Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 112:4: "Light rises in the darkness for the upright; the Lord is gracious, merciful and righteous."
Let us pray. We thank You, O Lord, for the incredible ways You work in us and in our world. Help us to remain focused on listening to You when You give us answers to our problems. Amidst the many distractions that draw us away, show us how to drink deeply of Your wonder, majesty, and awe. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Shirley A. Thomas of Blackville, which was agreed to.
Columbia, S.C., February 12, 2008
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time on Wednesday, February 13, 2008, for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. SPIRES the invitation was accepted.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3478 (Word version) -- Reps. Spires, Haley, Huggins, Bedingfield, F. N. Smith, Ballentine, Crawford, Frye, Harvin, Jefferson, Knight, Leach, Littlejohn, Mitchell, J. R. Smith, Stavrinakis, Toole, Whipper and Weeks: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WAGE WITHHOLDING FOR THE COLLECTION AND ENFORCEMENT OF CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT THE FAMILY COURT SHALL ORDER WAGE WITHHOLDING UPON FINDING THAT A PERSON, WHO IS NOT REQUIRED TO PAY THROUGH WAGE WITHHOLDING OR THE FAMILY COURT, IS, OR HAS BEEN, IN ARREARS IN AN AMOUNT EQUAL TO THREE OR MORE MONTH'S SUPPORT OBLIGATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3028 (Word version) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THE IDENTITY OF FOOD OR A FOOD PRODUCT THAT IS SERVED, SOLD, OR OTHERWISE COMMERCIALLY DISTRIBUTED OR OFFERED FOR DISTRIBUTION, TO SPECIFY ACTS OF MISREPRESENTATION OF THE IDENTITY OF FOOD OR A FOOD PRODUCT, AND TO PROVIDE FOR CRIMINAL, CIVIL, AND ADMINISTRATIVE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4685 (Word version) -- Reps. Limehouse, Loftis, Lowe, Crawford, Davenport, Hardwick, Leach, Bannister, Bingham, Brantley, Cato, Clemmons, Duncan, Hagood, Mulvaney, M. A. Pitts, Scarborough, Shoopman, Toole, Umphlett, Vick and Witherspoon: A BILL TO AMEND SECTION 12-37-714, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SITUS OF BOATS FOR PURPOSES OF PROPERTY TAX, SO AS TO CHANGE THE EXISTING SITUS REQUIREMENTS BY INCREASING TO A TOTAL OF ONE HUNDRED EIGHTY DAYS IN A PROPERTY TAX YEAR THE TIME IN THIS STATE NECESSARY FOR THE BOAT TO BE SUBJECT TO PROPERTY TAX.
Referred to Committee on Ways and Means
H. 4686 (Word version) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.
On motion of Rep. MCLEOD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4687 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 44-53-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATERIALS, COMPOUNDS, MIXTURES, AND PREPARATIONS CLASSIFIED AS SCHEDULE I DRUGS, SO AS TO ADD SALVIA DIVINORUM AND SALVINORIN A TO THE LIST OF SCHEDULE I DRUGS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4688 (Word version) -- Rep. Battle: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-82-1 SO AS TO PROVIDE THAT THE POLICY AND PURPOSE OF CHAPTER 82, TITLE 40 IS TO PROMOTE THE SAFETY OF THE PUBLIC AND THE ENVIRONMENT BY EFFECTIVE REGULATION OF LIQUEFIED PETROLEUM GAS; TO AMEND SECTION 40-82-5, RELATING TO OTHER LAW APPLICABLE TO THE LIQUEFIED PETROLEUM GAS BOARD AND LICENSEES, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 40-82-10, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO DELETE THE PROVISION THAT REQUIRES A VOTE BY FOUR OF THE SEVEN MEMBERS TO TAKE ACTION; TO AMEND SECTION 40-82-20, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF LIQUEFIED PETROLEUM GAS, SO AS TO DEFINE "WHOLESALER" AND "BULK PLANT" AND TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-82-70, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE OUTDATED REFERENCES; TO AMEND SECTION 40-82-120, RELATING TO SANCTIONS THAT MAY BE IMPOSED BY THE BOARD FOR VIOLATIONS, SO AS TO INCLUDE REPRIMANDS, CIVIL FINES, AND LICENSE RESTRICTION, SUSPENSION, AND REVOCATION; TO AMEND SECTION 40-82-220, RELATING TO LICENSURE REQUIREMENTS, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS, INCLUDING ESTABLISHING A LIMITATION ON THE NUMBER OF SITES FOR WHICH A PERSON MAY BE RESPONSIBLE AND THE DISTANCE OF SUCH SITES FROM THE PERSON'S WORK SITE AND ESTABLISHING LICENSURE FOR LIQUEFIED PETROLEUM GAS WHOLESALERS; TO AMEND SECTION 40-82-250, RELATING TO LIABILITY INSURANCE REQUIREMENTS FOR LIQUEFIED PETROLEUM GAS PLANTS, DEALERS, RESELLERS, CYLINDER EXCHANGE COMPANIES, AND INSTALLERS, SO AS TO INCLUDE WHOLESALERS AND TO INCREASE THE REQUIRED COVERAGE FROM FIVE HUNDRED THOUSAND DOLLARS TO ONE MILLION DOLLARS; TO AMEND SECTION 40-82-280, RELATING TO SANCTIONS THAT MAY BE IMPOSED BY THE STATE FIRE MARSHAL FOR CONDITIONS HAZARDOUS TO THE PUBLIC SAFETY, SO AS TO PROVIDE THAT SUCH SANCTIONS MAY BE IMPOSED FOR CHAPTER VIOLATIONS AND TO FURTHER SPECIFY THE ADMINISTRATIVE PENALTIES THAT MAY BE IMPOSED; TO AMEND SECTION 40-82-310, RELATING TO REQUIRING FIRE REPORTS TO BE MADE BY AN OWNER, MANAGER, OR OPERATOR OF A VEHICLE OR EQUIPMENT REGULATED BY THIS CHAPTER, SO AS TO DELETE OWNERS, MANAGERS, AND OPERATORS OF VEHICLES FROM THIS REQUIREMENT; TO REPEAL SECTIONS 40-82-240, 40-82-290, AND 40-82-300 RELATING, RESPECTIVELY, TO DEALER STORAGE CAPACITIES, GROUNDING ELECTRICAL CIRCUITS OR APPLIANCES, AND SAFETY CUT OFF VALVES; AND TO RENAME CHAPTER 82, TITLE 40 "LIQUEFIED PETROLEUM GAS".
