South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

WEDNESDAY, FEBRUARY 26, 1997

Wednesday, February 26, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty and eternal God, Who has opened to us another day of service to You and to our fellowmen, enable us to hear and heed Your beckoning with confidence and hope lest we meet our tasks and opportunities with fear and frustration. Grant that we might follow Your leadership in a simple and childlike faith, assured that the future is as bright as the promises of God. Give us the forward and upward look that we may take hold of each responsibility with resolute determination and whole hearted dedication. When we are wrong, make us easy to change; when we are right, keep us easy to get along with.

We pray in praise to You and in thanksgiving. 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 Pro Tempore.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.

SPEAKER IN CHAIR
MOTION ADOPTED

Rep. LIMEHOUSE moved that when the House adjourns, it adjourn in memory of Charles E. Dake of Charleston, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3103 -- Reps. J. Brown and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3065 -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3135 -- Rep. Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY MUST BE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND MUST BE ADMISSIBLE IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3180 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3318 -- Reps. Townsend, Rhoad, Webb, Sharpe, Sandifer, Martin, Barrett and Witherspoon: A BILL TO AMEND SECTIONS 46-21-60 AND 46-21-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A FOUNDATION SEED ORGANIZATION FOR THE PURPOSE OF FOSTERING THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF FOUNDATION HYBRID SEED CORN AND OTHER CROP SEED AND PROVIDE FOR THE COOPERATION OF VARIOUS OTHER AGENCIES IN CARRYING OUT THE PURPOSES OF THE FOUNDATION, SO AS TO PROVIDE THAT THE PURPOSE OF THE FOUNDATION IS AIMED AT THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF PURE VARIETIES OF CROP SEEDS AND PLANTS RATHER THAN FOUNDATION HYBRID SEED CORN AND OTHER CROP SEEDS, DELETE THE AUTHORITY OF THE SOUTH CAROLINA CROP IMPROVEMENT ASSOCIATION TO BE VESTED WITH CERTAIN POWERS, DELETE THE REQUIREMENT THAT AGENCIES COOPERATE WITH THE ASSOCIATION, EXCEPT FOR THE DEPARTMENT OF AGRICULTURE, AND ADD CLEMSON UNIVERSITY AS AN ENTITY RESPONSIBLE FOR CARRYING OUT THE PURPOSES OF SECTION 46-21-60.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3351 -- Rep. Felder: A BILL TO AMEND SECTION 50-11-704, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN CERTAIN GAME ZONES TO OBSERVE OR HARASS WILDLIFE, SO AS TO INCLUDE GAME ZONE 3 AS A GAME ZONE TO WHICH THESE PROVISIONS APPLY.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3420 -- Rep. Rhoad: A BILL TO AMEND SECTION 47-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF SWINE, SO AS TO PROVIDE FOR RELIANCE ON PSEUDORABIES ERADICATION PROGRAM STANDARDS WHEN IMPORTING SWINE FOR FEEDING OR OTHER THAN FEEDING PURPOSES.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 287 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-74-90; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR POOL COVERAGE; AND SECTION 38-74-60, AS AMENDED, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, ALL SO AS TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT, DELETE THE EXCLUSION OF INDIVIDUALS DIAGNOSED AS BEING INFECTED WITH AIDS, REDUCE THE PREMIUM CAP ON CERTAIN ASSESSMENTS, ALLOW FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO ENTER THE POOL WITHOUT SATISFYING CURRENT ELIGIBILITY REQUIREMENTS, REDUCE THE RESIDENCY REQUIREMENT, REQUIRE FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO BE RESIDENTS, ENSURE THAT THE PREEXISTING CONDITION EXCLUSION IS NOT APPLIED TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS, REMOVE THE PROVISIONS ALLOWING EXTRA CHARGES WHERE A PREEXISTING CONDITION EXCLUSION IS WAIVED, AND ENSURE THAT FEDERALLY DEFINED ELIGIBLE INDIVIDUALS ARE PROVIDED A CHOICE OF COVERAGE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 288 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45, TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS; REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

S. 61 -- Senator Holland: A BILL TO DISSOLVE THE COMMITTEE APPOINTED TO STUDY MANDATORY MINIMUM AND ALTERNATIVE SENTENCES CREATED BY THE CRIME BILL OF 1995.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3108 -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3100 -- Reps. Allison, Townsend, Walker and Meacham: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKEUP OF SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS, SO AS TO PROVIDE FOR THE MANNER IN WHICH EACH SCHOOL DISTRICT BOARD OF TRUSTEES SHALL PLAN THE SCHOOL TERM SO THAT UP TO THREE NONINSTRUCTIONAL DAYS SHALL BE DESIGNATED AS MAKEUP DAYS FOR THIS PURPOSE.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3532 -- Reps. Clyburn, R. Smith, Townsend, Cromer, J. Hines, Harvin, Spearman, Breeland, Rhoad and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-545 SO AS TO PROVIDE THAT IT IS THE RESPONSIBILITY OF THE SCHOOL DISTRICT IN WHICH A CHILD IS PLACED IN FOSTER CARE OR OTHER LIVING ARRANGEMENTS TO PROVIDE FOR THE CHILD'S EDUCATION AND TO PROVIDE AN EXCEPTION.

Referred to Committee on Education and Public Works.

H. 3533 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-25 SO AS TO PROVIDE THAT ACTS, RESOLUTIONS, OR LAWS OF THIS STATE ENACTED BY THE GENERAL ASSEMBLY ARE AFFORDED A PRESUMPTION OF LEGALITY AND CONSTITUTIONALITY, TO PROVIDE FOR THE BURDEN OF PROOF A PLAINTIFF MUST MEET IN SEEKING TO OVERTURN AN ACT, RESOLUTION, OR LAW OF THIS STATE, AND TO PROVIDE THAT THE ATTORNEY GENERAL, UPON CONCLUSION OF SUCH AN ACTION, PROMPTLY SHALL NOTIFY CERTAIN OFFICERS OF THE GENERAL ASSEMBLY IF A COURT DECLARES AN ACT, RESOLUTION, OR LAW UNCONSTITUTIONAL, INVALID, OR WITHOUT FORCE AND EFFECT.

Referred to Committee on Judiciary.

H. 3534 -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC DEFENDER SYSTEM, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS DO NOT HAVE TO BE RESIDENTS OF THE COUNTY IN WHICH THEY SERVE.

Referred to Committee on Judiciary.

H. 3535 -- Reps. Sharpe, T. Brown and Rhoad: A BILL TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3536 -- Reps. Clyburn, Stoddard, Cromer, J. Hines, T. Brown and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-462 SO AS TO PROVIDE FOR A PREMIUM REDUCTION FOR AN AUTOMOBILE INSURANCE POLICY WHEN THE PRINCIPAL OPERATOR OF THE INSURED AUTOMOBILE IS INSURED UNDER THE POLICY, IS FIFTY-FIVE YEARS OF AGE OR OLDER, AND HAS COMPLETED SUCCESSFULLY A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.

Referred to Committee on Labor, Commerce and Industry.

H. 3537 -- Reps. Clyburn, Cromer and McMahand: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-25, SO AS TO PROVIDE THAT, IN THE INDOOR FOOD CONSUMPTION OR DINING AREAS OF RESTAURANTS AND CAFETERIAS AND OTHER EATING OR DINING ESTABLISHMENTS WHICH SERVE FOOD FOR CONSUMPTION ON THE PREMISES TO THE GENERAL PUBLIC, THE OWNER, MANAGER, OR AGENT IN CHARGE OF THE PREMISES SHALL DISPLAY SIGNS DESIGNATING SMOKING AND MANDATORY NONSMOKING AREAS, TO PROVIDE FOR RELATED MATTERS, AND TO AMEND SECTION 44-95-50 RELATING TO CLEAN INDOOR ACT PENALTIES SO AS TO INCLUDE VIOLATIONS OF SECTION 44-95-25 AS A PENALTY.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3538 -- Reps. Clyburn, Cromer, T. Brown and J. Brown: A BILL TO AMEND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO INCREASE FROM THREE THOUSAND DOLLARS TO SIX THOUSAND DOLLARS THE MAXIMUM AMOUNT OF RETIREMENT INCOME WHICH MAY BE DEDUCTED FROM TAXABLE INCOME BY A TAXPAYER OVER AGE SIXTY-FIVE MAKING A CERTAIN ELECTION.

Referred to Committee on Ways and Means.

H. 3539 -- Reps. Klauber, Parks, Carnell and Stille: A BILL TO DISSOLVE THE GREENWOOD COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES, AS PROVIDED FOR IN CHAPTER 15 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF EDUCATION, UPON THE GREENWOOD COUNTY COUNCIL FOR PURPOSES OF WINDING UP THE OPERATION AND AFFAIRS OF THE COUNTY BOARD OF EDUCATION.

On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3540 -- Reps. Clyburn, Rice, Bailey, Cromer, Pinckney and Bowers: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL ACCOUNTABILITY ACT OF 1997" INCLUDING PROVISIONS TO DIRECT THE STATE BOARD OF EDUCATION TO REPEAL ALL REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THE SCHOOL ACCOUNTABILITY ACT OF 1997 AS WELL AS THOSE WHICH ADDRESS ISSUES WHICH SHOULD BE DECIDED BY EACH SCHOOL DISTRICT AS A MATTER OF LOCAL SCHOOL BOARD POLICY; TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO ESTABLISH BENCHMARKS OF SUCCESS WHICH MUST BE ACHIEVED BY EVERY PUBLIC SCHOOL IN THIS STATE BY SPECIFIED YEARS, TO ESTABLISH A JOINT COMMITTEE TO REVIEW THE ELEMENTS OF THE EDUCATION FINANCE ACT FOUNDATION PROGRAM AND RECOMMEND REVISIONS, TO PROVIDE THAT CERTAIN EDUCATION IMPROVEMENT ACT FUNDS SHALL BE ALLOCATED AND DISTRIBUTED TO LOCAL SCHOOLS AND DISTRICTS AS LOCAL SCHOOL INNOVATION FUNDS, TO REQUIRE EACH SCHOOL DISTRICT TO RETAIN AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT AN ANNUAL AUDIT OF FUNDS EXPENDED BY THE DISTRICT, TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO EVALUATE EACH PUBLIC SCHOOL USING THE ABOVE BENCHMARKS OF SUCCESS AND CLASSIFY EACH SCHOOL AS SUCCESSFUL, IMPROVING, ADVISED, WARNED, OR SUBSTANDARD, AND TO PROVIDE FOR PROCEDURAL REWARDS, REMEDIES, AND REQUIRED CORRECTIVE ACTION, IF APPLICABLE, BASED ON EACH CLASSIFICATION; BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1998 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE THAT CURRENT MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE; BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1997, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR; BY ADDING SECTION 59-19-91 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF LOCAL SCHOOL BOARDS OF TRUSTEES; BY ADDING SECTION 59-19-92 SO AS TO PROVIDE THAT AFTER THE 1998 GENERAL ELECTION, IT SHALL BE UNLAWFUL FOR A SCHOOL TRUSTEE TO RECEIVE PAY AS AN EMPLOYEE OF A PUBLIC SCHOOL THAT IS LOCATED IN THE SAME DISTRICT OF WHICH THAT PERSON IS A TRUSTEE; AND BY ADDING SECTION 59-24-65 SO AS TO FURTHER PROVIDE FOR THE POWERS, DUTIES, AND RESPONSIBILITIES OF SCHOOL SUPERINTENDENTS AND HOW THESE POWERS, DUTIES, AND RESPONSIBILITIES INTERACT WITH THOSE OF THE LOCAL SCHOOL BOARD OF TRUSTEES.

Referred to Committee on Education and Public Works.

H. 3541 -- Rep. Cotty: A BILL TO AMEND SECTION 20-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHOTOGRAPHS, X-RAYS, AND OTHER MEDICAL EXAMINATIONS OF AREAS OF TRAUMA VISIBLE ON A CHILD SUBJECT TO A REPORT OF SUSPECTED CHILD ABUSE, SO AS TO PROVIDE THAT COPIES OF ALL PHOTOGRAPHS, NEGATIVES, RADIOLOGICAL, AND OTHER MEDICAL REPORTS MUST BE SENT TO THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN THE ORIGINALS OF ALL PHOTOGRAPHS, NEGATIVES, AND REPORTS AT THE TIME A REPORT PURSUANT TO SECTION 20-7-510 IS MADE, OR AS SOON AS POSSIBLE AFTER THE REPORT IS MADE.

Referred to Committee on Judiciary.

H. 3542 -- Reps. Limehouse, Cato, Tripp, Campsen, Trotter, Fleming, Harrison, Leach, Hamilton, Rhoad and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-200 SO AS TO REGULATE THE AUTHORITY AND REQUIREMENTS FOR THE NEGOTIATION, EXECUTION, AND SOLICITATION OF AND ENTRY INTO VIATICAL SETTLEMENT AGREEMENTS, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3543 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

CONCURRENT RESOLUTION

The following was introduced:

H. 3544 -- Reps. Davenport, Barfield, Seithel, Altman, Chellis, Meacham, Stoddard, Littlejohn, Lanford, Miller, Phillips, Cooper, Witherspoon, McCraw, Leach, Haskins, Riser, Limehouse and Battle: A CONCURRENT RESOLUTION MEMORIALIZING THE LEGISLATURE OF THE STATE OF NEW YORK TO PASS APPROPRIATE LEGISLATION TO REQUIRE THE REINSTATEMENT OF THE STATE FLAG OF GEORGIA IN ITS PROPER PLACE IN THE HALL OF FLAGS AT THE NEW YORK CAPITOL, OR, IN THE ALTERNATIVE, TO REMOVE ALSO THE STATE FLAG OF SOUTH CAROLINA FROM THE NEW YORK CAPITOL'S HALL OF FLAGS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Carnell                Cato                   Cave
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Gamble                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Howard
Inabinett              Keegan                 Kelley
Kennedy                Kinon                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Smith, R.
Spearman               Stille                 Stuart
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 26.

C. Alex Harvin III                Lynn Seithel
Eugene C. Stoddard                William K. Bowers
Bradley L. Jordan                 Timothy C. Wilkes
Steve P. Lanford                  Ronald P. Townsend
John G. Felder                    Douglas Jennings, Jr.
Ralph W. Canty                    Richard M. Quinn, Jr.
Jerry N. Govan, Jr.               Daniel L. Tripp
Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. BROWN a temporary leave of absence.

DOCTORS OF THE DAY

Announcement was made that Dr. William Hester and Dr. Adam Burrell, both of Florence, are the Doctors of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. LITTLEJOHN on behalf of the Spartanburg Delegation presented to the House a delegation of students, parents and officials from the S.C. School for the Deaf and Blind, recognizing the students for their outstanding accomplishments and performance.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3400, the General Appropriation Bill, be set for Special Order on Monday, March 3, 1997, immediately after the call of the third reading statewide contested Calendar and immediately after roll call every day thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the roll call and continue each day until final disposition, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3400, the General Appropriation Bill, the bills on the Calendar be printed by number only, which was agreed to.

SENT TO THE SENATE

The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3467 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3474 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL DEVELOPMENT OPPORTUNITIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1985, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3475 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3476 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1992, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3477 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1993, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FINANCIAL REPORTS AND STATEMENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1994, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING INVENTORIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO AUDITS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3482 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE DISBURSEMENT OF FUNDS FOR TRAINABLE AND MENTALLY HANDICAPPED STUDENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3299 -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".

Rep. CATO explained the Bill.

H. 3514 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER SESSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3515 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL COMPENSATION GUIDES AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3516 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADJUSTMENT IN INSTRUCTIONAL TIME FOR BASIC SKILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3517 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1988, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3518 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT AND SCHOOL SAFETY (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 1990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3519 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY DRILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3520 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STAFF PROTECTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3521 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FIRST AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 2030, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3523 -- Reps. Jennings, Boan, Sheheen, Neilson, H. Brown, Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A BILL TO AMEND CHAPTER 66, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FOLK HERITAGE AWARD, SO AS TO RENAME THIS AWARD THE "JEAN LANEY HARRIS FOLK HERITAGE AWARD".

H. 3525 -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP PEST COMMISSION UNTIL JUNE 30, 1998.

Rep. SHARPE explained the Joint Resolution.

S. 407 -- Senators Drummond, Courson, Giese, Moore, Hutto, Alexander, Anderson, Bryan, Cork, Courtney, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A JOINT RESOLUTION TO CREATE THE STROM THURMOND MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

H. 3342--DEBATE ADJOURNED

The following Bill was taken up.

H. 3342 -- Reps. Sandifer, Cotty, Fleming, Cato, Trotter, Cooper, Robinson, Rice, Barrett, Martin and Klauber: A BILL TO AMEND SECTION 33-19-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SHARES BY A PROFESSIONAL CORPORATION, SO AS TO ALLOW FOR ISSUANCE OF SHARES TO AN EMPLOYEE NOT LICENSED TO PRACTICE THE PROFESSIONAL SERVICES OF THE CORPORATION UNDER CERTAIN CONDITIONS.

Rep. SCOTT moved to adjourn debate upon the Bill until Tuesday, March 4.

Rep. SANDIFER moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate until Tuesday, March 4, which was agreed to.

H. 3502--REQUESTS FOR DEBATE AND OBJECTIONS

The following Bill was taken up.

H. 3502 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.

Rep. YOUNG explained the Bill.

Rep. SCOTT requested debate on the Bill.

Rep. YOUNG continued speaking.

Reps. EASTERDAY, ALLISON, R. SMITH, MASON, RODGERS, ALTMAN, MACK, BECK and MILLER requested debate on the Bill.

Reps. COBB-HUNTER and KENNEDY objected to the Bill.

H. 3512--COMMITTED

The following Joint Resolution was taken up.

H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL POSITIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND moved to commit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.

H. 3513--COMMITTED

The following Joint Resolution was taken up.

H. 3513 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND moved to commit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.

S. 361--POINT OF ORDER

The following Joint Resolution was taken up.

S. 361 -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.

Rep. TOWNSEND explained the Joint Resolution.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Joint Resolution 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.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3192 from the Committee on Ways and Means.

Rep. SIMRILL objected.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3101 -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.

MOTION PERIOD
H. 3503--RECALLED

Rep. HARRISON moved to recall the following Bill from the Committee on Judiciary, which was agreed to.

H. 3503 -- Reps. Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport: 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 REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.

Rep. HASKINS moved to dispense with the balance of the Motion Period, which was agreed to.

H. 3272--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.

Rep. CATO moved cloture on the entire matter.

Rep. D. SMITH moved to table the motion.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 46; Nays 70

Those who voted in the affirmative are:

Baxley                 Beck                   Bowers
Breeland               Brown, T.              Byrd
Campsen                Canty                  Cave
Clyburn                Cobb-Hunter            Cotty
Cromer                 Delleney               Fleming
Gourdine               Harrison               Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kinon                  Kirsh                  Lloyd
Mack                   Maddox                 Moody-Lawrence
Neal                   Neilson                Parks
Pinckney               Quinn                  Rice
Robinson               Scott                  Sheheen
Simrill                Smith, D.              Smith, F.
Stille                 Webb                   Whipper
Young

Total--46

Those who voted in the negative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Boan                   Brown, H.
Carnell                Cato                   Chellis
Cooper                 Dantzler               Davenport
Easterday              Edge                   Felder
Gamble                 Hamilton               Harrell
Harvin                 Haskins                Hinson
Jordan                 Keegan                 Kelley
Kennedy                Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
Meacham                Miller                 Mullen
Phillips               Rhoad                  Riser
Rodgers                Sandifer               Seithel
Sharpe                 Smith, R.              Spearman
Stoddard               Stuart                 Townsend
Trotter                Vaughn                 Walker
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--70

So, the House refused to table the motion.

