial Temperament:
The Commission believes that Judge Lee's temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Lee meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Mr. Walters meets the qualifications prescribed by law for judicial service.
Mr. Walters was born on May 24, 1964. He is 32 years old. He has been a resident of South Carolina for at least the immediate past 5 years. Mr. Walters also has been a licensed attorney in South Carolina since 1990.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical behavior by Mr. Walters.
Mr. Walters demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Mr. Walters reported that he was an officer in The Magnolia Group of Orangeburg, a newly formed investment corporation.
Mr. Walters provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
(a) YMCA- Orangeburg County
(b) The Family Health Center-Orangeburg County
(c) NAACP
(d) Junior Achievement Board-Orangeburg
(e) Habitat for Humanity Board
(f) Claflin College Board of Distinguished Visitors
(g) UNCF-Chairman (1995-96)
(h) Former member of Orangeburg Arts Council
(I) Boy Scouts Volunteer
Mr. Walters testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Mr. Walters testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Mr. Walters testified that he had no campaign expenditures.
(3) Professional and Academic Ability:
The Commission found Mr. Walters to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Walters provided that during the previous five years he has attended the mandatory CLE courses as required by the SC Bar.
(4) Character:
The Commission's investigation of Mr. Walters did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Mr. Walters did not indicate any evidence of a troubled financial status. Mr. Walters has handled his financial affairs responsibly.
The Commission also noted that Mr. Walters was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
Mr. Walters provided that he has neither been sued personally nor professionally. While he has had two grievances filed against him, both have been investigated and dismissed by the South Carolina Bar.
(5) Reputation:
Mr. Walters is married and has one infant son.
(6) Physical Health:
Mr. Walters appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Mr. Walters appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Mr. Walters was admitted to the South Carolina Bar in 1990. Upon graduating from law school, Mr. Walters has worked as an associate at Johnson, Toal & Battiste from 1989 to 1991, as an Assistant Public Defender at the Richland County Public Defenders Office from 1991-1992, as an Assistant Public Defender at the Orangeburg County Public Defenders Office from 1992-1993, and as a sole practitioner since 1993.
Mr. Walters listed the following as his 5 most significantly litigated matters:
(a) Shawana Mitchell, by her GAL, Pansy Jackson v. Orangeburg School District 2,
Case No. 94-CP-38-98 Ct of Common Pleas, 1st Jud. Circuit.
(b) Alphonso Jenkins, Jerome Jenkins, Leveland Jenkins, Charles L. Jenkins v. Geneva J. Bovain, Case No. 95-ES-09-00047 Ct. Of Probate 1st Jud. Cir.
(c) Beth Randolph v. Stone Manufacturing Co. & Royal Insurance, WCC File No. 9443303.
(d) State v. Leroy Frazier, 1st Jud Cir., General Sessions
(e) State v. Joseph Bennett, 1st Jud. Cir., General Sessions
(9) Judicial Temperament:
The Commission believes that Mr. Walters' temperament would be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Mr. Walters meets established criteria for the position of Circuit Court Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
Commission's Finding: QUALIFIED
(1) Constitutional qualifications:
Based on the Commission's investigation, Judge Bates meets the qualifications prescribed by law for continued judicial service.
Judge Bates was born on August 11, 1962. He is 34 years old. He has been a resident of South Carolina for at least the immediate past 5 years. Judge Bates has also been a licensed attorney in South Carolina since 1987.
(2) Ethical fitness:
The Commission's investigation did not reveal any evidence of unethical conduct.
Judge Bates demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Judge Bates is a member of a small investment group known as the Bacchus Investment Group with nine other partners, five who are attorneys. The group makes quarterly contributions and meets periodically to discuss and consider stock investment opportunities. Judge Bates indicated that if he were assigned a case involving any of the partners as litigant or counsel, he would recuse himself.
Judge Bates reported that he was a member of the following professional organizations:
(a) SC Bar Association;
(b) SC Bar Young Lawyers Division (New Admittee Task Force, Diversity Task Force);
(c) Richland County Bar Association.
Judge Bates listed the following organizations of which he is currently or has been a member:
(a) Eastminster Presbyterian Church;
(b) Presbyterian College Alumni Association;
(c) Presbyterian College Scotsmen Club;
(d) Sigma Nu Alumni Association;
(e) Columbia YMCA;
(f) Columbia Museum of Art.
Judge Bates testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Bates testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
Judge Bates testified that he had no campaign expenditures.
(3) Professional and academic ability:
The Commission found Judge Bates to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Bates stated that he has consistently exceeded his CLE requirements. He has attended classes at the National Judicial College in Reno, completing the following courses: Administrative Law: Fair Hearing, Logic for Judges, and Judicial Writing.
Judge Bates has given several presentations on the Administrative Law Division for the SC Bar's CLE programs, the SC Alliance of Legal Assistant Associations, the Columbia Legal Assistant Association, and the Columbia Junior College Center for Paralegals. He has given the lecture "Effects of 1991 Ethics Act on Local Government" to the Municipal and County Attorneys Institute.
(4) Character:
The Commission's investigation of Judge Bates did not reveal any evidence of complaints, grievances, or criminal allegations made against him. The Commission's investigation of Judge Bates did not indicate any evidence of a troubled financial status. Judge Bates has handled his financial affairs responsibly.
The Commission also noted that Judge Bates was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:
Judge Bates is married and has no children.
Judge Bates indicated that he is not rated in Martindale-Hubbell.
While in college in 1982, Judge Bates was cited by a game warden for camping on game management property without a permit and for littering. He paid the $60 fine in magistrate's court.
(6) Physical health:
Judge Bates appears to be physically capable of performing the duties of the office he seeks.
(7) Mental stability:
Judge Bates appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Judge Bates was admitted to the South Carolina Bar in 1987.
After graduating from law school, Judge Bates practiced with Turner, Padget, Graham & Laney in the general litigation and workers' compensation areas. From 1988-1993, he was counsel to the Speaker of the SC House. From 1989-1991, he served as staff counsel for the Joint Legislative Committee for Judicial Screening, and from 1991-1993, he served as Staff Counsel for the SC House Legislative Ethics Committee. From 1993 to 1994, he practiced with Roy Bates in the litigation and corporate areas.
Judge Bates was elected Administrative Law Judge, Seat #2 in February 1994.
Judge Bates listed his 5 most significant orders or opinions as follows:
(a) Department of Labor, Licensing, and Regulation, Board of Pharmacy, In Re: Proposed Regulation of the Board of Pharmacy, 95-ALJ-11-0708-RH. This case dealt with proposed pharmacy regulations. Judge Bates found the regulation to be needed, but ordered the General Assembly to modify the drafting to clarify ambiguities.
(b) Jules S. Nevaiser. M.D. v. Department of Labor, Licensing and Regulation, Board of Medical Examiners, 94- ALJ-11-0150-AP. This case was an appeal of a final decision of the Board of Medical Examiners to permanently revoke a medical license for professional misconduct. The decision was affirmed by the Circuit Court in November 1996, No. 95-CP-26-901.
(c) DOR v. Clyde J. Burriss, Sr., d/b/a C. Joseph Burriss Liquors, 96- ALJ-17-0201-CC. In this contested case, DOR sought to revoke a retail liquor license because the licensee was "not of good repute" since he did not pay his federal income taxes. The decision to revoke was appealed to the circuit court, which dismissed, No. 96-CP-10-2625,
(d) John Lindsey, Charleston County Assessor v. Kiawah Real Estate Co., et. al., 96-ALJ-17-0303-CC. This case involved a property tax valuation issue relating the auction sale price of properties sold at an RTC auction. The total fair market value of the properties was found to be $32,841,975.
(e) DOR v. Mickey Stacks, d/b/a Red Dot Amusements and M.H.S. Enterprises, d/b/a Treasures, 95-ALJ-17-0742-CC. This contested case involved numerous alleged video poker violations under the Video Game Machines Act. The decision was appealed and is pending, No. 96-CP-40-889.
