WEDNESDAY, FEBRUARY 6, 2002

Wednesday, February 6, 2002

(Statewide Session)

Indicates Matter Stricken

Indicates New Matter

The Senate assembled at 11:45 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, remember that the Hebrew language is a picture language. Hear words from Psalm 114:7:

“Tremble, O earth, at the PRESENCE of the Lord, at the PRESENCE of the God of Jacob, who turns the rock into a pool of water, the flint into a spring of water.”

Let us pray.

O God of wonder: the Jewish mind could not conceive You in ancient days! Neither can we modern mortals! What a pity!

Remove from us the cloud that veils the BEATIFIC VISION. We think it would make our decision-making a little easier!

Sometimes we feel, Father, especially in an election year, that virtue is devalued and character is debunked.

In mercy’s name, accept us, and forgive us, where we are, and move us to where we ought to be!

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator MARTIN introduced Dr. Chip Walpole of Piedmont, S.C., Doctor of the Day.

RECESS

At 11:55 A.M., on motion of Senator LEVENTIS, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY

Judicial Elections

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:

S. 876 -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 6, 2002, AS THE TIME TO ELECT SUCCESSORS TO CERTAIN SEATS ON THE SOUTH CAROLINA SUPREME COURT, COURT OF APPEALS, CIRCUIT, AND FAMILY COURTS. (ABBREVIATED TITLE)

Election to the Position of Justice

S. C. Supreme Court, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to the position of Justice, S. C. Supreme Court, Seat #4.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. John H. Waller, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. John H. Waller, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John H. Waller, Jr. had been elected to the position of Justice, S. C. Supreme Court, Seat #4 for the term prescribed by law.

Election to the Position of Judge

Court of Appeals, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #7.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. H. Samuel Stilwell had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. H. Samuel Stilwell in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. Samuel Stilwell had been elected to the position of Judge, Court of Appeals, Seat #7 for the term prescribed by law.

Election to the Position of Judge

Circuit Court, At-Large, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #7.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Leroy Ellis Davis, Mr. J. Cordell Maddox, Jr. and the Hon. Michael F. Mullinax had been screened and found qualified to serve.

On motion of Representative Delleney, the names of Mr. Leroy Ellis Davis and the Hon. Michael F. Mullinax were withdrawn from consideration.

Representative Delleney placed the name of Mr. J. Cordell Maddox, Jr. in nomination and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Cordell Maddox, Jr. was elected to the position of Judge, Circuit Court, At-Large, Seat #7 for the term prescribed by law.

Election to the Position of Judge

Circuit Court, At-Large, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #11.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. Alison Renee Lee had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. Alison Renee Lee in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Alison Renee Lee had been elected to the position of Judge, Circuit Court, At-Large, Seat #11 for the term prescribed by law.

Election to the Position of Judge

Circuit Court, At-Large, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #12.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. James E. Brogdon, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. James E. Brogdon in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James E. Brogdon, Jr. had been elected to the position of Judge, Circuit Court, At-Large, Seat #12 for the term prescribed by law.

Election to the Position of Judge

Circuit Court, At-Large, Seat #13

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #13.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. John L. Breeden, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. John L. Breeden in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John L. Breeden had been elected to the position of Judge, Circuit Court, At-Large, Seat #13 for the term prescribed by law.

Election to the Position of Judge

Family Court, 3rd Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 3rd Judicial Circuit, Seat #1.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Gordon B. Jenkinson and the Hon. George M. McFaddin, Jr. had been screened and found qualified to serve.

Representative Delleney placed the names of Mr. Gordon B. Jenkinson and the Hon. George M. McFaddin, Jr. in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Jenkinson:

AlexanderAndersonBranton

ElliottGieseGlover

GroomsHayesHutto

KuhnLandLeatherman

MartinMcConnellMcGill

MescherO'DellRankin

RavenelReeseRitchie

SetzlerShortSmith, J. Verne

ThomasWaldrep

Total--26

The following named Senators voted for Judge McFaddin:

BauerCoursonDrummond

FairFordGregory

HawkinsJacksonLeventis

MatthewsMoorePatterson

PeelerPinckneyRichardson

RybergVerdin

Total--17

On motion of Representative Townsend, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Jenkinson:

AltmanAskinsBales

BattleBreelandCarnell

CatoChellisClyburn

DantzlerDelleneyGourdine

GovanHamiltonHarvin

HaskinsHayesKennedy

KoonLawLimehouse

MackMartinMcCraw

McLeodMillerOtt

ParksPhillipsRhoad

ScarboroughScottSmith, J.E.

Smith, J.R.SnowTownsend

TrotterWebbWhipper

WilderWitherspoon

Total--41

The following named Representatives voted for Judge McFaddin:

AllisonBarfieldBarrett

BinghamBowersBrown, G.

Brown, J.Brown, R.Campsen

CoatesCobb-HunterColeman

CooperCottyEasterday

EmoryFlemingFreeman

FryeHarrellHarrison

Hines, J.Hines, M.Hinson

HoseyHowardHuggins

KeeganKelleyKirsh

KlauberKnottsLeach

LeeLloydLoftis

LourieLucasMcGee

MerrillMoody-LawrenceNeal, J.H.

Neal, J.M.NeilsonOwens

PerryQuinnRice

RiserRobinsonRodgers

RutherfordSandiferSharpe

SheheenSimrillSinclair

Smith, D.C.Smith, F.N.Smith, G.M.

StilleStuartTalley

TaylorThompsonTripp

VaughnWalkerWeeks

WhatleyWhiteWilkins

Young, A.Young, J.

Total--74

RECAPITULATION

Total number of Senators voting43

Total number of Representatives voting115

Grand Total158

Necessary to a choice80

Of which Mr. Jenkinson received67

Of which Judge McFaddin received 91

Whereupon, the PRESIDENT announced that the Honorable George M. McFaddin, Jr. was elected to the position of Judge, Family Court, 3rd Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of Judge

Family Court, 4th Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 4th Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. James A. Spruill III had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. James A. Spruill III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James A. Spruill III had been elected to the position of Judge, Family Court, 4th Judicial Circuit, Seat #3 for the term prescribed by law.

Election to the Position of Judge

Family Court, 6th Judicial Circuit, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 6th Judicial Circuit, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. Walter B. Brown, Jr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. Walter B. Brown, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Walter B. Brown, Jr. had been elected to the position of Judge, Family Court, 6th Judicial Circuit, Seat #2 for the term prescribed by law.

Election to the Position of Judge

Family Court, 9th Judicial Circuit, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 9th Judicial Circuit, Seat #5.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Jocelyn B. Cate, Mr. Ben Mack and Ms. Rita J. Roache had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Mr. Ben Mack was withdrawn from consideration.

Representative Delleney placed the names of Ms. Jocelyn B. Cate and Ms. Rita J. Roache in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Cate:

AlexanderBauerBranton

CoursonDrummondFair

GieseGregoryGrooms

HawkinsHayesKuhn

LeathermanMartinMcConnell

MescherO'DellRichardson

RitchieRybergSetzler

ThomasVerdinWaldrep

Total--24

The following named Senators voted for Ms. Roache:

AndersonFordGlover

HuttoJacksonLand

LeventisMatthewsMoore

PattersonPeelerPinckney

RankinRavenelReese

ShortSmith, J. Verne

Total--17

On motion of Representative Townsend, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Cate:

AllisonAltmanBarfield

BarrettBinghamCampsen

CatoChellisCoates

CooperCottyDantzler

EasterdayEdgeFleming

FryeHamiltonHarrell

HarrisonHaskinsHinson

HugginsKeeganKlauber

KoonLawLeach

LimehouseLittlejohnLoftis

MartinMcGeeMeacham-Richardson

MerrillOwensPerry

QuinnRiceRiser

RobinsonRodgersSandifer

ScarboroughSharpeSimrill

SinclairSmith, D.C.Smith, G.M.

Smith, J.R.StilleTalley

TaylorThompsonTownsend

TrippTrotterVaughn

WalkerWebbWhatley

WhiteWilkinsYoung, A.

Young, J.

Total--64

The following named Representatives voted for Ms. Roache:

BalesBattleBowers

BreelandBrown, G.Brown, J.

Brown, R.CarnellClyburn

Cobb-HunterColemanDavenport

DelleneyEmoryFreeman

GourdineGovanHarvin

HayesHines, J.Hines, M.

HowardKelleyKirsh

KnottsLeeLloyd

LourieLucasMack

McCrawMcLeodMiller

Moody-LawrenceNeal, J.H.Neal, J.M.

NeilsonOttParks

PhillipsRhoadRutherford

ScottSheheenSmith, F.N.

Smith, J.E.StuartWeeks

WhipperWilderWitherspoon

Total--51

RECAPITULATION

Total number of Senators voting 41

Total number of Representatives voting 115

Grand Total156

Necessary to a choice 79

Of which Ms. Cate received 88

Of which Ms. Roache received 68

Whereupon, the PRESIDENT announced that the Honorable Jocelyn B. Cate was elected to the position of Judge, Family Court, 9th Judicial Circuit, Seat #5 for the term prescribed by law.

Election to the Position of Judge

Family Court, 13th Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 13th Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. W. Wallace Culp III, Ms. Mary Alice H. Godfrey and Ms. Aphrodite K. Konduros had been screened and found qualified to serve.

On motion of Representative Delleney, the names of Mr. W. Wallace Culp III and Ms. Mary Alice H. Godfrey were withdrawn from consideration.

Representative Delleney placed the name of Ms. Aphrodite K. Konduros in nomination and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Aphrodite K. Konduros was elected to the position of Judge, Family Court, 13th Judicial Circuit, Seat #3 for the term prescribed by law.

Election to the Position of Judge

Family Court, 13th Judicial Circuit, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 13th Judicial Circuit, Seat #5.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. Robert N. Jenkins, Sr. had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. Robert N. Jenkins, Sr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert N. Jenkins, Sr. had been elected to the position of Judge, Family Court, 13th Judicial Circuit, Seat #5 for the term prescribed by law.

Election to the Position of Judge

Family Court, 15th Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 15th Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. Haskell T. Abbott III had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. Haskell T. Abbott III in nomination and moved that the nominations be closed.

Senator McCONNELL was recognized and addressed the members of the Joint Assembly.

Senator RITCHIE was recognized and addressed the members of the Joint Assembly.

Senator RANKIN was recognized and spoke in favor of the nomination.

The question before the body was whether to elect the Hon. Haskell T. Abbott III to the position of Judge, Family Court, 15th Judicial Circuit, Seat #3.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted in the affirmative:

AndersonDrummondHayes

HuttoJacksonKuhn

LandLeventisMatthews

MoorePattersonPinckney

RankinShortWaldrep

Total--15

The following named Senators voted in the negative:

AlexanderBrantonCourson

FairGieseGlover

GroomsLeathermanMartin

McConnellMescherPeeler

RavenelReeseRichardson

RitchieRybergSmith, J. Verne

Verdin

Total--19

On motion of Representative Townsend, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted in the affirmative:

BarfieldBattleBrown, G.

ClyburnCoatesColeman

DelleneyEasterdayEdge

FlemingHarrisonHarvin

Hines, M.KeeganKelley

KoonLucasMcCraw

McGeeMcLeodOtt

RhoadRiserRutherford

SandiferSharpeSheheen

Smith, F.N.Smith, G.M.Smith, J.E.

