South Carolina House Journal - May 15, 2002 - South Carolina Legislature Online

South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives

Printed Page 3291 . . . . . Wednesday, May 15, 2002

Wednesday, May 15, 2002
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Representative LEACH as follows:

Let us continue to remember the needs of the House members and staff to the Lord. Almighty God, and loving heavenly Father, hear our prayer and bless us according to Your mercy. Search our heart, O Lord, and if there be an iniquity, cleanse us with Your love and forgiveness. We claim Your promise to "seek ye first the Kingdom of God and His righteousness and the rest shall be added unto you." In You, Lord, we put our trust. Bless this House, our leaders and every member of the staff. Give us Godly wisdom that we may please You and serve our fellowman. This we ask in the name of our Lord. Amen.

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

After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.

REPORT RECEIVED

The following was received:

Judicial Merit Selection Commission
Report of Candidate Qualifications

Date Draft Report Issued: Tuesday, May 14, 2002

Date and Time
Final Report Issued: Thursday, May 16, 2002 at 10:00 a.m.

Judicial candidates are not free to seek
or accept commitments until
Thursday, May 16, 2002
at 10:00 a.m.

Printed Page 3292 . . . . . Wednesday, May 15, 2002

INTRODUCTION

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission operates under the law which went into effect July 1, 1997, and which dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.
The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started in 1997. The Commission has asked candidates their views on issues peculiar to service on the court to which they seek election. These questions were posed in an effort to provide members of the General Assembly with more information about candidates and the candidates' thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.
The Commission also used the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. Since the decisions of our judiciary play such an important role in people's personal and professional lives, the Commission believes that all South Carolinians should have a voice in the selection of the State's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These committees, composed of people from a broad range of experience (doctors, lawyers, teachers, businessmen, and advocates for varied organizations; members of these committees are also diverse in their racial and gender backgrounds), were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its assigned area and also interviewed other individuals in that region who were familiar with the candidate

Printed Page 3293 . . . . . Wednesday, May 15, 2002

either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on their assigned candidates based on the Commission's evaluative criteria. The Commission then used these reports as a tool for further investigation of the candidate if the committee's report so warranted. Summaries of these reports have also been included in the Commission's report for your review.
The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation; physical health; mental health; and judicial temperament. The Commission's investigation includes the following:
(1) survey of the bench and bar;
(2) SLED and FBI investigation;
(3) credit investigation;
(4) grievance investigation;
(5) study of application materials;
(6) verification of ethics compliance;
(7) search of newspaper articles;
(8) conflict of interest investigation;
(9) court schedule study;
(10) study of appellate record;
(11) court observation; and
(12) investigation of complaints.
While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons of Conduct as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts. However, the Commission is not a forum for reviewing the individual decisions of the state's judicial system absent credible allegations of a candidate's violations of the Judicial Canons of Conduct, the Rules of Professional Conduct, or any of the

Printed Page 3294 . . . . . Wednesday, May 15, 2002

Commission's nine evaluative criteria that would impact on a candidate's fitness for judicial service.
The Commission expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.
Routine questions related to compliance with ethical Canons governing ethics and financial interests are now administered through a written questionnaire mailed to candidates and completed by them in advance of each candidate's staff interview. These issues were no longer automatically made a part of the public hearing process unless a concern or question was raised during the investigation of the candidate. The necessary public record of a candidate's pledge to uphold the canons, etc., is his completed and sworn questionnaire.
Written examinations of the candidates' knowledge of judicial practice and procedure were given at the time of candidate interviews with staff and graded on a "blind" basis by a panel of three persons designated by the Chairman. In assessing each candidate's performance on these practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.
This report is the culmination of weeks of investigatory work and public hearings. The Commission takes its responsibilities seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision.
This report conveys the Commission's findings as to the qualifications of all candidates currently offering for election to the Circuit Court in the Ninth Judicial Circuit, Seat 3, At-Large Seat 4, and the Family Court for the Fifteenth Judicial Circuit, Seat 3.

Printed Page 3295 . . . . . Wednesday, May 15, 2002

Judge Robert N. Jenkins, Sr.
Circuit Court, At-Large Seat 4

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

Based on the Commission's investigation, Judge Jenkins meets the qualifications prescribed by law for judicial service as a Circuit Court judge.

Judge Jenkins was born on August 8, 1947. He is 54 years old and a resident of Travelers Rest, South Carolina. Judge Jenkins provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1976.
(2) Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Jenkins.

Judge Jenkins demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Jenkins reported that he has not made any campaign expenditures.

Judge Jenkins testified he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator;
(c) asked third persons to contact members of the General Assembly prior to screening.

Judge Jenkins testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

Printed Page 3296 . . . . . Wednesday, May 15, 2002

(3) Professional and Academic Ability:

The Commission found Judge Jenkins to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Judge Jenkins described his continuing legal or judicial education during the past five years as follows:
"I have consistently satisfied CLE requirements in excess of basic requirements:
(a) Orientation for new Family Court Judges (1996);
(b) Annual Judicial Conference with emphasis on current legal development in Family Law (1996-1999);
(c) Annual Family Court Judges Conference, current updates in areas of interest in Practice and Procedure and Substantive Development in Family Law (1996-1999);
(d) National Council of Juvenile and Family Court Judges, Reno, Nevada Annual Conference (1998);
(e) Evidence In Juvenile and Family Court (1998);
(f) Advanced Family Law (1997);
(g) National Judicial College General Jurisdiction (2000);
(h) S.C. Bar Criminal Law Comprehensive Review (1999)."

Judge Jenkins reported that he has taught the following law-related courses:
"I have taught the Juvenile Law/Pre-Trial Diversion Course through the sponsorship of the Department of Youth Services and the local Solicitor's Office. It was a ten (10) week course designed to teach juveniles between ages 13-16 responsible civil conduct under the law, giving them exposures through site visits and guest presenters on law enforcement functions (1986-88). I have served as a presenter for the SBA Committee for Indigent Representation on the topic on Judicial Responses to Pro Se Representation (1998). I have served as a presenter for the Family Court Judges Conference on topic of Judicial Ethics (1998)."

Judge Jenkins reported that he has not published any books and/or articles.

Printed Page 3297 . . . . . Wednesday, May 15, 2002

(4) Character:

The Commission's investigation of Judge Jenkins did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Jenkins did not indicate any evidence of a troubled financial status. Judge Jenkins has handled his financial affairs responsibly.

The Commission also noted that Judge Jenkins was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:

Judge Jenkins reported he is not rated by Martindale-Hubbell.

Judge Jenkins served in the military from 8/66 through 5/69- Reg. Air Force, E-5 (Staff Sergeant) AF11820038, and also served in the active reserve from 6/69 through 8/72; Honorable Discharge: 8/72.

Judge Jenkins has previously held public office (other than his current judicial office) in the following capacities:
"1979 - 1996 Director, Legal Services Agency of Western Carolina, Inc.- appointed through selection by quasi-public Board of Directors.
1984 - 1986 State Advisory Committee on Workers' Compensation Laws- appointed by the Governor of South Carolina.
1990 - 1996 Board of Directors, South Carolina Protection and Advocacy System for the Handicapped, Inc.- appointed by Board of Directors.
1991 - 1996 The Citadel Board of Visitors- by designation for the State Superintendent of Education.
1993 - 1996 Board of Directors, South Carolina Families for Kids- appointment by Board of Directors."
(6) Physical Health:

Judge Jenkins appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:

Judge Jenkins appears to be mentally capable of performing the duties of the office he seeks.

Printed Page 3298 . . . . . Wednesday, May 15, 2002

(8) Experience:

Judge Jenkins was admitted to the South Carolina Bar in 1976.

Judge Jenkins described his legal experience since law school as follows:
"1976-79: Engaged in the active practice of law as a Staff Attorney/Managing Attorney with Legal Services Agency headquartered in Charleston, South Carolina (NLAP, Inc.).
Provided direct legal assistance to indigent clients in the areas of Family Law (50%), State/Federal Housing Law (20%), State/Federal Public Benefit Laws (15%), and State/Federal Consumer Law involved in Claim & Delivery and Deficiency Suits (10)%). Other areas of service provided included the preparation of wills and deeds; and power of attorneys for clients' financial affairs. Yearly caseload exceeded 300 cases.
In this position, I also coordinated the expansion of offices to Georgetown, Kingstree, and Beaufort Counties.
In addition, coordinated the attorneys weekly office schedule for client intake and served as the office liaison with the local courts. The office yearly caseload exceeded 5,000 cases.

1979-95: Engaged in the active practice of law as Attorney/Administrator titled: Director/General Counsel for Legal Services Agency of Western Carolina, Inc. in Greenville, South Carolina.
Fifty percent of time was devoted to client practice in association with 13 staff attorneys in the areas of: Family Law Practice (50%), Federal Consumer Law (10%) and other legal services associated with the practice of Poverty Law. I was responsible for the legal services provided through offices located in Greenville, Anderson, and Greenwood, serving those areas and the adjoining counties of Edgefield, McCormick, Abbeville, Oconee, and Pickens. The yearly total caseload exceeded 4,000 cases.
Served as legal counsel for numerous local community organizations whose missions are to improve the lives of people in poverty. Examples include: Greenville's Child, Inc., Save Our Sons, Neighborhoods In Action, The Neighborhood Economic Development Corporation, and Brockwood Senior Housing Corporation.
Served as an attorney member on the Kellogg Bar & Bench Sub-Committee of Judicial Administrative Policy, recommending Family

Printed Page 3299 . . . . . Wednesday, May 15, 2002

Court Rule changes affecting disposition of cases where the State is involved in establishing permanent placement for Foster Care children (1993-on-going).
I was responsible for the hiring and training of all staff attorneys. I was responsible for public relations with the court system and the community. I served as liaison to the local state and national bar associations.
I was responsible for managing a yearly operating budget of over one million dollars and served as the general counsel for the corporation's financial affairs with state/federal government and other regulating bodies."
Judge Jenkins further provided regarding his circuit court experience:
"My initial experience in Criminal Law Practice began through the Law School's Corrections Clinic Program where, in my senior year, under special court rule for supervised appearances, I represented inmates in Post Conviction Relief Proceedings. This essentially involved challenging their convictions based on legal defects in either the proceeding or the quality of the representation given during the prosecution of the case. This involved conducting extensive interviews with the inmates at the Central Correction Institute location, interviewing other pertinent witnesses, reviewing transcripts of the trial, and drafting pleadings and motions to challenge the convictions at the Circuit Court level.

In the past six years, as a Family Court Judge, I have presided over proceedings involving the full range of Criminal Law and Procedure in Juvenile Court. These have included taking various forms of guilty pleas, conducting Waiver hearings, Detention hearings, Adjudicatory and Dispositional hearings, and full-blown trials involving the full range of charges from misdemeanors to more serious felonies by juveniles. In these proceedings the judge acts without a jury to "find facts" and impose an appropriate sentence after receiving a history on the juvenile and his family circumstances. I have had to apply the South Carolina Rules of Criminal Procedure and Rules of Evidence in these proceedings in the same manner as applicable in the Circuit Court. During the past five years I have conducted no less than 500 cases in this area of court practice.

In the Fall of 1998, I received 40 hours of Continuing Legal Education Instructions in a four-day course entitled "Evidence in Juvenile and Family Court Proceedings" at the National Council of Juvenile and

Printed Page 3300 . . . . . Wednesday, May 15, 2002

Family Court Judges School at the University of Nevada at Reno. I believe my learning curve in Criminal Law Practice will be no greater or less than others who have come to the Circuit Court Bench. I am a very hard worker at self-improvement in whatever I do. My approach to Circuit Court Judicial Practice will be consistent with my current Judicial record in Family Court."

Judge Jenkins provided the following regarding his civil experience:
"My past experience at Circuit Court in Civil Practice is very broad and varied. In the past eighteen years of my practice prior to becoming a Family Court Judge, I served as a Staff Attorney, Managing Attorney and Director of Legal Services Programs in Charleston and Greenville Counties. The description of my practice experience is outlined herein below and above."

Judge Jenkins reported the frequency of his court appearances prior to becoming a judge as follows:
"(a) Federal: Not frequent
(b) State: Frequent."

Judge Jenkins reported the percentage of his practice involving civil, criminal, and domestic matters prior to becoming a judge as follows:
"(a) Civil: 65%
(b) Criminal: 0%
(c) Domestic: 35%."

Judge Jenkins reported the percentage of his practice in trial court prior to becoming a judge as follows:
"(a) Jury: 2%
(b) Non-jury: 98%."

Judge Jenkins provided that prior to becoming a judge he served as solo counsel 60% of the time and associate counsel 40% of the time.

The following is Judge Jenkins' account of his five most significant litigated matters:
"(a) Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U.S. Dist. Ct., Greenville, 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs

Printed Page 3301 . . . . . Wednesday, May 15, 2002

and causing wide spread evictions for improper reasons. Prosecuted as a class action, the matter was successfully resolved by court consent in favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect for the leasehold rights of public tenants.

(b) John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because right to attorneys' fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute.

(c) Greenville Housing Auth. v. Jessie Salters, 316 S.E.2d 718 (S.C. 1984). This case is important because it involved preventing a 64-year-old lady who lived in public housing all her life from being made homeless by ejectment action of the housing authority based on circumstances beyond her control.

(d) Jenkins, et al. v. American Modern Homes, et al., 90-10-5549 (Cir. Ct. Charleston County). This case involved seeking to enforce proper hazard insurance coverage for Hugo related damages against a claim of exclusion due to alleged flood damages. The issues were successfully resolved in client's favor after extensive discovery and trial preparation, thus preventing a homeless outcome for clients. (1990).

(e) Hatchcock and Shuly v. Tammy McKensie, 94-CP-23-1336 (Cir. Ct. Greenville) on Supersedeas to S.C. Supreme Court. This case involved the enforcement of client's right to continue possession of premises under the HUD Section 8 Housing Subsidy Program against improper ejectment proceeding brought by landlord. The client's mental condition complicated resolution of the issues (client is covered under the Americans with Disabilities Act (ADA). Case resolved favorable to interest of client. (1994)."

The following is Judge Jenkins' account of civil appeals he has personally handled:
"(a) Creel v. Miles, In re: Dianne Mary Miles, Supreme Court unpublished memorandum #79-179, September 1979. This case involved an unsuccessful attempt to get practical compliance with the ten-day hearing rule in cases where a minor has been taken into

Printed Page 3302 . . . . . Wednesday, May 15, 2002

protective custody through DSS and law enforcement to protect rights of the parent.

(b) Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U.S. Dist. Ct. Greenville, 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs and causing wide spread evictions for improper reasons. Prosecuted as a class action, the matter was successfully resolved by court consent in favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect for the leasehold rights of public tenants.

(c) John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because right to attorneys' fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute.

(d) Greenville Housing Auth. v. Jessie Salters, 316 S.E.2d 718 (S.C. 1984). This case is important because it involved preventing a 64 year old lady who lived in public housing all her life from being made homeless by ejectment action of the housing authority based on circumstances beyond her control."

Judge Jenkins reported the following regarding his prior judicial positions:
"I am now serving as a Circuit Family Court Judge for the 13th Judicial Circuit. My current term is through June 2002. This is a court of limited jurisdiction by statute covering Marital Litigation, juvenile cases, child dependency cases and other Domestic Relations Issues."

Judge Jenkins was reelected on February 6, 2002, for a term ending June 30, 2008.

The following is a list of Judge Jenkins' five most significant orders or opinions:
(a) Rourk v. Rourk, 95-DR-95-08-1178, Charleston, T.P.R. (Private Action) (Termination of Parental Rights) The decision disallows termination based on application of S.C. law.

Printed Page 3303 . . . . . Wednesday, May 15, 2002

(b) Wham v. Simpson, et al., Greenville, 96-DR-23-5756, T.P.R. (Private Action) (Termination of Parental Rights) The decision disallows termination based on application of S.C. law.

(c) Simons v. Simons, Greenville, 98-DR-23-550, 98-DR-23-1819; (Private marital litigation involving issues of divorce, custody, child support, equitable division of property and debts, and attorney fees.) The decision voids a purported agreement due to unequal bargaining position and legal unrepresentation of the wife. It allows issues to be presented after the wife obtained competent representation.

(d) SCDSS v. Evans, et al., Greenville, 95-DR-23-5300, 97-DR-23-1073, T.P.R. (Public Action) (Termination of Parental Rights) The decision allows termination based on S.C. law application.

(e) SCDSS v. Sturkey, et al., Greenville, 99-DR-23-258, T.P.R. (Public Action) (Termination of Parental Rights). The decision allows termination based on S.C. law application. S.C. Court of Appeals 4/22/99 - Opinion #99 affirms."

Judge Jenkins has run unsuccessfully for judicial office on two occasions:
(a) Candidate for Resident Seat #2 Circuit Court of Greenville, February 2000. Withdrew before formal vote;
(b) Candidate for Judicial Seat 3, Family Court, Greenville County, January 1992.
(9) Judicial Temperament:

The Commission believes that Judge Jenkins' temperament has been and would continue to be excellent.
(10) Miscellaneous:

The Upstate Citizens Advisory Committee reported "Judge Jenkins was found to be a most competent and excellent jurist. His qualifications greatly exceed the expectations set forth in the evaluative criteria."

The Commission noted Judge Jenkins' broad experience and recognized his reputation for treating people fairly. Members commented that Judge Jenkins is an asset to the Greenville community.

Printed Page 3304 . . . . . Wednesday, May 15, 2002

Judge Jenkins is married to Margaret Helen (Rivers) Jenkins. He has two children: Robert Nathaniel Jenkins, Jr., age 29, and Jason Matthew Jenkins, age 21.

Judge Jenkins reported that he was a member of the following bar associations and professional associations:
"(a) South Carolina Bar Association, member of the Economics of Law Practice Division;
(b) South Carolina Black Lawyers Association, member; served as its Treasurer 1976-1980;
(c) Greenville Bar Association, dues paying member;
(d) American Bar Association, member; served on the Economics of Law Practice Group;
(e) South Carolina Legal Services Advisory Group, served as Chairman 1983-1996;
(f) National Project Advisory Group for Legal Services, served as S.C. Representative (1983/96)."

Judge Jenkins provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) Allen Temple A.M.E. Church, Board of Trustees; Assistant Superintendent of Sunday School; member, Finance Commission;
(b) Association of Citadel Men, member;
(c) Northwest (Travelers Rest) YMCA - Board member, 1996 - present."

Judge Jenkins provided the following additional information:
"(a) Concurrent Resolution S. 698 from the State Legislature for Outstanding Service as a Governor Appointee to the State Committee for Improvement of Workers' Compensation Law - 1987;
(b) Certification of Appreciation Award from The State Department of Youth Services for teaching the Pre-Trial Diversion Class for Juvenile - 1985;
(c) Columbia University School of Law - Completed two weeks course in Civil Procedure taught by Judge J. Weinstein (1982);
(d) Leadership South Carolina - 1983 Graduate;
(e) Leadership Greenville - 1982 Graduate;
(f) Executive Leadership Course, Center for Creative Leadership, Greensboro, North Carolina - 1989;
(g) Received Board Member of the Year Award for board and legal services work for Greenville's Child, Inc. (1993);

Printed Page 3305 . . . . . Wednesday, May 15, 2002

(h) Received Outstanding Attorney Award for legal services rendered to the Save Our Sons, Inc. (S.O.S.), 1994. Save Our Sons is a non-profit community-based organization dedicated to reducing the rate of incarceration of African-American male juveniles by working with the Family Court System and judges as an alternative placement for structured mentoring and development;
(i) Coordinated the establishment of the Libra Society, a local volunteer organization for lawyers to give pro-bono service to indigent clients through Legal Services of Western Carolina, Inc. and the State Bar Pro-Bono Program. This has resulted in more than 115 lawyers from Greenville and Pickens Counties serving on referral panels to serve the Family and Probate Courts in the 13th Judicial Circuit;
(j) Judicial member appointed by the Chief Justice to serve on the Commission of Judicial Conduct (1996-present);
(k) Member - Family Court Judges Advisory Committee (1996-present);
(l) Chief Administrative Judge for Family Court for the 13th Judicial Circuit (Greenville and Pickens Counties) from 1/99 to 12/99;
(m) Faculty member - Family Court Judges Orientation Classes 2000/2001;
(n) Selected as one of twelve honorees on the 2001 BellSouth African-American Calendar for the State of South Carolina;
(o) Selected as the 2001 recipient of the Greenville County Human Relations Commission's R. Cooper White Award for Equality and Justice."