(9) Judicial Temperament:
The Commission believes that Judge Bates temperament has been and would continue to be excellent.
(10) Miscellaneous:
The Commission received the report of the South Carolina Bar. The Bar found that Judge Bates meets established criteria for the position of Administrative Law Judge. Any concerns that were raised by the Bar have been investigated by the Commission and incorporated into its screening of the candidate.
The following persons were unanimously found qualified:
James R. Barber, III
Stephen P. Bates
Gary E. Clary
Jasper M. Cureton
R. Markley Dennis, Jr. *
Jackson V. Gregory
H. Dean Hall
William T. Howell
Alison Renee Lee
James E. Lockemy
David H. Maring, Sr.
L. Henry McKellar
Larry R. Patterson
Costa M. Pleicones
A. Victor Rawl
Paul E. Short, Jr.
Malcolm Duane Shuler
Paula H. Thomas
Glenn Walters
Joseph J. Watson
* Mr. Lightsey did not participate in the screening of Judge Dennis.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Representative F. G. Delleney, Jr., Vice-Chairman
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Representative Ralph W. Canty
/s/Representative William Douglas Smith
/s/Harry M. Lightsey, Jr., Esquire
/s/Judge Curtis G. Shaw
/s/Irma R. Pringle, Esquire
/s/Nick Fisher, Esquire
The following was received from the Senate.
Columbia, S.C., April 1, 1997
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. 461:
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
Very respectfully,
President
On motion of Rep. H. BROWN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. DANTZLER, LAW, and HINSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 3800 -- Rep. Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE ANDREW JACKSON ACADEMY "CONFEDERATES" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, APRIL 16, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996 SCISAA CLASS A STATE FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Andrew Jackson Academy "Confederates" Football Team, coaches , and other school officials on Wednesday, April 16, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1996 SCISAA Class A State Football Championship.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3801 -- Reps. Wilkins, F. Smith, Loftis, Haskins, Cato, Tripp, Hamilton, Vaughn, Easterday, McMahand, Rice and Leach: A BILL TO AMEND SECTION 9-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE PENSION FUND FOR MUNICIPAL FIREMEN, SO AS TO CHANGE THE COMPOSITION OF THE BOARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3802 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO EXCEPT A DISCLOSURE MADE TO A STATE OR FEDERAL LEVEL GOVERNMENT OFFICIAL ELECTED FROM THE STATE OF SOUTH CAROLINA FROM WHOM THE TAXPAYER HAS SOUGHT ASSISTANCE.
Referred to Committee on Ways and Means.
H. 3803 -- Rep. Boan: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX COLLECTION AND ENFORCEMENT, BY ADDING SECTION 12-54-215 SO AS TO PROHIBIT INSPECTION OR "BROWSING" OF RETURN INFORMATION FOR PERSONAL GAIN OR ADVANTAGE BY AN EMPLOYEE OF THE DEPARTMENT OF REVENUE AND TO PROVIDE FOR CRIMINAL PENALTIES AND TERMINATION OF EMPLOYMENT FOR VIOLATION OF THIS SECTION.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Cave Chellis Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Jordan Keegan Kennedy Kinon Kirsh Klauber Knotts Koon Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neal Parks Pinckney Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 2.
Eugene C. Stoddard Thomas N. Rhoad Rex Fontaine Rice Amos Lee Gourdine Jackson S. Whipper William Clyburn Mark S. Kelley R. Andre' Bauer George H. Bailey James N. Law Douglas Jennings, Jr. Leon Howard Richard M. Quinn, Jr. Curtis B. Inabinett Daniel L. Tripp Denny W. Neilson Bessie Moody-Lawrence Steve P. Lanford Alma W. Byrd Olin R. Phillips Elsie Rast Stuart C. Alex Harvin III Harry R. Askins Ralph W. Canty Jerry N. Govan, Jr. Grady A. Brown
LEAVE OF ABSENCE
The SPEAKER Pro Tempore granted Rep. G. BROWN a temporary leave of absence.
Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 585 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 7, 1997, MISSED BY STUDENTS OF EDWARDS ELEMENTARY SCHOOL IN CHESTERFIELD COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOL WAS CLOSED DUE TO SEVERE VANDALISM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3772 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Littlejohn: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PURCHASE AND HOLD LAND FOR SALE AT A LATER DATE TO ONE OR MORE INDUSTRIAL CUSTOMERS.
Rep. KIRSH explained the Bill.
The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3707 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3708 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3709 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
The following Bill was taken up.
H. 3174 -- Reps. Knotts and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR THE ISSUANCE OF "CHARTER LIMOUSINE" LICENSE PLATES.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3444 -- Reps. Keegan, Bailey, Kelley and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 262 -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 56-3-7860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SHRINER LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT ONLY ONE PLATE MAY BE ISSUED TO A SHRINER.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3766 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE PERSONNEL COMPENSATION GUIDE AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
Rep. LITTLEJOHN moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.
Upon the withdrawal of requests for debate by Reps. SIMRILL, YOUNG-BRICKELL and ROBINSON the following Bill was taken up.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4230CM.97), which was adopted.
Amend the bill, as and if amended, Section 56-3-7950(C), page 2, line 23, by deleting /one/ and inserting /three/.
When amended Section 56-3-7950(C) reads:
/(C) The department shall receive three hundred or more applications requesting a special license plate for a fraternity or sorority before a specialized license plate may be developed for that organization./
Amend further Section 56-3-7950, page 2, after line 25, by adding:
/(D) A special license plate issued pursuant to this section shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization./
Reletter subsections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. McMAHAND, MASON, SCOTT and F. SMITH withdrew their requests for debate on the following Bill whereupon requests for debate were raised by Reps. KIRSH and DAVENPORT.
H. 3710 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-175 AND 56-1-176 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE WITH ANY MEASURABLE AMOUNT OF ALCOHOL; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS OF HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION, PROCEDURE, ISSUANCE, AND RENEWAL OF, AND FEE FOR A BEGINNER'S PERMIT, SO AS TO REVISE THE CONDITIONS UNDER WHICH A PERSON HOLDING A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO PROVIDE THAT BEFORE OBTAINING FULL LICENSURE CERTAIN PERSONS MUST HOLD A BEGINNER'S PERMIT FOR NINETY DAYS, AND TO DEFINE "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO EXAMINATIONS FOR BASIC AND CLASSIFIED LICENSES, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH THE HOLDER OF A PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE SPECIAL RESTRICTED DRIVER'S LICENSE FOR MINORS, SO AS TO REVISE THE AGE OF A PERSON THAT MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO DELETE A REFERENCE TO AN INSTRUCTION PERMIT, TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY OPERATE A VEHICLE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE CONDITIONS UPON WHICH A WAIVER OR MODIFICATION OF THE LICENSE RESTRICTIONS MAY BE GRANTED AND THE CONTENTS OF THE STATEMENT THAT MUST BE INCLUDED IN AN APPLICATION FOR WAIVER OR MODIFICATION OF THE RESTRICTIONS, AND TO DEFINE "DAYLIGHT HOURS"; AND TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS FROM A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A HOLDER OF A BEGINNER'S PERMIT, PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF CERTAIN TRAFFIC OFFENSES SHALL HAVE HIS LICENSE SUSPENDED FOR SIX MONTHS.
The veto on the following Act was taken up.
