South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Thursday, May 8, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 18:28: "You, O Lord, keep my lamp burning. My God turns my darkness into light."
Let us pray. Gracious God, fill us with Your spirit that we may serve You as we serve the people of this State. Give wisdom and vision to these women and men as they make decisions for the betterment of those whom we serve. Bless our nation and leaders to do the work they have been called to do. Protect our troops where they serve. Hear our prayer, O God. 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.

MOTION ADOPTED

Rep. TRIPP moved that when the House adjourns, it adjourn in memory of Gertrude White of Piedmont, which was agreed to.

REPORT RECEIVED

The following was received:

REPORT RECEIVED
JUDICIAL MERIT SELECTION COMMISSION

TO:       The Clerk of the Senate

The Clerk of the House
FROM:     Glenn F. McConnell, Chairman
DATE:     May 8, 2003

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

Respectfully submitted,

Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
John P. Freeman, Esquire
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator James H. Ritchie, Jr.
Judge Curtis G. Shaw
Representative Doug Smith
Representative Fletcher N. Smith, Jr.

Judicial Merit Selection Commission
Report of Candidate Qualifications

Date Draft Report Issued:   Thursday, May 8, 2003
Date and Time Final Report Issued:   12:00 Noon, Tuesday, May 13, 2003

Judicial candidates are not free to seek or accept commitments until Tuesday, May 13, 2003, at 12:00 noon

Introduction

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission operates under the law which went into effect July 1, 1997, and which dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.

The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started in 1997. The Commission has asked candidates their views on issues peculiar to service on the court to which they seek election. These questions were posed in an effort to provide members of the General Assembly with more information about candidates and the candidates' thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.
The Commission also used the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. Since the decisions of our judiciary play such an important role in people's personal and professional lives, the Commission believes that all South Carolinians should have a voice in the selection of the state's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These committees, composed of people from a broad range of experience (doctors, lawyers, teachers, businessmen, and advocates for varied organizations; members of these committees are also diverse in race, gender, and life experiences), were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its assigned area and also interviewed other individuals in that region who were familiar with the candidate either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on their assigned candidates based on the Commission's evaluative criteria. The Commission then used these reports as a tool for further investigation of the candidate if the committee's report so warranted. Summaries of these reports have also been included in the Commission's report for your review.
The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation; physical health; mental health; and judicial temperament. The Commission's investigation includes the following:
(1)   survey of the bench and bar;
(2)   SLED and FBI investigation;
(3)   credit investigation;
(4)   grievance investigation;
(5)   study of application materials;
(6)   verification of ethics compliance;
(7)   search of newspaper articles;
(8)   conflict of interest investigation;
(9)   court schedule study;
(10)   study of appellate record; and
(11)   investigation of complaints.

While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons of Conduct as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts. However, the Commission is not a forum for reviewing the individual decisions of the State's judicial system absent credible allegations of a candidate's violations of the Judicial Canons of Conduct, the Rules of Professional Conduct, or any of the Commission's nine evaluative criteria that would impact on a candidate's fitness for judicial service.
The Commission expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.

Routine questions related to compliance with Canons governing ethics and financial interests are now administered through a written questionnaire mailed to candidates and completed by them in advance of each candidate's staff interview. These issues are no longer automatically made a part of the public hearing process unless a concern or question was raised during the investigation of the candidate. The necessary public record of a candidate's pledge to uphold the canons, etc., is his completed and sworn questionnaire.
Written examinations of the candidates' knowledge of judicial practice and procedure were given at the time of candidate interviews with staff and graded on a "blind" basis by a panel of four persons designated by the Chairman. In assessing each candidate's performance on these practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.
This report is the culmination of weeks of investigatory work and public hearings. The Commission takes its responsibilities seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision.
This report conveys the Commission's findings as to the qualifications of all candidates currently offering for election to the Court of Appeals, Seat 3, and the Family Court for the Third Judicial Circuit, Seat 2.

