Indicates Stricken Matter
Indicates New Matter

The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

We thank You, Heavenly Father, for this new week with its work to do. When we get in too much of a hurry, give us patience. When we are swift to judge, grant us wisdom. When we are faced with the opportunity to do good, guide us in Your ways. Enable us to forgive even as we have been forgiven by our loving God. Help us to treat others as we would have them to treat us. Enable us to feel Your presence even when we are tempted to wonder if You have abandoned us. Thank You, Lord, for the privilege of prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

The SPEAKER appointed Reps. EASTERDAY, SCOTT, TRIPP and YOUNG-BRICKELL to escort the SPEAKER PRO TEMPORE to the podium.
The SPEAKER administered the oath of office to the SPEAKER PRO TEMPORE TERRY E. HASKINS. The SPEAKER PRO TEMPORE then addressed the House as follows:

" First of all, let me thank you for again giving me the honor of serving you as Speaker Pro Tempore. It is an honor that I don't take lightly. I greatly appreciate your confidence. Mr. Speaker, ladies and gentlemen, I want to thank my family for being here. I also want to mention that my mother and father, Ed and Dorothy Haskins are in the gallery. Please stand and be welcomed by the House. As I look around our newly renovated Chamber, I am reminded of the great legacy that has gone before us in this Body. Standing in the newly refurbished

Rep. D. SMITH moved that when the House adjourns, it adjourn in memory of Mrs. Virginia Carter Walker of Spartanburg, which was agreed to.

The following was received.

TO:   The Clerk of the Senate
The Clerk of the House

FROM:   F.G. Delleney, Jr., Chairman
Judicial Merit Selection Commission

DATE:     January 19, 1999

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,

Representative F.G. Delleney, Jr., Chairman
Senator Glenn F. McConnell, Vice-Chairman
Representative Ralph W. Canty
Richard S. Fisher, Esquire
Dr. Harry M. Lightsey, Jr.
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator Edward E. Saleeby
Judge Curtis G. Shaw
Representative William Douglas Smith

Date Draft Report Issued: Tuesday, January 19, 1999
Date and Time Final Report Issued: 10:00 a.m.,Thursday,
January 1, 1999

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission is operating under its new law which went into effect July 1, 1997, and which has dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. Furthermore, the Commission is required to submit no more than three names for any particular judicial race; therefore, for four races the Commission was required to pare the number of candidates presented for consideration by the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.
The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started previously. The Commission has asked Family Court candidates their views on issues peculiar to service on that particular court. These questions were posed in an effort to provide the members of the General Assembly more information about candidates and their thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.
In assessing each candidate's performance on the practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or the "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.
The Commission has also used the Citizens Advisory Committees on Judicial Qualifications as an adjunct of the Commission. The Commission was concerned that since the decisions of our judiciary play such an important role in people's personal and professional lives, all South Carolinians should have a voice in the selection of the state's judges. It was this desire for broad-based

Commission's Findings:   QUALIFIED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Allen meets the qualifications prescribed by law for judicial service on the Circuit Court.
Mr. Allen was born on November 9, 1956. He is 42 years old and a resident of Greenville, South Carolina. Mr. Allen

year
(b) State:   3 to 5 times per month average
Mr. Allen reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
(a) Civil:   100%
The Commission asked Mr. Allen specifically about his experience with criminal matters. In response, Mr. Allen noted that his academic record would indicate his diligence and ability to learn. The Commission is not concerned with his lack of experience in this area.
Mr. Allen reported the percentage of his practice in trial court during the last five years as follows:
(a) Jury:   He believes he has had one case that has gone to a jury.

5% or less goes to bench trial.
Mr. Allen provided that he most often served as sole counsel in these matters.
The following is Mr. Allen's account of his five most significant litigated matters:
"(a)   Syro Steel Company v. Eagle Construction Co., Inc., 319 S.C. 180,

460 S.E.2d 371 (1995). This case involved a bond claim under the South Carolina "little Miller Act". The case was significant in that the Court held that the supplier is not required to deliver the materials to the project site in order to recover on the payment bond;
(b)   PH Associates v. Sam Wyche Sports World, Inc., et al., Judgment Roll 93-3936, Greenville County. I was involved in supplemental proceedings against individual judgment defendants. The case is significant in that the Court denied an exemption claimed by the individual defendants in their IRA accounts, and held that the judgment creditor could reach those accounts in supplemental proceedings;
(c)   Sullivan Co., Inc. v. New Swirl, Inc., C.A. No. 90-CP-23-769. This case involved an action for collection of insurance premiums advanced by Sullivan Co., Inc. for the benefit of the defendant. I worked on this case with Ray R. Williams, Jr., however, I argued the motion for summary judgment before the trial court. The case was significant in that the trial Court held that the plaintiff insurance broker had no duty to obtain insurance at the lowest possible rate for the defendant, and granted summary judgment in the matter. The trial Court's decision was affirmed on appeal (Sullivan Co., Inc. v. New Swirl, Inc., 313 S.C. 34, 437 S.E.2d 30 (1993)), however, I did not argue the appeal, although I assisted Ray Williams on the appeal;
(d)   J.A. Piper Roofing, Inc. v. Prime Sirloin-Greenville, Inc., et al., C.A. No. 96-CP-23-2010. This case involved the foreclosure of mechanics liens. I represented a defendant, who was also a lien holder, and cross-claimed and counter-claimed for foreclosure of our mechanics lien. The case was significant in that the defendant, after the filing of the mechanics liens, paid substantial monies to non-filed and non-perfected suppliers and subs. The defendant initially took the

Mr. Allen is married to Marika G. Allen. He has two children: Marika G. Bartlett, stepdaughter (housewife, 26); Trey H. Allen (age 5).

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Brown meets the qualifications prescribed by law for judicial service on the Family Court.

(a) Federal:     0

(b) State:     5-10 times or more per year
(c) Other:   average one or more times per week in Family, Probate, Magistrate, and City Courts
Judge Brown reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
(a) Civil:   approximately 75%, including probate, real estate, corporate, and tort
(b) Criminal:     approximately 3% or less
(c) Domestic:   approximately 22%
Judge Brown reported the percentage of his practice in trial court during the last five years as follows:
(a) Jury:     10%
(b) Non-jury:     90%
Judge Brown reported that he most often served as sole counsel in these matters.
The following is Judge Brown's account of his five most significant litigated matters:
"(a)   Davis v. United Cities Gas Company (88-CP-11-159). Defended Gas Company against landowners who claimed company was negligent in causing gas hot water heater explosion and fire damages to their residences. The case resulted in a jury verdict for the Defendant and was difficult because of the obvious sympathy for the landowners' losses and because of technical considerations required in defending the company;
(b)   Gaffney Properties as an affiliate of Boyd Management v. Lee S. Harmon, Cherokee County Assessor (November 1995). This case involved an appeal from the local Tax Appeal Board to the Administrative Law Judge and was an attack on methods the County used

(d)   Powell v. Parris, 97-CP-11-394, Court of Appeals (Estate issues) (Initial Brief on behalf of Respondent Powell has been submitted and awaiting Record on Appeal for Final Brief);
(e)   Broad River Electric Cooperative, Inc. v. Hyatt, 95-CP-11-172, (Right-of-way issues)(Initial Brief for Respondent, BREC and Initial Brief on Cross-Appeal have been filed; presently awaiting Record on Appeal for Final Briefs).

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Carpenter meets the qualifications prescribed by law for judicial service on the Circuit Court.
Mr. Carpenter was born on January 31, 1959. He is 39 years old and a resident of Greenville, South Carolina. Mr. Carpenter provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Carpenter.
Mr. Carpenter demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Carpenter reported that he has made no campaign expenditures.
Mr. Carpenter testified he has not:
(a)   sought or received the pledge of any legislator prior to the screening;
(b)   sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c)   asked third persons to contact members of the General Assembly prior to screening.

(b) State:   5-10 times a year

(c) Other:     Probate Court approximately 1-2 times a year
Mr. Carpenter reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a) Civil:     100%
(b) Criminal:   0%
(c) Domestic:   0%
Because Mr. Carpenter provided that his current practice is 100% civil, the Commission requested a letter from him regarding any previous criminal experience. Mr. Carpenter provided in this letter that he obtained valuable criminal experience as a law clerk to a United States District Judge. He assisted the judge with numerous criminal trials. Mr. Carpenter also attended the U.S. Department of Justice Criminal Trial Advocacy School and the Advanced Criminal Trial Advocacy School. Mr. Carpenter provided he prosecuted misdemeanor cases for the United States. In addition, in private practice, Mr. Carpenter has represented criminal defendants charged with felonies, drug offenses, bad check offenses, and misdemeanors. Finally, Mr. Carpenter represented the United States in civil matters which are closely related to the criminal justice system, such as the foreclosure of assets which were the fruits of crimes involving illegal drugs.
Mr. Carpenter reported the percentage of his practice in trial court during the last five years as follows:
(a) Jury:   40%
(b) Non-jury:   60% Most of them settle.
Mr. Carpenter reported that he most often served as sole or chief counsel in these matters.
The following is Mr. Carpenter's account of his five most significant litigated matters:
"(a)   Hendrix v. Eastern Distribution, 316 S.C. 43, 446 S.E.2d 440 (1994) (on brief). This case is one of the

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Connor meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Connor was born on January 23, 1950. She is 48 years old and a resident of Columbia, South Carolina. Judge Connor provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1977.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Connor.
Judge Connor demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Connor reported that she has made no campaign expenditures.
Judge Connor testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Connor testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:

(h)   Access to Justice Commission.
Judge Connor provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
(a)   Community Advisory Board, The Nurturing Center;
(b)   Participant in the USC Judicial Internship Clinic for law students;
(c)   Formerly served on the Council on Child Abuse & Neglect;
(d)   Washington Street United Methodist Church;
(e) Superintendent's Parents' Advisory Committee, Richland District II Schools. (f)

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Culbertson meets the qualifications prescribed by law for judicial service on the Circuit Court.
Judge Culbertson was born on February 24, 1959. He is 39 years old and a resident of Georgetown, South Carolina. Judge Culbertson provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Culbertson.
Judge Culbertson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Culbertson reported that he has made no campaign expenditures.

1993-This Was The Year

That Was     12/10/93   SC Bar     6.5
Criminal Practice in
South Carolina     11/12/93   SC Bar     6.5

Judge Culbertson reported that he has not taught any law-related courses or lectured.
Judge Culbertson reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Culbertson did not reveal any evidence of founded complaints or grievances. The Commission's investigation did not reveal any criminal allegations made against him. The Commission's investigation of Judge Culbertson did not indicate any evidence of a troubled financial status. Judge Culbertson has handled his financial affairs responsibly.
The Commission also noted that Judge Culbertson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Culbertson reported that his Martindale-Hubbell rating was "BV."
Judge Culbertson reported that he has previously served as Chairman of the Georgetown Municipal Election Commission from 1994 to 1996. He was appointed to that position by the Georgetown City Council.
(6)   Physical Health:
Judge Culbertson appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:

- Executive Committee (1996-present);
(f) Winyah Indigo Society (g)

- Head Senior Steward (1994-1996).
Judge Culbertson provided "I am qualified for the seat of circuit court judge. I have held judicial seats since I started practicing law. I have experience as a judge in criminal cases

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Evans meets the qualifications prescribed by law for judicial service on the Circuit Court.
Mr. Evans was born on January 30, 1950. He is 48 years old and a resident of Columbia, South Carolina. Mr. Evans provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1974.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Evans.
Mr. Evans demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Evans reported that he has spent less than $10.00 on stamps, less than $10.00 on telephone calls, and $34.00 on copies.
Mr. Evans testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Evans testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Mr. Evans to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

(b) State:     20-30 per year
(c) Other:     Administrative tribunals, 10-20 per year
Mr. Evans reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
(a) Civil:     75%
(b) Criminal:     less than 5%
(c) Domestic:     less than 1%
Mr. Evans reported the percentage of his practice in trial court during the last five years as follows:
(a) Jury:     5%
(b) Non-jury:     95%
Mr. Evans provided that in cases tried to a jury verdict, his role recently has been supervisory only, but that he has served as Chief Counsel or sole counsel in these matters.
The following is Mr. Evans' account of his five most significant litigated matters:
"(a)   Kennedy v S.C. Retirement Systems, Budget and Control Bd., (95CP36-268) pending on appeal: Chief counsel for the State at trial in a billion dollar class action lawsuit concerning payment of disputed benefits;
(b)   State v Hill, 314 S.C. 330, 444 S.E.2d 255 (1994): Chief counsel for State in action challenging trial court's authority, and the standards to release a

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Goodwin meets the qualifications prescribed by law for judicial service on the Circuit Court.
Ms. Goodwin was born on December 14, 1944. She is 54 years old and a resident of Columbia, South Carolina. Ms. Goodwin provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1977.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Goodwin.
Ms. Goodwin demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Ms. Goodwin reported that her campaign expenditures have been in the form of postage.
Ms. Goodwin testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.

Bankruptcy one-hour seminars.
Ms. Goodwin reported that she has taught the following law-related courses:
(a) Instructor, Constitutional Law and Civil Liberties, Columbia College 1985;
(b) Instructor, Business Law, University of South Carolina 1984;
(c) Instructor, Business Law, Webster College 1987;
(d) Adjunct Professor, Trial Advocacy, U.S.C. Law School 1989-1995;
(e) Speaker, Bridge the Gap, 1994-1996;

- Criminal Law Section Council (1984-1991)
Editor of Newsletter (1978-1980)
Chair (1988-1989)
- Alternative Dispute Resolution Section Council (1995-1996);
(b)   Richland County Bar Association;
(c)   South Carolina Women Lawyers Association;
(d)   South Carolina Bankruptcy Law Association.
Ms. Goodwin provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
(a)   Shandon United Methodist Church;
(b)   Public Defender Corporation Board of Directors.
Ms. Goodwin provided that "[t]rial experience in prosecuting and defending criminal cases and representing plaintiffs and defendants in civil trials has given me a unique perspective on the judicial system at work. Six years service on the Grievance Commission has provided me with sincere appreciation for the ethical standards required of members of the legal profession."