(R15) H. 3339 -- Reps. Bauer and Riser: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bauer Gamble Howard Knotts Koon Riser Stuart
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3089 -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
H. 3397 -- Reps. Wilkins, D. Smith, Limbaugh, Haskins, Robinson, Cato, Knotts, Harrison, Loftis, Delleney, Davenport, Vaughn, Easterday, Young-Brickell, Cotty, McMaster, Fleming, Harrell, Allison, Law, Riser, Mason, Simrill, Cooper, Barrett, H. Brown, Sandifer, Rice, Hinson, Sharpe, Seithel, R. Smith, Kelley, Chellis, Klauber, Cromer, Dantzler, Meacham, Keegan, Trotter, Tripp, Lanford, Whatley, Littlejohn, Edge, Quinn, Kirsh, Bauer, Jordan and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60, 6-1-85, AND 59-73-35, SO AS TO LIMIT THE REVENUE RAISING AUTHORITY OF MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS, INCLUDING A PROHIBITION ON REAL ESTATE TRANSFER FEES AND TAXES, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, AS AMENDED, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS, SO AS TO PROVIDE THE USES FOR THE IMPOSITION OF UNIFORM SERVICE CHARGES AND THE CREDITING OF CHARGE REVENUE, AND TO PROVIDE FOR THE SEVERANCE OF OTHER PARTS OF THIS ACT IF ANY PORTION OF IT IS HELD UNCONSTITUTIONAL, INVALID, OR OTHERWISE INEFFECTIVE.
The following Concurrent Resolution was taken up.
H. 3363 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.
Whereas, the members of the General Assembly find it is important to support and endorse the standards of the traditional family unit; and
Whereas, the State of South Carolina should promote the health, safety, and welfare of the people of this State; and
Whereas, the members of the General Assembly believe they should promote public policy which preserves traditional family values and protects present and future generations; and
Whereas, the members of the General Assembly find that the traditional family unit offers the best structure for future generations and the best support for older generations and should be the basis for all public policy affecting families and family life in this State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, recognize the traditional family unit as the cornerstone for family life in South Carolina and shall rely upon all existing state laws to protect the traditional family unit in shaping public policy in the State.
Rep. DAVENPORT explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3473 -- Reps. Felder, Vaughn, Carnell, Kinon, Lanford, Allison, Harvin, McKay, Kennedy, Neilson, Cobb-Hunter, Koon, Robinson, Cooper, Young-Brickell, H. Brown, R. Smith, Harrell, Kelley, Boan and Riser: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ALLOW AN OPTION UNDER THE MEDICAID PROGRAM PERMITTING CONTINUED MEDICAID COVERAGE FOR PERIODS OF AT LEAST A YEAR AFTER A SEVERELY DISABLED SSI RECIPIENT GAINS COMPETITIVE EMPLOYMENT AND LOSES SSI ELIGIBILITY AS A RESULT OF THE FORMER RECIPIENT'S EARNINGS LEVEL AND TO FURTHER MEMORIALIZE CONGRESS TO ALLOW THIS STATE TO CREATE A DEMONSTRATION PROJECT ALLOWING THE PURCHASE OF MEDICAID COVERAGE THROUGH A SLIDING PREMIUM SCALE BASED ON INCOME FOR PERSONS WITH SEVERE DISABILITIES WHO ARE COMPETITIVELY EMPLOYED BUT WITHOUT ACCESS TO EMPLOYER PROVIDED HEALTH INSURANCE.
Be it resolved by the General Assembly of the State of South Carolina that the Congress of the United States is memorialized to allow an option under the Medicaid program permitting continued Medicaid coverage for periods of at least a year after a severely disabled SSI recipient gains competitive employment and loses SSI eligibility as a result of the former recipient's earnings level.
Be it further resolved that the Congress of the United States is memorialized to allow this State to create a demonstration project allowing the purchase of Medicaid coverage through a sliding premium scale based on income for persons with severe disabilities who are competitively employed, but without access to employer provided health insurance.
Be it further resolved that copies of this resolution be forwarded to the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of this state's Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3497 -- Reps. Jennings, Baxley, Young, Bailey, Whatley, M. Hines, Scott, J. Hines, G. Brown, Young-Brickell, F. Smith, J. Smith, Cobb-Hunter, Whipper, Neilson, Clyburn, Knotts, Beck, Kinon, Stuart, R. Smith, Cato, Davenport, Riser, Chellis, Wilder, Moody-Lawrence, Bauer, Lloyd, Law, Battle, Meacham, Lanford, Maddox, Seithel, Martin, Jordan and Harrell: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION AND CIVIC AND COMMUNITY SERVICE ORGANIZATIONS TO IMPLEMENT AND TEACH THE EDDIE EAGLE ELEMENTARY GUN SAFETY EDUCATION PROGRAM.
Whereas, teaching children how to act safely around firearms is a critical step in the effort to reduce the number of accidents related to firearms that involve children; and
Whereas, the General Assembly of the State of South Carolina would like to encourage civic activism and volunteerism rather than the imposition of new and unfunded state mandates on local governments as the means to reduce such accidents; and
Whereas, the Eddie Eagle Elementary Gun Safety Education Program teaches the fundamentals of firearm safety to children through a simple and clear lifesaving message offered by the program: "If you see a gun: STOP! DON'T TOUCH. LEAVE THE AREA. TELL AN ADULT."; and
Whereas, the Eddie Eagle Elementary Gun Safety Education Program is a nationally recognized firearm safety program that has been taught to over 6,000,000 children since 1988, and has been recognized by the National Safety Council as the Outstanding Community Service Program for 1993. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina encourage civic and community service organizations which are concerned about the safety and well-being of the children of this State to help provide funding for the Eddie Eagle Elementary Gun Safety Education Program at the local level.
Be it further resolved, that the members of the General Assembly of the State of South Carolina encourage the South Carolina Department of Education to promote the use of the Eddie Eagle Elementary Gun Safety Education Program in the public schools to help prevent accidents related to firearms that involve children.
Be it further resolved that a copy of this resolution be forwarded to the Superintendent of the South Carolina Department of Education, Dr. Barbara S. Neilsen.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3610 -- Reps. Harvin, Young and Woodrum: A CONCURRENT RESOLUTION REQUESTING THE NATURAL RESOURCES BOARD TO NAME THE GAME SANCTUARY THAT ENCOMPASSES TAWCAW CREEK IN CLARENDON COUNTY THE "GARTH H. MCMASTERS GAME SANCTUARY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Whereas, Garth Harold McMasters of Clarendon County died on February 19, 1997; and
Whereas, Mr. McMasters was a retired sales engineer for Murray Cotton Gin in Dallas, Texas, a former Mason, a devoted churchman, and former president and associate of C.A. Harvin Ginnery, Inc., in Summerton; he was named Ginner of the Year, 1974-75, in the Southeast; and
Whereas, he was a "sportsman's sportsman" and a beloved community leader; and
Whereas, he was an outstanding individual who earned the respect and admiration of all who knew him; he was an important member of his community who gave freely of his time, energy, and talents for the benefit of others; and it would be entirely fitting and appropriate to honor the memory of such a fine man in a special way. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Natural Resources Board to name the game sanctuary that encompasses Tawcaw Creek in Clarendon County the "Garth H. McMasters Game Sanctuary" and to erect appropriate markers or signs to that effect.
Be it further resolved that a copy of this resolution be forwarded to the Natural Resources Board, the family of Mr. McMasters, Mr. Gene Davis of Lee County and Mrs. C. A. Harvin, Jr., of Summerton.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 379 -- Senators Leventis, Wilson, Hayes, Lander, McConnell, Ford, Mescher, Passailaigue, Ravenel, Rose, Washington and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO AMEND THE LAWS, PARTICULARLY SECTION 107 OF TITLE 32 OF THE UNITED STATES CODE, TO BROADEN THE PURPOSES FOR WHICH THE SECRETARIES OF THE ACTIVE COMPONENTS, THROUGH THE NATIONAL GUARD BUREAU, ARE AUTHORIZED TO CONTRIBUTE FEDERAL FUNDS TO A STATE OR TERRITORY, PUERTO RICO, OR THE DISTRICT OF COLUMBIA TO SUPPORT ACTIVITIES ASSOCIATED WITH THE AFFAIRS OF THE ACTIVE COMPONENTS IF THE SECRETARY CONCERNED AND THE CHIEF OF THE NATIONAL GUARD BUREAU AGREE TO DELEGATE RESPONSIBILITY FOR EXECUTING THOSE FUNCTIONS TO THE NATIONAL GUARD.