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 4689 (Word version) -- Reps. Mitchell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND MR. ROY JOHNSON OF SPARTANBURG FOR HIS FIVE YEARS OF OUTSTANDING AND DEDICATED SERVICE AS EXECUTIVE DIRECTOR OF THE SPARTANBURG HOUSING AUTHORITY, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4690 (Word version) -- Reps. Clyburn, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DAISY CADLE MATTHEWS WASHINGTON OF AIKEN COUNTY ON THE OCCASION OF HER ONE HUNDREDTH SIXTH BIRTHDAY, TO DECLARE FEBRUARY 22, 2008, DAISY CADLE MATTHEWS WASHINGTON DAY, AND TO WISH MRS. WASHINGTON MUCH HEALTH AND HAPPINESS IN THE COMING YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Coleman Cooper Crawford Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Huggins Hutson Jefferson Kelly Kennedy Kirsh Knight Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Whipper White Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 13.
Paul Agnew Terry Alexander Karl Allen William Bowers Gilda Cobb-Hunter Robert Leach Walton McLeod Todd Rutherford Doug Smith Thad Viers Robert Walker William R. "Bill" Whitmire James Harrison Ted Vick Douglas Jennings Carl Anderson David Weeks
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
The SPEAKER granted Rep. LEACH a leave of absence for the day.
Rep. J. M. NEAL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 5.
Announcement was made that Dr. John P. Evans of Greenville was the Doctor of the Day for the General Assembly.
Rep. BANNISTER presented to the House the J. L. Mann High School "Patriots" Boys Swim Team, the Class AAA Champions, their coaches and other school officials.
Rep. BANNISTER presented to the House the J. L. Mann High School "Patriots" Boys Cross Country Team, the Class AAA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4654 (Word version)
Date: ADD:
02/13/08 KNIGHT
Bill Number: H. 4157 (Word version)
Date: ADD:
02/13/08 UMPHLETT
Bill Number: H. 4493 (Word version)
Date: ADD:
02/13/08 G. R. SMITH
Bill Number: H. 4596 (Word version)
Date: ADD:
02/13/08 MCLEOD
Bill Number: H. 4596 (Word version)
Date: ADD:
02/13/08 SANDIFER
Bill Number: H. 4620 (Word version)
Date: ADD:
02/13/08 BEDINGFIELD
Bill Number: H. 4620 (Word version)
Date: ADD:
02/13/08 G. R. SMITH
Bill Number: H. 4622 (Word version)
Date: ADD:
02/13/08 KNIGHT
Bill Number: H. 4623 (Word version)
Date: ADD:
02/13/08 KNIGHT
Bill Number: H. 4662 (Word version)
Date: ADD:
02/13/08 BARFIELD
Bill Number: H. 4662 (Word version)
Date: ADD:
02/13/08 KNIGHT
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 598 (Word version) -- Senators Campsen, McConnell, Moore, Fair, Grooms, Ritchie, Verdin, Malloy, Bryant and Knotts: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING ARTICLE 4 SO AS TO ENACT THE "TELEVISION PROGRAMMING PROTECTION ACT" TO REQUIRE A CABLE OR VIDEO SERVICE PROVIDER TO BLOCK ALL VIDEO AND AUDIO ON ANY CHANNEL THAT A SUBSCRIBER HAS NOT PURCHASED.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3059 (Word version) -- Reps. M. A. Pitts, Haskins, Umphlett, Mahaffey, Sandifer, Haley, Viers, Weeks, Clemmons and J. R. Smith: A BILL TO AMEND SECTION 16-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE FIRE DEPARTMENT OR RESCUE SQUAD, SO AS TO ADD THAT IT IS UNLAWFUL TO GIVE FALSE INFORMATION OR IDENTIFICATION TO A LAW ENFORCEMENT OFFICER FOR THE PURPOSE OF AVOIDING ARREST OR CRIMINAL CHARGES.
H. 4363 (Word version) -- Reps. Harrison, G. M. Smith, Delleney, Bales, McLeod, Hart and Weeks: A BILL TO AMEND SECTION 1-23-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT, SO AS TO MAKE TECHNICAL CHANGES, DELETE THE PROVISION THAT REQUIRES THE ADMINISTRATIVE LAW COURT TO HIRE AND SUPERVISE A LAW CLERK TO ASSIST THE JUDGES WHO HEAR DEPARTMENT OF MOTOR VEHICLE HEARING APPEALS WITH THE ADMINISTRATION OF THOSE APPEALS, TO PROVIDE THAT IF THE DEPARTMENT OF MOTOR VEHICLES ELECTS TO NOT APPEAR AT CERTAIN HEARINGS, IT WAIVES ITS RIGHT TO APPEAL A FINAL DECISION OF A HEARING OFFICER, TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FACILITIES FOR CERTAIN ADMINISTRATIVE HEARINGS, TO PROVIDE THAT THE STATE ETHICS COMMISSION IS RESPONSIBLE FOR THE ENFORCEMENT AND ADMINISTRATION OF CERTAIN APPELLATE COURT RULES AND FOR THE ISSUANCE OF CERTAIN ADVISORY OPINIONS, TO PROVIDE THAT CERTAIN PERSONS MAY ATTEND CERTAIN JUDICIAL-RELATED OR BAR-RELATED FUNCTIONS, AND TO DELETE THE PROVISION THAT ALLOWS THE CHIEF ADMINISTRATIVE LAW JUDGE TO ADJUDICATE CASES UNDER SECTION 1-23-600; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS RELATING TO MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-170, RELATING TO THE ISSUANCE OF RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A HOLDER OF A RESTRICTED DRIVER'S LICENSE IS ENTITLED TO A HEARING UPON A SUSPENSION OR REVOCATION OF HIS LICENSE, AND TO PROVIDE THAT A HOLDER OF THE LICENSE MAY REQUEST A HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-820, RELATING TO A DRIVER'S LICENSE HOLDER'S REQUEST FOR A HEARING AFTER HAVING RECEIVED A NOTICE OF SUSPENSION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-1030, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE OFFICE OF MOTOR VEHICLE HEARINGS HAS EXCLUSIVE JURISDICTION TO CONDUCT A HABITUAL OFFENDER DRIVER'S LICENSE REVOCATION HEARING; TO AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE TO A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF CERTAIN DRIVING OFFENSES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES PERMITS OR DENIES THE RELEASE OF AN IMMOBILIZED VEHICLE, AND WHEREBY AN OWNER OF A VEHICLE MAY SEEK RELIEF FROM A DECISION TO HAVE A VEHICLE IMMOBILIZED; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO REFUSES TO SUBMIT TO TESTING TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST AN ADMINISTRATIVE HEARING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-9-60, AS AMENDED, RELATING TO SELF-INSURER'S FOR MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES RELATING TO THE CANCELLATION OF A SELF-INSURER'S STATUS; TO AMEND SECTION 56-9-363, AS AMENDED, RELATING TO CERTAIN FORMS PRESCRIBED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-510, RELATING TO THE REGISTRATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-530, RELATING TO AN UNINSURED VEHICLE INVOLVED IN CERTAIN ACCIDENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-15-350 AND SECTION 56-16-180, BOTH AS AMENDED, RELATING TO THE DENIAL OF, THE ISSUANCE OF, SUSPENSION, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES.