Commission's Findings:   QUALIFIED
(1) Constitutional Qualifications:

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Howard meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Howard was born on January 19, 1948. He is 50 years old and a resident of Johns Island, South Carolina. Judge Howard provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1973.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Howard.
Judge Howard demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:

"(a)   Sobhi A. Girgis, M.D. v. South Carolina Department of Labor, Licensing and Regulation (State Board of Medical Examiners), No. 94-ALJ-11-0274-AP, affirmed in part and reversed in part by the South Carolina Court of Appeals, Opinion Number 2857, filed June 23, 1998. This case held that the State Board of Medical Examiners was required to furnish a physician a copy of the initial complaint against him, in accordance with S.C. Code Ann. Section 40-47-212 (1986);
(b)   Haley Farms, et al. v. South Carolina Department of Health and Environmental Control and Raymond E. Wells, No. 97-ALJ-07-198-CC. This case held that the Department of Health and Environmental Control failed to follow its own guidelines for agricultural permitting when it issued a construction permit for a poultry facility which was to be located in close proximity to neighboring property lines and to a fresh tomato packing house, and that it is proper to consider nuisance factors in determining whether an agricultural

Commission's Findings:   QUALIFIED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Mr. Kosko meets the qualifications prescribed by law for judicial service on the Circuit Court.
Mr. Kosko was born in Tampa, Florida. He is a resident of Georgetown, South Carolina. Mr. Kosko provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Kosko.

Mr. Kosko reported that he was appointed as a State Constable since approximately 1969 and continues to serve in that position. Mr. Kosko reported that he was appointed Assistant Town Attorney for Pawleys Island from 1994 to 1997. Mr. Kosko was appointed Assistant Solicitor for the Fifth Judicial Circuit from 1971 to 1975 (First Family Court Solicitor in the State).
(6)   Physical Health:
Mr. Kosko appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Kosko appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Mr. Kosko was admitted to the South Carolina Bar in 1971 and was admitted to the District of Columbia Bar in 1981.
Since his graduation from law school, Mr. Kosko reported that he was an Assistant Solicitor for Richland County from 1971

(b) Criminal:     2%
(c) Domestic:     5%
Mr. Kosko reported the percentage of his practice in trial court during the last five years as follows:
(a) Jury:     5%
(b) Non-jury:     10%
Mr. Kosko provided that he most often served as chief counsel in these matters.
The following is Mr. Kosko's account of his five most significant litigated matters:
"(a)   North American Specialty Ins. Co., v. Shore and P/Y Shore Power, 8:95-226-20, United States District Court for South Carolina, Hon. G. Ross Anderson, Judge. This case was tried to establish the doctrine of uberimae fides in admiralty jurisdiction. The court held no coverage, but did not address the issue of ultimate good faith;
(b)   Floyd v. Ohio General Ins. Co. and Southern Aviation Insurance Co., 3:88-1037-3, United States District Court for South Carolina. This case involved a crash, and the death of four persons in Virginia, on a flight which began in Georgia. The defendants and owners of the aircraft were residents of South Carolina. After jurisdictional issues were resolved, the case revolved around whether the violations of FAA regulations regarding flight into known instrument meteorological conditions, when the pilot did not have the qualifications and ratings voided insurance coverage. The court held the case did not turn on the issue of

(c)   South Carolina Ins. Co. v. Collins, In this case the trial court ruled where the pilot did not have a FAA medical certificate, a causal connection had to be shown between the crash and the failure to have a valid and effective medical certificate in order to void coverage. The decision was upheld by the Supreme Court, 237 S.E.2d 358, 269 S.C. 282, (S.C. 1977);

(d)   Longwith v. Goldsboro Wayne Aviation & Wooten Oil, Superior Court North Carolina, 86-CVS-236. This case involved the death of two young men, both pilots, when their plane developed engine problems caused by contaminated fuel. There were thousands of pages of documents relating to fuel sales. In addition, the issue of proof of fuel contamination and the condition and operation of an EXXON fuel farm made this a most complicated case;
(e)   Reid v. Cooper et al. v. Ratchford, 3:93-0387-21. This was a complicated legal malpractice suit involving five lawyers, all with competing claims and counterclaims. A Georgia statute of limitations had been missed and shortly thereafter the law firm split into many groups. It was vigorously contested, and the case concluded the day before trial with an all day mediation."
Mr. Kosko listed five civil appeals which he has personally handled:
(a)   Rouse v. McCrory, 353 S.E.2d 130, 291 S.C. 218 (S.C. 1986);
(b)   South Carolina Ins. Guar. Ass'n v. Broach, 353 S.E.2d 450, 291 S.C. 349, (S.C. 1987);
(c)   Accordini v. Security Central, Inc., 320 S.E.2d 713, 283 S.C. 16, (S.C.App. 1984);
(d)   South Carolina Ins. Co. v. Collins, 237 S.E.2d 358, 269 S.C. 282, (S.C. 1977);
(e)   Stewart v. Floyd, 265 S.E.2d 254, 274 S.C. 437 (S.C. 1980).
Mr. Kosko reported he was appointed Special Referee by the Circuit Court on three occasions within the past two years, and

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Lee meets the qualifications prescribed by law for judicial service on the Circuit Court.
Judge Lee was born on September 17, 1958. She is 40 years old and a resident of Columbia, South Carolina. Judge Lee provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Lee.
Judge Lee demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Lee reported that she has spent $10.00 on this campaign.
Judge Lee testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Lee testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:

Restructured State Government (6.0)
Civil Law Update I (3.0)
Civil Law Update II (3.0)
Education Financing in South Carolina (2.0)
Criminal Practice (6.5)
Civil Law Update III (3.0)
Drafting Criminal Laws under Sentencing Classification (1.0);
(c) 1994   Carried over credits from 1993
Orientation School for Magistrates (6.0)
Orientation School for Circuit Judges (5.75)
What Every Lawyer Should Know About Environmental Law (1.5)
National Judicial College-Administrative Fair Hearings (2 weeks);
(d) 1995   Carried over credits from 1994
Administrative Law & Practice in South Carolina (1.5);
(e) 1996   Carried over credits from 1995

School Law in South Carolina (6.0)
The Woman Advocate in South Carolina (7.58)
Ethics Seminar (3.0)
Criminal Practice (6.0);
(f) 1997   Carried over credits from 1996
National Judicial College - Advanced Evidence (1 week)
Summary of 1997 Revisions of Lawyer Disciplinary Process & the Ethics Act (2.0)

South Carolina Woman Advocate: Making Practice Perfect (7.5).
Judge Lee reported that she has taught the following law-related courses or has lectured at the following programs:

Judge Lee reported that she has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Lee did not reveal any evidence of criminal allegations made against her. The Commission's investigation did not reveal any evidence of any founded complaints or grievances made against her. The Commission's investigation of Judge Lee did not indicate any evidence of a troubled financial status. Judge Lee has handled her financial affairs responsibly.
The Commission also noted that Judge Lee was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5) Reputation:
Judge Lee reported that she is not rated in Martindale-Hubbell to her knowledge, but she was listed as an associate with McNair Law Firm, P.A.
(6)   Physical Health:
Judge Lee appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:

"(a)   State Farm Fire & Cas. Co., et al. v. S.C. Dept. of Insurance and S.C. Dept. of Consumer Affairs, Docket No. 96-ALJ-09-0043-CC. Application for an insurance rate increase was contested by the Department of

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. McGowan meets the qualifications prescribed by law for judicial service on the Family Court.
Mr. McGowan was born on February 4, 1952. He is 46 years old and a resident of Laurens, South Carolina. Mr. McGowan provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1979.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. McGowan.

Note: These figures represent number of cases and not income derived.
Mr. McGowan reported the percentage of his practice in trial court during the last five years as follows:
(a) Jury:     1%
(b) Non-jury:     99%
Mr. McGowan provided that he most often served as sole counsel in these matters.
The following is Mr. McGowan's account of his most significant litigated matter:
"(a)   Robinson v. Tyson, 319 SC 360,461 S.E.2d 397 (Ct. App. 1995)-This case has been cited several times and is good authority and somewhat instructional regarding the imputation of income to a non-custodial parent;
I know of no other significant litigated matter that I have handled. Most civil cases have been settled and most Family Court matters have ended at the trial court level. Although significant to all parties and the attorneys involved, none stand out."
The following is a civil appeal that Mr. McGowan has personally handled:
(a)   Robinson v. Tyson, 319 SC 360, 461 S.E.2d 397 (Ct. App. 1995); Date of Decision: July 3, 1995.
(9)   Judicial Temperament:
The Commission believes that Mr. McGowan's temperament would be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Advisory Committee noted that it was very impressed with Mr. McGowan and found him to be

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Milling meets the qualifications prescribed by law for judicial service on the Circuit Court.
Mr. Milling was born June 6, 1948. He is 50 years old and a resident of Darlington, South Carolina. Mr. Milling provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1973.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Milling.
Mr. Milling demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Milling reported that he has spent $297.00 on postage and stationery to send out resumes and notice of interest in the judicial position to members of the Legislature. Mr. Milling

The Commission found Mr. Milling to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Milling reported that during the past five years he has attended CLE seminars to acquire updates on various aspects of the legal practice and to acquire further information in certain areas of the law.
Mr. Milling reported that he has not been a speaker or lecturer at any bar association conferences, educational institutions, or continuing legal or judicial education programs.
Mr. Milling reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Mr. Milling did not reveal any evidence of founded complaints or grievances made against him. The Commission's investigation also did not reveal any evidence of criminal allegations made against him. The Commission's investigation of Mr. Milling did not indicate any evidence of a troubled financial status. Mr. Milling has handled his financial affairs responsibly.
The Commission also noted that Mr. Milling was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Mr. Milling reported that from December 22, 1969, to December 21, 1976, he was a member of the S.C. Army National Guard, E5, and received an Honorable Discharge.

(a) Federal:   3 cases during the last 5 years

(b) State:   Civil: approximately 3 to 4 cases actually tried a year
Criminal: handling pleas for trials during the term
Family Court: 2 to 3 cases per month
Mr. Milling reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
(a) Civil:   65%
(b) Criminal:   20%
(c) Domestic:   15%
Mr. Milling reported the percentage of his practice in trial court during the last five years as follows:
(a) Jury:   10%
(b) Non-jury:   5% (approximately 20%, if domestic cases are included)
Mr. Milling provided that he most often served as sole counsel in these matters.
The following is Mr. Milling's account of his five most significant litigated matters:
"(a)   Stanley v. Darlington County School District, 879 F. Supp. 1341 (D.S.C. 1995); 915 F. Supp. 764 (D.S.C. 1995); 84 F. 3rd 707 (4th Cir. 1996). Darlington County School District operated under a 1970 School Desegregation Plan approved by the Court in Stanley v. Darlington County School District, et al. 424 F. 2d 195, 196-97 (4th Cir.), rehearing denied, 424 F. 2d 198 (per curiam) cert. denied, 398 U.S. 909, 90 S. Ct. 1690, 26 L. Ed. 2d. 67 (l970). In 1990, the United States moved to intervene. The Court in the original action had to address whether or not previously issued Orders that found the School District in compliance were binding on the Court since they were issued without evidentiary hearing. The Court also had to address issues of whether the School District had standing to sue the State of South Carolina, whether the Eleventh Amendment to the United States Constitution was a bar to the action against the State, implementation of a Magnet School as a part of the remedy Order, as well as various other issues. In the portion of the case reported in 915 F. Supp. 764 (D.S.C., 1995), the trial

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Mollycheck meets the qualifications prescribed by law for judicial service on the Family Court.

The Commission's investigation of Ms. Mollycheck did not reveal any evidence of founded complaints or grievances made against her. The Commission's investigation also did not reveal any evidence of criminal allegations made against her. The Commission's investigation of Ms. Mollycheck did not indicate any evidence of a troubled financial status. Ms. Mollycheck has handled her financial affairs responsibly.
The Commission also noted that Ms. Mollycheck was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Ms. Mollycheck reported that her Martindale-Hubbell rating was "BV."
Ms. Mollycheck reported she was the recipient of the following awards:
(a) Second place in the National Outstanding Student competition of the American Society for Personnel Administration while as a graduate student;
(b) Young Careerist of the Year, District II, South Carolina Business and Professional Women's Clubs, 1979 to 1981.
(6) Physical health:
Ms. Mollycheck appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental stability:
Ms. Mollycheck appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Ms. Mollycheck was admitted to the South Carolina Bar in 1984. She took the bar exam twice.
Since her graduation from law school, Ms. Mollycheck reported that from 1984 to 1985, she worked as a law clerk and

Ms. Mollycheck reported the percentage of her practice in trial court during the last five years as follows:
(a) Jury:   0%
(b) Non-jury:   100%
Ms. Mollycheck provided she most often served as sole counsel in these matters.
The following is Ms. Mollycheck's account of her five most significant litigated matters:
"(a)   Ramsey v. Hubbard, Unpublished Op. No. 91-UP-062 (Ct. App., 1991). I was the guardian ad litem in a contested case to terminate parental rights of the parents, and an adoption. Trial judge originally denied the termination but reversed himself at the motion to reconsider hearing. I developed a method of investigating, which included the preparation of a written chronology of interviews, pleadings and documents, which I have utilized in subsequent guardian cases. The case was appealed. I participated in the appeal. The Court of Appeals affirmed the trial

The following are five civil appeals Ms. Mollycheck has personally handled:
(a) Campi v. Dudley, Memorandum Op. No. 89-MO-04 (Ct. App. 1989).
(b) Freeman v. Freeman, Unpublished Op. No. 96-UP-073 (Ct. App. 1996). Opinion and brief enclosed. Ms. Mollycheck was retained by James W. Hancock, Esq., to research and write the brief;
(c)   Jones v. Jones, Unpublished Op. No. 97-UP-424 (Ct. App. 1997);
(d)   Glenn v. Glenn, Unpublished Op. No. 98-UP-071 (Ct. App. 1998);

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Nicholson meets the qualifications prescribed by law for judicial service on the Circuit Court.
Mr. Nicholson was born on September 30, 1942. He is 56 years old and a resident of Anderson, South Carolina. Mr. Nicholson provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1973.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Nicholson.
Mr. Nicholson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Nicholson reported that his campaign expenditures at the time of completion of his personal data questionnaire included

Mr. Nicholson was admitted to the South Carolina Bar in 1973.
Since his graduation from law school, Mr. Nicholson reported that during the twenty-five years he has been an attorney, he has practiced in all areas of the law at Fogle & Watson in 1973, Fogle & Nicholson in 1975, J. C. Nicholson from 1975 to 1978, Nicholson & Williams from 1978 to 1981, Assistant Solicitor for Greenville in 1982, Epps & Krause from 1982 to 1985, Epps, Krause & Nicholson from 1985 to 1994, and Epps, Nicholson & Stathakis from 1995 to 1998. Mr. Nicholson reported that the following is a list of criminal matters that he handled as an Assistant Solicitor: DUI, rape, murder (capital and non-capital), robbery, drug possession and sale, burglary, reckless homicide, manslaughter, assault and battery with intent to kill as well as high and aggravated larceny, and receiving stolen goods. The previous cases were performed as sole counsel, but Mr. Nicholson does not remember names and cites due to the time and number tried during his five years as Assistant Solicitor.
The following are some cases tried by Mr. Nicholson as a private attorney:
"(a)   Jones v. USC Medical School, September 1995. Medical malpractice; was a hysterectomy necessary; (92-CP-04-3367);
(b)   Defended a Co-Defendant in the capital case State v. Shirley. This case ended in a plea at the end of the presentation of evidence. His client received 30 years for accessory to armed robbery; Defended other criminal defendants with various charges;

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Short meets the qualifications prescribed by law for judicial service on the Circuit Court.
Judge Short was born on January 13, 1947. He is 51 years old and a resident of Chester, South Carolina. Judge Short provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Short.
Based on his 1997 screening, Judge Short demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Short reported that he has made no campaign expenditures.
Judge Short testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Short testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Judge Short to be intelligent and knowledgeable. The Commission waived the practice and procedure questions for Judge Short because of his recent screening for this position in 1997.
Judge Short described his continuing judicial education during the past five years as follows:

7.5
6/27   Seminar of Chief Judges for Circuit and Family Court

5.25

8/20-22     1997 Judicial Conference

8.00
9/28-10/1   1997 Annual S.C. Solicitors' Association

Conference

15.0
1996:
1/26     S.C. Mid-Year Bar Meeting           6.00
1996 Annual Criminal Law Update Seminar
2/4-9     National Judicial College/Phoenix, Arizona       23.33
Handling Capital Cases (Successfully completed written examination)
4/12     Circuit Court Bench/Bar Seminar         6.25
"Understanding the New S.C. Criminal Offenses and Penalties for "Serious" and "Most Serious" Crimes and Repeat Offenders"
5/15-17/1996   Circuit Court Judges' Spring Conference         4.25
Appellate Practice; Indigent Defense; Probation and Parole; Alternative Dispute Resolution; Drug Court; Media and the Courtroom; Sentencing
8/21-23/1996   Annual Judicial Conference           8.00
9/30-10/18   National Judicial College/Reno, Nevada         30.0
Served as Group Facilitator for General Jurisdiction Course
1995:
1/13     S.C. Mid-Year Bar Meeting           8.00

4.25
Comparative Negligence; Local Orders; Cameras in the Courtroom; Judicial Ethics; Pattern Jury Charges; Federal Rules of Evidence; County/State Payments of Fees in Capital Murder Cases
7/12-8/7   National Judicial College/Reno, Nevada         30.0
General Jurisdiction Course (Successfully completed written examination)
8/26-28/1992   Annual Judicial Conference

8.00
10/9     Circuit Court Bench/Bar Fall Update         6.00

1991:
7/24-26   New Circuit Court Judges' School
8/21-23/1991   Annual Judicial Conference           8.00
10/25     Circuit Court Bench/Bar Fall Update         6.00
Judge Short reported that he has taught the following law-related courses:
(a)   September 15, 1995-Judge Short provided that he was the instructor for a seminar on Rules of Civil Procedure for the South Carolina Legal Secretaries' Association;
(b)   September 30 - October 18, 1996-Judge Short reported that he served as a Group Facilitator with the faculty for the General Jurisdiction Course for new Judges. He led group discussions four hours each day on a wide variety of legal topics.
Judge Short reported that he has not published any books or articles.

Judge Short was admitted to the South Carolina Bar in 1971.
Since his graduation from law school, Judge Short began practicing law in November 1971, in Chester, South Carolina, with Fred H. Strickland and E. K. Hardin. He practiced law continuously in the same firm. In late 1972, he became a partner in the firm and in approximately June 1973, Mr. Hardin left the firm to become Probate Judge of Chester County. In July 1973, Mr. Strickland was tragically killed in a house fire

Judge Short is married to Linda H. Short. He has two children: Lindy Lee Short Blanks (School teacher, age 27); Melanie Lynne Short (Student, age 23). His wife, Linda H. Short, is a South Carolina State Senator.
Judge Short reported that he was a member of the following bar associations and professional associations:
(a)   South Carolina Bar Association;
(b)   Chester County Bar Association;
(c)   American Bar Association;
(d)   American Judicature Society;
(e)   American Judges Association;
(f)   South Carolina Association of Circuit Judges - Vice President.
Judge Short provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
(a)   Purity Presbyterian Church
- Sunday School Teacher
- Board of Deacons, Former
- Elder, Former;
(b)   Chester Sertoma Club, Life Member;
(c)   Chester Shrine Club;
(d)   Chester Masonic Lodge;
(e)   American Legion;
(f)   Presbyterian College, Board of Visitors, Former.

Commission's Findings:   QUALIFIED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Woods meets the qualifications prescribed by law for judicial service on the Family Court.
Mr. Woods was born on January 13, 1945. He is 53 years old and a resident of Rock Hill, South Carolina. Mr. Woods provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1970.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Woods.
Mr. Woods demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Woods reported that he has made no campaign expenditures.
Mr. Woods testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Woods testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Mr. Woods to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

The following persons were found qualified:
Judge Carol Connor   Court of Appeals, Seat 1
Judge William L. Howard   Court of Appeals, Seat 2
Judge Paul E. Short, Jr.   Sixth Judicial Circuit Court, Seat 1
Joy S. Goodwin   Circuit Court At-Large Seat 1
George C. Kosko   Circuit Court At-Large Seat 1
John M. Milling   Circuit Court At-Large Seat 1
Judge Benjamin H. Culbertson   Circuit Court At-Large Seat 7
Edwin E. Evans   Circuit Court At-Large Seat 7
J.C. "Buddy" Nicholson, Jr.   Circuit Court At-Large Seat 7
Craig H. Allen   Circuit Court At-Large Seat 11
James G. Carpenter   Circuit Court At-Large Seat 11
Judge Alison Renee Lee   Circuit Court At-Large Seat 11
Judge Wesley L. Brown   Family Court, Seventh Judicial

  Circuit, Seat 3
Joseph W. McGowan III     Family Court, Eighth Judicial

  Circuit, Seat 1
Leland B. Greeley     Family Court, Sixteenth Judicial

  Circuit, Seat 2
Debbie S. Mollycheck     Family Court, Sixteenth

Judicial Circuit, Seat 2
Henry T. Woods     Family Court, Sixteenth

Judicial Circuit, Seat 2
Judge Marvin F. Kittrell     ALJ Division, Chief Judge,

Seat 1
Respectfully submitted,
/s/ Senator Glenn F. McConnell
/s/ Representative F.G. Delleney, Jr.
/s/ Senator Edward E. Saleeby
Senator Thomas L. Moore
/s/ Representative Wm. Douglas Smith
/s/ Representative Ralph W. Canty
/s/ Harry M. Lightsey, Jr.
/s/ Judge Curtis G. Shaw
/s/ Amy Johnson McLester
/s/ Richard S. Fisher

On motion of Rep. DELLENEY, with unanimous consent, the report was ordered printed in the Journal.

JUDGE PAUL E. SHORT, JR.
CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT, SEAT 1

(5) Reputation: (6)

Judge Short reported that he was commissioned in the United States Army Reserves upon graduation from The Citadel in June 1968; however, he was deferred from active duty to attend law school from September 1968 to August 1971. He then reported for three months active duty and later finished his military duty with the National Guard and United States Army Reserves.

The following was received and referred to the appropriate committee for consideration:

Document No. 2360
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Legislative Incentives for Future Excellence (LIFE) Scholarship
Received by Speaker of the House of Representatives January 14, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration May 13, 1999

On motion of Rep. HASKINS, with unanimous consent, the following was taken up for immediate consideration:

H. 3278 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 20, 1999, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Be it resolved by the House of Representatives, the Senate concurring:

That his Excellency, James H. Hodges, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 P.M. on Wednesday, January 20, 1999, in the Chamber of the South Carolina House of Representatives.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3279 (Word version) -- Reps. Harvin, Canty, Cobb-Hunter, Ott, Govan, Bales, G. Brown, Rhoad, J. Brown, Neal, J. Hines, Clyburn, Kennedy, Bailey, Howard, Gourdine, Lloyd, Pinckney, T. Brown, Scott and H. Brown: A HOUSE RESOLUTION TO COMMEND THE HONORABLE

Whereas, since his youth Congressman James E. Clyburn, a native of Sumter, had the desire to engage in public service, attended all-black Mather Academy in Camden, washed dishes to help pay for his room and board, and later graduated from South Carolina State University; and

Whereas, after graduating from South Carolina State University, Congressman Clyburn served as a teacher, an employment counselor, and director of two youth and community development projects; and, in recognition of his invaluable contributions in public service, was named Public Administrator of the Year by the South Carolina Chapter of the American Society for Public Administration, was a recipient of the National Governors Association's annual award for distinguished service in state government, and has been awarded honorary doctorate degrees by Winthrop University, the Medical University of South Carolina, his alma mater, South Carolina State University, and Saint Augustine's College in Raleigh, North Carolina; and

Whereas, in January, 1971, Congressman Clyburn was appointed to the staff of Governor John West, and in 1974 was appointed to serve as Human Affairs Commissioner and, during his tenure as Human Affairs Commissioner, was elected President of the International Association of Official Human Rights Agencies and the National Association of Human Rights Workers; and

Whereas, Congressman Clyburn currently serves on the governing boards of Wofford College and Allen University, is a member of the Southern Regional Council in Atlanta, Georgia, a life member of the NAACP, a member of Omega Psi Phi Fraternity, Inc., and is a Mason and Shriner; and

Whereas, Congressman Clyburn first was elected to the 103rd Congress of the United States on November 3, 1992, a seat he won as the first African-American representative from this State since

Whereas, the Congressional Black Caucus was formed in 1971 to help focus lawmakers on African-American concerns, and, in November 1998, Congressman Clyburn was elected, unopposed, Chairman of the Congressional Black Caucus, thus coming out from behind the scenes, where he quietly and often does his best work, into the limelight as the incoming two-year Chairman of the Black Caucus. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, commend the Honorable James E. Clyburn, Congressman from the Sixth District of South Carolina, for his dedication and outstanding service to the people of this State and congratulate him on having recently been elected Chairman of the Congressional Black Caucus.

Be it further resolved that a copy of this resolution be forwarded to Congressman James E. Clyburn.
The Resolution was adopted.

The following was introduced:

H. 3280 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION ESTABLISHING A COMMITTEE TO STUDY HOSPITAL COSTS, RATES, CHARGES AND FEES, AND EVALUATE AND MAKE RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES ON ESTABLISHING A HOSPITAL RATE SETTING COMMISSION.
The Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

The following was introduced:

H. 3282 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND SINCERE BEST WISHES TO MRS. GERTRUDE BROCK ON THE OCCASION OF HER 100TH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3305 (Word version) -- Reps. Campsen, Rodgers and Gilham: A CONCURRENT RESOLUTION TO COMMEND HELEN COGGESHALL HARVEY OF BEAUFORT UPON BEING NAMED THE 1999 SOUTH CAROLINA MOTHER OF THE YEAR, AND TO RECOGNIZE HER MANY NOTABLE AND DISTINGUISHED ACCOMPLISHMENTS AS A MOTHER OF FIVE CHILDREN AND A GRANDMOTHER OF SEVENTEEN GRANDCHILDREN, AND AS A PERSON WHO HAS BEEN INVOLVED, ON BOTH A LOCAL AND STATEWIDE BASIS, IN EDUCATION, HISTORIC PRESERVATION, THE PRESBYTERIAN CHURCH, POLITICAL LIFE, CHARITABLE ENDEAVORS, AND PROFESSIONALLY AS A REALTOR.

Whereas, Helen Coggeshall Harvey of Beaufort has been named the 1999 South Carolina Mother of the Year; and

Whereas, we recognize the many notable and distinguished accomplishments of her life, first and foremost as a devoted mother and grandmother; and

Whereas, Helen Harvey's five loving children are Eileen Harvey Bakke (Mrs. Dennis W. Bakke), a homemaker and chairman of the Mustard Seed Foundation Board, who lives in Arlington, Virginia; William Brantley Harvey III, an attorney who lives in Beaufort; Helen Harvey Laffitte (Mrs. M. Tucker Laffitte III), a homemaker and veterinarian who lives in Columbia; Margaret Harvey Thompson (Mrs. Daniel K. Thompson), a homemaker and architect who lives in Titusville,

Whereas, Mrs. Harvey is also the proud grandmother of seventeen very active grandchildren; and

Whereas, Helen Beard Coggeshall, born in Darlington in 1933, the third child of James Warren and Grace Beard Coggeshall, graduated from St. John's High School where she was the president of the student government, involved in varsity basketball and the school newspaper; thereupon, she attended the University of South Carolina and excelled in academics as she was the first recipient of the McKissick Scholarship and upon graduation was awarded a membership in Phi Beta Kappa; she also participated in university activities such as varsity cheerleading, the Kappa Delta sorority, and the Westminster Fellowship; and

Whereas, in 1952, Helen married W. Brantley Harvey, Jr. from Beaufort, a graduate of the Citadel and the USC Law School, and, while he distinguished himself by serving in the House of Representatives from 1959 to 1974 and as lieutenant governor from 1975 to 1978, she served in numerous civic groups such as founding and being the president of the South Carolina Legislative Wives Organization, serving on the Governor's Council on Productivity, on the Governor's Mansion Commission, on the Board of Trustees of the Girl Scout Plantation, on the Board of the South Carolina Kidney Foundation, and on the board of Stage South; and

Whereas, Mrs. Harvey's degree from USC was in math education, and she began her professional life teaching math at Beaufort Junior High School; and when her third child was born, she retired from teaching but remained active by tutoring high school students in math and being the president of her children's elementary school PTA; and

Whereas, in 1979, when her husband left public office to return to his Beaufort law practice, Helen Harvey began a successful career in real estate that continued for nearly twenty years until in 1998 she sold her ownership in the company she had established; and

Whereas, her interest in assuring quality higher education for South Carolinians led her to serve on the Beaufort County Commission on

Whereas, the Presbyterian Church has been an extremely important part of Helen Harvey's life from being a Sunday School teacher at the First Presbyterian Church in Beaufort and serving as a board member for the Thornwell Children's Home, to currently serving on the board of the Mustard Seed Foundation which is engaged in education, ministry, and mission work; and

Whereas, Helen Harvey has been a strong leader in historic preservation in the Lowcountry where she helped found the Historic Beaufort Foundation and served as its president for three terms and where she, along with other community members, established the Beaufort Historic District which was officially recognized by the United States Department of the Interior; and

Whereas, she is one of two advisors from South Carolina to the Board of Advisors of the National Trust for Historic Preservation and, in addition, serves as a member of the Board of the Friends of Brookgreen Gardens and the Board of the Palmetto Trust for Historic Preservation; and

Whereas, we take great pleasure in honoring Helen Coggeshall Harvey whose life exemplifies the ideals and values of motherhood, a strong religious faith, and tireless community service. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, highly commend Helen Coggeshall Harvey of Beaufort upon being named the 1999 South Carolina Mother of the Year and recognize her many notable and distinguished accomplishments as a mother of five children, a grandmother of seventeen grandchildren, and as a person who has been involved, on both a local and statewide basis, in education, historic preservation, the

Be it further resolved that a copy of this resolution be forwarded to Helen Coggeshall Harvey.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The Senate sent to the House the following:

S. 345 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE LOLLIE B. HARPER FOR HER LIFELONG PROMOTION OF PROFESSIONALISM AND SUCCESSFUL PARTICIPATION IN THE FIELD OF ACCOUNTING AND TO RECOGNIZE HER DEDICATION AND CONTRIBUTIONS TO THE ACCOUNTANTS OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 346 (Word version) -- Senators Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, Leventis, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Cork, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton and Grooms: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 20, 1999, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.

Be it resolved by the Senate, the House of Representatives concurring:

That His Excellency, James H. Hodges, Governor of the State of South Carolina, is invited to address the General Assembly in joint

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

H. 3281 (Word version) -- Reps. J. Brown, Bowers, M. Hines, Inabinett, Battle, Clyburn, Breeland, Whipper, Cobb-Hunter, Scott, W. McLeod, Canty, Lloyd, Neal, Pinckney, Miller, Jennings, Knotts, Whatley, Emory, Ott, T. Brown, Bales, McGee, Maddox, Mack, M. McLeod and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO REQUIRE EVERY INDIVIDUAL AND GROUP HEALTH INSURANCE POLICY AND PLAN OF HEALTH COVERAGE ISSUED OR RENEWED IN THIS STATE TO PAY FOR MEDICAL SERVICES AND TREATMENT RENDERED BY AN OUT-OF-STATE HOSPITAL AT THE SAME LEVEL PAID TO AN IN-STATE HOSPITAL UNDER CERTAIN CONDITIONS AND TO PROVIDE COVERAGE FOR SIDE EFFECTS THAT ARE COMMONLY ASSOCIATED WITH RADICAL RETROPUBIC PROSTATECTOMY SURGERY, REQUIRE CERTAIN NOTICE TO BE GIVEN TO EACH INSURED OR PLAN-ENROLLEE, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS.
Referred to Committee on Labor, Commerce and Industry

H. 3283 (Word version) -- Reps. Harrison, H. Brown, Quinn, Lanford, Kelley and Keegan: A BILL TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187 SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.
Referred to Committee on Ways and Means

H. 3284 (Word version) -- Reps. Jennings, Emory, Battle, J. Hines, J. Smith, Inabinett, Govan, Breeland, Kennedy, Bailey, Wilder, Cave, Carnell, Whipper, Gourdine, Bales, Harris, T. Brown, M. Hines, Miller, Mack, Moody-Lawrence, Kirsh, Bowers, Askins, Wilkes, Canty, Clyburn and McGee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
Referred to Committee on Judiciary

H. 3285 (Word version) -- Reps. Cobb-Hunter, M. McLeod, Bales, Ott and Hayes: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROPERTY TAX RELIEF FUND, SO AS TO REVISE HOW SCHOOL DISTRICTS SHALL BE REIMBURSED FROM THE PROPERTY TAX RELIEF FUND, INCLUDING A PROVISION FOR REIMBURSEMENT ON A PER CAPITA BASIS, TO PROVIDE FOR THE MANNER IN WHICH DISTRICTS MUST USE THESE FUNDS RECEIVED, TO PROVIDE THAT IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE SCHOOL BOARD SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL, AND TO PROVIDE THAT NO DISTRICT SHALL RECEIVE LESS THAN IT RECEIVED DURING THE 1998-99 FISCAL YEAR.
Referred to Committee on Ways and Means

H. 3286 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR CERTAIN MINIMUM AUTOMOBILE INSURANCE COVERAGES, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.
Referred to Committee on Labor, Commerce and Industry

H. 3287 (Word version) -- Reps. Harvin, Inabinett, Cobb-Hunter, Breeland, Jennings, Govan, M. Hines, Kennedy, Parks, Bowers, J. Hines, J. Brown, Lloyd, Clyburn, Cave, Gourdine, Rutherford, Pinckney, Mack, Wilder and Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS IN THIS STATE, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE MANNER IN WHICH FUNDING OF ALL PUBLIC SCHOOL DISTRICTS MUST BE EQUALIZED.
Referred to Committee on Ways and Means

H. 3288 (Word version) -- Rep. Inabinett: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
Rep. INABINETT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KOON objected.
Referred to Committee on Judiciary

H. 3289 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 4, 5, AND 6, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND A LACK OF ELECTRICITY ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3290 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 56-3-5010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "PUBLIC EDUCATION: A GREAT INVESTMENT

H. 3291 (Word version) -- Rep. Davenport: A BILL TO AMEND ARTICLE 3, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES, BY ADDING SECTION 6-1-340 SO AS TO REQUIRE A COUNTY COUNCIL TO PREPARE A FISCAL IMPACT REPORT AND TO CONSULT WITH SPECIAL PURPOSE OR SPECIAL SERVICE DISTRICTS WITHIN THE COUNTY WHO MAY BE IMPACTED FISCALLY BEFORE ENTERING INTO A FEE IN LIEU OF TAX AGREEMENT WITH AN INDUSTRY.
Referred to Committee on Ways and Means

H. 3292 (Word version) -- Rep. Davenport: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-235 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
Referred to Committee on Labor, Commerce and Industry

H. 3293 (Word version) -- Reps. Wilkins, Gilham, Webb, Witherspoon, Lucas, Meacham, Taylor, Mason, Barrett, Harrison, Haskins, Tripp, Rodgers, Walker, Woodrum, Altman, Allison, Riser, Sandifer, McGee, Keegan, Townsend, Littlejohn, Hawkins and Leach: 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 OF CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR A BALLOT MEASURE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE.
Referred to Committee on Judiciary

H. 3295 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38 SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; AND TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS.
Referred to Committee on Judiciary

H. 3296 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 38-77-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO DELETE PROVISIONS FOR APPOINTMENT TO AND OPERATION BY THE BOARD AND TO PROVIDE FOR THE FACILITY'S GOVERNMENT BY A SEPARATE AND DISTINCT SUBCOMMITTEE OF THE

H. 3297 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 28 SO AS TO ENACT THE "SOUTH CAROLINA COMPETITIVE POWER ACT OF 1999"; TO DESIGNATE SECTION 57 OF ACT 173 OF 1987 AS SECTION 58-27-690 OF THE 1976 CODE; TO AMEND SECTION 58-27-690, AS AMENDED, RELATING TO SERVICE RIGHTS OF ELECTRIC SUPPLIERS AND THE PROVISION THAT CERTAIN LISTED STATUTES DO NOT MODIFY, ABRIDGE, OR REPEAL SECTIONS 58-27-650, 58-27-670, 58-27-680, 58-27-1280, OR 58-27-1360, SO AS TO DELETE THE REFERENCES TO SECTIONS 58-27-650, 58-27-670, AND 58-27-680 IN KEEPING WITH THEIR REPEAL BY THIS ACT; TO PROVIDE THAT, PRIOR TO JULY 15, 2000, THE PUBLIC SERVICE COMMISSION SHALL PROVIDE TO THE GOVERNOR AND THE GENERAL ASSEMBLY A REPORT OF ITS FINDINGS AND IMPLEMENTATION PLAN IN ANTICIPATION OF COMMENCEMENT OF THE IMPLEMENTATION SCHEDULE FOR CUSTOMER CHOICE AS PROVIDED BY CHAPTER 28 OF TITLE 58; TO PROVIDE THAT THE SCHEDULE FOR PHASE-IN OF DIRECT ACCESS PROVIDED BY SECTION 58-28-40 SHALL NOT COMMENCE UNLESS APPROVED BY JOINT RESOLUTION OF THE

H. 3298 (Word version) -- Reps. Beck, Sharpe, Clyburn, R. Smith and Mason: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
On motion of Rep. CLYBURN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3299 (Word version) -- Reps. Beck, W. McLeod, R. Smith, Mason and Wilder: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO REQUIRE THE APPLICATION TO ALLOW THE APPLICANT TO DISCLOSE A PERMANENT MEDICAL CONDITION WHICH MUST BE INDICATED BY A SYMBOL ON THE LICENSE OR PERMIT AND CONTAINED IN THE DRIVER'S RECORD, AND ALLOW THE APPLICANT TO DISCLOSE THAT HE IS AN ORGAN DONOR WHICH MUST BE INDICATED BY A SYMBOL ON THE LICENSE OR PERMIT AND CONTAINED IN THE DRIVER'S RECORD.
Referred to Committee on Education and Public Works

H. 3300 (Word version) -- Reps. Beck, Mason and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT PUBLIC AND PRIVATE SCHOOLS MUST TRANSPORT TEN OR MORE STUDENTS IN A SCHOOL BUS OR ACTIVITY BUS, PROVIDE THAT VEHICLES PURCHASED BEFORE A CERTAIN DATE HAVE A GRACE PERIOD DURING WHICH THEY MUST COMPLY WITH THIS PROVISION, AND PROVIDE THAT DURING THE GRACE PERIOD A NON-COMPLYING VEHICLE MUST DISPLAY A DECAL THAT STATES THE VEHICLE DOES

H. 3301 (Word version) -- Reps. Beck and Mason: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.
Referred to Committee on Judiciary

H. 3302 (Word version) -- Rep. Beck: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER

H. 3303 (Word version) -- Rep. Easterday: A BILL TO AMEND ARTICLE 5 OF CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S AUTOMOBILE INSURANCE LAW AND THE SOUTH CAROLINA REINSURANCE FACILITY, DESIGNATED PRODUCERS, AND FACILITY RECOUPMENT CHARGES, BY ADDING SECTION 38-77-627 SO AS TO PROVIDE FOR DISCLOSURE OF ECONOMIC IMPACT BY AN INSURER AS THE RESULT OF A CLAIM BEING FILED BY AN INSURED, THE FORMAL WITHDRAWAL OF A CLAIM BY THE INSURED FOLLOWING RECEIPT OF THE ECONOMIC IMPACT DISCLOSURE, APPROVAL OF FORMS AND THE PROMULGATION OF REGULATIONS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, WAIVER BY THE INSURED OF HIS RIGHTS AND PRIVILEGES IN THIS SECTION, AND AN ADMINISTRATIVE FINE TO BE ASSESSED AGAINST AN INSURER WHICH VIOLATES THIS SECTION.
Referred to Committee on Labor, Commerce and Industry

H. 3304 (Word version) -- Rep. Easterday: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
Referred to Committee on Labor, Commerce and Industry

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown H.               Brown J.               Campsen
Carnell                Cato                   Cave
Chellis                Clyburn                Cobb-Hunter

Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines J.
Hines M.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Lanford                Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Smith J.               Smith R.               Spearman
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

I came in after the roll call and was present for the Session on Tuesday, January 19.
Grady A. Brown     Tracy R. Edge
James N. Law       Harry R. Askins

Announcement was made that Dr. Gerald Wilson of Columbia is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED
Bill Number: H. 3158 (Word version)
Date: ADD:
01/19/99   J. BROWN

CO-SPONSOR ADDED
Bill Number: H. 3259 (Word version)
Date: ADD:
01/19/99   KNOTTS

CO-SPONSOR ADDED
Bill Number: H. 3276 (Word version)
Date: ADD:
01/19/99   PHILLIPS

CO-SPONSOR ADDED
Bill Number: H. 3276 (Word version)
Date: ADD:
01/19/99   LEE

CO-SPONSOR ADDED
Bill Number: H. 3002 (Word version)
Date: ADD:
01/19/99   W. MCLEOD

CO-SPONSOR ADDED
Bill Number: H. 3285 (Word version)
Date: ADD:
01/19/99   HAYES

CO-SPONSOR ADDED
Bill Number: H. 3285 (Word version)
Date: ADD:
01/19/99   OTT

CO-SPONSOR REMOVED
Bill Number: H. 3276 (Word version)
Date: REMOVE:
01/19/99   J. SMITH

CO-SPONSOR REMOVED
Bill Number: H. 3002 (Word version)
Date: REMOVE:
01/19/99   J. SMITH

On motion of Rep. CHELLIS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield and Lee: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A

Rep. SCOTT asked unanimous consent to recall H. 3004 (Word version) from the Committee on Ways and Means.
Rep. SIMRILL objected.

On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs and was referred to the Committee on Judiciary:

H. 3261 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.

At 12:35 P.M. the House in accordance with the motion of Rep. D. SMITH adjourned in memory of Mrs. Virginia Carter Walker of Spartanburg to meet at 2:00 P.M. tomorrow.

Rep. MARTIN moved that the House do now adjourn, which was agreed to.

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