The question then recurred to the motion to invoke cloture.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 69; Nays 47

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Bowers                 Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Dantzler
Davenport              Easterday              Edge
Felder                 Gamble                 Hamilton
Harrell                Harvin                 Haskins
Hinson                 Jordan                 Keegan
Kelley                 Kennedy                Koon
Lanford                Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Loftis                 Maddox
Martin                 McCraw                 McKay
McLeod                 McMahand               Meacham
Miller                 Mullen                 Phillips
Riser                  Rodgers                Sandifer
Seithel                Simrill                Smith, R.
Spearman               Stille                 Stuart
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--69

Those who voted in the negative are:

Altman                 Baxley                 Beck
Breeland               Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cotty
Cromer                 Delleney               Fleming
Gourdine               Harrison               Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kinon                  Kirsh                  Klauber
Knotts                 Lloyd                  Mack
Mason                  Moody-Lawrence         Neal
Neilson                Parks                  Pinckney
Quinn                  Rhoad                  Rice
Robinson               Scott                  Sheheen
Smith, D.              Smith, F.              Stoddard
Whipper                Young

Total--47

So, cloture was ordered.

Rep. CROMER moved to commit the Bill to the Committee on Judiciary.

Rep. CATO moved to table the motion.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 67; Nays 48

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Beck                   Boan                   Brown, H.
Campsen                Carnell                Cato
Chellis                Cotty                  Dantzler
Davenport              Edge                   Felder
Gamble                 Govan                  Hamilton
Harrell                Harvin                 Haskins
Hinson                 Jordan                 Keegan
Kelley                 Klauber                Koon
Lanford                Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Loftis                 Martin
Mason                  McCraw                 McKay
McLeod                 McMahand               Meacham
Miller                 Mullen                 Neilson
Phillips               Riser                  Robinson
Rodgers                Sandifer               Seithel
Simrill                Smith, R.              Spearman
Stille                 Stuart                 Trotter
Vaughn                 Walker                 Wilder
Wilkes                 Witherspoon            Woodrum
Young-Brickell

Total--67

Those who voted in the negative are:

Bauer                  Baxley                 Bowers
Breeland               Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cromer
Delleney               Easterday              Fleming
Gourdine               Harrison               Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Knotts                 Lloyd                  Mack
Moody-Lawrence         Neal                   Parks
Pinckney               Quinn                  Rhoad
Rice                   Scott                  Sharpe
Sheheen                Smith, D.              Smith, F.
Stoddard               Webb                   Whatley
Whipper                Wilkins                Young

Total--48

So, the motion to commit was tabled.

HOUSE STANDS AT EASE

The House stood at ease until the Joint Assembly.

Further proceedings were interrupted by the House standing at ease until the Joint Assembly, the pending question being consideration of amendments, cloture having been ordered.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 3272 General Subject Matter: Attorney Preference

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. JAMES EMERSON SMITH, JR.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 3272 General Subject Matter: Provisions for certain loans under the Consumer Credit Code

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. JOE McMASTER

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

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.

ADDRESS BY CHIEF JUSTICE ERNEST A. FINNEY, JR.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3353 -- 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 26, 1997.

Chief Justice Ernest A. Finney, Jr. and distinguished party were escorted to the rostrum by Senators Matthews, Holland, Courtney and Leventis and Representatives SHEHEEN, WHIPPER, D. SMITH and HASKINS.

The President of the Senate introduced Chief Justice Finney.

Chief Justice Finney addressed the Joint Assembly as follows:

"Thank you, ladies and gentlemen. Mr. President, Mr. Speaker, members of the General Assembly, members of the Judiciary of South Carolina, and honored guests: I want you to know from the very beginning that this is a difficult task to speak to the legislature on behalf of the 3 million odd citizens of the State of South Carolina and to outline for you the needs which we perceive the Judiciary of our State to have. It is even more formidable when you consider how my day began. First, we looked outside and it was raining. I got to the Supreme Court at eight o'clock and pushed the elevator to go up and it went down. Then, I said this day is off to a rugged start and I hope that our luncheon session will be a little easier than the rest of it. Let me tell you, ladies and gentlemen, that the State of the South Carolina Judiciary, like much of the state government, is transitory at the moment, but I can assure you that your Judiciary is on course for the destination charted by the Constitution of this State. On behalf of the Supreme Court and, indeed, on behalf of the entire Judiciary of our State, I wish to express to you our sincere and deep appreciation for the support we have received from the General Assembly in our collective efforts to maintain the constitutional direction we're headed in. As a result of your efforts and our efforts, your judicial system has been able to stay the constitutional course with plans to alleviate the conditions caused by overcrowded dockets, outdated facilities, obsolete equipment, and insufficient personnel. We have several items that I would like to discuss in general terms with you. First of all docket control - with regard to docket control we have taken a shotgun approach and on March 15, 1997, we will begin the second year of a two-year Alternative Dispute Resolution Pilot Project in Florence and Richland counties. If the evaluations conducted at the conclusion of this pilot show that court-ordered arbitration and mediation is feasible for South Carolina, we will structure a program for statewide implementation. On the criminal side some circuits are utilizing differentiated case management and settlement weeks. Dual docketing is also being discussed. Not every proposal has a practical application, but the chronic backlog of cases dictate that we must consider any proposition which we feel might be useful. Adequate physical facilities are a prerequisite to critically needed expansion and restructuring of some judicial branch programs. With your approval and under the auspices of the Budget and Control Board, I am pleased to report to you that portions of the Calhoun Building have been renovated to provide space for the Court of Appeals, for the Office of Disciplinary Counsel, and for administrative offices. Relocation in this project has been completed and, apparently, the improved work environment has boosted staff morale and productivity. Employment of the judges recently elected to the Court of Appeals has taken us to the next phase of our goal for an expedited, deliberative appellate process. To ensure orderliness and to maintain adequate checks and balances, the transfer of operations and accompanying personnel is being conducted in phases. Effective January 1st of this year, South Carolina's former grievance and disciplinary procedures for lawyers and judges has been replaced by a Commission on Lawyer Conduct and a Commission on Judicial Conduct, both under the supervision of the newly created Office of Disciplinary Counsel. I believe that this effort moves us into the forefront of lawyer and judge discipline in the nation. I tell you that the public has expressed support for these changes; and we are optimistic that the best interests of the citizens of this State, the Bench and the Bar will be served by the revised rules and with the staff we have in place. Our use of automated information systems has been limited. This is due to several factors. Number one, we were late with getting into the automation business. As recently as 1993, Former Chief Justice David W. Harwell expressed to the legislature his consternation with the fact that the Judicial Branch was still operating with pads and pencils. We have been hindered also in this aspect of our development by our inability to employ and retain sufficient skilled technicians due to budgetary constraints, particularly the fact that much of our funding in this area was on a non-recurring basis. But the automation we have acquired has helped us tremendously in the areas of speed and efficiency and, hopefully the help that we will acquire will provide us with an opportunity to provide the necessary data to meet the requirements of reporting which will be placed upon us by various entities of state and federal government. Now, ladies and gentlemen, pursuant to a review of our organizational structure, we have shifted personnel to achieve maximum efficiency. The six new circuit and family court judges who took office in 1996 were assigned to cases and counties with the heaviest backlog. As a result, I am pleased to report that in round figures that for 156,000 cases filed in circuit court in 1996, there were 152,000 dispositions. Last year 94,772 cases were filed in family court. The number disposed of was 99,007 - exactly 4,235 more than were filed. This was what you and I envisioned when I suggested to you last year and you granted last year, the additional judges to enable us to mount a two-pronged attack on docket overcrowding. First, our goal was and is to move the number of cases each year equal to the number filed during that year. Second, and at the same time, we want to reduce the backlog of cases accumulated during previous years. With this aspect we have not yet achieved success. As reflected by the statistics on case filings and dispositions from January 1 - December 31, 1996, the situation has improved. But these findings are incomplete because they do not factor in the cases that were left pending at the end of 1995. January 1, 1996, we began the year with 104,000 old cases on the circuit court calendars. By adding extra terms of court, reducing the time allowed for judges to participate in judicial educational seminars, curtailing vacation time for judges, and with the assistance of three new judges for approximately one-half of the year, we disposed of 152,000 cases; and yet there are approximately 108,000 cases pending in the circuit court dockets as of December 31, 1996. In family court, we began work in 1996 with 37,000 cases. With the addition of three new family court judges, who worked for approximately six months, we disposed of 4,000 more cases than were filed during the year; and at year's end, we still had 33,000 family court cases awaiting disposition. These numbers illustrate the crux of our problem. In part, our fiscal year 1997-98 budget request gives specifications for engineering a solution to that problem. We have requested six new judges (three family, three circuit); the question I am often asked is where shall they come from? My standard response is that that is a political decision left to the wisdom of the General Assembly. You provide us with the judicial manpower and you provide us with sufficient funds and we will put the judges where the cases are. We have additionally requested four court reporters. The need for these is hardly due to the fact that a number of our court reporters are developing carpal tunnel syndrome. We have asked for staff positions, equipment, and technology for the Division of Court Administration. Court Administration and the judicial system, like every other branch of government is required to give data to various entities. In order that we can give data that is accurate and up-to-date, it is absolutely essential that we have the technology to provide these entities with the information they request. We have requested a bailiff for the Court of Appeals and assistants for the Court of Appeals Staff Attorney's Office as we move into the three panels of the Court of Appeals. In addition to that through the leadership we have requested salary adjustments for the judiciary. Hopefully, the documentation which was furnished to the Ways and Means Committee and will be furnished to you upon your request, will justify approving the budget request which we have submitted to you. But, as in the past, we of the Judiciary stand ready to answer any questions you may have or to provide such additional information as you may desire. We will make ourselves available to talk with you individually or in conference. But I would ask that you indulge us to discuss with you at this time the sense of responsibility which we of the judicial branch feel. Article V of our Constitution provides that the Judicial Power of the State shall be vested in a Unified Judicial System. Broadly stated, this branch has authority to adjudicate all cases in law and equity arising under the laws of the State of South Carolina. Therefore, we are constitutionally mandated to adjudicate cases involving more that 30,000 square miles and more that three million citizens. In addition we are required to adjudicate cases involving some 108,000 business establishments which exist in the State of South Carolina. We must furnish judges and court reporters in each of the counties to meet this caseload. Every cause of action arising within our State that is litigated must be addressed by the 92 trial judges which we have. And whatever the number of these cases are appealed to the state's courts of last resort, must be addressed by the 14 appellate judges which we currently have. Let me tell you that this year I will celebrate 21 years as a member of the Judiciary of the State of South Carolina and under our system of rotation that 21 years means that I have probably spent close to ten years away from home rotating around the State serving the people of this State and I commend the Judiciary of this State for the services they have rendered and urge your consideration of their services and their sacrifices. According to a 1995 report by the National Center for State Courts, South Carolina Circuit Courts had approximately 3,800 cases filed per judge annually. These statistics reflect that South Carolina has approximately one judge for every 100,000 of its citizens. This does not factor in the fact that according to news reports and publicity from the Myrtle Beach Chamber of Commerce, ten million visitors went to Myrtle Beach alone. These are people who become involved in matters and must have their disputes resolved by our judicial system. The general sessions court dockets of certain circuits are beginning to show the effect of enhanced penalty legislation such as the two strikes/three strikes provisions. I predict that it is only a matter of time before dockets throughout the State will stagnate further as a result of decelerated disposition of cases which are subject to the stiffer penalties. For example, under the mandatory sentencing scheme for certain offenses, a defendant who might otherwise enter a guilty plea in a proceeding that would take an hour or less of court time may feel that he has nothing to gain by pleading guilty and will go to trial. Disposing of that same case by trial could consume several days of court time. Likewise, enhanced sentencing considerations such as the increased amount of documentation which judges are required to make on site and expanded victim participation in sentencing proceedings will in all likelihood slow the disposition rate of cases. Family court statistics are even more foreboding; and the numbers, standing alone, do not truly reflect the caseload or time and effort expended by family court judges. Due to the nature of domestic and juvenile actions, cases involving divorce, property settlements, child custody disputes or support matters may be in and out of family court for years; and likewise, matters of abuse and neglect. Under the initially assigned docket number, any action may come before the court on numerous occasions on different aspects of the same case. Therefore, general caseload statistics do not reflect exactly the amount of time devoted to a particular case or the number of controversies actually heard by your judiciary. This brings us to the human side of the judiciary. Despite sentencing parameters - which allow judges to tailor sentences - and sentencing guidelines - which aim for a degree of uniformity - judges are still required to possess the proverbial Patience of Job and the Wisdom of Solomon. Three years of law school, passage of the bar examination, and a special course designed to bridge the gap between academia and practical experience fulfills the requirement to practice law in South Carolina. But an effective jurist needs far more than these qualifications. At a minimum, judges need training in psychology in order to render insightful judgments; experience in human resources management to successfully interact with the hundreds of different people; an understanding of public administration to effectively converse with the numerous other professionals and agencies; and a degree in business administration to ethically and efficiently manage his or her operation. In recognition of the growing complexity of litigation filed in our State and the increased sophistication of our society, you of the legislature have promulgated more stringent requirements for judicial candidates, who must now be thirty-two years of age, and who must have been a licensed attorney for at least eight years. After election, new judges must complete a formal orientation course to ease their transition from lawyer to judge. Judges are also required to periodically update their professional training by enrolling in judicial continuing legal education seminars. The profession of a jurist is a prestigious calling. But judges give up personal independence and forfeit the opportunity to earn financial remuneration at a level which is common to the legal profession. Our Constitution provides that judges shall be assigned to the circuits of the State on a rotating basis. It is my humble opinion that the rotation of judges is one of the great strengths of our judicial system. As I told you a moment ago, South Carolina's Court Docket averaged out to 3,800 cases per judge - the highest in the nation. These are some of the major reasons why our budget proposal for fiscal year 1997-98 includes a request for an increase in judicial compensation. During the past ten years the number and complexity of cases have increased dramatically. The workload of state judges has expanded far beyond the responsibilities envisioned when the current salary structure was instituted. Our judges are desperately in need of incentives. When I took office at the end of 1994, I solicited their support and cooperation in fending off the docket crisis that was developing within our court system. They responded with uncommon commitment and dedication. On many occasions when I had to deny their requests for leave because we had scheduled extra terms of court, members of the judiciary exhibited remarkable grace, restraint and professionalism. Judges are indispensable cogs in the wheels of justice and indispensable cogs in the maintenance of our democracy. As in business and the other professions, it is essential that compensation for these public servants be commensurate with their training, experience, responsibility, and the quality of service expected of men and women who, daily, must make far-reaching, life-altering decisions. A 1991 study conducted by the National Center for State Courts used the salary of Supreme Court Justice as the base for computations. According to that study, salaries for the South Carolina Supreme Court Justice in 1985 ranked ninth among the fifty states. By 1995, South Carolina's ranking had dropped nineteen points - to twenty-seventh among the fifty states. This is my third occasion to have an opportunity to speak with the legislature of this State and it is the first occasion when I have had to address the problems of judicial salaries. We have taken other things on as being first priority, but today I feel compelled to let you know that judicial compensation is a matter to which you should give serious consideration. Last year the legislature attempted to narrow the gap between salaries for circuit and family court judges by authorizing, prospectively, an increase for family court judges and for judges of the court of appeals. In order to reestablish a reasonable alignment of all judicial salaries within our unified court system, we have proposed adjusting judicial salaries by 7.8%, for which the cost is estimated at $1,413,236, and which would bring judicial salaries in South Carolina almost up to the southeastern average. I say almost because in many states in our region judges' salaries are not only based upon the position they hold but the number of years that they have held that position. That provides for some fluctuation. The judicial branch fiscal year 1997-98 budgetary request is for $4,123,199. Although this branch is one of the three constitutionally designated branches of state government and is responsible for discharging the judicial powers for the entire State, our total budget share is 0.77 - or a little over 3/4 of 1% - of total state spending. Historically, the judicial branch has practiced fiscal austerity, and we pledge to continue the same conservative trend. But escalating crime in an otherwise highly litigious society have exposed deficiencies which our budget proposal is intended to address. A branch personnel review found that non-judicial employees were not being compensated at a level commensurate with personnel performing similar functions in other branches of state government and that there was a need for restructuring the system of compensation. The review also indicated that the employee retention rate was at an unacceptable level. I credit your previous support with our ability to 'hold the line' in these problem areas. But as noted by Mother Teresa, the highly acclaimed missionary: 'to keep the lamp burning, we must keep putting oil in it.' With your support, we will keep the lamp of our judicial branch burning... we will keep the lamp burning for litigants, whose lives languish in the darkness of uncertainty - because they are unable to get their day in court; we will keep the lamp burning for families who cry out for expedited decisions - so that they can begin the process of healing; and with your commitment, we are determined to keep the lamp burning for wayward youngsters to find their way back home. It is your duty as elected representatives of the people, public servants, and state leaders to anticipate future needs and provide the means to protect and promote the best interests of our constituents. As such, you and I share a common goal which, in my opinion, can best be reached by working together. The Constitution assigns each branch of government a separate and distinct function. But the collective mission of the three is to provide the best system of government possible within the available resources. I recognize that the financial resources of the State are finite, and that, as in the judicial branch, there are critical needs throughout state government. We have presented our request for necessary funding and also asked that recurring expenses be appropriated on a recurring basis. But I would emphasize to you that the judicial branch is not in competition for funding with any other branch of state government. To relate us to the other branches of state government and their personnel is to be mixing apples and oranges. I feel very strongly that the success of one branch enhances the success of the others and, ultimately, the success of our State. For example, if there is effective collaboration among educational institutions, correctional facilities and social service agencies, I believe our court dockets would dwindle. Therefore, I believe it is essential that we use our ingenuity to find appropriate and adequate resources for each branch of state government to fulfill its mission in a manner that is true to its constitutional mandates and responsive to the dictates of the South Carolina constituency. On cooperating for mutual benefit, Booker T. Washington, educator and author, expressed the view that 'in all things that are purely social, we can be as separate as the fingers, yet one as the hand in all things essential to mutual progress.' I believe very strongly that in the discharge of our respective duties and in the exercise of our diverse authority, each branch of government can be as separate as the fingers on a hand, and yet in all things essential to mutual progress, we can - and must - be as compactly unified as the hand itself. As the sole funding source for the judicial branch, you, individually and collectively, as members of this General Assembly, hold in your hands the fate of the South Carolina Judicial System. It is an awesome responsibility, but the citizens by whom you were elected and the oath upon which you swore, anticipate that you are worthy of this undertaking. But as for me and the members of your Judiciary, we have committed to stand at the helm of the ship of the justice, and we will not abandon our post. My belief in the American System of Justice is resolute and with your help, this branch of government will stay on course with the Constitution. Our system of justice has survived the storms of adversity for more than 200 years. Surely, she shall not be ripped apart by the turbulence of the times in which we live. Whether the Lady Justice is delivered intact with the Ship of State providing escort or whether, for lack of support, Justice will drift to shore on broken pieces is in your hands. But I assure you, ladies and gentlemen, that justice shall prevail in the State of South Carolina. However, the manner in which justice is delivered to the citizens and litigants whom we are sworn to serve now rests in your worthy hands. I thank you for an opportunity to share with you a handout that will be on each of your desks. It will give budget department requests and where we stand with those requests. It also has at the bottom thereof an indication that I will be available, as will other members of the court, from time to time to answer your collective or individual questions so that we might together build the kind of South Carolina which we all want to live in. Thank you very kindly."

Upon the conclusion of his address, Chief Justice Finney and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

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.

THE HOUSE RESUMES

At 12:35 P.M. the House resumed, the SPEAKER in the Chair.

Rep. H. BROWN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 12:36 P.M. the House in accordance with the motion of Rep. LIMEHOUSE adjourned in memory of Charles E. Dake of Charleston, to meet at 10:00 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 10:38 A.M.