Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the Prophet Joel, long ago, as he declared in Chapter 2 (v.12):
"Therefore also now, saith the Lord,
'Turn you even to Me with all your heart'..."
Let us pray.
O Most Merciful, we confess that we, often, fall short of Your standards in thought, word and deed... and in this prayer we turn to You for help from above.
Grant that our turning may be with our hearts, our minds and our wills.
We pray for such a keen sense of Your holiness that the very thought of You will move our thoughts and wills in harmony with Your own.
When we offend against Your Divine Majesty, grant us the grace of repentance that we may look and turn and live, and know the joy of Your benediction.
So, with a clean slate, and a clean heart, lead us today in the knowledge and obedience of Your Word that we may serve well our people... and You... Our God!
Amen.
Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 27, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Third Judicial Circuit Solicitor, with term to commence January 11, 1995, and to expire January 13, 1999:
Honorable Arthur H. Wilder, Jr., 25 South Magnolia Street, Sumter, S.C. 29150 VICE Wade S. Kolb, Jr. (resigned)
Referred to the Committee on Judiciary.
At 11:15 A.M., Senator PASSAILAIGUE requested a leave of absence for the following two weeks.
At 11:20 A.M., Senator COURSON requested a leave of absence beginning at 1:10 P.M.
The following were introduced:
S. 1009 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REJECT ANY LEGISLATION THAT WOULD EXEMPT HEALTH PLANS SPONSORED BY ASSOCIATIONS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS FROM STATE INSURANCE STANDARDS AND OVERSIGHT.
Introduced and referred to the Committee on Banking and Insurance.
S. 1010 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1998, "YORK COUNTY DAY".
Introduced and referred to the Committee on Invitations.
S. 1011 -- Senator Drummond: A SENATE RESOLUTION TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE FOR THE DISTINGUISHED SERVICE OF COY JOHNSTON OF SUMMERVILLE, SOUTH CAROLINA, AS DIRECTOR OF THE WETLANDS AMERICA TRUST PROGRAM OF DUCKS UNLIMITED, INC., UPON THE OCCASION OF HIS RETIREMENT.
The Senate Resolution was adopted.
S. 1012 -- Senators Elliott, Holland and Mescher: A SENATE RESOLUTION TO CREATE A SPECIAL COMMITTEE TASK FORCE TO STUDY THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE SPECIAL COMMITTEE STUDY AND REPORT TO THE SENATE THE REASONS FOR THE LONG LINES AND SERVICE DELAYS AT THE MOTOR VEHICLE OFFICES ACROSS THE STATE AND TO REVIEW, AMONG OTHER ISSUES, EMPLOYEE WORK LOADS AND STAFFING LEVELS AND PROVISION OF NECESSARY EQUIPMENT AND LATEST AVAILABLE TECHNOLOGY NEEDS.
Senator ELLIOTT spoke on the Resolution.
The Senate Resolution was introduced, and on motion of Senator ELLIOTT, with unanimous consent, ordered placed on the Calendar without reference.
S. 1013 -- Senator Lander: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1014 -- Senator Giese: A BILL TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DISCRIMINATION BETWEEN INDIVIDUALS WITH REGARD TO ACCIDENT AND HEALTH INSURANCE TERMS, CONDITIONS, AND BENEFITS PAID FOR SERVICES, SO AS TO EXTEND THIS PROHIBITION TO SERVICES RENDERED BY A LICENSED CHIROPRACTOR.