Whereas, the National Guard has the capability and expertise to provide necessary service support to the active components of the Armed Forces of the United States; and
Whereas, under existing law there is no authority to use federal assistance instruments, such as cooperative agreements, to reimburse the expenses that are incurred by the National Guard of a state primarily in support of the active components; and
Whereas, this result is contrary to the seamless concept for the active and reserve components; and
Whereas, this result is undesirable in light of the fact that the National Guard could be required to use equipment upon mobilization it did not previously have for training and maintenance; and
Whereas, the ability to extend applicability of the present federal-state assistance relationships would enable the National Guard to assume large scale service support missions for the active components that otherwise could not be undertaken; and
Whereas, the transfer of certain service support missions to the National Guard would promote integration of the active and reserve components, enhance the skills and readiness of the National Guard, and provide the active components with cost savings as a result of National Guard expertise and economies of scale. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, memorializes the Congress of the United States to amend the laws, particularly Section 107 of Title 32 of the United States Code, to broaden the purposes for which the Secretaries of the active components, through the National Guard Bureau, are authorized to contribute federal funds to a state or territory, Puerto Rico, or the District of Columbia to support activities associated with the affairs of the active components if the Secretary concerned and the Chief of the National Guard Bureau agree to delegate responsibility for executing those functions to the National Guard.
Be it further resolved that a copy of this concurrent resolution be forwarded to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 546 -- Senator Courson: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE FEDERAL GASOLINE TAX OVER THE NEXT TWO YEARS IN ORDER TO PROMOTE EFFICIENCY OF HIGHWAY FUNDS AND TO ELIMINATE WASTE AND DUPLICATION SINCE THE NATIONAL HIGHWAY SYSTEM IS COMPLETE AND TO PROVIDE THAT THIS RESOLUTION BE KNOWN AS THE RESOLUTION ON FEDERAL GASOLINE TAX.
Whereas, the Federal government collects over twenty-five billion dollars in dedicated transportation taxes each year; and
Whereas, the one hundred and sixty thousand mile National Highway System is complete; and
Whereas, the states have the primary responsibility for maintaining the highway system; and
Whereas, the Federal Highway Administration employs an army of engineers, auditors, attorneys and support staff that serve mainly to monitor, duplicate, and validate the efforts conducted by a similar assortment of transportation professionals in the South Carolina Department of Transportation; and
Whereas, Federal oversight activities give us mandates, sanctions, project delays and other unnecessary costs; and
Whereas, this resolution shall be known as the resolution on "Federal Gasoline Tax." Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize the Congress of the United States to end the Federal micro management of transportation infrastructure spending, and empower the states with the ability to finance, manage and maintain the United States Transportation network for the twenty-first century by eliminating the federal gasoline tax.
Be it further resolved that the Federal government eliminate the Federal gasoline tax after a two-year transition period in order to keep in the state infrastructure monies to maintain South Carolina highways.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Clerk of the United States House of Representatives, the President of the United States Senate, and the South Carolina Congressional Delegation.
Rep. QUINN explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered returned to the Senate by a division vote of 52 to 32.
The motion period was dispensed with on motion of Rep. CATO.
Rep. LIMBAUGH moved to adjourn debate upon the following Joint Resolution until Tuesday, April 15, which was adopted.
H. 3132 -- Reps. Limbaugh, Altman, Barfield, Bauer, Beck, Boan, H. Brown, Cooper, Dantzler, Davenport, Easterday, Edge, Fleming, Harrell, Haskins, Hawkins, Hinson, Jordan, Kelley, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Mason, McKay, McMaster, Meacham, Mullen, Quinn, Rice, Riser, Rodgers, Sandifer, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Whatley, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
The following Bill was taken up.
H. 3275 -- Reps. Klauber, Seithel, Sharpe, Simrill, Knotts, Fleming, Miller, Whatley, Robinson, Trotter, Hawkins, Sandifer, Bauer, R. Smith, Woodrum, Limbaugh, Young, Haskins, Wilder, D. Smith, Webb, Barrett, Witherspoon, Harrell, Leach, Young-Brickell, Kelley, Rodgers and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-33 SO AS TO PROVIDE THAT CERTAIN PRISONERS MAY BE HOUSED IN TENTS; AND TO REPEAL CHAPTER 9 OF TITLE 24 RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4222CM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Prison Overcrowding Relief Act of 1997".
SECTION 2. The 1976 Code is amended by adding:
"Section 24-3-33. (A) The Department of Corrections may use tents, soft-sided, temporary, or portable structures to house prisoners eligible for minimum custody confinement or work release.
(B) A person charged with the operation of a county jail or detention facility may use tents, soft-sided, temporary, or portable structures to house pretrial detainees and prisoners convicted of nonviolent offenses.
(C) The release of prisoners must not be ordered under a provision of the laws of this State, including Section 24-22-40, unless the department or a person charged with the operation of a county jail or detention facility has erected tents, soft-sided, temporary, or portable structures to house inmates eligible to be housed.
(D) If the department or a person charged with the operations of a county jail or detention facility elects to use tents, soft-sided, temporary, or portable structures to house inmates as provided in this section, a tent, soft-sided, temporary, or portable structure constructed or used must be subject to fire safety inspections by the State Fire Marshal under fire safety codes for structures housing the number of persons to be housed in each tent, soft-sided, temporary, or portable structure.
(E) The person charged with the operation of a county jail or detention facility shall promulgate minimum standards for housing prisoners in tents, soft-sided, temporary, or portable structures. These standards must be approved by a majority vote of the governing body that oversees the operation of the facility."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KLAUBER explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, T. Byrd Canty Cave Cobb-Hunter Gourdine Hines, J. Howard Inabinett Lloyd Mack Moody-Lawrence Neal Parks Pinckney Scott Smith, F.
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, M. Hinson Hodges Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McKay McLeod McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
Rep. SCOTT moved to adjourn debate upon the Bill until Tuesday, April 8.
Rep. KLAUBER moved to table the motion, which was agreed to.
Rep. SCOTT moved to continue the Bill, which was not agreed to by a division vote of 15 to 80.
The question then recurred to the adoption of the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Hodges Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McKay McLeod McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, T. Byrd Canty Cave Cobb-Hunter Gourdine Hines, J. Hines, M. Howard Inabinett Lee Lloyd Mack McMahand Moody-Lawrence Neal Parks Pinckney Scott Smith, F.
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3177 -- Rep. Seithel: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO LICENSING OF CONTRACTORS, SO AS TO PROVIDE THAT GENERAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR A FEE OF FIVE THOUSAND DOLLARS OR MORE AND THAT MECHANICAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE AND TO DEFINE MARINE CONSTRUCTION; AND TO AMEND SECTION 40-59-10, AS AMENDED, RELATING TO DEFINITIONS RELATIVE TO LICENSING RESIDENTIAL BUILDERS, SO AS TO PROVIDE THAT RESIDENTIAL BUILDERS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5934AC.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-11-10 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) 'Saltwater Marine Construction' includes all marine construction activities in deep-water installations and on repairs done in harbors, inlets, sounds, bays, and channels in bodies of saltwater as determined by the saltwater-freshwater dividing lines defined in Section 50-17-30; also included is construction and installation in bodies of saltwater of pilings, dredging, pier and slip construction, causeways, docks, and bulkheads."
SECTION 2. Section 40-11-10(1) of the 1976 Code is amended to read:
"(1) A 'general contractor' shall be is one who for a fixed price, commission, fee, or wage undertakes or offers to undertake the construction or superintending of construction of any building, highway, sewer, grading, improvement, reimprovement, structure, or part thereof, when the cost of the undertaking is thirty thousand dollars or more. Anyone who engages or offers to engage in such undertaking in this State shall be is deemed to have engaged in the business of general contracting in this State. Anyone who engages or offers to engage in saltwater marine construction when the cost of such undertaking is ten thousand dollars or more is deemed to have engaged in the business of saltwater marine construction and must have the saltwater marine classification issued by the board upon successful completion of the appropriate examination. Nothing in this chapter prevents a person, or a person's agents, from performing saltwater marine construction on the person's own residence or on other real estate held for personal or rental, as opposed to speculative, purposes."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAILEY explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 26 to 42.
