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 MOORE.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words from the Book of Proverbs, Chapter 3 (vv. 13,14) about true wealth:
"Happy are those who find wisdom,
and those who get understanding,
for her income is better than silver,
and her revenue better than gold."
Let us pray.
Almighty God, You are the God of Glory and the Creator of the universe.
We are grateful for the confidence that our people have placed in us by electing us to be custodians and practitioners of power... the people's power.
May the spirit in which we approach our work and our prayers pervade the actions of our common endeavors.
As we pray for a better world, make us participants in creating that better world for which we pray by a new commitment to the highest spiritual values we know.
Bind us together, Lord, in oneness of purpose... seeking goodness as the real basis of greatness in any age.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2336
Agency: Department of Revenue
SUBJECT: Hospitality Cabinets
Received by Lieutenant Governor January 12, 1999
Referred to Judiciary Committee
Legislative Review Expiration May 24, 1999 (REVISED)
February 4, 1999 House Judiciary Committee Requested Withdrawal
120 Day Period Tolled
February 17, 1999 Withdrawn and Resubmitted
The following were received and referred to the appropriate committee for consideration:
Document No. 2316
Agency: State Law Enforcement Division
SUBJECT: State DNA Database
Received by Lieutenant Governor February 16, 1999
Referred to Judiciary Committee
Legislative Review Expiration June 16, 1999 (Subject to Sine Die Revision)
Document No. 2376
Agency: Budget and Control Board
SUBJECT: Commercial Mobile Radio System Surcharge
Received by Lieutenant Governor February 16, 1999
Referred to Judiciary Committee
Legislative Review Expiration June 16, 1999 (Subject to Sine Die Revision)
Document No. 2408
Agency: Workers' Compensation Commission
SUBJECT: Workers' Compensation Claims
Received by Lieutenant Governor February 12, 1999
Referred to Judiciary Committee
Legislative Review Expiration June 12, 1999 (Subject to Sine Die Revision)
Senator DRUMMOND introduced Dr. Julius L. Leary of Greenwood, S.C., Doctor of the Day.
On motion of Senator PEELER, at 11:00 A.M., Senator LEATHERMAN was granted a leave of absence for today.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session at 11:50 A.M., prior to the Joint Assembly.
The following were introduced:
S. 499 (Word version) -- Senators Courson, Giese, Setzler, Ravenel, Mescher and Wilson: A BILL TO AMEND SECTION 8-11-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO EXPAND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE THE BROTHER, SISTER, OR GRANDPARENT OF AN EMPLOYEE OR AN EMPLOYEE'S SPOUSE.
Read the first time and referred to the Committee on Finance.
S. 500 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY, AFTER A DELINQUENT TAX SALE AND THE INTEREST REQUIRED TO BE PAID, SO AS TO REVISE THE INTEREST WHICH IS PAYABLE UPON REDEMPTION.
Read the first time and referred to the Committee on Finance.
S. 501 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 502 (Word version) -- Senators Hayes, Wilson, Grooms and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-485 SO AS TO REQUIRE THE SHERIFF TO PROVIDE WRITTEN NOTICE TO ALL RESIDENCES WITHIN FOUR BLOCKS OF A REGISTERED SEX OFFENDER OF THE OFFENDER'S ADDRESS AND CERTAIN OTHER INFORMATION REGARDING THE OFFENDER; AND TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO A SHERIFF DISSEMINATING SEX OFFENDER REGISTRY INFORMATION WHEN IT IS BELIEVED SUCH DISSEMINATION WILL DETER CRIME, SO AS TO PROVIDE THAT THE FOUR-BLOCK RADIUS NOTIFICATION DOES NOT RESTRICT THE SHERIFF FROM BROADER DISSEMINATION OF INFORMATION WHEN NECESSARY.
Read the first time and referred to the Committee on Judiciary.
