Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Dr. Frank Page of Taylors, as follows:

Father God, we thank You that on this National Day of Prayer that it reminds us of who You are and who we are. God help us never to get those mixed up. Because You are the one who's in charge, the one who leads and guides and directs and Father, we are the ones to follow, the ones to submit and I pray that we will do that. I lift up this body of leaders today and pray to God for Your guidance, wisdom and discernment upon their lives and their actions. May they remember who You are and may they seek You in every way. Thank You again for this time. Amen.

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

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

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Henry E. "Buddy" Beard, Jr., of Camden, which was agreed to.

The following was received:

Date Draft Report Issued:   Thursday, May 4, 2006
Date and Time

Final Report Issued:       12:00 noon on Tuesday, May 9, 2006

May 4, 2006
Dear Members of the General Assembly:

Enclosed is the Judicial Merit Selection Commission's report of candidate qualifications. This report is designed to assist you in determining how to cast your vote. The Commission is charged by law with ascertaining whether judicial candidates are qualified for service on the bench. In accordance with this mandate, the Commission has thoroughly investigated all judicial candidates for their suitability for judicial service. The Commission found all candidates discussed in this report to be qualified.
The Commission's finding that a candidate is qualified means that the candidate satisfies both the constitutional criteria for judicial office and the Commission's evaluative criteria. The attached report details each candidate's qualifications as they relate to the Commission's evaluative criteria.
Judicial candidates are prohibited from asking for your commitment until 12:00 noon on Tuesday, May 9, 2006. Members of the General Assembly are not permitted to issue letters of introduction, announcements of candidacy, statements detailing a candidate's qualifications, or commitments to vote for a candidate until Tuesday, May 9, 2006. In sum, no member of the General Assembly should, orally or by writing, communicate about a candidate's candidacy until the time designated after release of the Judicial Merit Selection Commission's report of candidate qualifications. If you find a candidate violating the pledging prohibitions or if you have questions about this report, please contact the Commission office at 212-6092.
Thank you for your attention to this matter.

Sincerely,
F.G. Delleney, Jr., Chairman
James H. Ritchie, Jr., Vice-Chairman

Dear Fellow Members:
This letter is written to call your attention to issues raised during the December 2003 Judicial Merit Selection hearings concerning a judicial candidate's contact with members of the General Assembly, as well as third parties contacting members on a candidate's behalf. It is also to remind you of these issues for the Spring 2006 screening.
Section 2-19-70(C) of the South Carolina Code contains strict prohibitions concerning candidates seeking or legislators giving their pledges of support or implied endorsement through an introduction prior to 48 hours after the release of the final report of the Judicial Merit Selection Commission (Commission). The purpose of this section was to ensure that members of the General Assembly had full access to the report prior to being asked by a candidate to pledge his or her support. The final sentence of Section 2-19-70(C) provides that "the prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications" (emphasis added). Candidates may not, however, contact members of the Commission regarding their candidacy; please note that six members of the Commission also are legislators.
In April 2000, the Commission determined that Section 2-19-70(C) means no member of the General Assembly should engage in any form of communication, written or verbal, concerning a judicial candidate before the 48-hour period expires following the release of the Commission's report. The Commission would like to clarify and reiterate that until at least 48 hours have expired after the Commission has released its final report of candidate qualifications to the General Assembly, only candidates, and not members of the General Assembly, are permitted to issue letters of introduction, announcements of candidacy, or statements detailing the candidates' qualifications.
The Commission would again like to remind members of the General Assembly that a violation of the screening law is likely a disqualifying offense and must be considered when determining a candidate's fitness for judicial office. Further, the law requires the Commission to report any violations of the pledging rules by members of the General Assembly to the House or Senate Ethics Committee, as may be applicable.

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

While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge

Commission's Findings:   QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. J. Michelle Childs meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Ms. Childs was born on March 24, 1966. She is 40 years old and a resident of Columbia, South Carolina. Ms. Childs provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1992.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Childs.
Ms. Childs demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Ms. Childs reported that she has made $50 in campaign expenditures on paper, envelopes, and postage.
Ms. Childs testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Ms. Childs testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

This case arose out of the suicide of James W. Blume, a convicted felon, while he was incarcerated at the Bamberg County Detention Center. The case alleged causes of action for negligence, wrongful death and conscious pain and suffering. Blume was placed on suicide watch as a precautionary measure, because at the time of his booking, he was intoxicated, attempted to escape and run out of the building, was uncooperative, complained that he could not breathe and requested his nasal spray, and later slumped to the floor. Although Blume was checked on a regular, frequent basis, he committed suicide in his cell using his underwear as a noose. In the trial of this case, among other

My client, Ms. Woods, left her husband, Mr. Woods, while living in North Carolina and took their two children to California. Mr. Woods filed an affidavit with a North Carolina court in which he represented to the Court that the children and he were all residents of North Carolina with full knowledge that Ms. Woods and the children were living in California. Mr. Woods obtained an ex parte Order granting him custody of the children on the basis of this fraudulent affidavit, took the Order to California and was given custody of the children by the police, and then brought the children to South Carolina. Ms. Woods sought to re-gain custody of her children from her ex-husband and obtained an ex parte Order from California giving her temporary custody of the children. I was able to get the South Carolina Family Court to give full faith and credit to Ms. Wood's California Order granting her temporary custody, allow Ms. Woods to obtain her children from her ex-husband, and to get the case transferred back to the California Family Court under the Uniform Child Custody Jurisdiction Act. Ms. Woods was later awarded permanent custody of the children by the California Family Court.
(c)   White v. Chambliss, et. al, Civil Action No. 1:93-3058-6 (United States District Court for the District of South Carolina, Aiken Division).

This case was an action against social workers and DSS for the alleged wrongful death of a minor child while she was in foster care. The minor child presented at the hospital with a broken arm, was suspected of child abuse, and placed in the custody of DSS. The minor child was eventually placed into foster care and, about a month later, died of blows to the head while in the foster home. I represented the DSS case worker who was involved in the placement of the children in foster care. I filed a motion for summary judgment based on a qualified immunity defense protecting the DSS case worker from liability. The District Court denied the motion for summary judgment. Another lawyer in the firm handled the appeal to the Fourth Circuit Court of Appeals, which granted summary judgment on the basis of the qualified immunity defense.

The plaintiff alleged that UPS failed to reasonably accommodate him and terminated him because of his alleged disability (back injury) in violation of the Americans With Disabilities Act ("ADA"). I represented UPS and was granted summary judgment after proving that the claimant filed a claim with the SC Workers' Compensation Commission alleging that he could not work as a result of his back injury and was awarded permanent and total disability, and thus, was judicially estopped from taking a contrary position in his ADA claim by contending that he could work and perform the essential functions of his job with UPS.
(e)   Gibbs v. SCE&G, et. al., Civil Action No. 3:93-0770-0 (United States District Court for the District of South Carolina, Columbia Division).

The plaintiff's riding privileges on SCE&G's Dial-A-Ride Transit system for persons with disabilities were suspended as a result of various complaints by drivers and passengers regarding his disruptive and offensive behavior. The plaintiff alleged causes of action for discrimination and retaliation and coercion under the Americans with Disabilities Act, a violation of 42 U.S.C. 1983, state law claims for intentional and negligent infliction of emotional distress, negligent hiring and supervision, libel per se, and civil conspiracy. After extensive discovery and litigation of the case, the District Court granted summary judgment on five out of nine causes of action then the case settled."
The following is Ms. Childs's account of civil appeals she has personally handled:
"(a)   Sea Pines Association for the Protection of Wildlife, Inc., et. al. v. South Carolina Department of Natural Resources and Community Services Associates, Inc., Op. No. 25326, filed July 23, 2001, South Carolina Supreme Court --- (tried case and wrote briefs).

Sea Pines has been legally designated as a wildlife sanctuary. I represented local and national animal rights groups and individual residents and homeowners of Sea Pines Plantation in Hilton Head Island who ultimately sought a permanent injunction to restrain the South Carolina Department of Natural Resources ("SCDNR") from issuing permits for the lethal elimination of deer within Sea Pines and a declaratory judgment that SCDNR was not complying with the requisite statutes, rules and regulations relative to the issuance of permits in a wildlife sanctuary. I obtained an ex parte temporary

The plaintiffs are attorneys who asserted causes of actions against the defendants for civil conspiracy and defamation per se. The plaintiffs alleged that the defendants, a mayor and city manager, conspired against them and defamed them by publicly accusing them of charging excessive fees in the settlement of a case during a radio broadcast interview. I represented the defendants and was granted summary judgment by the circuit court. The Supreme Court affirmed in part, reversed in part and remanded the decision.
(c)   Harris and Prasky v. L&L Wings, Inc., Op. No. 962315, decided December 24, 1997, Fourth Circuit Court of Appeals --- (associate counsel in trial and wrote appellate brief).

The plaintiffs alleged causes of action for sexual harassment, under both quid pro quo and hostile environment theories, retaliatory discharge, and pay discrimination pursuant to Title VII and the Equal Pay Act. I represented the defendants. At the summary judgment hearing, the district court dismissed the Title VII sex discrimination disparate pay claim. At the trial, the district court ordered a directed verdict as to the equal pay cause of action and one plaintiff's retaliation claim. The jury returned a verdict in favor of the plaintiffs on the other retaliation claim and the sexual harassment claims. The Fourth Circuit affirmed the jury verdict."
Ms. Childs has not personally handled any criminal appeals.
Ms. Childs reported she held the following judicial office:
"I currently serve as a Commissioner with the South Carolina Workers' Compensation Commission. I was appointed by Governor

The claimant sought to include in the calculation of her average weekly wage and compensation rate all merit raises she received after her injury. The claimant also wanted the Single Commissioner to find that the weeks she worked part-time and received temporary partial compensation should not be counted as full weeks in determining the number of weeks to be paid in her permanent disability award of 500 weeks. The Single Commissioner ruled that the claimant's average weekly wage and compensation rate is determined at the time of the injury and that the claimant was entitled to 500 weeks of compensation less the number of weeks, including half-weeks, that she received temporary partial compensation. The Full Commission, the Circuit Court and the Court of Appeals affirmed the decision.
(b)   Brown v. Greenwood Mills, Inc., Op. No. 4034, filed October 24, 2005, South Carolina Court of Appeals --- (served on Full Commission Panel).

The claimant developed byssinosis while working with cotton at Greenwood Mills, but was also a long-term cigarette smoker. The Single Commissioner awarded benefits for an occupational lung disease. The Full Commission affirmed the decision. The Circuit Court also affirmed the decision, but declared the Full Commission should have allocated a portion of the claimant's disease to his long history of cigarette smoking, a non-compensable cause of his lung

The primary issue in this case was whether the defendants were required to provide the claimant with future attendant care by her family at reasonable market rates. This issue had not been addressed by South Carolina appellate courts. I determined that the defendants were responsible for future attendant care services for the claimant that are medically necessary for her injuries at the reasonable market rate for the area and that the evidence showed that the claimant's family could provide more suitable care for her than certified nursing assistants in the area. This issue in the case was resolved after this ruling, but other issues were appealed and have not yet been determined.
(d)   Pitts v. McCormick School District, WCC # 0208104, Civil Action No. 04-CP-24-1612 (Richland County Circuit Court) --- (Single Commissioner).

The claimant had a pre-existing condition of chronic post-traumatic stress syndrome ("PTSD"), obsessive compulsive personality disorder, and mania. Claimant was employed as a middle school teacher. He alleged that his PTSD was aggravated from incidents by students disrupting the classroom and, in particular, when he was teaching in the classroom and a child screamed after seeing a spider. This event reminded him of a prior incident leading to the onset of his PTSD. I determined that the claimant's job duties and the incident alleged were not extraordinary or unusual in comparison to the normal conditions of his employment as a teacher. The Full Commission and the Circuit Court affirmed the decision.
(e)   SC Dept. of Education v. The Second Injury Fund, WCC # 0223156 (heard March 2, 2004) --- (Single Commissioner).

The defendants sought partial reimbursement from the Second Injury Fund since the claimant had been diagnosed with a pre-existing condition of arthritis. I determined that the defendants were not entitled to partial reimbursement from the Second Injury Fund since the claimant's underlying claim had not been concluded, and thus, it had not yet been determined that the claimant suffered a subsequent disability resulting from the work injury. The Full Commission

The Midlands Citizens Advisory Committee found Ms. Childs to "be an eminently qualified and very highly regarded candidate, who would ably serve on the Circuit Court bench."
Ms. Childs is married to Dr. Floyd Lancelot Angus. She does not have any children.
Ms. Childs reported that she was a member of the following bar associations and professional associations:
"American Bar Association:

Judicial Division (2004-present);

Commissioner, Commission on Mental and Physical Disabilities (2003-06);

Fellow, American Bar Foundation (2001-present).
American Bar Association Young Lawyers Division:

Fellow, ABA Labor and Employment Law Section, EEO Committee (2001-03);

Liaison, Commission on Racial & Ethnic Diversity (2002-03);

Chair, Minorities in the Profession Committee (2001-02);

Vice Chair, Minorities in the Profession Committee (2000-01);

ABA/YLD Diversity Team (2001-02);

Chair, Awards of Achievement Committee (1999-00);

Beyond the Boundaries Team (1998-99);

Planning Board for Minorities in the Profession Committee (1997-99);

National Conferences Committee (1997-98).
Columbia Lawyers Association:

Secretary (1994);

President (1992-93).
John Belton O'Neall Inn of Court:

President, (2002-03);

Program Chair (1999-01);

Member (1996-present).
Merit Selection Panel, United States District Court, District of South Carolina:

Member (2000).
Richland County Bar Association:

Board of Directors, Public Defenders' Office (1997-99);

Long Range Planning Committee (1997-99);

Chair, Law Week Committee (1995-97);

Advisory Committee (1995-97).
South Carolina Bar:

House of Delegates (1996-02); (2006-present);

Board of Governors (2002-04);

Diversity and Inclusiveness Committee (1996-99);

Long Range Planning Committee (1997-99);

Co-Chair, Sub-Committee on Inclusiveness (1996-99);

CLE Committee (1996-97);

Diversity Task Force (1996-98);

Judicial Qualifications Committee (1996);

Employment and Labor Law Section:

President (2000-01), President-Elect (1999-00), Vice Chair (1998-99), Secretary-Treasurer (1997-98), CLE Coordinator (1996-97), Newsletter Editor (1995-96).
South Carolina Bar Young Lawyers Division:

President (2001-02);

President-Elect (2000-01);

Secretary-Treasurer (1999-00);

Long Range Planning Committee (1995-01);

Co-Chair, Time Out for Seniors Project (1998-99);

Chair, Diversity in the Profession Committee (1997-98);

Co-Chair, Diversity Task Force; First Place Winner, ABA Awards of Achievement (1996-97);

Youth Empowerment Summit Committee (1988).
South Carolina Black Lawyers Association:

Secretary (1995-97).
South Carolina Governor's Executive Institute:

(2001-02).
South Carolina Industry Liaison Group:

President (2000-01);

Second Vice President (1998-99);

Board of Directors (1997-present).
South Carolina Supreme Court:

Associate Member, Board of Law Examiners (2003-present).
South Carolina Women Lawyers Association:

Board of Directors (1999-01);

Co-Chair, Nominating Committee (1999-00);

Planning Board for Annual CLE (1997-98).

Board of Directors (2002-present).
Southern Association of Workers' Compensation Administrators:

Executive Committee (2002-present).
University of South Carolina School of Law:

President, Law School Alumni Association (2005-06);

Vice President, Law School Alumni Association (2004-05);

Secretary, Law School Alumni Association (2003-04);

Nelson Mullins Center for Professionalism Advisory Committee (2001-present);

Alumni Association Board (1998-present);

Planning Board for Annual Fund Drive (1995-97)."
Ms. Childs provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"Benjamin E. Mays Academy for Leadership Development:

Program Coordinator (1991-present).
Columbia Urban League:

Board Member (2000 to present);

Nominating Committee (2003-present);

Equal Opportunity Day Dinner Committee (2001).
Midlands Authority for Conventions, Sports and Tourism:

Board Member (1999-present);

Secretary (2003-present).
St. Martin De Porres Catholic Church:

School Board (2003-present);

Education Endowment Committee (1998-00).

HONORS AND AWARDS:

The State Newspaper's "Top 20 under 40" Award (2005);

University of South Carolina Moore School of Business Outstanding Young Alumni Award (2005);

John M. McFadden Award, Benjamin E. Mays Leadership Academy (2005);

Strathmore's Who's Who (2005);

American Bar Association Young Lawyers Division Affiliate Leader Award (2002);

SHEROES Award, Columbia Urban League (2002);

University of South Carolina Outstanding Young Alumni Award (2000);

Richland County Bar Civic Star Award (1999);

American Bar Association Young Lawyers Division Star of the Quarter Award (1999);

YWCA of the Midlands Tribute to Women and Industry Recognition (1998);

South Carolina Compleat Lawyer Award, Silver Medallion (1997)."
Ms. Childs additionally reported:
"I am greatly humbled by the opportunity to seek the nomination for the position of Circuit Court At-Large Seat 9. I believe that I am duly qualified for this position based on my education, experience, demonstrated leadership abilities, strong work ethic, compassion for the law, fair and impartial temperament, patient demeanor, and professionalism. I have always measured my accomplishments by the respect that I afford my fellow man and the ethical and moral standards by which I govern my personal life. I have been granted the highest civic, public, and bar service awards through anonymous nominations from my colleagues although never seeking any credit for my passion for public service and service to the bar. I have been fortunate to have the opportunity to perform in private practice, to head a division of a State agency, and to serve in a judicial capacity. I have developed excellent research and writing skills, administrative skills, and trial skills in these positions.
I believe it is a privilege to be a lawyer. As a member of the bar, I feel that it is imperative that all lawyers perform community service and engage in activities that will enhance the lives of others. Each of us has the ability to positively affect another person's life, whether it be through pro bono representation, giving time in free legal clinics, mentoring a young lawyer, sharing expertise in an area of law, or encouraging diversity initiatives within one's firm or in the bar. I have always challenged myself to go beyond what is a reasonable amount of community service and to engage in projects that positively advance the public's perception of lawyers. These experiences not only make the quality of life better for all generations, but they enhance my personal development and open my mind about real-life situations. During my tenure as President of the South Carolina Young Lawyers Division, I achieved national awards for my innovative projects: "Hoop It Up: Pack It In", a basketball fundraiser for school supplies for underprivileged children in elementary schools throughout the State of South Carolina; Diversity Video Project, "Equal Justice: The Law, Lawyers and Civil Rights," which portrays South Carolina lawyers' roles in the Civil Rights Movement; and "Does a Difference Make a Difference?" a diversity continuing legal education seminar and reception. Also, as President of the Columbia Lawyers Association, I commemorated the first "Matthew J. Perry" medallion which is now

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Debra J. Gammons meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Ms. Gammons was born on February 24, 1960. She is 46 years old and a resident of Greenville, South Carolina. Ms. Gammons provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1992.

Intensive four-week program that examines important legal issues that affect most Americans' lives (death penalty, abortion, physician-assisted suicide, insanity defense, First Amendment, racial discrimination, gender discrimination); study of constitutional law, case law, statutes. I organized debates and Mock Trials for the students; also directed students in drafting legislation and observing real trials and guilty pleas.
(b)   Family Law - Greenville Technical College

Examination of all aspects of practicing Family Law and the skills and knowledge needed to be an effective paralegal.
(c)   Claims Investigations - Greenville Technical College

Examination of all aspects of handling a personal injury case and the skills and knowledge needed to be an effective paralegal.
(d)   Discovery - Greenville Technical College

Examination of all areas of discovery - how to request information for cases, find information, submit information to the adverse party; obtain information from the adverse party and other sources; use of the Internet and the Freedom of Information Act.

Taught the basics of ethics; prepared seminar materials.
(f)   Ethics - Greenville County Bar Association Seminar

Taught the recent changes in the Rules of Professional Conduct.
(g)   Zoning and Land Use - Lorman Education Services Seminar

The necessary elements of an effective Zoning Ordinance; effective presentation before the Zoning Board of Appeals; duties of the Board of Zoning Appeals and Zoning Administrator; examination of case law and specific matters before the Board of Zoning Appeals."
Ms. Gammons reported that she has no legal publications; however she has had opinion articles published in various newspapers.
(4)   Character:
The Commission's investigation of Ms. Gammons did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Ms. Gammons did not indicate any evidence of a troubled financial status.
The Commission also noted that Ms. Gammons was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Ms. Gammons reported that her Martindale-Hubbell rating is "BV."
(6)   Physical Health:
Ms. Gammons appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Ms. Gammons appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Ms. Gammons was admitted to the South Carolina Bar in 1992.
Ms. Gammons gave the following account of her legal experience since graduation from law school:
"(a)   Assistant Solicitor, Ninth Judicial Circuit Solicitor's Office, 1992-1993 Prosecuted criminal cases (average 600 warrants per year); interviewed witnesses, victims, police officers, and pre-trial intervention candidates.

General Practice - represented clients (mainly plaintiffs); litigate cases (personal injury, medical malpractice, child custody, divorce, criminal defense).
(c)   Law Partner, Daniels and Gammons, Attorneys at Law, 1994-1997

General Practice - represented clients (plaintiffs and defendants); litigate civil and criminal cases (including, but not limited to, workers' compensation, personal injury, contract disputes, criminal defense).
(d)   Assistant City Attorney, City of Greenville, South Carolina, 1997-present

Prosecute criminal cases (average 1070 warrants / tickets per year); manage and litigate civil cases; draft briefs; research law; litigate appeals (civil and criminal); manage cases of employee misconduct or employee grievances; advise City departments; advise Board of Zoning Appeals, Risk Management Team, Fire and Police Practices Commission; negotiate and manage certain contracts (Police Duty Wrecker Service); handle business license issues and revocations."
Ms. Gammons further reported:
"Criminal Matters - Prosecution of criminal cases since 1992 (Solicitor's Office in Charleston); these cases included Felony Driving Under the Influence, Assault and Battery, Lynching, Criminal Domestic Violence; City of Greenville cases include Assault and Battery, Criminal Domestic Violence, Simple Possession of Marijuana, Disorderly Conduct, Driving Under the Influence. Cases that are not resolved through a plea negotiation are tried before a jury. Besides the issues of proving the case beyond a reasonable doubt, the usual issues of objections based on hearsay, admission of prior bad acts, exclusion of evidence, exclusion of witnesses are involved.
While in private practice, I defended those accused of crimes (Driving Under the Influence, Assault and Battery, Drug cases) and represented those with complaints of Section 1983 actions against police officers for the use of excessive force.
Civil Matters - As Assistant City Attorney, I handle cases involving allegations of wrongdoing by police officers (use of excessive force, false arrest, Section 1983 actions); I defend the City in these cases. I litigate zoning appeals and business license revocation appeals, allegations of unlawful denial of a building permit, allegations of Freedom of Information Act violations, and personal injury and property damage actions against a City employee. I also litigate vehicle confiscation and forfeiture cases. I appear before the

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge John D. Geathers meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Geathers was born on April 10, 1961. He is 45 years old and a resident of Columbia, South Carolina. Judge Geathers provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1986. He has been licensed to practice law in the State of North Carolina since 1994.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Geathers.
Judge Geathers demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Geathers reported that he has made $30 in campaign expenditures for postage.
Judge Geathers testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;

21 Ways to Avoid Malpractice;

Ethics, Productivity and Stress Management;

Local Government Attorney's Institute;

Nuts and Bolts for In-House State Lawyers;
2001   7th Annual Ethics Seminar;

A Day in Discovery;

Tips From the Bench II;
2002   Masters in Trial;

Tips From the Bench III;
2003   The CON Contested Case;

Writing Credit:

"The Matter Does Not Appear to Me As It Appears To Have Appeared To Me Then," 15-NOV S.C. Law 27;

"'An Inglorious Fiction': The Doctrine of Matrimonial Domicile in South Carolina," 18 Wis. Women's L.J. 233;
2004   Revised Lawyers' Oath;

Updating Advocacy Skills;

Ethical Issues for Estate Planning;
2005   Fourth Circuit Update;

Barnes Symposium on Religion;

Workers Comp. Update;

Tort Law Update."
Judge Geathers reported that he has taught the following law-related courses:
(a)   Lectured at CLE: Appellate Practice in SC - April 30, 1999;
(b)   Lectured at CLE: The CON Contested Case - May 2, 2003;

c)   Sierra Club v. SC Dep't of Health & Envtl. Control and Chem-Nuclear Systems, LLC. No. 04-ALJ-07-0126-CC (S.C. Admin. Law Court Oct. 2005) decision to renew Radioactive Material License for

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Daniel D. Hall meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Hall was born on October 2, 1954. He is 51 years old and a resident of York, South Carolina. Mr. Hall provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1988. Mr. Hall also has been licensed to practice law in the State of North Carolina since 1988.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Hall.
Mr. Hall demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Hall reported that he has not made any campaign expenditures.
Mr. Hall testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Hall testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Mr. Hall to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Hall described his past continuing legal or judicial education during the past five years as follows:
"I have attended the South Carolina Solicitor's Association Convention each of the past 5 years and received required CLE hours." Specifically, Mr. Hall stated that he has attended the following:

Murder trial in which boyfriend stabbed girlfriend to death in a rage of domestic violence. Defendant was sentenced to life without parole.
(b)   State v. Aaron Williams, 2003 GS 46 2745.

Burglary First Degree trial in which a 70 year-of-age widow's home was invaded while she was alone. She was physically attacked. Defendant left fingerprints. Defendant was sentenced to 30 years.
(c)   State v. Sakima McCullough, 2006 GS 46 0110.

Burglary First Degree, Armed Robbery and Kidnapping trial in which defendant was involved in a home invasion, robbery and assault on a victim with no ties to defendant. Defendant was sentenced to 30 years.
(d)   State v. Edward Miller, 2003 GS 46 0557.

Prosecutor in case in which defendant was charged with murder. Case was true billed by grand jury. In preparing for trial and investigating this case with an investigator from our office, we found evidence absolving this defendant of the murder. He had been wrongly charged. I dismissed the case.
(e)   State v. Penny Sue Price, 1994 GS 46 2784.

Defendant at trial, an indigent, mentally handicapped defendant charged with threatening the public housing officials. Found not guilty at trial."
Mr. Hall reported that he had not personally handled any civil appeals.
Mr. Hall reported that he had not personally handled any criminal appeals.
Mr. Hall reported he held the following judicial office:
"Municipal Judge - City of York, South Carolina - appointed by York City Council. January, 1993 - May, 1999. Signed criminal warrants and set bonds for general sessions criminal matters occurring in city limits. Presided over pleas, bench trials and jury trials for criminal or traffic charges in the City of York in which the statutory penalty was no greater than 30 days in jail or the fine was no more than $200."
Mr. Hall further reported the following regarding unsuccessful candidacies:
"Republican candidate for Solicitor, Sixteenth Judicial Circuit, June, 1996. Candidate for Judge Sixteenth Circuit Family Court - 1998 - withdrew."

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. William K. Witherspoon meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Witherspoon was born on September 4, 1959. He is 46 years old and a resident of Columbia, South Carolina. Mr. Witherspoon provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1991.

President January 2001 - December 2001;

Executive Committee January 1996 - December 2001;
(c)   Columbia Lawyers' Association:

President January 1995 - December 1997."
Mr. Witherspoon provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Salvation Army Board of Directors;
(b)   Leadership Columbia Alumni Association;
(c)   Richland County School District 1 mentor program;
(d)   Union Baptist Church;
(e)   Palmetto Legal Aide Board of Directors 1998 - 2001;
(f)   USC School of Law Compleat Lawyer Silver Medallion - 1999."
Mr. Witherspoon additionally reported:
"I believe that my diverse legal background would benefit me as a Circuit Court Judge. I have worked as a law enforcement officer, in private practice, in public service and over the last six (6) years, I have gained valuable courtroom experience as a federal prosecutor. I believe these experiences would be an attribute to me if I am selected as a Circuit Court Judge.
I have also tried to continue my involvement in civic and professional activities in addition to practicing law. I have served on

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Deborah Brooks Durden meets the qualifications prescribed by law for judicial service as a judge in the Administrative Law Court.
Ms. Durden was born on April 13, 1961. She is 45 years old and a resident of Columbia, South Carolina. Ms. Durden provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1992. She has been licensed to practice law in the State of Alaska since 1993.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Paige J. Gossett meets the qualifications prescribed by law for judicial service as a judge in the Administrative Law Court.
Ms. Gossett was born on June 12, 1969. She is 36 years old and a resident of Columbia, South Carolina. Ms. Gossett provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1994.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Gossett.
Ms. Gossett demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges,

$112.26 (03/16/06);
Photograph:       $ 27.00 (02/06/06);
Postage:       $ 3.51 (various dates)."
Ms. Gossett testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Ms. Gossett testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Ms. Gossett to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Ms. Gossett described her past continuing legal or judicial education during the past five years as follows:
"Since my admission to the Bar, I have annually fulfilled, and generally exceeded, all Minimum Continuing Legal Education (MCLE) and Legal Ethics and Professional Responsibility (LEPR) requirements. The seminars I have attended over the last five years are listed below:
04/12/05   Attorney Electronic Case Filing (ECF) Training;
09/23/05   South Carolina Administrative and Regulatory Law Association (SCAARLA) Educational Seminar;
11/07/05   South Carolina Regulated Utilities Seminar;
12/09/05   Tips from the Bench V;
07/08/04   South Carolina Law of Encumbrance;
10/01/04   South Carolina Administrative and Regulatory Law Association (SCAARLA) Meeting with Oath;
10/01/04   Revised Lawyer's Oath with South Carolina Administrative and Regulatory Law Association (SCAARLA);
11/14/03   Masters-in-Trial;
12/12/03   Tips from the Bench IV;
04/26/02   South Carolina Women Lawyers Association Continuing Legal Education 2002;

In this case that was appealed to the South Carolina Supreme Court twice and also to the United States Supreme Court, I served as co-counsel with John M.S. Hoefer of my firm and A. Camden Lewis of Lewis, Babcock and Hawkins. We represented a class of approximately 65,000 federal retirees challenging the constitutionality of a state statute. The first appeal involved the administrative law issue of whether the taxpayers could sue directly in circuit court or whether they were required to first exhaust administrative remedies before the Department of Revenue and the Administrative Law Court. In a significant opinion in the field of administrative law, the South Carolina Supreme Court held that exhaustion of administrative remedies was not required when the sole issue presented for determination was a facial challenge to the constitutionality of a statute. The second appeal involved the merits of the taxpayers' claims raising significant constitutional issues. The case was further appealed to the United States Supreme Court, which invited the input of the Solicitor General of the United States before declining review.
(b)   Colleton County Council v. McConnell, CA No. 3:01-3581-10 (2002). This action stemmed from the attempted reapportionment by

This action was a contested case before the Administrative Law Court arising from the South Carolina Department of Health and Environmental Control. The case was significant because it involved efforts by one hospital to shut down a new facility opened by a competing hospital on the ground that it was constructed in violation of the State Certification of Need and Health Facility Licensure Act.
(d)   In re: Application of South Carolina Electric & Gas Company for Adjustments in the Company's Gas Rate Schedules and Tariffs, PSC Docket No. 2005-113-G, Order No. 2005-619 (October 31, 2005).

In this regulatory proceeding I represented SCE&G before the Public Service Commission of South Carolina in SCE&G's first application for an adjustment in its base natural gas rates in over sixteen years. The case was significant because it affected nearly 282,000 South Carolinians receiving natural gas service from SCE&G. Additionally, it involved numerous intervening parties and was one of the first rate cases handled by the newly created Office of Regulatory staff. The case involved complex issues of ratemaking, rate design, and finance such as cost of capital and return on equity.
(e)   Smith v. South Carolina Public Service Authority, CA No. 95-CP-26-1274 (Horry County Court of Common Pleas, Fifteenth Judicial Circuit).

In this case, I represented a class of consumers in circuit court in a breach of contract matter against their electric service provider. This case was significant because it affected nearly 5,000 South Carolinians

The South Carolina Supreme Court issued its first opinion in this case on November 6, 2000. In this case, I represented a class of approximately 65,000 federal retirees challenging the constitutionality of a state statute. This appeal, the first of two opinions by the Supreme Court in this case, involved the administrative law issue of whether the taxpayers could sue directly in circuit court or whether they were required to first exhaust administrative remedies before the Department of Revenue and the Administrative Law Court. In a significant opinion in the field of administrative law, the South Carolina Supreme Court held that exhaustion of administrative remedies was not required when the sole issue presented for determination was a facial challenge to the constitutionality of a statute.
(b)   Ward v. State, 356 S.C. 449, 590 S.E.2d 30 (2003) (Ward II), cert. denied, 543 U.S. 808 (2004).

The South Carolina Supreme Court issued its second opinion in this case on December 8, 2003. The second appeal involved the merits of the taxpayers' claims raising significant constitutional issues. The case was further appealed to the United States Supreme Court, which invited the input of the Solicitor General of the United States before declining review.
(c)   Evans v. State, 344 S.C. 60, 543 S.E.2d 547 (2001).

The South Carolina Supreme Court issued its opinion in this case on March 12, 2001. This case involves a constitutional challenge to a state statute on behalf of state retirees. The appeal to the South Carolina Supreme Court, like Ward I, raised the administrative law question of when exhaustion of administrative remedies is required. Together the two cases provide guidance on this issue in the context of constitutional challenges and have been the subject of legal commentary. See Bonham, Geoffrey R., It Depends on the Question:

The South Carolina Court of Appeals issued its opinion in this case on January 20, 2006. This appeal involved the procedural issue of the propriety of the circuit court's lifting of a stay it had previously imposed pending resolution of a related administrative proceeding. The underlying case arises out of the efforts of the Joint Commission to condemn a wastewater treatment plant operated by Carolina Water Service. It involves significant constitutional issues relating to the Joint Commission's authority to exercise its eminent domain powers in these circumstances.
(e)   Porter v. South Carolina Public Service Commission and Palmetto Utilities, Inc., Memorandum Op. No. 2003-MO-023 (S.C. S.Ct. Mar. 10, 2003) (unpublished).

The Supreme Court issued its opinion in this case on March 10, 2003. In this case I participated in the preparation of the appellate briefs. This appeal arose out of an administrative ratemaking proceeding before the Public Service Commission of South Carolina."
Ms. Gossett has not personally handled any criminal appeals.
(9)   Judicial Temperament:
The Commission believes that Ms. Gossett's temperament would be excellent.
(10)   Miscellaneous:
The Midlands Citizens Advisory Committee found Ms. Gossett to "be highly qualified and highly regarded candidate, who would ably serve on the Administrative Law Court bench."
Ms. Gossett is married to Jeffrey Stephen Gossett. She has three children.
Ms. Gossett reported that she was a member of the following bar associations and professional associations:

Furthermore, I believe that fairness is the single most important quality that the citizens of South Carolina value in the judiciary. Most litigants, even when confronted with an unfavorable ruling, will respect the court's decision if they believe that it was reached after a fair

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Shirley C. Robinson meets the qualifications prescribed by law for judicial service as a judge in the Administrative Law Court.
Ms. Robinson was born on March 14, 1951. She is 55 years old and a resident of Columbia, South Carolina. Ms. Robinson provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1991.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Robinson.
Ms. Robinson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Ms. Robinson reported that she has not made any campaign expenditures.
Ms. Robinson testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Ms. Robinson testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Ms. Robinson to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Ms. Robinson described her past continuing legal or judicial education during the past five years as follows:

"(a)   The Practice of Law: Fair Billing - February 20, 1999;

(b)   Fifth Annual Ethics Seminar - November 5, 1999;

(c)   SCTLA Auto Torts XXII - December 3-4, 1999;

(d)   Solo & Small Office - March 10, 2000;

(e)   SC Administrative and Regulatory Law Association Seminar - September 21, 2001;

(f)   SCAGO Ethics for Government Lawyers - October 26, 2001;

(g)   2001 SC Local Government Attorney's Institute - December 27, 2001;

(h)   The Ethics Reform Act - September 11, 2002;

(i)   SC Administrative and Regulatory Law Association Seminar - September 20, 2002;

(j)   2002 SC Local Government Attorney's Institute - December 13, 2002;

(k)   SC Administrative and Regulatory Law Association Seminar - September 26, 2003;

(l)   2003 SC Local Government Attorney's Institute - December 12, 2003;

(m)   SC Administrative and Regulatory Law Association Seminar - October 1, 2004;

(n)   SC Black Lawyers Association Annual Summit and Retreat - October 22, 2004;
(o)   2004 SC Local Government Attorney's Institute - December 10, 2004;
(p)   Preparing Communities for Public Health Emergencies - March 18, 2005;
(q)   SC Administrative and Regulatory Law Association Educational Seminar - September 23, 2005;
(r)   Ethics for Government Lawyers - November 18, 2005;
(s)   2005 SC Local Government Attorney's Institute - December 9, 2005."
Ms. Robinson reported that she has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.
Ms. Robinson reported that she has not published any books or articles.
(4)   Character:
The Commission's investigation of Ms. Robinson did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Ms. Robinson did not indicate any evidence of a troubled financial status. Ms. Robinson has handled her financial affairs responsibly.

"1991- Law Firm of Edwards and Associates.

Columbia, South Carolina
- Associate (worked as Law Clerk prior to Law School Graduation) Involved in general practice primarily in the civil area, including family court cases, personal injury and workers' compensation cases.

1991-1992 - 8th Circuit Solicitor's Office.

Greenwood, South Carolina

Assistant Solicitor
- Served as chief prosecutor for family court representing DSS in child abuse and neglect cases and prosecuting juvenile delinquency cases.

1992-1994 - South Carolina Legislative Black Caucus.

Columbia, South Carolina

Executive Director
- Served the various needs of the members which ranged from responding to constituent needs, research, speech writing, management of the office and staff, and fund raising.

1995-2000 - Law Offices of Newman & Sabb, PA.

Columbia, South Carolina

Senior Associate
- Involved in general practice primarily in areas of family law, workers' compensation, probate and consumer bankruptcy. Also

2000 - Law Offices of Ronnie A. Sabb, LLC.

Columbia, South Carolina

Senior Associate
- Name of firm changed following Clifton Newman's election to the Circuit Court Bench. My areas of practice remained the same with the exception that I assumed responsibility for management of the office and staff.

2000-Present - SC Department of Labor, Licensing & Regulation.

Columbia, South Carolina

Attorney/Hearing Advisor
- Legal advisor to professional and occupational licensing boards providing guidance on the manner in which contested disciplinary hearings are to be conducted. These regulatory boards sit as quasi-judicial bodies while conducting disciplinary hearings involving licensees who are alleged to have violated some provision of the respective board's practice act. My responsibilities include ensuring that contested hearings are conducted in accordance with the requirements SC Administrative Procedures Act (the APA), due process requirements, and the rules of evidence applied in SC civil courts. I am also responsible for preparation of final orders stating the findings of fact, conclusions of law and sanctions imposed, if appropriate."
Ms. Robinson further reported:
"My first experience appearing before an Administrative Law Court judge was approximately seven years ago when I appeared before Judge Ray Stevens representing clients who were opposed to the locating of a hog farm near their home. The hog farm was approved by DHEC, but because my clients opposed the approval, a contested hearing was held before an administrative law judge. Additionally, for the past five years I have served as an attorney/advisor to the 37 licensing and regulatory boards that compose the SC Department of Labor, Licensing and Regulation. As the attorney/advisor, my role is to advise the boards as they conduct contested hearings. On an average, I participate in 100 to 125 contested hearings annually, 100% of which could potentially go before the Administrative Law Court for appellant review. However, my estimate is that approximately 5-10% of the cases are actually appealed, with less than 1% of the appealed cases being reversed or referred back to a board for further proceedings.

-Case was significant to me because it represented my first contested hearing before an Administrative Law Judge, and it was also the beginning of my interest in administrative law.
(b)   In Re: The Estate of Herbert O. Pointer v. Phyllis Pointer

-Case was significant because it involved a novel issue for me as well as the Richland Count Probate Court. The personal representative sought to exclude my client as an heir by asserting that she was not the natural child of the decedent nor had she been legally adopted by the decedent. Prior to his death, the decedent caused his name to be added

-Case was significant because it was a federal case that involved complex issues requiring extensive pre-trial prep and the participation of several experts. The case ultimately concluded with a sizable settlement for the client on the morning trial was scheduled to begin.
(d)   Page v. Page

-The case was significant because of the highly contested nature of the dispute between the parties over custody of their young daughter, and the case was well litigated on both sides.
(e)   McFadden v. McFadden

-The case was significant because it was also highly contested with allegation of marital misconduct from both parties, and because the case was further complicated by opposing counsel whose actions, in my opinion, did not serve the best interests of the parties or the parties' children."
The following is Ms. Robinson's account of civil appeals she has personally handled:
"(a)   Brantley v. Brantley, South Carolina Court of Appeals, decision issued on March 13, 2000.
(b)   Jones v. Jones, South Carolina Court of Appeals, decision issued on October 1, 1998.
(c)   Schumpert v. Estate of Pearl Schumpert Jenkins, South Carolina Court of Appeals, decision issued May 19, 1997."
Ms. Robinson reported that she had not personally handled any criminal appeals.
Ms. Robinson further reported the following regarding unsuccessful candidacies:
"I was an unsuccessful candidate for the Administrative Law Court in 2005. The election was held on February 2, 2005, and I did not have sufficient votes to win that election."
(9)   Judicial Temperament:
The Commission believes that Ms. Robinson's temperament would be excellent.

-Administrative & Regulatory Law Committee;

-Access to Justice Committee;
(b)   South Carolina Administrative and Regulatory Law Association;
(c)   South Carolina Women Lawyer's Association;
(d)   South Carolina Black Lawyers Association;
(e)   Formerly a member of the Richland County Bar;
(f)   Formerly a member of the Columbia Lawyer Association."
Ms. Robinson provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Board of Directors, Columbia Bethlehem Community Center (Personnel Committee Chairman);
(b)   James L. Belin Trust Board of Trustees (Board Secretary);
(c)   Formerly served on Babynet Interagency Coordinating Council (appointed by former Governor Carroll Campbell);
(d)   Recipient of Am Jur Award in Contracts."
Ms. Robinson additionally reported:
"My initial interest in serving on the Administrative Law Court began when I appeared before Judge Ray Stevens representing clients who opposed a hog farm being placed near their home. It was at this time that I realized that cases coming before this Court in some way impact most, if not all, citizens of South Carolina. Since then, I've concentrated on expanding my knowledge of administrative law by attending relevant seminars, and keeping abreast of court decisions. Also, my employment with the SC Department of Labor, Licensing and Regulation has only strengthened my desire, and made me realize that my diverse background and experiences make me an excellent fit for the Administrative Law Court. At this point in my life, I've reached a level of maturity that only come with time, and acquired a certain amount of wisdom from my experiences and the experiences of others. It has been my observation that judges who possess this maturity and wisdom, coupled with the requisite training and

The following candidates were found qualified and nominated:
J. Michelle Childs         Circuit Court, At-Large Seat 9
Honorable John D. Geathers     Circuit Court, At-Large Seat 9
William K. Witherspoon     Circuit Court, At-Large Seat 9
Deborah Brooks Durden     Administrative Law Court, Seat 5
Paige J. Gossett         Administrative Law Court, Seat 5
Shirley C. Robinson       Administrative Law Court, Seat 5

Respectfully submitted,
Representative F. G. Delleney, Jr.   Senator James H. Ritchie, Jr.
Senator Robert Ford         Representative Doug Smith
Senator Ray Cleary         Representative F. N. Smith, Jr.
Mrs. Amy Johnson McLester     Judge Curtis G. Shaw
Professor John P. Freeman     Mr. Richard S. Fisher

The following was received:

Columbia, S.C., May 3, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4324:

H. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF

Very respectfully,
President
Received as information.

The following was received:

April 28, 2006
Mr. Speaker and Members of the House of Representatives of the Sixth Congressional District:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the legislative members of the Sixth Congressional District and is, therefore, submitted for your consideration.

STATEWIDE APPOINTMENT
Prisoner of War Commission
Term Commencing: July 1, 2005
Term Expiring: July 1, 2009
Seat: 6th Congressional District

Reappointment
Mr. Charles R. Murray
200 Carolina Avenue
St. George, South Carolina 29477
843-563-4424

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

April 28, 2006
Mr. Speaker and Members of the House of Representatives of the First Congressional District:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the legislative members of the First Congressional District and is, therefore, submitted for your consideration.

STATEWIDE APPOINTMENT
Prisoner of War Commission
Term Commencing: July 1, 2003
Term Expiring: July 1, 2007
Seat: 1st Congressional District
Vice: Charles Youngblood (deceased)

Initial Appointment
Mr. Reginald B. Salisbury
1097 Cypress Camp Ground
Ridgeville, South Carolina 29472

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

April 28, 2006
Mr. Speaker and Members of the House of Representatives of the Third Congressional District:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the legislative members of the Third Congressional District and is, therefore, submitted for your consideration.

STATEWIDE APPOINTMENT
Prisoner of War Commission
Term Commencing: July 1, 2005
Term Expiring: July 1, 2009
Seat: 3rd Congressional District
Vice: Jack H. Simmons (resigned)

Initial Appointment
Mr. Talmadge P. Callison
2719 Country Farm Road
Greenwood, South Carolina 29646
864-227-1949

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The SPEAKER ordered the following veto printed in the Journal:

May 3, 2006
The Honorable Robert Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3184, R. 285.

H. 3184 (Word version) would make several changes in the procedures of our Administrative Law Court. The underlying legislation is a good piece of legislation and would have my support if it were sent to my desk

I would say first that I have a high regard for the quality of care provided by the hundreds of health professionals who serve at Lexington Medical Center. Lexington is regarded by many as one of the finest facilities in the State.

We have heard a good deal about the case of Lexington Medical Center from both sides of the debate. The underlying issue for both sides is the belief in providing the best care possible to the people of the Midlands. The members of the Lexington County Delegation are working hard to represent their constituents when they bring an issue like this to Columbia. I agree that people should be strong advocates for their communities. My challenge is, however, to view legislation from the statewide perspective and how it will impact all corners of the State. I am vetoing this legislation because it falls short on three points.

First, I agree that the Certificate of Need process is ultimately flawed. All states have struggled with the notion of how tightly constricted the process should be in regards to the availability of major medical investments which can actually affect the cost of health care to all citizens. However, the process should not be so restrictive that health care decisions get bogged down in bureaucratic processes that can drag out for years. In this case, the debate surrounding the proposed heart center at Lexington Medical has carried on for over two years and counting.

Unfortunately, this legislation does not fix the process. Instead, this legislation pulls out one circumstance and provides a narrowly defined standard to be used to determine when a Certificate of Need can be issued for a heart center. The net effect in the short term is that only one hospital would qualify for a heart center and that is Lexington Medical. There has been discussion about reforming the Certificate of Need process, and even a legislative study committee was put together last year to address this very issue. I believe that we should have a debate about how confined the Certificate of Need process should be or whether we even need one at all. However, I do not believe we should start down the path of piecemeal legislation to address one hospital or circumstance at a time.

Second, I disagree with the notion that we should change the rules of engagement in the middle of the process. After the Department of Health and Environmental Control ("DHEC") made its decision denying the Certificate of Need, Lexington Medical appealed that decision to the Administrative Law Court. After sixteen days of

Finally, there should be an objective standard when considering these types of policy changes. Under any Certificate of Need proposal, DHEC cites 33 different criteria that they must consider under state law. This legislation calls for 30 of them to be ignored and focuses on only three specific points: that no open heart surgery programs exist in the applicant's county; that the applicant offers diagnostic cardiac catheterizations; and that the applicant has performed 1,200 such catheterizations in the past year. The General Assembly enacted Section 44-7-200 of the State Certification of Need and Health Facility Licensure Act which requires an application "address all applicable standards and requirements set forth in departmental regulations, Project Review Criteria of the department, and the State Health Plan."

Simply put, the General Assembly could pass legislation to systemically change how DHEC determines Certificates of Need or once again whether a process should even exist at all. The bottom line is that it is this administration's view that we should either have a Certificate of Need process and adhere to it or not have one at all. But worst of all is to have a process that is subjectively administered based on a proponent's or an opponent's political strength in Columbia. The fact that proponents and opponents are regularly making their case in the local newspaper is a small indicator of how this problem has gotten out of hand. It is odd that in what is supposed to be a science-based decision, people are looking to impact the court of public opinion.

It is worth noting that the sponsor and author of the underlying bill, House Judiciary Chairman Jim Harrison, and Representative James Smith signed an editorial calling for this bill to be vetoed. That this is being debated in the editorial pages shows how absurd the process has become.

It is my hope this veto sparks change in this burdensome and bureaucratic process and, as a result, helps people not only in Lexington, but people across our State. At the end of the day, quality health care is not decided in boardrooms, courtrooms, or even legislative processes, but rather between a doctor and a patient. This legislation, though well-intended, seems to only amplify and prolong

For these reasons, I am returning H.3184 to you without my signature.

Sincerely,
Mark Sanford
Governor

The following was received:

Columbia, S.C., May 4, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 282, S. 1352 by a vote of 6 to 0:

(R282) S. 1352 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: AN ACT TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.

Very respectfully,
President

The SPEAKER ordered the following veto printed in the Journal:

May 3, 2006
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 1352 (Word version), R. 282.

This Bill is special legislation that would allow the security officers of the health service district in Lexington County to attend the state's Criminal Justice Academy, while not affording health service districts in other counties the same opportunity. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). Here a general statute could have been enacted that makes training at the academy available for all health service districts throughout the State.

The Lexington County Health Services District was formed by an ordinance of the Lexington County Council pursuant to S.C. Code Section 44-7-2010. It is governed by a board of directors, the members of which are appointed by the county council. The District encompasses only Lexington County and it is, by statute, an agency of the county. Because there are similar county or regional health service districts in other parts of the State, this Bill is in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 1352, R. 282, have been struck down by the South Carolina Supreme Court as unconstitutional special legislation.

For these reasons, I am vetoing and returning S. 1352 to you without my signature.

Sincerely,
Mark Sanford
Governor

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5075 (Word version) -- Reps. McLeod, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, Merrill, Miller, Mitchell, Moody-Lawrence,

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 1359 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PINE STREET IN THE CITY OF SPARTANBURG FROM ITS INTERSECTION WITH CHURCH STREET TO ITS INTERSECTION WITH DANIEL MORGAN AVENUE THE "VIC BAILEY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "VIC BAILEY HIGHWAY".
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

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

H. 5091 (Word version) -- Reps. Coates, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES AND SCHOOL OFFICIALS OF THE CAROLINA ACADEMY GOLF TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches and school officials of the Carolina Academy Golf Team on a date and at a time to be determined by the Speaker.

The Resolution was adopted.

The following was introduced:

H. 5092 (Word version) -- Reps. Ott, Coates, Altman, Anthony, Bailey, Barfield, Brady, Breeland, J. Brown, Clark, Dantzler, Funderburk, J. Hines, Hodges, Hosey, Howard, Jefferson, Kirsh, Leach, Limehouse, Littlejohn, McCraw, Miller, Owens, Rice, Scarborough, Sinclair, J. R. Smith, Talley and Umphlett: A HOUSE RESOLUTION TO EXPRESS THE SENTIMENT OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA THAT THE EVER INCREASING EXORBITANT PRICES OF GASOLINE AND OIL PRODUCTS MAY CONSTITUTE PRICE-FIXING OR UNFAIR OR UNLAWFUL PRICE GOUGING AND TO REQUEST THE UNITED STATES ATTORNEY GENERAL OF THIS STATE TO INVESTIGATE WHETHER OR NOT VIOLATIONS OF LAW HAVE OCCURRED.

The Resolution was adopted.

The following was introduced:

H. 5093 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO CONGRATULATE JAMES "JIMMY" GRANT, OF RICHLAND COUNTY, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5094 (Word version) -- Reps. E. H. Pitts, Toole and Bingham: A HOUSE RESOLUTION TO HONOR DR. DONALD FARLEY ACKERMAN FOR HIS EXCEPTIONAL CONTRIBUTIONS TO THE FIELD OF EDUCATION DURING HIS FORTY-YEAR TENURE AS A TEACHER AND PRINCIPAL OF PINEVIEW ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT TWO AND TO

The Resolution was adopted.

The following was introduced:

H. 5095 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE REMARKABLE ACHIEVEMENTS OF THE STUDENTS, FACULTY, AND ADMINISTRATION OF SOUTHSIDE HIGH SCHOOL IN GREENVILLE COUNTY ON BEING RANKED THIRTY-SIXTH AMONG THE NATION'S PUBLIC HIGH SCHOOLS BY NEWSWEEK MAGAZINE.

The Resolution was adopted.

The following was introduced:

H. 5096 (Word version) -- Reps. J. Brown, Bales, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE AND EXTEND VERY BEST WISHES TO MRS. EMMA ANGELINE HARRIS BUTLER OF EASTOVER, SOUTH CAROLINA, ON NINETY-THREE YEARS OF A FULL

The Resolution was adopted.

The following was introduced:

H. 5097 (Word version) -- Reps. Herbkersman, Cobb-Hunter, Merrill, Harrell, Bingham, Rivers, Bowers, Chalk, Hodges, Witherspoon, Hardwick, Harrison, Haley, McLeod, Bales, Brady, Ceips, Clark, Clemmons, Clyburn, Emory, Frye, Funderburk, Hosey, Huggins, Jefferson, J. M. Neal, Neilson, E. H. Pitts and Umphlett: A CONCURRENT RESOLUTION TO HONOR AND PAY TRIBUTE TO COACH JIM CARLEN OF BEAUFORT COUNTY FOR HIS OUTSTANDING CAREER AS A COLLEGE FOOTBALL COACH AND HIS SERVICE AS THE ATHLETIC DIRECTOR AND HEAD FOOTBALL COACH AT THE UNIVERSITY OF SOUTH CAROLINA.

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

The following was introduced:

H. 5098 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE THE COMMUNITY ROUNDTABLE OF IRMO, DUTCH FORK, AND CHAPIN FOR BEING NAMED "COALITION OF THE YEAR" BY THE COMMUNITY ANTI-DRUG COALITIONS OF AMERICA AND TO EXPRESS APPRECIATION FOR ALL THE COMMUNITY ROUNDTABLE DOES TO GUIDE AND ASSIST YOUNG SOUTH CAROLINIANS IN MAKING WISE PERSONAL CHOICES AND IN BECOMING RESPONSIBLE CITIZENS.

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

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 5099 (Word version) -- Rep. J. E. Smith: A JOINT RESOLUTION TO PROVIDE THAT UNTIL A PEACE AGREEMENT BETWEEN SUDAN AND THE REBEL GROUPS IN THE DARFUR REGION OF SUDAN IS ENTERED INTO OR UNTIL SUDAN AGREES TO ACCEPT A UNITED NATIONS PEACEKEEPING FORCE IN DARFUR, NO GOODS OR PRODUCTS MANUFACTURED, GROWN, OR MADE IN THE STATE OF SOUTH CAROLINA MAY BE EXPORTED DIRECTLY OR THROUGH INDIRECT MEANS TO SUDAN THROUGH SOUTH CAROLINA PORTS, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
On motion of Rep. J. E. SMITH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

The following was introduced:

H. 5100 (Word version) -- Reps. Haley and E. H. Pitts: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE MCGEE REAL ESTATE COMPANY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE CITIZENS OF ITS SURROUNDING COMMUNITIES, AND TO CONGRATULATE ITS LEADERSHIP AND EMPLOYEES ON RECEIVING THE PRESTIGIOUS JEFFREY RUTLAND FAMILY-OWNED BUSINESS OF THE YEAR AWARD.

The Resolution was adopted.

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn

Coates                 Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Harvin
Hayes                  Herbkersman            J. Hines
Hinson                 Hodges                 Hosey
Howard                 Huggins                Jefferson
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 M. A. Pitts
Rhoad                  Rice                   Rivers
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
White                  Whitmire               Witherspoon
Young

I came in after the roll call and was present for the Session on Thursday, May 4.

Paul Agnew                        Doug Smith
Fletcher Smith                    Douglas Jennings
Carl Anderson                     Ralph Davenport
Gloria Haskins                    Edward H. "Ted" Pitts
James Lucas                       Jackson "Seth"  Whipper
Creighton Coleman                 Jerry Govan
W. E. "Bill" Sandifer             Todd Rutherford

The SPEAKER granted Rep. HIOTT a leave of absence for the day due to a death in the family.

Announcement was made that Dr. Ty Carter of Aiken is the Doctor of the Day for the General Assembly.

Reps. MCCRAW, PHILLIPS and LITTLEJOHN presented to the House the Gaffney High School "Indians" Varsity Football Team, the Big Sixteen State Champions, their coach and other school officials.

Rep. MILLER presented to the House The Lowcountry Day School Soccer Team, the 2005 Class A South Carolina Independent School Association Champions, their coach and other school officials.

Reps. BRANHAM and COATES presented to the House the Carolina Academy "Bobcats" Golf Team, the 2006 South Carolina Independent School Association Champions, their coach and other school officials.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3062 (Word version)
Date:   ADD:
05/04/06   CLEMMONS

Bill Number:   H. 3062 (Word version)
Date:   ADD:
05/04/06   CHALK

Bill Number:   H. 3062 (Word version)
Date:   ADD:
05/04/06   BAILEY

Bill Number:   H. 3062 (Word version)
Date:   ADD:
05/04/06   YOUNG

Bill Number:   H. 3343 (Word version)
Date:   REMOVE:
05/04/06   CATO

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 1370 (Word version) -- Senator Drummond: A BILL TO AMEND ACT 145 OF 2001, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF NINETY SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.

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

H. 5088 (Word version) -- Reps. Sandifer, Whitmire and Martin: A BILL TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE ELECTED IN A NONPARTISAN ELECTION FOR A TERM OF TWO YEARS; TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY APPOINT A NEW SUPERINTENDENT IN THE EVENT OF A VACANCY; TO PROVIDE THAT THE CURRENT SUPERINTENDENT OF EDUCATION SHALL CONTINUE TO SERVE THROUGH JUNE 30, 2007; TO PROVIDE THAT THE OCONEE LEGISLATIVE DELEGATION MAY APPOINT THE SUPERINTENDENT OF EDUCATION IF NO PERSON QUALIFIES AS A CANDIDATE; TO PROVIDE THAT THE DUTIES AND COMPENSATION OF THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION MUST BE DETERMINED BY THE DELEGATION; AND TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY RELATING TO WHETHER THE OFFICE OF THE ELECTED SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY SHOULD BE ABOLISHED AND TO PROVIDE FOR CERTIFICATION OF REFERENDUM RESULTS AND COSTS.

H. 3062 (Word version) -- Reps. Kirsh, Davenport, Barfield, Clyburn, Clark, Bales, Clemmons, Chellis, Bailey and Young: A BILL TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS' LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING

Rep. KIRSH explained the Bill.

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 5088 (Word version) be read the third time tomorrow.

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3062 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 5059 (Word version) -- Rep. Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-427 SO AS TO PROVIDE THAT THE UNION COUNTY SCHOOL BOARD OF TRUSTEES IS AUTHORIZED TO ESTABLISH THE OPENING DATE FOR SCHOOL TO BEGIN.

Rep. ANTHONY explained the Bill.

Rep. COOPER requested debate on the Bill.

Rep. ANTHONY continued speaking.

Rep. EDGE moved to continue the Bill.

Those who voted in the affirmative are:

Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Brady                  Cato
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Delleney               Edge                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Haskins                J. Hines
Huggins                Kennedy                Leach
Loftis                 Martin                 McGee
McLeod                 Merrill                Neilson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Simrill                G. R. Smith
J. E. Smith            Taylor                 Thompson
Toole                  Townsend               White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Branham                Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Davenport              Emory
Funderburk             Harvin                 Hinson
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kirsh
Lucas                  Mack                   McCraw
Moody-Lawrence         J. H. Neal             J. M. Neal
Norman                 Owens                  Parks
Phillips               Pinson                 Rivers
Rutherford             Scarborough            Scott
Skelton                G. M. Smith            Talley

Vick                   Walker                 Weeks
Whipper

So, the Bill was continued.

The following Bill was taken up:

S. 1082 (Word version) -- Senators Moore, Rankin, Alexander and McConnell: A BILL TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; SECTIONS 58-5-220, AND 58-5-230; SECTION 58-5-240, AS AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 58-5-340, 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH AS AMENDED; SECTIONS 58-5-730, 58-5-920, 58-5-930; SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 58-5-1040, 58-5-1050, AND SECTION 58-9-10, AS AMENDED; SECTION 58-9-230, AS AMENDED; SECTION 58-9-270; SECTION 58-9-280, AS AMENDED; SECTIONS 58-9-290 AND 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 58-9-340, 58-9-370, 58-9-380, 58-9-390, 58-9-510; SECTION 58-9-520, AS AMENDED; SECTIONS 58-9-540, 58-9-575, 58-9-576, 58-9-577, AND 58-9-585, ALL AS AMENDED; ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 58-9-1020, 58-9-1030, 58-9-1040, 58-9-1050, 58-9-1060, 58-9-1070, 58-9-1080, 58-9-1090, 58-9-1100, 58-9-1110, 58-9-1120, 58-9-1130, 58-9-1150, 58-9-1160, 58-9-1230, 58-9-1410, 58-9-1480, 58-9-1650, AND SECTION 58-9-2240, AS AMENDED; ARTICLE 21, CHAPTER 9, TITLE 58, AS AMENDED; SECTION 58-9-2620, AS AMENDED; SECTIONS 58-11-10 AND 58-11-30; SECTIONS 58-11-60, 58-11-70, BOTH AS AMENDED; SECTIONS 58-11-120, 58-11-160, 58-11-200, 58-11-220, 58-11-230, 58-11-240, 58-11-260, 58-11-410, 58-11-420, 58-11-430, 58-11-450, 58-11-460, 58-11-480, 58-11-490, 58-11-500, 58-11-510, 58-11-520, 58-11-530, 58-11-580, 58-11-600, 58-13-430, AND 58-15-1140; SECTIONS 58-15-940 AND 58-15-950, BOTH AS AMENDED; SECTIONS 58-15-960, 58-15-1520, 58-15-1700, 58-15-1710, 58-17-110, 58-17-140, 58-17-150, 58-17-170, 58-17-180, 58-17-190, 58-17-200, 58-17-320, 58-17-930, 58-17-940,

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

The following Bill was taken up:

S. 1238 (Word version) -- Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin, Cromer, Bryant, Ford and Scott: A BILL TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.

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

The following Joint Resolution was taken up:

H. 4977 (Word version) -- Reps. Cato, Sandifer, Cooper, Barfield, Mitchell, Anthony, Chellis, Delleney, Duncan, Edge, Harrison, Harvin, Jefferson, Jennings, Kennedy, Leach, Mahaffey, McCraw, Norman, Ott, Perry, Rice, Scott, Sinclair, F. N. Smith, J. E. Smith, W. D. Smith, Talley, Townsend, Tripp, Vick, Walker, White and Witherspoon: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 13, 2007 AT WHICH TIME IT IS DISSOLVED.

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

The following Bill was taken up:

H. 3996 (Word version) -- Reps. Cato, Chellis, Tripp, Scarborough and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS,

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

The following Bill was taken up:

H. 4633 (Word version) -- Reps. Bingham, Cato, Tripp, Chellis, Loftis and Bailey: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAY SELF-FUND WORKERS' COMPENSATION COVERAGE IS AUTHORIZED TO WRITE WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY; AND TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO INSURANCE OR PROOF OF FINANCIAL ABILITY TO PAY, SO AS TO AUTHORIZE A CAPTIVE INSURANCE COMPANY, WHICH MAY PAY DIRECTLY COMPENSATION, THE ABILITY TO WRITE WORKERS' COMPENSATION INSURANCE.

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

The following Bill was taken up:

H. 4889 (Word version) -- Reps. Bingham, Perry, Bales, G. Brown, Cato, Chellis, Dantzler, Ott, Sandifer, J. E. Smith, Thompson and Tripp: A BILL TO

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

The following Bill was taken up:

S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts, Sheheen, Alexander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS AND VULNERABLE ADULT FATALITIES; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF FACILITIES TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED, WITH THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS AND THE DEFINITION OF "INVESTIGATIVE ENTITY" TO INCLUDE THE SPECIAL INVESTIGATIONS UNIT IN THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO PROVIDE THAT THE SPECIAL INVESTIGATIONS

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

The following Bill was taken up:

S. 1163 (Word version) -- Senators Sheheen, Reese, Hutto and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE

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

The following Bill was taken up:

S. 1038 (Word version) -- Senators Martin, Gregory, Cleary, Knotts, Richardson, Ryberg, Mescher, Scott, Grooms, Elliott, Verdin and Williams: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 135, TO ENACT "THE ASBESTOS AND SILICA VICTIMS PROTECTION ACT OF 2006", TO PROVIDE THAT, EXCEPT FOR CLAIMS BASED ON MESOTHELIOMA, NO PERSON MAY BRING OR MAINTAIN AN ASBESTOS OR SILICA CLAIM WITHOUT FIRST MAKING A PRIMA FACIE SHOWING THAT A QUALIFIED PHYSICIAN HAS DIAGNOSED THE PERSON WITH AN ASBESTOS-RELATED OR SILICA-RELATED DISEASE BASED ON THE PHYSICIAN'S ANALYSIS OF A DETAILED OCCUPATIONAL AND EXPOSURE HISTORY OF THE PERSON AND AN ANALYSIS OF THE PERSON'S MEDICAL HISTORY, TO ESTABLISH CRITERIA FOR THE REQUIRED MEDICAL DOCUMENTATION OF THE EXPOSED PERSON'S PHYSICAL IMPAIRMENT, TO ESTABLISH THAT THE LIMITATIONS PERIOD FOR AN EXPOSED PERSON TO BRING AN ACTION DOES NOT BEGIN TO RUN UNTIL THE EXPOSED PERSON DISCOVERS, OR SHOULD HAVE DISCOVERED, HIS OR HER PHYSICAL IMPAIRMENT, TO LIMIT THE LIABILITY OF THE SELLER OF A PRODUCT THAT CONTAINS ASBESTOS OR SILICA WHERE THE SELLER IS NOT THE MANUFACTURER OF THE PRODUCT, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE SCOPE OR OPERATION OF ANY WORKER'S COMPENSATION LAW OR VETERANS' BENEFIT PROGRAM, AND TO ESTABLISH CERTAIN OTHER REQUIREMENTS TO FILE AND MAINTAIN AN ASBESTOS OR SILICA CLAIM.

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

The following Bill was taken up:

H. 3343 (Word version) -- Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G. Brown, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J. H. Neal, Ott, Rivers, Scarborough, J. E. Smith, W. D. Smith and Young: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

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

The following Joint Resolution was taken up:

H. 5085 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOILER SAFETY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3034, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

S. 776 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A PROPERTY TAX EXEMPTION FOR A MOTOR VEHICLE LICENSED AND REGISTERED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ANTIQUE MOTOR VEHICLE.

Rep. KIRSH asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. COOPER objected.

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

S. 1283 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE REDUCED STATE MARGINAL INDIVIDUAL INCOME TAX RATE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO MAKE THIS APPLICATION AT THE ELECTION OF THE TAXPAYER, TO PROVIDE A MINIMUM FIVE YEARS FOR THIS ELECTION, TO PROVIDE ADDITIONAL DEFINITIONS FOR THIS APPLICATION, AND TO PROVIDE A "SAFE HARBOR" AMOUNT IN DETERMINING THE NONPERSONAL SERVICE PORTION OF ACTIVE TRADE OR BUSINESS INCOME IN A PASS-THROUGH BUSINESS WITH GROSS INCOME OF LESS THAN ONE MILLION DOLLARS AND TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS.

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

H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.

Rep. WHITE moved to adjourn debate upon the Senate Amendments until Tuesday, May 9, which was agreed to.

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

H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Rep. COOPER moved to adjourn debate upon the Senate Amendments until Tuesday, May 9, which was agreed to.

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

H. 4810 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2006; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

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

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

H. 4913 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR THE RENTING OF HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT" FOR THIS PURPOSE; BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE

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

Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, May 9, which was adopted:

H. 4932 (Word version) -- Reps. Cotty and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 152 OF TITLE 59 SO AS TO PROVIDE FOR A FULL-DAY, FOUR-YEAR-OLD PREKINDERGARTEN PROGRAM FOR AT-RISK CHILDREN TO BE ADMINISTERED BY FIRST STEPS, TO PROVIDE FOR THE CURRICULUM, TO PROVIDE FOR THE COLLECTION OF DATA REGARDING THE PROGRAM, TO PROVIDE FOR AN EVALUATION FOR THE PROGRAM, AND TO PROVIDE THAT THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES SHALL PROMULGATE REGULATIONS; AND TO DESIGNATE SECTIONS 59-152-10 THROUGH 59-152-160 AS ARTICLE 1, FIRST STEPS.

Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, May 9, which was adopted:

S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Tuesday, May 9, which was adopted:

S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.

The following Bill was taken up:

H. 5057 (Word version) -- Reps. Ceips, Cato, Harrison, Cooper, Martin, Altman, Ott, Rivers, Sandifer, Scarborough and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO ENACT THE ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT, TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.

Rep. DAVENPORT moved to adjourn debate on the Bill until Tuesday, May 9.

Rep. SCARBOROUGH moved to table the motion, which was agreed to by a division vote of 33 to 25.

Rep. RICE spoke against the Bill.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Bailey
Ballentine             Bannister              Barfield
Bingham                Bowers                 Brady
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell

Harrison               Harvin                 Haskins
Herbkersman            Hinson                 Huggins
Jennings               Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McGee
McLeod                 Merrill                Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rivers
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Taylor                 Thompson
Townsend               Umphlett               Vaughn
Vick                   Walker                 White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Anderson               Anthony                Bales
Battle                 Branham                Frye
Hosey                  Howard                 Jefferson
Kennedy                McCraw                 Parks
Phillips               Rice                   Skelton
Talley                 Weeks                  Whipper

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

I voted against H. 5057 because I believe we are creating another burden on law-abiding small business owners in South Carolina without seeking a coordinated solution to the issues presented by illegal aliens in our State. While I support a system of verifying proper information from potential employees to employers in our State, I think more time and effort should be devoted to creating a long-term

Reps. Scott Talley and Rex Rice

On motion of Rep. CEIPS, with unanimous consent, it was ordered that H. 5057 (Word version) be read the third time tomorrow.

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

The following was received from the Senate:

Columbia, S.C., May 3, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3831:

H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
and asks for a Committee of Conference and has appointed Senators Martin, Sheheen and Campsen of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. TALLEY, RUTHERFORD and VIERS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 5101 (Word version) -- Rep. Norman: A HOUSE RESOLUTION TO HONOR AND COMMEND OFFICER TIMOTHY GREENE, OF YORK COUNTY, FOR HIS OUTSTANDING BRAVERY AND HEROISM IN PROTECTING SOUTH CAROLINIANS FROM ARMED AND DANGEROUS CRIMINALS AS A POLICE OFFICER, AND TO WISH HIM CONTINUED SUCCESS IN HIS LAW ENFORCEMENT CAREER.

The Resolution was adopted.

The following was taken up for immediate consideration:

S. 1385 (Word version) -- Senators Elliott, McGill, Land, Hutto, Matthews and Williams: A CONCURRENT RESOLUTION HONORING JOHNNY MAESTRO AND THE BROOKLYN BRIDGE AS THEY ARE RECOGNIZED FOR THEIR CONTRIBUTIONS TO POP MUSIC AND TO THE YOUTHFUL MEMORIES OF SEVERAL GENERATIONS OF SOUTH CAROLINIANS BY BEING INDUCTED AS NEW MEMBERS OF THE MUSIC HALL OF FAME IN MYRTLE BEACH, ON MAY 13, 2006, WHICH IS "JOHNNY MAESTRO AND THE BROOKLYN BRIDGE DAY" IN SOUTH CAROLINA.

Whereas, Johnny Maestro began his musical career in the 1950s with The Crests; and

Whereas, their No. 2 hit "Sixteen Candles" was played at any number of Sweet Sixteen birthday parties around this State, and is still a staple of Oldies radio; and

Whereas, several years of doo-wap later, Johnny Maestro went solo, then formed the Brooklyn Bridge from the ashes of two New York City regional rival groups; and

Whereas, by the end of the sixties, the Brooklyn Bridge had earned a top five hit with Jimmy Webb's "The Worst That Could Happen"; and

Whereas, the State of South Carolina is well known for its diverse culture of music, and is particularly noted for its Music Hall of Fame in Myrtle Beach, recognizing rock and roll, rhythm and blues, and beach music. Now, therefore,

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

That the members of the General Assembly honor Johnny Maestro and the Brooklyn Bridge as they are recognized for their contributions to pop music and to the youthful memories of generations of South Carolinians by being inducted as new members of the Music Hall of Fame in Myrtle Beach, on May 13, 2006, which is "Johnny Maestro and the Brooklyn Bridge Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Johnny Maestro.

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

The Senate sent to the House the following:

S. 1395 (Word version) -- Senators Campsen, Cleary, Ford, Grooms, McConnell, Pinckney and Scott: A CONCURRENT RESOLUTION TO CONGRATULATE CHARLESTON COUNTY'S ACADEMIC MAGNET HIGH SCHOOL ON BEING NAMED THE TENTH BEST HIGH SCHOOL BY NEWSWEEK MAGAZINE ON ITS 2006 LIST OF THE TOP ONE THOUSAND BEST HIGH SCHOOLS IN THE COUNTRY AND TO HONOR THE FACULTY AND STUDENTS FOR THEIR HARD WORK AND DEDICATION IN ACHIEVING ACADEMIC EXCELLENCE.

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

The Senate returned to the House with concurrence the following:

H. 5097 (Word version) -- Reps. Herbkersman, Cobb-Hunter, Merrill, Harrell, Bingham, Rivers, Bowers, Chalk, Hodges, Witherspoon, Hardwick, Harrison, Haley, McLeod, Bales, Brady, Ceips, Clark, Clemmons, Clyburn, Emory, Frye, Funderburk, Hosey, Huggins, Jefferson, J. M. Neal, Neilson, E. H. Pitts and Umphlett: A CONCURRENT RESOLUTION TO HONOR AND PAY TRIBUTE TO COACH JIM CARLEN OF BEAUFORT COUNTY FOR HIS OUTSTANDING CAREER AS A COLLEGE FOOTBALL COACH AND HIS SERVICE AS THE ATHLETIC DIRECTOR AND HEAD FOOTBALL COACH AT THE UNIVERSITY OF SOUTH CAROLINA.

H. 5098 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE THE COMMUNITY ROUNDTABLE OF IRMO, DUTCH FORK, AND CHAPIN FOR BEING NAMED "COALITION OF THE YEAR" BY THE COMMUNITY ANTI-DRUG COALITIONS OF AMERICA AND TO EXPRESS APPRECIATION FOR ALL THE COMMUNITY ROUNDTABLE DOES TO GUIDE AND ASSIST YOUNG SOUTH CAROLINIANS IN MAKING WISE PERSONAL CHOICES AND IN BECOMING RESPONSIBLE CITIZENS.

At 11:50 a.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Henry E. "Buddy" Beard, Jr., of Camden, to meet at 10:00 a.m. tomorrow.

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