The following Bill was taken up:
H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts, Spires and Bowers: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5422CM08), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-4630 of the 1976 Code is amended to read:
"Section 56-5-4630. (A) Whenever the load upon a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, there the vehicle must be equipped with, displayed at the extreme rear end of the load, at the times specified in Section 56-5-4450, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section is in addition to the red rear light required upon every vehicle. At any other time there must be displayed at the extreme rear end of the load a red flag or cloth not less than twelve inches by twelve inches and hung making the entire area visible to the driver of a vehicle approaching from the rear. the following safety equipment:
(1) for any vehicle or trailer transporting unprocessed forest products, one amber strobe-type lamp equipped with a multi-directional-type lens securely affixed as close as practical to the end of the projecting load, so as to be visible from the rear and side of the projecting load. If one strobe lamp fails to make the projecting load visible from both sides and the rear of the projecting load, multiple strobe lamps must be utilized to meet the visibility requirements. The strobe lamp shall flash at a rate of at least sixty flashes per minute and must be plainly visible from a distance of at least five hundred feet to the sides and rear of the projecting load. The lamp must be operating any time the vehicle is operated on a highway or parked on the shoulder or immediately adjacent to the traveled portion of a public roadway. A red light or lantern plainly visible from a distance of at least five hundred feet to the side or rear must be displayed at the extreme rear of the load if the strobe light required by this section becomes temporarily inoperable while transporting a load between points.
(2) For all other vehicles, the projecting load must be marked at the extreme rear of the load with a red flag or cloth not less than twelve inches by twelve inches and hung so that the entire area is visible to the driver of a vehicle approaching from the rear.
(B) Utility companies when responding to an emergency situation such as caused by storms or accidents are exempt from the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS moved to table the amendment, which was agreed to.
Reps. UMPHLETT and WITHERSPOON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12018AC08), which was tabled:
Amend the bill, as and if amended, Section 56-5-4630(A)(1), page 3853-2, line 2 after /products/ by inserting:
/or any vehicle or trailer transporting a utility pole, including but not limited to, electric utility vehicles and phone company vehicles,/
Amend the bill further, Section 56-5-4630, page 3853-2, after line 24 by inserting:
/(C) Notwithstanding the provisions of subsection (A), if the strobe light on a vehicle or trailer is not operating, the owner or operator of the vehicle or trailer may not be held liable for any damages that may otherwise have resulted due to the strobe light not operating./
Amend the bill further, by deleting SECTION 2 of the bill on page 3853-2 and inserting:
/SECTION 2. This act takes effect January 1, 2009./
Renumber sections to conform.
Amend title to conform.
Rep. UMPHLETT explained the amendment.
Rep. E. H. PITTS moved to table the amendment, which was agreed to.
The Education and Public Works Committee proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5439CM08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-4630 of the 1976 Code is amended to read:
"Section 56-5-4630. (A) Whenever the load upon a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, there the vehicle must be equipped with, displayed at the extreme rear end of the load, at the times specified in Section 56-5-4450, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section is in addition to the red rear light required upon every vehicle. At any other time there must be displayed at the extreme rear end of the load a red flag or cloth not less than twelve inches by twelve inches and hung making the entire area visible to the driver of a vehicle approaching from the rear. the following safety equipment:
(1) for any commercial motor vehicle as defined in this title transporting unmanufactured forest products as defined in Department of Public Safety Regulation 38-390, one amber strobe-type lamp equipped with a multi-directional-type lens securely affixed as close as practical to the end of the projecting load, so as to be visible from the rear and side of the projecting load. If one strobe lamp fails to make the projecting load visible from both sides and the rear of the projecting load, multiple strobe lamps must be utilized to meet the visibility requirements. The strobe lamp shall flash at a rate of at least sixty flashes per minute and must be plainly visible from a distance of at least five hundred feet to the sides and rear of the projecting load. The lamp must be operating any time the vehicle is operated on a highway or parked on the shoulder or immediately adjacent to the traveled portion of a public roadway; or
(2) A red light or lantern plainly visible from a distance of at least five hundred feet to the side or rear must be displayed at the extreme rear of the load if the strobe light required by this section becomes temporarily inoperable while transporting a load between points.
(B) The projecting load must be marked at the extreme rear of the load with a red flag or cloth not less than twelve inches by twelve inches and hung so that the entire area is visible to the driver of a vehicle approaching from the rear.
(C) Utility companies when responding to an emergency situation such as caused by storms or accidents are exempt from the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4357 (Word version) -- Reps. E. H. Pitts and Viers: A BILL TO AMEND SECTION 57-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUS SHELTERS AND ADVERTISING ALLOWED THEREON FOR SUCH SHELTERS LOCATED IN THE RIGHT-OF-WAY OF A STATE ROAD, SO AS TO ALLOW ADVERTISING ON A STAND-ALONE BUS BENCH LOCATED WITHIN THE RIGHT-OF-WAY OF A STATE ROAD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10350HTC08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 57-25-30 of the 1976 Code is amended to read:
"Section 57-25-30. (A) Bus shelters and benches, including those on which commercial advertisements are placed, may be erected and maintained within the rights-of-way of public roads by the State at bus stops of public authorities. A bus shelter or bench located within the right-of-way of a state road shall must comply with all applicable requirements of the Department of Transportation, Title 23 of the United States Code, and Title 23 of the Code of Federal Regulations. A bus shelter or bench located within the right-of-way of a road other than a state road shall must comply with all applicable requirements of the municipality or county within whose jurisdiction it is located.