The amendment was then adopted.
Rep. KIRSH moved to table the Bill, which was not agreed to by a division vote of 34 to 48.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Byrd Canty Carnell Cato Cave Chellis Cotty Cromer Dantzler Easterday Edge Felder Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, M. Hinson Hodges Howard Jennings Keegan Kennedy Knotts Koon Law Leach Limehouse Mack Martin Mason McCraw Mullen Neilson Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Smith, J. Smith, R. Spearman Stoddard Tripp Vaughn Walker Webb Whatley Wilkins Young-Brickell
Those who voted in the negative are:
Bowers Brown, T. Campsen Cooper Davenport Delleney Fleming Inabinett Jordan Kelley Kirsh Lanford Lee Littlejohn Lloyd Loftis Maddox McKay McLeod McMahand Meacham Moody-Lawrence Parks Robinson Sheheen Simrill Smith, F. Stille Trotter Wilder Wilkes Witherspoon Woodrum Young
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 33 -- Senators Cork, Rankin, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Rep. YOUNG explained the Bill.
Rep. YOUNG continued speaking.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Battle Baxley Boan Bowers Brown, H. Brown, T. Campsen Cave Cotty Cromer Dantzler Edge Harrell Harrison Harvin Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Knotts Law Lee Limbaugh Limehouse Lloyd Mack Maddox Martin McKay McLeod McMaster Miller Pinckney Quinn Rhoad Riser Robinson Rodgers Sharpe Smith, D. Smith, J. Smith, R. Spearman Stuart Whatley Wilkes Wilkins Woodrum Young
Those who voted in the negative are:
Barrett Bauer Beck Byrd Carnell Cato Chellis Cooper Davenport Delleney Easterday Fleming Gamble Gourdine Hamilton Haskins Hawkins Hines, J. Hines, M. Jordan Kirsh Klauber Koon Lanford Leach Littlejohn Loftis Mason McCraw McMahand Meacham Moody-Lawrence Neal Neilson Parks Phillips Rice Sandifer Seithel Sheheen Simrill Smith, F. Stille Stoddard Tripp Trotter Vaughn Walker Webb Wilder Witherspoon Young-Brickell
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\6028HTC.97), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 3, subitem 2, line 12, opposite Department of Corrections-Construction, by striking / 54,700,000 / and inserting / 0/.
Amend further, SECTION 2, page 4, line 3, by striking / $2,146,199,526.10 / and inserting / $2,091,499,526.10/.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. KIRSH continued speaking.
Rep. HARRELL spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Campsen Carnell Cato Cave Chellis Cotty Cromer Dantzler Edge Felder Fleming Gamble Govan Harrell Harrison Harvin Hinson Jennings Jordan Keegan Kelley Kennedy Klauber Knotts Koon Limbaugh Limehouse Maddox Martin Mason McKay McMaster Neilson Parks Rhoad Rice Riser Rodgers Sandifer Sharpe Smith, R. Spearman Stoddard Stuart Townsend Webb Whatley Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Bowers Breeland Brown, T. Byrd Clyburn Cobb-Hunter Cooper Davenport Delleney Easterday Gourdine Hamilton Haskins Hines, J. Hines, M. Inabinett Kinon Kirsh Lanford Leach Lee Littlejohn Lloyd Loftis Mack McLeod McMahand Meacham Miller Moody-Lawrence Neal Pinckney Quinn Robinson Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Stille Tripp Trotter Walker Whipper Wilder Wilkes Young-Brickell
So, the amendment was tabled.
Rep. TOWNSEND proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\20439SD.97), which was tabled.
Amend the bill, as and if amended, in SECTION 1 by inserting immediately after line 15, page 3,
/School buses 25,000,000/
Amend further in SECTION 2 by striking /$2,146,199,526.10/ on line 3, page 4, and inserting /$2,171,199,526.10/
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TRIPP spoke against the amendment.
Rep. TRIPP moved to table the Bill.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Cato Cooper Davenport Easterday Hamilton Haskins Kirsh Lanford Loftis Meacham Miller Quinn Rice Robinson Seithel Sheheen Smith, D. Stille Stuart Tripp Walker Young-Brickell
Those who voted in the negative are:
Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, T. Byrd Campsen Carnell Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Edge Felder Fleming Gamble Gourdine Govan Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Klauber Knotts Koon Law Leach Lee Limbaugh Limehouse Lloyd Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Moody-Lawrence Neal Neilson Parks Phillips Pinckney Rhoad Riser Rodgers Sandifer Sharpe Simrill Smith, F. Smith, J. Smith, R. Spearman Stoddard Townsend Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young
So, the House refused to table the Bill.
Rep. HARRELL spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Battle Bauer Boan Brown, H. Campsen Carnell Cave Chellis Cobb-Hunter Cromer Dantzler Davenport Edge Felder Fleming Gamble Gourdine Govan Harrell Harvin Hawkins Hinson Hodges Howard Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh McCraw McKay Meacham Neal Neilson Parks Quinn Riser Rodgers Simrill Smith, J. Smith, R. Spearman Stuart Vaughn Whatley Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Askins Barrett Baxley Beck Bowers Breeland Brown, T. Byrd Cato Clyburn Cooper Cotty Delleney Easterday Hamilton Harrison Haskins Hines, J. Hines, M. Inabinett Jordan Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McLeod McMahand McMaster Miller Moody-Lawrence Phillips Pinckney Rhoad Rice Sandifer Scott Seithel Sharpe Sheheen Smith, F. Stille Stoddard Townsend Tripp Trotter Walker Webb Whipper Wilder Young-Brickell
So, the amendment was tabled.
Reps. ROBINSON and BOAN proposed the following Amendment No. 5 (Doc Name P:\AMEND\JIC\6057HTC.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 2-7-105 of the 1976 Code, as last amended by Act 33 of 1995, is further amended to read:
"Section 2-7-105. State capital improvement bonds may be authorized by the General Assembly in odd-numbered years. A project may be authorized in the act only for a state agency or institution included in the annual general appropriations act."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment, which was not agreed to.
The amendment was then adopted.
Reps. H. BROWN, ROBINSON and BOAN proposed the following Amendment No. 6 (Doc Name P:\AMEND\JIC\6056htc.97), which was adopted.
Amend the bill, as and if amended, by by adding an appropriately numbered SECTION to read:
/SECTION ___. Chapter 101, Title 59 of the 1976 Code is amended by adding:
"Section 59-101-370. An institution of higher learning, including technical education colleges, receiving funds for new construction projects, not including funds provided for deferred maintenance or renovations, pursuant to authorizations for state capital improvement bonds shall match the state funds provided with at least twenty percent nonstate funds toward the total costs of the project identified in the bond authorization. This match requirement does not apply to any project that received A&E funding prior to July 1, 1995."/
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND proposed the following Amendment No. 7 (Doc Name P:\AMEND\GJK\20439SD.97), which was tabled.
Amend the bill, as and if amended, in SECTION 1 by inserting immediately after line 15, page 3,
/School buses 20,000,000/
Amend further in SECTION 2 by striking /$2,146,199,526.10/ on line 3, page 4, and inserting /$2,166,199,526.10/
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 67 to 41.
Rep. SEITHEL proposed the following Amendment No. 9 (Doc Name P:\AMEND\004\seithel.004), which was tabled.
Amend the bill, as and if amended, Section 1, page 2, by Striking lines 6-7 in their entirety.
Amend further Section 2, by decreasing the cumulative totals to conform
Amend totals and title to conform.
Rep. SEITHEL explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. SEITHEL spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 65 to 34.
