Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator RAVENEL.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear again a word from the Prophet Isaiah, Chapter 32 (v. 2):
"And a man shall be a refuge from
the wind
And a shelter from the tempest...
Like the shadow of a great rock
in a thirsty land."
Let us pray.
Our Father, we give thanks for the life and labors among us of Walter Boyd Brown--a friend of many, a loyal citizen of our State and a faithful servant of his God. Be merciful and provide us more!
Lord, so many of us are working in stormy emotional weather right now!
We need, and perhaps You may start with us, the kind of men and women that Isaiah talked about: folk who can shelter their comrades when the winds are blowing hard against us.
We like to think of Titus of whom St. Paul spoke when he said, "God comforted us by the coming of Titus."
Whatever our role is here today, make us Your faithful servants!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator COURSON introduced Dr. Thomas C. Rowland of Columbia, S.C., Doctor of the Day.
On motion of Senator RYBERG, at 11:00 A.M., Senator GIESE was granted a leave of absence until Friday night.
H. 4402 -- Rep. Kirsh: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO ADD TO THE AREA IN YORK COUNTY.
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered placed on the Calendar.
The following were introduced:
S. 1110 -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1111 -- Senator Bryan: A BILL TO AMEND CHAPTER 1, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF CRIMINAL RECORDS REGARDING PERSONS FOUND INNOCENT OF CRIMINAL CHARGES OR AGAINST WHOM CHARGES ARE DISCHARGED OR DISMISSED, SO AS TO PROVIDE THAT SUCH RECORDS SHALL BE DESTROYED UPON NOTIFICATION TO THE LAW ENFORCEMENT AGENCY BY THE CLERK OF COURT AND THAT NO ORDER OF THE CIRCUIT COURT OR MAGISTRATE'S COURT IS REQUIRED.
Read the first time and referred to the Committee on Judiciary.
S. 1112 -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO GERALDINE CLAWSON FOR THE SELFLESS DEDICATION AND COUNTLESS HOURS SHE HAS VOLUNTEERED TO IMPROVE THE LIVES OF THOSE LESS FORTUNATE.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4438 -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4699 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES: RED-COCKADED WOODPECKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2251, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4701 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT.
Read the first time and referred to the Committee on Finance.
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Read the first time and referred to the Committee on Finance.
H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4736 -- Reps. A. Harris, Neilson, Jennings and Baxley: A BILL TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4773 -- Reps. A. Harris, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 15, 1998, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Introduced and referred to the Committee on Invitations.
H. 4774 -- Rep. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DAWN HOFFSTETTER, A STUDENT AT LAKESIDE MIDDLE SCHOOL IN ANDERSON COUNTY, UPON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO 1998 YOUTH VOLUNTEERS BY THE NATIONAL ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS AND THE PRUDENTIAL INSURANCE COMPANY OF AMERICA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4779 -- Reps. Young, Woodrum, Harvin, Canty, Neal and G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE LESLIE EARL PACK, SUMTER COUNTY MAGISTRATE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 843 -- Senators Peeler, Reese and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-195 SO AS TO REQUIRE A STUDENT WITH PEDICULOSIS (HEAD LICE) TO RETURN TO SCHOOL ONLY UPON PRESENTATION OF EVIDENCE OF TREATMENT AND A PHYSICAL SCREENING CONDUCTED BY THE SCHOOL INDICATING AN ABSENCE OF PEDICULOSIS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ELIGIBLE FAMILIES WITH PRODUCTS OR PRODUCT VOUCHERS FOR THE TREATMENT OF PEDICULOSIS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 920 -- Senators Lander, Courson and Giese: A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160 RELATING TO THE PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION 44-43-350 RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510 RELATING TO THE COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44 RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS AND TO CREATE THE COMMISSION ON ORGAN, TISSUE, AND EYE DONATION FOR THE PURPOSE OF ENSURING COMPLIANCE WITH FEDERAL AND STATE LAW PERTAINING TO HOSPITAL NOTIFICATION OF ORGAN DONATION AGENCIES; TO AMEND SECTION 44-43-1320 RELATING TO THE GIFT OF LIFE TRUST FUND BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130, 44-43-150, AND 44-43-390, ALL RELATING TO PROCEDURES FOR EYE DONATIONS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 921 -- Senators Lander, Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:
H. 4648 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA CENTRAL CANCER REGISTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2262, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
S. 1100 -- Senator Hutto: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DANNY EUGENE ATKINS OF BLACKVILLE, SUPERINTENDENT OF BARNWELL SCHOOL DISTRICT #19, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
S. 1101 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY TO ARTHUR G. DANTZLER OF CAYCE FOR HIS DEDICATED SERVICE TO THE CITY OF CAYCE, THE COUNTY OF LEXINGTON, AND THE STATE OF SOUTH CAROLINA IN THE FIELDS OF LAW ENFORCEMENT, FIREFIGHTING, AND PUBLIC SAFETY, AND WISHING HIM MANY YEARS OF HEALTH AND HAPPINESS FOLLOWING HIS RETIREMENT.