(B) A person erecting a bus shelter or bench, including those on which commercial advertisements are placed, within the right-of-way of a state road shall obtain a permit for each all shelter location or bench locations from the Department of Transportation. The permit shall cost twenty-five dollars. Permit fees must be placed in the department's trust fund and used for public transportation purposes.
(C) Commercial advertisements may be placed only on bus shelters or benches belonging to or permitted through a public owner who has awarded an advertising contract through a competitive bid process. Fees for special advertising permits must be assessed as follows:
(1) an initial, nonrefundable permit application fee of one hundred dollars for each location, and
(2) an annual fee of fifty dollars for each bus shelter, or
(3) an annual fee of twenty-five dollars for each bus bench.
Notwithstanding the provisions of items (2) and (3) of this subsection, the annual fee charged for a single location must not exceed fifty dollars.
(D) Permit fees collected pursuant to this section must be placed in the State Highway Fund. The department shall report the amount of fees collected pursuant to this section to the General Assembly no later than 2010.
(E) Payment of the annual permit fee must be made in the same manner as an outdoor advertising permit fee pursuant to Section 57-25-150(C).
(F) Violators of this section are subject to the penalty provisions provided pursuant to Sections 57-25-160 and 57-25-180."/
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4494 (Word version) -- Reps. Harrell, Harrison, Cooper, Walker, Cato, Witherspoon, White and Gambrell: A BILL TO AMEND SECTION 2-75-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-75-30, RELATING TO CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO PROVIDE THAT INTEREST EARNINGS OF THE ENDOWMENT MAY BE USED FOR PROGRAMMATIC SUPPORT IN ACCORDANCE WITH BOARD POLICIES AND GUIDELINES; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO REVISE THE FUNDING DOCUMENTATION AN APPLICATION MUST CONTAIN; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; AND BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES.
Reps. SCOTT, SELLERS, KENNEDY, J. H. NEAL, HART, BINGHAM, HAGOOD, BRANTLEY, HODGES, SHOOPMAN, YOUNG, HOSEY, CLYBURN, MULVANEY, COOPER, BALES, MERRILL, HUGGINS, COTTY, LIMEHOUSE, BEDINGFIELD, J. R. SMITH, WHITE and GOVAN requested debate on the Bill.
The following Bill was taken up:
H. 4470 (Word version) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W. D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3680 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR THE PURCHASE, INSTALLATION, OR IMPROVEMENT OF A FIRE SPRINKLER SYSTEM AND TO PROVIDE THE ADMINISTRATION OF THE CREDIT; TO AMEND SECTION 5-31-670, RELATING TO MUNICIPAL AND SPECIAL SERVICE DISTRICT WATER SYSTEMS, SO AS TO LIMIT CHARGES FOR SEPARATE LINES FOR FIRE SPRINKLER SYSTEMS TO ACTUAL COSTS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS FOR THE FIRST FIFTY THOUSAND DOLLARS OF THE COST OF ADDING TO AND UPGRADES OF FIRE SPRINKLER SYSTEMS IN MANUFACTURING ESTABLISHMENTS IN EXISTENCE BEFORE JULY 1, 2008; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO DEPRECIATION ALLOWED IN THE VALUATION OF MANUFACTURING PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW A TWENTY PERCENT ANNUAL DEPRECIATION FOR THE ADDITION OR UPGRADE OF A FIRE SPRINKLER SYSTEM INSTALLED OR UPGRADED IN A MANUFACTURING ESTABLISHMENT IN EXISTENCE BEFORE JULY 1, 2008, AND TO ALLOW THIS COST TO BE COMPLETELY DEPRECIATED; AND TO AMEND SECTION 23-9-40, RELATING TO THE DUTIES OF THE STATE FIRE MARSHAL, SO AS TO ADD AUTHORITY RELATING TO FIRE SPRINKLER SYSTEMS.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. DELLENEY objected.
Rep. HUTSON asked unanimous consent to recall H. 4622 (Word version) from the Committee on Education and Public Works.
Rep. W. D. SMITH objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES, AND TO DELETE AN OBSOLETE PROVISION.
Rep. COOPER moved to adjourn debate upon the Senate Amendments until Tuesday, February 19, which was agreed to.
The following Concurrent Resolution was taken up:
H. 4654 (Word version) -- Reps. Stavrinakis, Whipper, Breeland, R. Brown, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Young and Knight: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAYS 7 AND 171 IN CHARLESTON COUNTY THE "BARRETT S. LAWRIMORE MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "BARRETT S. LAWRIMORE MEMORIAL INTERSECTION".
Whereas, former Charleston County Council Chairman, Barrett S. Lawrimore died on October 4, 2007, at the age of 71; and
Whereas, Mr. Lawrimore served on the Charleston County Council for twelve years, seven of those years as council chairman; and
Whereas, raised on a farm in Horry County, Mr. Lawrimore was known for his humor and relaxed folksy charm; and
Whereas, retired as director of the Charleston County Office of the Clemson Extension Service in 1988 after thirty-one years of service, he continued working to help Lowcountry farmers as president of the Charleston County Farm Bureau, executive director of the South Carolina Tomato Association, and president of Lawrimore Agricultural Consultant Service, Inc.; and
Whereas, he served on numerous boards and organizations which included the Berkeley-Charleston-Dorchester Council of Governments, the Charleston Area Transportation Study Policy Committee, the Charleston Area Convention and Visitors' Bureau Board of Directors, the National Association of Regional Councils, and the National Association of Counties Agricultural and Rural Steering Committee; and
Whereas, Mr. Lawrimore served this country with distinction in the United States Army from 1955 to 1957 and retired as a colonel after twenty-four years in the Army Reserves; and
Whereas, he is survived by his wife, Marilyn, and their three children; and
Whereas, it is fitting and proper for the members of the General Assembly to recognize the many accomplishments of this son of South Carolina by naming an intersection in Charleston County in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, request that the Department of Transportation name the intersection of South Carolina Highways 7 and 171 in Charleston County the "Barrett S. Lawrimore Memorial Intersection" and erect appropriate markers or signs at this intersection that contain the words "Barrett S. Lawrimore Memorial Intersection".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4655 (Word version) -- Reps. R. Brown, Stavrinakis, Breeland, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF UNITED STATES HIGHWAY 17 AND SOUTH CAROLINA HIGHWAY 165 IN CHARLESTON COUNTY THAT CONTAIN THE WORDS "CURTIS B. INABINETT, SR. INTERSECTION".
