Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear words from the 69th Psalm:

"Let heaven and earth praise Him,

the seas and everything that moves...

For God will save Zion and rebuild the cities of Judah..."
Let us pray.

Father, some of us believe that no country in the world bears the responsibility for the peace of the world as does the United States.

Some of us believe that no human being in our country bears a higher responsibility for decision-making as does our little boy from the Bronx, General Colin Powell. Guide him, Lord, and strengthen him as he counsels our President in these days of destiny as the people cry.

Lift up our hearts as we hear again "God will save Zion."
Amen.

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

The following appointments were transmitted by the Honorable James H. Hodges:

Reappointment, Dillon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Franklin D. Lee, P. O. Box 1, Hamer, S.C. 29547

Reappointment, Dillon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Magnolia T. Williams, P. O. Box 1281, Dillon, S.C. 29536

Reappointment, Marion County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Lunette R. Cox, P. O. Box 35, Gresham, S.C. 29546

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

Document No. 2727
Agency: Clemson University/State Crop Pest Commission
Subject: Witchweed Quarantine
Received by Lieutenant Governor May 9, 2002
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration September 6, 2002
Subject to Sine Die Revision

Document No. 2731
Agency: Clemson University, State Livestock-Poultry
Health Commission
Subject: Diseases and Health Documentation
Received by Lieutenant Governor May 9, 2002
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration September 6, 2002
Subject to Sine Die Revision

The following were received:

Document No. 2673
Agency: Department of Health and Environmental Control
Subject: Environmental Protection Fees
Received by Lieutenant Governor February 1, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration June 1, 2002
House Requested Withdrawal May 9, 2002
120 Day Period Tolled
Withdrawn and Resubmitted May 9, 2002

Document No. 2610
Agency: Department of Public Safety
Subject: Article 9. In-Car Camera Videotaping Equipment
Received by Lieutenant Governor June 6, 2001
Referred to Judiciary Committee
Legislative Review Expiration June 16, 2002
Subject to Sine Die Revision
Senate Requested Withdrawal March 27, 2002
120 Day Period Tolled
Withdrawn and Resubmitted April 10, 2002
Expiration date May 19, 2002
Senate Requested Withdrawal April 10, 2002
Withdrawn and Resubmitted May 8, 2002

Document No. 2712
Agency: Department of Social Services
Subject: Residential Group Care Organizations for Children
Received by Lieutenant Governor April 23, 2002
Referred to Judiciary Committee
Legislative Review Expiration August 21, 2002
Subject to Sine Die Revision
Senate Requested Withdrawal May 8, 2002
120 Day Period Tolled
Withdrawn and Resubmitted May 8, 2002

TO:       The Clerk of the Senate

The Clerk of the House

FROM:   Committee to Review Candidates for the

South Carolina Public Service Commission

DATE:     May 14, 2002

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

Donald H. Holland, Chairman

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

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

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

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

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

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

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

(1)   The terms of the seven Commissioners should be staggered so as to provide for continuity and to spread the screening and election process over several legislative sessions rather than a single session every four years;

(2)   the General Assembly should legislate a clear, enforceable prohibition against inappropriate ex parte communication whether it be directed to the Commissioners or staff;

(3)   the General Assembly should consider structural reforms of the Public Service Commission which would insulate the Commissioners from advocacy from staff except during public hearings and from inappropriate contact with regulated entities that appear before the Commission in hearings;

(4)   the General Assembly should revise Section 8-13-730 so as to prohibit indirect solicitation of pledges from members of the General Assembly;

(5)   the General Assembly should extend Section 58-3-24's prohibitions on the election of members of the General Assembly until four years after such service to also exclude a legislator's spouse, children, or siblings from serving within the four-year time frame; and

(6)   the General Assembly should prescribe "position descriptions" for the Commissioners that ensure that candidates possess the necessary technical and experiential skill sets to competently handle the increasingly complex issues they are called upon to decide.

(1)   At its next screening, the Committee will insist on candidates having clear financial and credit reports prior to the screening process. The Committee has expended substantial time and staff resources in helping candidates address credit problems and legal judgments. No other employer would allow for such irresponsibility. The Committee will no longer do so;

(2)   the Committee will continue to place substantial emphasis on a candidate's knowledge of Commission operations. Incumbents will be held to a higher standard. All candidates are on notice that the Committee will no longer tolerate only a passing familiarity with Commission operations and issues;

(3)   at its next screening, the Committee will survey Commission staff and parties appearing before the Commission to determine overall Commission efficiency and effectiveness and the strengths and weaknesses of individual Commissioners. The Committee will use a process similar to that utilized by the Judicial Merit Selection Commission in administering the survey;

(4)   the Committee will continue its focus on Commissioner attendance records; and

(5)   the Committee will ask the Chairmen of the House Labor, Commerce, and Industry Committee and the Senate Judiciary Committee to conduct a comprehensive study of other states' commission structure, responsibilities, qualifications, and compensation. The Committee believes that the demands of current issues argue for a higher caliber of Commissioner.

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

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

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

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

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

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

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

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

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

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

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

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

A transcript of the Committee's extensive oral examination of the twenty-seven candidates on April 9 through April 11, 2002, is appended to this report by reference, as required by law. Because of its length, however, the transcript may be found in its entirety at the General Assembly's website: www.scstatehouse.net/citizen.htm.

In consideration of these findings of fact, the Committee finds all twenty-seven candidates to be legally qualified for service as Public Service Commissioners. The Committee makes the following findings of fitness and ability for individual candidates for the Commission:

AT-LARGE:

Address:     132 Highland Drive

Greenwood, SC 29649

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

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

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

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

Address:     109 Walnut Court

Columbia, South Carolina 29212

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

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

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

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

FIRST DISTRICT:

Address:     294 Wateree River Road

Myrtle Beach, SC 29588

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

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

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

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

Address:     415 Orange Street

Georgetown, South Carolina 29585

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

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

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

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

Address:     1171 Crab Walk

Charleston, South Carolina 29412

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

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

John E. "Butch" Howard was born June 29, 1941, in Columbia, South Carolina. He is a 1959 graduate of Berkeley High School and graduated with a BA in Business Administration from the University of South Carolina in 1973. He served in the United States Army from February 1963 to February 1966 and received an honorable discharge with Good Conduct Medal. Mr. Howard married Patricia H. Howard on January 27, 1996. He has five children. Mr. Howard has worked with multiple companies throughout his career in both printing and office furniture sales. He has never held publicly elected office.

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

Address:     Post Office Box 922

Number 15 Penny Lane

Pawleys Island, South Carolina 29585

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

Test Score: (rated as "Average" for a non-incumbent)
* Ms. Mock had an overall score of 65.
* Ms. Mock received the 13th highest overall score.
* Ms. Mock received the 8th highest score of the 22 non-incumbent applicants to the PSC. *

Linda Smith Mock was born November 7, 1950, in Dillon, South Carolina. She graduated from Winyah High School in 1969. She received a Bachelor of Arts in Communications from Winthrop College and did post-graduate work at Sacred Heart College in Belmont, North Carolina, in 1980. She married James M. Mock, Jr. on May 8, 1988, and has two children. She was president of the SC Realtors Association in 1986 and is a member of the SC Fireman's Association. She has never held publicly elected office but has served as a member of the Georgetown County Accommodations Tax Advisory Committee, member of the Board of Directors of the Georgetown County Economic Development Commission, and was a member of the Board of Directors of the Georgetown County Water and Sewer District.

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

Address:     6191 Chisholm Road

Johns Island, South Carolina 29455

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

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

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

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

SECOND DISTRICT:

Address:     2 New Grant Court

Columbia, South Carolina 29209

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

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

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

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

Address:     341 North Stonehedge Drive

Columbia, South Carolina 29210

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

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

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

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

THIRD DISTRICT:

Address:     105 Qualla Road

Belton, SC 29627

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

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

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

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

Address:     209 North Hill Rd.

Greenwood, South Carolina 29646

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

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

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

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

Address:     2041 Bolt Drive

Anderson, South Carolina 29621

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

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

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

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

Address:     6201 Highway 25 North

Hodges, South Carolina 29653

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

Test Score: (rated as "Below Average" for a non-incumbent)
* Mr. Kernells had an overall score of 55.
* Mr. Kernells received the 23rd highest overall score.
* Mr. Kernells received the 17th highest score of the 22 non-incumbent applicants to the PSC. *

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

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

Address:     2031 Hollywood Road

Saluda, South Carolina 29138

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

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

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

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

FOURTH DISTRICT:

Address:     2063 Evergreen Drive

Boiling Springs, South Carolina 29316

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

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

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

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

Address:     206 Lanford Road

        Spartanburg, South Carolina 29301

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

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

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

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

Address:     314 Glendalyn Place

Spartanburg, South Carolina 29302

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

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

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

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

Address:     228 East Avondale Drive

Greenville, South Carolina 29609

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

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

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

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

Address:     400 Caroldean Drive

Traveler's Rest, SC 29690

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

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

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

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

Address:     634 Groce Meadow Road

Taylors, South Carolina 29687

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

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

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

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

FIFTH DISTRICT:

Address:     1603 Lyttleton Street

Camden, South Carolina 29020

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

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

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

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

Address:     706 Lakeshore Drive

Bennettsville, South Carolina 29512

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

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

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

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

Address:     5 Pine Knoll Lane

Lake Wylie, South Carolina 29710

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

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

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

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

SIXTH DISTRICT:

Address:     16 Darlington Avenue

Charleston, South Carolina 29403

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

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

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

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

Address:     446 Thomas Road

Florence, South Carolina 29501

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

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

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

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

Respectfully submitted,

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

SENATE PUBLIC MEMBERS:
/s/The Honorable Holly A. Cork
/s/Helen T. Zeigler, Esquire

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

HOUSE PUBLIC MEMBERS:
/s/The Honorable Dave C. Waldrop
/s/Mr. John V. Rowell

On motion of Senator McCONNELL, the report was ordered printed in the Journal.

Senator RAVENEL introduced Dr. H. Del Schutte of Charleston, S.C., Doctor of the Day.

At 12:24 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.

There was no objection and a message was sent to the House accordingly.

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.

Senator GROOMS was appointed in lieu of Senator GREGORY to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 4650 (Word version) -- Reps. Talley, Bingham, Littlejohn, Quinn and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

Senator MESCHER asked unanimous consent to make a motion to recall the Bill from the General Committee.

There was no objection.

The Bill was ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1278 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-57-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES PROHIBITED ON ALL INSURANCE CONTRACTS, SO AS TO PROHIBIT INSURERS AND HEALTH MAINTENANCE ORGANIZATIONS FROM REQUIRING PROVIDERS TO AGREE TO CERTAIN UNNEGOTIATED REIMBURSEMENT ADJUSTMENTS, TO PROHIBIT INSURERS AND HEALTH MAINTENANCE ORGANIZATIONS FROM REQUIRING PROVIDERS TO ADJUST THEIR CHARGES IN ACCORDANCE WITH RATES CHARGED TO OTHER PAYORS, AND TO PROHIBIT INSURERS AND HEALTH MAINTENANCE ORGANIZATIONS FROM REQUIRING PROVIDERS TO AGREE TO FILING ITS CONTRACTUAL REIMBURSEMENT RATES WITH THE DEPARTMENT OF INSURANCE.
l:\council\bills\dka\4998zw02.doc

Read the first time and referred to the Committee on Banking and Insurance.

S. 1279 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO CREATE A STATE GOVERNMENT INTERAGENCY STUDY COMMITTEE TO STUDY STEPS TO BE TAKEN TO PROVIDE OPPORTUNITIES FOR TRAILS ON STATE OWNED OR LEASED LAND OR PRIVATELY OWNED LAND FOR OFF-ROAD MOTORCYCLE AND ALL TERRAIN VEHICLE RECREATIONAL ACTIVITY; TO PROVIDE FOR THE STUDY COMMITTEE MEMBERSHIP; AND TO REQUIRE THAT THE STUDY COMMITTEE REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 14, 2003, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
l:\council\bills\swb\5368djc02.doc

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 5037 (Word version) -- Reps. Cato and Tripp: 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.

Read the first time and, on motion of Senator RICHARDSON, with unanimous consent, ordered placed on the Calendar without reference.

H. 5237 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN OF THE ADVISORY COUNCILS ARE DETERMINED.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 5238 (Word version) -- Rep. Hayes: A BILL TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2002-2003, THE SCHOOL TAX MILLAGE LEVIED IN DILLON COUNTY IS INCREASED BY ONE ADDITIONAL MILL WITH THE PROCEEDS THEREFROM TO BE USED FOR NORTHEAST TECHNICAL COLLEGE.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

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

The Concurrent Resolution was adopted, ordered returned to the House.

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

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5254 (Word version) -- Reps. Clyburn, Sharpe, D.C. Smith and J.R. Smith: A CONCURRENT RESOLUTION TO PROCLAIM MAY 2002 MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO CALL UPON THE STATE'S CITIZENS, GOVERNMENT AGENCIES, PUBLIC AND PRIVATE INSTITUTIONS, BUSINESSES, AND SCHOOLS TO RECOMMIT TO INCREASING AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

H. 5254 (Word version) -- Reps. Clyburn, Sharpe, D.C. Smith and J.R. Smith: A CONCURRENT RESOLUTION TO PROCLAIM MAY 2002 MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO CALL UPON THE STATE'S CITIZENS, GOVERNMENT AGENCIES, PUBLIC AND PRIVATE INSTITUTIONS, BUSINESSES, AND SCHOOLS TO RECOMMIT TO INCREASING AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

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

The Concurrent Resolution was adopted, ordered returned to the House.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 3840 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH ENFORCING NATIONAL BUILDING CODES TO ADOPT THE LATEST EDITION OF THE CODE AND TO PROVIDE EXCEPTIONS; TO ESTABLISH PROCEDURES FOR THE ADOPTION OF THESE CODES, INCLUDING NOTICE IN THE STATE REGISTER AND THE OPPORTUNITY FOR PUBLIC COMMENT; AND TO REQUIRE PROPOSED CODES RECEIVING NEGATIVE COMMENTS OR SUBJECT TO PROPOSED AGENCY AMENDMENTS TO BE PROMULGATED AS REGULATIONS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

H. 4054 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN SUCH AN APPLICANT MUST UNDERGO THIS REVIEW, THE MANNER OF THIS REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 4805 (Word version) -- Reps. Vaughn, Allison, Cato, Hamilton, Leach, Littlejohn, Lourie, Mack, Rodgers, Sheheen, Tripp, Whatley, J. Young and Wilkins: A BILL TO AMEND CHAPTER 10, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAX, BY ADDING ARTICLE 7 ENACTING THE MUNICIPAL CAPITAL PROJECT SALES TAX ACT SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

Ordered for consideration tomorrow.

S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.

The House returned the Joint Resolution with amendments.

The Senate proceeded to a consideration of the Joint Resolution, the question being the concurrence with the House amendments.

Senators LEATHERMAN and McCONNELL proposed the following amendment (NBD\11716AC02), which was adopted:

Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.   Funds appropriated pursuant to Part IB, Paragraph 72.111, Act 66 of 2001, the general appropriations act for fiscal year 2001-2002, to the Department of Parks, Recreation and Tourism for Hunley Lab HVAC may also be expended for lab security as the department determines appropriate./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the third time and ordered returned to the House of Representatives with amendments.

Columbia, S.C., May 9, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J.M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS OUTSIDE THE CAMDEN CITY LIMITS ON UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-BIRTHPLACE OF BASEBALL HALL-OF-FAMER LARRY DOBY".
Very respectfully,
Speaker of the House

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.

H. 4998 (Word version) -- Rep. Kelley: A BILL TO REPEAL SECTION 1-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT.

H. 4670 (Word version) -- Reps. Harrison, Haskins and Martin: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator ALEXANDER proposed the following amendment (NBD\11726CM02), which was adopted:

Amend the bill, as and if amended, Section 56-1-40(7), as contained in SECTION 1, page 2, by adding after the /./ on line 5:

/A driver's license issued pursuant to this item to a person who is not a lawful permanent resident of the United States shall expire on the later of: (1) the expiration date of the driver's license applicant's authorized period of stay in the United States; or (2) the expiration date of the driver's license applicant's employment authorization document. However, in no event shall a driver's license issued pursuant to this item expire less than one year or more than five years from the date of its issue. In addition, a person pending adjustment of status who presents appropriate documentation to the department shall be granted a one-year extension of his driver's license which is renewable annually./

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

Senator HAWKINS spoke on the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

The following Bills were read the third time and ordered sent to the House of Representatives:

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.

Senator HAWKINS explained the Bill.

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.

The following Bills and Joint Resolution, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

H. 5150 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4891 (Word version) -- Reps. Sharpe, Davenport, Ott and Dantzler: A BILL TO AMEND SECTION 47-5-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FURNISHING ANTIRABIC (HUMAN) VACCINE, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ENSURE THE AVAILABILITY OF ANTIRABIC (HUMAN) VACCINE AND GLOBULIN PRODUCTS FOR PERSONS BITTEN BY OR EXPOSED TO A PET OR ANIMAL FOUND OR SUSPECTED TO BE AFFECTED BY RABIES, TO PROVIDE THAT THE PROVISION OF THESE PRODUCTS MUST BE IN ACCORDANCE WITH DEPARTMENT GUIDELINES, AND TO AUTHORIZE THE DEPARTMENT TO SEEK REIMBURSEMENT FOR THESE PRODUCTS.

H. 4258 (Word version) -- Reps. Sharpe, Wilkins, W.D. Smith and Davenport: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURES.

Senator PEELER explained the Bill.

H. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (BBM\9154HTC02), which was adopted:

Amend the bill, as and if amended, by striking Section 9-16-710, as contained in SECTION 1, page 1, and inserting:

/ Section 9-16-710.   Notwithstanding an employee's right to obtain educational and administrative services from independent companies or vendors, or both, that offer products in the state's retirement plans, the South Carolina Retirement Systems may provide unbiased investment education services including, but not limited to, instructional videos identifying plan types, plan provisions, and plan differences to any participant in any of the state's retirement plans. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J.H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J.R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, 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, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD5060.001), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 32, and inserting therein the following:

/ event the owner is able to make such a showing, all property/

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator McCONNELL proposed the following amendment (JUD5060.002), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 17, in Section 16-13-177(B), as contained in SECTION 1, by striking lines 17-38 in their entirety and inserting therein the following:

/   (B)   Property subject to forfeiture under this section may be seized or confiscated by any law enforcement officer incident to a lawful arrest or a warrant issued for the purpose by a court of competent jurisdiction pursuant to subsection (A). The confiscating officer must deliver the property immediately to the county or municipality where the offense occurred. The county or municipality must notify the registered owner of the property by certified mail within seventy-two hours of the confiscation. Upon notice, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The forfeiture hearing must be held within ten days from the date of receipt of the request. The property confiscated must be returned to the registered owner unless the Forestry Commission, a county, or a municipality can show by a preponderance of the evidence that the property seized was knowingly used in the commission of the crime. In the event the commission, a county, or municipality is unable to make such a showing, all property seized under this section must be returned to the owner upon proof of ownership and the posting of a bond in a sufficient amount not to exceed ten thousand dollars. The county or municipality in possession of the property must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

Senator McCONNELL proposed the following amendment (5202R001.GFM), which was adopted:

Amend the joint resolution as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   (A)   There is established the Horry, Georgetown, and Williamsburg Counties Water and Sewer Study Committee composed of fifteen members. Five members must be appointed by the legislative delegations representing Horry, Georgetown, and Williamsburg Counties. In making the appointments, consideration should be given to appointing persons with knowledge and expertise in the delivery of water and sewer services in the three-county area.

(B)   The committee shall meet as soon as practicable after appointment and shall organize itself by electing one of its members as chairman and such other officers as the committee may consider necessary.

(C)   The members of the committee may not receive compensation and are not entitled to receive mileage, per diem, and subsistence.

(D)   The committee shall study:

(1)   the issues associated with the delivery of water and sewer services to the users in Horry, Georgetown, and Williamsburg Counties;

(2)   the problems confronting counties, municipalities, special purpose districts, and public service districts in Horry, Georgetown, and Williamsburg Counties in the delivery of water and sewer services which have resulted from rapid growth and development of recent years;

(3)   all phases of the delivery of water and sewer services in the three-county area give adequate consideration to long-range planning in order to facilitate the orderly delivery of water and sewer services to the users in the three-county area; and

(4)   the feasibility of establishing a regional water and sewer authority comprising the entities presently providing water and sewer services in Horry, Georgetown, and Williamsburg Counties.

(E)   The committee shall make a report to the legislative delegations representing Horry, Georgetown, and Williamsburg Counties no later than March 1, 2003, at which time the committee shall dissolve.

SECTION   2.   This joint resolution takes effect upon approval by the Governor.       /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator ELLIOTT proposed the following amendment (5202R001.DE), which was adopted:

Amend the joint resolution, as and if amended, pages 1 through 2, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   (A)   There is established the Horry, Georgetown, and Williamsburg Counties Water and Sewer Study Committee composed of fifteen members. The members must be appointed by the legislative delegations representing Horry, Georgetown, and Williamsburg Counties and must be appointed according to the following mechanism:

(1)   The total population of all three counties as determined by the most recent United States Census, must be divided by fifteen, the result being an apportionate average.

(2)   The respective population of each county must be divided by the apportionate average to determine an appointive index.

(3)   Each county shall appoint a number of members to the committee as close as practical to the whole number indicated by its appointive index. However, no single county may appoint more than eight of the fifteen members of the committee.

In making the appointments, consideration should be given to appointing persons with knowledge and expertise in the delivery of water and sewer services in the three-county area.

(B)   The committee shall meet as soon as practicable after appointment and shall organize itself by electing one of its members as chairman and such other officers as the committee may consider necessary.

(C)   The committee shall study:

(1)   the issues associated with the delivery of water and sewer services to the users in Horry, Georgetown, and Williamsburg Counties;

(2)   the problems confronting counties, municipalities, special purpose districts, and public service districts in Horry, Georgetown, and Williamsburg Counties in the delivery of water and sewer services which have resulted from rapid growth and development of recent years;

(3)   all phases of the delivery of water and sewer services in the three-county area give adequate consideration to long-range planning in order to facilitate the orderly delivery of water and sewer services to the users in the three-county area; and

(4)   the feasibility of establishing a regional water and sewer authority comprising the entities presently providing water and sewer services in Horry, Georgetown, and Williamsburg Counties.

(D)   The committee shall make a report to the legislative delegations representing Horry, Georgetown, and Williamsburg Counties no later than March 1, 2003, at which time the committee shall dissolve.   /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

H. 5172 (Word version) -- Rep. Coleman: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE AMOUNT OF ANNUAL SCHOOL BUDGET INCREASES WHICH DO NOT REQUIRE THE APPROVAL OF THE COUNTY COUNCIL, AND TO DELETE CERTAIN LANGUAGE RELATING TO THE NOTIFICATION OF AND SETTING OF THE SCHOOL MILLAGE.

On motion of Senator SHORT, H. 5172 was ordered to receive a third reading on Wednesday, May 15, 2002.

H. 5209 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS, DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS, AND EXTEND THE DATE FOR FILING NOMINATING PETITIONS FOR ELECTIONS CONDUCTED FOR SCHOOL BOARD MEMBERS IN 2002.

On motion of Senator RYBERG, H. 5209 was ordered to receive a third reading on Wednesday, May 15, 2002.

H. 5215 (Word version) -- Reps. Taylor and Wilder: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

H. 5091 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5149 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5207 (Word version) -- Reps. Kennedy, Snow and Harvin: A BILL TO PROVIDE THAT THE TERMS OF THE TWO MEMBERS OF THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT ELECTED AT LARGE SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS ACT AT WHICH TIME THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE SEVEN MEMBERS ELECTED FROM THE SAME ELECTION DISTRICTS AS ARE MEMBERS OF THE GOVERNING BODY OF WILLIAMSBURG COUNTY.

On motion of Senator McGILL, the Bill was referred to the Williamsburg County Legislative Delegation.

The following Joint Resolution was committed to the appropriate committee:

S. 1017 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE III, SECTION 3, ARTICLE VI, AND SECTION 1A, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, ALL RELATING TO THE PROHIBITION AGAINST DUAL OFFICE HOLDING, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST PROVIDE BY LAW FOR THE OFFICES WHICH ARE EXCEPTIONS TO THE DUAL OFFICE HOLDING PROHIBITION.

On motion of Senator HUTTO, the Joint Resolution was committed to the Committee on Judiciary.

The following Bills were recommitted to the appropriate committees:

S. 405 (Word version) -- Senators Ryberg, Martin, Short, Branton, Ford, Verdin, Thomas, Patterson, Jackson, Pinckney, Anderson, Glover, Gregory, Matthews, Hutto, Holland, Waldrep, Saleeby and Alexander: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PAY PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Corrections and Penology.

S. 350 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-325 SO AS TO PROVIDE THAT UPON ISSUING A PERSON A ROUTE RESTRICTED DRIVER'S LICENSE, THE DEPARTMENT OF PUBLIC SAFETY MUST PROVIDE THE PERSON WITH A COPY OF THE APPROVED ROUTE THAT HAS BEEN CERTIFIED BY THE DEPARTMENT'S MOTOR VEHICLE DIVISION, WHICH MUST BE CARRIED BY THE PERSON WHEN HE OPERATES A MOTOR VEHICLE AND WHICH MUST BE DISPLAYED UPON DEMAND BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A PERSON WHO FAILS TO MAINTAIN THE CERTIFIED COPY OF THE APPROVED ROUTE OR FAILS TO DISPLAY IT UPON DEMAND BY A LAW ENFORCEMENT OFFICER IS SUBJECT TO THE PENALTIES ASSOCIATED WITH DRIVING WITH A DRIVER'S LICENSE THAT HAS BEEN CANCELLED, SUSPENDED, OR REVOKED; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR DENIAL OF THE ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY FIVE-YEAR PERIOD, AND TO PROVIDE THAT, IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED; AND TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO CERTAIN TESTS TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY TEN-YEAR PERIOD, AND TO PROVIDE THAT, IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 188 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERM LIMITATIONS ON DEPARTMENT OF TRANSPORTATION COMMISSIONERS, SO AS TO AUTHORIZE A COMMISSIONER TO SERVE TWO TERMS AND REQUIRE THE SELECTION OF A NEW COMMISSIONER FROM ANOTHER COUNTY WITHIN THE DISTRICT AT THE CONCLUSION OF THE SECOND TERM.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Transportation.

S. 594 (Word version) -- Senators Land, Ford, Matthews, Patterson, Glover, Anderson, McGill, Leventis, Moore and Rankin: A BILL TO AMEND SECTION 7-13-1340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR VOTE RECORDERS, SO AS TO PROVIDE FOR STRAIGHT PARTY TICKET VOTING FOR THE ELECTORS FOR PRESIDENTIAL CANDIDATES.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 408 (Word version) -- Senators Ryberg, Wilson, J. Verne Smith, Leatherman and Rankin: A BILL TO AMEND SECTION 11-43-160, AS AMENDED, RELATING TO SOURCES OF REVENUE FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REQUIRE AN ANNUAL CONTRIBUTION TO THE BANK FROM THE DEPARTMENT OF TRANSPORTATION IN AN AMOUNT NOT TO EXCEED AN AMOUNT EQUIVALENT TO THE REVENUES OF ONE CENT OF THE GASOLINE TAX AND TO PROVIDE THAT THIS CONTRIBUTION MAY BE MADE FROM ANY REVENUES OF THE DEPARTMENT OF TRANSPORTATION BUT, TO THE EXTENT POSSIBLE, MUST NOT BE TAX REVENUE.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Finance.

S. 615 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-315 SO AS TO PROVIDE A PROCEDURE TO ALLOW A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED PURSUANT TO THE NONRESOLUTION OF AN OUT-OF-STATE MOTOR VEHICLE VIOLATION OR AN ERRONEOUS OUT-OF-STATE MOTOR VEHICLE VIOLATION TO HAVE THE SUSPENSION VACATED UNDER CERTAIN CONDITIONS.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Transportation.

S. 793 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160 SO AS TO DESIGNATE THE SEVENTEENTH DAY OF SEPTEMBER OF EACH YEAR AS "RESPECT FOR LAW DAY".

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 97 (Word version) -- Senators Wilson, Hayes, Reese and Branton: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY MAY GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE REQUESTS IT.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 310 (Word version) -- Senators Anderson, Ford, Elliott, Reese, Patterson, Glover, Ravenel and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-665 SO AS TO REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO NOTIFY A PERSON AFTER HE HAS SERVED HIS PAROLE AND THE APPROPRIATE COUNTY BOARD OF REGISTRATION THAT THE PERSON IS ELIGIBLE TO VOTE.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 52 (Word version) -- Senators Wilson, Grooms, McGill, Elliott, Giese, Reese and Branton: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE, OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ANYTHING OF VALUE" AND "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 702 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF A LOCAL GOVERNING BODY TO CHARGE AND COLLECT A SERVICE OR USER FEE AND THE PROCEDURE REQUIRED FOR IMPOSITION OF THE FEE, SO AS TO REQUIRE A PUBLIC HEARING MUST BE HELD BEFORE SETTING THE FEES OR RATES CHARGED BY A PUBLIC UTILITY OWNED OR OPERATED ON BEHALF OF A MUNICIPALITY FURNISHING WATER OR SEWER SERVICES OUTSIDE ITS CORPORATE LIMITS THAT CHARGES FEES FOR THESE SERVICES THAT ARE AT LEAST FIFTY PERCENT HIGHER TO RESIDENTIAL USERS OUTSIDE THE CORPORATE LIMITS AS COMPARED TO RESIDENTIAL USERS INSIDE THE CORPORATE LIMITS, REQUIRE THE FEES OR RATES MUST BE BASED ON A COMPREHENSIVE COST OF SERVICE STUDY CONDUCTED IN ACCORDANCE WITH METHODS RECOGNIZED BY THE AMERICAN WATER WORKS ASSOCIATION, OR AN EQUIVALENT STANDARD, REQUIRE THE STUDY MUST BE MADE AVAILABLE FOR PUBLIC INSPECTION NOT LESS THAN FIFTEEN DAYS BEFORE THE PUBLIC HEARING, AND TO PROVIDE AN EXCEPTION.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

H. 5225 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO REQUEST 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".

The Concurrent Resolution was adopted, ordered returned to the House.

S. 980 (Word version) -- Senators Bauer and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

H. 3823 (Word version) -- Reps. Altman, Hinson, Campsen and Easterday: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".

On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.

H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS.

On motion of Senator HUTTO, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 5 (4879R004.SHR) proposed by Senator RICHARDSON and previously printed in the Journal of Thursday, April 25, 2002.

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Senator McCONNELL rose for an Expression of Personal Interest.

Senator MOORE rose for an Expression of Personal Interest.

Senator SETZLER rose for an Expression of Personal Interest.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 11:00 A.M. tomorrow.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator ELLIOTT proposed the following Amendment No. 2 (JUD3601.006):

Amend the bill, as and if amended, page 1, beginning on line 28, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   Title 27 of the 1976 Code is amended by adding:

Section 27-50-10.   As used in this article:

(1)   'Commission' means the South Carolina Real Estate Commission.

(2)   'Disclosure statement' means a residential property condition disclosure statement written on a form as required by this article and as promulgated by regulations of the commission.

(3)   'Listing agent' means a real estate licensee who represents an owner of real property in the sale, lease, or other transfer of the subject real property through the use of a written listing agreement as required by law.

(4)   'Owner' means each person having a recorded present or future interest in real estate who is identified in a real estate contract subject to this article, but does not include the owner or holder of a mortgage, deed of trust, mechanic's or materialman's lien, or other lien or security interest in the real property. This disclosure is limited to the actual residential dwelling and does not address common elements or areas for which the owner has no direct and primary responsibility.

(5)   'Purchaser' means each person or entity named as a purchaser, buyer, or tenant in a real estate contract subject to this article.

(6)   'Real estate contract' means a contract for the transfer of ownership of real property.

(7)   'Real estate licensee' means an individual licensed under Title 40, Chapter 57.

(8)   'Real property' means the lot or parcel and the dwelling unit described in a real estate contract subject to this article.

(9)   'Selling agent' means a real estate licensee who represents a purchaser of real property through the use of a written agency agreement as required by law, a real estate licensee who is a subagent as defined by law who represents the owner, or a dual agent as defined by law who represents both the purchaser and owner.

Section 27-50-20.   This article applies to the following transfers of residential real property consisting of at least one but not more than four dwelling units:

(1)   sale or exchange;

(2)   installment land sales contract;

(3)   lease with an option to purchase contract.

Section 27-50-30.   This article does not apply to transfers:

(1)   pursuant to court order including transfers in administration of an estate, pursuant to a writ of execution, by foreclosure sale, by a trustee in bankruptcy, by a receiver, by eminent domain, and resulting from a decree for specific performance;

(2)   to a mortgagee from the mortgagor or his successor in interest in a mortgage if the indebtedness is in default, by a trustee pursuant to a deed of trust or to a mortgagee pursuant to a mortgage if the indebtedness is in default, by a trustee under a mortgagee pursuant to a foreclosure sale, or by a mortgagee who has acquired the real property at a sale conducted pursuant to a judgment and order of foreclosure;

(3)   by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(4)   from one or more co-owners solely to one or more other co-owners;

(5)   made solely to a spouse or a person or persons in the lineal line of consanguinity of one or more transferors;

(6)   between spouses resulting from a divorce decree or support order or marital property distribution order;

(7)   made by virtue of the record owner's failure to pay federal, state, or local taxes;

(8)   to or from the federal government;

(9)   to the State, its agencies and departments, and its political subdivisions including school districts;

(10)   involving the first sale of a dwelling never inhabited;

(11)   real property sold at public auction;

(12)   to a residential trust;

(13)   between parties when both parties agree in writing not to complete a disclosure statement.

Section 27-50-40.   (A)   The owner of the real property shall furnish to a purchaser a written disclosure statement. The disclosure statement must contain the language and be in the form promulgated by the commission and the form may be delivered electronically through the internet or other similar methods. The commission may charge a reasonable fee for the printed form but shall post the form for free downloading on its public website. The disclosure statement must include, but is not limited to, the following characteristics and conditions of the property:

(1)   the water supply and sanitary sewage disposal system;

(2)   the roof, chimneys, floors, foundation, basement, and other structural components and modifications of these structural components;

(3)   the plumbing, electrical, heating, cooling, and other mechanical systems;

(4)   present infestation of wood-destroying insects or organisms or past infestation, the damage from which has not been repaired;

(5)   the zoning laws, restrictive covenants, building codes, and other land-use restrictions affecting the real property, any encroachment of the real property from or to adjacent real property, and notice from a governmental agency affecting this real property;

(6)   presence of lead-based paint, asbestos, radon gas, methane gas, underground storage tank, hazardous material or toxic material, buried or covered, and other environmental contamination;

(7)   existence of a rental, rental management, vacation rental, or other lease contract in place on the property at the time of closing, and, if known, any outstanding charges owed by the tenant for gas, electric, water, sewerage, or garbage services provided to the property the tenant leases.

(B)   The disclosure statement must give the owner the option to indicate that the owner has actual knowledge of the specified characteristics or conditions, or that the owner is making no representations as to any characteristic or condition.

(C)   The rights of the parties to a real estate contract in connection with conditions of the property of which the owner has no actual or constructive knowledge are not affected by this article.

Section 27-50-50.   (A)   The owner of real property subject to this article shall deliver to the purchaser the disclosure form required by this article before a real estate contract is signed by the purchaser and owner, or as otherwise agreed in the real estate contract.

(B)   Failure to provide the disclosure form required by this article to the purchaser does not:

(1)   void the agreement;

(2)   create a defect in title; or

(3)   present a valid reason to delay or otherwise interfere with the closing of a real estate transaction by a party including a closing attorney or lender.

(C)   A real estate licensee acting as a listing agent or a selling agent is subject to the regulations governing his license and performance of his responsibilities as licensee, as provided by the commission. This article does not limit any other remedy available to the purchaser under law.

Section 27-50-60.   If the owner discovers, after his delivery of a disclosure statement to a purchaser, a material inaccuracy in the disclosure statement or the disclosure is rendered inaccurate in a material way by the occurrence of some event or circumstance, the owner shall correct promptly the inaccuracy by delivering a corrected disclosure statement to the purchaser or make reasonable repairs necessitated by the occurrence before closing.

Section 27-50-65.   An owner who knowingly violates or fails to perform any duty prescribed by any provision of this article or who discloses any material information on the disclosure statement that he knows to be false, incomplete, or misleading is liable for actual damages proximately caused to the purchaser and court costs. The court may award reasonable attorney fees incurred by the prevailing party.

Section 27-50-70.   (A)   A listing agent or any real estate licensee operating for any party in a residential real estate transaction must inform in writing each owner covered by the listing agreement of the owner's obligations prescribed in this article. If the listing agent performs this duty, he is not liable for the owner's refusal or failure to provide a prospective purchaser with a disclosure statement.

(B)   This article does not conflict with or alter the duties of the real estate licensee pursuant to the regulations of the commission. The real estate licensee, whether acting as the listing agent or selling agent, is not liable to a purchaser if:

(1)   the owner provides the purchaser with a disclosure form that contains false, incomplete, or misleading information; and

(2)   the real estate licensee did not know or have reasonable cause to suspect the information was false, incomplete, or misleading.

Section 27-50-80.   This article does not limit the obligation of the purchaser to inspect the physical condition of the property and improvements that are the subject of a contract covered by this article. The real estate licensee, whether acting as listing agent or selling agent, has no duty to inspect the onsite or offsite conditions of the property and any improvements.

Section 27-50-90.   (A)   An owner is not required to disclose the fact or suspicion that a property may be or is psychologically affected, as described in subsection (B).

(B)   A cause of action may not arise against an owner of real estate in a covered transaction for failure to disclose:

(1)   that the subject real estate is or was occupied by an individual who was infected with a virus or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through his occupancy of a dwelling place; or

(2)   that the death of an occupant of a property has occurred or the manner of the death; or

(3)   public information from the sex offender registry as defined in Article 7, Title 23.

(C)   Subsection (B) does not preclude an action against an owner of real estate who makes intentional misrepresentations in response to direct inquiry from a purchaser or prospective purchaser with regard to psychological effects or stigmas associated with the real estate.

Section 27-50-100.   This article does not affect the landlord-tenant relationship between the parties to a lease with an option-to-purchase contract during the term of the lease, and the rights of the landlords and tenants pursuant to the South Carolina Residential Landlord and Tenant Act remain in effect until transfer of ownership of the property to the purchaser.

Section 27-50-110.   Nothing in this article is intended to prevent the parties to a contract of sale from entering into agreements of any kind or nature with respect to the physical condition of the property to be sold including, but not limited to, agreements for the sale of real property 'as is'.

Section 27-50-210.   (A)   This article applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental as defined in this article.

(B)   This article does not apply to:

(1)   lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45, including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, or provide a centralized telephone system, or provide housekeeping services at no additional charge;

(2)   any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8);

(3)   rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.

Section 27-50-220.   As used in this article:

(1)   'Residential property' means an apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.

(2)   'Rental management company' means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals.

(3)   'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.

(4)   'Vacation rental agreement' means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.

(5)   'Vacation rental management agreement' means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.

Section 27-50-230.   (A)   An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this article. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:

(1)   the tenant's signature on the vacation rental agreement, including electronic signatures transmitted over the internet or other similar medium;

(2)   the tenant's payment of any monies towards the vacation rental agreement;

(3)   the tenant's taking possession of the property subject to the vacation rental agreement.

(B)   A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which may be nonrefundable, must be stated in the vacation rental agreement.

(C)   An owner or rental management company who is a party to a vacation rental who intentionally fails to use a written vacation rental agreement as required by this section commits an unfair trade practice in violation of Chapter 5 of Title 39.

(D)   A rental management company has a duty to inform each owner under contract with the rental management company of the owner's obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner's refusal or failure to comply with the requirements of this article. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rules and regulations of the South Carolina Real Estate Commission.

Section 27-50-240.   (A)   The grantee of residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than one hundred eighty days after the date the grantee's interest is recorded in the office of the register of deeds. If the vacation rental begins more than one hundred eighty days after the recording of the grantee's interest, then no party has the right to enforce the terms of the vacation rental agreement or occupancy provided for in the agreement, but the tenant is due a refund of any payments towards the agreement within forty-five days of the recording of the transfer of interest.

(B)   Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental on a disclosure statement as provided in Section 27-50-40.

(C)   Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. The failure of a grantor or grantee to comply with the provisions of this section constitutes an unfair trade practice in violation of Chapter 5 of Title 39. No action may be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property defects of which an owner or rental management company had no actual knowledge.

Section 27-50-250.   If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order."   /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, consideration was interrupted by adjournment, the Bill remaining in the status of Special Order with Senator ELLIOTT retaining the floor.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 14, 2002, at 1:15 P.M. and the following Acts and Joint Resolutions were ratified:

(R315, S. 680 (Word version)) -- Senator Ravenel: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREA FROM WHICH A MEMBER OF THE BOARD SHALL BE ELECTED IN 2002 AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN 2002, AND EVERY TEN YEARS THEREAFTER BASED ON THE RESULTS OF THE DECENNIAL CENSUS, SHALL ALSO PROVIDE BY LAW FOR FURTHER REAPPORTIONMENT OF THE NUMBER OF THE MEMBERS OF THE BOARD WHO MUST RESIDE IN SPECIFIED AREAS TO REFLECT POPULATION CHANGES SINCE THE LAST DECENNIAL CENSUS.
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(R316, S. 813 (Word version)) -- Senator Gregory: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.
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(R317, S. 926 (Word version)) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO REQUIRE THE STATE PORTS AUTHORITY TO BEGIN ENVIRONMENTAL IMPACT STUDIES AND OTHER REQUIRED ACTIONS IN REGARD TO THE PERMITTING PROCESS TO LOCATE A NEW TERMINAL FACILITY ON THE WEST BANK OF THE COOPER RIVER AT A LOCATION IT DETERMINES APPROPRIATE, TO ESTABLISH CERTAIN CRITERIA TO BE USED IN REGARD TO THE LOCATION OF THIS TERMINAL FACILITY, TO AUTHORIZE THE STATE PORTS AUTHORITY TO BEGIN THE PROCESS OF ACQUIRING ANY REAL PROPERTY NECESSARY FOR THIS NEW FACILITY AT THIS LOCATION, TO PROVIDE THAT THE PORTS AUTHORITY AT THE COMPLETION OF THE PERMITTING PROCESS SHALL RENDER A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE NEW TERMINAL FACILITY WHICH SHALL INCLUDE A PROPOSED REQUEST FOR ANY STATE FUNDING NECESSARY TO COMPLETE THE PROJECT, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAYS DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK ARE DIRECTED TO EXPLORE ALL POTENTIAL OPPORTUNITIES FOR FEDERAL FUNDING OF THE INFRASTRUCTURE ENHANCEMENTS FOR PORT EXPANSION ON THE WESTERN SIDE OF THE COOPER RIVER, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL TAKE APPROPRIATE STEPS TO PROVIDE INDEMNIFICATION TO THE STATE PORTS AUTHORITY BOARD MEMBERS FROM ANY PERSONAL LIABILITY RELATED TO THEIR SERVICE ON THE BOARD IN REGARD TO FUNDING PROVIDED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK FOR THE COOPER RIVER BRIDGE, AND TO PROVIDE THAT A STATE ENTITY WHICH ACQUIRES REAL PROPERTY FROM THE FEDERAL GOVERNMENT OR FROM A STATE INSTRUMENTALITY OR REDEVELOPMENT AGENCY WHICH ACQUIRED IT FROM THE FEDERAL GOVERNMENT SHALL BE PERMITTED THE SAME USE OF THE PROPERTY AS WAS THE FEDERAL GOVERNMENT AND TO PROVIDE THAT NO COUNTY OR MUNICIPALITY BY ZONING OR OTHER MEANS MAY RESTRICT THIS PERMITTED USE OR ENJOYMENT OF THE PROPERTY.
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(R318, S. 969 (Word version)) -- Senator Martin: AN ACT TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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(R319, S. 1001 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES IN PUBLIC ON STATE COMMISSION OF FORESTRY LANDS EXCEPT WHERE SPECIFICALLY AUTHORIZED BY THE COMMISSION AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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(R320, S. 1045 (Word version)) -- Senator Thomas: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
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(R321, S. 1061 (Word version)) -- Senators Ravenel, Hutto, McConnell and Giese: AN ACT TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.
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(R322, S. 1200 (Word version)) -- Senators J. Verne Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn, Richardson, Peeler and Bauer: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO FIVE AND ONE-HALF PERCENT OF GENERAL FUND REVENUES OF THE PRECEDING FISCAL YEAR WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.
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(R323, S. 1221 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R324, H. 3868 (Word version)) -- Reps. A. Young, Keegan and Koon: AN ACT TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARD OF CANVASSERS, SO AS TO MOVE FROM THURSDAY TO FRIDAY AFTER THE ELECTION THE TIME FOR THE BOARD TO MEET.
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(R325, H. 3957 (Word version)) -- Reps. J.E. Smith and Allison: AN ACT TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.
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(R326, H. 3976 (Word version)) -- Reps. Coates, J. Hines, Askins and McGee: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR FLORENCE COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR FLORENCE COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, PROVIDE FOR THE COMPENSATION OF MEMBERS OF THE COMMISSION, THE ORGANIZATION OF THE COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE FLORENCE COUNTY ELECTION COMMISSION AND THE FLORENCE COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FLORENCE COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE, PROVIDE FOR REMOVAL OF COMMISSIONS UNDER CERTAIN CONDITIONS, AND TO DIRECT THE CODE COMMISSIONER TO MAKE CORRECTIONS TO CERTAIN REFERENCES IN THE CUMULATIVE SUPPLEMENT TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
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(R327, H. 4030 (Word version)) -- Reps. Easterday and McLeod: AN ACT TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
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(R328, H. 4412 (Word version)) -- Reps. Scarborough, Altman, Coates and Campsen: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLES 44, 94, AND 97, SO AS TO PROVIDE, RESPECTIVELY, FOR THE ISSUANCE OF SHARE THE ROAD LICENSE PLATES, A SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE, AND THE HERITAGE CLASSIC FOUNDATION SPECIAL LICENSE PLATE; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT FROM THE FUNDS COLLECTED FOR THESE LICENSE PLATES, SUFFICIENT FUNDS MUST BE SET ASIDE FOR USE BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL PLATE.
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(R329, H. 4419 (Word version)) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: AN ACT TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO KEEP A RECORD OF THE TRUSTEES WHO COMPLETE THE ORIENTATION PROGRAM; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO THE DEVELOPMENT AND CONTENT OF ANNUAL REPORT CARDS FOR SCHOOLS AND SCHOOL DISTRICTS, SO AS TO REQUIRE THE PERCENTAGE OF NEW TRUSTEES WHO COMPLETE THE ORIENTATION PROGRAM TO BE REFLECTED IN THE DISTRICT'S ANNUAL REPORT CARD; AND TO ADD SECTION 59-40-200 SO AS TO PROVIDE THAT IF A PROVISION IN THE SOUTH CAROLINA CHARTER SCHOOL ACT OF 1996 IS FOUND UNCONSTITUTIONAL, THE REMAINING PROVISIONS OF THAT ACT ARE VALID AND ARE NOT AFFECTED BY THE UNCONSTITUTIONAL PROVISION.
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(R330, H. 4530 (Word version)) -- Rep. Sharpe: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
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(R331, H. 4629 (Word version)) -- Reps. Harrison, McGee, Lucas and McLeod: AN ACT TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE, TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING, CONCEALING, CONTAINING, POSSESSING, OR MANUFACTURING THIS DRUG ARE SUBJECT TO FORFEITURE.
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(R332, H. 4869 (Word version)) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J.H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D.C. Smith, J.E. Smith, J.R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160, SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL, AND 911 TELECOMMUNICATORS.
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(R333, H. 4882 (Word version)) -- Reps. Freeman, Jennings, Lucas and Neilson: AN ACT TO AMEND ACT 587 OF 1994, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO DELETE THE PROVISIONS MAKING THE CLERK AN EX OFFICIO MEMBER OF THE BOARD AND PROVIDING FOR THE CLERK TO RECEIVE A SALARY IN ADDITION TO THAT AMOUNT PAID TO MEMBERS OF THE BOARD, AND AUTHORIZE THE BOARD TO HIRE A DIRECTOR TO PERFORM SUCH RESPONSIBILITIES AS THE BOARD SHALL DETERMINE.
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(R334, H. 4954 (Word version)) -- Reps. Townsend, Martin, W.D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J.H. Neal, J.M. Neal, D.C. Smith, Stille, Stuart, Walker and Webb: AN ACT TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
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(R335, H. 5088 (Word version)) -- Rep. Vaughn: AN ACT TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.
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(R336, H. 5160 (Word version)) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON APRIL 12, 2002, BY THE STUDENTS OF GRANARD MIDDLE SCHOOL IN THE CHEROKEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R337, H. 5181 (Word version)) -- Reps. J. Young and Weeks: AN ACT TO RENAME SUMTER LANDING/PACK'S MARINA IN SUMTER COUNTY ON LAKE MARION AS PACK'S LANDING.
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(R338, H. 5191 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF SCHOOL TAX MILLAGE FOR SPECIFIED PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, AND ENDING JUNE 30, 2003.
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(R339, H. 5212 (Word version)) -- Reps. Sharpe, Witherspoon and Rhoad: A JOINT RESOLUTION TO PROHIBIT POULTRY FROM STATES HAVING FLOCKS THAT HAVE TESTED POSITIVE FOR AVIAN INFLUENZA FROM ENTRY INTO THIS STATE UNTIL THIRTY DAYS AFTER DEPOPULATION, CLEANING, AND DISINFECTION OF THE FINAL CONFIRMED AVIAN INFLUENZA PREMISES IN THE POSITIVE STATE, AND TO PROVIDE THAT POULTRY PARTICIPATING IN EXHIBITIONS CONDUCTED IN A POSITIVE STATE AFTER MARCH 1, 2002, MUST TEST NEGATIVE FOR AVIAN INFLUENZA PRIOR TO PARTICIPATION IN A SOUTH CAROLINA EXHIBITION.
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(R340, H. 5216 (Word version)) -- Reps. Kirsh, Meacham-Richardson, McCraw, Delleney and Simrill: AN ACT TO ESTABLISH AND REAPPORTION ELECTION DISTRICTS IN WHICH FIVE OF THE SEVEN TRUSTEES OF THE CLOVER SCHOOL DISTRICT NO. 2 OF YORK COUNTY ARE REQUIRED TO RESIDE AND PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES.
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Having received a favorable report from the Dillon County Delegation, the following appointments were confirmed in open session:

Reappointment, Dillon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Franklin D. Lee, P. O. Box 1, Hamer, S.C. 29547

Reappointment, Dillon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Magnolia T. Williams, P. O. Box 1281, Dillon, S.C. 29536

Having received a favorable report from the Marion County Delegation, the following appointment was confirmed in open session:

Reappointment, Marion County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Lunette R. Cox, P. O. Box 35, Gresham, S.C. 29546

On motion of Senator RAVENEL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Carolyn Heyman Goodstein of Charleston, S. C., beloved mother of our former friend and colleague, Senator ARNOLD GOODSTEIN.

At 1:29 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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