S. 503 (Word version) -- Senators Thomas, Peeler and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-755 SO AS TO ESTABLISH FELONY FLEEING AS A CRIME, AND TO PROVIDE A PENALTY; BY ADDING SECTION 56-5-4705 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO PURSUES A VEHICLE THAT EXCEEDS THE SPEED LIMIT OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST ACTIVATE HIS SIREN AND BLUE LIGHT UNDER CERTAIN CIRCUMSTANCES AND PROVIDE CERTAIN EXCEPTIONS, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST COMPILE A STATEWIDE REPORT OF ALL VEHICLE PURSUITS, AND TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO PURSUES A SPEEDING MOTOR VEHICLE OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST RECEIVE CERTAIN TRAINING; AND TO AMEND SECTION 56-5-760, RELATING TO THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT EACH MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCY AND THE STATE HIGHWAY PATROL MUST ADOPT A HIGH-SPEED CHASE POLICY BY JANUARY 1, 2000, WHICH MUST BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT A VEHICLE PURSUIT THAT DOES NOT COMPLY WITH THE PROVISIONS CONTAINED IN THE DEPARTMENT OF PUBLIC SAFETY'S MODEL POLICY REGARDING HIGH-SPEED PURSUITS IS PROHIBITED AND THE PURSUIT IS CONSIDERED GROSSLY NEGLIGENT BEHAVIOR.
Read the first time and referred to the Committee on Judiciary.
S. 504 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-75 SO AS TO REQUIRE ALL RETAILERS OF ALCOHOLIC BEVERAGES, BEER AND WINE, BOTH ON AND OFF THE PREMISES TO POST, IN A CONSPICUOUS PLACE, A SIGN WHICH WARNS THE PUBLIC THAT DRINKING ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS, AND PROVIDE A PENALTY FOR VIOLATION.
Read the first time and referred to the Committee on Judiciary.
S. 505 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-23-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR OFFENSES INVOLVING WEAPONS, SO AS TO CLARIFY THE DEFINITION OF MILITARY FIREARM.
Read the first time and referred to the Committee on Judiciary.
S. 506 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COST OF VEHICLE REGISTRATION FEES, SO AS TO PROVIDE CLARIFICATION OF THE COST OF TRUCK REGISTRATION FEES FOR PRIVATE PASSENGER VEHICLES, AND TO AMEND SECTION 56-3-630, RELATING TO VEHICLES CLASSIFIED AS PASSENGER MOTOR VEHICLES, SO AS TO PROVIDE THAT PRIVATE VEHICLES UNDER SIX THOUSAND POUNDS AND WITH A MAXIMUM GROSS WEIGHT CAPACITY OF UNDER NINE THOUSAND POUNDS MUST BE CLASSIFIED AS PRIVATE PASSENGER AUTOMOBILES FOR PURPOSES OF THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE BY THE DEPARTMENT OF PUBLIC SAFETY.
Read the first time and referred to the Committee on Transportation.
S. 507 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO REQUIRE THAT A REFERENDUM ON THE ISSUE OF AUTHORIZING CASINO BOAT GAMBLING MUST BE HELD IN EACH COUNTY OF THE STATE UPON PETITION OF ONE PERCENT OF THE REGISTERED VOTERS OF THE COUNTY OR UPON APPROVAL BY TWO-THIRDS VOTE OF THE LEGISLATIVE DELEGATION OF THE COUNTY.
Read the first time and referred to the Committee on Judiciary.
H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS.
Read the first time and referred to the Committee on Education.
H. 3527 (Word version) -- Reps. Jennings and Harris: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MARLBORO COUNTY HIGH SCHOOL "BULLDOGS" FOOTBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL UNDEFEATED SEASON AND ON CAPTURING THE 1998 CLASS AAAA-DIVISION II STATE FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 41 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR BEER AND WINE SALES, BY ADDING SECTION 61-4-630, SO AS TO ALLOW DELIVERY OF BEER OR WINE IN A SEALED CONTAINER BY RETAIL PERMIT HOLDERS IN CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 102 (Word version) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese, Wilson, Reese and Setzler: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 160 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 16-1-57 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR THIRD OR SUBSEQUENT CONVICTIONS OF CERTAIN PROPERTY OFFENSES, SO AS TO EXCLUDE CERTAIN SHOPLIFTING OFFENSES FROM THE PROVISIONS OF THIS SECTION, AND TO AMEND SECTION 16-13-110, RELATING TO SHOPLIFTING, SO AS TO REVISE THE PENALTIES AND TO PROVIDE THAT ONLY THOSE OFFENSES OCCURRING WITHIN A PERIOD OF TEN YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST OFFENSE SHALL CONSTITUTE PRIOR OFFENSES FOR PURPOSES OF THIS SECTION.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 195 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 25, TITLE 21 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS, SO AS TO REPEAL SECTIONS 21-25-25, 21-25-35, 21-25-45, AND 21-25-55.
Ordered for consideration tomorrow.