Rep. SHARPE moved that the House recede until 2:00 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Rep. SEITHEL proposed the following Amendment No. 10 (Doc Name P:\AMEND\004\seith2.004), which was tabled.
Amend the bill, as and if amended, Section 1, page 2, line 8, by inserting the following appropriately numbered paragraph:
This money may not be used to maintain or improve any buildings used by Columbia HCA, Columbia HCA's staff, or Columbia HCA's employees. If it is found that monies appropriated here in have been used for the above purposes, Columbia HCA must reimburse the entire amount plus interest covering the cost of this portion of the indebtedness.
Rep. SEITHEL explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 10 was not germane to the Bill.
Rep. SEITHEL argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. HARRELL moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 39 to 34.
Reps. EASTERDAY, RICE, SEITHEL, QUINN and HASKINS proposed the following Amendment No. 11 (Doc Name P:\AMEND\BBM\9330SD.97), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately-numbered to read:
/SECTION _____. Notwithstanding any other provisions of this act or of law, the projects or items contained in Section 1 which are authorized to be funded through the issuance of general obligation bonds shall instead be funded through the use of available 1997-98 capital reserve fund monies and surplus 1997-98 general fund revenues. To the extent these sources of funds are not sufficient to fund all such projects or items, general obligation bonds may be then be issued for these purposes./
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
Rep. HASKINS spoke in favor of the amendment.
The SPEAKER granted Rep. CHELLIS a temporary leave of absence.
Rep. HASKINS continued speaking.
Rep. HARRELL spoke against the amendment.
Rep. QUINN spoke in favor of the amendment.
The SPEAKER granted Rep. HODGES a leave of absence for the remainder of the day.
Rep. BOAN spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. CARNELL moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Barfield Beck Boan Breeland Brown, G. Brown, H. Brown, T. Canty Carnell Cave Clyburn Cobb-Hunter Edge Felder Fleming Gourdine Govan Harrell Harvin Hines, J. Hines, M. Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Klauber Knotts Koon Law Limehouse Maddox Martin Mason McCraw McKay McMaster Moody-Lawrence Mullen Neal Neilson Rhoad Riser Rodgers Sandifer Sharpe Smith, J. Smith, R. Spearman Stoddard Townsend Trotter Webb Whatley Wilkes Wilkins Witherspoon
Those who voted in the negative are:
Altman Bailey Barrett Bauer Baxley Bowers Brown, J. Byrd Campsen Cato Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Gamble Hamilton Harrison Haskins Hawkins Inabinett Kirsh Lanford Leach Lee Limbaugh Littlejohn Lloyd Loftis Mack McLeod McMahand Meacham Miller Phillips Quinn Rice Robinson Scott Seithel Sheheen Simrill Smith, D. Smith, F. Stille Stuart Tripp Vaughn Walker Whipper Wilder Woodrum Young Young-Brickell
So, the amendment was tabled.
Rep. SEITHEL proposed the following Amendment No. 12 (Doc Name P:\AMEND\004\seith2.004), which was tabled.
Amend the bill, as and if amended, Section 1, page 2, line 8, by inserting the following appropriately numbered paragraph:
This money may not be used to maintain or improve any buildings used by Columbia HCA, Columbia HCA's staff, or Columbia HCA's employees. If it is found that monies appropriated here in have been used for the above purposes, Columbia HCA must reimburse the entire amount plus interest covering the cost of this portion of the indebtedness.
Rep. SEITHEL explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barfield Barrett Bauer Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Edge Felder Fleming Gamble Gourdine Govan Harrell Harvin Hawkins Hines, J. Hines, M. Hinson Howard Jennings Jordan Keegan Kelley Kennedy Kinon Klauber Koon Law Leach Lee Limbaugh Limehouse Lloyd Maddox Martin Mason McCraw McKay McLeod McMaster Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Rhoad Riser Rodgers Sandifer Scott Sharpe Simrill Smith, F. Smith, J. Smith, R. Spearman Stoddard Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Allison Baxley Cato Cooper Dantzler Easterday Hamilton Haskins Kirsh Lanford Littlejohn Loftis McMahand Meacham Quinn Rice Robinson Seithel Sheheen Smith, D. Stille Stuart Townsend Walker Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
I was recorded as a not voting on the Roll Call Vote of passage of H. 3694. I was called to the phone to talk to a constituent at the time of the vote. I would have voted for the passage of the Bill as a yes vote.
Rep. J.M. KNOTTS, JR.
Rep. HARRELL moved to reconsider the vote whereby the following Bill was given a second reading.
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Rep. HASKINS spoke in favor of the motion to reconsider.
Rep. HASKINS continued speaking.
Rep. YOUNG-BRICKELL moved that the house do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bowers Campsen Cato Cooper Delleney Easterday Hamilton Haskins Howard Kirsh Lanford Littlejohn Loftis McLeod Meacham Moody-Lawrence Phillips Pinckney Quinn Rice Robinson Seithel Sheheen Stuart Tripp Trotter Young-Brickell
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Brown, G. Brown, H. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Edge Felder Fleming Gamble Gourdine Govan Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Klauber Koon Law Leach Limbaugh Limehouse Lloyd Maddox Martin Mason McCraw McKay McMahand McMaster Miller Mullen Neal Neilson Riser Rodgers Sandifer Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Townsend Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young
So, the House refused to adjourn.
Rep. HASKINS continued speaking.
Rep. ROBINSON spoke in favor of the motion to reconsider.
Rep. JORDAN moved to reconsider the vote whereby Amendment No. 11 was tabled and the motion was noted.
Rep. D. SMITH spoke in favor of the motion to reconsider.
Rep. D. SMITH spoke in favor of the motion to reconsider.
Rep. LANFORD spoke in favor of the motion to reconsider.
Reps. CARNELL and FELDER spoke against the motion to reconsider.
Rep. BOAN 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:
Altman Askins Bailey Barfield Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Edge Felder Gamble Gourdine Govan Harrell Harrison Harvin Hines, J. Hines, M. Hinson Jennings Keegan Kelley Kinon Klauber Koon Law Limbaugh Limehouse Lloyd Mack Martin Mason McCraw McKay McMaster Moody-Lawrence Mullen Neilson Pinckney Riser Rodgers Sharpe Smith, R. Spearman Stoddard Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon
Those who voted in the negative are:
Allison Barrett Bauer Bowers Campsen Canty Cato Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Hamilton Haskins Hawkins Howard Jordan Kirsh Knotts Lanford Leach Lee Littlejohn Loftis Maddox McLeod McMahand Meacham Miller Neal Phillips Quinn Rice Robinson Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Stille Stuart Townsend Tripp Vaughn Woodrum Young Young-Brickell
So, the motion to reconsider was tabled.
The following Bill was taken up.
H. 3695 -- Ways and Means Committee: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS
8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\6047HTC.97), which was adopted.
Amend the bill, as and if amended, page 3, line 2, by striking /;/ and inserting /. No indebtedness of any kind incurred or created by the authority shall constitute an indebtedness to the State or any political subdivision thereof, and no such indebtedness shall involve or be secured by the faith, credit, or taxing power of the State or any political subdivision thereof. /
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc Name G:\h-member\b21\3695.1), which was tabled.
Amend the bill, page 3, item (11) to read as follows:
"(11) to pay pensions and establish pension plans, to contribute to pension trusts and other benefit and incentive plans, or to contribute to the South Carolina retirement system, for any or all of its current directors, officers, and employees."
Renumber sections to conform.
Renumber sections to conform.
Rep. SHEHEEN explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 45 to 32.
Rep. SHEHEEN proposed the following Amendment No. 4 (Doc Name G:\h-member\b21\3695.3), which was adopted.
Amend Page seven, Section 6, by adding a phrase at the end after the word "appropriations" to say:
"For the functions that have been transferred to the authority with the approval of the Budget and Control Board."
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Reps. WILKINS, ROBINSON, BOAN, HARRELL and SEITHEL proposed the following Amendment No. 7 (Doc Name P:\AMEND\DKA\4289JM.97), which was adopted.