Whereas, the Honorable Curtis B. Inabinett, Sr., is married to the former Ethel M. Joy, and together they are the proud parents of a son, Curtis, Jr.; and
Whereas, he received a Bachelor of Arts degree from South Carolina State University; and
Whereas, Mr. Inabinett distinguished himself in the field of public education as a teacher and a principal; and
Whereas, he also had a successful career as a public official, having served as Mayor of the Town of Ravenel from 1982 to 1990 and as a member of the South Carolina House of Representatives from 1991 to 1999; and
Whereas, Mr. Inabinett also served this country with distinction as a member of the United States Army and Active Reserve; and
Whereas, it is fitting and proper for the members of the General Assembly to pause in their deliberations to recognize the many contributions that this son of South Carolina has made to this State and nation by having an intersection in Charleston County named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation erect appropriate markers or signs at the intersection of United States Highway 17 and South Carolina Highway 165 in Charleston County that contain the words "Curtis B. Inabinett, Sr. Intersection".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4691 (Word version) -- Reps. Knight, J. E. Smith, Agnew, Bales, Brady, G. Brown, R. Brown, Cobb-Hunter, Funderburk, Govan, Hart, Hodges, Jefferson, Limehouse, McLeod, Miller, J. H. Neal, Ott, Simrill, G. R. Smith, Toole, Viers, Witherspoon, Harvin, Kennedy, Moss and Phillips: A CONCURRENT RESOLUTION URGING THE FEDERAL NUCLEAR REGULATORY COMMISSION TO DISAPPROVE THE REQUEST TO IMPORT AND DISPOSE OF ITALIAN LOW-LEVEL RADIOACTIVE WASTE IN THIS COUNTRY.
The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4692 (Word version) -- Reps. Harvin, Loftis, Funderburk, Knight, Anderson, Bales, Battle, Brady, Branham, Breeland, G. Brown, Clyburn, Coleman, Delleney, Gullick, Hart, Hosey, Jefferson, Jennings, Kennedy, Lucas, Mack, McLeod, Miller, J. M. Neal, Parks, Rice, Scott, Sellers, G. R. Smith, Stavrinakis, Weeks and Williams: A JOINT RESOLUTION TO DIRECT THE STATE BUDGET AND CONTROL BOARD CHIEF INFORMATION OFFICER AND THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO PROVIDE A WIRELESS CLOUD OVER ALL PUBLIC SCHOOL FACILITIES AND OVER A TEN-MILE RADIUS SURROUNDING THE FACILITIES USING EXISTING INFRASTRUCTURE.
Referred to Committee on Labor, Commerce and Industry
H. 4693 (Word version) -- Reps. Frye, Huggins, Spires, Witherspoon, Erickson, Pinson, Hardwick, Coleman, Toole, D. C. Smith, Haley, Anthony, Bales, Bingham, Clemmons, Cobb-Hunter, Kennedy, McLeod, Merrill, Parks, Perry, E. H. Pitts, Scott, Weeks and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-750 SO AS TO REQUIRE AUTOMOBILE INSURERS TO NOTIFY INSUREDS WHEN PREMIUMS ARE INCREASED RESULTING FROM CHANGES IN THE INSURED'S CREDIT REPORTS AND REQUIRE THE INSURER TO SEND A COPY OF THE CREDIT REPORT WHEN NOTIFYING THE INSURED.
Referred to Committee on Labor, Commerce and Industry
H. 4694 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-815 SO AS TO PROHIBIT A PERSON CHARGED WITH A CRIMINAL OFFENSE WITH A MAXIMUM PENALTY OF ONE YEAR OR MORE FROM SERVING ON A STATE GRAND JURY.
Referred to Committee on Judiciary
H. 4695 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-7-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALLING OF ALTERNATE JURORS IN THE COURT OF COMMON PLEAS AND GENERAL SESSIONS, SO AS TO ALLOW THE PRESIDING JUDGE BROADER DISCRETION IN DETERMINING WHEN AND HOW MANY ALTERNATE JURORS ARE NECESSARY IN A TRIAL THAT IS LIKELY TO BE PROTRACTED.
Referred to Committee on Judiciary
On motion of Rep. HUTSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:
H. 4622 (Word version) -- Reps. Hutson, Dantzler, Limehouse, Miller, Perry, Umphlett, Witherspoon and Knight: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTS ASSESSED A PERSON'S DRIVING RECORD FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE OPERATION OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT FOUR POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON FOR THE IMPROPER OPERATION OF A VEHICLE WHEN APPROACHING A STATIONARY EMERGENCY VEHICLE; AND TO AMEND SECTION 56-5-1538, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE AND PENALTIES FOR A VIOLATION OF THIS PROVISION, SO AS TO REUSE THE DEFINITION OF AN EMERGENCY SCENE, TO PROVIDE THAT ALL PERSONS DRIVING IN OR THROUGH AN EMERGENCY SCENE MUST EXERCISE DUE REGARD FOR THE SAFETY OF ALL PERSONS WHEN HE DRIVES TO OR FROM AN EMERGENCY SCENE, TO PROVIDE THAT A PERSON WHO COMMITS A MOVING VIOLATION IN AN EMERGENCY IS SUBJECT TO A FINE THAT IS DOUBLE THE FINE OTHERWISE PRESCRIBED FOR THAT MOVING VIOLATION, AND TO PROVIDE THAT CERTAIN CONDUCT BY A DRIVER CONSTITUTES A FACTOR IN AGGRAVATION.