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1015 -- Senators Short, Gregory and Jackson: A BILL TO AMEND SECTION 34-29-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT INSURANCE ON RESTRICTED LOANS SO AS TO PROHIBIT AN INSURER FROM PAYING A COMMISSION OF GREATER THAN TWENTY PERCENT ON ANY CONSUMER CREDIT INSURANCE, TO DELETE THE PROVISION ALLOWING CONSUMER CREDIT INSURANCE FOR A TERM LESS THAN THE DUE DATE OF THE LAST SCHEDULED PAYMENT OF THE DEBT, AND TO INCREASE THE MINIMUM LOSS RATIO FROM FIFTY TO SIXTY PERCENT AND TO DELETE THE SPECIFIC RATES FOR CREDIT INSURANCE CONSIDERED REASONABLE; TO AMEND SECTION 37-4-106 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY, SO AS TO PROVIDE THAT CONSUMER CREDIT INSURANCE SOLD UPON A PERSON OTHER THAN THE DEBTOR IS IN ITSELF UNCONSCIONABLE; TO AMEND SECTION 37-4-107 OF THE 1976 CODE, RELATING TO MAXIMUM CHARGES BY CREDITORS FOR CREDIT INSURANCE, SO AS TO PROHIBIT AN INSURER FROM PAYING A COMMISSION OF GREATER THAN TWENTY PERCENT ON ANY CONSUMER CREDIT INSURANCE; TO AMEND SECTION 37-4-201 OF THE 1976 CODE, RELATING TO THE TERM OF CONSUMER CREDIT INSURANCE, SO AS TO DELETE THE PROVISION ALLOWING CONSUMER CREDIT INSURANCE FOR A TERM LESS THAN THE DUE DATE OF THE LAST SCHEDULED PAYMENT OF THE DEBT; TO AMEND SECTION 37-4-203 OF THE 1976 CODE, RELATING TO APPROVAL OF RATES AND FORMS BY THE DEPARTMENT OF INSURANCE, SO AS TO INCREASE THE MINIMUM LOSS RATIO FROM FIFTY TO SIXTY PERCENT AND TO DELETE THE SPECIFIC RATES FOR CREDIT INSURANCE CONSIDERED REASONABLE; TO AMEND SECTION 37-4-301 OF THE 1976 CODE, RELATING TO PROPERTY INSURANCE, SO AS TO DELETE THE PROVISION ESTABLISHING A MINIMUM CHARGE; TO AMEND CHAPTER 75, TITLE 38 OF THE 1976 CODE, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE, BY ADDING SECTION 38-75-1100 SO AS TO PROHIBIT AN INSURER FROM PAYING A COMMISSION OF GREATER THAN TWENTY PERCENT ON GUARANTEED AUTO PROTECTION; AND TO REPEAL SECTION 37-4-204 OF THE 1976 CODE, RELATING TO MINIMUM CHARGES AND RETENTIONS ON CREDIT INSURANCE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1016 -- Senators Wilson, Ravenel, Anderson, Moore, McConnell, Grooms, Ryberg, Courtney, Hayes, Branton, Thomas, Lander, Leatherman, Setzler, Bryan, Drummond, Mescher, J. Verne Smith, Saleeby, Fair, Courson, Peeler, O'Dell, Giese, Martin, Passailaigue, Hutto, Holland, Russell, Leventis, Waldrep and McGill: A BILL TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE THE ENTIRE SCHOOL DAY TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE.
Read the first time and referred to the Committee on Education.
S. 1017 -- Senator Rankin: A BILL TO AMEND SECTION 59-39-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT INSTRUCTION IN CARDIOPULMONARY RESUSCITATION (CPR) MUST BE INCLUDED WITHIN A REQUIRED SCIENCE UNIT.
Read the first time and referred to the Committee on Education.
S. 1018 -- Senators Martin and Alexander: A BILL TO AMEND ARTICLE 37, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5085 SO AS TO PROVIDE THAT AN INDIVIDUAL TAXPAYER WHO DESIRES TO CONTRIBUTE TO THE HABITAT FOR HUMANITY FUND MAY DESIGNATE THE CONTRIBUTION ON THE STATE INCOME TAX FORM.
Read the first time and referred to the Committee on Finance.
S. 1019 -- Senator Anderson: A BILL TO AMEND CHAPTER 41, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING SECTION 39-41-300 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A CONVENIENCE STORE OR OTHER MOTOR VEHICLE FUEL SERVICE STATION HAVING THREE OR MORE EMPLOYEES ON DUTY SIMULTANEOUSLY TO INSTALL PUBLIC RESTROOM FACILITIES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1020 -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING LAUREN LUCAS OF BROOKLAND-CAYCE HIGH SCHOOL OF LEXINGTON COUNTY ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO HIGH SCHOOL STUDENT VOLUNTEERS IN "THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS" PROGRAM.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1021 -- Senators McConnell, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO SALUTE AND RECOGNIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY AS A VALUABLE STATE RESOURCE UPON THE OCCASION OF "STATE PORTS AUTHORITY DAY" ON FEBRUARY 11, 1998.
The Senate Resolution was adopted.
H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.
Read the first time and referred to the Committee on Judiciary.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010, OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a majority favorable and Senator PASSAILAIGUE a minority unfavorable report on:
S. 947 -- Senators Ryberg, Hayes, Gregory, Drummond, Holland, J. Verne Smith, Leatherman, Bryan, Courson, Giese, Thomas, Wilson, Russell, McGill, O'Dell, Reese, Lander, Martin, Waldrep, Alexander, Fair, Grooms and Anderson: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO PROVIDE FOR A ONE-YEAR LICENSE PERIOD FOR VIDEO GAMES WITH A FREE PLAY FEATURE FOR LICENSES ISSUED FOR A PERIOD BEGINNING AFTER MAY 31, 1998, AT A FEE OF FOUR THOUSAND DOLLARS; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
S. 948 -- Senators Ford and Patterson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST MARRIAGES OF WHITES AND NEGROES, SO AS TO REPEAL THE PROHIBITION.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from MADD to attend a luncheon at Damon's Clubhouse on Tuesday, February 17, 1998, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Funeral Directors to attend a reception at the Capital City Club on Tuesday, February 17, 1998, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
The following House Bill was read the third time and ordered returned to the House with amendments:
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.
(By prior motion of Senator COURSON, with unanimous consent)
S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was taken up for immediate consideration.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SETZLER spoke on the Bill.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by the Joint Assembly, with Senator SETZLER retaining the floor.
On motion of Senator DRUMMOND, the Senate agreed that upon completion of the Joint Assembly, the Senate would stand adjourned.
The PRESIDENT appointed Senators HOLLAND, LEVENTIS, CORK and WASHINGTON to escort the Honorable Ernest A. Finney, Jr., Chief Justice of the South Carolina Supreme Court, and his party to the rostrum of the House of Representatives for the Joint Assembly.
At 11:57 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 4536 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 11, 1998.
The Honorable Ernest A. Finney, Jr., Chief Justice of the South Carolina Supreme Court, and members of his party, were escorted to the rostrum by Senators HOLLAND, LEVENTIS, CORK and WASHINGTON and Reps. Whatley, Jennings, Clyburn and Cotty.
The PRESIDENT introduced the Honorable Ernest A. Finney, Jr., Chief Justice of the South Carolina Supreme Court.
Chief Justice Finney addressed the Joint Assembly as follows:
"Thank you ladies and gentlemen for that warm reception; I hope the departure will be equally as warm.
Mr. President, Mr. Speaker, members of the General Assembly of the State of South Carolina, other state officials, members of the Judiciary of this State, honored guests, ladies and gentlemen;
I feel compelled today to go beyond the dictates of protocol which require that I thank you for the invitation to report to you on the state of the South Carolina Judiciary. I welcome this opportunity to express heartfelt appreciation to the members of the executive and legislative branches for the manner in which you have discharged your constitutional responsibility to the judicial branch of state government.
As a result of your cooperation with our efforts, I am able to report that your judiciary has made significant progress within the past three years. Additional judges, support personnel, and wider implementation of information technology have expanded our ability to manage the caseloads of our courts. The restoration of funding for travel has provided greater flexibility in assigning judges and increasing the number of terms for the circuit and family courts.
Restructuring the procedure for handling the state's appellate caseload has facilitated docket management for cases on appeal. Provisions for three judicial positions and related staff for the Court of Appeals have resulted in the creation of an additional three-judge panel on the Court of Appeals. The new panel has expanded the capacity of that court to expeditiously dispose of a greater number of appeals and still maintain a deliberate review process. Under the new format, the Supreme Court is able to focus more on other appellate matters and the classes of appeals reserved for its exclusive review.
A few of the more obvious results of being able to more closely oversee the judicial system are the implementation of an orientation program for new judges, the revision of the grievance and discipline process for lawyers and judges, and the exploration of new methods of speeding up the disposition of cases through the use of settlement weeks, differentiated case management and alternative dispute resolution.
This is not to say that the state of the South Carolina Judiciary is better today than it was three years ago. The progress I have reported is relative in terms of workload. Even as the judiciary is moving forward, the caseload is increasing in volume, becoming more complex in nature, and requiring larger expenditures of resources.
According to a Census Bureau report on population growth released on December 31, 1997, South Carolina is the 13th fastest growing state in the country - up eight points from the previous year. Naturally, a growing population generates growth in the number of criminal cases and civil suits filed. But a highly litigious, growing, and better informed population also precipitates an explosive increase in the amount of complex litigation which must be handled by your court system. A single lawsuit in this category can consume weeks of court time, months of judicial attention, and a significant portion of the branch's operating budget.
On the criminal side we are encouraged by recent press reports that certain criminal activity is on the decline. Again, any reported decline is relative. The Sentencing Project, a private advocacy group, notes that the rising number of inmates may be a factor in the decreasing crime rates. The United States Justice Department reports that as of mid 1997, 1 out of every 155 Americans was incarcerated and our State has more than its fair share of that number. The records of the South Carolina Department of Corrections reflect that as of midnight this past Sunday 20,500 adults were incarcerated. This does not include detainees and persons serving sentences of 90 days or less in local prison facilities nor does it include juveniles in the Department of Juvenile Justice, which had 1,472 in custody as of December 31, 1997.
So as you are increasing the resources available to the judiciary, greater demand creates a drain on these resources and requires the court system to expand its capacity to accommodate the caseload and to make new requests for recurring funds. Some of these accommodations will result in direct outlays of funds. Others will increase the drain on resources by extending the judicial process.
The pending legislation which would revamp the state's magistrate court system is one example. If passed, the judicial branch will need additional resources to achieve meaningful implementation of that legislation. Other measures such as the act which gives greater deference to victims of crimes will result in a significant deceleration of case dispositions. Still others with enhanced sentencing provisions will have the dual effect of clogging court dockets and requiring the expenditure of a significant portion of our budget.
Compounding the dilemma is the fact that the swift pace of changes taking place within society occasionally thrusts upon our courts issues and offenses not envisioned by the Constitution or statutory law of this State.
This is the backdrop against which I submitted the judicial branch budget request for a $5 million increase in our base appropriations for FY 1998-99. The request is for recurring funds to address areas within the four broad categories of judges, staff, court docket management, and information technology.
JUDGES: South Carolina's judges form the backbone of our state's judicial system. In the face of daunting adversity and sometimes constant criticism, these men and women have served loyally and well in supporting the goal of a justice system which is administered fairly, operated efficiently, and managed effectively. A 7.6% increase in salary is requested for state judges. I offer three reasons why this request should be funded.
First, the State of South Carolina should not become entrenched in the position of paying its judges at a rate which is substantially lower than what those judges could earn as an attorney in the private sector. The public is demanding, the legislature is considering, and the system has the right to expect well-founded, strictly enforced criteria for judges who make decisions affecting the life, personal freedoms and property rights of our citizens. Likewise, jurists who meet those criteria deserve to be compensated fairly.
Second, we are attempting to build a strong, experienced judiciary but a significant number of judges leave judicial service prematurely. The most frequently cited reason is the opportunity to pursue more remunerative opportunities in the private sector.
Third, a salary increase for our judges would bring judicial compensation in South Carolina up to the southeastern average. A survey of judicial salaries released by the National Center for State Courts in the fall of 1997 ranked South Carolina seventh among the nine southeastern states.
Our budget request for FY 1998-99 also includes a request for a $250 increase in the monthly office expense allowance judges receive. Since this allowance has not been increased in over twelve years, it is obvious that additional funding is needed to meet current market prices for office supplies.
STAFF: A 5.3% increase for staff salaries is requested to institute a more uniform salary scale and to provide raises for non-judicial employees of the judicial branch. To facilitate employee recruitment and retention of experienced personnel, we believe that it is necessary to raise compensation for our employees to a level comparable to wages paid state employees in the other two branches of government and private sector workers in similar positions.
We have requested $100,000 to fund a program of continuing legal education for state judges and staff attorneys and training for non-legal employees such as computer personnel.
COURT DOCKET MANAGEMENT: There are three requests for funding to facilitate docket management. They are judicial branch travel, judicial commitment, and alternative dispute resolution. We are asking for $98,000 to fund judicial branch travel. Under the former mileage allowance of 25.5 cents per mile, the judicial branch spent in excess $1.5 million per year to fund judicial rotation as mandated by the state Constitution. The increase in mileage reimbursement to 31.5 cents is expected to raise branch travel expenses by $98,000.
We have also requested $343,000 for judicial commitments. These funds are used to pay private attorneys, medical examiners, and guardian ad litems who are appointed by the Probate Court to provide services to the court and to persons subject to hearings for judicial commitment upon allegations of incompetency.
Funding in the amount of $450,000 has been requested to expand the pilot Alternative Dispute Resolution program from two counties to four judicial circuits. The evaluation results are not yet in from the pilot programs. But initial feedback suggests that ADR may be a viable tool for relieving congested civil and family court dockets.
INFORMATION TECHNOLOGY: Reliable information technology is essential to branch operations. The request for $450,000 will be used to replace obsolete office equipment and computer hardware and software.
Ladies and gentlemen, the Constitution of this State provides for an independent judiciary which shall be funded with public funds appropriated by the legislature and approved by the Governor. Under the Constitution, it is my duty and responsibility to submit a description of the fiscal needs of this branch to the head of the executive branch for his approval. It is also my duty to request of the legislative branch sufficient legislation and funding authority for the judiciary to perform the functions assigned by the Constitution and by the legislature through statutory enactments.
The Governor has deleted $1.5 million of the $5 million dollar increase which the judicial branch requested for FY 1998-99. The executive budget does not include funding for a salary increase for branch staff. It does not include funding for the additional expense for travel and judicial rotation. It does not include funding to expand the Alternative Dispute Resolution Program and neither does the executive budget include funding for the Staff Education Plan. I ask you to restore these programs and to appropriate the requested increases.
The Governor's state Budget for FY 1998-99 distributes $475,600,000 dollars in new funds. Of this amount $3,500,000 is earmarked for the judicial branch. In practical terms, this means that the third branch of state government is expected to deliver judicial services in today's climate of high crime and voluminous lawsuits to the state's population of 3,700,000 individuals through the courts of its 46 counties and two appellate courts with .74% or slightly less than 3/4 of 1% of the new state appropriations for FY 1998-99.
Members of this General Assembly in this information age of instant communication and exact science one old maxim still holds true. "You don't always get what you pay for; but you always pay for what you get." So if South Carolinians are to receive the quality of service and the substantial justice which they deserve from their courts, then your programmatic and fiscal support of the state's Unified Judicial System is an absolute necessity.
I stand ready to answer any questions or to provide such information as you may require to assist you in your budget deliberations. I am available to confer with legislators individually or in groups. Also, a status summary of the Judicial Department FY 1998-99 Budget Request is available for your review.
Now when I was growing up, they often said the old expression was that fools walk in where angels fear to tread, but in the discharge of my responsibilities I feel that it is my duty and responsibility to tell you about the problem we see in regard to the issue of judicial elections. The Constitution provides that there shall be three separate, co-equal branches of government. On the one hand is the unyielding mandate for separation of powers and I have studiously avoided crossing the line. I will continue to adhere to that policy. But on the other hand, the Constitution designates the legislative branch as the fountainhead of resources and legislative authorization for the judicial branch; therefore, the quality of service and the level of justice available through the courts of the state are dependent upon such provisions as are made by the legislature.
Without becoming involved in the legislative process of judicial elections, I am constrained to apprise you of the state of your judiciary with regard to judicial vacancies. As of today there are a total of 55 existing or impending vacancies. That number represents new positions, current vacancies and positions which will become vacant upon expiration of the terms of office between now and July 1, 1998.
The term of one Supreme Court Associate Justice will expire this year, as will the term of one judge on the Court of Appeals. There are 39 positions in the circuit and family courts and 14 positions to be filled for masters-in-equity. I say to you that if over 1/3 of the 159 judicial positions in this State remain vacant for more than six months, your justice system will teeter on the precipice of a disaster.
Ladies and gentlemen, it is crucial that an orderly and timely resolution of the controversy surrounding the election of judges be achieved. It is imperative that this General Assembly provide ample judges to serve the people of this State and maintain the viability of our courts. Should you fail in this endeavor, the past 200 years of work and sacrifices to build and maintain a justice system which meets the mandates of the constitution and affords the citizens of our State a stable forum for the resolution of their controversies will be undermined and severely damaged - perhaps beyond repair.
As public servants we are engaged in a joint undertaking to assure peace and tranquility, justice, law and order for the citizens we are sworn to serve and to preserve the Constitutions of this State and of these United States.
The pursuit of that undertaking is advanced when we honor our commitments to our respective functions. I and the other members of the South Carolina Judiciary look forward to working with the members of this 112th General Assembly as, together, we seek to comply with both the spirit and the letter of loyal public service.
Mr. President, Mr. Speaker, and members of this joint assembly that concludes my report on the state of the South Carolina Judiciary. I thank you for the opportunity and I thank the members of the General Assembly for their attention."
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
On motion of Senators HUTTO, MATTHEWS and WASHINGTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Randolph "Buster" Murdaugh, Jr., former Solicitor of the Fourteenth Judicial Circuit. Mr. Murdaugh served as Solicitor longer than any prosecuting attorney in United States history.
At 12:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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