Returned with concurrence.
Received as information.
S. 1102 -- Senators Giese, Courson, Patterson and Jackson: A CONCURRENT RESOLUTION TO HONOR THE SEVENTY- FIFTH ANNIVERSARY OF THE FOUNDING OF THE COLLEGE OF JOURNALISM AND MASS COMMUNICATIONS AT THE UNIVERSITY OF SOUTH CAROLINA AND TO PROUDLY RECOGNIZE THE OUTSTANDING NUMBER OF JOURNALISM AND MASS COMMUNICATIONS GRADUATES WHO HAVE BECOME LEADERS THROUGHOUT THE WORLD.
Returned with concurrence.
Received as information.
S. 1103 -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE TALLY AND FLORENCE ADAMS, THEIR CHILDREN AND GRANDCHILDREN, OF EASTOVER ON THE OCCASION OF THEIR SELECTION AS THE 1998 "OUTSTANDING NATIONAL BLACK FAMILY" ON MARCH 5, 1998, AT THE 12TH
ANNUAL NATIONAL BLACK FAMILY SUMMIT IN MYRTLE BEACH, SOUTH CAROLINA.
Returned with concurrence.
Received as information.
Columbia, S.C., March 10, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1031 -- Senators Martin, Alexander, Bryan and Waldrep: A BILL TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 59-39-105 OF THE 1976 CODE RELATING TO THE REQUIREMENTS FOR A STAR DIPLOMA, FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL WHO HAVE COMPLETED TWENTY-FOUR UNITS OF CREDIT WITH THE ADDITIONAL REQUIRED UNITS IN ANY COURSE SHALL MEET THE COURSE REQUIREMENTS FOR THE STAR DIPLOMA AND SCHOLARSHIP; AND TO AMEND SECTION 59-39-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STAR DIPLOMAS AND THE REQUIREMENTS FOR A STAR DIPLOMA, SO AS TO PROVIDE THAT HONORS COURSES SHALL BE INCLUDED, ALONG WITH ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE COURSES, IN THOSE COURSES WHERE GRADE POINT AVERAGES ARE ADJUSTED TO REFLECT GREATER DIFFICULTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 942 -- Senator Alexander: A BILL TO AMEND SECTION 41-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF REGULATIONS CONCERNING THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO CONFORM STATE LAW TO COMPLY WITH THE CURRENT NATIONAL SAFETY CODES.
Senator ALEXANDER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
S. 399 -- Senator Bryan: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 OF THE 1976 CODE, RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.
S. 1095 -- Judiciary Committee: A BILL TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE METHOD, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (JUD1095.001), which was adopted:
Amend the bill, as and if amended, page 4, beginning on line 8, in Section 14-7-1570 14-7-1540, as contained in SECTION 1, by striking lines 8 and 9 in their entirety and inserting therein the following:
/of court shall randomly withdraw draw three or more additional jurors, with those three or more jurors serving as alternate grand jurors in the event one or/
Amend the bill further, as and if amended, page 6, line 21, in Section 14-7-1940, as contained in SECTION 2, by striking line 21 in its entirety and inserting therein the following:
/draw three or more additional jurors, with those three or more jurors serving as/.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 974 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER TO BE PRESENT AT HIS EXECUTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (PT\1788CM.98), which was adopted:
Amend the bill, as and if amended, Section 24-3-550(B) as contained in SECTION 1, page 1, line 26 after / minister /, by inserting:
/, or a person for his counsel and a person for the minister/
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 1104 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION,, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 833 -- Senators Peeler and Giese: A BILL TO AMEND SECTION 48-49-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IDENTIFICATION OF PROTECTED MOUNTAIN RIDGE CRESTS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SHALL
HAVE THE RESPONSIBILITY OF IDENTIFYING PROTECTED MOUNTAIN RIDGE CRESTS.
S. 837 -- Senator Lander: A BILL TO REPEAL SECTION 59-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION'S AUTHORITY TO ALLOW ADJUSTMENTS IN THE AMOUNT OF INSTITUTIONAL TIME REQUIRED IN THE DEFINED MINIMUM PROGRAM AND A PROVISION WHICH PROHIBITS THE REQUIREMENT OF A FOREIGN LANGUAGE AS A PREREQUISITE TO RECEIVING A REGULAR HIGH SCHOOL DIPLOMA.
S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
S. 1108 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO RENTAL TEXTBOOKS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1109 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2225, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1087 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO RECOGNIZE THE REPRESENTATIVES OF THE EASTER SEAL SOCIETY BEFORE THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON WEDNESDAY, MARCH 18, 1998.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the amendment proposed by the Committee on Invitations.
The Committee on Invitations proposed the following amendment (1087R001.JEC), which was adopted:
Amend the bill, as and if amended, by striking the resolution in its entirety and inserting in lieu thereof:
/TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 12:00 NOON ON WEDNESDAY, MARCH 18, 1998, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Whereas, the Easter Seal Society of South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the forty-sixth annual "B.A.C.-Coffee Day for People with Disabilities" in South Carolina on Good Friday, April 10, 1998.
Whereas, under the statewide leadership of Thomas E. Felder, Chairman, State Easter Seal Board of Directors, ably assisted by Marion Baker, State President and Tommy Thompson, Executive Director of the South Carolina Law Enforcement Officers Association; and Thomas L. Sponseller, Executive Director and Henry Finch, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in overcoming their disabilities; and
Whereas, the "B.A.C." buttons go on sale Wednesday, March 18, 1998; and
Whereas, the "B.A.C." project and all other programs of the Easter Seal Society deserve the support, merit, and praise of all citizens of the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Wednesday, March 18, 1998, is designated "Disabilities Day" in South Carolina and that representatives of the Easter Seal Society, the South Carolina Law Enforcement Officers Association, and the South Carolina Restaurant Association, all representing Mary Ann Stanley, daughter of Marie Stanley of Pelion; Ben Comen, son of David and Joan Comen of Anderson; Scott Carter, son of Frances Carter of Spartanburg; Chandler Smith, daughter of Wendy Smith of Greenwood; Hayley West, daughter of Judy and Dennis West of Florence; Caleb Sawyer, son of Carolyn Sawyer of Greenville; and Blakley Hunter, son of Shirley Hunter of Charleston; who have been chosen to serve as the 1997-98 Easter Seal Society State Representatives, be presented to the General Assembly in Joint Session of the General Assembly in the Hall of the House of Representatives at 12:00 Noon on Wednesday, March 18, 1998.
Be it further resolved that the General Assembly extends to the Easter Seal Society and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.
Be it further resolved that a copy of this resolution be forwarded to Joseph D. Jones, President and Chief Executive Officer of the Easter Seal Society, for distribution to the State Chairmen of the various phases of the Easter Seal Society's campaign and the "B.A.C." project, as well as to the State Easter Seal Society Representatives themselves./
The amendment was adopted.
There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.
The following Bills and Concurrent Resolution were carried over:
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
S. 1034 -- Senator McConnell: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.
On motion of Senator LEATHERMAN, the Bill was carried over.
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
On motion of Senator MATTHEWS, the Bill was carried over.
H. 4039 -- Rep. Sharpe: A BILL TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.
On motion of Senator MOORE, the Bill was carried over.
S. 1099 -- Senator Drummond: A CONCURRENT RESOLUTION TO ELECT SUCCESSORS TO OFFICES WHICH TERMS HAVE OR WILL EXPIRE AND FOR WHICH CANDIDATES HAVE BEEN SCREENED AND ARE UNOPPOSED FOR SEATS ON THE SUPREME COURT, THE COURT OF APPEALS, THE CIRCUIT COURT, THE FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION.
On motion of Senator HOLLAND, the Concurrent Resolution was carried over.
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator COURTNEY asked unanimous consent to take up Amendment No. 2.
There was no objection.
Senator COURTNEY proposed the following Amendment No. 2 (JUD0958.001), which was adopted:
Amend the bill, as and if amended, page 8, line 34, in Section 9-16-330(A), as contained in SECTION 2, by inserting after the word /districts./ the following:
/ Notwithstanding any other provision of law, no member of the General Assembly may be appointed to the panel for a period of one year after he ceases to be a member of the General Assembly./
Amend the bill further, as and if amended, page 9, line 26, as contained in SECTION 2, by inserting therein the following:
/Section 9-16-350. (A) It shall be unlawful for a member, employee, or agent of the panel or anyone acting on his behalf to use any information concerning panel activities to obtain any economic interest for himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated.
(B) If a member of the panel, an employee of the panel, or a member of his immediate family holds an economic interest in a blind trust, he is not considered to have violated the provisions of subsection (A) even if the acquisition of the economic interest by the blind trust would otherwise violate the provisions of subsection (A), if the existence of the blind trust and the manner of its control is disclosed to the State Ethics Commission and the Budget and Control Board.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years and fined not more than one hundred thousand dollars."/
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator LAND spoke on the amendment.
The amendment was adopted.
Senators BRYAN and GIESE proposed the following Amendment No.1 (GJK\21326HTC.98):
Amend the bill, as and if amended, by striking Section 9-16-320(7) as contained in SECTION 2, page 8, and inserting:
/(7) industry sector, market sector, issuer, and other allocations of assets that provide diversification in accordance with prudent investment standards, including desired rates of return and acceptable levels of risks for each asset class and the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed forty percent and the minimum and maximum portions of system assets not to exceed ten percent that may be allocated to additional equity investment during the plan fiscal year. When investments in equities attain the maximum allocation allowed by this item, up to forty percent of current member and employer contributions to the retirement system may be invested in equities. If, due to growth in value of equity investments, equity investments exceed forty percent of the total assets of the retirement system, this item does not require the sale of equities to reduce the percentage of equities to forty percent./
Renumber sections to conform.
Amend title to conform.
On motion of Senator PEELER, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4688 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO ELECT SUCCESSORS TO OFFICES WHICH TERMS HAVE OR WILL EXPIRE AND FOR WHICH CANDIDATES HAVE BEEN SCREENED AND ARE UNOPPOSED FOR SEATS ON THE SUPREME COURT, THE COURT OF APPEALS, THE CIRCUIT COURT, THE FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator FAIR argued contra to the adoption of the Resolution.
The Concurrent Resolution was passed, ordered returned to the House of Representatives with amendments.
Senators RYBERG, FAIR and MARTIN desired to be recorded as voting against the adoption of the Resolution.
I wish the Journal to reflect that I voted "no" on the adoption of the Resolution and specifically on the election of the Judge of the Family Court for Seat #1 of the Second Judicial Circuit.
I wish the Journal to reflect that I voted "no" on the Resolution to elect those judges who did not have opposition. This vote was based primarily on the fact the individual members of the Senate would have had no opportunity to vote against judges who did not have opposition. I intend on voting against Judge Southerland (Family Court Judge, 13th Judicial Circuit, Seat #3) due to the following report from the Bar Association.
Amy C. Sutherland Judicial Evaluation
13th Cir. Family Court
Legal Skills 4* 3 2 1 Total
1. Knowledge and application of 77 71 76 46 270
rules of evidence and procedure 28.52% 26.30% 28.15% 17.04%
2. Knowledge and application of 74 64 83 49 270
substantive law 27.41% 23.70% 30.74% 18.15%
3. Fair and effective settlement 59 55 64 82 260
skills 22.69% 21.15% 24.62% 31.54%
Impartiality
4. Absence of bias of prejudice 58 35 45 39 177
in juvenile cases 32.77% 19.77% 25.42% 22.03%
5. Absence of favoritism toward 83 71 61 34 249
plaintiff 33.33% 28.51% 24.50% 13.65%
6. Absence of favoritism toward 87 71 60 31 249
defense 34.94% 28.51% 24.10% 12.45%
7. Not influenced by identities 69 68 57 64 258
of lawyers 26.74% 26.36% 22.09% 24.81%
8. Not influenced by identities 69 63 61 64 257
of litigants 26.85% 24.51% 23.74% 24.90%
9. Absence of sexual, racial 84 76 45 50 255
or ethnic bias 32.94% 29.80% 17.65% 19.61%
Judicial Temperament
10. Judicial Temperament and 37 50 77 109 273
demeanor in general 13.55% 18.32% 28.21% 39.93%
11. Courtesy to litigants and 47 50 78 96 271
witnesses 17.34% 18.45% 28.78% 35.42%
12. Courtesy to lawyers 52 59 69 92 272
19.12% 21.69% 25.37% 33.82%
Industry and Promptness
13. Promptness in making 82 95 46 41 264
judicial decisions 31.06% 35.98% 17.42% 15.53%
14. Punctuality and diligence 84 82 48 55 269
31.23% 30.48% 17.84% 20.45%
15. Fair and efficient trial 70 65 59 56 250
management and docket control 28.00% 26.00% 23.60% 22.40%
*4=Excellent, 3=Good, 2=Satisfactory, 1=Deficient
THE SENATE PROCEEDED TO THE MOTION PERIOD.
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.
Senator LAND moved that the Bill be made a Special Order.
Senator LAND spoke on the motion.
Senator BRYAN made a Parliamentary Inquiry as to whether or not S. 947 would now be in the status of Interrupted Debate.
The ACTING PRESIDENT stated that S. 947 would be in the status of Interrupted Debate.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Branton Bryan Courtney Drummond Fair Ford Glover Grooms Holland Hutto Jackson Land Lander Leatherman Matthews McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Russell Saleeby Setzler Short Washington
Alexander Cork Courson Elliott Leventis Martin McConnell Ryberg Smith, J. Verne Thomas Waldrep Wilson
The Bill, H. 3089, was made a Special Order.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Senator MOORE asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate.
There was no objection.
The Bill was placed in the status of Adjourned Debate.
At 11:50 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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