Amend the bill, as and if amended, Section 13-4-30(6), SECTION 1, page 2, line 42, by deleting /issue notes, bonds, and other obligations,/
Amend further, Section 13-4-30(12), SECTION 1, by page 3, by deleting lines 24 through 26 and inserting:
/(12) reserved;/
Amend further, Section 13-4-30(17), SECTION 1, page 4, line 4, by deleting the semicolon and inserting / . The annual budget must identify line items including, but not limited to, personal services, operating expenses, and FTE's by program area. The annual budget must be affirmatively approved by the General Assembly in the annual general appropriations act; and/
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The SPEAKER granted Rep. YOUNG a leave of absence for the remainder of the day.
The amendment was then adopted.
Reps. ROBINSON, SEITHEL, QUINN, D. SMITH and BOAN proposed the following Amendment No. 8 (Doc Name P:\AMEND\GJK\20454sd.97), which was adopted.
Amend the bill, as and if amended, page 3, line 7, by striking /joint venture,/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. ROBINSON, SEITHEL, D. SMITH, QUINN and BOAN proposed the following Amendment No. 9 (Doc Name P:\AMEND\DKA\4290JM.97), which was adopted.
Amend the bill, as and if amended, SECTION 6, page 5, by striking line 35 and inserting:
/personnel, and unexpended appropriations. Provided, that the department has until December 31, 1998, to make the transfer authorized pursuant to this measure; and provided, further, that any subsequent transfer must be approved by joint resolution of the General Assembly./
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. ROBINSON, SEITHEL, HASKINS, QUINN, D. SMITH and BOAN proposed the following Amendment No. 10 (Doc Name P:\AMEND\GJK\20453SD.97), which was adopted.
Amend the bill, as and if amended, page 3, line 23, by striking the semicolon and inserting /. Contributions to the South Carolina Retirement System may be paid only on earnable compensation derived from state or other governmental appropriated funds;/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. ROBINSON, SEITHEL, QUINN, D. SMITH and BOAN proposed the following Amendment No. 11 (Doc Name P:\AMEND\KGH\15073HTC.97), which was adopted.
Amend the bill, as and if amended, page 3, line 2, by striking the semicolon and inserting /. Any liabilities in excess of one hundred thousand dollars must be approved in advance of incurring the debt by the Joint Bond Review Committee and the State Budget and Control Board;/
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. ROBINSON, SEITHEL, QUINN, D. SMITH and BOAN proposed the following Amendment No. 12 (Doc Name P:\AMEND\BBM\9334JM.97), which was adopted.
Amend the bill, as and if amended, Section 13-4-30(11), as contained in SECTION 1, on page 3, by striking lines 22 and 23 and inserting:
/and other benefit and incentive plans for any or all of its current directors, officers, and employees;/
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. R. SMITH spoke in favor of the Bill.
Rep. SEITHEL proposed the following Amendment No. 13 (Doc Name P:\AMEND\JIC\6067HTC.97), which was adopted.
Amend the bill, as and if amended, page 4, by striking lines 17, 18, and 19 and inserting:
/the Secretary of Commerce shall serve as director, ex officio. Compensation for the director must be established in the manner provided by law for establishing the salary of the Secretary of Commerce. The director is/
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, T. Byrd Campsen Canty Carnell Cato Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Rice Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., April 2, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 595:
S. 595 -- Senator McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997.
Very respectfully,
President
Received as information.
The following was introduced:
H. 3804 -- Rep. M. Hines: A HOUSE RESOLUTION SALUTING PLEASANT GROVE BAPTIST CHURCH OF MARION FOR ITS GREAT DEDICATION TO HUMANITARIANISM AND FOR ITS GREAT ACCOMPLISHMENT IN REBUILDING AFTER THE DEVASTATION IT EXPERIENCED AS THE RESULT OF A TORNADO AND DECLARING APRIL 7, 1997 AS PLEASANT GROVE DAY IN MARION COUNTY.
The Resolution was adopted.
The following was introduced:
H. 3805 -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE FAMILY OF SFC GERALD S. AND MIRIAM A. HANKS OF ANDERSON COUNTY FOR THEIR SELECTION AS THE FAMILY OF THE YEAR FOR 1996 BY THE SOUTH CAROLINA ARMY NATIONAL GUARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3806 -- Reps. Limehouse and Lloyd: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING TRANSPORTATION MANAGEMENT SERVICES, INC. (TMSI) FOR ITS EXEMPLARY SERVICE AND PARTNERSHIP WITH THE GOVERNMENT AND CITIZENS OF THE STATE OF SOUTH CAROLINA IN SETTING THE STANDARD OF EXCELLENCE FOR THE STATE'S TRANSPORTATION INDUSTRY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3807 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3808 -- Reps. Limbaugh and Robinson: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST ON ACCOUNTS AND ON MONETARY DECREES AND JUDGMENTS, SO AS TO REVISE THE LEGAL RATE OF INTEREST ON MONETARY DECREES AND JUDGMENTS.
Referred to Committee on Judiciary.
H. 3809 -- Reps. Harrell, Altman, Campsen, J. Smith, Wilkins, H. Brown, Boan, Limehouse, Whatley, Hodges, Allison, Littlejohn, Breeland and Lanford: A BILL TO AMEND SECTIONS 4-12-30 AND 4-29-67, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO FILING AND PAYMENT REQUIREMENTS FOR INVESTORS FOR PURPOSES OF FEE IN LIEU OF PROPERTY TAX ARRANGEMENTS AND INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REQUIRE FILING OF THE INDUCEMENT OR LEASE AGREEMENT WITH THE DEPARTMENT OF REVENUE AND THE COUNTY AUDITORS AND COUNTY ASSESSORS FOR ALL PARTICIPATING COUNTIES.
Referred to Committee on Ways and Means.
H. 3810 -- Reps. Harrell, Altman, J. Smith, R. Smith, Breeland, H. Brown, Campsen, Limehouse, Boan, Whatley, Hodges, Allison, Wilkins, Lanford and Littlejohn: A BILL TO AMEND SECTION 33-56-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS EXEMPT FROM FILING A REGISTRATION STATEMENT WITH THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT A PARENT-TEACHER ORGANIZATION AFFILIATED WITH AN EDUCATIONAL INSTITUTION IS EXEMPT.
Referred to Committee on Ways and Means.
H. 3811 -- Reps. Bauer, Altman, Limehouse, J. Hines, Edge, Rodgers, Davenport, Haskins, Cato, Kelley, Vaughn, Phillips, Maddox, Barrett, Riser, Robinson and Jordan: A BILL TO AMEND SECTION 41-10-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF WAGES WHEN THE AMOUNT DUE IS IN DISPUTE, SO AS TO PROVIDE THAT AN EMPLOYER MAY WITHHOLD PAYMENT OF WAGES FOR THREE DAYS.
Referred to Committee on Labor, Commerce and Industry.
H. 3812 -- Reps. Knotts, Altman, Littlejohn, J. Hines, Allison, Simrill, Mason, Koon, Bauer, Meacham, Hinson, Law, Mullen, Trotter, Davenport, Cooper, McMahand, Lloyd, Wilkins, Riser, Rhoad, Townsend, Barrett, Rodgers, Cromer, Battle, Felder, Fleming, Lanford, Gamble and Jordan: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO PROVIDE THAT THE TIME WITHIN WHICH THE GENERAL ASSEMBLY HAS TO REVIEW REGULATIONS AND TAKE ACTION IS BASED ON LEGISLATIVE DAYS RATHER THAN CALENDAR DAYS.
Referred to Committee on Judiciary.
H. 3813 -- Reps. Cobb-Hunter, Whipper, Neal, Breeland, T. Brown, Miller, Canty, Bailey, Kennedy, Lloyd, Inabinett, Mack and Cave: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT BY ADDING CHAPTER 23 SO AS TO ENACT THE "COMMUNITY DEVELOPMENT CORPORATION ACT OF 1997" AND TO AUTHORIZE THE DEPARTMENT OF COMMERCE TO EXPEND FUNDS FOR GRANTS AND LOANS TO COMMUNITY DEVELOPMENT CORPORATIONS; TO DIRECT THE DEPARTMENT TO ESTABLISH OR DESIGNATE A COMMITTEE TO REVIEW GRANT AND LOAN APPLICATIONS; AND TO ESTABLISH ELIGIBILITY CRITERIA.
Referred to Committee on Ways and Means.
H. 3814 -- Reps. Townsend, Martin, Maddox, Stille, Cooper and Jordan: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-105 SO AS TO PROVIDE FOR A WORTHLESS CHECK UNIT OF THE CIRCUIT SOLICITOR'S OFFICE, DEFERRED PROSECUTION FOR ISSUING A FRAUDULENT CHECK, CONDITIONED UPON VOLUNTARY SURRENDER, PAYMENT OF FEES AND RESTITUTION, AND DISTRIBUTION OF MONIES RECEIVED.
Referred to Committee on Judiciary.
H. 3815 -- Reps. Delleney, Mack, J. Hines, Kennedy, G. Brown, Sheheen, Harvin, Boan, Barfield, M. Hines, McCraw, Law, Phillips, Koon, Rhoad, Webb, Sharpe, Witherspoon, Riser, Stuart, Wilkes, Carnell and Miller: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME AND WILDLIFE BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA COMMERCIAL ALLIGATOR OPERATIONS ACT OF 1997"; TO DEFINE "ALLIGATOR", "ALLIGATOR FARM", "ALLIGATOR FARMER", "ALLIGATOR PART", "ALLIGATOR PARTS DEALER", "BOARD", "DEPARTMENT", AND "TRANSPORT"; TO PROVIDE FOR AND PERMIT THE BREEDING OF FARM-RAISED ALLIGATORS FOR CERTAIN COMMERCIAL PURPOSES; TO PROVIDE FOR THE REGULATION OF BREEDING, EXHIBITING, SELLING, PURCHASING, SHIPPING, AND TRANSPORTATION OF FARM-RAISED ALLIGATORS OR THE SKINS, CARCASSES, OR PARTS THEREOF, BY THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES; TO PROVIDE FOR THE LICENSING OF ALLIGATOR FARMERS, ALLIGATOR PARTS DEALERS, AND CERTAIN RETAILERS AND RESTAURANTS; TO PROVIDE THE PROCEDURE FOR TAGGING OF ALLIGATOR SKINS, CARCASSES, MEAT OR PARTS; TO PROVIDE FOR PROPERTY RIGHTS IN CERTAIN ALLIGATORS AND PARTS THEREOF; TO PROVIDE FOR THE FURNISHING OR RETENTION OR INSPECTION OF RECORDS OR BILLS OF SALE RELATING TO THE SALE OR PURCHASE OR SHIPMENT OF ALLIGATOR SKINS, CARCASSES, OR PARTS; TO PROVIDE FOR A SEVERANCE TAX UPON THE SKINS OF CERTAIN ALLIGATORS TAKEN WITHIN THIS STATE; TO PROHIBIT THE TAKING OR POSSESSION OF ALLIGATORS OR THEIR EGGS, SKINS, OR PARTS, EXCEPT AS PROVIDED HEREIN; TO PROVIDE FOR THE VOIDING OF LICENSES ISSUED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE FORFEITURE AND DISPOSAL BY PUBLIC AUCTION OF CERTAIN ALLIGATORS, PARTS, AND SKINS AND THE CANCELLATION OF ALLIGATOR FARMER LICENSES UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE DEPOSIT OF THE PROCEEDS FROM PUBLIC AUCTIONS IN THE WILDLIFE PROTECTION FUND OF THE STATE TREASURER FOR USE IN ADMINISTERING THE ALLIGATOR CONTROL AND MANAGEMENT PROGRAM OR FOR PROTECTION OF NONGAME AND ENDANGERED SPECIES OF WILDLIFE; AND TO PROVIDE FOR PENALTIES FOR THE VIOLATION OF THIS CHAPTER AND REGULATIONS PROMULGATED THEREUNDER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Referred to Committee on Labor, Commerce and Industry.
S. 340 -- Senator Leatherman: A BILL TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.
Referred to Committee on Judiciary.
S. 343 -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Referred to Committee on Ways and Means.
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Referred to Committee on Labor, Commerce and Industry.
S. 480 -- Senator Courtney: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.
Referred to Committee on Judiciary.
S. 586 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary.
The following was introduced:
H. 3816 -- Reps. Bailey and Rhoad: A CONCURRENT RESOLUTION SALUTING ROBERT ABLE SMITH, GENERAL MANAGER OF EDISTO ELECTRIC COOPERATIVE IN BAMBERG, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE CO-OP AND THE PEOPLE OF SOUTH CAROLINA AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. BAILEY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3741 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE HARRY M. LOWDER OF TURBEVILLE AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 3742 -- Reps. Battle and M. Hines: A CONCURRENT RESOLUTION CONGRATULATING MULLINS HIGH SCHOOL ON WINNING THE CLASS AA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1997.
H. 3743 -- Reps. Whatley, Whipper, Altman, Breeland, Campsen, Chellis, Dantzler, Harrell, Inabinett, Limehouse, Mack and Seithel: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE NORTH CHARLESTON "COUGARS" BOYS BASKETBALL TEAM AND THEIR COACHES ON AN EXCEPTIONAL SEASON AND ON WINNING THE 1996-97 CLASS 6-AAAA STATE BASKETBALL CHAMPIONSHIP.
H. 3745 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING HOLLY HILL-ROBERTS HIGH SCHOOL ON WINNING THE CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1997.
H. 3749 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. EDWARD GREENE OF HORRY COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 3750 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. CLEVE NOEL OF GREENVILLE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 3751 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING DR. TERRY C. TITUS OF OCONEE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 3752 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. RICHARD R. PERDUE OF GREENVILLE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 3753 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING DR. WOODIE P. WILLIAMS, JR., OF OCONEE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 3754 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. J. GIVENS YOUNG OF FLORENCE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 3755 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE NEWS OF KINGSTREE ON THE AWARDS IT WON AT THE SOUTH CAROLINA PRESS ASSOCIATION'S 1997 WINTER MEETING.
H. 3776 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE RAVENEL ELEMENTARY SCHOOL OF SENECA, SOUTH CAROLINA, ITS PRINCIPAL, CATHY WATSON, AND ITS FACULTY, STAFF, PARENTS, AND STUDENTS FOR THEIR SCHOOL'S SELECTION AS A CAROLINA FIRST PALMETTO'S FINEST SCHOOL FOR 1996-97, AND TO RECOGNIZE THEM FOR THEIR OUTSTANDING EDUCATIONAL ACHIEVEMENTS.
H. 3777 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. BEN FLOYD OF CLARENDON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT THREE.
H. 3778 -- Rep. Harvin: A CONCURRENT RESOLUTION SALUTING REVEREND JULIAN BOYD GAMBLE AND HIS LOVELY WIFE, MRS. HARRIET HARDEN GAMBLE, OF CLARENDON COUNTY FOR THEIR MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO EDUCATION, COMMUNITY, AND CHURCH.
H. 3797 -- Reps. Young, Woodrum, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MARGARET S. WEST OF SUMTER COUNTY ON THE OCCASION OF HER DEATH.
H. 3798 -- Reps. Young, Woodrum, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION EXPRESSING THE SINCEREST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SAMUEL ARDEN BENSON OF SUMTER COUNTY ON HIS DEATH AND EXTENDING THEIR DEEPEST APPRECIATION FOR HIS YEARS OF SERVICE TO HIS COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.
At 4:55 P.M. the House in accordance with the motion of Rep. PINCKNEY adjourned in memory of Cicero Johnson of Marion, to meet at 10:00 A.M. tomorrow.
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