Mary E. Buchan
Court of Appeals, Seat 3

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Buchan meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Buchan was born on September 26, 1952. She is 50 years old and a resident of Marion, South Carolina. Judge Buchan 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 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Buchan.
Judge Buchan 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 Buchan reported that she has not made any campaign expenditures.
Judge Buchan testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Buchan 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 Judge Buchan to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Buchan described her continuing legal or judicial education during the past five years as follows:
"Various Seminars offered through S.C. Bar Continuing Legal Education;
Scientific Evidence course, Reno, Nevada."
Judge Buchan reported that she has taught the following law-related courses:
"(a)   Family Court Judges Annual Meeting, Computers in the Courtroom;
(b)   Speaker, Horry County Bar Family Court Annual Seminar, 1993;
(c)   Judge, various state and one national High School Mock Trial Competitions;
(d)   Speaker and co-panelist, various state and local Guardian ad Litem training seminars;
(e)   Bridge the Gap, 1996, Handling Family Court Appointments;
(f)   Chief Judges' Seminar, 1997, Scheduling Problems and Conflicts;
(g)   Family Court Judges Annual Meeting, 1998, Race and Gender Sensitive Issues;
(h)   South Carolina Trial Lawyers Association, co-panelist, 1998, Valuation of a Professional Practice;
(i)   South Carolina Bar Winter Meeting, 1998, co-panelist, Joint Custody Considerations;
(j)   Family Court Judges Annual Meeting, 1999, Post-Trial Motions in Juvenile Hearings;
(k)   Children's Law Office, CLE, 2000, Handling Court Appointments in Family Court;
(l)   Family Court Judges Annual Meeting, 2000, general facilitator;
(m)   Tips From the Bench, III, CLE, 2002, Ethics in Family Court."
Judge Buchan reported that she has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Buchan did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Buchan did not indicate any evidence of a troubled financial status. Judge Buchan has handled her financial affairs responsibly.
The Commission also noted that Judge Buchan was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Judge Buchan reported that her last available Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Judge Buchan appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Buchan appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Buchan was admitted to the South Carolina Bar in 1980.
Judge Buchan provided the following account of her legal experience since graduation from law school:
"For a brief period after my graduation from law school, I continued to clerk for the Columbia law firm of Kennedy, Price, Kosko & Coffas.
From my admission to the bar until March 1982, I worked for Timothy G. Quinn in his Columbia office and managed his Marion office. Both his Columbia office and his Marion office engaged in the general practice of law.
In March 1982, I began practicing with Edward W. Whittington, Jr. in Mullins, South Carolina, as Whittington & Buchan, Attorneys. Although my practice dealt primarily with domestic matters, we were a general practice, and I also handled real estate, commercial, civil, criminal and probate matters."
Judge Buchan reported the frequency of her court appearances during the last five years prior to her election to the bench as follows:
"(a)   Federal:     only two cases;
(b)   State:       remaining cases."
Judge Buchan reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years prior to her election to the bench as follows:
"(a)   Civil:       14%;
(b)   Criminal:     1%;
(c)   Domestic:   85%."
Judge Buchan reported the percentage of her practice in trial court during the last five years prior to her election to the bench as follows:
"(a)   Jury:       less than one-half a percentage point;
(b)   Non-jury:   remainder."
Judge Buchan provided that she most often served as sole counsel prior to election to the bench.
The following is Judge Buchan's account of her five most significant litigated matters:
"(a)   Prevatte v. Prevatte, 297 S.C. 345, 377 S.E.2d 114 (Ct. App. 1989): This case was handled from inception through an appellate remand and subsequent appeal. The issues included novel issues regarding common-law marriage, circumstantial proof necessary for a fault-ground divorce and alimony.
(b)   Marion County DSS v. Rowell. I was appointed counsel in this action for termination of the parental rights of a parent with limited intelligence. It is significant to me because the parent retained her parental rights and received substantial assistance to improve her living and parental skills.
(c)   Turner v. Turner. This case was important and difficult because my client suffered from residual difficulties and disabilities from a closed-head injury. Preparation and presentation was difficult and stressful because of the importance that she receive alimony and a fair share of the assets.
(d)   Riad v. Diamond. I was appointed as the Guardian ad Litem by the judge in a neighboring county for three children who were the subject of a custody action between extended family members. The children's mother had been killed by the father, who was incarcerated.
(e)   Rabon v. Southern Bell Telephone and Telegraph, et al. This action was a wrongful death action in federal court where the Plaintiff's son had died when his dirt bike hit a guide wire. The case settled before trial."
The following is Judge Buchan's account of civil appeals she has personally handled:
"(a)   Prevatte v. Prevatte, 87-MO-08 (Ct. App. 1987);
(b)   Prevatte v. Prevatte, 297 S.C. 345, 277 S.E.2d 114 (Ct. App. 1989)."
Judge Buchan further reported regarding prior judicial service: "I have been a Family Court judge since May 1992. I was first appointed and then elected later the same month. Family Courts are of limited jurisdiction as set forth by statute. Our jurisdiction is with matters of divorce, separate support and maintenance, support and property issues incidental to the marriage relationship, child custody and visitation, child support, abuse and neglect of children and vulnerable adults, juveniles, minor abortions, name changes, and domestic violence."
Judge Buchan provided the following list of significant orders:
"(a)   Poston v. Poston, 331 S.C. 106, 502 S.E.2d 86 (1998);
(b)   Dixon v. Dixon, 336 S.C. 260, 519 S.E.2d 357 (Ct. App. 1999);
(c)   Holloran v. Holloran, 98-UP-533, filed November 30, 1998. This case continues to have significance because Mr. Holloran continues to be so very unhappy with the result.
(d)   Eisenmann v. Eisenmann. This case remains one of the most significant cases I have heard because it remains the most tragic. Two professionals were involved in a contested divorce and custody action after one of them was involved in a horrible automobile accident which left that party with significant residual disabilities. The injured party's family members got involved, with the divorce and custody action resulting. Both of the parties and their children suffered immeasurably.
(e)   Jane Doe and John Doe v. SCDSS. Fictitious names are used because this is an adoption case. The child adopted first came before the Court in a removal case against the biological mother for abuse and neglect. At that time, the child had such severe physical disabilities and developmental delays that medical experts felt she would not live past her first birthday. I heard most of the DSS abuse and neglect cases and was very familiar with the child's condition. In another county, this case was set before me as an adoption. I recognized the child's name. The love and faith and goodness of the Plaintiffs had truly transformed the child and that child's prognosis. The case is significant because it is one of the few with a truly happy ending in Family Court."
Regarding unsuccessful candidacies, Judge Buchan reported: "I was unsuccessful in my bid for the Court of Appeals, Seat 3, in 1999. Although I was found qualified by the Commission, I was not nominated. In 2002, I was unsuccessful in my bid for the Court of Appeals, Seat 6. Again, I was found qualified but was not nominated."
(9)   Judicial Temperament:
The Commission believes that Judge Buchan's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
Jara Uzenda Gobbi, a pro se litigant, in an affidavit alleged three complaints against Judge Buchan arising out of her separation/divorce action. The three complaints, in sum, alleged five issues involving Judge Buchan as follows: 1) Judge Buchan improperly went forward on a motion to "unconsolidate" cases filed by her and her former husband (after counsel for her former husband made such a motion) on grounds that she was not given notice of the motion to un-consolidate the two cases; 2) Judge Buchan had an affirmative duty to turn Mr. Gobbi over to the police and have him arrested for adultery; 3) Judge Buchan improperly failed to grant her motion to reconsider as she should have considered evidence as well as retained that evidence in the court's file of a cassette tape and transcript of that tape of Mr. Gobbi's plan to intentionally force eight houses (which had been jointly owned) into foreclosure; 4) she was not served with an order from Justice Toal stating Judge Buchan was to preside over all matters involving her husband and her; and 5) Judge Buchan failed to rule on Ms. Gobbi's motion for recusal.
Judge Buchan sought permission of the Supreme Court to comment. Prior to the hearing, Justice Toal removed Judge Buchan from hearing Ms. Gobbi's case in order to allow Judge Buchan to testify. The Commission examined the complaint and heard testimony concerning the allegations. The Commission found no evidence of misconduct by Judge Buchan and that the allegations in the complaint were groundless.
The Pee Dee Citizens Advisory Committee reported: "Judge Buchan is qualified for election to the position of Judge of the South Carolina Court of Appeals, Seat 3. As a result of its investigation of and previous interview with Judge Buchan, the Committee recommends this candidate without reservation."
Judge Buchan is married to Ernest McCray Graham, Jr. She has three children: David McCray Graham (step-son), age 32; Rebecca Earl Graham (step-daughter), age 28; and Martha Alison Graham, age 16.
Judge Buchan reported that she was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association;
(b)   National Council of Juvenile and Family Court Judges;
(c)   Family Court Judges Association;
(d)   South Carolina Women Lawyers Association."
Judge Buchan provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Marion Presbyterian Church: former deacon and elder; presently Sunday school teacher; Endowment;
(b)   Friends of the Marion County Museum;
(c)   Pee Dee Academy Parent Teacher Association."
Judge Buchan further provided:
"I have both the ability and the desire to perform as an appellate judge. I am blessed with a logical mind and common sense. The requisite reading would be a joy, as would dealing with all areas of the law. I have had no contact with juries since becoming a Family Court judge almost eleven years ago, but I believe that I could bring myself up to speed on any jury issues."
The Commission found Judge Buchan to be very astute, of excellent judicial temperament, and with substantial experience on the Family Court bench. The Commission was very impressed by Judge Buchan's patient response to the complainant during the hearing process. Judge Buchan enjoys considerable and widespread respect within the legal community.

John C. Hayes III
Court of Appeals, Seat 3
Commission's Findings: QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Hayes meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Hayes was born on October 18, 1945. He is 57 years old and a resident of York, South Carolina. Judge Hayes provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Hayes.
Judge Hayes 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 Hayes reported that he has made $191.13 in campaign expenditures for Mail Right $83.40, postage $62.53, and Office Depot $45.20.
Judge Hayes testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Hayes testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Judge Hayes to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Hayes described his continuing legal or judicial education during the past five years as follows:
"Over the past five years I have attended annually the S.C. Bar's January Criminal Law Seminar. In May of each year, I have participated in the Circuit Court Judges Conference and in August of each year the Supreme Court's Annual Judicial Conference." His specific continuing legal and judicial education courses are as follows:
01-09-98   Seminar of Circuit & Family Ct Judges for Administrative Purposes (5.25);
01-09-98   1997: That Was the Year That Was (4.00);
08-20-98   Judicial Conference (8.25);
09-27-98   1998 Solicitors Association Conference (14.75);
04-13-98   Circuit Court Judges Association Meeting (6.00);
01-22-99   14th Annual Criminal Law Update (7.00);
01-08-99   That Was The Year That Was (6.50);
05-12-99   Circuit Court Judges Meeting (6.00);
08-16-00   Annual Judicial Conference (7.75);
05-10-00   Circuit Court Judges Meeting (6.50);
01-21-00   15th Annual Criminal Law Update (6.00);
01-26-00   Criminal Law Update (6.00);
01-26-01   Criminal Law Update (6.00);
05-09-01   SC Circuit Ct Judges Conference (7.50);
08-23-01   Judicial Conference (8.25);
01-25-02   17th Annual Criminal Law Update (6.00);
05-08-02   Circuit Court Judges Annual Conference (7.00);
08-22-02   Judicial Conference (8.00);
09-29-02   2002 Solicitors Association Conference (14.50).
Judge Hayes reported the following regarding law-related courses he has taught: "I have been on programs for the Solicitors Association, the South Carolina Trial Lawyers Association, and the South Carolina Bar's CLE Division."
Judge Hayes reported that he has published the following:
"(a)   Mail Fraud - 22 SCLR 434 (1970);
(b)   Torts - IntraFamily Immunity 21 SCLR 813 (1969)."
(4)   Character:
The Commission's investigation of Judge Hayes did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Hayes did not indicate any evidence of a troubled financial status. Judge Hayes has handled his financial affairs responsibly.
The Commission also noted that Judge Hayes was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Hayes reported that his last available Martindale-Hubbell rating was "BV."
Judge Hayes reported his military service as follows:
"U.S. Army, 1968-1974, Honorably Discharged, NCO of the Year (1973)."
Regarding public offices held, Judge Hayes reported:
"Solicitor, City of Rock Hill, appointed (approx. 1 year);
South Carolina House of Representatives, 1980-1984, elected;
South Carolina Senate, 1984-1991-Elected;
South Carolina Coastal Council (Fifth Congressional District), 1980, Elected."
(6)   Physical Health:
Judge Hayes appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Hayes appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Hayes was admitted to the South Carolina Bar in 1971.
Judge Hayes gave the following account of his legal experience since graduation from law school:
"1971-1972   Law Clerk for Chief Justice Joseph R. Moss;
1972-1991   Hayes, Brunson, and Gatlin, General Practice;
My practice was primarily civil litigation. I also, throughout my practice, handled workers' compensation cases, social security disability cases, simple wills, and some estates. I have also handled real estate transactions including title searches and loan closings."
Judge Hayes reported the frequency of his court appearances during the last five years prior to his election to the bench as follows:
"(a)   Federal:   one to two cases a year;
(b)   State:       I had an active trial practice and was in Common Pleas court regularly."
Judge Hayes reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years prior to his election to the bench as follows:
"(a)   Civil:       85% (the other 15% was administrative and governmental)."
Judge Hayes reported the percentage of his practice in trial court during the last five years prior to his election to the bench as follows:
"(a)   Jury:       45%;
(b)   Non-jury:   20%."
Judge Hayes reported that he most often served as sole counsel prior to his election to the bench.
The following is Judge Hayes' account of his five most significant litigated matters:
"(a)   Duncan v. York County, 267 S.C. 327, 228 S.E.2d 92 (1976). The suit challenged the constitutionality of the Home Rule Act. I represented Plaintiff in the Original Jurisdiction of the Supreme Court.
(b)   Eckerd v. Carpenter Decorating, U.S. District Court. This was a fire damage case where the ultimate damages exceeded 2 million dollars. I represented Carpenter Decorating. A verdict was returned by the jury in favor of Carpenter Decorating Company.
(c)   Belk v. Doe, Lancaster County Court of Common Pleas. This was a Tort case against an unknown uninsured motorist. I defended John Doe. The jury returned a verdict for Defendant.
(d)   State v. Littlejohn, York County Court of Common Pleas. This was a murder case. I defended Littlejohn, who was found guilty and sentenced to Life Imprisonment.
(e)   Bothelo v. Bycura, 282 S.C. 578, 320 S.E.2d 59 (Ct. App. 1984). This case established the requirement that a chiropractic expert must testify to the standard of care required of a chiropractor. (Now overturned)."
The following is Judge Hayes' account of civil appeals he has personally handled:
"(a)   Russell v. Ashe Brick Co., 267 S.C. 640, 230 S.E.2d 814 (1976). Novel issue of law;
(b)   Laney v. Hefley, 262 S.C. 54, 202 S.E.2d 12 (1974);
(c)   Giles v. Parker, Opinion No. 1621, S.C. Court of Appeals, February 4, 1991;
(d)   Belk v. Nationwide Mutual Insurance Company, 271 S.C. 24, 244 S.E.2d 744 (1978). Novel issue of law;
(e)   Stroud v. Stroud, 299 S.C. 394, 385 S.E.2d 744 (Ct. App. 1989)."
The following are criminal appeals handled personally by Judge Hayes:
"(a)   State v. Washington, Memorandum Opinion 77-98, S.C. Supreme Court, September 1, 1977, Numerous issues, unusual nature of client;
(b)   State v. Deese, 266 S.C. 543, 225 S.E.2d 175 (1976);
(c)   State v. Fields, 264 S.C. 260, 214 S.E.2d 320 (1974)."
Judge Hayes reported the following regarding prior judicial service:
"Circuit Court Judge, South Carolina, 1991 to present, a court of general jurisdiction."
Judge Hayes gave the following account of his most significant orders:
"(a)   Burbach v. Investors Management Corp., 326 S.C. 492, 484 S.E.2d 119 (Ct. App. 1997);
(b)   Glaze v. Grooms, 324 S.C. 249, 478 S.E.2d 841 (1996);
(c) Blanket order and summary judgment orders in Greenville County asbestos cases set for November 2001. (Total: over 200);
(d) Keith L. Simpson v. State, 97-CP-42-1911, unreported;
(e)   State v. Thurman O'Neil Smith, 2002-GS-46-2525 and 2526, unreported."
(9)   Judicial Temperament:
The Commission believes that Judge Hayes' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Advisory Committee reported: "Judge Hayes is held in high regard in the community by attorneys as well as other citizens. His district is one of the best circuit court systems in the State and has one of the lowest backlogs." The Piedmont Citizens Advisory Committee found "Judge Hayes to be eminently qualified for the position on the Court of Appeals."
Judge Hayes is married to Sarah Lynn Hayes. He has six children: John Calvin Hayes IV, age 31; Mary Scott McLaurin, age 29; Frances Green Hayes, age 27; Matthew Bowen Nance, age 26; Jessica Dorsey Nance, age 24; and Albert Tyler Nance, age 22.
Judge Hayes provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   S.C. Bar;
(b)   American Bar Association, Judicial Division."
The Commission was favorably impressed with Judge Hayes' balanced judicial temperament, dignity, and great intellect. The Commission commented that Judge Hayes is noted for his insightfulness as well as his thorough preparation and review of the cases that come before him.

John W. Kittredge
Court of Appeals, Seat 3
Commission's Findings: QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Kittredge meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Kittredge was born on September 28, 1956. He is 46 years old and a resident of Greenville, South Carolina. Judge Kittredge 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 1982.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Kittredge.
Judge Kittredge 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 Kittredge reported that he has made $70.23 in campaign expenditures for postage $62.90; paper $2.04; envelopes $4.06; large envelopes 72; and 1 disk 51.
Judge Kittredge testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Kittredge testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Judge Kittredge to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Kittredge described his continuing legal or judicial education during the past five years as follows:
"I have regularly earned more than the minimum required JCLE hours. I have been a teacher/participant in many CLEs/JCLEs. In family court, I was for several years responsible for the program and/or a presenter at the annual judges' conference. Similarly, I organized and/or presented at the circuit judges' annual conference for the past several years. I have also been a speaker at the Annual Judicial Conference. I am a regular presenter at the Greenville Bar's annual CLE. I have also attended courses sponsored by the National Judicial College. I apologize for not having a complete list of all CLEs/JCLEs in which I have participated. There have been many occasions which I have attended a conference or continuing legal education program for the purpose of my presentation only. Under those circumstances, I certainly did not seek credit for JCLE/CLE hours. The following information comes from the annual judicial report of JCLE compliance.
Jan. 24, 1997   12th Annual Criminal Law Update;
Mar. 06, 1997   Governor's Conference on Youth Crime;
May 14, 1997   Circuit Judges' Spring Conference;
June 27, 1997   Seminar of Chief Judges for Circuit and Family Court;
Aug. 21, 1997   Annual Judicial Conference;
Jan. 09, 1998   Seminar of Circuit and Family Court Judges for Administrative Purposes;
Jan. 23, 1998   13th Annual Criminal Law Update;
May 13, 1998   Circuit Court Judges' Association Meeting;
Aug. 20, 1998   Annual Judicial Conference;
Jan. 22, 1999   14th Annual Criminal Update;
May 12, 1999   Circuit Court Judges' Association Meeting;
Aug. 19, 1999   Annual Judicial Conference;
Jan. 21, 2000   15th Annual Criminal Law Update;
May 10, 2000   Circuit Judges' Association Meeting;
Aug. 16, 2000   Annual Judicial Conference;
Jan. 26, 2001   16th Annual Criminal Law Update;
May 09, 2001   Circuit Judges' Association Conference;
Aug. 23, 2001   Annual Judicial Conference;
Jan. 25, 2002   17th Annual Criminal Law Update;
May 08, 2002   Circuit Judges' Association Conference;
Aug. 22, 2002   Annual Judicial Conference;
For the above years, I earned 143 hours of JCLE credit. This far exceeds the minimum requirement of 90 hours for this time period. Moreover, this does not include the many conferences for which I was a speaker/presenter and no continuing legal education credit hours were sought."
Judge Kittredge reported the following regarding law-related courses that he has taught: "Please see my response to #10 above. I have also spoken to schoolchildren, including middle and high school students. I have further spoken to college level students. I have lectured to law enforcement officers on a myriad of legal issues, such as search and seizure. I am frequently asked to speak to groups. I simply have not kept records of each occasion."
Judge Kittredge reported that he has published the following:
"(a)   Around 1978, I wrote a paper entitled The Inevitability of Police Discretion, which was published in the South Carolina Law Enforcement Officers Association magazine.
(b)   An article on juvenile justice was published in the Greenville News in December 1992.
(c)   I have also written an article on Judicial Activism, but it has not been published."
(4)   Character:
The Commission's investigation of Judge Kittredge did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Kittredge did not indicate any evidence of a troubled financial status. Judge Kittredge has handled his financial affairs responsibly.
The Commission also noted that Judge Kittredge was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Kittredge reported that his last available Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Judge Kittredge appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Kittredge appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Kittredge was admitted to the South Carolina Bar in 1982.
Judge Kittredge gave the following account of his legal experience since graduation from law school:
"I served as law clerk to the Honorable William W. Wilkins, Jr., then United States District Judge, from August 1982 through 1984.
From September 1984 until July 1991, I worked at the law firm of Wilkins, Nelson and Kittredge. I had a litigation practice.
I also worked as a part-time assistant solicitor from 1984 until mid-1985, and then again for several months in 1986 to try several cases at the request of the Solicitor. As an assistant solicitor, I prosecuted many criminal cases.
I was elected by the General Assembly to the family court bench in 1991. In 1996, I was elected by the General Assembly to the circuit court bench."
Judge Kittredge reported the frequency of his court appearances during the last five years prior to his election to the bench as follows:
"(a)   Federal:     approximately twice annually;
(b)   State:       weekly."
Judge Kittredge reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years prior to his election to the bench as follows:
"(a)   Civil:       Approximately 30%;
(b)   Criminal:     Approximately 5%;
(c)   Domestic:   Approximately 65%."
Judge Kittredge reported the percentage of his practice in trial court during the last five years prior to his election to the bench as follows:
"(a)   Jury:       Approximately 10%;
(b)   Non-jury:   Approximately 90%."
Judge Kittredge provided that he most often served as sole or lead counsel in the majority of the cases prior to his election to the bench. He was associate counsel in approximately 25% of the cases.
The following is Judge Kittredge's account of his five most significant litigated matters:
"(a)   State v. Floyd McDuffie, (approximately 1985 Greenville County General Sessions Court). I prosecuted many cases as an Assistant Solicitor, and this case was significant to me. It involved a highly publicized robbery and murder. Interesting legal questions arose during the trial. The defendant was convicted of armed robbery and manslaughter and sentenced to jail.
(b)   State v. Donnie Robinson, (approximately 1985 Greenville County General Sessions Court). As an Assistant Solicitor, I prosecuted this defendant for armed robbery and kidnapping. This was a highly publicized case in which the defendant kidnapped the victim at gunpoint in the parking lot of Haywood Mall. He then forced her to withdraw money from her bank account. The victim escaped from the defendant. Defendant denied the charges. The jury convicted defendant on all counts and he received a life term.
(c)   Stogner v. City of Mauldin, 84-CP-23-680. Plaintiff filed a myriad of claims against the City of Mauldin, including a claim under 42 USC Section 1983. Plaintiff challenged the zoning ordinance of the city of Mauldin. I, along with my law partner, defended the City of Mauldin. The case was tried to a jury. Judgment for the City of Mauldin at the close of evidence.
(d)   Collins Music v. Terry, et al., 87-CP-23-2982. I represented Plaintiff in this Common Pleas action. This case received substantial publicity. Plaintiff alleged breech of contract, tortious interference with contractual relations and unfair trade practices. Plaintiff prevailed; judgment was entered in favor of Plaintiff in the approximate amount of $18,000 actual damages and $100,000 punitive damages. The case was appealed and affirmed by the Court of Appeals (303 S.C. 358, 400 S.E.2d 783 (Ct. App. 1991)). I handled the appeal, too.
(e)   First Baptist Church of Mauldin v. City of Mauldin, 90-CP-23-955. I represented the First Baptist Church of Mauldin on a pro bono basis, in its petition to close a road on its property. The closing of the road was necessary to enable the church to expand its facility to accommodate its growing membership. This was far more than a 'road closing' case. For political reasons, the church's petition was adamantly challenged by the City of Mauldin. Significant publicity surrounded the case and trial. Following a lengthy trial, judgment was entered in favor of the church closing the road. The lower court's decision was appealed by the City of Mauldin. I was elected to the Family Court Bench during the appeal. The Supreme Court unanimously affirmed the trial court, 308 S.C. 226, 417 S.E.2d 592 (1992)."
The following is Judge Kittredge's account of civil appeals he has personally handled:
"(a)   Collins Music v. Terry, 303 S.C. 358, 400 S.E.2d 783 (Ct. App. 1991);
(b)   S.C. Tax Commission v. S.C. Tax Board of Review, 305 S.C. 183, 407 S.E.2d 627 (1991) (I did not write the brief; I only argued the case before the Supreme Court);
(c)   Watson v. Watson, 291 S.C. 13, 351 S.E.2d 883 (Ct. App. 1986);
(d)   Burns v. Burns, 293 S.C. 1, 358 S.E.2d 168 (Ct. App. 1987);
(e)   Lineberger v. Lineberger, 303 S.C. 248, 399 S.E.2d 786 (Ct. App. 1990);
(f)   Bible v. Bible, 89-MO-320 (S.C. Sup. Ct. filed Dec. 15, 1989)."
Judge Kittredge further stated, "I have never handled a criminal appeal as a lawyer."
Regarding prior judicial service, Judge Kittredge reported:
"I was elected by the General Assembly to the family court bench on May 8, 1991, and reelected in May 1995. The family court is a court of limited jurisdiction; it is a statutory court. In 1996, I was elected to an at-large circuit court judgeship (seat 11). In 1998, I was elected to a resident circuit court judgeship (13th Circuit, Seat 4) and have served continuously since. The circuit court is South Carolina's general jurisdiction court, civil and criminal. It is as constitutional court."
Judge Kittredge reported the following most significant orders:
"In the approximate 12 years on the South Carolina trial bench, I have heard thousands of cases. To each litigant who has ever appeared in my court, that case was significant to them. Beyond my service as a trial judge, I have had the privilege of sitting on the South Carolina Supreme Court on many occasions. Moreover, the South Carolina Supreme Court appointed me to serve on the Court of Appeals in an en banc proceeding. The following represents a sample of my circuit court and appellate court experiences.
(a)   Murphy v. Owens-Corning, 346 S.C. 37, 550 S.C.2d 589 (Ct. App. 2001). I was appointed to the court of appeals en banc. The case involved an exception to the final judgment rule, thus permitting appeal of an interlocutory order since it affected a substantial right and struck part of a pleading. The gravamen of the appeal dealt with the applicability of the "door closing statute" in an asbestos induced injury. I wrote the opinion reversing the original panel decision. I believe the South Carolina Supreme Court has grant certiorari.
(b)   Simpson Enterprises v. Hanahan, 93-CP-23-1910. Declaratory judgment action regarding stock valuation, redemption rights, etc. I wrote the order setting the value of Defendant's stock in question and awarded Plaintiff damages pursuant to its counterclaim. The order and judgment were affirmed by the court of appeals in an unpublished opinion. Simpson v. Hanahan, Op. No. 99-up-651 (filed December 16, 1999). The South Carolina Supreme Court denied Defendant's request for a writ of certiorari.
(c)   Ray v. Catoe, 99-CP-42-662. This was a complex capital post-conviction relief case. Following a week-long hearing, I wrote an order granting the Application in part. The State sought a writ of certiorari from the South Carolina Supreme Court. The Supreme Court denied cert., thereby upholding my order, and the matter has been remanded for a new sentencing hearing.
(d)   Garris v. The Governing Board of The South Carolina Reinsurance Facility, 94-CP-40-4658. This was a complex matter involving a state agency and multiple constitutional issues. Following a lengthy hearing I issued an order addressing all issues. Because of the significant constitutional issues involved, the appeal went directly to the South Carolina Supreme Court. 333 S.C. 432, 511 S.E.2d 48 (1998).
(e)   State v. Freddie Eugene Owens, 98-GS-23-5220. This was a death penalty case. The original sentence of death was vacated by the South Carolina Supreme Court, and the matter of sentencing was remanded to the circuit court. The Supreme Court assigned the resentencing to me. Defendant subsequently waived his right to a jury trial. Following the sentencing hearing, I issued an order setting forth the aggravating and mitigating circumstances, and imposed sentence.
(f)   Elliott Hatton v. State, 99-CP-23-3410. This was a post-conviction relief case. The case involved a challenge to the jurisdiction of the trial court due to an alleged variance between the indictment and proof at trial. I issued an order denying the post-conviction relief application. The Applicant is now seeking a writ of certiorari from the South Carolina Supreme Court.
(g)   Liberty Corporation v. GAMCO Investors, 2000-CP-23-6838. This was a complex declaratory judgment action involving the Dissenter's Rights Statute, S.C. Code Ann. Section 33-13-101, et seq. Following cross motions for summary judgment, I issued an order finding the purported "dissents" did not comply with the statute and were improper."
(9)   Judicial Temperament:
The Commission believes that Judge Kittredge's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Advisory Committee reported: "Judge Kittredge is a well-liked, highly-respected jurist who is admired for his intellect and judicial skills." They found Judge Kittredge to be "extremely well-qualified to serve on the Court of Appeals."
Judge Kittredge is married to Lila Graham Hewell. He has three children: Lila M. Kittredge, age 18; John W. Kittredge, Jr., age 15; and Zay Jeffries Kittredge II, age 15.
Judge Kittredge reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar 1982-present;
(b)   Greenville County Bar 1982-present."
Judge Kittredge reported that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   First Presbyterian Church of Greenville; Sunday School officer;
(b)   Greenville Saltwater Sportfishing Group;
(c)   Greenville Country Club;
(d)   Child Evangelism Fellowship."
Judge Kittredge further provided:

"The Court of Appeals offers a tremendous opportunity for service. I have enjoyed and benefited from my many years of service as a circuit court and family court judge. If I am unsuccessful in my bid for the Court of Appeals, I will continue to enjoy my service as a circuit court judge.

Beyond my educational background, which includes summa cum laude, (undergraduate), Phi Beta Kappa, Order of Wig and Robe, Order of the Coif, etc., I respectfully request the Commission consider my many years of service on the South Carolina trial bench.

I have: (1) served as chief administrative judge on numerous occasions in family and circuit court; (2) formed Bench/Bar committees in family and circuit court to facilitate productive and positive communication between judges and practicing attorneys on matters affecting the court; (3) assembled and participated in the committee which resulted in the implementation of the successful Alternate Dispute Resolution Program in Greenville County; (4) been assigned and tried many complex cases, including medical malpractice, products liability, constitutional challenges to state statutes, etc.; (5) been responsible for the organization, scheduling and presentation of many JCLEs at family court and circuit court conferences; (6) been assigned numerous death penalty cases by the Supreme Court, including death penalty post-conviction relief; (7) served on numerous occasions as an acting associate justice of the Supreme Court, most recently in November of 2002 and February of 2003; (8) served as an acting associate judge on the Court of Appeals in an en banc hearing in which I authored the majority opinion; and (9) been appointed many times by the Supreme Court as a special referee in matters in the Supreme Court's original jurisdiction and in all such cases the Supreme Court has unanimously adopted my Report and Recommendation in published opinions.

I believe my experience has equipped me to serve on the Court of Appeals. I have, through the years, increasingly prepared more of my orders without input from the prevailing attorney. I enjoy legal analysis, research and writing. I am no stranger to hard work. I am prepared for the Court of Appeals."

The Commission was very impressed with Judge Kittredge's outstanding reputation in the community and as a jurist on the Circuit Court bench. The Commission noted his great intellect, fair-mindedness to litigants and parties, as well as his diligence in discharging his responsibilities as a judge.

Alison Renee Lee
Court of Appeals, Seat 3

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Lee meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Lee was born on September 17, 1958. She is 44 years old and a resident of Columbia, South Carolina. Judge Lee provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Lee.
Judge Lee demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Lee reported that she has not made any campaign expenditures.
Judge Lee testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Lee testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Judge Lee to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Lee described her continuing legal or judicial education during the past five years as follows:
"1998 - carried over credits from 1997:

Rules, Rules, Rules: S.C. Rules of Civil Procedure (3.0);

South Carolina Woman Advocate (4.25) - April;

Employment and Labor Law (3.0);

Ethics Seminar (3.0).
1999 - carried over credits from 1998:

Annual Criminal Law Update (7.0) - January;

Circuit Judges Orientation School (17.25) - June;

S.C. Judicial Conference (7.25) - August;

S.C. Circuit Judges Conference (6.0) - May.
2000 - carried over credits from 1999:

National Judicial College, General Jurisdiction (58.08) - April;

Annual Criminal Law Update (6.0) - January;

S.C. Circuit Judges Conference (6.5) - May;

S.C. Judicial Conference (7.75) - August.
2001 - carried over credits from 2000:

Annual Criminal Law Update (6.0) - January;

S.C. Circuit Judges Conference (7.5) - May;

S.C. Judicial Conference (8.25) - August.
2002 - carried over credits from 2001:

Annual Criminal Law Update (6.0) - January;

S.C. Circuit Judges Conference (7.5) - May;

S.C. Judicial Conference (8.25) - August."
Judge Lee reported that she has taught the following law-related courses:
"(a)   JCLE - Basic Elements of Proof in the Family Court (August 1985). Topic: Settling the Family Court Record on Appeal.
(b)   Basic Federal Court Practice (September 1985). Topic: Pretrial Orders, Sanctions & Local Rules.
(c)   Bridge the Gap (May 1996, March 1997, May 1997, March 1998, May 1998). Topic: Practice Tips for the Administrative Law Judge Division.
(d)   1996 That Was the Year That Was (January 1997). Topic: 1996 Update for the Administrative Law Judge Division.
(e)   Rules, Rules, Rules: S.C. Practice & Procedure Update (March 1998). Topic: Rules of the Administrative Law Judge Division.
(f)   South Carolina Woman Advocate: Moving into the Millennium (May 1998).
(g)   Tips from the Bench (December 2002). Topics: Ethics - Circuit Court."
Judge Lee reported that she has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Lee did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Lee did not indicate any evidence of a troubled financial status. Judge Lee has handled her financial affairs responsibly.
The Commission also noted that Judge Lee was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Judge Lee reported that she is not rated by Martindale-Hubbell.
(6)   Physical Health:
Judge Lee appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Lee appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Lee was admitted to the South Carolina Bar in 1984.
Judge Lee reported the following legal experience since graduation from law school:
"1982-83   Law Clerk, Honorable Israel M. Augustine, Jr., Louisiana Fourth Circuit Court of Appeals.
1983-84   Law Clerk, