Senate Journal for Feb. 6, 2002 - South Carolina Legislature Online
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.