Senator RUSSELL from the Committee on Judiciary submitted a favorable report on:
S. 324 (Word version) -- Senator Russell: A BILL TO AMEND SECTION 33-31-302, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF A NONPROFIT CORPORATION UNDER THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994, SO AS TO CLARIFY THAT A NONPROFIT CORPORATION MAY SERVE AS A TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST AND TO PROVIDE THAT A NONPROFIT CORPORATE TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST IS NOT CONDUCTING A TRUST BUSINESS WITH REGARD TO THAT TRUST.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable report on:
S. 329 (Word version) -- Senators Moore, McConnell, Russell, McGill, Passailaigue, Reese, Jackson, Martin, Washington and Saleeby: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 373 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25, SO AS TO DEFINE THE WORD RESIDENT FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:
S. 476 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210, SO AS TO PROHIBIT THE REMOVAL OR RENAMING OF CERTAIN MONUMENTS AND MEMORIALS LOCATED ON PUBLIC PROPERTY WITHOUT A TWO-THIRDS VOTE OF EACH BRANCH OF THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3426 favorable:
H. 3426 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1999 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 21, 1999, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations polled out H. 3453 favorable:
H. 3453 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION DECLARING NOVEMBER 7-13, 1999, AS "SOUTH CAROLINA ALZHEIMER'S DISEASE AWARENESS WEEK" FOR 1999.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
NOT VOTING
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3490 favorable:
H. 3490 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION SALUTING THE NATIONAL BETA CLUB, WHICH WAS FOUNDED IN LANDRUM IN SPARTANBURG COUNTY, ON ITS SIXTY-FIFTH ANNIVERSARY AND DECLARING THE WEEK OF MARCH 1-7, 1999, AS NATIONAL BETA CLUB WEEK.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
S. 482 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION RECOGNIZING JENNIFER FOX AS A RECIPIENT OF THE 1999 PRUDENTIAL SPIRIT OF COMMUNITY AWARD FOR HER OUTSTANDING RECORD OF VOLUNTEER SERVICE AND COMMUNITY SPIRIT.
Returned with concurrence.
Received as information.
S. 483 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. D. L. WICKER, SR., OF CAYCE, UPON HIS DEATH.
Returned with concurrence.
Received as information.
Columbia, S.C., February 16, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Law, Martin, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield and Lee: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.
and has ordered the Joint Resolution 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 having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3412 (Word version) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.
H. 3332 (Word version) -- Reps. Miller, Lanford and W. McLeod: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND TO RATIFY AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
S. 370 (Word version) -- Senators Peeler, Passailaigue and Drummond: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES, BY ADDING SECTION 50-17-550, SO AS TO REGULATE AND PROVIDE RESTRICTIONS ON COMMERCIAL TAKING AND RECREATIONAL FISHING FOR DOLPHIN; BY ADDING SECTION 50-17-560, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST OR POSSESS SARGASSO WEED IN THIS STATE EXCEPT UNDER A PERMIT ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THESE SECTIONS.
S. 461 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 462 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA/SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2227, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 463 (Word version) -- Senators Martin and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT ALL CONTRACTOR LICENSES CONTINUE IN EFFECT UNTIL SEPTEMBER 1, 1999, AT WHICH TIME PROCEDURES FOR RENEWAL AND BIENNIAL LICENSURE, PURSUANT TO TITLE 40, CHAPTER 11, TAKE EFFECT UNLESS OTHERWISE PROVIDED FOR IN REGULATION.
S. 136 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Giese, Branton and Glover: A BILL TO AMEND SECTION 42-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIPTS FOR THE CREDIT OF THE STATE ACCIDENT FUND AND EXPENDITURES FROM THE FUND, SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION TRUST FUND BALANCE SHALL NOT BE TREATED AS "CARRY FORWARD" REVENUE BUT MUST BE MANAGED SO AS TO APPROXIMATE THE ANNUAL ACTUARIAL ESTIMATE OF INCURRED BUT UNPAID LIABILITIES.
S. 224 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO PROVIDE THAT THE PROVISIONS OF SECTION 8-13-1300 ARE EFFECTIVE FOR THOSE AFFECTED ENTITIES FOR ALL REPORTS AND RECORDS REQUIRED UNDER THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 8, BEGINNING JULY 1, 1996.