Gayla S. L. McSwain
Circuit Court for the Ninth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

Based on the Commission's investigation, Ms. McSwain meets the qualifications prescribed by law for judicial service.

Ms. McSwain was born on June 7, 1960. She is 41 years old and a resident of Goose Creek, South Carolina. Ms. McSwain provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1989.

Printed Page 3306 . . . . . Wednesday, May 15, 2002

(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. McSwain.

Ms. McSwain demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Ms. McSwain reported that she has not made any campaign expenditures.

Ms. McSwain testified she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator;
(c) asked third persons to contact members of the General Assembly prior to screening.

Ms. McSwain testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3) Professional and Academic Ability:

The Commission found Ms. McSwain to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.

Ms. McSwain described the focus of her continuing legal or judicial education during the past five years as follows:
"(a) arbitration and mediation certification (40 hour course);
(b) advanced workers' compensation;
(c) premises liability;
(d) labor;
(e) ethics."

Ms. McSwain reported that she has taught the following law-related courses:
"I taught a class regarding workers' compensation law to an organization consisting of legal assistants and paralegals approximately

Printed Page 3307 . . . . . Wednesday, May 15, 2002

six years ago. In 2001, I helped to present a continuing legal education seminar to the S.C. Bar that was entitled 'Objections at Trial, 2001, and How to Deal With the Difficult Lawyer.' In 2002, I helped to present a continuing legal education seminar to the S.C. Bar that was entitled 'Evidence Tactics That Win Cases.' I have been asked by two different organizations to present seminars but have declined due to time constraints."

Ms. McSwain reported that she has published the following:
"'The Legal Status of Women: An Analysis of the NOW Report and Comparison of Laws in South Carolina to Laws in Other States;' published by the South Carolina Commission on Women in January of 1990; portions were 'published' by National Public Radio."
(4) Character:

The Commission's investigation of Ms. McSwain did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Ms. McSwain did not indicate any evidence of a troubled financial status. Ms. McSwain has handled her financial affairs responsibly.

The Commission also noted that Ms. McSwain was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5) Reputation:

Ms. McSwain reported that her Martindale-Hubbell rating is "BV."

Ms. McSwain provided the following information about her military service:
"I served as a regular army officer on active duty from 1982 until 1986. I left the active duty army to go to law school. My discharge was under honorable conditions. My last active duty rank was captain. I last served on active duty as the Officer-in-Charge of a mobile PATRIOT battalion operations center in what was then the Federal Republic of Germany (West Germany). I then served as a reserve army officer from 1991 until 1994 having last served as a staff officer in the office of the Deputy Chief of Staff for Logistics for the 120th Army Command located at Fort Jackson, S.C. At that time, I was promoted to the rank of major. Lastly, I served in the Individual Ready

Printed Page 3308 . . . . . Wednesday, May 15, 2002

Reserve (IRR) from 1994 until 1997. I resigned my army commission in 1997 because my husband was also a reserve officer, and we were fearful that both of us might be called to active duty at the same time which would have resulted in someone else's having to care for our child in our absence. Also, my husband had served several more years than I; my resignation allowed him to serve enough years to retire from the army with full retirement benefits to be paid in the future."
(6) Physical Health:

Ms. McSwain appears to be physically capable of performing the duties of the office she seeks.
(7) Mental Stability:

Ms. McSwain appears to be mentally capable of performing the duties of the office she seeks.
(8) Experience:

Ms. McSwain was admitted to the South Carolina Bar in 1989.

Ms. McSwain provided the following account of her legal experience:
"I have practiced with the McNair Law Firm, P.A., since being graduated from law school in 1989, becoming a shareholder (partner) in late 1996."

Ms. McSwain further provided:
"Over the past five years, I have only handled a few criminal cases to which I have been appointed by the court. It is my recollection that I defended a juvenile who was accused of assault and battery of a high and aggravated nature (while in possession of a firearm). Currently, I have been appointed to assist a man sentenced to life in prison for murder regarding his petition for post-conviction relief.

Over the past five years, my practice has been general litigation, and I have represented plaintiffs and defendants in a very diversified practice including lawsuits that have involved business torts, personal injury, workers' compensation, premises liability, ERISA, construction, contracts, employment, mechanic's liens, landlord-tenant, family law, court-appointed criminal cases, class action suit, etc. I am also a court-certified mediator and have been mediating cases for the past two years.

Printed Page 3309 . . . . . Wednesday, May 15, 2002

I lack experience in trying criminal cases. However, I believe that I am a pretty quick study. Also, while in the Army, as acting Commander (in the absence of the Commander) of a PATRIOT battery of soldiers, I held summary hearings regarding soldiers subjected to an Article 15 procedure. I would compensate for the lack of experience by going to court and observing other judges while they try criminal cases. I also would attend any educational courses available. And, of course, there will be on-the-job training."

Ms. McSwain reported the frequency of her court appearances during the last five years as follows:
"(a) federal: many appearances;
(b) state: many appearances;
(c) other: many appearances before the Workers' Compensation Commission."

Ms. McSwain reported that the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a) civil: approximately 96%
(b) criminal: 1% (court appointed)
(c) domestic: 3% (court appointed)"

Ms. McSwain reported the percentage of her practice in trial court during the last five years as follows:
"(a) jury: approximately 50%
(b) non-jury: approximately 50%"

Ms. McSwain provided that she most often served as "chief counsel; however, during four out of the last five trials in which I have participated, I was overseeing, and being a mentor to, an associate who conducted the trial in front of the jury. Regarding non-jury matters, I was most often sole counsel."

The following is Ms. McSwain's account of her five most significant litigated matters:
"(a) Evans v. Blue Cross and Blue Shield of South Carolina, 834 F. Supp. 887 (D.S.C. 1993). I represented a third party administrator of a self-insured employer's health care benefits plan. An employee wanted the employer to pay for a medical procedure called radial keratomy, laser surgery to the eyes, because she did not like to wear glasses.

Printed Page 3310 . . . . . Wednesday, May 15, 2002

Despite the fact that the employee had never tried contact lenses, and despite the fact that the administrator informed her that the employer would not pay for the surgery, she underwent surgery and then sued the administrator for reimbursement claiming it had breached a fiduciary duty to her. The case was governed by the Employee Retirement Income Security Act of 1974 (ERISA) which made it a non-jury matter. The court found in favor of the administrator and awarded it attorney's fees and costs. This case was significant because it helped define the role and duty of a third party administrator of an employer-sponsored health care benefits plan. It was significant also because it helped to clarify the standard of review that an appellate court must use in reviewing a decision made by an administrator to deny health care benefits to an employee. Additionally, the court awarded attorney's fees and costs to the administrator and set forth an analysis of the factors to be considered by the court to do so. (Although I tried the case from start to finish and wrote the proposed Order, Michael Duffy sat with me at counsel's table and kicked me under the table occasionally during the trial.)

(b) Wade v. Thornley and Ballenger. In the mid 1990's, I represented a 19-year-old woman who was a passenger in a car during a wreck. As a result of the wreck, she sustained severe head trauma. Luckily, Ms. Wade was able to go back to a fairly routine life but suffered a substantial reduction in her ability to earn a living. I convinced her and her family to take a structured settlement that, in addition to monthly payments to her, set up college funds for the two children that she and her husband had during the course of the litigation. Although the case has no precedential value, I believe the case was significant because the two children, despite any intervening circumstances, will have the college funds available to further their education.

(c) Nixon v. Benefit Trust Life Insurance Company. In the early 1990's, I represented a woman with breast cancer to whom reimbursement for certain health care payments had been denied by an insurance company. The insurance company opined that a drug prescribed by Ms. Nixon's treating physician was experimental and, therefore, denied reimbursement to Ms. Nixon for that treatment. The case settled for a substantial amount of money. I believe the case was significant for two reasons. First, although conjecture on my part, I believe the insurance company did not want the case to go to trial

Printed Page 3311 . . . . . Wednesday, May 15, 2002

because if we had proven the drug not to be experimental, a floodgate of insurance claims would have opened. Secondly, and again, speculation on my part, the insurance company began paying for the treatment probably because it was less costly than litigating future claims. Currently, the drug is no longer considered experimental and is routinely paid for by insurance companies.

(d) Blanchette v. Piggly Wiggly and Stay Shine. In the late 1990's, I represented Piggly Wiggly, a self insured entity, in a simple slip and fall premises liability case. However, I filed a cross claim against the co-defendant for equitable indemnification and requested reimbursement of attorney's fees and costs to my client. As a result of the jury's answers to special interrogatories, the judge found that my client was entitled to equitable indemnification and awarded it attorney's fees and costs. I believe the case was significant because I was able to present this particular order to other attorneys who had sued my client on behalf of others and to convince them to take over the defense of my client as well. This arrangement saved my client the expense of having to pay me to try the other cases to jury verdicts in order to seek reimbursement of attorney's fees and costs on behalf of my client.

(e) Cheng v. Northlake Homes and Homebuyer's Warranty Company. In the early 1990's, I represented a real estate developer who had built a subdivision of hundreds of houses in Mt. Pleasant, South Carolina. The subdivision was built in a special flood zone. Five homeowners discovered that their houses were built approximately one foot below the minimum flood elevation required by the building industry and insurance regulations. This problem occurred because of an error committed by a licensed surveyor who was a sub-contractor of my client. The homeowners sued my client and the Homebuyer's Warranty Company essentially seeking compensation to rebuild their houses plus punitive damages based upon allegations of fraud. Although my client filed a third party action against the surveyor, the surveyor went into default. The first case to go to trial was Mr. Cheng's. The judge directed a verdict against my client on Mr. Cheng's breach of an implied warranty claim. Luckily, the jury awarded only $1.00 in damages against my client but awarded approximately $120,000.00 in actual damages and $175,000.00 in punitive damages against the co-defendant. I believe this case was significant because I was able to use the verdict to convince the co-

Printed Page 3312 . . . . . Wednesday, May 15, 2002

defendant to settle the other four pending lawsuits with just a small contribution coming from my client."

Regarding civil appeals, Ms. McSwain reported:
"One of my law partners specializes in appellate practice, and, although I have been listed as an attorney of record, he just consults with me on the appeals of my cases. However, I have personally handled many workers' compensation appeals to both the full panel of the Workers' Compensation Commission and to the Circuit Court. Cases appealed beyond the circuit court on which I have appeared as an attorney of record are as follows:
(a) Katherine Senter v. Piggly Wiggly Carolina Company, 533 S.E.2d 575 (S.C. 2000);

(b) Northlake Homes, Inc. v. Continental Insurance Company, Case No. 95-CP-10-1170 (pending before the S.C. Court of Appeals)."

Ms. McSwain stated regarding prior unsuccessful candidacies:
"I was found to be qualified for the position of Master-in-Equity for Berkeley County by the Judicial Merit Selection Commission in January of 2002. I withdrew my name for consideration to be appointed to that position by the Governor because I applied for the position for which I now seek election."
(9) Judicial Temperament:

The Commission believes that Ms. McSwain's temperament would be excellent.
(10) Miscellaneous:

The Lowcountry Citizens Advisory Committee reported: "The Lowcountry Citizens Committee finds Gayla S. L. McSwain to be a well qualified and highly-respected candidate. The committee recommends Ms. McSwain's nomination as a candidate for Judge of the Ninth Judicial Circuit, Seat 3."

Ms. McSwain is married to William Joseph Harvey. She has two children, Storm McSwain Harvey, age 6, and Chance McSwain Harvey, age 3.

Printed Page 3313 . . . . . Wednesday, May 15, 2002

Ms. McSwain reported that she was a member of the following bar associations and professional associations:
"(a) South Carolina Bar Association;
(b) American Bar Association;
(c) American Trial Lawyers Association;
(d) South Carolina Women Lawyers Association;
(e) South Carolina Workers' Compensation Educational Association;
(f) South Carolina Self-Insured Association;
(g) Charleston County Bar Association."

Ms. McSwain provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) South Carolina Council for Conflict Resolution;
(b) Trident United Way (member of the Board of Directors);
(c) Berkeley County Chamber of Commerce;
(d) South Carolina Lawyer, articles editor."

Ms. McSwain provided the following additional information:
"I received the Daniel McLeod Scholarship to attend law school. I received several military honors and badges while on active and reserve duty including The Army Commendation Medal (2nd oakleaf cluster), Parachutist Badge, and Meritorious Service Medal."

Edward W. "Ned" Miller
Circuit Court, At-Large Seat 4

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

Based on the Commission's investigation, Mr. Miller meets the qualifications prescribed by law for judicial service as a Circuit Court judge.

Mr. Miller was born on September 24, 1952. He is 50 years old and a resident of Greenville, South Carolina. Mr. Miller provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.

Printed Page 3314 . . . . . Wednesday, May 15, 2002

(2) Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Miller.

Mr. Miller demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Mr. Miller reported that he has not made any campaign expenditures.

Mr. Miller testified he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator;
(c) asked third persons to contact members of the General Assembly prior to screening.

Mr. Miller testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3) Professional and Academic Ability:

The Commission found Mr. Miller to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mr. Miller described his continuing legal or judicial education during the past five years as follows:
"2001 Public Defender Conference;
2000 Public Defender Conference and Federal Sentencing Guidelines;
1999 Modified Circuit Court ADR Pilot Program; Modified Family Court ADR Program; Public Defender Conference;
1998 Public Defender Conference;
1997 Advanced Federal Sentencing Guidelines; Public Defender Conference."

Printed Page 3315 . . . . . Wednesday, May 15, 2002

Mr. Miller reported that he has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.

Mr. Miller reported that he has not published any books and/or articles.
(4) Character:

The Commission's investigation of Mr. Miller did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Miller did not indicate any evidence of a troubled financial status. Mr. Miller has handled his financial affairs responsibly.

The Commission also noted that Mr. Miller was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:

Mr. Miller reported that his Martindale-Hubbell rating is "BV."
(6) Physical Health:

Mr. Miller appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:

Mr. Miller appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:

Mr. Miller was admitted to the South Carolina Bar in 1978.

He reported the following summary of his legal experience since law school:
"November 1978 - April 1980
Southern Bank and Trust Company; Federal Regulations Compliance Officer;

April 1980 - June 1981
Assistant Public Defender for Greenville County;

Printed Page 3316 . . . . . Wednesday, May 15, 2002

June 1981 - June 1982
Sole Practitioner in the General Practice of Law in Greenville, South Carolina;
July 1982 - July 2000
Miller and Paschal, Attorneys at Law
General Practice with concentration in Criminal and Civil litigation;

July 2000 - Present
Sole Practitioner with concentration in Criminal and Civil litigation."

Mr. Miller provided the following summary of his experience in criminal and civil matters:
"Experience in Criminal Matters:
My private law practice includes a significant amount of criminal work in the Court of General Sessions. Additionally, I have worked as a part-time Assistant Public Defender for Greenville County since May of 1985. I have handled thousands of criminal cases. These cases have involved a wide variety of matters including: offenses against the person (murder and all other degrees of homicide, all levels of assault and battery, all degrees of criminal sexual conduct, kidnaping and all degrees of robbery); offenses against property (all degrees of burglary and larceny, arson, forgery, breach of trust, shoplifting, and all types of financial transaction crimes); drug offenses (all types of illegal drugs and all degrees of involvement including possession, possession with intent to distribute, distribution and trafficking); traffic offenses (all degrees of driving under the influence including accidents resulting in injury and death, driving under suspension, and failure to stop for police vehicles); crimes against morality (prostitution, indecent exposure, and lewd acts); prison offenses (escape and contraband possession); and violation of probation cases.

I have defended one death penalty case which resulted in a plea to a life sentence.

I have practiced criminal law in the United States District Court for South Carolina since 1982. I have handled all types of federal offenses including drug offenses, weapons offenses, economic offenses, securities fraud, and bank robberies.

My experience in the above listed cases includes bond hearings, motion hearings, guilty pleas and jury trials to verdict.

Printed Page 3317 . . . . . Wednesday, May 15, 2002

Experience in Civil Matters:
Over the course of my career I have represented both plaintiffs and defendants in civil matters. Recently, my civil practice has included personal injury cases and other torts. I have spent a significant amount of time on a federal securities fraud case that involved a shareholder class action and a claim under an officers' and directors' errors and omissions insurance policy. The securities class action case was remanded from the Fourth Circuit Court of Appeals for further factual determination concerning the parties excluded from the class, including my clients. This matter was settled subsequent to the factual hearing but prior to the ruling of the Court.

I have represented two death-sentenced inmates in Post Conviction Relief proceedings. One case resulted in denial of relief after the hearing and the second case resulted in awarding relief after the hearing.

Early in my career, I handled litigation for Southern Bank and Trust Company, including general litigation and collection work.

I have handled automobile accident cases, libel and slander cases, contract disputes, water drainage damage cases, defective products cases, matters in the Probate Court, social security disability cases, and real estate proceedings including disputes over real property and real estate closings."

Mr. Miller reported the frequency of his court appearances during the last five years as follows:
"(a) Federal: Monthly
(b) State: Weekly"

Mr. Miller reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a) Civil: 20%
(b) Criminal: 50%
(c) Domestic: 30%"

Mr. Miller reported the percentage of his practice in trial court during the last five years as follows:
"(a) Jury: 10%
(b) Non-jury: 90%"

Printed Page 3318 . . . . . Wednesday, May 15, 2002

Mr. Miller provided that he most often served as sole counsel.

The following is Mr. Miller's account of his five most significant litigated matters:
"(a) McCall v. Batson, 329 S.E.2d 741, 285 S.C. 243. This case was an appeal from a demurrer which was decided by the South Carolina Supreme Court in 1985. This case abolished the doctrine of Sovereign Immunity as it applied to the State and all local subdivisions of government. This case has been considered a landmark decision.

(b) State v. Anthony Caruso. This case involved the murder and armed robbery of a grocery store clerk making a night deposit. Caruso, along with two co-defendants, was charged with murder and armed robbery, and the State sought the death penalty. The case involved issues related to physical evidence, voluntariness of a confession, implicating statements of co-defendants, and the development of a mitigation defense in anticipation of a conviction. On the eve of trial the State offered a life sentence in exchange for a guilty plea, which the defendant accepted.

(c) U.S. v. Ross Cosmetics Distribution Center, Ross Freitas, et al. This multi-defendant case involved complicated international trade agreements, corporate buyouts, and business dealings which resulted in securities fraud and the resultant loss of millions of dollars by shareholders. When the fraud was revealed, the stock price plummeted from $55.00 per share to $4.00 per share. This publicly owned company, which traded on NASDAQ, was supplied by a manufacturer in England and financed by a Swiss factor. Both the manufacturer and the factor were owned, through seven Panamanian holding corporations, by the same group of investors located in Dubai. The Dubai investors gradually obtained control of Ross Cosmetics through "stock for inventory" trades. The investors illegally failed to reveal their controlling interest by using the seven holding companies to acquire the stock shares of Ross Cosmetics. The investors artificially inflated the value of the Ross Cosmetics stock by selling the English manufactured goods to Ross Cosmetics below cost, thus making Ross Cosmetics appear to have a superior profit margin and thereby driving up the value of the stock. The government returned a twenty-count indictment alleging conspiracy, securities fraud, false statement, mail fraud, and customs fraud. I represented the lead defendant, Ross Freitas, who the government originally alleged to be the mastermind of

Printed Page 3319 . . . . . Wednesday, May 15, 2002

this scheme. While this case resulted in the largest criminal fine in South Carolina history, Mr. Freitas plead nolo contendere to a misdemeanor and received six months probation.

(d) Richard Longworth v. State. This case was a Post Conviction Relief action involving a death-sentenced inmate. Richard Longworth was convicted in 1991 of armed robbery and two murders at the Westgate Cinemas in Spartanburg. He received the death penalty at trial. The PCR was fully litigated from the initial pleadings through a week of trial. Subsequent to post trial briefing, the trial Judge denied the requested relief. The issues raised by the Applicant at trial included: ineffective assistance of counsel due to trial counsel laboring under an actual conflict of interest by representing dual clients with divergent interests; prosecutorial use of false or inaccurate testimony; failure by the prosecution to disclose discoverable Brady material; failure of trial counsel and the trial court to inform the applicant of his right to testify at the penalty phase of his trial; failure of trial counsel to object to the trial court's improper and misleading instruction to the applicant concerning the scope of cross examination; and other general ineffective assistance of counsel claims.

(e) Federal Insurance Company v. Ross Cosmetics Distribution Center, et al. Numerous class action lawsuits were initiated against Ross Cosmetics' successor and various of its officers and directors alleging federal securities laws violations. Federal Insurance Company had issued an Executive Liability and Indemnification Policy, owned by Ross Cosmetics, to insure its officers and directors against errors and omissions. Federal Insurance Company initiated an interpleader action in the South Carolina District Court to determine if it should be required to pay the policy proceeds and which "insureds" would be entitled to the proceeds. The policy proceeds were paid into the registry of the Court and Federal Insurance was relieved of further liability. I represented two former officers and directors of Ross Cosmetics in their claims to the policy proceeds. Other officers and directors had assigned their rights under the policy to Ross Cosmetics' successor corporation, which strongly contested my clients' claims to the proceeds. Various Orders were filed in the District Court with respect to proceeds distribution, which resulted in Motions to Alter and Amend and Judicial Stays imposed due to related matters before the Securities and Exchange Commission. This action was also related to a federal criminal action and shareholder class action lawsuits.

Printed Page 3320 . . . . . Wednesday, May 15, 2002

Ultimately, the case settled on the eve of trial before the United States District Court."

The following is Mr. Miller's account of civil appeals he has personally handled:
"(a) McCall by Andrews v. Batson, 329 S.E.2d 741, 285 S.C. 243, (1985);

(b) Ro-Lo Enterprises v. Hicks Enterprises, Inc., 362 S.E.2d 888, 294 S.C. 111 (1987);

(d) McCarter v. Willis, 383 S.E.2d 252, 299 S.C. 198 (1989)."

Mr. Miller provided the following regarding prior unsuccessful candidacies:
"I was a candidate for Circuit Court Judgeship of the Thirteenth Judicial Circuit, Seat Two, which was elected in February 2000 and a candidate for Circuit Court Judgeship, At Large Seat Three, which was elected in May 2000. I withdrew from both races prior to the election.
(9) Judicial Temperament:

The Commission believes that Mr. Miller's temperament would be excellent.
(10) Miscellaneous:

The Upstate Citizens Advisory Committee reported: "Mr. Miller was found to be a most competent lawyer. His qualifications greatly exceed the expectations set forth in the evaluative criteria."

Members of the Commission found Mr. Miller to be an exceptional candidate and that he would be a valuable asset to the circuit court bench. The Commission noted Mr. Miller's tremendous contributions to the Greenville community.

Mr. Miller is married to Martha Albrecht. He has two children: Elizabeth L. Miller, age 20, and E. Walker Miller, age 17.

Printed Page 3321 . . . . . Wednesday, May 15, 2002

Mr. Miller reported that he was a member of the following bar associations and professional associations:
"(a) South Carolina Bar Association;
(b) Greenville County Bar Association (1993 Board of Directors);
(c) South Carolina Association of Criminal Defense Lawyers;
(d) National Association of Criminal Defense Lawyers;
(e) South Carolina Trial Lawyers Association;
(f) Greenville County Criminal Defense Lawyers Association."

Mr. Miller provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) Greenville Futbol Club (youth soccer organization) Vice President, Board of Directors;
(b) Downtown Soccer Association, President 1998-2000, Board of Directors 1996-2000;
(c) St. James Episcopal Church, Treasurer 1991-1994."

Mr. Miller further provided: "My family and I are active communicants at Christ Church Episcopal in Greenville. I have been active as a youth athletics coach for my children's athletic teams including church basketball and numerous sports teams at the Cleveland Street YMCA in Greenville."

Roger M. Young
Circuit Court for the Ninth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

Based on the Commission's investigation, Judge Young meets the qualifications prescribed by law for judicial service as a Circuit Court judge.

Judge Young was born on February 16, 1960. He is 42 years old and a resident of North Charleston, South Carolina. Judge Young provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1983.

Printed Page 3322 . . . . . Wednesday, May 15, 2002

(2) Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Young.

Judge Young demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Young reported that he has made $68.00 in campaign expenditures for stamps.

Judge Young testified he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator;
(c) asked third persons to contact members of the General Assembly prior to screening.

Judge Young testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3) Professional and Academic Ability:

The Commission found Judge Young to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Judge Young described his continuing legal or judicial education during the past five years as follows:
"05/19/96 NJC, Logic for Judges 12.50
05/22/96 NJC, Opinion Writing 12.83
06/19/96 SC Bar, Trial Practice Tune-Up 3.00
07/19/96 SC Bar, ADR Basics 8.00
10/18/96 SC Bar, Practice Before MIE 6.50
01/10/97 CC Bar, Ethics 3.00
05/18/97 NJC, Basic Evidence 23.83
07/11/97 CC Bar, Insurance Coverage

During Hurricane Season 2.00
09/19/97 CC Bar, Real Estate Update 0.80

Printed Page 3323 . . . . . Wednesday, May 15, 2002

01/23/98 SC Bar, Annual Criminal Law Update 6.50
03/01/98 NJC, Advanced Evidence 24.17
03/20/98 SC Bar, Rules-SC Civil Procedure 6.00
06/11/98 SC Bar, Developments in Real Estate Law 6.00
06/21/98 NJC, Managing the Complex Civil Case 26.00
10/09/98 SC Bar, Practice Before MIE 6.00
03/26/99 SC Bar, Mechanic's Liens 5.67
04/12/99 NJC, Judicial Writing 28.25
05/07/99 CC Bar, Real Estate Update 0.75
06/18/99 SC Bar, SC Environmental Law 6.75
07/12/99 NJC, General Jurisdiction 82.75
02/27/00 NJC, Financial Statements in Court 13.50
03/01/00 NJC, Business Issues 13.08
10/13/00 SC Bar, Business Torts 6.00
01/26/01 SC Bar, Annual Criminal Law Update 6.00"

"In addition to these CLE classes, I took the following classes in the MJS program that I did not apply for CLE credit. These were graduate school classes that lasted 2-4 weeks. With the one exception noted below, each class ran from 8:30 a.m. to 4:00 p.m. four days a week and required at least two papers per class. The History and Theory of Jurisprudence class was a night class that ran for four weeks. It met from 6:30 p.m. to 9:30 p.m. I took it two weeks at a time over two summers while I was taking classes during the day.

Summer 99/00 UNR History and

Theory of Jurisprudence 3 credits
Spring 99 UNR

Conducting the Trial 2 credits

(one-week class, test instead of paper)
Spring 00 UNR Law and the Social and

Behavioral Sciences 3 credits
Summer 98 UNR Public Policy in the Courts 3 credits
Summer 00 UNR Criminology 3 credits"

Judge Young reported that he has lectured at the following bar association conferences, educational institutions, or continuing legal or judicial education programs:
"(a) Speaker, 'Six by Six' CLE, Charleston County Bar Association, December 13, 2001;

Printed Page 3324 . . . . . Wednesday, May 15, 2002

(b) Speaker, 'Recent Judicial Decisions Update on Tax Sales in South Carolina,' South Carolina Bar Continuing Legal Education Division, October 12, 2001;
(c) Speaker, 'Recent Judicial Decisions Update on Tax Sales in South Carolina,' 34th South Carolina Association of Counties Annual Conference, July 26, 2001;
(d) Speaker, 'Recent Judicial Decisions Involving Tax Sales,' County Auditors, Treasurers and Tax Collectors Academy, February 8, 2001;
(e) Speaker, 'Practice Before Masters-in-Equity,' Bridge the Gap, South Carolina Bar Continuing Legal Education Division and the Supreme Court of South Carolina, March 13, 2001;
(f) Speaker, 'Recent Judicial Decisions Involving Tax Sales,' County Auditors, Treasurers and Tax Collectors Academy, February 8, 2001;
(g) Moderator, 'Business Torts, Accounting & Damages,' South Carolina Bar Continuing Legal Education Division CLE, October 13, 2000;
(h) Speaker, 'Practice Before Masters-in-Equity,' Bridge the Gap, South Carolina Bar Continuing Legal Education Division and the Supreme Court of South Carolina, May 23, 2000;
(i) Speaker, 'Law of Tax Sales,' Charleston County Bar Association Real Estate Section, March 7, 2000;
(j) Speaker, 'Recent Judicial Decisions Involving Tax Sales,' County Auditors, Treasurers and Tax Collectors Academy, February 3, 2000;
(k) Speaker, 'Twelve by Twelve' CLE, Charleston County Bar Association, December 16, 1999;
(l) Speaker, 'Equitable Remedies,' South Carolina Bar Continuing Legal Education Division CLE, October 8, 1999;
(m) Moderator, Mechanic's Liens CLE, South Carolina Bar Continuing Legal Education Division, March 26, 1999;
(n) Speaker, 'Practice Before Masters-in-Equity,' Bridge the Gap, South Carolina Bar Continuing Legal Education Division and the Supreme Court of South Carolina, March 9, 1999, May 18, 1999;
(o) Speaker, 'Law on Tax Sales,' Practice Before Masters-in-Equity and Special Referees CLE, South Carolina Bar Continuing Legal Education Division, October 9, 1998;
(p) Speaker, 'Law on Tax Sales,' Practice Before Masters-in-Equity and Special Referees CLE, South Carolina Bar Continuing Legal Education Division, October 18, 1996."

Printed Page 3325 . . . . . Wednesday, May 15, 2002

Judge Young further reported:
"I have taught a business law class approximately two to three times a year for the past five years at the Charleston branch of Southern Wesleyan University.

I taught Introduction to Criminal Justice this past fall at Charleston Southern University.

I taught Real Estate Transactions II at the USC Law School in the Spring 2000 semester.

I have been a guest lecturer on several occasions at Professor Steve Spitz's classes at the law school."

Judge Young reported that he has published the following:
"(a) The Law of Real Estate Tax Sales, South Carolina Lawyer, September/October 1999;
(b) Tax Sales of Real Property in South Carolina, 1999 (South Carolina Bar-Continuing Legal Education Division);
(c) 'Sexually Violent Predator Acts,' Community-Based Corrections, 4th ed. Wadsworth-Thomason Learning (2000);
(d) 'Using Social Science to Assess the Need for Jury Reform in South Carolina,' 52 S.C. Law. Rev. 135 (Fall 2000)."

I have the following two works in progress that I will be submitting for publication this spring:
"(a) 'Property Rights, Coase Theorem and the New South,' co-author with Dr. John Dobra, professor of economics at University of Nevada, Reno;
(b) 'How Do You Know What You Know?: A Judicial Perspective on Daubert and Council/Jones Factors in Expert Testimony in South Carolina.'"
(4) Character:

The Commission's investigation of Judge Young did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Young did not indicate any evidence of a troubled financial status. Judge Young has handled his financial affairs responsibly.

Printed Page 3326 . . . . . Wednesday, May 15, 2002

The Commission also noted that Judge Young was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:

Judge Young reported that he is not rated by Martindale-Hubbell.

Judge Young provided:
"I was elected to the South Carolina House of Representatives in 1990 and 1992.

I was appointed to serve as interim City Attorney for the City of North Charleston from January to April 1995, and continued to handle legal matters for the City until I began service as Master-in-Equity."
(6) Physical Health:

Judge Young appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:

Judge Young appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:

Judge Young was admitted to the South Carolina Bar in 1983.

Judge Young gave the following account of his legal experience since law school:
"When I graduated from law school in 1983, I became an associate with Howard R. Chapman, P.A. Mr. Chapman died in December 1984. From then on I was a sole practitioner. My practice was a general practice handling primarily civil matters including litigation, real estate, and some criminal practice. I became part-time Municipal Court judge for the City of North Charleston in 1988 and served there until 1990 when I resigned to run for the S.C. House of Representatives. I was elected to the House in 1990 and served two terms. I decided not to seek reelection in 1994. I was elected to be the Master-in-Equity for Charleston County in 1995 and began service on January 1, 1996. Since it is a full-time judgeship, I closed my law office in 1995. I have been serving as Master for Charleston

Printed Page 3327 . . . . . Wednesday, May 15, 2002

continuously since 1996, and have had a concurrent appointment as a Special Circuit Court Judge by the Supreme Court since then.
In the first five to ten years of my practice I handled approximately a dozen criminal cases, including approximately a half-dozen felony matters, several of which went to trial. After about five years of practice I began to handle primarily civil matters, but I would still handle criminal matters on appointment. When I was a Municipal Court judge my jurisdiction was exclusively criminal. I heard mainly summary trials, but I would usually preside over jury trials one week a month. Most of these jury trials were DUIs and simple assault. I have continued to study criminal law and procedure since becoming Master-in-Equity. I have attended two of the Annual Criminal Law Update CLEs required for circuit court judges, including the most recent on January 26, 2001. In addition, I had two days of criminal procedure included in the General Jurisdiction class I took two years ago at the National Judicial College, and I took a two-week-long class in Criminology last summer as part of my graduate degree program at the University of Nevada-Reno.

As Master-in-Equity my jurisdiction is exclusively civil. Many people are of the misconception that the Master hears only cases involving real estate. In fact, it is only a part of what we do, at least those of us who are full time. A lot of the litigation I hear is business-related, including breach of contract, insurance claims, unfair trade practice, partnership claims and accounting, and complex business litigation. All of it is non-jury. Once a matter is referred to a Master for a trial, the Master has all the jurisdiction and powers as a circuit court judge sitting non-jury. Coupled with my appointment as a Special Circuit Court Judge, that means I hear every type of motion in every type of civil case, including those involving jury matters. I hear motions on jury and non-jury cases for the circuit court on Fridays and on an as-needed basis throughout the week.

Obviously, I have not had any jury trials in the past five years since I became Master. However, I did try jury cases in my private practice and as a Municipal Court Judge. In addition, I have studied jury trial practice at the National Judicial College and wrote my Masters thesis on reforming jury practice in South Carolina."

Judge Young reported the frequency of his court appearances prior to becoming a judge as follows:

Printed Page 3328 . . . . . Wednesday, May 15, 2002

"(a) Federal: 3
(b) State: 20"
Judge Young reported that the percentage of his practice involving civil, criminal, and domestic matters prior to becoming a judge as follows:
"(a) Civil: 90%
(b) Criminal: 5%
(c) Domestic: 5%"

Judge Young reported the percentage of his practice in trial court prior to becoming a judge as follows:
"(a) Jury: 50%
(b) Non-jury: 50%"

Judge Young provided that he most often served as sole counsel.

The following is Judge Young's account of his five most significant litigated matters:
"(a) C-21 v. C-21 Action Realty. This was a federal district court case. As a young associate I was given significant responsibilities in preparing and assisting in a two-day injunction hearing against one of the largest law firms in the State.

(b) State v. Williams. This was ABWIK and Armed Robbery case. I was sole counsel for one of the co-defendants. It was a three-day trial in circuit court.

(c) AMIC v. Brown. Case involved violation of restrictive covenants and had interesting issues involving interpretation of covenants, waiver and laches.

(d) Altman v. Altman. Case involved a dispute between a father and son over an alleged oral agreement involving real estate, construction trusts and parole evidence.

(e) CMCT v. Bechtel. Case involved a multi-million dollar contract claim against the world's largest construction company."

Judge Young provided the following information regarding prior judicial positions:

Printed Page 3329 . . . . . Wednesday, May 15, 2002

"I was appointed Municipal Court Judge for the City of North Charleston from 1988 to 1990. My jurisdiction was exclusively criminal and at the time had jurisdictional limits of 30 days in jail and $200 in fines.

I was elected by the General Assembly to be the Master-in-Equity for Charleston County in 1995 and began service on January 1, 1996. Once a case is appointed to the Master, I have the same authority to hear a case as a circuit court judge sitting non-jury. I have also been appointed by the Supreme Court to be a Special Circuit Court Judge for Charleston County for the past five years. As Special Circuit Court Judge, my jurisdiction is to hear all motions in jury and non-jury matters, hear appeals from magistrate, municipal and probate courts, accept Grand Jury returns and hear and approve settlement of minor's interest and wrongful death and survivor action settlements."

Judge Young reported the following as his most significant orders:
"(a) Kuznick v. Bees Ferry Associates, 96-CP-10-4495, affirmed in part, reversed in part, 342 S.C. 579, 538 S.E.2d 15 (SC App 2000), cert. granted 7-3-01.

(b) LowCountry Open Land Trust v. S.C., 96-CP-10-1933, affirmed 347 S.C. 96, 552 S.E.2d 778 (SC App 2001).

(d) Campsen v. City of Isle of Palms, 99-CP-10-4554, affirmed No. 2001-UP-281 (SC App 2001)

(e) NorthPointe HOA v. G & B Homes, LLC, 99-CP-10-932, affirmed No. 2001-UP-059 (SC App 2001)"

Judge Young provided the following regarding prior unsuccessful candidacies:

"In 2001, I ran unsuccessfully for the circuit court, Ninth Judicial Circuit, Seat 1."

Printed Page 3330 . . . . . Wednesday, May 15, 2002

(9) Judicial Temperament:

The Commission believes that Judge Young's temperament has been and would continue to be excellent.
(10) Miscellaneous:

The Lowcountry Citizens Committee reported: "The Lowcountry Citizens Committee finds Judge Roger M. Young to be a well-qualified and highly-respected candidate. The committee recommends Judge Young's nomination as a candidate for Judge of the Ninth Judicial Circuit, Seat 3."

The Commission found Judge Young to be an exceptional candidate and that he would be a valuable asset to the circuit court bench. The Commission noted that Judge Young was "intellectually curious," "enjoys the law," and "will be fair."

Judge Young is married to Janice M. Young. He has two children. Grace Lee Young, age 13, and Roger M. Young, Jr., age 11.

Judge Young reported that he was a member of the following bar associations and professional associations:
"(a) South Carolina Bar;
(b) Charleston County Bar;
(c) American Judicature Society;
(d) American Judges Association."

Judge Young provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) Board of Visitors, Charleston Southern University;
(b) Charleston Southern University Distinguished Alumnus of the Year, 1998;
(c) Order of the Palmetto presented by Gov. Carroll Campbell, 1994;
(d) Service to Mankind Award by Sertoma International, 2000;
(e) Honorary Doctor of Humane Letters from the University of Charleston, 1992;
(f) Honorary Kentucky Colonel by commission of Gov. Brereton C. Jones, 1993."

Printed Page 3331 . . . . . Wednesday, May 15, 2002

Judge Young additionally reported:
"I enjoy every aspect of being a judge. I have dedicated my life's work to improving the judiciary and the legal system. I have been especially mindful of the need to have judges on the bench who are not only qualified, but who exhibit fairness and equal justice under the law. To this end, I remind myself at every trial that the case I am presiding over is probably the most important thing in the parties' lives. I know that I cannot rule in such a way as to make everyone happy, but hopefully I leave the parties feeling that they received a fair trial. One of the highest compliments I have ever received was when a lawyer against whose client I had ruled was quoted in the newspaper as saying that while he was disappointed I had ruled against his client, he thought I gave his client a fair trial.
One of the main reasons I wish to move to the circuit court is to continue my research in the area of jury reform. Judges have a duty to improve the legal system. My research has shown me that there are areas in which we can do better in South Carolina to improve our system of jury trials. Jury trials are the cornerstone of our country. The right to a jury trial was considered vitally important to the Founding Fathers of this country, so much so that they memorialized it in our Constitution. My particular area of research is currently in the area of improving juror comprehension of jury instructions; however, there are other areas that I believe we should look at as well. Chief Justice Toal has spoken to me about this subject and she intends to launch a jury reform effort in South Carolina. Regardless of whether I am elected to the circuit court, I intend to help in this effort."

Haskell T. Abbott III
Family Court for the Fifteenth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

Based on the Commission's investigation, Judge Abbott meets the qualifications prescribed by law for judicial service as a Family Court judge.

Judge Abbott was born on January 1, 1943. He is 59 years old and a resident of Conway, South Carolina. Judge Abbott provided in his application that he has been a resident of South Carolina for at least the

Printed Page 3332 . . . . . Wednesday, May 15, 2002

immediate past five years and has been a licensed attorney in South Carolina since 1972.
(2) Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Abbott.

Judge Abbott demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Abbott reported that he has not made any campaign expenditures.

Judge Abbott testified he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator;
(c) asked third persons to contact members of the General Assembly prior to screening.

Judge Abbott testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3) Professional and Academic Ability:

The Commission found Judge Abbott to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations. Please see General Findings of Commission for further discussion of academic ability.

Judge Abbott described his continuing legal or judicial education during the past five years as follows:

"(a) 5/9/97 Family Court Judges Assoc. CLE

(b) 8/21/97 SCCA Judicial Conference

(d) 5/21/98 Family Court Judges Conference

(e) 8/13/98 SCTLA 1998 Annual Convention

(f) 8/20/98 SCCA Judicial Conference

(g) 11/6/98 SCCA Bench/Bar Seminar

Printed Page 3333 . . . . . Wednesday, May 15, 2002

(h) 1/22/99 SC Bar Mid-Year Meeting Family Law Section

(i) 5/99 HCBA Family Court Seminar

(j) 5/19/99 Family Court Judges Conference

(k) 8/19/99 SCCA Judicial Conference

(l) 3/3/00 HCBA Family Court Procedure

(m) 5/3/00 Family Court Judges Conference

(n) 8/3/00 SCTLA 2000 Annual Convention

(o) 8/16/00 SCCA Judicial Conference

(p) 10/5/00 HCBA Family Court Procedure

(q) 1/26/01 SC Bar Family Law Seminar

(r) 5/2/01 Family Court Judges Conference

(s) 8/3/01 SCTLA 2001 Annual Convention

(t) 8/21/01 HCBA Family Court Seminar

(u) 8/22/01 SC Judicial Conference

(v) 12/7/01 Family Court Bench/Bar Seminar

(w) 1/25/02 SC Bar Annual Meeting CLE."

Judge Abbott reported that he has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.

Judge Abbott reported that he has not published any books and/or articles.
(4) Character:

The Commission's investigation of Judge Abbott did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Abbott did not indicate any evidence of a troubled financial status. Judge Abbott has handled his financial affairs responsibly.

The Commission also noted that Judge Abbott was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry. Please see General Findings of Commission for further discussion.
(5) Reputation:

Judge Abbott reported that his last available Martindale-Hubbell rating was "BV."

Printed Page 3334 . . . . . Wednesday, May 15, 2002

Judge Abbott reported his previous military experience as follows: "9/66 to 9/72; South Carolina National Guard; E-5; inactive reserve; Honorable Discharge Service Number NG 25 203 674."

Judge Abbott also reported on any public office he has previously held: "I served on the Planning and Zoning Board for the City of Conway from 1984 to 1986. This is an appointed position by the City Council."
(6) Physical Health:

Judge Abbott appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:

Judge Abbott appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:

Judge Abbott was admitted to the South Carolina Bar in 1972.

Judge Abbott reported the following regarding his legal experience since law school:
"1972 - 1982 Associated with my father, H.T. Abbott; shared an office with my father until 1982;

1982 - 1996 Sole practitioner;

1996 - present Family Court Judge for Fifteenth Judicial Circuit.

As an attorney, I had a general practice with a emphasis in the Domestic Relations area."

Judge Abbott reported his prior judicial positions: "I held the position of Municipal Judge for the City of Conway, South Carolina, from 1977-1984. It is an appointed position by the City Council. The court's jurisdiction is limited to criminal offenses in which the maximum penalty of 30-day imprisonment or a fine of $200.

From 1996 to the present, I have been a Family Court Judge. It is an elected position by the S.C. General Assembly. The Family Court is of limited jurisdiction as set by statute."

Printed Page 3335 . . . . . Wednesday, May 15, 2002

The following is a list of Judge Abbott's significant orders:

"(a) Karis Lynn Jenkins Ward v. Robert James Ward, Jr.

Unpublished Opinion No. 2001-UP-373

South Carolina Court of Appeals affirmed the granting to the wife of rehabilitative alimony, transmutation of property, equitable identification and division of marital assets, entitlement to future increases in husband's retirement benefits and attorney fees.

(b) Dawn M. Sondesky v. Michael S. Sondesky

Unpublished Opinion No. 2000-UP-381

South Carolina Court of Appeals affirmed granting to the wife equitable division award and custody of minor children.

South Carolina Court of Appeals affirmed the finding of the wife not having committed adultery, refusal to reopen testimony, the granting of custody to the wife, attorney fees and the maintaining of an existing health insurance policy on the wife.

(d) Anand B. Patel v. Nalina Raja Patel; Published Opinion No. 25371

South Carolina Court of Appeals affirmed the equitable division award of 35% ($913,278.10) to the wife and 14% of the Guardian ad Litem and Guardian's attorney fees. The Court reversed the denial of alimony, child custody and attorney fees.

The South Carolina Supreme Court reversed the Court of Appeals on the issue of alimony and remanded to the Trial Court for a new custody hearing. The Supreme Court's decision has a footnote of its Order not to be an expression of preference to one party over the other as to the issue of custody. The Court also remanded the issue of alimony back to the Family Court for a determination of the amount.

The Supreme Court, in its decision, set forth minimum guidelines for Guardians ad Litem in private custody actions.

(e) South Carolina Department of Social Services v. Larry B. Basnight; 2001 WL 21309 South Carolina Court of Appeals affirmed the finding of the Defendant being the natural father of the minor child, establishing child support obligation, setting retroactive child support

Printed Page 3336 . . . . . Wednesday, May 15, 2002

arrearages, and the finding of the Defendant being subject to South Carolina jurisdiction due to the long-arm statute (Section 20-7-953(a))."

The following is a list of Judge Abbott's employment while serving as a judge other than elected office: "As set forth in #22, I was the Municipal Judge for the City of Conway, South Carolina for seven years. Additionally, at various times, I have acted as a Special Referee for the Fifteenth Judicial Circuit. The references are contractual in nature, but authorized by an Order of Reference by the Presiding Circuit Court Judge. The cases occurred over a two-year period on an infrequent basis. It was my responsibility to conduct the non-jury hearing, make evidentiary rulings and decide questions of law and fact as well as issue a final decision. All cases were referred by and were under the administrative supervision of the Administrative Judge for the Fifteenth Judicial Circuit."
(9) Judicial Temperament:

Please see attached General Findings of Commission.
(10) Miscellaneous:

The Pee Dee Citizens Advisory Committee reported: "The committee is of the opinion that Judge Abbott is qualified for the position of family court judge. As a result of its investigation and interview with Judge Abbott, the committee recommends/approves this candidate without reservation."

Judge Abbott is married to Jean Cox Abbott. He has two children: Hyde Taylor Abbott, age 32, and Anne Victoria Abbott Golson, age 28.

Judge Abbott reported that he was a member of the following bar associations and professional associations:
"(a) Horry County Bar Association (Honorary)."

Judge Abbott provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) Riverside Club;
(b) Ducks Unlimited;
(c) South Carolina Waterfowl Association;
(d) Old Gunn Hunting Club;
(e) Kingston Presbyterian Church."

Printed Page 3337 . . . . . Wednesday, May 15, 2002

General Findings of Commission:

The Judicial Merit Selection Commission conducted extensive hearings as to the qualification of Judge Abbott for reelection to the Family Court bench. While the Commission had screened Judge Abbott as recently as December 2001, and included within its hearing an extensive examination of issues related to the South Carolina Supreme Court's reversal of Patel v. Patel. The Commission addressed for the very first time any affidavits of complaint filed against Judge Abbott. In all, eighteen individuals filed affidavits raising issues of qualification. Sixteen persons filed affidavits in support of Judge Abbott. In addition, the Commission subpoenaed a number of individuals to provide background information necessary to its deliberations.
The hearing process was productive in that each of the witnesses and Judge Abbott went to great lengths to cooperate with the Commission in the scheduling and holding of nearly twenty hours of hearings and in compiling the voluminous records needed by the Commission. In particular, the Commission wishes to thank attorneys: Anne E. Janes, David R. Graveley, Anita R. Floyd, Gene P. Vaught III, and Edward T. Kelaher, who came forward under subpoena to testify about their experiences as attorneys or guardians ad litem before Judge Abbott; Ms. Lisa Rahiem, who was subpoenaed as a fact witness; and Mrs. Nalini Patel and Mr. and Mrs. Jerry Starling, who patiently and faithfully provided staff with requested supporting documentation.
The "Abbott" hearings were in large part geared toward issues of how Judge Abbott managed his courtroom and Guardians ad Litem appearing in his courtroom. The Commission is well aware that various interest groups actively solicited litigants unhappy with their experiences with guardians. We are certain that given the current frustration with guardians, these interest groups could have organized a group equally as large for virtually any other Family Court judge in South Carolina. The timing of Judge Abbott's reelection and the Supreme Court's decision in Patel v. Patel have made him the focus of the Guardian ad Litem reform movement. The movement should be heard but this Screening Commission is not the appropriate forum. The Commission is not a legislative body. Its jurisdiction is solely to determine the qualifications of judicial candidates. This Commission would direct them to the members of the Conference Committee currently considering S.322:
The Honorable Larry Martin 803-212-6340

Printed Page 3338 . . . . . Wednesday, May 15, 2002

The Honorable Robert Waldrep 803-212-6230
The Honorable Brad Hutto 803-212-6140
The Honorable Michael Easterday 803-734-3075
The Honorable Phillip Sinclair 803-734-3008
The Honorable Creighton Coleman 803-734-3140.

The Commission did hear some testimony that certain improvements in the Guardian ad Litem system by the Supreme Court in Patel v. Patel may not have been fully implemented by Judge Abbott. However, the Commission is satisfied by Judge Abbott's testimony and his attached correspondence that Guardian ad Litem reform within his courtroom and his circuit are immediate goals of Judge Abbott.

The Commission has fully considered certain other allegations raised by the complainants-favoritism, delay in issuance of orders, inattentativeness, and failure to recuse-and have found that the complainants are essentially dissatisfied with Judge Abbott's orders in their particular cases. Once again, this Commission would remind litigants that the Commission is not an appellate forum.

The Commission was disturbed by awards of attorneys' fees in the cases involving Mrs. Nalini Patel and Mr. and Mrs. Jerry Starling. As a matter of judicial discretion governed by case and statutory law, the Commission is reluctant to deem Judge Abbott's rulings as being in error. However, the rulings would on their face appear to be in clear contravention of those standards articulated by those witnesses appearing in favor of Judge Abbott. Judge Abbott has assured the Commission that he will be mindful of the Commission's concerns.

Judge Abbott's openness in dealing with the Commission weighs heavily in his favor. Within his testimony and in what the Commission takes to be his written pledge to certain reforms, Judge Abbott demonstrates that the screening process can work for the betterment of our judicial system outside of the Commission's ability to say "qualified" or "unqualified." In this case, the Commission believes that its process has worked and that justice and due process will be best served by a judge who has heard and listened to the voice of many people appearing before him. We, unanimously, find him qualified.

May 13, 2002

TRANSMITTED VIA FACSIMILE
AND FIRST-CLASS MAIL
Honorable F.G. Delleney, Jr.
Chairman, Judicial Merit Selection Commission

Printed Page 3339 . . . . . Wednesday, May 15, 2002

Post Office Box 142
Columbia, South Carolina 29202

Dear Chairman Delleney:

I appreciate the many hours each of your Commission members committed to the hearing of my application for continued service on the Family Court bench. I realize that each of you have very active schedules and that the length of my hearing, while not unprecedented, resulted in many of you having to set aside your ordinary duties for this extraordinary responsibility.

This screening experience, though often painful to me, has been invaluable. Rarely do family court judges have the time to contemplate the effect of their decisions, their courtroom management and, in general, their jurisprudence. The heavy family court docket demands action and does not allow for reflection.

For the past several months and in preparing for the screening hearings, I have had to reflect. During the hearings, I, like you, heard litigants speak from their hearts, voice their frustrations, and plea for help. While litigants often do the same in my courtroom, I am called upon by our constitution, our statutory law, and our Canons of Judicial Conduct to keep the proceedings focused on the case in controversy. Many times the issues or frustrations which litigants wish to address are not before the Court. I well understand that the parties often leave thinking that the Court has only scratched the surface of "the problem." While our system of justice is far superior to any other system instituted to date by man, it is imperfect. The screening hearing process gave me an opportunity to really listen without focusing on my more typical responsibilities.

Further, I feel it is now my responsibility as a member of the bench and bar to seek solutions to the concerns voiced by the witnesses who came forward to share their experiences with the Commission. In particular, I believe that it is incumbent for me to address the many complaints about the role and my management of court resources such as guardians ad litem. While guardians must be responsible for their work product, ultimately the buck should and does stop with me as judge.

Printed Page 3340 . . . . . Wednesday, May 15, 2002

While I will certainly need an opportunity for further reflection, involvement of the family court bar, and consensus among the other members of the family court bench within my circuit, and guidance from the South Carolina Supreme Court, I am personally committed to substantial reform of our circuit's use of guardians in custody disputes and related matters. I believe those reforms must include:

1. Absolute preservation of the judge's role as decision maker.

Unless requested by the judge, the guardian should not make recommendations as to awarding of custody. Even if a guardian makes a recommendation at my request, I should never "rubber stamp" that recommendation but rather base my decision upon the testimony of the witnesses and the evidence presented.
2. Adoption of standards of disclosure of conflicts of interest for guardians and consequent recusal every bit as tough as those placed on judges.

Guardians must, prior to appointment, fully and adequately disclose to all parties the guardian's relations (including business, social and familial) with the parties and attorneys in the case. While this standard should only encompass "known" relationships, the court and the guardians must realize that if the nature, extent, and duration of relationships are not disclosed, a party's dissatisfaction will only fester, resulting in a loss of respect and cooperation. The needs of our children are too great to accommodate either loss.
3. Adoption of standards of fair rates and methods of guardian compensation.
A family court judge should approve a method and rate of compensation for the guardians ad litem, including an initial authorization of a fee based on the facts of the case, at the time of appointment. The guardian should not depart from the method or exceed the amount authorized by the judge without notice to the parties and an opportunity for a hearing. Further, in determining the reasonableness of fees and costs, the family court should take into account:

a) the complexity of the issues before the court;

b) the contentiousness of the litigation;

c) the time expended by the guardian;

d) the expenses reasonably incurred by the guardian

e) the financial ability of each party to pay fees and costs; and

f) any other factors the court considers necessary.
I also believe that billings should be monthly and itemized and that any party should be able to petition the court to review the

Printed Page 3341 . . . . . Wednesday, May 15, 2002

reasonableness of fees and costs by the guardian or any person assisting or advising the guardian.
4. A judge should manage his courtroom such that all persons serving in a quasi-judicial capacity, including guardians ad litem, exhibit the temperament expected of a judge.
5. Guardians should be required to visit with a child in all "home settings."
6. Unless there are significant issues of cost containment and agreement of the parties, guardians should issue written reports well in advance of hearings. Further, these reports should be based upon:
a) meeting with and observing the child in the home setting on at least one occasion;
b) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case;
c) reviewing the child's school records and medical records, if the guardian considers it necessary;
d) obtaining the criminal history of each party and, when determined necessary by the guardian ad litem, obtaining the criminal history of a witness;

e) considering the wishes of the child;
f) considering the wishes of the child's family where such interests are discernible and the consensus of those involved.
Further, the guardian must keep a complete file of contacts, notes, and records.
7. There should be minimum qualifications for guardians.

A guardian should be at least 25, have a high school diploma, and must not have been convicted of or pled guilty or nolo contendere to a crime of moral turpitude, a crime classified as a felony pursuant to Chapter 1 of Title 16, criminal domestic violence, or assault and battery of a high and aggravated nature. Likewise, no person could be appointed as a guardian if he is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.
8. A guardian should be removable for good cause shown.
I intend to follow through on the personal commitment for the benefit of litigants in my courtroom, my circuit and any family courtroom in our State.

We as judges and lawyers should not move so fast in our administration of justice that we lose sight of the persons in the process. Empathy is paramount. Our decisions may well be the same, but the process may be wholly different-at the very best it will be a

Printed Page 3342 . . . . . Wednesday, May 15, 2002

process that perpetuates the dreams of those great founders of our nation and State who felt that justice delivered in a courtroom avoided confrontation in the streets, in the homes, or in front of our children. And perhaps there is no greater threat of confrontation based on frustration than that resident in our family courts. While I dream that our families and our children could one day not need our courts, I must be realistic enough to admit that is a dream not likely to come to fruition soon.

That being the case, it is essential that I accept responsibility for the justice that is delivered in my courtroom. There can be no handoff to a guardian ad litem, expert, or counselor, etc. All should and must be under my supervision and I, in the final analysis, must insure that all who enter leave having received my best efforts at justice and, hopefully, with a sense that either having prevailed or having lost that they have had "their day in court."

Thank you again for allowing me to follow-up with the Commission through this letter.

Sincerely,
/S/ H.T. Abbott, Jr.

CONCLUSION

The following candidates were found qualified:

Gayla S. L. McSwain Circuit Court for the Ninth Judicial Circuit, Seat 3
Judge Roger M. Young Circuit Court for the Ninth Judicial Circuit, Seat 3
Judge Robert N. Jenkins, Sr. Circuit Court At-Large Seat 4
Edward W. "Ned" Miller Circuit Court At-Large Seat 4
H.T. Abbott III Family Court for the Fifteenth Judicial Circuit, Seat 3

Respectfully submitted,
Representative F.G. Delleney, Jr.
Senator Glenn F. McConnell

Printed Page 3343 . . . . . Wednesday, May 15, 2002

Senator Thomas L. Moore
Representative Doug Smith
Senator James H. Ritchie, Jr.
Representative Fletcher N. Smith, Jr.
Mr. John P. Freeman
Judge Curtis G. Shaw
Mrs. Amy J. McLester
Mr. Richard S. Fisher
Received as information.

MESSAGE FROM THE SENATE

The following was received:

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

The Senate respectfully informs your Honorable Body that it has appointed Senator Grooms in lieu of Senator Gregory on the Committee of Conference on the part of the Senate on S. 190:

S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.

Very respectfully,
President
Received as information.

R. 302, H. 4435--ORDERED PRINTED IN THE JOURNAL

The SPEAKER PRO TEMPORE ordered the following veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 14, 2002
The Honorable David H. Wilkins

Printed Page 3344 . . . . . Wednesday, May 15, 2002

Speaker of the House
Room 508, Blatt Building
Columbia, South Carolina 29211

VETO MESSAGE

Dear Mr. Speaker:
I am hereby vetoing R. 302 (H. 4435 (Word version)) and returning the Bill to the House. This legislation would amend the South Carolina Tort Claims Act to eliminate the requirement that claims against the State and its political subdivisions be verified.
Section 4 of the Bill provides that it will be effective upon my signature. It does not, however, specifically limit the application of the Bill to causes of action arising on or after the effective date of the Act. This omission creates the possibility that causes of action against the State or its political subdivisions that are now time barred would be revived, resulting in additional liabilities to the taxpayers.
Consequently, I am returning H. 4435 to the House of Representatives with my veto.

Sincerely,
Jim Hodges
Governor

REPORTS OF STANDING COMMITTEE

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

S. 1133 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
Ordered for consideration tomorrow.

Printed Page 3345 . . . . . Wednesday, May 15, 2002

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

S. 638 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS BY ADDING SECTION 53-3-150 SO AS TO PROVIDE THAT MARCH SIXTH OF EACH YEAR IS LYMPHEDEMA D-DAY IN SOUTH CAROLINA, AND TO ENCOURAGE SOUTH CAROLINIANS TO WEAR A BUTTERFLY ON LYMPHEDEMA D-DAY AS A SYMBOL OF CARING AND HOPE FOR THOSE LIVING AND COPING WITH LYMPHEDEMA AND THE DEBILITATING CONDITION ASSOCIATED WITH LYMPHEDEMA.
Ordered for consideration tomorrow.

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

S. 977 (Word version) -- Senators Giese, J. V. Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.
Ordered for consideration tomorrow.

Printed Page 3346 . . . . . Wednesday, May 15, 2002

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5270 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE COACHES, TEAM MEMBERS, AND OTHER SCHOOL OFFICIALS ASSOCIATED WITH THE GREENVILLE HIGH SCHOOL BOYS SOCCER TEAM, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE STATE CLASS AAA CHAMPIONSHIP TITLE IN BOYS SOCCER.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the coaches, team members, and other school officials associated with Greenville High School boys soccer team, on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the state Class AAA championship title in boys soccer.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5271 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO RECOGNIZE THE GREENVILLE HIGH SCHOOL WARRIORS ON THEIR 20-1 BOYS SOCCER SEASON AND THEIR FIRST-EVER CLASS AAA BOYS SOCCER STATE CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5272 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO CONGRATULATE THE CHRIST CHURCH EPISCOPAL SCHOOL

Printed Page 3347 . . . . . Wednesday, May 15, 2002

BOYS SOCCER TEAM FOR WINNING THE CLASS A STATE SOCCER CHAMPIONSHIP FOR THE SECOND STRAIGHT YEAR.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5273 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION THANKING THE HONORABLE CHARLES RAY SHARPE OF AIKEN COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS DEDICATED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND CHAIRMAN OF THE HOUSE AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS COMMITTEE, AND WISHING HIM WELL AS HE SEEKS THE OFFICE OF SOUTH CAROLINA AGRICULTURE COMMISSIONER.

Whereas, the Honorable Charles Ray Sharpe was born on September 6, 1938, the son of J. C. and Lillie Sharpe; and

Whereas, he is married to the former Linda Karen Garvin, and together they are the proud parents of three children and one grandchild; and

Printed Page 3348 . . . . . Wednesday, May 15, 2002

Whereas, he is a graduate of Salley High School and has attended both Georgia Technical College and Midlands Technical College; and

Whereas, he is a printer, farmer, and Editor and Publisher of The Tri-County newspaper, which serves Aiken, Lexington, and Orangeburg Counties; and

Whereas, Representative Sharpe has served in the South Carolina House of Representatives since 1985, and since 1994 has distinguished himself as Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee; and

Whereas, Representative Sharpe has served as: Chairman of the Environmental Affairs Committee from 1988 to 1994; Chairman of the Southern Legislative Conference Committee on Energy and Environment; a member of the executive Committee of the Southern States Energy Board; Chairman of the Southern States Bio-biased Alliance for Alternative Sources of Energy; Chairman and founder of the Business Caucus; Chairman and founder of the Agriculture Caucus; and Chairman of the Aiken County Local Energy Planning Committee; and

Whereas, he is a member of Berlin Baptist Church where he serves as a Sunday School Teacher and Deacon; and

Whereas, Representative Sharpe is a charter member and member of the Board of Directors of the Wagener Lions Club; and

Whereas, he has served with both the South Carolina and Georgia Air National Guards; and

Whereas, the members of the House of Representatives have been informed that Representative Sharpe is retiring this year as a member of the House of Representatives to pursue the office of South Carolina Commissioner of Agriculture; and

Whereas, he has demonstrated vision and leadership while serving in the South Carolina House of Representatives, as well as a genuine commitment to serving the needs of all South Carolinians. Now, therefore,

Printed Page 3349 . . . . . Wednesday, May 15, 2002

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, thank the Honorable Charles Ray Sharpe of Aiken County, our friend and esteemed colleague for his many years of distinguished service as a member of the House Representatives and wish him well as he seeks the office of South Carolina Agriculture Commissioner.

Be it further resolved that a copy of this resolution be presented to the Honorable Charles Ray Sharpe.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 5274 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO DESIGNATE MAY 23-27, 2002, AS "THE WALL THAT HEALS DAYS" IN SOUTH CAROLINA AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO VISIT THIS EXTRAORDINARY MEMORIAL.

Whereas, from May 23-27, 2002, Lee County and the City of Bishopville will host the Vietnam Veterans' Memorial Fund's Traveling Wall, which is also known as "The Wall That Heals"; and

Whereas, "The Wall That Heals" is an exact half-scale replica of the original Vietnam Veterans' Memorial in Washington, D.C.; and

Whereas, "The Wall That Heals" travels across the United States, reminding us of the nearly sixty-thousand Americans, our family, friends, and neighbors, who made the ultimate sacrifice defending freedom in Southeast Asia; and

Whereas, the names of eight hundred ninety-five South Carolinians who perished while serving in Vietnam are enshrined on "The Wall That Heals"; and

Printed Page 3350 . . . . . Wednesday, May 15, 2002

Whereas, "The Wall That Heals" will be welcomed officially to the State of South Carolina at a special ceremony on Thursday, May 23, 2002; and

Whereas, during its five-day visit to South Carolina, the public will be able to view it twenty-four hours a day at Lake Ashwood in Lee County; and

Whereas, all South Carolinians are encouraged to celebrate this special time and visit the memorial to recognize not only the loss and sacrifice of those whose names are inscribed on The Wall, but also the hundreds of thousands of men and women who lost their lives in military service to this State and Nation; and

Whereas, may we all be humbled by their service and eternally appreciative of their commitment to freedom and democracy. Now, therefore,

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

That the members of the General Assembly designate May 23-27, 2002, as "The Wall that Heals Days" in South Carolina and encourage all South Carolinians to visit this extraordinary memorial.

Be it further resolved that the names of those South Carolinians who gave their lives be attached to this resolution.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Charles A. Beasley, Chairman of Lee County and to The Honorable Thomas H. Alexander, Mayor of the City of Bishopville.

DWANE L. ADAMS, JESSE L. ADAMS, JOSEPH B. ADAMS, WILLIAM O. ADAMS, JR., BILLY W. ADDIS, BARRY K. ALEXANDER, JOHN K. ALLAIRE, JOHN R. ALLISON, ARCHIE ANDERSON, WALTER H. ANDERSON, TERRY L. ANTON, JOHN C. ARDIS, JAMES ARNOLD, LARRY F. ARNOLD, JAMES W. AYERS, DOUGLAS M. BACOT, DONALD R. BAIR, CLARENCE E. BAKER, JESSE R. BAKER, WILLIAM R. BALDWIN, MICHAEL F. BANKS, VINCENT N. BANKS, JAMES M. BARBARE, FRANK

Printed Page 3351 . . . . . Wednesday, May 15, 2002

L. BARBEE, ALLAN G. BARNES, JOE W. BARNES, TONEY A. BARNETT, ROY G. BARNETTE, JOHN L. BARNHART, SHELTON F. BARRS, MICHAEL G. BARTON, NEWTON T. BELL, JR., SIMMIE BELLAMY, JR., JAMES BELTON, THEODORE BELTON, FREDERICK W. BERGESS, NEAL I. BEST, JIMMY C. BETHEA, LUTHER BETHEA, JR., WILLARD F. BEVERLY, WILSON C. BICKLEY, JOHN L. BINGLEY, JR., JOHN M. BISCHOFF, JAMES M. BISHOP, DAVID F. BLACK, HUGH F. BLACKBURN, ROBERT L. BLACKWELL, ROY J. BLACKWELL, JR., RAYMOND W. BLANDIN, AARON BLANDING, BURTON A. BLANTON, FRANK BLAS, JIMMY E. BOAN, JAMES C. BODISON, HARRY L. BOLES, WILLIAM I. BOUTON, JR., MARVIN W. BOWEN, MATTHEW A. BOWEN, GROVER C. BOWERS, JR., CURTIS BOWMAN, FRANK BOWMAN, MELVIN BOWMAN, EUGENE R. BOYCE, SAM H. BOYD, WAYNE BOYD, GEDDES C. BOYTER, JR., JAMES BRADLEY, KENNETH R. BRADLEY, CLAUDE E. BRAGG, JOHNNY T. BRANHAM, WALTER L. BRANNON, LEROY BRANTLEY, JACK W. BRASINGTON, ROY D. BRATTON, THOMAS C. BREWER, JR., DONALD L. BRICKLE, RICHARD H. BRIDGES, JOHNNIE L. BRIGMAN, THOMAS D. BROCK, RICHARD B. BROCKMAN, LEYBURN W. BROCKWELL, JR., DAVID L. BROOKS, JAMES R. BROOKS, JR., PAUL R. BROWDER, CHRIS BROWN, JR., HARRY W. BROWN, IRVIN BROWN, JAMES H. BROWN, JR. JAMES L. BROWN, SAMUEL J. BROWN, WILSON B. BROWN, ROBERT E. BROWNING, DAVID L. BRUNSON, WILLIAM E. BRUSTER, GARY R. BRYANT, JAMES R. BRYANT, JERRY BRYANT, CLARENCE H. BURDETT, HILBURN M. BURDETTE, JR., TITUS L. BURGESS, LUTHER BURNS, WALTER BURNS, ULYSSES G. BURROUGHS, HENRY L. BURTON, WILLIAM BURTON, JR., JOHNNIE E. BUTLER, LINNELL BUTLER, DONALD B. BUTTON, JERRY W. BYERS, RALPH E. BYRD, GLENN A. CAIL, ROBERT CAIN, JR., WILLIAM J. CALDWELL, CLIFTON E. CALLAHAN, JAMES S. CAMP, BILLY W. CAMPBELL, RICHARD M. CAMPBELL, JAMES W. CANTRELL, JERRY CAPE, ARCHIE D. CARNELL, JAMES A. CARPENTER, ROGER L. CARPENTER, FRED J. CARTER, JOHN L. CARTER, WILLIAM T. CARTER, KENNETH W. CASSEL, J. B. CATHEY, HERBERT H. CATO III, DURWOOD CAULDER, WILLIAM H. CAUSEY, THOMAS L. CHANDLER, LAWRENCE CHAPLIN, DONNIE R. CHASTAIN, GERALD E. CHASTAIN, WOODROW B. CHASTAIN,

Printed Page 3352 . . . . . Wednesday, May 15, 2002

RONNIE CHAVIS, JOHN L. CHESEBROUGH, LELAND M. CHESTNUT, BOBBY R. CHILDS, ALEXANDER CHISOLM, ARTHUR L. CHISOLM, MICHAEL L. CHRISTMAS, SAMUEL CHRISTOPHER, JR., CECIL J. CLACK, JAMES D. CLARDY, ALLEN H. CLARK, CHARLES CLARK, JOHN W. CLARY, BENNY D. CLAYTON, WILLIAM G. COATS, THEODORE COAXUM, GEORGE L. COBB, HEWETT F. E. COE, BILLY L. COKER, OLAN D. COLEMAN, WYMAN B. COLEMAN, CLAUDE L. COLLINS, JULIUS COLLINS, JR., LLOYD A. CONE, JAMES E. COOK, JOHN I. COOK, EDDIE B. COOKE, JR., SIDNEY H. COOLER, CALVIN E. COOPER, FAY K. COOPER, LAVERN COSOM, JOHNNY P. COSTNER, WILLIAM J. COUSAR, JOSEPH W. COX, ROGER D. COX, ROBERT M. CRAIG, WAYNE F. CRAPSE, ALBERT E. CREAMER, FLOYD A. CRIBB, JIMMY O. CROFT, JACKIE L. CROSBY, DONALD C. CROTTS, JOHN P. CULP, KENNETH L. CULVEY, JOHNNY J. CURETON, JR., JAMES CURRIE, JR., JOHNNIE L. DANIEL, DANNY E. DANIELS, DANA C. DARNELL, DAVID W. DASH, DAVID D. DAVENPORT, JR., DONALD C. DAVES, CHARLES E. DAVIS, JR., CORNER M. DAVIS, JOHN K. DAVIS, LEWIS A. DAVIS, RANDY M. DAVIS, ROLAND K. DAVIS, RONNIE L. DAVIS, WILLIE J. DAVIS, WILSON DAVIS, WOODROW DAVIS, JR., CALVIN D. DAWKINS, CLARENCE DAWKINS, JR., PHILLIP R. DEARING, DELMAR C. DENNIS, ALVIN J. DERRICK, BRUNSON A. DERRICK, SR., WALLACE J. DIETZ, JAMES A. DILL, EARL DINGLE, CORDIE L. DIXON, FRAZIER T. DIXON, JAMES DOLLARD, MARVIN L. DOOLEY, HARRY J. DORSEY, JAMES L. DOUSE, JOHNNY L. DOVER, JR., WILLIE C. DOZIER, ARTHUR M. DRIGGERS, JR., JERRY T. DRIGGERS, AUSTIN L. DRUMMOND, RONALD D. DUCKER, BRUCE W. DUDLEY, JR., THOMAS W. DUKE, GEORGE B. DUKES, ONEAL DUNMORE, CHARLES G. DUSING, CHARLES H. DYCHES, ROYCE E. EDDLEMAN, HAROLD T. EDMONDSON, JR., AUSTIN I. EDWARDS, EDWIN R. EDWARDS, FREDFOR EDWARDS, HARRY J. EDWARDS, JAMES M. EDWARDS, PAUL W. EDWARDS, WILLIAM E. EDWARDS, ROBERT B. ELDRIDGE, THAROLD W. ELLIOTT, JAMES M. ELLIS, RANDALL S. ELLIS, RAYMOND D. ELLIS, WILLIAM ELLIS, JR., ROBERT L. ELMORE, ANTHONY J. ESTELLA, COLLIE ETHERIDGE, ALONZA EVANS, ERNEST EVANS, HENRY F. EVANS, EVERSON B. FAISON, RICHARD H. FANNING, AUDLEY M.

Printed Page 3353 . . . . . Wednesday, May 15, 2002

FEDERLINE, JR., JAMES L. FELTY, BENNY H. FERGUSON, LEROY FERGUSON, CHARLES R. FERRELL, RONALD E. FIELDS, FORDHAM E. FINCH, JR., STEVE FLAHERTY, LEON D. FLANDERS, LARRY FLEMING, JR., CHARLES E. FORD, WILLIAM C. FORE, EARL W. FOSTER, JR., JAMES B. FOSTER, JR., SAMUEL E. FOSTER, WILLIE F. FOSTER, RICHARD L. FOXX, ANTHONY L. FRANKS, ARTHUR D. FREDERICK, JOSEPH L. FREEMAN, JR., KENNETH FRIERSON, WARREN R. FURSE, VERNON R. FYALL, HERMAN B. GAILLIARD, FRANKLIN D. GAMBRELL, JOHN H. GARNER, WILLIAM D. GARNER, ALONZO GARRETT, JACKY L. GARRETT, LLOYD E. GARRETT, JAMES N. GAY, JOHN H. GEDDINGS, JACK E. GELL, LUTHER A. GENES, ROBERT L. GENTRY, EMMITT R. GEORGE, ISREAL GIBBS, WILLIAM GIBBS, JR., DAVID GIBSON, JAMES D. GIBSON, SILAS E. GIBSON, JAMES R. GILMORE, JR., DWIGHT O. GILSTRAP, DAVID L. GINN, CHARLES J. GIRARD, HOMER L. GLEATON, DONALD N. GLENN, DONALD L. GOLDSMITH, ANTHONY GOLSON, ROBERT S. GOOD, JR., JOSEPH A. GOODSON, RONALD N. GOODWIN, HORACE R. GORE, CHARLES M. GOUDE, LARRY R. GOURDINE, EARL C. GRAHAM, ROBERT L. GRAHAM, PHILLIP GRANT, THOMAS GRANT, JEHOVAH GRAVES, MICHAEL L. GRAVES, DAVID H. GREEN, JR., DAVID N. GREEN, JR., EDWARD GREEN, JR., WILBUR GREENE, FRANCIS L. GRIFFIN, HARLEY F. GRIGGS, JIMMIE L. GROOMS, CLEMENT B. GRUBER, WILLIAM A. GUNNELLS, HARLEY B. HACKETT III, ADHERENE L. HAINES, BOYCE L. HALL, JIMMY W. HALL, TERRELL T. HAM, PAUL C. HAMBY, JR., BOBBY J. HAMES, WINSTON C. HAMILTON, LELAND E. HAMMOND, KENNETH HANNA, RICHARD L HANNON, JOSEPH E. HARDEE, CURTIS L. HARDIN, RONALD W. HARRILL, ABRAHAM HARRIS, CARL E. HARRIS, JOSEPH L. HART, JIMMIE L. HARVIN, KENNETH M. HATCHER, WILLIAM H. HAWKINS, JOHN W. HAYNES, BRUCE E. HAZLE, TERRY S. HEARON, JERRY D. HELMS, MONTIE H. HENDERSON, JR., ROBERT L. HENDERSON, ROBERT L. HENNEGHAN, WILLIAM J. HENRY, GAREY L. HENSLEY, LARRY K. HENSON, ALFRED J. HERRING, JR., BRADY W. HERRING, CHARLES E. HIGBEE, JR., WILLIAM R. HIGHT, RALPH O. HILL, VERTIS J. HILL, JR., STEPHEN R. HILTON, JOHN T. HINES, EUGENE HINGLETON, JR., MICHAEL L. HINO, JOHN R. HINSON, RONALD DOUGLAS HINSON, HARKLES L. HODGES, SHULER A. HOFFMAN, CARL

Printed Page 3354 . . . . . Wednesday, May 15, 2002

L. HOLDER, VERNON G. HOLLIFIELD, JERRY G. HOLLINGSWORTH, JR., JOHN H. HOLMES, THOMAS E. HOLMES, ALPHONZO HOLMON, JR., JOHN A HOOKER, DAYTON J. HOOKS, MYLON R. HOPKINS, FRANCIS D. HORLBACK, MATTHEW HOUGH, DAVID L. HOWARD, JULIUS J. HOWARD, JR., JAMES D. HOWE, ROBERT E. HOWELL, SAMMIE HOWELL, ERNEST C. HOWLE, CHARLES C. HOWZE, LLOYD J. HUCKS, EUGENE HUGGINS, GORDON S. HUGGINS, RICHARD V. HUGGINS, HAZEL H. HUMPHRIES III, RONALD E. HUMPHRIES, LEROY HUNTER, GARY C. HUTCHERSON, WALLACE G. HYNDS, JR., BENJAMIN F. JACKSON, JAMES C. JACKSON, NATHANIEL E. L. JACKSON, SYLVESTER JACKSON, JR., ERNEST L. JACOBS, JR., EDDIE L. JAMES, JR., JOHN L. JEFFERS, LEROY JEFFERSON, FRED H. JENKINS, KENNETH B. JENKINS, REGINALD R. JENKINS, WILLIAM JENKINS, ROBERT L. JENNINGS, CURTIS L. JETER, WILLIE L. JOE, ALBERT JOHNSON, JR., CHARLES F. JOHNSON, JR., CHARLES JOHNSON, JR., CLEVELAND O. JOHNSON, FRANKIE B. JOHNSON, JR., GEORGE JOHNSON, JACOB JOHNSON, LEMUEL JOHNSON, LEROY JOHNSON, NATHANIEL L. JOHNSON, RALPH H. JOHNSON, WILLIE JOHNSON, JAMES M. JOHNSTONE, CHARLES A. JONES, CLIFTON R. JONES, ELIZABETH A. JONES, HORACE JONES, JERALD L. JONES, WILLIAM J. JONES, LARRY L. JORDAN, ARTHUR L. JORDON, JAMES JOSEPH, RICHARD W. KAPP, JR., DOUGLAS O. KEEFE, GERALD B. KEENE, WILLIE L. KEITH, DEWEY W. KELLEY, BENJAMIN E. KELLY, JR., JIMMY KEMP, MATTHEW D. KENNEDY, ANDERSON H. KEY, WILLIAM H. KILBURN, ROBERT C. KING, ROBERT E. KING, ROBERT L. KING, THOMAS P. B. KING, WYLIE C. KING, HARVEY J. KINSEY, JOEL R. KITCHENS, RICHARD KNIGHT, WAYNE W. KNUPP, ALLAN S. KOHN, STEPHEN J. KOTT, HELMUT G. LAKASZUS, IVARS LAMA, FREDDIE L. LAMKIN, JOHN H. LANCE, MICHAEL S. LANE, HENRY D. LANKFORD, CLARENCE A. LATIMER, WILLIAM R. LAWLESS, JR., LAMAR A. LAWSON, LARRY E. LAWSON, BILLY J. LAWTON, WEBB H. LAYTON, JR., SIDNEY G. LAZARUS, JR., JOSEPH C. LAZICKI, HAROLD P. LEAPHART, DON K. LEDFORD, BILLY LEE, MELVIN LEE, JIMMY W. LESAINE, JIMMIE LEWIS, LEE LEWIS, WALTER W. LEWIS, EPHRIAM R. LILES II, ROY L. LIPSCOMB, JOHNNY LISBON, ERSKIN D. LIVINGSTON, JOHNNY W. LLEWELLYN,

Printed Page 3355 . . . . . Wednesday, May 15, 2002

ALLISON W. LOCKLAIR, RAYMOND E. LONG, THOMAS I. LONG, LUIS B.R. LOPEZ, JACK N. LOUALLEN, JOHN W. LUCAS, PATRICK D. LUCAS, MILTON B. LUSTER, BELTON LYLES, JR., CHARLIE LYLES, JR., JAMES LYONS, JR., MICHAEL C. E. MAC, DANIEL J. MACK, HAROLD MACK, JR., LEON S. MADDEN, WILLIE E. MADDEN, DANNY R. MAGAHA, G. W. MAGBEE, HAROLD E. MAHY, JAMES B. L. MAKIN, WOODROW MAKIN, JR., BOBBY S. MALICHI, ROBIN MANGUM, CLYDE T. MARTIN, HOYLE MARTIN, KENNETH A. MASON, JOHN W. MASSEY, JR., EARL MATTHEWS, JR., ROY G. MATTHEWS, BENJAMIN F. MATTISON, MELVIN C. MAULDIN, JR., THOMAS J. MAULDIN, JOSEPH MAYES, SAMUEL D. MCCLARY, ELEC MCCOY, JAMES R. MCCOY, DOUGLAS M. MCCRARY, BILLY R. MCCULLOUGH, JOHN E. MCCULLOUGH, BILLY C. MCDANIELS, JERRY S. MCDONALD, CHARLES E. MCDOWELL, HAROLD G. MCDOWELL, SAMUEL T. MCDOWELL, JR., CARL MCFADDEN, JR., HARRY B. MCFADDEN, HAROLD F. MCGAHA, JOSEPH O. MCGEE, JOHN R. MCKAY, JR., JACOB MCKIE, THOMAS A. MCKINNEY, MICHAEL R. MCLENDON, CHARLES L. MCMAHAN, THOMAS E. MCMAHAN, JR., WALLACE T. MCMAKIN, ROBERT A. MCMILLIN, ALFRED MCPHERSON, JIMMIE L. MCRAE, JAMES C. MCKITTRICK, FRED H. MCMURRAY, JR., CAROL F. MEADOWS, DENNIS R. MEETZE, MARION L. MEGGS, JAMES E. MELVIN, JR., ROGER E. MERCK, JACK W. MESSER, MOSES MICKLE, STEVEN A. MIDDLETON, GALEN S. MILES, HAROLD G. MILES, JOE J. MILES, JAMES MILLER, JERRY L. MILLER, PAUL MILLER, CHARLES R. MILTON, JR., GEORGE I. MIMS, JR., JAMES M. MINCEY, CARROL W. MINOR, DAVID L. MITCHELL, DONALD T. MITCHELL, ISAIAH MITCHELL, JR., MACK L. MITCHELL, WILLIE J. MITCHELL, JR., JESSE W. MONTAGUE, JR., ADGER E. MOODY, HERBERT W. MOODY, JACK D. MOORE, JR., JIMMY L. MOORE, LEONARD L. MOORE, NORMAN J. MOORE, THOMAS A. MOORE, WILLIAM L. MOORE, CLARENCE L. MOORER, RAMON MORENO, CHARLES L. MORGAN, CLYDE E. MORGAN, MERLE B. MORROW, REGINALD G. MORSE, SAMUEL R. MOSER, JOE D. MOULTRIE, JAMES C. MULLINAX, JR., JIMMY E. MUMFORD, JOHN R. MUNGER, CAESAR MURRAY, JOHN W. MURSCH, ANTHONY P. NASH, HEYWARD W. NEDD, DICKIE O. NELSON, EUGENE NELSON, SANFORD L. NELSON, VICTOR L.

Printed Page 3356 . . . . . Wednesday, May 15, 2002

NETTLES, JR., JAMES NICKENS, CHARLES B. NORRIS, GRADY L. NORRIS, RONNIE E. NORRIS, THOMAS L. NORWOOD, JR., WILLIAM A. NORWOOD, CLARENCE E. NUNNERY, JR., THOMAS D. O'CONNOR, WILLIAM E. O'CONNOR, CLIFTON OLIVER, RANDY D. OLIVER, SAMUEL W. OSBORNE, JR., RAY W OWEN, HENRY L. OWENS, JAMES D. OWENS, JAMES E. OWENS, MARTIN L. OWENS, ROBERT L. OWENS, MARION L. OXNER, GARY L. PACE, RONALD E. PACE, PHILLIP A. PAGE, CURTIS W. PAINTER, ARNOLD PAIRIS, ALBERT E. PARKER, ARTHUR M. PARKER III, EDGAR E. PARKER, ROBERT PARKER, WESLEY PARKER, CHARLES H. PARKS, JR., RONALD D. PATE, PATRICK C. PATTERSON, WASHINGTON PAULEY, WILLIE J. PAYNE, WAYNE D. PEAGLER, JESSE J. PEARSON, BILLY H. PEEPLES, BENJAMIN F. PELZER II, ROBERT PENDARVIS, FRANKLIN H. PENN, WILLIE J. PERKINS, ROBERT D. PERRY, STEVEN L. PESSIER, MATTHEW PETERSON, STANLEY R. PETTIT, WILLIAM C. PETTY, FREDDIE J. PHIFER, CHARLES W. PHILLIPS, JR., JERRY A. PHILLIPS, LAWRENCE PHILLIPS, WESLEY L. PHILLIPS, WYLIE O. PHILLIPS, ALONZA W. PHOENIX, HARMON J. PIGATT, ROBERT L. PLATT, JR., JIMMIE C. POE, ERNEST E. POLSTON, WILLIAM D. POOLE, JR., THOMAS W. POORE, DONALD B. POPE, LARRY J. PORTER, JAMES POSTON, LARRY E. POTTER, JOHNNIE W. POTTS, THEUS J. POUND, JOSEPH PRESTON, JR., MAXIE L. PRICE, ROBERT H. PRICE, JOHN H. PRIEST, JR., WAYNE S. PROCTOR, DAVID M. PRUITT, OSIER L. PRUITT, TROY M. PUCKETT, GERALD R. PUGH, THOMAS W. PUSSER, GEORGE D. QUICK, JR., TERRY L. QUIGLEY, JOSEPH L. RABON, GEORGE E. RAILEY, FORREST D. RAINS, JR., FRANKLIN RAMBERT, JORDAN E. RAMEY, CHARLES G. RAWLS, JOHN READY III, JAMES L. REAVES, JOHN S. REAVES, JR., MELVIN REEDER, HAROLD M. RENWICK, JR., WILLIAM J. REVELL III, CLYDE A. RHINEHART, FERRIS A. RHODES, JR., KENNETH RHODES, THOMAS RICE, JR., JOSEPH W. RICH, JIMMIE J. RICHARDSON, THEODORE RICHARDSON, CHARLES D. RIKARD, EDDIE L. RILEY, NATHAN RIVERS, WILBURN ROBERSON, GARY K. ROBERTS, KENNETH E. ROBERTS, LLOYD V. ROBERTS, BOBBY L. ROBERTSON, CALVIN ROBINSON, CHARLES H. ROBINSON, FREDDIE L. ROBINSON, JIMMIE L. ROBINSON, JOHN W. ROBINSON, JR., LUCIEN ROBINSON, MELVIN ROBINSON, TILLMAN D.

Printed Page 3357 . . . . . Wednesday, May 15, 2002

RODGERS, JR., FRANKLIN D. ROWELL, WILLIE J. RUFF, WARREN L. RUTLAND, JOSEP L. RUZICKA, JR., HAROLD R. SALE, JR., JAMES SALLEY, JR., ISAIAH SAMUELS, BOBBY SANDERSON, ARNOLD SANFORD, JAMES W. SANFORD, LEONDA SARTOR, JOHNNIE P. SAWYER, WILLIAM SAYLOR, JR., BILLY J. SCHAFFER, JAMES W. F. SCHELLIN, GREGORY C. SCHOPER, LAWRENCE E. SCOTT, RANDOLPH SCOTT, RANDOLPH C. SCOTT, VERNON E. SCOTT, WILLIAM D. SEASE, CHARLES SEGAR, JR., ROBERT SELLERS, WILLIAM F. SHAW, JR., THOMAS G. SHEPHERD, JOE T. SHUMPERT, GAROLD R. SIMMERS, EDDIE L. SIMMONS, FAY C. SIMMONS III, ISIAH SIMMONS, RICHARD SIMMONS, ROBERT L. SIMMONS, HILBERT M. SINGLETARY, JR., RAYMOND SINGLETON, DONALD R. SIZEMORE, MICHAEL R. SKIPPER, VERNAR SLOAN, BENJAMIN A. SMALLS, JOSEPH SMALLS, ALBERT W. SMARR, JR., CARY J. SMITH, DAVID G. SMITH, DAVID W. SMITH, DAVID W. SMITH, HAROLD M. SMITH, JOHN C. SMITH III, JOHN L. SMITH, R. J. SMITH, RICHARD L. SMITH, TERRY L. SMITH, WILBUR E. SMITH, JR., WILLIAM H. SMITH, WILLIAM T. SMITH, JAMES T. SMOAK, JR., DUNCAN P. SMYLY, SAMMIE R. SNEED, JR., RICHARD A. SNOWDON, EDWARD D. SOSSAMON, HARRY L. SOWELL, JR., ISAAC SPARKMAN, ROOSEVELT SPEIGHTS, JAMES A. SPENCER, JR., WILLIE D. SPIVEY, ANDREW SPRINGS, RONALD E. SPROUSE, JAMES E. STARKS, DAVID W. STATON, LINDELL R. STEGALL, J. LYNN STENHOUSE, JR., BOBBY G. STEVENSON, DAN R. STEWART, ROBERT H. STEWART, FLOYD L. STILL, FRED H. STILL, JERRY M. STILL, DAVID R. STONE, JAMES E. STONE, JOSEPH O. STRICKLAND, DENNIS C. STROUD, ISAIAH T. STUKES, HAROLD O. STUMP, GERALD D. SULLIVAN, JOSEPH H. SULLIVAN, CLYDE S. SWEATT, MICHAEL M. SWEENEY, DANNY R. SWOFFORD, HERSHALL TALLENT, KENNETH W. TAPSCOTT, WALTER R. TATE, JR., WILLIE J. TATE, CECIL F. TAYLOR, GEORGE T. TAYLOR, JR., PRESTON TAYLOR, JR., TED J. TAYLOR, THOMAS M. TAYLOR, TOMMY L. TAYLOR, JOHN W. TEAGUE, WILLIAM E. TEER, DOUGLAS THOMAS, JR., JACK THOMAS. JR., JAMES M. THOMAS, RUDOLPH C. THOMAS, ALBERT C. THOMPSON, CARL THOMPSON, CARROLL U. THOMPSON, CHARLES L. THOMPSON, DANNY S. THOMPSON, THERMALL THOMPSON, WILLIAM F. THOMPSON, BOBBY D. TIMMONS, CARL E. TODD, MILES D.

Printed Page 3358 . . . . . Wednesday, May 15, 2002

TOUCHBERRY, JR., CHESTER D. TOWNSEND, BOBBY R. TRAPP, JOHNNY R. TRIPLETT, CHARLES K. TRUESDALE, MICHAEL J. TRUSTY, DAVID TUCKER, JOE N. TUCKER, ARTHUR TURNER, JR., LINDSAY C. TURNER, MARCUS S. TURNER, JR., ROBERT L. TURNER, MICHAEL H. TUTEN, EARTHELL TYLER, JESSIE J. TYLER, JAMES P. TYNER, LARRY VILLANUEVA, JAMES H. VILLEPONTEAUX, JR., LAWRENCE WAITERS, ROBERT D. WALDEN, EDWARD WALKER, EVANS S. WALKER, JOHN H. WALKER, LUTHER WALKER, JR., THOMAS E. WALKER, JAMES A. WALL, GEORGE H. WALLINGTON, EUGENE WALTERS, RICHARD E. WALTERS, RICHARD F. WALTERS, BEN C. WARD, HERSCHEL R. WARD, ARTHUR L. WARNER, GEORGE R. WASHINGTON, JOHN S. WASILOW, FRANKLIN D. WATERS, CHARLES B. WATSON, JR., LARRY E. WATSON, CLARENCE L. WAY, ROY J. WEATHERFORD, JR., LIBERT J. WELDON, JR., HUGH W. WELLONS, STEPHEN J. WELSH, THOMAS L. WESTPOINT, JERRY WHITAKER, BEN WHITE, ISAIAH WHITE, LEON WHITE, MELVIN E. WHITE, NATHAN WHITE, JR., WILLIE WHITE, BROADUS A. WHITT, HERBERT WIGFALL, JR., JAMES L. WILKS, HUGH G. WILLARD, BEN WILLIAMS, BILLY WILLIAMS, CALVIN WILLIAMS, CAROL E. WILLIAMS, CLARK L. V. WILLIAMS, DANIEL WILLIAMS III, DOYLE WILLIAMS, EDDIE K. WILLIAMS, FRANK N. WILLIAMS, HARRIS L. WILLIAMS, JAMES E. WILLIAMS, JAMES U. WILLIAMS III, JERRY H. WILLIAMS, JOHNNY E. WILLIAMS, LEONARD WILLIAMS, RONALD A. WILLIAMS, WILLIE A. WILLIAMS, BENJAMIN J. WILLLIAMSON, EDWARD L. WILLIAMSON, LAWRENCE W. WILSON, WILLIAM E. WILSON, HARRISON WINE, JR., MARION WITHERSPOON, JAMES E. WOOD, WILLIAM E. WOOD, JR., ADVERT WOODS, JR., WILLIAM S. WOODS, JERRY D. WORTHY, CLIFTON WRIGHT, CURTIS R. WRIGHT, JAMES WRIGHT, JOE D. WRIGHT, LEWIS C. WUESTENBERG, CHARLES R. YATES, DAVID YELDELL, CLARENCE C. YOUNG, GLEN A ZEIGLER.

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

Printed Page 3359 . . . . . Wednesday, May 15, 2002

CONCURRENT RESOLUTION

The following was introduced:

H. 5275 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND ITS EXECUTIVE DIRECTOR, ELIZABETH S. MABRY, ON THEIR INNOVATIVE APPROACH IN DEVELOPING FUTURE TRANSPORTATION LEADERS THAT WILL MAINTAIN OUR TRANSPORTATION SYSTEM AS ONE OF THE VERY BEST IN THE NATION.

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

HOUSE RESOLUTION

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

H. 5276 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE IRMO HIGH SCHOOL 2001 LADY YELLOW JACKETS TENNIS TEAM AND COACHES AT A TIME AND ON A DATE AS DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND

Printed Page 3360 . . . . . Wednesday, May 15, 2002

CONGRATULATED FOR WINNING THE 2001 CLASS AAAA STATE CHAMPIONSHIP IN GIRLS TENNIS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Irmo High School 2001 Lady Yellow Jackets tennis team and coaches at a time and on a date as determined by the Speaker, for the purpose of being recognized and congratulated for winning the 2001 Class AAAA State Championship in girls tennis.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5277 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND LINDA BALDWIN OF CHAPIN FOR HER THIRTY-ONE YEARS OF DEDICATED SERVICE AND COMMITMENT TO EDUCATION, CONGRATULATE HER FOR MANY OUTSTANDING ACHIEVEMENTS THROUGHOUT HER DISTINGUISHED CAREER AS A TEACHER, AND EXTEND TO HER AND HER FAMILY EVERY GOOD WISH ON THE OCCASION OF HER RETIREMENT FROM CHAPIN HIGH SCHOOL.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5278 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND JUDITH "JUDI" ASKINS OF CHAPIN FOR HER THIRTY-EIGHT YEARS OF DEDICATED SERVICE AND COMMITMENT TO EDUCATION, CONGRATULATE HER FOR MANY OUTSTANDING ACHIEVEMENTS THROUGHOUT HER DISTINGUISHED CAREER AS A TEACHER, AND EXTEND TO HER AND HER FAMILY EVERY GOOD WISH ON THE

Printed Page 3361 . . . . . Wednesday, May 15, 2002

OCCASION OF HER RETIREMENT FROM CHAPIN HIGH SCHOOL.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5279 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND GERRI MERCK OF CHAPIN FOR TWENTY-SIX YEARS OF OUTSTANDING SERVICE TO THE STUDENTS, ADMINISTRATION, STAFF, AND FACULTY OF CHAPIN HIGH SCHOOL AS A MEDIA ASSISTANT, AND TO EXTEND EVERY GOOD WISH TO HER AND HER FAMILY ON THE OCCASION OF HER RETIREMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5280 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, KNOWN AS THE "SAFE CHANNEL", AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS OR MARKERS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler

Printed Page 3362 . . . . . Wednesday, May 15, 2002

Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrell
Harrison               Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Klauber
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Taylor                 Thompson
Townsend               Vaughn                 Walker
Webb                   Whatley                White
Wilder                 Witherspoon            Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 15.

Karl Allen                        Phillip Sinclair
Joel Lourie                       Jerry Govan
Marty Coates                      Seth Whipper
Daniel Tripp                      Leon Howard
Todd Rutherford                   Bill Riser
Alex Harvin                       Gloria Haskins
David Weeks                       David Wilkins
Richard Quinn                     Joseph Neal

Total Present--116

Printed Page 3363 . . . . . Wednesday, May 15, 2002

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. CARNELL a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 14.

DOCTOR OF THE DAY

Announcement was made that Dr. John Eady of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. G. BROWN presented to the House the Lee Central High School Girls Basketball Team, the 2002 Class AA State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. HOSEY presented to the House the Jefferson Davis Academy "Lady Raiders" Girls Basketball Team, the 2002 South Carolina Independent School Association Class A State Champions, their coach and other school officials.

CO-SPONSOR ADDED

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."

Printed Page 3364 . . . . . Wednesday, May 15, 2002

CO-SPONSOR ADDED

Bill Number: H. 4922 (Word version)
Date: ADD:
05/15/02 A. YOUNG

S. 1205--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

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.

Reps. PHILLIPS, MCCRAW and LITTLEJOHN, with unanimous consent, proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21638SD02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 1 of Act 587 of 1992, as last amended by Act 503 of 1996, is further amended to read:

"Section 1. (A) Notwithstanding any other provision of law, beginning with the ~~1992~~ 2002 election, the Board of Trustees of Cherokee County School District 1 consists of ~~nine~~ seven members who must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the ~~nine~~ seven defined single-member election districts established in Section 2 2A of this act. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the nine members elected in 1992, five shall serve for initial terms of four years each and four shall serve for initial terms of two years each, the initial term of each member to be determined by lot at the first meeting of the board following the 1992 election in 2002, members from Districts 2, 3, 4, and 6 shall be elected and in 2004 members from Districts 1, 5, and 7 shall be elected. Upon the members elected in 2002 taking office, the terms of the present members of the board from Districts 8 and 9 shall

Printed Page 3365 . . . . . Wednesday, May 15, 2002

expire thereby resulting in a seven-member board. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of the respective district from which the candidate seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires. The filing period opens at noon on the second Friday of August of the year in which the nonpartisan election is to be held and closes at noon on the fourth Friday of August of that year.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

Except for those present members of the board who shall continue to serve until 1994 as provided by subsection (B), the current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire.

Printed Page 3366 . . . . . Wednesday, May 15, 2002

(B) In addition to the nine members of the board elected from single-member election districts as provided for in subsection (A), the present members of the board elected from the school district at large whose terms expire in 1994 shall continue to serve on the board until the 1994 election at which time these at-large seats shall be eliminated. Nothing herein prevents a present member of the board elected from the school district at large from offering as a candidate in 1992 for election from the particular election district in which he resides. If such a present member offers for election and is elected from that district, his term as an at-large member expires upon his taking office in 1992 rather than in 1994. If such a present member offers for election and is not elected from that district, he nevertheless shall continue to serve as an at-large member until 1994 as provided in this subsection. Beginning with the 2002 election, candidates for election to the board shall pay a two hundred dollar filing fee to the county election commission at the time of filing for election which shall be transmitted to the board and held in a special account to offset the cost of these school trustee elections. After the 2002 election, the board by majority vote is authoirzed to increase this filing fee as and if necessary."
SECTION 2. Section 2 of Act 587 of 1992 is deleted.
SECTION 3. Act 587 of 1992 is amended by adding a new Section 2A to read:

"Section 2 A. The seven single-member election districts from which members of the board of trustees of Cherokee County School District 1 shall be elected beginning in 2002 are as shown on Map Reference S-21-00-02 compiled and maintained by the Office of Research and Statistical Services of the Budget and Control Board."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, 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:

Printed Page 3367 . . . . . Wednesday, May 15, 2002

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.

H. 3385--DEBATE ADJOURNED

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

H. 3385 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE FOR THE AUTHORITY OF THE ANDERSON COUNTY BOARD OF EDUCATION IN REGARD TO SCHOOL BUDGETARY MATTERS INCLUDING THE AUTHORITY TO PROVIDE THAT UP TO TWO MILLS OF COUNTYWIDE AD VALOREM PROPERTY TAX LEVIES FOR SCHOOL OPERATIONS BE DISTRIBUTED TO DISTRICTS MEETING CERTAIN CRITERIA ESTABLISHED BY THE BOARD.

ORDERED TO THIRD READING

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

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.

S. 1023 (Word version) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE

Printed Page 3368 . . . . . Wednesday, May 15, 2002

CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO PROVIDE THAT THESE PERSONS ARE NOT REQUIRED TO SIGN, BUT SHALL COMPLETE AND EXECUTE THE MEDICAL CERTIFICATION PORTION OF A DEATH CERTIFICATE, AND IF THE CERTIFICATION OF CAUSE OF DEATH CANNOT BE COMPLETED WITHIN A CERTAIN PERIOD OF TIME WHEN AN AUTOPSY IS SCHEDULED, THEN THE COUNTY MEDICAL EXAMINER SHALL INDICATE THAT THE CAUSE OF DEATH IS PENDING AND CERTIFY THE CERTIFICATION OF CAUSE OF DEATH.

Rep. HARRISON explained the Bill.

SENT TO THE SENATE

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

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.

S. 1157--REQUESTS FOR DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. EASTERDAY having the floor:

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

Printed Page 3369 . . . . . Wednesday, May 15, 2002

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 continued speaking.

Rep. SCOTT moved to adjourn debate on the Bill until Tuesday, May 21.

Rep. WALKER moved to table the motion, which was agreed to.

Printed Page 3370 . . . . . Wednesday, May 15, 2002

Rep. CLYBURN spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.

Reps. BALES, F. N. SMITH, HAYES, MILLER, ALLEN, MOODY-LAWRENCE, SHEHEEN, MACK, BREELAND, R. BROWN, G. BROWN, J. HINES, J. M. NEAL, LLOYD, WEEKS, SANDIFER, EASTERDAY, DAVENPORT, LOFTIS, SCOTT, CLYBURN and WILDER requested debate on the Bill.

S. 1249--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 16, which was adopted:

S. 1249 (Word version) -- Senators Short and Fair: A BILL TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.

Printed Page 3371 . . . . . Wednesday, May 15, 2002

H. 5259--DEBATE ADJOURNED

Rep. MEACHAM-RICHARDSON moved to adjourn debate upon the following Bill until Thursday, May 16, which was adopted:

H. 5259 (Word version) -- Reps. Meacham-Richardson, Kirsh, Loftis, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon, J. Young and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO CONTRACTUAL AGREEMENT FOR THE LEASING OF RESIDENTIAL OR COMMERCIAL PROPERTY AND NO HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE PREMISES.

S. 1195--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1195 (Word version) -- Senator Martin: A BILL TO ENACT THE "SCHOOL DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

Rep. RICE proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9172HTC02), which was adopted:
Amend the bill, as and if amended, in SECTION 3(E), page 3, by striking beginning on line 9:

Printed Page 3372 . . . . . Wednesday, May 15, 2002

/ if called for in an even-numbered year and on the first Tuesday following the first Monday in November if called for in an odd-numbered year /
Amend further, as and if amended, in SECTION 6, page 5, by adding a new subsection at the end of SECTION 6 to read:

/ (D) Notwithstanding any other provision of law, if the tax authorized by this act is imposed in Pickens County, the authority of the Board of Trustees of the School District of Pickens County to incur general obligation debt of the district without the referendum required pursuant to Article X, Section 15(5) of the Constitution of this State does not extend to increases in assessed value attributable to a countywide equalization and reassessment program conducted pursuant to Section 12-43-217 of the 1976 Code implemented in any property tax year in which the sales and use tax authorized by this act is imposed. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 379--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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,

Printed Page 3373 . . . . . Wednesday, May 15, 2002

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

Printed Page 3374 . . . . . Wednesday, May 15, 2002

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

Printed Page 3375 . . . . . Wednesday, May 15, 2002

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

Printed Page 3376 . . . . . Wednesday, May 15, 2002

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

Printed Page 3377 . . . . . Wednesday, May 15, 2002

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.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5369DJC02), which was adopted:
Amend the bill, as and if amended, SECTION 3, page 7, line 6 by striking SECTION 3 in its entirety and inserting:
/SECTION 3. Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-32.(A) The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when an emergency exists. For the purposes of this section an emergency is an unusual, sudden, and unexpected natural or man-induced situation or occurrence which threatens the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State.

(B) The department must use all reasonable means to give notice to the public or an emergency closure issued pursuant to subsection (A) as soon as practicable. An emergency closure notice must specify the cause of the emergency and the fishing season, area, or activity closed, and, if known, the duration of the closure.

(C) When taking emergency action under this section, the department must notify the appropriate standing committees of the Senate and the House of Representatives of its actions as soon as practicable. Supporting resource assessments, scientific documentation, and notice of action taken must be provided to the committees.

(D) During the first three days of an emergency closure instituted under this section, the department must issue only warnings for first offense, noncommercial violations of the closure.

Printed Page 3378 . . . . . Wednesday, May 15, 2002

(E) The department must monitor the situation or occurrence under which the emergency arose and must reopen the closed season, area, or activity as soon as, but only when, the threat to the resource or its habitat no longer exists.

(F) It is unlawful to take or attempt to take saltwater fish in violation of an emergency closure. A person violating an emergency closure is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days." /
Amend the bill further, SECTION 5, Section 50-5-65(B), page 8, line 15 by inserting / , donated, or destroyed / between/ be sold/ and / . /
When amended, Section 50-5-65(B) in SECTION 5 shall read:

/"(B) ~~Any perishable item seized by the department must be sold and the proceeds retained until final adjudication of the case. Upon a finding of not guilty, the proceeds must be returned.~~ Any perishable item seized, the sale of which is ~~not lawful,~~ illegal per se, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed. provided that any perishable item, the sale of which is illegal only because of the place or manner or method in which or by which it was taken must be sold, donated, or destroyed. The proceeds of any perishable item sold must be retained until final adjudication of the case. Any proceeds of the sale must be returned to the defendant in the event of a verdict of not guilty." /
Amend the bill further, SECTION 10, page 9, line 30 by striking SECTION 10 in its entirety and inserting:
/SECTION 10. Section 50-5-325(A), (D), (F), (G), and (H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) Commercial equipment, excluding vessels, used, in the salt waters of this State and in fisheries for anadromous and catadromous species in any waters of this State must be licensed by the department. The owner and operator are responsible for obtaining a license:

(1) to use a trawl or trawls, and the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents;

(2) to use traps, and the cost is twenty-five dollars per fifty traps and one dollar for each trap thereafter for residents, and one hundred twenty-five dollars per fifty traps and five dollars for each trap thereafter for nonresidents;

(3) to use a channel net for taking shrimp, and the cost is two hundred fifty dollars for each net;

Printed Page 3379 . . . . . Wednesday, May 15, 2002

(4) to use a gill net for taking shad, herring, or sturgeon, and the cost is ten dollars per one hundred net yards or a fraction thereof for residents and fifty dollars per one hundred net yards or a fraction thereof for nonresidents, and to use any other gill net or haul seine the cost is ten dollars per one hundred net feet or a fraction thereof for residents and fifty dollars per one hundred net feet or a fraction thereof for nonresidents;

(5) to use hand-held equipment to take shellfish, including tongs, rakes, and forks, at no cost;

(6) to use a drag dredge, and the cost is seventy-five dollars for residents and three hundred seventy-five dollars for nonresidents;

(7) to use other mechanically operated or boat assisted equipment, other than equipment used to set or retrieve licensed equipment, and the cost is one hundred twenty-five dollars for residents and six hundred twenty-five dollars for nonresidents;

(8) to use trotlines with baits or hooks, and the cost is ten dollars for residents and fifty dollars for nonresidents for each line having not more than fifty baits or hooks per line;

(9) to use any other commercial equipment, and the cost is ten dollars for each type for residents and fifty dollars per type for nonresidents."

"(D) No person may hold or apply for ~~more than one trap license.~~ a separate license resulting in avoidance of a license fee differential specified in this section."

"(F) Other than vessels solely transiting the State in interstate commerce, any vessel on or from which commercial equipment is used or transported must display a current identification ~~decal~~ decals provided by the department."

"(G) An The department may require an owner or operator who uses commercial equipment~~, except for traps for taking blue crabs,~~ without being present to affix an identification number and tag issued by the department to each piece of commercial equipment while the commercial equipment is in use. ~~must affix a department issued identification number and tag for each piece of commercial equipment being used.~~ The owner and operator are responsible for assuring the number and tag are affixed."

"(H) Only those types of commercial equipment specifically allowed by this chapter may be used for commercial purposes; provided, the department may grant permits for additional equipment types as stated in Section 50-3-340." /

Printed Page 3380 . . . . . Wednesday, May 15, 2002

Amend the bill further, SECTION 13, Section 50-5-350(C), lines 37 and 38, by striking / on / and / port and starborad / on line 37, and by striking / sides / on line 38.
When amended SECTION 13 shall read:
/SECTION 13. Section 50-5-350(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(C) The operator and the owner of a vessel used for commercial purposes must have aboard the required commercial equipment licenses and permits and display the vessel's identification ~~decal~~ decals provided by the department." /
Amend the bill further, SECTION 14, page 11 beginning at line 40, by striking SECTION 14 in its entirety and inserting:
/SECTION 14. Section 50-5-360(A) and (F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) Except as provided in subsection (G), a person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products ~~taken or~~ landed in this State regardless of where taken and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait, must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident license is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and must be separately licensed. The department may require applicants to specify the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control."

"(F) Roadside vendors, transient dealers, or peddlers operating from vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers who must comply with the retail license and tax requirements of state and local law. The person or entity must be a licensed wholesale seafood dealer or must have received or purchased the products from licensed wholesale seafood dealers or other licensed retailers and must comply with the requirements of Section ~~50-5-375(A)~~ 50-5-365(A)." /
Amend the bill further, SECTION 17, Section 50-5-367(B), page 13, lines 23, 24, and 28 by striking / subsection (a) / on lines 23 and 24

Printed Page 3381 . . . . . Wednesday, May 15, 2002

and inserting / this section/, and by striking / , and any vehicle / on line 28.
When amended Section 50-5-367(B) in SECTION 17, shall read:
/"(B) Any person or entity violating the provisions of ~~subsection (a)~~ this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp, its containers~~, and any vehicle~~ used in violation of this section must be seized." /
Amend the bill further, SECTION 23, page 16, line 7, by striking SECTION 23 in its entirety and inserting:
/SECTION 23. Section 50-5-545 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-545. (A) Except as provided in this section, ~~From~~ from June 1 through March 14, ~~all~~ a crab ~~traps~~ trap used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eighths inches or greater in inside diameter and located on vertical surfaces. At least one vent (ring) must be in the upper chamber. All vents (rings) must be within two inches ~~of the base~~ of the horizontal partition or the base of the trap.

(B) Crab traps constructed of a single chamber must have at least one two and three-eighths inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. ~~Traps constructed of one-inch mesh wire and baited only with live male blue crabs are peeler~~ Peeler traps ~~and~~ are exempt year round." /
Amend the bill further, page 17, by adding a new SECTION after line 9 to read:
/Section __. Section 50-5-710 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-710. (A) Except as otherwise provided by law, it is lawful to trawl for shrimp or prawn in the General Trawling Zone only during those times and seasons set by the department. It is unlawful for ~~Any~~ a person ~~who violates this subsection by trawling~~ to trawl inside the General Trawling Zone:

(1) one-quarter nautical mile or less during the closed season;

(2) more than one-quarter nautical mile during the closed season;

Printed Page 3382 . . . . . Wednesday, May 15, 2002

(3) one-quarter nautical mile or less at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season;

(4) more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season;

(5) more than one-quarter nautical mile at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season; or

(6) one-quarter nautical mile or less at a time more than ten minutes before daily opening time or after daily closing time during the open season.

A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days.

Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.

(B) Except as otherwise provided by law, it is unlawful to trawl in the waters of this State outside the General Trawling Zone. It is unlawful for ~~Any~~ a person ~~who violates this subsection by trawling~~ to trawl outside the General Trawling Zone:

(1) one hundred yards or less during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(2) more than one hundred yards during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(3) during the closed season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days; or

(4) one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary.

A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days and must have his saltwater

Printed Page 3383 . . . . . Wednesday, May 15, 2002

privileges suspended for two years in addition to any other suspension under this chapter.

Any catch aboard or under the control of the fisherman or other person at the time of a violation of this subsection is contraband and must be seized and disposed of as provided in this chapter." /
Amend the bill further, SECTION 25, Section 50-5-715(A)(6), page 17, line 13, by striking / 2nd/ and inserting /22nd /
When amended, SECTION 25, Section 50-5-715(A)(6) shall read:
/"(6) Based on NOS chart 11521 (~~2nd~~ 22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Seabrook Island at latitude 32� 33.55' N, longitude 080� 10.50' W; thence following the shorelines of Seabrook Island and Kiawah Island and crossing the mouth of Captain Sam's Inlet to the point on Kiawah Island (Sandy Point) at latitude 32� 37.18' N, longitude 079� 59.65' W; thence southerly, following a straight line on a geodetic azimuth of 180 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly and ~~becoming~~ northwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary crossing the North Edisto River; thence following the inshore trawl boundary easterly to the point of beginning." /
Amend the bill further, SECTION 26, page 17, line 28, by striking SECTION 26 in its entirety and inserting:
/SECTION 26. Section 50-5-765 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-765. A turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than ~~two~~ five hundred dollars nor more than one thousand five hundred dollars or imprisoned for not more than thirty days~~, and any such net is contraband~~." /
Amend the bill further, page 18, by adding a new SECTION after line 39 to read:
/SECTION __. Section 50-5-985(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) The department annually may set the season for taking shellfish between September 16 of any year through ~~April~~ May 15 of the following year, inclusive. It is unlawful for a person to take or attempt to take any shellfish from shellfish grounds during the closed

Printed Page 3384 . . . . . Wednesday, May 15, 2002

season. A person who violates the provision of this subsection for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates this section for a noncommercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days." /
Amend the bill further, SECTION 31, Section 50-5-1506(j)(3), page 31, lines 25 and 26, by striking / , / after / net/ and inserting /and/ on line 25, and by striking / and hook and line/ on lines 25 and 26.
When amended, Section 50-5-1506(j)(3) in SECTION 31 shall read:

/"(3) Methods and equipment: Cast net, and lift net ~~and hook and line~~;" /
Amend the bill further, SECTION 32, Section 50-5-1507(b)(3), page 32, line 20, by striking / Stevens / and inserting / Stephen/
When amended Section 50-5-1507(b)(3), in SECTION 32 shall read:
/ "(3) Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing; all fishing is prohibited within one hundred feet of the fish lift exit channel at St. ~~Stevens~~ Stephen Powerhouse, except with hook and line from March 1 through April 15;" /
Amend the bill further, SECTION 33, Section 50-5-1508, page 34, line 43, and page 35, line 1, by striking / are effective until promulgated regulations/ on page 34, line 43, and by striking / and/ on page 35, line 1.
When amended Section 50-5-1508 in SECTION 33 shall read:

/"Section 50-5-1508. In addition to other provisions of law, the following provisions ~~are effective until promulgated as regulations and~~ govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:

(a) Territorial sea:

Season: No open season.

(b) Internal waters:

Season: No open season." /
Amend the bill further, page 39, by adding a new SECTION after line 23 to Read:

Printed Page 3385 . . . . . Wednesday, May 15, 2002

/SECTION __. Section 50-5-2100(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) The department may grant mariculture permits for collection, importation, and holding of saltwater gamefish, or for other fish for which there are size or possession limits, for brood stock and for the propagation, holding, transport, and processing of the fish produced through mariculture as defined in Section 50-5-15. Mariculture permits granted under this section may allow the take of such fish and may specify conditions related to lawful collection areas, equipment, collecting times and periods, catch and size limitations, holding facilities, and catch reporting requirements. The department may permit a mariculture operation to take and possess the fish outside of the size and possession limits provided in this chapter. The department may limit the number of permits granted for taking brood stock." /
Amend the bill further, SECTION 42, Section 50-5-2520, page 41, line 22, by striking / ~~Article 3, Chapter 23 of Title 1,~~ / and inserting / Article 3 5, Chapter 23 of Title 1,/
When amended, Section 50-5-2520 in SECTION 42 shall read:

/"Section 50-5-2520. A person or entity whose saltwater privileges have been suspended may appeal the decision of the department under Article 3 5, Chapter 23 of Title 1, the Administrative Procedures Act."/
Renumber sections to conform.
Amend totals and title to conform.

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

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

OBJECTION TO RECALL

Rep. FLEMING asked unanimous consent to recall S. 65 (Word version) from the Committee on Judiciary.
Rep. MCLEOD objected.

R. 295, H. 3240--GOVERNOR'S VETO SUSTAINED

The Veto on the following Act was taken up:

(R295) H. 3240 (Word version) -- Reps. Altman, Limehouse, Campsen and Scarborough: AN ACT TO AMEND ACT 340 OF 1967, AS

Printed Page 3386 . . . . . Wednesday, May 15, 2002

AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO REQUIRE THE BOARD TO REQUEST A TAX LEVY IN EXCESS OF NINETY MILLS BY A RESOLUTION DIRECTED TO THE CHARLESTON COUNTY COUNCIL ADOPTED BY AT LEAST A TWO-THIRD MAJORITY ON TWO READINGS AT MEETINGS ON TWO SEPARATE DAYS, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, TO REQUIRE THIS APPROVAL TO BE EXERCISED BY AN ORDINANCE ADOPTED BY AT LEAST A TWO-THIRDS MAJORITY, AND TO REQUIRE THE BOARD TO PROVIDE COUNCIL WITH THE FINANCIAL INFORMATION THE COUNCIL REQUESTS IN CONNECTION WITH THE REQUEST.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 3; Nays 7

Those who voted in the affirmative are:

Campsen                Harrell                Scarborough

Total--3

Those who voted in the negative are:

Altman                 Breeland               Brown, R.
Limehouse              Mack                   Whatley
Whipper

Total--7

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

Printed Page 3387 . . . . . Wednesday, May 15, 2002

H. 3697--DEBATE ADJOURNED

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 moved to adjourn debate upon the Senate Amendments until Thursday, May 16, which was agreed to.

H. 3101--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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 proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\11719AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 24 of the 1976 Code is amended by adding:

Printed Page 3388 . . . . . Wednesday, May 15, 2002

"CHAPTER 13
Offender Employment Preparation Program

Section 24-13-2110. To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina department of Corrections shall assist inmates in preparing for meaningful employment upon release from confinement. The South Carolina Department of Corrections shall coordinate efforts in this matter with the Employment Security commission, Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Alston Wilkes Society, and other private sector entities.

Section 24-13-2120. The Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Employment Security Commission, and the Alston Wilkes Society shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency. Each agency shall adopt policies and procedures as may be necessary to implement the memorandum of understanding.

Section 24-13-2130. The memorandum of understanding between the South Carolina Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Employment Security Commission, Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:

(1) ascertaining an inmate's opportunities for employment after release from confinement and providing him with vocational and academic education and lifeskills assessments as may be appropriate;

(2) developing skills enhancement programs for inmates, as appropriate;

(3) coordinating job referrals and related services to inmates prior to release from incarceration;

(4) encouraging participation by inmates in the services offered;

(5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;

(6) identifying and facilitating other transitional services within both governmental and private sectors;

(7) surveying employment trends within the State and making proposals to the Department of Corrections regarding potential vocational training activities.

Section 24-13-2140. The Department of Corrections shall coordinate the efforts of the affected state agencies through the

Printed Page 3389 . . . . . Wednesday, May 15, 2002

Program Services administration. The Department of Corrections shall:

(1) develop such policies and standards as may be necessary for the provision of assessment, training, and referral services;

(2) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;

(3) disseminate information about the services throughout the State;

(4) provide information and assistance to other agencies, as may be appropriate or necessary, to carry out the provisions of this chapter;

(5) provide inmates of the Department of Corrections information concerning post-release job training and employment referral services and information concerning services that may be available from the Department of Alcohol and Other Drug Abuse Services, the Department of Mental Health, and the Office of Veterans Affairs;

(6) prepare an annual report that will be submitted to the directors of each agency that is a party to a memorandum of understanding as provided for in Section 41-38-20;

(7) negotiate with Alston Wilkes Society and private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities."
SECTION 2. Chapter 31, Title 43 of the 1976 Code is amended by adding:

"Section 43-31-160. In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment.
SECTION 3. This act takes effect upon approval by the Governor; however, the implementation of this act is contingent upon the appropriation of necessary funds to carry out the provisions of the act./
Renumber sections to conform.
Amend totals and title to conform.

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

Printed Page 3390 . . . . . Wednesday, May 15, 2002

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

H. 3014--POINT OF ORDER

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

H. 3014 (Word version) -- Reps. Kirsh, Meacham-Richardson, Witherspoon, Stille and Walker: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.

POINT OF ORDER

Rep. TOWNSEND 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.

H. 4663--SENATE AMENDMENTS CONCURRED IN AND JOINT RESOLUTION ENROLLED

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

H. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J. R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-

Printed Page 3391 . . . . . Wednesday, May 15, 2002

2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.

Rep. COOPER 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.

MOTION PERIOD

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

H. 4922--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4922 (Word version) -- Reps. Scarborough, Owens, Limehouse, White, Trotter, Townsend, Cooper, Kelley, Meacham-Richardson, Altman, Loftis and A. Young: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.

Rep. LOURIE moved to adjourn debate on the Bill until Wednesday, May 22.

Rep. COOPER moved to table the motion.

Printed Page 3392 . . . . . Wednesday, May 15, 2002

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 63; Nays 34

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrison
Haskins                Hinson                 Huggins
Keegan                 Kirsh                  Law
Leach                  Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Sandifer               Scarborough            Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stuart
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Webb                   Whatley                White
Witherspoon            Young, A.              Young, J.

Total--63

Those who voted in the negative are:

Bales                  Battle                 Bowers
Breeland               Brown, J.              Clyburn
Cobb-Hunter            Emory                  Freeman
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Jennings
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Rhoad
Rutherford             Scott                  Sheheen

Printed Page 3393 . . . . . Wednesday, May 15, 2002

Smith, J.E.            Snow                   Weeks
Whipper

Total--34

So, the motion to adjourn debate was tabled.

Rep. CAMPSEN explained the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 65; Nays 36

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kirsh
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Sandifer
Scarborough            Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Taylor
Thompson               Townsend               Tripp
Vaughn                 Walker                 Webb
Whatley                White                  Witherspoon
Young, A.              Young, J.

Total--65

Printed Page 3394 . . . . . Wednesday, May 15, 2002

Those who voted in the negative are:

Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Clyburn                Cobb-Hunter            Emory
Freeman                Govan                  Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Lee
Lloyd                  Lourie                 McLeod
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Parks                  Rhoad
Rutherford             Scott                  Sheheen
Smith, J.E.            Snow                   Stuart
Weeks                  Whipper                Wilder

Total--36

So, the Bill was read the second time and ordered to third reading.

H. 4861--TABLED

The following Bill was taken up:

H. 4861 (Word version) -- Reps. Coleman, Cotty, G. M. Smith, W. D. Smith, Allen, G. Brown, Davenport, Delleney, Emory, Harrison, Howard, Jennings, Lourie, McCraw, J. M. Neal, Ott, Phillips, Sheheen, Sinclair, F. N. Smith, J. E. Smith, Talley, Weeks, Whatley, Witherspoon and J. Young: A BILL TO AMEND SECTION 56-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH TRAFFIC CITATIONS ISSUED IN SOUTH CAROLINA OR A COMPACT JURISDICTION, SO AS TO PROVIDE FOR THE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A CITATION FOR A VIOLATION OF TITLE 50 OR ANOTHER LAW REGULATING HUNTING OR FISHING ISSUED IN THIS OR ANOTHER COMPACT JURISDICTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5331DJC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Printed Page 3395 . . . . . Wednesday, May 15, 2002

/ SECTION 1. Section 56-25-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-25-20. (A) When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the department that a resident of South Carolina or a person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation or a citation for a violation of Title 50 or another law regulating hunting, fishing, or boating issued in this or ~~any~~ another compact jurisdiction, the department may suspend or refuse to renew the person's driver's license if the notice from a South Carolina court or the driver licensing, wildlife or boating regulatory authority of a compact jurisdiction is received no not more than twelve months from the date on which the traffic, hunting, fishing, or boating citation was issued or adjudicated. The license must remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the traffic, hunting, fishing, or boating citation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. A person whose license is suspended under this section is not required to file proof of financial responsibility as required by the Financial Responsibility Act (Chapter 9 of Title 56) as a condition for reinstatement.

Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic, hunting, fishing, or boating citation, the department shall notify the licensing authority in the compact jurisdiction for ~~such~~ appropriate action ~~as appropriate~~ under the terms of the compacts.
(B) Notice of suspension pursuant to this section must be by certified mail, return receipt requested."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. COLEMAN explained the amendment.

Rep. COLEMAN spoke in favor of the amendment.

Rep. TRIPP moved to table the Bill.

Printed Page 3396 . . . . . Wednesday, May 15, 2002

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

Yeas 74; Nays 30

Those who voted in the affirmative are:

Allison                Bales                  Barfield
Barrett                Battle                 Brown, G.
Brown, J.              Cato                   Chellis
Coates                 Cobb-Hunter            Cooper
Dantzler               Easterday              Freeman
Frye                   Gilham                 Govan
Hamilton               Harvin                 Hines, J.
Hines, M.              Hosey                  Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Mack                   Martin                 McGee
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.H.             Neilson                Ott
Owens                  Parks                  Perry
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Sandifer
Scarborough            Scott                  Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, J.R.            Snow                   Stille
Stuart                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Whatley                White                  Wilder
Witherspoon            Young, A.

Total--74

Those who voted in the negative are:

Bingham                Bowers                 Campsen
Clyburn                Coleman                Cotty
Davenport              Delleney               Edge
Emory                  Fleming                Gourdine
Harrison               Hinson                 Howard
Lourie                 Lucas                  McCraw
McLeod                 Merrill                Neal, J.M.

Printed Page 3397 . . . . . Wednesday, May 15, 2002

Rutherford             Sheheen                Smith, G.M.
Smith, J.E.            Taylor                 Webb
Weeks                  Whipper                Young, J.

Total--30

So, the Bill was tabled.

S. 1131--DEBATE ADJOURNED

The following Bill was taken up:

S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

Rep. QUINN proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1947DW02), which was ruled out of order:
Amend the bill, as and if amended, by striking SECTION 9 and inserting:

Printed Page 3398 . . . . . Wednesday, May 15, 2002

/ SECTION 9. (A) Notwithstanding another provision of law, in Richland-Lexington School District 5:

(1) three trustees must reside in Richland County and four must reside in Lexington County; and

(2) the results of the election for trustees must be determined in accordance with the nonpartisan election and run-off election method prescribed in Section 5-15-62 of the 1976 Code.

(B) Beginning with the election of 2002, the seats for trustees of Richland-Lexington School District 5 must be numbered as follows with each candidate running for a particular seat:

(1) the seats presently held by trustees residing in Lexington County whose terms expire in 2004 are seats 1, 2, and 3, respectively;

(2) the seat presently held by a trustee residing in Lexington County whose term expires in 2002 is seat 4;

(3) the seat presently held by a trustee residing in Richland County whose term expires in 2004 is seat 5;

(4) the seat presently held by a trustee residing in Richland County whose term expires in 2002 is seat 6; and

(5) the seat presently held by a trustee residing in Lexington County whose term expires in 2002 must be filled in the election of 2002, and thereafter, by a resident of Richland County is seat 7. This trustee must be elected for a four-year term to expire in 2006.

(C) In addition to the steps required to impose the tax as prescribed in SECTION 3 of this act, the Richland-Lexington School District 5 may not adopt an approving resolution until the filing period has closed for those trustees who are to be elected at the time of the general election in 2002.

(D) This section takes effect upon approval by the Governor and applies to the election of trustees of the Richland-Lexington School District 5 conducted in November 2002. /
SECTION 10. Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. QUINN explained the amendment.

POINT OF ORDER

Rep. MCLEOD raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill under Rule 9.3. He stated further that the Bill related to the fiscal provision of imposing a

Printed Page 3399 . . . . . Wednesday, May 15, 2002

sales tax, but the amendment related to the reapportionment and redistricting of a school district.
Rep. QUINN argued that the amendment was germane to the Bill in that it would allow for fair representation of both Lexington County and Richland County in School District Five.
SPEAKER PRO TEMPORE W.D. SMITH sustained the Point of Order and ruled the amendment out of order.

Rep. QUINN moved to adjourn debate on the Bill until Thursday, May 16.

Rep. SCOTT moved to table the motion.

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

Yeas 10; Nays 11

Those who voted in the affirmative are:

Bales                  Brown, J.              Govan
Howard                 Lourie                 McLeod
Neal, J.H.             Rutherford             Scott
Smith, J.E.

Total--10

Those who voted in the negative are:

Bingham                Cotty                  Edge
Fleming                Frye                   Harrison
Huggins                Koon                   Quinn
Riser                  Townsend

Total--11

So, the House refused to table the motion.

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

RECURRENCE TO THE MORNING HOUR

Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to by a division vote of 55 to 11.

Printed Page 3400 . . . . . Wednesday, May 15, 2002

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 15, 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. 633:

S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5281 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS SOCCER TEAM ON WEDNESDAY, MAY 22, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE CLASS A STATE SOCCER CHAMPIONSHIP FOR THE SECOND STRAIGHT YEAR.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Christ Church Episcopal School boys soccer team on Wednesday, May 22, 2002, at a time to be determined by the Speaker, for the purpose of being recognized on

Printed Page 3401 . . . . . Wednesday, May 15, 2002

winning the Class A State Soccer Championship for the second straight year.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5282 (Word version) -- Reps. Kennedy, Davenport and Klauber: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME CERTAIN FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 2002.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5283 (Word version) -- Reps. Chellis, Cotty, Sinclair, Sharpe, Allen, Altman, Bales, Barfield, Barrett, Battle, R. Brown, Campsen, Cato, Coates, Cobb-Hunter, Dantzler, Davenport, Edge, Fleming, Freeman, Frye, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Huggins, Jennings, Keegan, Koon, Law, Limehouse, Littlejohn, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Owens, Phillips, Rice, Riser, Rivers, Scarborough, Simrill, D. C. Smith, F. N. Smith, J. R. Smith, Snow, Thompson, Townsend, Vaughn, Walker, Webb, White and A. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS TO ADOPT AND MAINTAIN POLICIES THAT WOULD LIMIT THE FURTHER OVER-VALUATION OF THE UNITED STATES DOLLAR IN ORDER TO PLACE UNITED STATES MANUFACTURERS ON EVEN GROUND WITH FOREIGN COMPETITORS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

Printed Page 3402 . . . . . Wednesday, May 15, 2002

CONCURRENT RESOLUTION

The following was introduced:

H. 5284 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE WHICH CROSSES OVER THE SOUTHERN CONNECTOR ON STANDING SPRINGS ROAD IN GREENVILLE COUNTY AS THE "PRESTON J. TUCKER, SR., BRIDGE" IN HONOR OF THIS FINE SOUTH CAROLINIAN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5285 (Word version) -- Reps. Campsen and Ott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN OR MARKER ON SULLIVAN'S ISLAND ON THE EASTERN SIDE OF THE BRIDGE, CURRENTLY UNDER CONSTRUCTION THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 TO COMMEMORATE THE BATTLE OF SULLIVAN'S ISLAND AND COLONEL WILLIAM O. THOMSON, WHO LED THE AMERICAN FORCES AT THE BATTLE OF SULLIVAN'S ISLAND WHICH DEFEATED A BRITISH CONTINGENT ON JUNE 28, 1776.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 5286 (Word version) -- Rep. Fleming: A HOUSE RESOLUTION TO COMMEND MR. BO HAM OF UNION FOR HIS NEARLY TWENTY YEARS OF OUTSTANDING SERVICE AS A UNION COUNTY RANGER WITH THE SOUTH CAROLINA FORESTRY COMMISSION, CONGRATULATE HIM ON BEING RECOGNIZED BY HIS PEERS AS HAVING LEFT AN ENVIABLE "FOOTPRINT" OF COOPERATION AND MUTUAL SUPPORT ON THE UNION COUNTY FIRE SERVICE, AND EXTEND TO HIM

Printed Page 3403 . . . . . Wednesday, May 15, 2002

EVERY GOOD WISH FOR HIS FUTURE HEALTH AND HAPPINESS ON THE OCCASION OF HIS RETIREMENT.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 5287 (Word version) -- Reps. Merrill, Edge, Hinson and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1556 SO AS TO REQUIRE CLERKS OF COURT TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE AMOUNT OF FEES PAID TO EACH INDIVIDUAL SERVING AS A GUARDIAN AD LITEM IN CASES IN THAT COUNTY.
Referred to Committee on Judiciary

H. 5288 (Word version) -- Reps. Rice, Cato, Easterday, Hamilton, Leach, Loftis and Tripp: A BILL TO PROHIBIT THE POLICE DEPARTMENT OF THE CITY OF GREENVILLE FROM ISSUING A PARKING CITATION OR OTHERWISE ENFORCE PARKING VIOLATIONS IN A PUBLIC OR PRIVATE PARKING LOT UNLESS CERTAIN SIGNS HAVE BEEN ERECTED.
On motion of Rep. RICE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5289 (Word version) -- Reps. Jennings and Freeman: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REDESIGNATE THE EIGHT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL DISTRICT ARE ELECTED, DESIGNATE A MAP NUMBER ON WHICH THE ELECTION DISTRICTS ARE DELINEATED, AND DELETE PROVISIONS WHICH PROVIDED THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS WHICH CORRESPOND TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Printed Page 3404 . . . . . Wednesday, May 15, 2002

S. 1087 (Word version) -- Senator Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-15, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DD 214 ON FILE IN THE OFFICE OF THE CLERK OF COURT IS NOT A PUBLIC RECORD AND MUST NOT BE DISCLOSED OR RELEASED EXCEPT TO THE PERSON WHO IS THE SUBJECT OF THE DD 214, UPON PROOF OF IDENTITY SHOWN.
Referred to Committee on Judiciary

S. 1193 (Word version) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38 RELATING TO INVESTMENTS BY INSURERS.
Referred to Committee on Labor, Commerce and Industry

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5225 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE AUGUSTA ROAD BRIDGE THAT CROSSES INTERSTATE HIGHWAY 85 IN GREENVILLE COUNTY IN HONOR OF THE LATE MR. OTIS M. DAVIS, SR., AND INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "OTIS M. DAVIS, SR. MEMORIAL BRIDGE".

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.

Printed Page 3405 . . . . . Wednesday, May 15, 2002

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.

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.

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.

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.

ADJOURNMENT

At 12:55 p.m. the House in accordance with the motion of Rep. COOPER adjourned to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Thursday, June 25, 2009 at 1:04 P.M.