Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Representative LEACH as follows:

Let us remember in prayer the son of Rev. Dr. Barton who was involved in a tragic traffic accident last week and leaves behind four young children. O Lord, in the midst of the activities and demands of this week, make us aware of Thy presence. Create within us the desire for righteousness and truth, that the confused issues before us be resolved in the simplicity of Thy plan. Let the peace which fills our hearts not be that of easy submission, but rather the peace of mind and heart that comes from an untroubled conscience. Bless the Speaker, his associates and the members of this Body, we pray. For this we ask in the Lord's name. 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.

Rep. HUGGINS moved that when the House adjourns, it adjourn in memory of Whaley S. Barton III, son of interim Chaplain Whaley S. Barton, Jr., which was agreed to.

The following was received:

TO:             The Clerk of the Senate

The Clerk of the House

FROM:     Committee to Review Candidates for the

South Carolina Public Service Commission

DATE:     May 14, 2002
In compliance with the provisions of Sections 58-3-26 and 2-20-30, Code of Laws of South Carolina, 1976, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Donald H. Holland, Chairman

Pursuant to Act No. 181 of 1993, the Committee to Review Candidates for the South Carolina Public Service Commission (hereinafter "Committee") was organized to consider the qualifications of candidates for the six resident and one at-large Commissioners of the South Carolina Public Service Commission (hereinafter "Commission"), whose terms expire on July 1, 2002. The Committee is composed of ten members, six of whom are members of the General Assembly, and four of whom are members of the public. While its statutory mission does not include selecting or nominating the most qualified persons for service on the Commission, the Committee has determined that it does bear responsibility to supply the General Assembly with findings regarding each candidate's capabilities, giving special attention to any issue or concern which might limit a commissioner's effectiveness. In making its findings, the Committee is charged with "find[ing] the best qualified people giving due consideration to their ability and integrity."

In conducting its review of each candidate, including each of six incumbents, the Committee necessarily focused on the operations of the Commission and inquired as to the effectiveness of the current Commissioners and the particular needs of the Commission for specific capabilities.

That a screening committee should attempt such a broad inquiry may be unusual yet, in the case of the Joint Legislative Committee to Review Candidates for the South Carolina Public Service Commission, it is essential. The Committee heard from challengers, incumbent Commissioners, and the public that the Commission suffered from the lack of any oversight save for the screening and election of Commissioners every four years. The Committee had questions as to the technical qualifications of several incumbent Commissioners.

The Committee found the Commission operations to be suffering from a lack of strong leadership. It appears that a few of the Commissioners' efforts may be directed toward each other's squabbles that spill over into staff management. The resulting friction was brought to the very screening committee hearing room. The Committee also found that the complexity of many of the issues challenging regulated industries today has overwhelmed some of the Commissioners rather than challenging them to commit to providing leadership and the hiring of sufficient and capable staff to meet issues head on. Most troubling was the failure of the Commission to articulate and adhere to clear standards of due process and ethical behavior which would protect the public interest and not elevate special interest. In particular, the Commission lacks any enforceable prohibition against inappropriate ex parte communications.

A complaint alleging ex parte communications on the part of some of the incumbent Commissioners was filed with the Committee prior to public hearings. In response to this complaint, subpoenas were issued seeking any information related to those communications. Subpoenas were also issued for the testimony of three persons, who are not Commissioners. After taking testimony from those persons, this Committee proceeded to public screening. Each incumbent Commissioner was questioned at length on the subject of ex parte communications during the public screening process. Based on the information produced by the subpoenas and questioning of individual incumbent Commissioners, this Committee has determined that a few of the incumbent Commissioners have failed to provide leadership, set policy, and ensure compliance with the prohibition against ex parte communications. It is unlikely that any person could discern appropriate lines of communication because of the Commission's failure to set clear policy on ex parte communication. The Commission maintained a culture promoting such communication which has led to inappropriate communication with the regulated industries under its jurisdiction.

Just as clear as the overall failure of the Commission to provide leadership is the real ability and talent of several incumbent Commissioners. It would be a tragic mistake to brand all Commissioners as being ineffective. In coming to this conclusion, the Committee determined that a Commissioner's responsibility with regards to ex parte communications is two fold: (1) to refrain from engaging in ex parte communications, and (2) to actively discourage such communications on the part of staff and other Commissioners. A reading of the record shows that some incumbent Commissioners have fulfilled their duties with regard to one of those responsibilities but failed as to the other. With this knowledge, the Committee proceeded to fairly and thoroughly evaluate all incumbents taking into account their qualifications as to the six established criteria and formulating an overall recommendation based on those criteria.

Long-term structural change is needed at the Commission and in the Commissioner screening process. The Committee would suggest the following changes:

(1)the terms of the seven Commissioners should be staggered so as to provide for continuity and to spread the screening and election process over several legislative sessions rather than a single session every four years;
(2)the General Assembly should legislate a clear, enforceable prohibition against inappropriate ex parte communication whether it be directed to the Commissioners or staff;
(3)the General Assembly should consider structural reforms of the Public Service Commission which would insulate the Commissioners from advocacy from staff except during public hearings and from inappropriate contact with regulated entities that appear before the Commission in hearings;
(4)the General Assembly should revise Section 8-13-730 so as to prohibit indirect solicitation of pledges from members of the General Assembly;
(5)the General Assembly should extend Section 58-3-24's prohibitions on the election of members of the General Assembly until four years after such service to also exclude a legislator's spouse, children, or siblings from serving within the four-year time frame; and
(6)the General Assembly should prescribe "position descriptions" for the Commissioners that ensure that candidates possess the necessary technical and experiential skill sets to competently handle the increasingly complex issues they are called upon to decide.

(1)at its next screening, the Committee will insist on candidates having clear financial and credit reports prior to the screening process. The Committee has expended substantial time and staff resources in helping candidates address credit problems and legal judgments. No other employer would allow for such irresponsibility. The Committee will no longer do so;
(2)the Committee will continue to place substantial emphasis on a candidate's knowledge of Commission operations. Incumbents will be held to a higher standard. All candidates are on notice that the Committee will no longer tolerate only a passing familiarity with Commission operations and issues;
(3)at its next screening, the Committee will survey Commission staff and parties appearing before the Commission to determine overall Commission efficiency and effectiveness and the strengths and weaknesses of individual Commissioners. The Committee will use a process similar to that utilized by the Judicial Merit Selection Commission in administering the survey;
(4)the Committee will continue its focus on Commissioner attendance records; and
(5)the Committee will ask the Chairmen of the House Labor, Commerce and Industry Committee and the Senate Judiciary Committee to conduct a comprehensive study of other states' commission structure, responsibilities, qualifications, and compensation. The Committee believes that the demands of current issues argue for a higher caliber of Commissioner.

Cautionary Note to General Assembly
Finally, the Committee would voice to the General Assembly the concern raised by a number of qualified candidates that the election process is influenced much less by candidate ability than by partisan politics, kinship to members of the General Assembly, or "silent" endorsement by the regulated community. The Public Service Commission's decisions impact every family and every business in South Carolina. If the candidates' concerns are valid, then it will not be long until the public and the business community find the General Assembly singularly responsible for the Commission's failure.

LEGAL QUALIFICATIONS
The determination of legal qualifications is limited to a determination of the candidate's residence in the appropriate Public Service Commission district as established by Section 58-3-20, the candidate's eligibility for election as determined by Section 58-3-24, and the candidate's compliance with constitutional provisions limiting election to those persons eligible to be electors of this State.

GENERAL QUALIFICATIONS
To fulfill its mandate to determine fitness beyond mere legal qualifications, the Committee conducted an intensive review of each candidate's: (1) experience, (2) temperament, (3) compliance with and knowledge of legal and ethical constraints on public service, (4) knowledge of Commission operations, (5) demonstrated or potential aptitude for meaningful leadership and/or service at the Public Service Commission, and (6) demonstrated integrity (including maintenance of personal financial affairs). Finally, the Committee considered each candidate as a whole and formulated an "overall recommendation." THE COMMITTEE OFFERS EACH DETERMINATION OF FITNESS AND ITS OVERALL RECOMMENDATION SO THAT DIRECT COMPARISONS CAN BE MADE BETWEEN OPPOSING CANDIDATES AS TO SPECIFIC ATTRIBUTES AND AS TO OVERALL QUALIFICATIONS.

An explanation of these six benchmarks which the Committee used to judge the qualifications of candidates is as follows:

Experience
By statutory mandate, this Committee is charged with considering the knowledge and experience of potential commissioners "in such varied fields as business, government, accounting, law, engineering, statistics, consumer affairs, and finance." The Committee looked for persons who have excelled in these fields and those persons with the capability to transfer this success and knowledge to the operations of the Commission. The transcript appended to this report contains each applicant's background and employment history.

Temperament
The Commission is neither a court, an executive agency, nor a legislative body, but a blend of all three. The Committee sought to determine if a candidate's sense of the role or roles he is to fill on the Commission is such that his work will be productive, proactive, and protective of the interests of all South Carolinians.

Each candidate carries a wealth of life experiences as well as business and personal relationships. The Committee realizes that there is little possibility of electing candidates with no pre-existing conflicts of interest. To do so would, in effect, be asking candidates to have totally disassociated themselves from the "real world" and would be a direct repudiation of this Committee's statutory mandate to find candidates with experience in business, law, and other fields. However, the Committee finds an important standard to be that a candidate recognizes when he may have a conflict of interest between his existing responsibilities and/or business interests and his future duties as a commissioner. The Committee strongly feels that a candidate should not only readily recognize these conflicts of interest, but should pro-actively and willingly offer to divest or divorce himself from such conflicts of interest. The Committee believes that the reluctance of a candidate to readily recognize or willingly divest or divorce himself of such interests during the intense public scrutiny of these screening hearings is a likely indicator of that candidate's future unwillingness to avoid conflicts of interest when called upon to do so in a less public forum--Public Service Commission deliberations.

The Committee also strongly feels that candidates for the Commission who serve or have served as public officials, public members, or public employees must have demonstrated high ethical standards through compliance with all laws governing ethical behavior, most notably those provisions of Title 8. In order to withstand public scrutiny and to gain public confidence, these candidates for the Commission must have conducted and comported themselves with the highest regard for ethics in their actions as public officials, members, or employees.

The Committee acknowledges its statutory duty to recognize those candidates who are the most qualified in this regard. However, it would be patently unfair to require non-incumbents to have accumulated a wealth of knowledge about Commission operations specifically, or regulated utilities generally. Unlike incumbent Commissioners, challengers have not had the benefit of a compensated opportunity to educate themselves in hearings or through conversations with Commission staff. The Committee expects that incumbents and others with substantial experience before the Commission should be able to discuss these matters with a greater fluency than those persons who have to date committed themselves to other employment. However, every candidate, whether incumbent or non-incumbent, must be required to demonstrate some basic understanding of the role of the Commission and its operations. The Committee emphasizes that the substantive knowledge findings contained in this report are merely a measure of a candidate's knowledge at the time of his candidacy and are by no means indicative of a candidate's ability to subsequently master Commission operations and the multitude of issues relating thereto.

The Committee felt strongly that there is an absence of leadership being assumed at the Commission. Many of the problems the Committee discovered, including ex parte communications, tension between Commission members and staff, and lack of a coherent agency vision, are directly attributable to the Commission's failure to coalesce and operate as an effective public watchdog. The Committee, in evaluating candidates, did not look for every candidate to be a leader. Rather, the Committee looked for those persons who could effectively assume a role as leader, follower, or both.