S. 228 (Word version) -- Senators McConnell, Leventis and Reese: 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.
S. 242 (Word version) -- Senators McConnell and Rankin: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.
S. 287 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF PARTY AS A WITNESS, SO AS TO PROVIDE THAT A HUSBAND OR WIFE IS REQUIRED TO DISCLOSE ANY COMMUNICATION, CONFIDENTIAL OR OTHERWISE, MADE BY ONE TO THE OTHER DURING THEIR MARRIAGE WHERE THE SUIT, ACTION, OR PROCEEDING CONCERNS OR IS BASED ON CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott and Peeler: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott and Peeler: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
On motion of Senator PEELER, with unanimous consent, the name of Senator LEATHERMAN was added as a co-sponsor of the Bill.
The following Bill and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 498 (Word version) -- Senators McGill and Ravenel: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE WACCAMAW REGIONAL PLANNING COUNCIL, AND PROVIDE THAT APPOINTMENTS TO THIS COUNCIL BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
(By prior motion of Senator McGILL)
S. 460 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 496 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENT-ORIENTED EDUCATION PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 317 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE FOR THE PAYMENT OF ACCRUED PROPERTY TAXES ON REAL PROPERTY TRANSFERRED TO A CHURCH IF THAT PROPERTY IS EXEMPT WHEN OWNED BY THE CHURCH, TO PROVIDE FOR THE PROPERTY'S EXEMPTION IMMEDIATELY UPON TRANSFER TO THE CHURCH, TO PROVIDE FOR THE CESSATION OF TRANSFEROR LIABILITY FOR THE TAX WHEN THE TRANSFER OCCURS, TO PROVIDE THE METHOD OF DETERMINING MILLAGE AND THE DUE DATE FOR THE ACCRUED TAXES, AND TO PROVIDE A LIEN FOR THE COLLECTION OF THE ACCRUED TAX.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (DKA\3218HTC99) which was adopted:
Amend the bill, as and if amended, page 2, by striking SECTION 2 and inserting:
/ SECTION 2. Upon approval by the Governor, this act applies for property tax years beginning after 1997. /
Amend title to conform.
Senator SETZLER explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 495 (Word version) -- Senators Elliott and Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE OVER THE INTRACOASTAL WATERWAY IN THE RESTAURANT ROW AREA OF HORRY COUNTY IN HONOR OF MR. WILLIAM H. ALFORD.
The Concurrent Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.
S. 150 (Word version) -- Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese: A BILL TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (150C001.CBH) proposed by Senators HUTTO and RAVENEL and previously printed in the Journal of February 16, 1999.
Senator HUTTO explained the amendment.
Debate was interrupted by the Joint Assembly.
At 11:55 A.M., on motion of Senator DRUMMOND, 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 ACTING PRESIDENT of the Senate, Senator SETZLER, called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 3479 (Word version) -- 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 17, 1999.
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 LEVENTIS, PATTERSON, RUSSELL, COURTNEY and WALDREP and Representatives Whipper, Harris, McGee, Altman and Hawkins.
The ACTING PRESIDENT., Senator SETZLER, introduced the Honorable Ernest A. Finney, Jr., Chief Justice of the South Carolina Supreme Court.
Chief Justice Finney addressed the Joint Assembly as follows:
Mr. President, Mr. Speaker, Members of the General Assembly, Other State Officials, Members of the Judiciary, Honored Guests, Ladies and Gentlemen:
I thank you for the opportunity to present this report on the state of the South Carolina Judiciary; and I deeply appreciate those occasions during the past several weeks when I have been able to discuss matters of mutual concern with individual members and various committees of this legislative body.
Your attentiveness to issues which affect the judiciary is a reflection of your commitment to the ideals of statesmanship in the highest and best tradition of this great republic. Just as the strength of a chain is determined by its weakest link, the sovereignty of this State can be measured in terms of the vulnerability of its least functional branch.
Therefore, the socio-economic stability of South Carolina rests in the hands of government officials who must guarantee that each branch receives the resources and support necessary to adequately perform its mission.
The mission of the Judicial Branch is to provide a just, efficient system of courts for the resolution of legal disputes in civil actions and for the disposition of criminal charges. Every operation within the Judicial Branch exists for the sole purpose of supporting that mission. Our primary goal is to expedite the disposition of our court caseload.
Since 1995, we have acquired new FTE positions for six Family Court judges, six Circuit Court judges, and three judges on the Court of Appeals; along with ancillary staff for each judicial position. The additional judicial personnel, combined with innovative steps to manage court dockets, have yielded time savings and consistency in disposition of pre-trial proceedings.