At 11:52 a.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R188, S. 452 (Word version)) -- Senators Grooms, McConnell, Campsen and Knotts: AN ACT TO AMEND SECTION 50-15-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE A PROVISION PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS BY ADDING CERTAIN PERSONS ALLOWING THE REMOVAL AND DISPOSITION OF ALLIGATORS; BY ADDING SECTION 50-15-65 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH AN ALLIGATOR MANAGEMENT PROGRAM FOR THE HUNTING AND FOR THE SELECTIVE REMOVAL OF ALLIGATORS, TO PROVIDE FOR THE TERMS, CONDITIONS, AND FEES AND COSTS OF THIS PROGRAM, TO ALSO ESTABLISH THE PRIVATE LANDS ALLIGATOR PROGRAM UNDER WHICH LANDOWNERS OR LESSEES OF PRIVATE PROPERTY MAY APPLY FOR PERMITS THAT ALLOW ALLIGATORS TO BE TAKEN WITH FIREARMS UNDER SPECIFIED CONDITIONS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 50-15-80, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT AND THE DISPOSITION OF CONFISCATED PROPERTY, SO AS TO FURTHER PROVIDE FOR WHAT ACTIONS GIVE RISE TO THE PENALTY PROVISIONS; AND TO REPEAL SECTION 50-15-60 RELATING TO COST OF SPECIFIED PROGRAMS AND ALLIGATOR PRODUCTS PERMITS.
(R189, S. 588 (Word version)) -- Senators McConnell, Lourie, Rankin, Land, Ritchie, Cromer and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, REDEFINE "ELIGIBLE EMPLOYEE" AND PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.
(R190, S. 775 (Word version)) -- Senators Scott and Lourie: A JOINT RESOLUTION TO ESTABLISH THE MULTIPLE SCLEROSIS HEALTH CARE ACCESS STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY THE AVAILABILITY OF HEALTH CARE SERVICES TO MULTIPLE SCLEROSIS PATIENTS IN THIS STATE AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
(R191, S. 964 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 34-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF THE USE OF THE WORD "BANK" IN CONNECTION WITH A PURSUIT OTHER THAN BANKING, SO AS TO PROHIBIT THE USE OF A BANKING ENTITY'S LOGO OR NAME IN CONNECTION WITH A FINANCIAL TRANSACTION WITHOUT ITS WRITTEN CONSENT, AND TO PROVIDE FOR REMEDIES, INCLUDING REIMBURSEMENT OF ATTORNEY'S FEES AND COSTS.
(R192, S. 993 (Word version)) -- Senator Hutto: AN ACT TO ENACT THE "ALLENDALE COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT" SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN ALLENDALE COUNTY NOT TO EXCEED ONE PERCENT TO BE USED FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATIONS.
(R193, S. 1034 (Word version)) -- Senator Courson: A JOINT RESOLUTION TO EXTEND THE DATE BY WHICH THE HIGHER EDUCATION TASK FORCE MUST SUBMIT RECOMMENDATIONS FOR THE HIGHER EDUCATION STATEWIDE STRATEGIC PLAN TO THE GENERAL ASSEMBLY UNTIL SEPTEMBER 15, 2008.
(R194, H. 4399 (Word version)) -- Rep. Anthony: AN ACT TO AMEND ACT 469 OF 2002, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND THE UNION COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE TIME PERIOD WHEN CANDIDATES FOR ELECTION TO THE BOARD MUST FILE STATEMENTS OF CANDIDACY.
(R195, H. 4447 (Word version)) -- Rep. Cato: AN ACT TO AMEND ACT 170 OF 2007, RELATING TO THE CREATION OF A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, SO AS TO EXTEND FROM FEBRUARY 1, 2008, TO NOVEMBER 1, 2008, THE DATE BY WHICH THE COMMITTEE IS REQUIRED TO MAKE ITS REPORT TO THE GENERAL ASSEMBLY.
(R196, H. 4514 (Word version)) -- Reps. Shoopman, Loftis, G.R. Smith, Cato, Bedingfield, Haskins, Hamilton, Rice, Allen, F.N. Smith, Taylor, Bannister and Leach: AN ACT TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE THE BOARD FROM SEVEN TO TWELVE MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE OVER THE HOSPITAL OPERATED BY THE CITY OF GREENVILLE IN ORDER TO SERVE ALL THE RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO EFFECT THIS PLAN.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4477 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 13, 2008.
Chief Justice Toal and her distinguished party were escorted to the rostrum by Senators Elliott, Ceips, Cleary, Land and Leatherman and Representatives DELLENEY, AGNEW, HART, KELLY, HAGOOD and FUNDERBURK.
Lieutenant Governor Bauer, President Pro Tempore McConnell, Speaker HARRELL, Speaker Pro Tempore SMITH, Members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, ladies and gentlemen:
The generosity of this General Assembly in extending this podium to me is an enduring symbol of our small and beloved State's very personal and civil approach to public discourse.
This has been a year of great transition for your Judicial Branch. We mourn the loss of Cameron Bruce Littlejohn, a South Carolina icon. Historians have documented his 63 years of public service, but the Bruce Littlejohn we revere is the Chief Justice who healed the fractious relationship between the Court and the General Assembly, and then in so called "retirement" became a Senior Judge on the newly created South Carolina Court of Appeals; bringing his wisdom and energy to active service into his 90's.
The crippling blow our already over-stressed Family Court suffered last summer with the deaths of three judges in two months was devastating to our court family. Rolly Jacobs, B. Brown and Mary Buchan were three of our brightest and most productive colleagues. More importantly, they were our dearest friends.
This General Assembly confirmed the strength of our judicial selection system with the selection of Associate Justice Don Beatty, but the real story is not simply that Justice Beatty's selection makes history, but rather, that he is a wonderfully talented jurist. His keen intellect and strong work ethic make him a first-rate addition to our Court.
We also look forward with great joy to the investiture of John Kittredge, who will join the Court in July.
Three new Court of Appeals Judges -- Paula Thomas, Danny Pieper and Aphrodite Konduros -- will bring strong trial court experience to their service as Appellate Judges, and we are grateful that you were able to move quickly to fill the vacancies on the trial bench.
Our dear old Blue Devil will be departing in July. Behind that gentle facade is one of the brightest minds in our Court's storied history. With Duke undergraduate and law degrees, Jim Moore could have gone anywhere. He chose to return to his native Greenwood with Miss South Carolina at his side and quickly became a community, church and professional leader. During his years of General Assembly service, he helped floor lead judicial reform for South Carolina's Courts. He completes a distinguished 31-year career as a trial and appellate judge. We hope to persuade Jim to continue to give the State the benefit of his wisdom in senior status.
We wish Tommy Abbot and Jane Fender well in their retirement. They have served the Family Court with distinction in two of the toughest coastal circuits.
When I became your Chief Justice, the total judicial branch budget was 41 million dollars, almost every penny of which was funded by general revenue appropriations. Eight fiscal years later, it now costs approximately 57 million dollars to operate the judicial branch, of which only $36 million will be provided this year by general revenue. $15 million is derived from fines and fees and $5 million from federal grants. I ask this year that you make fines and fee revenues stable by codifying them into the permanent code. Twenty-six percent of the budget of the third branch of government rests on temporary provisos. This funding must be stabilized.
South Carolina again this year has the highest caseload per general jurisdiction trial judge of any court system in the nation. We continue to experience more than twice the national average in filings per judge.
The real crisis is in the Circuit Court on the criminal side and in the Family Court dockets. South Carolina has one of the highest criminal domestic violence rankings in the country. Violent crimes such as murder, armed robbery, drug-related crimes and gang violence are causing increasing backlogs in our courts. For many years, the national and South Carolina benchmark or standard was to dispose of a case within 180 days. The four-year snapshot of our performance that you see on the screen now demonstrates that we are falling further behind this benchmark each year.
In Circuit Court, the General Sessions Court handles the criminal part of the docket. In 2004, we had 110,000 cases filed in that court and disposed of 83,000 cases. In 2005, we had a 6,000 case increase in filings, a 10,000 case increase in dispositions and we still fell behind in our quest to meet the 180-day benchmark. In 2006, we jumped another 6,000 cases in increased filings and we jumped our disposition rate by 15,000 cases. Despite this improvement, we fell increasingly behind in our quest to meet the benchmarks for disposing of criminal cases in an expedient fashion. In 2007, our increase in filings slowed, "only" a 3,000 case increase, but despite a 2,000 case disposition increase, we again are falling further and further behind our goals.
These same Circuit Court Judges also handle the Common Pleas docket, our civil docket, where although filings have fallen 2,000 cases in four years, our disposition rate lags 4,000 cases over the same period. The gap between filings and dispositions is more than 13,000 cases a year. Why? Because I am using these judges more and more on the criminal docket. The public demands it. This use has been damaging to the court's ability to control the civil docket. No circuit has met the 180-day benchmark for criminal cases, and only three beat this benchmark with their average disposition rate on the civil side.
We created in 1977 a Family Court which was a model for the nation - specialized in divorce, alimony, equitable division of marital property, child custody, visitation and adjudication of criminal offenses for juveniles. Today, this court is so inundated with cases that when we computed how much time judges on average spend on a case, we reached an alarming figure: twenty minutes per case. Twenty minutes - to make decisions that have a permanent effect on a child, on a parent, on a family. The child support enforcement cases alone take up one full day out of every five available for court hearings in family court.
To address this crisis, I have again requested that this General Assembly create, elect, and fund three additional Circuit Court judge positions and three additional Family Court judge positions. every circuit in the state could use these additional judges, but if you create the positions at-large, I can utilize the constitutional mandate to rotate judges and place these judges where they are needed from week to week.
Access to affordable legal representation is a real need for many hard-working South Carolinians of modest means. To begin to address this issue, the Supreme Court has created an access to a justice commission which has broad-based representation from the business, legal, education and community service sectors of South Carolina. This commission will hold hearings around the State this Spring to identify specific needs community by community. The commission will then design access solutions which allow citizens to use self-help materials where they can and offer other resources to provide citizens with easier access to the court system.
By Administrative Order, we have begun Business Courts in South Carolina as a pilot program in Charleston, Greenville, and Richland's Circuit Courts. The purpose of Business Courts is to increase the ability of the civil courts to address complex business, corporate and commercial matters with specialized case management procedures. I've assigned three very able Circuit Judges - Roger Young, Michelle Childs and Ned Miller - to this task. They have received special training and have begun to receive Business Court cases. This sends a strong message to those who want to locate their businesses in our State that sophisticated commercial litigation can be managed expeditiously in South Carolina.
Our increased reliance on the internet to automate our court system raises serious issues about the balance among the competing goals of public access, personal privacy and public safety. A broadly representative task force has spent the past year developing rule proposals which will be considered by the Supreme Court this year.
Two years ago, the South Carolina Senate Judiciary Committee undertook a major study of criminal courts in this State. The task force recommendations are pending in several Bills in each of the legislative bodies. All of these recommendations have my strong support. I want to highlight one of the most important recommendations.
Sentencing in the United States is a national problem. The costs of incarceration are a major drain on not only state resources but on local government resources. Our sister state of North Carolina took a hard look at its sentencing laws 10 years ago. If we followed North Carolina's approach, the result could be stronger and more consistent sentencing for repeat offenders and reduced costs by using alternatives to incarceration for non-violent offenders.
How can we implement real reform? This General Assembly should lead the way. You must bring together all stakeholders from the courts, victims, law enforcement and all others. Your leaders should include not just Judiciary Committee members, but also leaders from the Finance and Ways & Means Committees. I have initiated conversation about this issue with Chairmen McConnell and HARRISON, as well as Sub-committee Chair Annette YOUNG, and Representatives COBB-HUNTER and SIMRILL. I will shortly be approaching Chairman Leatherman and his Senate colleagues. This issue has profound public safety as well as economic impacts. The discussion cannot just focus on courts or corrections; it must be a broad-based policy examination. Senator Malloy' s criminal justice task force has a Bill pending in the House which could be the vehicle for examining this issue. I pledge the financial support of the Judicial Branch to staff this effort.
Turning again to Family Court for a moment, the vast majority of child support cases in Family Court - matters that take up so much of our docket - involve cases brought by the Department of Social Services. The support that is ordered does not go to mothers; it goes to the Department of Social Services. The federal government requires DSS to collect this money to offset the temporary assistance for needy families (TANF) that is paid. We are spending an enormous amount of time collecting that money to send it to DSS, but we have got to do it or we lose federal dollars.
Our Family Court system is drowning in these cases and in abuse and neglect cases, and some of the biggest complaints I hear about Family Court are from individuals in divorce, child custody, visitation and alimony cases that can't get a timely hearing. I know you hear their voices too.
The Family Court Study which was made two years ago recommended the use of volunteer hearing officers in Family Court and mandatory mediation in Family Court for custody, visitation and equitable division matters. This one initiative would not cost you a nickel and you could experiment and see if it works. The other initiative would cost you modestly, but I guarantee you the pay-off would be tremendous in terms of freeing up these Family Court judges.
This General Assembly made a major breakthrough last year in reforming our indigent defense system. As you know, the United States Constitution requires that any person facing a serious criminal charge be afforded legal counsel. The vast majority of criminal defendants in South Carolina and across the nation are indigent. With the appointment of Patton Adams as Director and the restructuring of the public defender system, you have created a business process which is already being hailed nationally as a practical, no frills, well-run solution to this monumental problem. Half of the circuits have this state-of-the-art system in place. The remaining circuits should be funded this year.
The signature business tool of my administration as your Chief Justice has been the creation of an internet-based way of managing court business and improving user and public access to the courts. We now have web-based automation efforts underway in each level of South Carolina's courts. The basic access format is the Judicial Department web site and the web sites for each of the 46 county clerks of court. Our web site has recently been completely redesigned to be a highly efficient and valuable gateway to the court system's resources.
By the Spring of this year, 57% of the total state caseload will be managed by our State Court Case Management System. This system is nationally recognized, and we continue to develop and deploy it primarily with federal grants.
South Carolina is the only state in the nation in which the criminal docket is controlled by the prosecutor. Public hearings two years ago revealed the critical need for a statewide standard for managing these dockets. The old roll-call system is an utterly outmoded way of disposing of the enormous backlogs that put an ever-increasing stranglehold on our criminal dockets.
In order to get a statewide standard in place, each of the 16 circuit solicitors signed a consent order issued by me last Spring agreeing to utilize a differentiated case management system which sets benchmarks and deadlines for disposition of all cases. The Judicial Department obtained grants and helped the solicitors design a software system to implement case management for criminal cases. This system is almost 65% deployed. I am using targeted assignments of experienced and senior status circuit judges to move the backlog. Particular thanks to Judge Howard King, Judge Ed Cottingham and Judge Ernest Kinard for tackling some of our most backlogged circuits.
Now I want to turn to the South Carolina Bar Examination process, which has been the subject of some controversy. On behalf of my Court, I want to speak to you directly, unfiltered by the gloss of others.
Each of us in this room lives our lives and raises our families in a small state where we know each other well. Unlike life in a large anonymous place, we prize a life of rich and enduring personal relationships. The legal profession in our beloved State is nationally recognized for the civility, decency and integrity of our approach to practice.
In other jurisdictions, a lawmaker might never meet the members of the State's Highest Court. In South Carolina, you see Jean Toal, Jim Moore, Johnnie Waller, Costa Pleicones and Don Beatty amongst you regularly. Our Bench is the smallest per capita of any in the country. You know us very well.
Our Court has issued several statements concerning the results of the July 2007 Bar Exam. I can't improve on what we have said as a Court, but I want you to hear directly from me what we did and why.
In the United States lawyers are licensed to practice law separately by each of the states and the District of Columbia. The criteria for these licensures are set by the highest court of each state.
Our three-day Bar Examination consists of a one-day national examination and a six-part, two-day essay examination developed and administered by South Carolina lawyers, the Board of Bar Examiners.
The examinees are identified to the Bar Examiners only by number. The key to the examinee numbers is available only to the Clerk of the Supreme Court and his Bar Examination staff.
The Bar Examiners submit their results by number to the clerk, who then tabulates all sections, certifies the final results and notifies the examinees. An examinee must pass six of the seven sections and meet a minimum score on the national exam in order to pass the Bar Examination.
On October 27, 2007, the July results were released. About a week after results of the July exam were certified and released, one of the examiners rechecked his result reports and discovered to his horror that he had incorrectly transposed several lines and thus reported as passing an examinee who had failed his section.
When the clerk was notified, he checked the consolidated list and discovered that this examinee had failed another section of the exam. He placed this problem before me and I convened our Court to discuss it the next morning. As we saw it, we had three unpalatable choices:
We could notify the examinee that we were revoking his letter certifying that he would be admitted to practice;
We could do nothing;
We could discard the section.
We quickly decided that doing nothing would potentially treat this examinee differently from all others who failed the Will and Trusts Section. We finally determined to discard the results of the section. This had the effect of admitting additional examinees.
As we deliberated this matter, we had no information about the identity of the examinees or their law school.
You might have made this decision differently, but one thing of which you can be absolutely sure is this - your Supreme Court made this decision with the sole motivation of trying to be fair. We are people of decency and honor and we must have the ability to make decisions without fear or favor. Judicial independence is the bedrock of our profession.
There are now Bills introduced to amend our South Carolina Constitution to place responsibility for the admission to practice and regulation of lawyers and judges in the Labor, Licensing and Regulations Board. No other state licenses or disciplines its lawyers by use of an Executive Branch Board. I believe the present system works well. Can our system of Bar Examination and discipline be improved? Of course! Increased automation will receive accelerated attention so that we never have a repeat of this year's score reporting error.
As I announced last year at this time, South Carolina has applied to the American Bar Association for an evaluation by its specialists of our system for lawyer and judicial discipline. Our application was accepted last summer, and the ABA team will begin its work this March. In the meantime, your very evident support for our Court and our work and your personal warmth and affection is a wind at our back.
The face of the future of our nation is my Patrick. Today, he and his Big Mama are using the computer to check up on Bob the Builder and the Backyardigans. Tomorrow, he'll use God's gift of love and his ability to create the future.
Upon conclusion of her address, Chief Justice Toal and her escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:36 p.m. the House resumed, the SPEAKER in the Chair.
Rep. DELLENEY moved that the House do now adjourn, which was agreed to.
At 12:37 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Shirley A. Thomas of Blackville, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, June 22, 2009 at 12:02 P.M.