Candidates must assure the Committee that their word is their bond. Particular attention is given to the way candidates have managed their financial affairs.

Candidates should also be generally aware of the time commitment necessary for productive service as a Commissioner. Each candidate provided adequate assurance to this Committee of his or her commitment to meet the demands of the office.

A transcript of the Committee's extensive oral examination of the twenty-seven candidates on April 9 through April 11, 2002, is appended to this report by reference, as required by law. Because of its length, however, the transcript may be found in its entirety at the General Assembly's website: www.scstatehouse.net/citizen.htm.
In consideration of these findings of fact, the Committee finds all twenty-seven candidates to be legally qualified for service as Public Service Commissioners. The Committee makes the following findings of fitness and ability for individual candidates for the Commission:

AT-LARGE:

JOHN HOLLOWAY DRUMMOND

Address: 132 Highland Drive
Greenwood, SC 29649

Overall Recommendation:
Mr. Drummond was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.

Test Score: (rated as "Outstanding" for a non-incumbent)
* Mr. Drummond received an overall score of 73.
* Mr. Drummond tied with another candidate to receive the 4th highest overall score.
* Mr. Drummond received the 1st highest score out of all 22 non-incumbent applicants. *

John Holloway Drummond was born on March 28, 1951, in Greenwood, South Carolina. He married Mary Simpson Drummond on June 22, 1974, and they have one child. Mr. Drummond has received a Bachelors Degree in Electrical Engineering from Clemson University and a Masters Degree in Business Administration from Furman University. As an entrepreneur, Mr. Drummond is President and owner of Lighting Services, Inc. He has also worked at Drummond Oil Company, Inc. and Duke Power Company, occupying various positions.

General Qualifications:
* Mr. Drummond was evaluated to be of OUTSTANDING experience to serve on the PSC.
* Mr. Drummond was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Drummond was evaluated to have an ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Drummond was evaluated to have an OUTSTANDING substantive knowledge of the operations of the PSC.
* Mr. Drummond was evaluated as having OUTSTANDING demonstrated or potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Drummond was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the PSC. *

ROBERT C. MOSELEY

Address: 109 Walnut Court
Columbia, South Carolina 29212

Overall Recommendation:
Mr. Moseley was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for an incumbent)
* Mr. Moseley had an overall score of 56.
* Mr. Moseley received the 22nd highest overall score.
* Mr. Moseley received the 6th highest score of the 6 incumbents seeking re-election to the PSC. *

C. Robert Moseley was born on October 30, 1940, in Augusta, Georgia. He graduated from Eau Claire High School in 1959. He attended Columbia College from 1960-1962. He also attended the South Carolina Bankers School in 1971 and Louisiana State University School of Banking in 1973. He was married on October 24, 1992, to Lisa Van Austin Moseley. He has two children. Although he has never run for publicly elected office, Mr. Moseley served as Business Manager for the Town of Irmo in 1979. He has served as member of the Board of Advisors to the SC Department of Consumer Affairs. He served in that capacity through 1998. He ran unsuccessfully for the 2nd District PSC Seat in 1994. He was elected to the At-Large Seat on the Public Service Commission on July 1, 1998.

General Qualifications:
* Mr. Moseley was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Mr. Moseley was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Moseley was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Moseley was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Moseley was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Moseley was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

FIRST DISTRICT:

JAMES T. FELDMAN

Address: 294 Wateree River Road
Myrtle Beach, SC 29588

Overall Recommendation:
Mr. Feldman was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for a non-incumbent)
* Mr. Feldman had an overall score of 57.
* Mr. Feldman received the 21st highest overall score.
* Mr. Feldman received the 16th highest score of the 22 non-incumbents seeking election to the PSC. *

Mr. Feldman was born September 22, 1969, in Batatvia, New York. He received a Bachelor's Degree in Political Science from the University of Rochester in 1992. He received his Juris Doctorate Degree from Ohio Northern University in 1995. He is licensed to practice law in New York and South Carolina. He has been working in Myrtle Beach, South Carolina, since being licensed as an attorney. His practice currently centers on real estate closings. He has worked in areas of workers' compensation, social security work, and corporate law. He is a member of various professional and civic organizations including the American Bar Association, the New York Bar Organization, the South Carolina Bar Association, the Horry County Bar Association, the Optimist International, the Grand Strand Optimist Club, the Grand Strand Mortgage Lenders Association, the Coastal Carolina Realtors Association, the Friendship House, Inc., the Renaissance Foundation, the March of Dimes, and Leadership Grand Strand.

General Qualifications:
* Mr. Feldman was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Feldman was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Feldman was evaluated to have AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Feldman was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Feldman was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Feldman was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

BLONDELLE E. GRANT

Address: 415 Orange Street
Georgetown, South Carolina 29585

Overall Recommendation:
Ms. Grant was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for a non-incumbent)
* Ms. Grant received an overall score of 59.
* Ms. Grant received the 17th highest overall score.
* Ms. Grant received the 12th highest score out of the 22 non-incumbent applicants. *

Blondelle Edith Grant was born October 12, 1953, in Georgetown, South Carolina. She married Mr. Charles Edward Grant on September 30, 1995, and has no children. She graduated from Howard High School in 1971 and received an Associate Degree in Business Administration from Horry Georgetown Technical College in 1974. She is presently employed in two positions: (1) South Carolina Youth Advocate Programs Incorporated as Director, and (2) Real Estate Professional in real estate sales. Prior to these two positions she worked as an administrative or customer service representative for various companies in various industries, two of which are related to the work of the Public Service Commission. They were: (1) Cincinnati Gas and Electric Company--1971-1978 and (2) Cablevision Incorporated--1991-1993.

General Qualifications:
* Ms. Grant was evaluated to be of AVERAGE experience to serve on the PSC.
* Ms. Grant was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Ms. Grant was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Ms. Grant was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Ms. Grant was evaluated as having AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service at the PSC.
* Ms. Grant was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the PSC. *

JOHN E. HOWARD

Address: 1171 Crab Walk
Charleston, South Carolina 29412

Overall Recommendation:
Mr. Howard was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Above Average" for a non-incumbent)
* Mr. Howard had an overall score of 69.
* Mr. Howard received the 9th highest overall score.
* Mr. Howard received the 5th highest score of the 22 non-incumbent applicants to the PSC.
John E. "Butch" Howard was born June 29, 1941, in Columbia, South Carolina. He is a 1959 graduate of Berkeley High School and graduated with a BA in Business Administration from the University of South Carolina in 1973. He served in the United States Army from February 1963 to February 1966 and received an honorable discharge with Good Conduct Medal. Mr. Howard married Patricia H. Howard on January 27, 1996. He has five children. Mr. Howard has worked with multiple companies throughout his career in both printing and office furniture sales. He has never held publicly elected office.

General Qualifications:
* Mr. Howard was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Howard was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Howard was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Howard was evaluated to have an ABOVE AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Howard was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Howard was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

LINDA SMITH MOCK

Address: Post Office Box 922
Number 15 Penny Lane
Pawleys Island, South Carolina 29585

Overall Recommendation:
Ms. Mock was evaluated as being of ABOVE AVERAGE qualifications to serve on the Public Service Commission.

Test Score: (rated as "Average" for a non-incumbent)
* Ms. Mock had an overall score of 65.
* Ms. Mock received the 13th highest overall score.
* Ms. Mock received the 8th highest score of the 22 non-incumbent applicants to the PSC.
Linda Smith Mock was born November 7, 1950, in Dillon, South Carolina. She graduated from Winyah High School in 1969. She received a Bachelor of Arts in Communications from Winthrop College and did post-graduate work at Sacred Heart College in Belmont, North Carolina, in 1980. She married James M. Mock, Jr. on May 8, 1988, and has two children. She was president of the SC Realtors Association in 1986 and is a member of the SC Fireman's Association. She has never held publicly elected office but has served as a member of the Georgetown County Accommodations Tax Advisory Committee, member of the Board of Directors of the Georgetown County Economic Development Commission, and was a member of the Board of Directors of the Georgetown County Water and Sewer District.

General Qualifications:
* Ms. Mock was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Ms. Mock was evaluated to be of COMMENDABLE temperament to serve on the PSC.
* Ms. Mock was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Ms. Mock was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Ms. Mock was evaluated as having an ABOVE AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Ms. Mock was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

WILLIAM SAUNDERS

Address: 6191 Chisholm Road
Johns Island, South Carolina 29455

Overall Recommendation:
Mr. Saunders was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for an incumbent)
* Mr. Saunders had an overall score of 67.
* Mr. Saunders received the 12th highest overall score.
* Mr. Saunders received the 5th highest score of the 6 incumbents seeking re-election to the PSC. *

Mr. Saunders was born on February 14, 1935, in New York, New York. Mr. Saunders is married to Henrietta J. Saunders and has ten children. Mr. Saunders is currently the Chairman of the Public Service Commission. He has previously served as Vice-Chairman. He is completing his second term. In addition to his work on the Public Service Commission, Mr. Saunders has owned interest in radio stations, one AM and one FM. Mr. Saunders sold the AM station in 1998 and is in the process of selling the FM station. Mr. Saunders has served on the Board of Visitors of Charleston Southern University and has been actively involved with the Charleston YMCA, the Rotary International Breakfast Club, the College of Charleston Business School, and the Trident Urban League. Mr. Saunders served in the U.S. Army from 1951-1954.

General Qualifications:
* Mr. Saunders was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Saunders was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Saunders was evaluated to have BELOW AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC. At the beginning of April, Mr. Saunders sent a letter to all members of the General Assembly asking for their support and vote for his PSC election. Mr. Saunders testified that after he sent the letter out the "no pledge" rule of Section 8-13-930 of the 1976 Code of Laws of South Carolina was brought to his attention. He testified that he felt the letter violated the statute and that he would not have sent the letter out as it was written with that knowledge. Soon after the letter was sent Mr. Saunders sent out a subsequent letter of retraction. The Committee determined that Mr. Saunders' first letter demonstrated a lack of knowledge on the ethical constraints for candidates for the PSC.
* Mr. Saunders was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Saunders was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Saunders was evaluated as being INADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. Mr. Saunders has had personal financial trouble associated with the ownership of two radio stations since he first ran for the PSC in 1994. The sale of one radio station appears to have relieved him of most of his personal credit problems and the pending sale of the other radio station may well eliminate the financial troubles altogether. However, the Committee determined that looking at Mr. Saunders personal credit history and the credit history of his company as a whole demonstrates poor judgment in financial affairs. *

SECOND DISTRICT:

JAMES BLAKE ATKINS

Address: 2 New Grant Court
Columbia, South Carolina 29209

Overall Recommendation:
Mr. Atkins was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Above Average" for an incumbent)
* Mr. Atkins received an overall score of 74.
* Mr. Atkins received the 3rd highest overall score.
* Mr. Atkins received the 3rd highest score out of all 6 incumbent applicants. *

James Blake Atkins was born on July 5, 1954, in Rock Hill, South Carolina. In 1989, Mr. Atkins married Holly Ann Saleeby and has one son. Mr. Atkins has received several degrees, including a Bachelors Degree in Marine Science from the University of South Carolina, a Masters Degree in Environmental Systems Engineering from Clemson University, and a Ph.D. in Marine Science from the University of South Carolina. He worked for nine years at the South Carolina Water Resource Commission as Chief of Surface Water Hydrology and has also worked at the North Carolina Department of Natural Resources and Community Development and the South Carolina Department of Health and Environmental Control in various capacities. Previously serving as Public Service Commissioner for the Second District (from 2000-2002), he is now running for a second term.

General Qualifications:
* Mr. Atkins was evaluated to be of OUTSTANDING experience to serve on the PSC.
Mr. Atkins was evaluated to be of INAPPROPRIATE temperament to serve on the PSC. During public screening, Mr. Atkins was questioned on the record about the appropriate temperament of a Commissioner. He disclosed a particular instance in which he and a staff member of the PSC had a disagreement in the office. At that time, Mr. Atkins raised his voice, used profanity, and conducted himself in a manner the Screening Committee considers inappropriate. Mr. Atkins also testified about conflicts that exist between him and current and past staff members. These conflicts often result in heated exchanges and contribute to a sometimes hostile environment at the PSC. Based on Mr. Atkins' testimony, the Committee determined Mr. Atkins has demonstrated inappropriate temperament during his service as Commissioner on the PSC.
* Mr. Atkins was evaluated to have an ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC. Mr. Atkins was questioned during the public hearing on his understanding of the prohibition on solicitations of pledges. The Committee found no wrongdoing or inappropriate conduct on the part of Mr. Atkins. Rather, his interpretation of the pledging prohibitions appears to be shared among the other candidates. This prevailing interpretation is evidence of the statute's lack of guidance on the indirect solicitation of pledges which the Committee has addressed in its recommended structural changes to the PSC.
* Mr. Atkins was evaluated to have an ABOVE AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Atkins was evaluated as having AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Atkins was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the PSC. *

DAVID A. WRIGHT

Address: 341 North Stonehedge Drive
Columbia, South Carolina 29210

Overall Recommendation:
Mr. Wright was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Above Average" for a non-incumbent)
* Mr. Wright had an overall score of 68.
* Mr. Wright received the 11th highest overall score.
* Mr. Wright received the 7th highest score of the 22 non-incumbent applicants to the PSC. *

David Austin Wright was born July 22, 1955, in Charlotte, North Carolina. He graduated from Irmo High School in 1973 and received a BA in Political Science from Clemson University in 1977. He married Amy Elizabeth Floyd on November 4, 1995, and has four children. He has previously held elected office. From September 1983 through September 1985, he served as a member of Irmo Town Council. Mr. Wright also served as Mayor of Irmo from September 1985 through September 1988. He was elected to the House of Representatives in 1988 and served through 1996. He has worked with Wingate Advertising (1977-1978), with Spence for Congress (1980-1986), and as Communications Director for the SC Republican Party (1979-1981). He operated a Hickory Farms franchise from 1981-1992 and started David Wright Communications (a public relations firm) in 1992. The Department of Agriculture and the SC Association of Manufactured Homes previously employed him as a lobbyist in 1999. In 1998, MHS Enterprises, a company engaged in the video gaming ("poker") industry, employed him as a lobbyist.

General Qualifications:
* Mr. Wright was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Mr. Wright was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Wright was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Wright was evaluated to have an ABOVE AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Wright was evaluated as having an ABOVE AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Wright was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

THIRD DISTRICT:

JAMES M. COLE

Address: 105 Qualla Road
Belton, SC 29627

Overall Recommendation:
Mr. Cole was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for a non-incumbent)
* Mr. Cole had an overall score of 72.
* Mr. Cole received the 18th highest overall score.
* Mr. Cole received the 13th highest score of the 22 non-incumbents seeking re-election to the PSC. *

Mr. Cole was born January 14, 1947, in Anderson, South Carolina. He received an Associate's Degree from Tri-County Technical College in 1967. Mr. Cole worked in banking from 1967 until March 2002, when he retired. Mr. Cole retired as Vice-President of Branch Banking and Trust in Belton, South Carolina. Mr. Cole has served thirty-five years in the National Guard. He is currently Sergeant Major for the 263rd Army Air Missile Defense Command. He has been active in civic, community, and professional organizations such as the Belton Area Partnership, the Lions Club, Belton Cotillion, the Belton Oyster Society, the Anderson County Library Board, and his church.

General Qualifications:
* Mr. Cole was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Cole was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Cole was evaluated to have AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Cole was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Cole was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Cole was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

DAVID L. DOUGHERTY

Address: 209 North Hill Rd.
Greenwood, South Carolina 29646

Overall Recommendation:
Mr. Dougherty was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Below Average" for a non-incumbent)
* Mr. Dougherty received an overall score of 54.
* Mr. Dougherty received the 24th highest overall score.
* Mr. Dougherty received the 18th highest score out of all 22 non-incumbent applicants. *

Mr. Dougherty was born on February 19, 1949, in Columbia, South Carolina. On June 8, 1969, he married Cynthia M. Dougherty and they have four children. Mr. Dougherty received a Bachelors Degree in Business Administration from Charleston Southern University and attended a number of banking schools, including the Darden School of Business at the University of Virginia and the National Commercial Lending School at the University of Oklahoma. Responsible for managing single and multiple banking offices, he has been employed at the Bank of America since 1970. He also serves as corporate secretary for his wife's business, C&D Enterprises Unlimited, Inc. Mr. Dougherty was appointed to the South Carolina Children's Foster Care Review Board and served during the 1980's into the early 1990's.

General Qualifications:
* Mr. Dougherty was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Dougherty was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Dougherty was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Dougherty was evaluated to have a BELOW AVERAGE substantive knowledge of the operations of the PSC. The Committee found Mr. Dougherty's performance on the written test and at a subsequent hearing to fail to demonstrate a high level of familiarity with Commission operations.
* Mr. Dougherty was evaluated as having AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Dougherty was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the PSC. *

W. PATRICK FLACK

Address: 2041 Bolt Drive
Anderson, South Carolina 29621

Overall Recommendation:
Mr. Flack was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Below Average" for a non-incumbent)
* Mr. Flack had an overall score of 47.
* Mr. Flack received the 27th highest overall score.
* Mr. Flack received the 20th highest overall score out of the 22 non-incumbent applicants to the PSC. *

William Patrick Flack was born March 17, 1927, in Anderson, South Carolina. He served in WWII as a member of the Corp of Engineers and was Honorably Discharged as a Private. He attended the Tuskegee Institute but left to seek employment. He married Thomasenia Mattison Patrick on August 13, 1951. He continued his education in later years by attending the George Meney Institute (AFL-CIO) School of Organization in 1973. He participated in a management-training program at Harvard University in 1974. He also attended the Winston-Salem College Housing Authority in 1978. Prior to 1968, Mr. Flack was privately employed. He went to work for the AFL-CIO in 1968-1972 as an organizer. From 1972-1983 he worked as the Southeast Program Director for the A. Phillip Randolph Institute RTP Incorporated. Although he has never served in publicly elected office, Mr. Flack served for two years on the Anderson County Commission. He also served for three years on the SC Social Services Commission, six years on the SC Consumer Affairs Commission, one year on the SC State Museum Commission, and is presently serving as a member of the SC State Health Planning Committee. He previously sought election to the Public Service Commission in 1998 but withdrew.

General Qualifications:
* Mr. Flack was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Flack was evaluated to be of COMMENDABLE temperament to serve on the PSC.
* Mr. Flack was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Flack was evaluated to have a BELOW AVERAGE substantive knowledge of the operations of the PSC. The Committee found Mr. Flack's performance on the written test and at a subsequent hearing failed to demonstrate a high level of familiarity with Commission operations.
* Mr. Flack was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Flack was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

MICHAEL L. KERNELLS

Address: 6201 Highway 25 North
Hodges, South Carolina 29653

Overall Recommendation:
Mr. Kernells was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.
Test Score: (rated as "Below Average" for a non-incumbent)
* Mr. Kernells had an overall score of 55.
* Mr. Kernells received the 23rd highest overall score.
* Mr. Kernells received the 17th highest score of the 22 non-incumbent applicants to the PSC. *

Lawrence Michael Kernells was born April 14, 1951. He attended public schools in Ware Shoals, South Carolina, and received his diploma from Ware Shoals High School in May of 1969. He attended Piedmont Technical College from 1970-1971. He received an Associate's Degree from Piedmont Technical College in 1971. He later went to Lander (College) University and withdrew as a 2nd Semester Junior with passing grades in 1977. He was married to Susan H. Kernells on January 16, 1976, and has one daughter. Mr. Kernells never served in the military and is self-employed as the owner of Kernells Auto Sales. Mr. Kernells has never held publicly elected office, however, he did run as a write-in candidate for Greenwood County Council in 1994.

General Qualifications:
* Mr. Kernells was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Kernells was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Kernells was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Kernells was evaluated to have a BELOW AVERAGE substantive knowledge of the operations of the PSC. The Committee found Mr. Kernell's performance on the written test and at a subsequent hearing failed to demonstrate a high level of familiarity with Commission operations.
* Mr. Kernells was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Kernells was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

RANDY MITCHELL

Address: 2031 Hollywood Road
Saluda, South Carolina 29138

Overall Recommendation:
Mr. Mitchell was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.

Test Score: (rated as "Above Average" for an incumbent)
* Mr. Mitchell received an overall score of 72.
* Mr. Mitchell received the 5th highest overall score.
* Mr. Mitchell received the 4th highest score out of the 6 incumbent applicants. *

Mr. Mitchell was born on September 16, 1950, in Newberry County. He is married to Wanda Joyner Mitchell and they have four children. Mr. Mitchell completed his education at Lander University, receiving a Bachelors Degree. Mr. Mitchell is the owner of Mitchell Farms, Inc. He served on the Saluda County Council from 1980 to 1988. Mr. Mitchell has also served as Saluda County Probate Judge for ten years and has been a member of the Public Service Commission since 1998.

General Qualifications:
* Mr. Mitchell was evaluated to be of OUTSTANDING experience to serve on the PSC.
* Mr. Mitchell was evaluated to be of COMMENDABLE temperament to serve on the PSC.
* Mr. Mitchell was evaluated to have an ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Mitchell was evaluated to have an ABOVE AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Mitchell was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Mitchell was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the PSC. *

FOURTH DISTRICT:

RONALD H. BLANCHARD

Address: 2063 Evergreen Drive
Boiling Springs, South Carolina 29316

Overall Recommendation:
Mr. Blanchard was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for a non-incumbent)
* Mr. Blanchard had an overall score of 60.
* Mr. Blanchard received the 16th highest overall score.
* Mr. Blanchard received the 11th highest overall score out of the 22 non-incumbent applicants to the PSC. *

Mr. Blanchard was born August 1, 1946, in Spartanburg, South Carolina. He is married to Barbara Ann Blanchard and has two children. He served in the United States Army Reserve from 1965-1971. He assumed control of his family's company, Blanchard Sand. This company runs dump trucks, which haul construction sand and gravel. He is a pilot and is active in youth athletics in Spartanburg.

General Qualifications:
* Mr. Blanchard was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Blanchard was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Blanchard was evaluated to have AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Blanchard was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Blanchard was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Blanchard was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

DAVID A. BRANNON

Address: 206 Lanford Road
Spartanburg, South Carolina 29301

Overall Recommendation:
Mr. Brannon was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Outstanding" for a non-incumbent)
* Mr. Brannon received an overall score of 72.
* Mr. Brannon received the 5th highest overall score.
* Mr. Brannon received the 2nd highest score out of 22 non-incumbent applicants. *

David Alan Brannon was born January 16, 1948, in Gaffney, South Carolina. He attended Limestone College from August 1966-December 1967. He left college to join the United States Navy. He served during the Vietnam War from February 1968 through December 1971. While serving in the Navy he attained the rank of Second Class Radioman (E-5). He received an honorable discharge from the US Navy in December of 1971. On September 11, 1971, he married Barbara Jean Thomas and is the father of two children. In September 1974, Mr. Brannon enrolled at the University of South Carolina, Spartanburg. He graduated December 1976 Cum Laude, with a Bachelor of Science Degree in Business Administration (Marketing). From December 1976 through December 1981, Mr. Brannon was employed with LWT Incorporated in Greenville as a sales/marketing representative. In May 1982, he founded Energy Equipment Company, Incorporated which he continues to operate. This company is an independent manufacturers representation firm that engages in selling steam generation and boiler equipment.

General Qualifications:
* Mr. Brannon was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Mr. Brannon was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Brannon was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Brannon was evaluated to have an OUTSTANDING substantive knowledge of the operations of the PSC.
* Mr. Brannon was evaluated as having ABOVE AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Brannon was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the PSC. *

ELIZABETH B. FLEMING

Address: 314 Glendalyn Place
Spartanburg, South Carolina 29302

Overall Recommendation:
Ms. Fleming was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.

Test Score: (rated as "Above Average" for a non-incumbent)
* Ms. Fleming had an overall score of 69.
* Ms. Fleming received the 9th highest overall score.
* Ms. Fleming received the 5th highest score out of 22 non-incumbent applicants to the PSC. *

Elizabeth B. "Lib" Fleming was born November 7, 1942, in Spartanburg, South Carolina. She graduated from Converse College with a BA in 1965. She was married to Harold Edward Fleming, MD on August 18, 1961, and is the mother of four children. Ms. Fleming worked as a program director with Head Start in 1967 and with the Federal government on the Walked Indian Reservation in Schurz, Nevada. She is a member of numerous professional and community service organizations. She has been a member of Spartanburg City Council since 1994.

General Qualifications:
* Ms. Fleming was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Ms. Fleming was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Ms. Fleming was evaluated to have an ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Ms. Fleming was evaluated to have an OUTSTANDING substantive knowledge of the operations of the PSC.
* Ms. Fleming was evaluated as having an OUTSTANDING potential aptitude for meaningful leadership and/or service at the PSC.
* Ms. Fleming was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

DANIEL PAUL HAMILTON

Address: 228 East Avondale Drive
Greenville, South Carolina 29609

Overall Recommendation:
Mr. Hamilton was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.

Test Score: (rated as "Outstanding" for a non-incumbent)
* Mr. Hamilton had an overall score of 71.
* Mr. Hamilton received the 8th highest overall score.
* Mr. Hamilton received the 4th highest score of the 22 non-incumbent applicants to the PSC. *

Daniel Paul Hamilton was born August 17, 1976, in Miami, Florida. He received a Bachelor of Science in Organizational Communications from Bob Jones University in 1998. He married Kelly Hancock Hamilton on May 14, 1999, and has one infant child. Although he has never served in publicly elected office, he ran unsuccessfully for the South Carolina House of Representatives in 2000. He presently serves as a member of the Greenville County Redevelopment Authority. He works part time as a realtor and is employed as a field director for United States Congressman Jim Demint, who represents South Carolina's 4th Congressional District. He is presently on an unpaid leave of absence from Congressman Demint's office.

General Qualifications:
* Mr. Hamilton was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Mr. Hamilton was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Hamilton was evaluated to have an ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Hamilton was evaluated to have an OUTSTANDING substantive knowledge of the operations of the PSC.
* Mr. Hamilton was evaluated as having an OUTSTANDING potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Hamilton was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

EUGENE B. JOHNSTON

Address: 400 Caroldean Drive
Travelers Rest, SC 29690

Overall Recommendation:
Mr. Johnston was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Outstanding" for a non-incumbent)
* Mr. Johnston had an overall score of 72.
* Mr. Johnston received the 6th highest overall score.
* Mr. Johnston received the 3rd highest overall score out of the 22 non-incumbent applicants to the PSC. *

Mr. Johnston was born on March 4, 1936, in Newnan, Georgia. He received a Bachelor of Arts Degree from Davidson College in 1957. He is married to Joann Carter Johnston and has three children. He has held journalism and publishing-related positions during his career and has taught college. In 1967, he received the National Editorial Association's top community service award for an expose of Mafia connections in Interstate highway construction. Currently, he is editing a monthly magazine called, "The Associated Reformed Presbyterian". He has been involved with various organizations including the Erskine College Board of Trustees, the Erskine College Parents Association, the S.C. Board of Bethany Christian Services, and the Evangelical Press Association.

General Qualifications:
* Mr. Johnston was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Johnston was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Johnston was evaluated to have AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Johnston was evaluated to have an OUTSTANDING substantive knowledge of the operations of the PSC.
* Mr. Johnston was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Johnston was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

WALTER C. ROBINSON III

Address: 634 Groce Meadow Road
Taylors, South Carolina 29687

Overall Recommendation:
Dr. Robinson was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Below Average" for a non-incumbent)
* Dr. Robinson had an overall score of 53.
* Dr. Robinson received the 25th highest overall score.
* Dr. Robinson received the 19th highest overall score out of the 22 non-incumbent applicants to the PSC. *

Walter C. Robinson III was born April 20, 1941, in Greensboro, North Carolina. He attended the University of South Carolina from 1960-1962 where he studied Electrical Engineering. He then attended and graduated from Wofford College in 1964 where he earned a BS degree in Physics. He earned a second BS degree in Pre-Professional Studies from Clemson University in 1969. He earned a Doctor of Veterinary Medicine from the University of Georgia in 1973 and an MS degree in Small Animal Surgery from Purdue University in 1976. He has been in private practice for over 28 years in Greenville, SC, and owns and operates the East North Veterinary Medicine Clinic. He has never served in publicly elected office but is presently serving as a member of the South Carolina Election Commission.

General Qualifications:
* Dr. Robinson was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Dr. Robinson was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Dr. Robinson was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Dr. Robinson was evaluated to have a BELOW AVERAGE substantive knowledge of the operations of the PSC. The Committee found Dr. Robinson's performance on the written test and at a subsequent hearing failed to demonstrate a high level of familiarity with Commission operations.
* Dr. Robinson was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Dr. Robinson was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

FIFTH DISTRICT:

CLAY H. CARRUTH

Address: 1603 Lyttleton Street
Camden, South Carolina 29020

Overall Recommendation:
Mr. Carruth was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Outstanding" for an incumbent)
* Mr. Carruth received an overall score of 83.
* Mr. Carruth received the highest overall score.
* Mr. Carruth received the highest score out of the 6 incumbent applicants. *

H. Clay Carruth, Jr. was born on August 15, 1948, in Athens, Georgia. He is married to Anne West Carruth, and they have three children. Mr. Carruth served in the United States Army from February 28, 1969, until February 22, 1971. In the course of his service, he received the rank Sp/4 and was honorably discharged. He received a Bachelors Degree in Philosophy from the University of South Carolina in 1973 and a J.D. from the University of South Carolina School of Law in 1980. Mr. Carruth worked for the Office of the Attorney General for a number of years and also worked as Staff Counsel to the Public Service Commission and as Research Director to the South Carolina Senate Medical Affairs Committee. Elected to the Commission in 1998, he is now seeking reelection in 2002.

General Qualifications:
* Mr. Carruth was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Mr. Carruth was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Carruth was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC. A number of e-mails were produced pursuant to the Committee's subpoena duces tecum relating to Mr. Carruth. This Committee was particularly concerned with an e-mail communication from Caroline Watson to Mr. Carruth on November 5, 2001, referencing a particular page in an attached order. Mr. Carruth was questioned on the record about the e-mails and whether they violated the prohibition against ex parte communications. It was noted on the record that the absence of e-mails relating to other incumbent Commissioners was not suggestive that those communications had not occurred, but rather was explained by the fact that Mr. Carruth tends to save his e-mails.
* Mr. Carruth was evaluated to have an OUTSTANDING substantive knowledge of the operations of the PSC.
* Mr. Carruth was evaluated as having AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Carruth was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the PSC. *

G. O'NEAL HAMILTON

Address: 706 Lakeshore Drive
Bennettsville, South Carolina 29512

Overall Recommendation:
Mr. Hamilton was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for a non-incumbent)
* Mr. Hamilton had an overall score of 64.
* Mr. Hamilton received the 14th highest overall score.
* Mr. Hamilton received the 9th highest overall score out of the 22 non-incumbent applicants to the PSC. *

Mr. Hamilton was born January 27, 1933, in Dillon, South Carolina. He has been a very successful businessman and is currently Chairman of the Marlboro County Council. Mr. Hamilton has been active in public service and with the community. He served on Bennettsville City Council for twelve years and as a South Carolina Highway Commissioner for two years. He retired recently as an agency manager for Farm Bureau Insurance. He was involved professionally in the insurance business for approximately 40 years. He has also been actively involved with the Rotary Club, the County Development Board, the Chamber of Commerce, the Jaycees, the United Way, and his church. Mr. Hamilton received an associate's degree in business administration from North Greenville Junior College.

General Qualifications:
* Mr. Hamilton was evaluated to be of ABOVE AVERAGE experience to serve on the PSC.
* Mr. Hamilton was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Hamilton was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Hamilton was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Hamilton was evaluated as having an ABOVE AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Hamilton was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

JOE RICHARD RICHARDSON

Address: 5 Pine Knoll Lane
Lake Wylie, South Carolina 29710

Overall Recommendation:
Mr. Richardson was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for a non-incumbent)
* Mr. Richardson had an overall score of 58.
* Mr. Richardson received the 19th highest overall score.
* Mr. Richardson received the 13th highest score of the 22 non-incumbent applicants to the PSC. *

Joe Richard "Dick" Richardson was born February 7, 1933, in Charlotte, North Carolina. He attended Central High School until 1950. He did not complete his studies for his high school degree. He did further his education with seminars and various training sessions. He completed Sylvania Lighting Design in Wheeling, West Virginia, in 1960. He completed Joslyn-High Voltage Equipment in Cleveland, Ohio, in 1965. He completed F.P.E Transformer Design in Atlanta, Georgia, in 1968. He completed Cutler Hammer-Motor Control Centers in Milwaukee, Wisconsin, in 1969. Mr. Richardson married Rep. Rebecca Meacham-Richardson on July 10, 1999. Mr. Richardson has worked almost exclusively in electrical sales: Union Supply and Electric Company as Vice President and General Manager, Electric Supply Company as President and CEO, Lighting Supply Company as President and CEO. He has served as a member of the South Carolina Agency Head Salary Commission from 1994-2000 and Chairman of the York County Planning Commission from 1990-1995.

General Qualifications:
* Mr. Richardson was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Richardson was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Richardson was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Richardson was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Richardson was evaluated as having an AVERAGE potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Richardson was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

SIXTH DISTRICT:

MIGNON L. CLYBURN

Address: 16 Darlington Avenue
Charleston, South Carolina 29403

Overall Recommendation:
Ms. Clyburn was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.

Test Score: (rated as "Outstanding" for an incumbent)
* Ms. Clyburn had an overall score of 81.
* Ms. Clyburn received the 2nd highest overall score.
* Ms. Clyburn received the 2nd highest score of the 6 incumbents seeking re-election to the PSC. *

Mignon Leticia Clyburn was born on March 22, 1962, in Charleston, South Carolina. She graduated from Keenan High School in 1980 and received a Bachelor of Science degree in Business Administration from the University of South Carolina in 1984. She is single. Prior to being elected to the Public Service Commission in 1998, she was editor and general manager of a weekly newspaper, the Coastal Times. She held that position from 1984-1998. She is also an officer in Indigo Holdings (which is engaged in single dwelling real estate investments). Ms. Clyburn is a member of the National and Southeastern Association of Regulatory Utility Commissioners.

General Qualifications:
* Ms. Clyburn was evaluated as having OUTSTANDING experience to serve on the PSC.
* Ms. Clyburn was evaluated to be of COMMENDABLE temperament to serve on the PSC.
* Ms. Clyburn was evaluated to have an ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Ms. Clyburn was evaluated to have an OUTSTANDING substantive knowledge of the operations of the PSC.
* Ms. Clyburn was evaluated as having an OUTSTANDING potential aptitude for meaningful leadership and/or service at the PSC.
* Ms. Clyburn was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the PSC. *

LEO EARL DAWKINS

Address: 446 Thomas Road
Florence, South Carolina 29501

Overall Recommendation:
Mr. Dawkins was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.

Test Score: (rated as "Average" for a non-incumbent)
* Mr. Dawkins received an overall score of 57.
* Mr. Dawkins received the 20th highest overall score.
* Mr. Dawkins received the 15th highest score out of 22 non-incumbent applicants. *

Mr. Dawkins was born on August 21, 1934, in Florence, South Carolina. He married Barbara Peterson Dawkins on November 21, 1956, and they have two children. Mr. Dawkins is a graduate of McClenaghan High School. He served in the United States Navy for ten years receiving the rank of E5P2 and was honorably discharged. Mr. Dawkins has also worked for the United States Postal Service for over thirty years and has been a member of the Central United Methodist Church for forty years. He currently works part time with the Jim Stewart State Farm Insurance Company.

General Qualifications:
* Mr. Dawkins was evaluated to be of AVERAGE experience to serve on the PSC.
* Mr. Dawkins was evaluated to be of APPROPRIATE temperament to serve on the PSC.
* Mr. Dawkins was evaluated to have an AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the PSC.
* Mr. Dawkins was evaluated to have an AVERAGE substantive knowledge of the operations of the PSC.
* Mr. Dawkins was evaluated as having AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service at the PSC.
* Mr. Dawkins was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the PSC. *

Respectfully submitted,

SENATE MEMBERS:

/s/The Honorable Donald H. Holland, Chairman
/s/The Honorable Arthur Ravenel, Jr.
/s/The Honorable Thomas C. Alexander

SENATE PUBLIC MEMBERS:

/s/The Honorable Holly A. Cork
/s/Helen T. Zeigler, Esquire

HOUSE MEMBERS:

/s/The Honorable Kenneth Kennedy
/s/The Honorable G. Ralph Davenport, Jr.
/s/The Honorable James S. Klauber

HOUSE PUBLIC MEMBERS:

/s/The Honorable Dave C. Waldrop
/s/Mr. John V. Rowell
Received as information.

Document No. 2712
Agency: Department of Social Services
Statutory Authority: 1976 Code Section 20-7-2250
Residential Group Care Organizations for Children
Received by Speaker of the House of Representatives
April 23, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration August 21, 2002 (Subject to Sine Die Revision)
Withdrawn and Resubmitted February 8, 2002

Document No. 2673
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-2-10
Environmental Protection Fees
Received by Speaker of the House of Representatives
February 1, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs_Committee
Legislative Review Expiration June 1, 2002
Withdrawn and Resubmitted February 9, 2002

Document No. 2610
Agency: Department of Public Safety
Statutory Authority: 1976 Code Section 23-6-10
Article 9. In Car Camera Videotaping Equipment
Received by Speaker of the House of Representatives
June 6, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration June 16, 2002 (Subject to Sine Die Revision)
Withdrawn and Resubmitted February 10, 2002

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

Document No. 2731
Agency: Clemson University, State Livestock-Poultry Health Commission
Statutory Authority: 1976 Code Section 47-4-50
Diseases and Health Documentation
Received by Speaker of the House of Representatives
May 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration September 6, 2002 (Subject to Sine Die Revision)

Document No. 2727
Agency: Clemson University/State Crop Pest Commission
Statutory Authority: 1976 Code Sections 46-9-40 and 46-9-60
Witchweed Quarantine
Received by Speaker of the House of Representatives
May 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration September 6, 2002 (Subject to Sine Die Revision)

The following was received:

Columbia, S.C., May 9, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1200:

S. 1200 (Word version) -- Senators J. V. Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn, Richardson, Peeler and Bauer: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO SIX PERCENT WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 9, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1005:

S. 1005 (Word version) -- Senators J. V. Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman, O'Dell, Leventis, Bauer, Drummond, Elliott, Ford, Glover, Gregory, Holland, Hutto, Jackson, Land, Matthews, McConnell, McGill, Moore, Patterson, Pinckney, Rankin, Reese, Richardson, Saleeby, Setzler, Short, Verdin and Waldrep: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 9, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Martin, Waldrep and Hutto of the Committee of Conference on the part of the Senate on S. 1085:

S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.

Very respectfully,
President
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

May 9, 2002
The Honorable David H. Wilkins
Speaker of the House
Room 508, Blatt Building
Columbia, South Carolina 29211

Dear Mr. Speaker:
I am hereby vetoing R. 295 (H. 3240) and returning the bill to the House. This bill changes the annual budget process of the Charleston School District by requiring the school board trustees to submit to the Charleston County Council the school district's proposed budgets for each ensuing school year.
I have consistently maintained that South Carolina schools are no place for partisan politics. I recently vetoed Senate Bill 933, which provided for the partisan election of school board members in Charleston County, for that very reason. H. 3240 is merely another attempt to shift ultimate school district authority away from the nonpartisan school board to a partisan elected body.
Charleston County voters have elected representatives to manage their school business and have voiced quite clearly their opposition to politicizing school business. Members of Charleston County Council, who have little day-today involvement in school operations have also expressed to me their unanimous opinion that this bill is ill-advised. Consequently, I am returning H. 3240 to the House of Representatives with my veto.

Sincerely,
Jim Hodges
Governor

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

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET", AND "STRETCH"; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE FOR THE USE OF SKIM-BOW NETS SO AS TO PROVIDE THAT SKIM-BOW NETS MUST BE USED FROM HIGH LAND OR STRUCTURES AFFIXED TO HIGH LAND WITHOUT POWER ASSISTED DEVICES; TO AMEND SECTION 50-5-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE "ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS NOT ILLEGAL PER SE MAY BE DONATED TO A NON-PROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT OF NATURAL RESOURCES, THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, AND TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-335, CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO COMBINE AND EXPAND THE PROVISIONS FOR PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED REGULATIONS; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS AS TO SHAD AND HERRING, SO AS TO PROVIDE FOR THE USE OF SKIM-BOW NETS WITHIN THE SPECIAL PROVISIONS RELATING TO SHAD AND HERRING; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE A DUPLICATE PROVISION; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO CONFORM LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO CHANGE A REFERENCE TO THE APPEAL AUTHORITY FROM ARTICLE 3, CHAPTER 23, TITLE 1 OF THE CODE TO ARTICLE 5, CHAPTER 23, TITLE 1 OF THE CODE; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE PASSENGERS AMONG THOSE WHO MAY BE GUILTY OF VIOLATING THE SECTION, AND TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE.
Ordered for consideration tomorrow.

The following was introduced:

H. 5260 (Word version) -- Rep. Gourdine: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MINISTER SUSIE R. PENTECOST OF BERKELEY COUNTY FOR HER MANY OUTSTANDING DEEDS AND HER WONDERFUL SERVICE TO THE PEOPLE OF HER COMMUNITY AND THE STATE.

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

The Senate sent to the House the following:

S. 1255 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 121 WHICH BEGINS AT THE EDGEFIELD-SALUDA COUNTY LINE AND ENDS AT THE NEWBERRY-SALUDA COUNTY LINE THE "VETERAN'S MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 1264 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 23 IN SALUDA COUNTY THAT IS ONE MILE NORTH OF MONETTA, SOUTH CAROLINA, AND WHICH IS ACROSS FROM THE WATSON PACKING SHED, IN MEMORY OF DEPUTY SHERIFF ALLEN "PETE" MYERS OF SALUDA, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 1277 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF FRANK WEEKS OF LONE STAR UPON HIS DEATH FROM INJURIES SUSTAINED IN A RECENT AUTOMOBILE ACCIDENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

H. 5261 (Word version) -- Reps. Wilkins, J. Brown, Cato, Harrell, Harrison, Kelley, Sharpe, W. D. Smith, Townsend and Witherspoon: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE EXECUTIVE DEPARTMENT OF STATE GOVERNMENT BY ADDING SECTION 22, SO AS TO PROVIDE THAT THE GOVERNOR, IN EXERCISING THE AUTHORITY TO VETO SPECIFIC ITEMS IN BILLS OR JOINT RESOLUTIONS APPROPRIATING STATE FUNDS MUST CONFORM TO THE REQUIREMENT OF THE STATE CONSTITUTION THAT THE STATE'S BUDGET PROCESS MUST ENSURE THAT ANNUAL STATE EXPENDITURES MAY NOT EXCEED ANNUAL STATE REVENUES.
Referred to Committee on Ways and Means

H. 5262 (Word version) -- Rep. G. Brown: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE LEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS 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. G. BROWN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 732 (Word version) -- Senator Grooms: A BILL TO AMEND ACT 507 OF 1996, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF ADDITIONAL OFFICERS, THE EMPLOYMENT OF A DIRECTOR AND STAFF POSITIONS, AUTHORIZE THE BOARD TO ADOPT BYLAWS, AND ESTABLISH ATTENDANCE REQUIREMENTS.
Referred to Colleton Delegation

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

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Howard                 Huggins
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 Webb
Weeks                  Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

I came in after the roll call and was present for the Session on Tuesday, May 14.

Bill Cotty                        Lonnie Hosey
Brenda Lee                        Walter Lloyd
Karl Allen                        Anne Parks
Robert Walker                     Kenneth Kennedy
Becky Martin                      Seth Whipper

The SPEAKER granted Rep. RODGERS a leave of absence for the week due to medical reasons.

The SPEAKER granted Rep. TROTTER a leave of absence for the week due to business reasons.

Announcement was made that Dr. Del Schutte of Charleston is the Doctor of the Day for the General Assembly.

Rep. LOURIE and the Richland Delegation presented to the House the Richland Northeast High School's Model United Nations Club, first place winners for the thirteenth time at the National High School Model United Nations Conference and their coach.

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."

Bill Number:     H. 5115 (Word version)
Date:     ADD:
05/14/02     WHITE

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

S. 1205 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT AT-LARGE.

S. 1266 (Word version) -- Senator McGill: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS 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.

Rep. ALTMAN moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted:

S. 117 (Word version) -- Senators Ravenel, Branton, Grooms and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE BOARD TO BE ELECTED FROM THE EAST OF COOPER AREA AS DEFINED HEREIN BEGINNING IN 2002.

The following Bill was taken up:

S. 715 (Word version) -- Senators McConnell, J. V. Smith, Hawkins and Peeler: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11702AC02), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting:
/SECTION     1.     Section 14-7-1110 of the 1976 Code is amended to read:

"Section 14-7-1110.     Any A person who is arraigned indicted for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery an A, B, C, or D Class Felony, or any other offense that carries a maximum term of imprisonment of fifteen years or more, except for a capital offense, is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. A person who is indicted for a capital offense has the right to peremptory challenges not exceeding ten, and the State in these cases has the right to peremptory challenges not exceeding five. Any A person who is indicted for any other crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where there is more than one defendant jointly tried are more than twenty peremptory challenges allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly tried the State has ten challenges."/
Amend the bill further, by deleting SECTION 4 of the bill and inserting:
/SECTION     4.     This act takes effect July 1, 2002./
Amend the bill further, by adding appropriately numbered SECTIONS to read:
/SECTION __. The 1976 Code is amended by adding:

"Section 14-7-1122.     (A)     In conjunction with the adoption of peremptory strike equalization provisions, in order to ensure fairness to all litigants in the criminal and civil courts of record in South Carolina, in all cases triable by a jury, voir dire panels of six prospective jurors must be permitted to be conducted by opposing counsel for a period of not more than thirty minutes per party for each six member panel. This attorney voir dire time period must be determined by agreement between counsel, or upon failure of counsel to agree, at the determination of the trial judge so long as within the time parameters.
(B) Voir dire conducted pursuant to this section is limited to potential juror bias, prejudice, or inability to listen, understand, or follow the evidence or the law of the case.
(C) This section does not apply to:
(1) offenses triable in magistrate's court when the maximum penalty for the offense is thirty days or less;
(2) voir dire of individual jurors in cases in which the death penalty may be imposed."
SECTION     __.     The 1976 Code is amended by adding:

"Section 22-5-920.     (A)     Following a first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section.
(B) After the expungement, the South Carolina Law Enforcement Division shall maintain a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
(C) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION __.     The 1976 Code is amended by adding:

"Section 22-5-115.     (A)     Notwithstanding another provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case if the sworn statement establishes probable cause that the alleged crime was committed. The summons must express adequately the charges against the defendant. If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant.
(B)     The Attorney General must design the form containing the summons to appear. The form must include:
(1)     an affidavit that establishes probable cause;
(2)     a description of the charges against the defendant;
(3)     the date, time, and place of the trial;
(4)     the name of the issuing officer;
(5)     the defendant's and affiant's name, address, and telephone number;
(6)     the date and location of the incident; and
(7)     notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest.
(C)     A summons issued pursuant to this section must be tracked in the same manner as an arrest warrant."
SECTION     __.     Section 8-13-1354 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"Section 8-13-1354.     A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter in all capital letters and in fourteen point type or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
SECTION     __.     Section 16-3-26(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

"(A)     (1)     Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(2)     When a solicitor gives a defense attorney notice of intent to seek the death penalty, he also must provide a copy of the notice of intent to seek the death penalty to the court administrator of this State and to the Commission on Indigent Defense. If not contained in his notice, the solicitor notifying the court administrator of his intent to seek the death penalty in a death penalty case must simultaneously provide the court administrator with the information required by Section 14-29-10."
SECTION     __.     Title 14 of the 1976 Code is amended by adding:

Section 14-29-10.     (A)     When a solicitor gives a defense attorney notice of the solicitor's intent to seek the death penalty as required under Section 16-3-26, the solicitor also must provide a copy of his notice of intent to seek the death penalty to the court administrator of this State.
(B) The solicitor's notice to the court administrator also must include the date notice is made, the alleged crime, the date the alleged crime occurred, the county in which the alleged crime occurred, demographic information about the victim, and the person or persons charged with the crime, including their age, race, sex, and ethnic background.
(C) The court administrator must use data provided by the solicitors to maintain records and statistics regarding the basic information submitted by the solicitors.
(D) The Office of Court Administration must compile, collate, index, and maintain a file of the information required by subsection (B). The file must be available to the general public during the normal business hours of the offices of Court Administration.
(E) Nothing in this section may be construed to prohibit the Office of Court Administration from requiring solicitors to report any information which is required by any other statute to be reported to the office.
(F) If a person desires to question the accuracy or completeness of any information submitted by the solicitor to the Office of Court Administration, he may submit a written request to the Office of Court Administration. The request must include a statement of the alleged inaccuracy or incompleteness, and must specify any proof or corroboration available. Upon receipt of the request, the office must, within sixty days of receipt of a written request for clarification, review its information and forward the results of the review to the person requesting the review.
(G) If the office concurs in the allegations of inaccuracy or incompleteness, it must correct the record, and the office shall inform the individual of its correction of any error in the record under this subdivision within sixty days.
(H) If the office denies the allegations of inaccuracy or incompleteness in the record, the matter may at the option of the applicant be referred for administrative adjudication in accordance with the rules of the local governing body.
(I) For purposes of this section, 'Court Administrator' and 'Office of Court Administration' have the same meaning and may be used interchangeably as the context may require.
(J) Nothing in this section, nor the failure of a solicitor to notify the court administrator of his intent to seek the death penalty or to supply the court administrator with information required by this section, nor the failure of the court administrator or any other person to comply with this section, may be taken or construed to confer a benefit or defense upon a defendant charged with a criminal offense in this State."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. DELLENEY explained the amendment.
The amendment was then adopted.

Reps. HARRISON and WILKINS proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\ 11722AC02), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting:
/SECTION     1.     Section 14-7-1110 of the 1976 Code is amended to read:

"Section 14-7-1110.     Any A person who is arraigned indicted for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery an A, B, C, or D Class Felony, or any other offense that carries a maximum term of imprisonment of fifteen years or more, including a capital offense, is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any A person who is indicted for any other crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where there is more than one defendant jointly tried are more than twenty peremptory challenges allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly tried the State has ten challenges."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARRISON explained the amendment.

Rep. SCOTT raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. HARRISON continued speaking.
The amendment was then adopted.

Rep. VAUGHN moved to adjourn debate on the Bill until Thursday, May 16.
Rep. RUTHERFORD moved to table the motion, which was not agreed to by a division vote of 12 to 55.

The question then recurred to the motion to adjourn debate until Thursday, May 16, which was agreed to.

The following Bill was taken up:

S. 232 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11695AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION     1.     Title 27 of the 1976 Code is amended by adding:

Section 27-42-10.     This chapter may be cited as the 'South Carolina Vacation Rental Act'.

Section 27-42-20.     (A)     This chapter applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental as defined in this chapter.
(B) This chapter does not apply to:
(1)     lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45, including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, or provide a centralized telephone system, or provide housekeeping services at no additional charge;
(2) any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8); and (3)

(3)     rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.
Section 27-42-30.     As used in this chapter:
(1) 'Residential property' means an apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.
(2)     'Rental management company' means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals.
(4) 'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.
(5) 'Vacation rental agreement' means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.
(6) 'Vacation rental management agreement' means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.
Section 27-42-40.     (A)     An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this chapter. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:
(1) the tenant's signature on the vacation rental agreement, including electronic signatures transmitted over the internet or other similar medium;
(2) the tenant's payment of any monies towards the vacation rental agreement;
(3) the tenant's taking possession of the property subject to the vacation rental agreement.
(B) A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which may be nonrefundable, must be stated in the vacation rental agreement.
(C) A rental management company that executes a vacation rental agreement that does not conform to the provisions of this chapter or fails to execute a vacation rental agreement is subject to disciplinary action by the South Carolina Real Estate Commission under Section 40-57-145.
(D) A rental management company has a duty to inform each owner under contract with the rental management company of the owner's obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner's refusal or failure to comply with the requirements of this chapter. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rules and regulations of the South Carolina Real Estate Commission.
Section 27-42-50.     (A)     The grantee of residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than ninety days after the date the grantee's interest is recorded in the office of the register of deeds. If the vacation rental begins more than ninety days after the recording of the grantee's interest, then no party has the right to enforce the terms of the vacation rental agreement or occupancy provided for in the agreement, but the tenant is due a refund of any payments towards the agreement within forty-five days of the recording of the transfer of interest.
(B)     Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental. Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. A grantor or grantee who knowingly violates or fails to perform any duty prescribed by any provision of this chapter is liable for actual damages proximately caused to the tenant and court costs. The court may award reasonable attorney fees incurred by the prevailing party. No action may be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property defects of which an owner or rental management company had no actual knowledge.
Section 27-42-60.     If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order.
Section 27-42-70.     Failure by the owner to disclose the existence of a vacation rental agreement to the purchaser, closing attorney, lender, or title insurer does not:
(1) void the sales agreement;
(2) create an encumbrance or defect in title; or
(3) create a cause of action against the purchaser, closing attorney, lender, or title insurer for failure to discover the existence of the vacation rental agreement."
SECTION     2.     This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. EDGE explained the amendment.

Reps. GILHAM, SCOTT, SNOW, GOVAN, KELLEY, PARKS, RIVERS, BOWERS, CATO, WITHERSPOON, BALES, CHELLIS, EDGE, COOPER, CLYBURN, MILLER, MOODY-LAWRENCE and KEEGAN requested debate on the Bill.

The following Bill was taken up:

H. 5115 (Word version) -- Reps. Sandifer, Cato and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11693AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION     1.     The 1976 Code is amended by adding:

"Section 32-7-60.     (A)     There is established the Preneed Funeral Loss Reimbursement Fund which must be administered by the board. The purpose of the fund is to reimburse the estates, or in the absence of an estate filing, the purchaser or applicant with payment jointly to the funeral home providing services or merchandise or both, of beneficiaries of preneed funeral contracts who have suffered financial loss as a result of the misfeasance, fraud, default, failure, or insolvency of a South Carolina funeral home or South Carolina funeral director.
(B)     From the service charge for each preneed contract as required by Section 32-7-50 (C), the board shall deposit into the fund that portion of the charge as established by the board. The board may suspend or resume deposits into the fund at any time and for any period to ensure that a sufficient amount is available to meet likely disbursements and to maintain an adequate reserve. The maximum amount of the fund is to be five hundred thousand dollars with a five percent adjustment compounded annually.
(C)     All sums received by the board pursuant to this section must be held in a separate account maintained by the Office of State Treasurer to be used solely as provided in this section. All interest or other income earned on the fund must be retained by the fund.
(D)     Reimbursements from the fund must not exceed the total payment made for preneed funeral services or merchandise or both. No interest or future graduated insurance benefits may be reimbursed. Upon the death of the beneficiary and the applicant's compliance with all applicable rules of the board, reimbursement from the fund may be made to the estate of the beneficiary, the purchaser, or applicant with payment jointly to the funeral home providing services or merchandise or both only to the extent to which losses are not bonded or otherwise covered. If the board makes payments from the fund under this section, the board is subrogated in the reimbursed amount and may bring an action against a person, including a preneed licensee. The board may enforce claims it may have for restitution or otherwise and may employ and compensate from the fund consultants, legal counsel, accountants, and other persons it considers appropriate to assure compliance with this statute.
(E)     The board shall investigate all applications made and may reject or allow claims in whole or in part. Payment must be made to the extent that monies become available in the fund. Reimbursements for completed claims must be processed in the order in which they are received subject to availability of monies in the fund. The board has complete discretion to determine the order and manner of payment of approved applications. All payments are a matter of privilege and not a right, and no person has a right in the fund as a third party beneficiary or otherwise.
(F)     The board shall furnish a form of application for reimbursement which shall require the following minimum information:

(1)         the name and address of the applicant;

(2)         the name and address of the funeral service or funeral director, or both, who caused the loss;

(3)         the amount of the alleged loss for which application for reimbursement is made;

(4)         a copy of a preneed funeral contract or written agreement which was the basis of the alleged loss;

(5)         a copy of payment receipts or cancelled checks, or both;

(6)         a copy of the death certificate;

(7)         a general statement of facts relative to the application;

(8)         supporting documents, including copies of court proceedings and other papers indicating the efforts of the applicant to obtain reimbursement from the provider, insurance companies, or others;

(9)         documentation of any receipt of funds in partial payment of the loss; and

(10) name and address of the funeral home that provided services or merchandise or both.
(G)     This fund and all interest earned may be used only as prescribed in this section and may not be used for any other purposes. The board may expend monies from the fund to:

(1)         make reimbursements on approved applications;

(2)         purchase insurance to cover losses and board liability as considered appropriate by the board and not inconsistent with the purpose of the fund;

(3)         invest portions of the fund as are not currently needed to reimburse losses and maintain adequate reserves, as are permitted to be made by fiduciaries under state law; and

(4)         pay the expenses, other than normal operating expenses, of the board for administering the fund, including employment of legal counsel, accountants, consultants, and other persons the board considers necessary to assure compliance with this section.
(H)     No person may make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, poster or over any radio station or television station, or in any other way, any advertisement, announcement, or statement which uses the existence of the fund for the purpose of sales, solicitation, or inducement to purchase any form of preneed contract covered under this chapter.
(I)         The board may establish procedures and promulgate regulations it determines necessary to implement the purposes of the section."
SECTION     2.     Section 32-7-45 of the 1976 Code is amended to read:
"Section 32-7-45.     (A) If the a provider goes out of business or the provider's license issued by the Funeral Services Board is cancelled or the license to sell preneed funeral contracts is cancelled and application for a replacement license has not been filed, it the provider shall negotiate with the purchaser to transfer the trust fund to a provider of the purchaser's choice within thirty days submit to the board a complete listing of names and addresses of all active contracts in its possession. The provider shall also notify all contract purchasers in writing that their contracts are to be transferred to another licensed provider of the purchaser's choice. The former licensee shall then transfer the contracts and notify the board of the providers selected within sixty days of the cancellation of the preneed license. All contracts funded by burial insurance or trust funds together with interest are to be transferred. The selling provider forfeits its right to any monies it otherwise would be entitled to. If the provider fails to provide for the transfer of contracts within sixty days, the purchasers may directly request the financial institution to transfer the account balance to another provider selected by the purchaser with payment jointly to the provider and its financial institution. The purchaser may also request that an insurance company assign another provider as beneficiary for the insurance policy.
(B)     The board has jurisdiction over the provider and the burial insurance policy or trust funds together with interest of all active contracts and has the authority to accomplish the necessary transfer of preneed funeral contracts in all cases in which the purchaser has failed to effectuate the transfer to a licensed provider within six months of the date the provider's license issued by the Funeral Services Board is cancelled or the license to sell preneed funeral contracts is cancelled and an application for a replacement license has not been filed."
SECTION     3.     Section 32-7-50(A) of the 1976 Code is amended to read:
"(A)     No person may, Without first securing a license from the board a license, a person may not accept or hold payments made on a preneed funeral contract, except financial institutions. The Funeral Services Board shall revoke the license of a funeral home or funeral director, or both, accepting funds for a preneed funeral contract or other prepayment of funeral expenses without a license to sell preneed funeral contracts or for failure of a licensee to deposit these funds in trust in a federally insured account as required by Section 32-7-20(H). Application for a license must be in writing, signed by the applicant and duly verified on forms furnished by the board. Each application must contain at least the following: the full name and address, (both residence and place of business), of the applicant, and every member, officer, and director of it if the applicant is a firm, partnership, association, or corporation. Any A license issued pursuant to the application must be is valid only at the address stated in the application for the applicant or at a new address approved by the board."
SECTION     4.     This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CHELLIS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up:

S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

Rep. EASTERDAY proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1978DW02):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION     ___.     The 1976 Code is amended by adding:

"Section 59-63-70.     During the season for any high school league sport, a student, while a member of a school squad or team engaged in an interscholastic sport, may become a member of or participate in an organized team that is independent of the school's control as long as the participation does not interfere with the scheduled league games or practices of the school squad or team. A school or student shall not be declared ineligible for participation in interscholastic high school league sport because of participation of a student as a member of an organized team independent of the school's control during the interscholastic sport's season. Any student participating on both a school squad or team and an independent squad shall have on file with the school's athletic director a statement signed by the parent or guardian indicating their child or children have permission to participate on both teams and signed by the independent coach acknowledging that the student's participation shall not interfere with the scheduled league games or practices." /
Renumber sections to conform.
Amend title to conform.

Rep. EASTERDAY explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. EASTERDAY having the floor.

Rep. HARRISON asked unanimous consent to recall S. 65 from the Committee on Judiciary.
Rep. MCLEOD objected.

The Senate amendments to the following Bill were taken up for consideration:

H. 3328 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4303 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER IN THIS STATE MAY NOT BE REGISTERED.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.

Rep. HARRISON explained the Senate Amendments.

Rep. FLEMING made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The Senate amendments to the following Joint Resolution was taken up for consideration:

S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.

Rep. WEEKS explained the Senate Amendments.

The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 3174 (Word version) -- Reps. Wilkins, Coates, Davenport, Vaughn, Whatley, Simrill, Altman, Robinson, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE AND BRING ATTENTION TO THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME AS PROVIDED BY LAW, AND TO PROVIDE THAT ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS, GUARDIANS, AND TEACHERS SHALL BE ADMITTED WITHOUT CHARGE TO ALL PARKS, MUSEUMS, SCIENCE CENTERS, PLANETARIUMS, AND EDUCATIONAL FACILITIES OWNED BY OR UNDER THE CONTROL OF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION WHICH CHARGES A FEE FOR ADMISSION IN ORDER TO FURTHER THE EDUCATIONAL OPPORTUNITIES OF HOME SCHOOL STUDENTS.

Rep. TOWNSEND explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 3101 (Word version) -- Reps. Huggins, Robinson, Wilder, Altman, Clyburn and Campsen: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.

Rep. HARRISON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The motion period was dispensed with on motion of Rep. FLEMING.

The following Bill was taken up:

H. 3592 (Word version) -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF A PERSON TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION FROM A COUNTY THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS IMPOSED UPON DEPARTMENT OF TRANSPORTATION COMMISSION MEMBERS, SO AS TO ALLOW A COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND TO PROVIDE THAT A RESIDENT COMMISSION MEMBER WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE REPLACED BY A PERSON WHO RESIDES IN ANOTHER COUNTY WITHIN THE DISTRICT.

Rep. TOWNSEND moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.

Rep. FLEMING moved that the House recur to the Morning Hour, which was agreed to.

The following was received:

Columbia, S.C., May 14, 2002
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

The following was introduced:

H. 5263 (Word version) -- Reps. Freeman, Jennings and Neilson: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF MRS. ELIZABETH DIXON McLAURIN OF CHERAW AND TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS UPON HER PASSING.

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

The following was introduced:

H. 5264 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND OTTO MORRELL OF BAMBERG FOR HIS CONTRIBUTIONS AND VOLUNTEER EFFORTS THROUGHOUT BAMBERG COUNTY AND CONGRATULATE HIM ON HIS NOMINATION FOR THE BAMBERG COUNTY OFFICE ON AGING VOLUNTEER OF THE YEAR AWARD.

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

The following was introduced:

H. 5265 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION RECOGNIZING THE SOUTH CAROLINA WATERMELON FESTIVAL ON ITS SIXTIETH ANNUAL EVENT, AND SALUTING THE WATERMELON FESTIVAL AS THE LONGEST CONTINUING SUCH EVENT IN THE STATE.

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

The following was introduced:

H. 5266 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND M. GAULT "BUNNY" BEESON, JR., FOR HIS OUTSTANDING CONTRIBUTIONS TO PRESERVING WILDLIFE HABITAT AND NATURAL RESOURCES THROUGH WILDLIFE ACTION, INC., AS IT CELEBRATES ITS TWENTY-FIFTH ANNIVERSARY.

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

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

H. 5267 (Word version) -- Reps. Sinclair, Talley, R. Brown, Coleman, Merrill, Rivers, Sheheen, W. D. Smith and Weeks: A BILL TO AMEND SECTION 38-71-1940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A HEALTH INSURANCE CARRIER PROVIDE NOTICE TO AN INSURED ON THE RIGHT TO REQUEST AN EXTERNAL REVIEW OF A DENIAL OF COVERAGE, SO AS TO PROVIDE THAT AN ADVERSE DETERMINATION INCLUDES DENIAL OF COVERAGE BASED ON MEDICAL NECESSITY OR OTHER CLINICAL DECISIONS; TO AMEND SECTION 38-71-1960, RELATING TO THE REQUIREMENT THAT AN INSURED EXHAUST THE HEALTH CARRIER'S INTERNAL APPEAL PROCESS BEFORE SEEKING AN EXTERNAL REVIEW, SO AS TO REQUIRE THE CARRIER TO SUBMIT ITS INTERNAL APPEAL PROCEDURES AND THE TIME PERIODS WITHIN WHICH THE APPEAL MUST BE CONDUCTED AND COMPLETED TO THE DEPARTMENT OF INSURANCE FOR APPROVAL; TO AMEND SECTION 38-71-1970, RELATING TO REQUESTS FOR EXTERNAL REVIEW, SO AS TO CLARIFY THAT FAILURE BY A HEALTH CARRIER TO PROVIDE DOCUMENTS TO THE INDEPENDENT REVIEW ORGANIZATION MAY NOT DELAY THE EXTERNAL REVIEW AND TO FURTHER CLARIFY THAT IN CONVENING THE EXTERNAL REVIEW PANEL, THE HEALTH CARRIER MAY REQUEST, RATHER THAN REQUIRE, A CERTAIN NUMBER OF HEALTH PROFESSIONALS BE SEATED ON THE PANEL; AND TO AMEND SECTION 38-71-1980, AS AMENDED, RELATING TO EXPEDITED EXTERNAL REVIEW, SO AS TO CLARIFY PROCEDURES RESULTING FROM A HEALTH CARRIER FAILING TO PROVIDE DOCUMENTS WITHIN THE REQUIRED TIME PERIODS.
Referred to Committee on Labor, Commerce and Industry

H. 5268 (Word version) -- Rep. Bowers: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A TASK FORCE FOR THE PURPOSE OF CONDUCTING AN EVALUATION OF ALL STATE LAWS AND REGULATIONS PERTAINING TO THE INCINERATION OF MEDICAL WASTE AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS NO LATER THAN DECEMBER 1, 2002.
Rep. BOWERS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. WITHERSPOON objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 5269 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.
Referred to Committee on Judiciary

Rep. SCOTT moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

At 1:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R315, S. 680 (Word version)) -- Senator Ravenel: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREA FROM WHICH A MEMBER OF THE BOARD SHALL BE ELECTED IN 2002 AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN 2002, AND EVERY TEN YEARS THEREAFTER BASED ON THE RESULTS OF THE DECENNIAL CENSUS, SHALL ALSO PROVIDE BY LAW FOR FURTHER REAPPORTIONMENT OF THE NUMBER OF THE MEMBERS OF THE BOARD WHO MUST RESIDE IN SPECIFIED AREAS TO REFLECT POPULATION CHANGES SINCE THE LAST DECENNIAL CENSUS.

(R316, S. 813 (Word version)) -- Senator Gregory: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.

(R317, S. 926 (Word version)) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO REQUIRE THE STATE PORTS AUTHORITY TO BEGIN ENVIRONMENTAL IMPACT STUDIES AND OTHER REQUIRED ACTIONS IN REGARD TO THE PERMITTING PROCESS TO LOCATE A NEW TERMINAL FACILITY ON THE WEST BANK OF THE COOPER RIVER AT A LOCATION IT DETERMINES APPROPRIATE, TO ESTABLISH CERTAIN CRITERIA TO BE USED IN REGARD TO THE LOCATION OF THIS TERMINAL FACILITY, TO AUTHORIZE THE STATE PORTS AUTHORITY TO BEGIN THE PROCESS OF ACQUIRING ANY REAL PROPERTY NECESSARY FOR THIS NEW FACILITY AT THIS LOCATION, TO PROVIDE THAT THE PORTS AUTHORITY AT THE COMPLETION OF THE PERMITTING PROCESS SHALL RENDER A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE NEW TERMINAL FACILITY WHICH SHALL INCLUDE A PROPOSED REQUEST FOR ANY STATE FUNDING NECESSARY TO COMPLETE THE PROJECT, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAYS DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK ARE DIRECTED TO EXPLORE ALL POTENTIAL OPPORTUNITIES FOR FEDERAL FUNDING OF THE INFRASTRUCTURE ENHANCEMENTS FOR PORT EXPANSION ON THE WESTERN SIDE OF THE COOPER RIVER, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL TAKE APPROPRIATE STEPS TO PROVIDE INDEMNIFICATION TO THE STATE PORTS AUTHORITY BOARD MEMBERS FROM ANY PERSONAL LIABILITY RELATED TO THEIR SERVICE ON THE BOARD IN REGARD TO FUNDING PROVIDED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK FOR THE COOPER RIVER BRIDGE, AND TO PROVIDE THAT A STATE ENTITY WHICH ACQUIRES REAL PROPERTY FROM THE FEDERAL GOVERNMENT OR FROM A STATE INSTRUMENTALITY OR REDEVELOPMENT AGENCY WHICH ACQUIRED IT FROM THE FEDERAL GOVERNMENT SHALL BE PERMITTED THE SAME USE OF THE PROPERTY AS WAS THE FEDERAL GOVERNMENT AND TO PROVIDE THAT NO COUNTY OR MUNICIPALITY BY ZONING OR OTHER MEANS MAY RESTRICT THIS PERMITTED USE OR ENJOYMENT OF THE PROPERTY.

(R318, S. 969 (Word version)) -- Senator Martin: AN ACT TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

(R319, S. 1001 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES IN PUBLIC ON STATE COMMISSION OF FORESTRY LANDS EXCEPT WHERE SPECIFICALLY AUTHORIZED BY THE COMMISSION AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

(R320, S. 1045 (Word version)) -- Senator Thomas: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.

(R321, S. 1061 (Word version)) -- Senators Ravenel, Hutto, McConnell and Giese: AN ACT TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.

(R322, S. 1200 (Word version)) -- Senators J. V. Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn, Richardson, Peeler and Bauer: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO FIVE AND ONE-HALF PERCENT OF GENERAL FUND REVENUES OF THE PRECEDING FISCAL YEAR WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.

(R323, S. 1221 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R324, H. 3868 (Word version)) -- Reps. A. Young, Keegan and Koon: AN ACT TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARD OF CANVASSERS, SO AS TO MOVE FROM THURSDAY TO FRIDAY AFTER THE ELECTION THE TIME FOR THE BOARD TO MEET.

(R325, H. 3957 (Word version)) -- Reps. J.E. Smith and Allison: AN ACT TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.

(R326, H. 3976 (Word version)) -- Reps. Coates, J. Hines, Askins and McGee: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR FLORENCE COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR FLORENCE COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, PROVIDE FOR THE COMPENSATION OF MEMBERS OF THE COMMISSION, THE ORGANIZATION OF THE COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE FLORENCE COUNTY ELECTION COMMISSION AND THE FLORENCE COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FLORENCE COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE, PROVIDE FOR REMOVAL OF COMMISSIONS UNDER CERTAIN CONDITIONS, AND TO DIRECT THE CODE COMMISSIONER TO MAKE CORRECTIONS TO CERTAIN REFERENCES IN THE CUMULATIVE SUPPLEMENT TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

(R327, H. 4030 (Word version)) -- Reps. Easterday and McLeod: AN ACT TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

(R328, H. 4412 (Word version)) -- Reps. Scarborough, Altman, Coates and Campsen: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLES 44, 94, AND 97, SO AS TO PROVIDE, RESPECTIVELY, FOR THE ISSUANCE OF SHARE THE ROAD LICENSE PLATES, A SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE, AND THE HERITAGE CLASSIC FOUNDATION SPECIAL LICENSE PLATE; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT FROM THE FUNDS COLLECTED FOR THESE LICENSE PLATES, SUFFICIENT FUNDS MUST BE SET ASIDE FOR USE BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL PLATE.

(R329, H. 4419 (Word version)) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: AN ACT TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO KEEP A RECORD OF THE TRUSTEES WHO COMPLETE THE ORIENTATION PROGRAM; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO THE DEVELOPMENT AND CONTENT OF ANNUAL REPORT CARDS FOR SCHOOLS AND SCHOOL DISTRICTS, SO AS TO REQUIRE THE PERCENTAGE OF NEW TRUSTEES WHO COMPLETE THE ORIENTATION PROGRAM TO BE REFLECTED IN THE DISTRICT'S ANNUAL REPORT CARD; AND TO ADD SECTION 59-40-200 SO AS TO PROVIDE THAT IF A PROVISION IN THE SOUTH CAROLINA CHARTER SCHOOL ACT OF 1996 IS FOUND UNCONSTITUTIONAL, THE REMAINING PROVISIONS OF THAT ACT ARE VALID AND ARE NOT AFFECTED BY THE UNCONSTITUTIONAL PROVISION.

(R330, H. 4530 (Word version)) -- Rep. Sharpe: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.

(R331, H. 4629 (Word version)) -- Reps. Harrison, McGee, Lucas and McLeod: AN ACT TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE, TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING, CONCEALING, CONTAINING, POSSESSING, OR MANUFACTURING THIS DRUG ARE SUBJECT TO FORFEITURE.

(R332, H. 4869 (Word version)) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J.H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D.C. Smith, J.E. Smith, J.R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160, SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL, AND 911 TELECOMMUNICATORS.

(R333, H. 4882 (Word version)) -- Reps. Freeman, Jennings, Lucas and Neilson: AN ACT TO AMEND ACT 587 OF 1994, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO DELETE THE PROVISIONS MAKING THE CLERK AN EX OFFICIO MEMBER OF THE BOARD AND PROVIDING FOR THE CLERK TO RECEIVE A SALARY IN ADDITION TO THAT AMOUNT PAID TO MEMBERS OF THE BOARD, AND AUTHORIZE THE BOARD TO HIRE A DIRECTOR TO PERFORM SUCH RESPONSIBILITIES AS THE BOARD SHALL DETERMINE.

(R334, H. 4954 (Word version)) -- Reps. Townsend, Martin, W.D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J.H. Neal, J.M. Neal, D.C. Smith, Stille, Stuart, Walker and Webb: AN ACT TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.

(R335, H. 5088 (Word version)) -- Rep. Vaughn: AN ACT TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.

(R336, H. 5160 (Word version)) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON APRIL 12, 2002, BY THE STUDENTS OF GRANARD MIDDLE SCHOOL IN THE CHEROKEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO FIRE 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.

(R337, H. 5181 (Word version)) -- Reps. J. Young and Weeks: AN ACT TO RENAME SUMTER LANDING/PACK'S MARINA IN SUMTER COUNTY ON LAKE MARION AS PACK'S LANDING.

(R338, H. 5191 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF SCHOOL TAX MILLAGE FOR SPECIFIED PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, AND ENDING JUNE 30, 2003.

(R339, H. 5212 (Word version)) -- Reps. Sharpe, Witherspoon and Rhoad: A JOINT RESOLUTION TO PROHIBIT POULTRY FROM STATES HAVING FLOCKS THAT HAVE TESTED POSITIVE FOR AVIAN INFLUENZA FROM ENTRY INTO THIS STATE UNTIL THIRTY DAYS AFTER DEPOPULATION, CLEANING, AND DISINFECTION OF THE FINAL CONFIRMED AVIAN INFLUENZA PREMISES IN THE POSITIVE STATE, AND TO PROVIDE THAT POULTRY PARTICIPATING IN EXHIBITIONS CONDUCTED IN A POSITIVE STATE AFTER MARCH 1, 2002, MUST TEST NEGATIVE FOR AVIAN INFLUENZA PRIOR TO PARTICIPATION IN A SOUTH CAROLINA EXHIBITION.

(R340, H. 5216 (Word version)) -- Reps. Kirsh, Meacham-Richardson, McCraw, Delleney and Simrill: AN ACT TO ESTABLISH AND REAPPORTION ELECTION DISTRICTS IN WHICH FIVE OF THE SEVEN TRUSTEES OF THE CLOVER SCHOOL DISTRICT NO. 2 OF YORK COUNTY ARE REQUIRED TO RESIDE AND PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES.

The Senate returned to the House with concurrence the following:

H. 5169 (Word version) -- Reps. Limehouse and Tripp: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO PROMPTLY PASS COMPREHENSIVE TRANSPORTATION SECURITY LEGISLATION WHICH PROVIDES THE FEDERAL FRAMEWORK FOR RULES AND PROCEDURES DESIGNED TO ENHANCE SECURITY AT THE NATION'S PORTS, WATERFRONT INDUSTRIAL FACILITIES, AND OTHER TRANSPORTATION-RELATED FACILITIES.

H. 5250 (Word version) -- Reps. Lourie, Bales, Loftis, Kennedy, Koon, Leach, J. Hines, J. E. Smith, Harrell, Kirsh, Coleman, Miller, Lloyd, Bingham, Cotty, Sinclair, Whatley, Altman, Emory, Allen, R. Brown, Chellis, Clyburn, Davenport, Edge, Freeman, Gourdine, Govan, Harrison, Haskins, Howard, Klauber, Lee, Limehouse, McCraw, McGee, McLeod, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Phillips, Rhoad, Rice, Riser, Rivers, Rutherford, Scarborough, Scott, D. C. Smith, F. N. Smith, G. M. Smith, Snow, Stille, Talley, Taylor, Townsend, Walker, Webb, Wilder and Wilkins: A CONCURRENT RESOLUTION TO DECLARE THE SUPPORT OF THE STATE OF SOUTH CAROLINA FOR THE STATE OF ISRAEL AND TO URGE ALL STATES AND NATIONS TO JOIN IN SUPPORTING THIS GREAT COUNTRY IN ITS FIGHT AGAINST TERRORISM.

H. 5252 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND AND EXTOL CHARLES ALLEN RIDGEWAY, MAYOR OF THE TOWN OF SUMMERTON, FOR HIS ENTHUSIASM AND DEDICATION BY KEEPING HIS CAMPAIGN PROMISES TO CLEAN UP, FIX UP, AND IMPROVE THE QUALITY OF LIFE IN THE TOWN AND TO EXTEND BEST WISHES FOR GOOD HEALTH, HAPPINESS, AND PROSPERITY IN ALL HIS FUTURE ENDEAVORS.

H. 5253 (Word version) -- Rep. D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND NANCY M. SMITH OF AIKEN COUNTY, FOR HER LONG AND OUTSTANDING CAREER AS A TEACHER, PRINCIPAL, AND ADMINISTRATOR AND TO WISH HER MANY YEARS OF HEALTH AND HAPPINESS UPON HER RETIREMENT.

H. 5258 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. SANK L. ANDERSON, OF RICHLAND COUNTY, ON CELEBRATING THEIR FIFTY-SIXTH WEDDING ANNIVERSARY ON MAY 27, 2002.

At 1:15 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of Whaley S. Barton III, son of interim Chaplain Whaley S. Barton, Jr., to meet at 10:00 a.m. tomorrow.

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