For example, greater efficiency and trial effectiveness have been achieved by assigning death penalty cases and multiple related or complex civil litigation to a single judge and court reporter. Certain motions and other non-jury matters are now resolved during designated settlement weeks. Masters-in-equity are assigned as special circuit court judges to hear non-jury Common Pleas matters; and we have expanded the authority of chief judges for administrative purposes. The following numbers provide an objective picture of our criminal and civil caseloads. During Fiscal Year 1996-97, the Court of General Sessions disposed of 110,758 cases. During Fiscal Year 1997-98, that court disposed of 112,123 criminal cases - up by approximately 1400 cases. On the civil side, the Court of Common Pleas disposed of 44,194 cases during Fiscal Year 1996-97; for Fiscal Year 1997-98, the number of dispositions increased to 52,748 cases.
Our Fiscal Year 1999-2000 budget proposal includes a request for $500,000 to expand the pilot Alternate Dispute Resolution Program from Richland and Florence Counties to include the counties of Greenville, Lexington, Horry and Charleston. The initial two-county pilot provides insufficient data upon which to base a final conclusion on the effectiveness of ADR in South Carolina.
The concept is relatively new to this State and will require a period for user acceptance and modifications of procedures and rules. I am persuaded that our investment in the expansion of ADR will be justified by its benefit to litigants and to the system. Foremost, it is an alternative which will operate within the existing framework, since it would not require new judges or additional facilities. Secondarily, the number of civil case dispositions for FY 1997-98 increased by more than 8500 over the preceding fiscal year. We are unable to assess the direct impact of ADR on the improved disposition rate. But, unquestionably, ADR holds the potential for substantially reducing court dockets at a time when every category of litigation is on the rise.
For example, there is expected to be a deluge of litigation arising from the year 2000 challenge as a result of problems encountered by various sectors of society in the arenas of communications and information. The Judicial Branch expects minimal problems because personal service constitutes our primary output. But, for businesses and other entities which provide communications capabilities and information, the courts will become battlegrounds for a new category of disputes which involve financial services, securities, utilities, transportation, health care and education.
On the conventional side, the effects of penalty-enhancement legislation is already apparent in the deceleration of case disposition rates. For instance, the Sexually Violent Predator's Act alone is expected to generate from 200 - 300 additional jury trials per year. So, it is crucial that we explore ADR and every other option which offers a potential for relieving congested dockets.
At the appellate level, the additional three-judge panel on the Court of Appeals has facilitated a redistribution of cases between the two appellate courts. To further enhance the disposition rate of cases on appeal, the Court of Appeals has devised a plan for accelerated disposition of cases. We have requested an additional clerical support person to assist with the increased workload of that court.
Some Supreme Court personnel were transferred to the Court of Appeals to perform docketing functions assumed under the new set-up. We are also requesting FTE positions for one staff attorney and one clerical employee for the Supreme Court. During the early part of this decade, disciplinary enforcement for attorney and judicial misconduct emerged as an issue of grave concern in South Carolina.
On January 1, 1997, rules providing for the Commissions on Lawyer and Judicial Conduct became effective. The additional staff, budgetary resources, and rule revisions have improved the effectiveness of the disciplinary process. The Office of Disciplinary Counsel received 176 judicial grievances and 1,100 complaints against attorneys in Fiscal Year 1996-97. During Fiscal Year 1997-98, the caseload increased to 206 new cases against judges and 1,242 new complaints against attorneys.
Furthermore, when the commissions were instituted, we anticipated that most of the prosecutions would be conducted by the Office of the South Carolina Attorney General. However, there has been an unexpectedly large number of cases from which the Office of the Attorney General had to be recused due to apparent conflicts of interest. We are optimistic that another attorney and one additional support person would enable the Office of Disciplinary Counsel to handle the unforeseen volume of prosecutions.
Budget Priority No. 3 is a request for $450,000 in recurring funding to implement a revolving cycle for replacement of obsolete information technology hardware. We believe that any potential problems inherent in the Y2K transition will be resolved by acquiring the funding and personnel to comply with our initial Long-Range Strategic Plan.
The two areas which are lacking in our technology division are the ability to systematically upgrade computers and office equipment and acquire experienced technicians. The results of studies conducted by the State Budget and Control Board Office of Human Resources emphasized the need to establish a base-salary formula for our lowest-paid employees. We have heretofore attempted to rectify this situation on a piece-meal basis. But, the effect of the salary dilemma is taking a toll on branch operations; and I believe it is imperative that we provide a salary increase in Fiscal Year 1999-2000 for non-judicial staff. In our view, a 5.00% increase would serve as an incentive for experienced employees to remain with the branch.
Another incentive is the opportunity for upward mobility through continuing education. Moreover, education is a cost-effective means of enhancing staff efficiency. Our budget proposal contains a request for $100,000 to institute a systematic program of staff education to improve productivity, boost morale and aid in attracting and retaining employees.
The Judicial Branch Budgetary Request for Fiscal Year 1999-2000 seeks additional funding of $3,216,057 for seven programs. The budget was developed from a projection of the resources necessary to operate the Judicial Branch and from the standpoint of practicality. For instance, we are not requesting FTE positions for judges this year. While we still have case backlogs and the need for increased judicial resources is clear, there are insufficient facilities and personnel at the county level to accommodate additional concurrent terms of court. For this reason, we must depend upon our current roster of judges to carry a heavier caseload.
We have designated a judicial salary increase of 6.05% as our first budget priority. This request is intended to bring judicial salaries in South Carolina up to the southeastern average for judges. But there are other reasons of paramount importance, such as the underlying cause of the high attrition rate of state court judges and the need to attract and retain judges.
A week ago today in these chambers, this same General Assembly elected nine judges to fill vacancies in the family and circuit courts, and on the Court of Appeals. I believe there were two vacancies not filled during the election. But even as you were preparing to fill the nine positions, at least two other judges submitted letters stating their intention to resign or retire, and I received notice from another judge just yesterday.
To the casual observer, the flurry of judicial elections might indicate that South Carolina has an ample supply of state court judges. However, prior to last Wednesday, there had never been fewer than five judicial vacancies and we have not - in recent times - had a full complement of judges to staff our courts. We have been able to maintain court schedules by curtailing judicial leave. As a rule, judges are understanding of our plight. But, excessive caseloads and the imposition of overly stringent leave guidelines have had an obvious detrimental effect upon morale.
We believe that these men and women who are called upon to decide issues of personal freedom, to determine property rights, and to adjudicate matters of life and death on a daily basis should be compensated at a level which reflects their dedication.
We have scrutinized Judicial Branch operations and requested funding for obvious, critical needs. Each request is for funding to annualize, expand, or maintain an existing program. It would be misleading to imply that increasing the base appropriation of the Judicial Branch by $3,000,000 will position our court system to adequately discharge its constitutionally mandated functions in the next millennium. The sum of our funding request for FY 1999-2000 and our current base budget amounts to less than one percent of the state's budgetary spending. In reality, this is a subsistence budget - a proposal intended to make the best use of available resources to facilitate accessibility to the judicial process.
I have concluded that, if our court system is at risk, calamity is not likely to occur because of a single catastrophic event, such as the stroke of midnight at the onset of year 2000. Conversely, any breakdown experienced by the court system is more likely to result from two diametrically opposed reasons: one external, the other internal.
Externally, insufficient personnel and inadequate facilities are being gradually overburdened by a perpetually escalating number of cases. According to a United States Census Bureau report, as of June 30, 1998, South Carolina's population had reached 3,835,962 - growth of 1.3% since June 30, 1997 - to become the 11th fastest growing state in the nation. The report's significance to the court system is that a higher population generates more criminal defendants, more victims, and more civil litigants.
Consequently, the resources intended for court viability have been diverted to court subsistence. Regrettably, we are constrained to measure progress in terms of whether or not we have fallen any further behind. The goal in our circuit courts is to dispose of criminal cases within 180 days from date of arrest and to adjudicate civil cases within 540 days from the date of filing. As a result, we have been able to chip away at the backlog while we strive to dispose of a number of cases each year which is at least equal to the number of new cases filed. When combined with the caseload projected for new litigation at the start of the next century, it is not an exaggeration to predict that a calamity will be averted only through careful planning and realistic spending.
Ladies and Gentlemen, it is imperative, as the legislature considers new measures which affect the court system, that the Judicial Branch must be involved from the very beginning of the planning process. We have seen good ideas fall short of the intended result, partly because they were promulgated without the input of persons or entities from all perspectives involved.
Presently pending before this General Assembly are proposals for Drug Treatment Courts in various forms. The consensus is that this is an idea whose time has come. I concur in that consensus - with two caveats. First, I would recommend that every reasonable precaution be taken to ensure the success of any plan adopted. Second, I charge you that the success of any new program should not come at the expense of any other segment of the court system.
A plan which requires the shifting of resources from an established program to the new program, even if successful, would tend to weaken the area deprived of needed resources. For instance, if Drug Treatment Courts require the use of judges from the circuit and family courts, then the docket of non-drug cases will suffer. Even if "after-hour" sessions are contemplated using existing judges, the disposition of conventional cases will be affected. Like other workers, judges are most effective when they are not over extended and my reports indicate that our judges are already overworked.
I challenge you to devote the requisite research, planning and resources to bring this promising concept to fruition. In my opinion, the second threat to the stability of our court system is more insidious because the assault originates internally from individuals and coalitions within our system of government.
When the founding fathers framed our constitution, they were specific in providing for separation of powers as between each branch of government. These immigrants bore the scars of victimization by a system of laws which favored the whims of the privileged over justice for the deserving. South Carolina holds the distinction of being one of the initial thirteen colonies - a monument to those courageous men and women who chose a life of hardship on foreign soil over tyranny in their homeland.
I charge you, as gatekeepers of our form of government, to resolve that our system of laws shall not be denigrated on our watch by those who, for praise or power, would compromise the integrity of one of the most sacred possessions claimed by those early settlers over two centuries ago.
Let us renew our commitment to maintain the independence of the judiciary, as embodied in the statute of the Lady Justice, standing blindfolded, with evenly balanced scales in her hands, fair to all, beholden to none; no friends to reward and no enemies to punish. But we serve during a period when this noble concept is being undermined. We see peril adorned as laws which favor special interests. Encroachment is cloaked as exigency demanding hasty decisions for the wrong reasons. The will to manipulate the legal process masquerades as a desire for accountability in order to institute a system under which judges could be subject to coercion and intimidation.
Perhaps the more imminent danger lies in the benign neglect of a court system deprived of its lifeblood by inadequate funding for needed programs. Anemic, ineffectual courts are in and of themselves a threat to good social order and personal freedom. Powerless to implement laws in an impartial manner, the courts become the tool of whomever or whichever faction is in power. Justice becomes a hostage to funding authorities who use the budget as leverage to achieve a certain end or to exact a desired result.
Addressing our obligation to promote a just system of courts, Edmond Burke, the British statesman, wrote:
Justice is itself the great standing policy of civil society;
and any eminent departure from it,
under any circumstances,
lies under the suspicion of being no policy at all.
The responsibility of maintaining balance in services and programs is a daunting task. But, ladies and gentlemen, we are the individuals chosen by the people to represent them and to safeguard their interests. They have sent us to the seat of government to achieve together objectives which they could not accomplish alone.
I and the other members of the South Carolina Judiciary look forward to working with the members of this 113th General Assembly, as - together - we seek to insure justice, maintain domestic tranquility, and secure the blessings of liberty to ourselves and to our posterity in the coming millennium.
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 your attention.
The purposes of the Joint Assembly having been accomplished, the ACTING PRESIDENT, Senator SETZLER, declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the ACTING PRESIDENT, Senator SETZLER.
On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Committee on Judiciary, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Public Safety, with term to commence February 1, 1996, and to expire February 1, 2000:
B. Boykin Rose, 19 Church Street, Charleston, S.C. 29401 VICE James Caulder
Having received a favorable report from the Committee on Finance, the following appointment was confirmed in open session:
Initial Appointment, Director of the Department of Revenue and Taxation, with term coterminous with Governor:
Elizabeth Ann Carpentier, 1709 Hollywood Dr., Columbia, S.C. 29205 VICE Burnet R. Maybank, III.
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Lorraine B. Corbett of Myrtle Beach, S.C., beloved wife of Charles Corbett, Sr., and beloved mother of the Honorable Kenneth S. Corbett, former member of the House of Representatives, and Laura F. Corbett, Dr. Charles E. Corbett, Jr., David S. and Nancy H. Corbett, Victoria C. and J. Jackson Thomas, and beloved grandmother of nine grandchildren. Mrs. Corbett was a pillar of the Myrtle Beach community and was active in many civic and charitable organizations.
At 12:38 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Friday, June 26, 2009 at 9:41 A.M.