SnowTaylorTrotter

WeeksWhatleyWhipper

WilkinsWitherspoonYoung, J.

Total--39

The following named Representatives voted in the negative:

AllisonAltmanBales

BarrettBinghamBreeland

Brown, J.CarnellCato

ChellisCottyDantzler

DavenportEmoryGovan

HamiltonHarrellHaskins

HayesHinsonHosey

HowardKirshKlauber

KnottsLawLeach

LimehouseLittlejohnLoftis

LourieMartinMeacham-Richardson

MerrillNeal, J.H.Neilson

OwensPerryPhillips

QuinnRiceRodgers

ScarboroughSimrillSmith, D.C.

Smith, J.R.StilleStuart

TalleyThompsonTownsend

TrippVaughnWalker

WebbWhiteWilder

Total--57

RECAPITULATION

Total number of Senators voting 34

Total number of Representatives voting 96

Grand Total130

Ayes 54

Nays 76

Not having received the requisite number of votes, the PRESIDENT announced that the Honorable Haskell T. Abbott III had not been elected to the position of Judge, Family Court, 15th Judicial Circuit, Seat #3.

Statement by Senator MOORE

I serve as a member of the Judicial Merit Selection Commission. In conducting our hearings, the commission made a full inquiry into this matter. It was my considered opinion that the problems of the Patel case were ones derivative of our current ineffective system of regulating Guardians ad Litem rather than any problems with the nominee.

Election to the Administrative Law

Judge Division, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the Administrative Law Judge Division, Seat #2.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. C. Dukes Scott had been screened and found qualified to serve.

Representative Delleney placed the name of the Hon. C. Dukes Scott in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable C. Dukes Scott had been elected to the Administrative Law Judge Division, Seat #2 for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the ACTING PRESIDENT, Senator COURSON.

At 1:20 P.M., the Senate resumed.

CO-SPONSOR REMOVED

S.930 -- Senators Ryberg, Bauer, Branton, Fair, Hawkins, Hayes, Leatherman, Martin, McConnell, Peeler, Ritchie, Thomas, Verdin and Waldrep: A BILL TO AMEND CHAPTER 20, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, SO AS TO RENAME CHAPTER 20, TITLE 23 “LAW ENFORCEMENT COOPERATION, ASSISTANCE, AND MUTUAL SUPPORT”; TO DESIGNATE SECTIONS 232010 THROUGH 232060 AS ARTICLE 1 OF CHAPTER 20, TITLE 23, ENTITLED “THE LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT” AND AMEND SECTIONS 232010 THROUGH 232060 TO CONFORM BY STRIKING “CHAPTER” AND INSERTING “ARTICLE” AS APPROPRIATE; AND TO FURTHER AMEND CHAPTER 20, TITLE 23, BY ADDING ARTICLE 3 SO AS TO ENACT “THE ILLEGAL ALIEN ENFORCEMENT ACT” AND PROVIDE THAT, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICIALS IN THIS STATE, AND ANY OTHER PERSON HAVING THE POWER OF ARREST IN THIS STATE, ARE AUTHORIZED TO ARREST AND DETAIN AN INDIVIDUAL FOR A CRIMINAL VIOLATION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT AND ANY FEDERAL LAW RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES; TO PROVIDE CERTAIN LIMITATIONS ON THE EXERCISE OF THE AUTHORITY TO ARREST AND DETAIN CERTAIN ILLEGAL ALIENS GRANTED BY THIS ARTICLE; AND TO PROVIDE THAT THIS ARTICLE MUST BE CONSTRUED CONSISTENT WITH THE PURPOSE OF AUTHORIZING THE ARREST AND DETENTION OF CERTAIN ALIENS ILLEGALLY PRESENT IN THE UNITED STATES INCIDENT TO ENFORCEMENT OF THE FEDERAL IMMIGRATION AND NATURALIZATION ACT AND FEDERAL LAWS RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES.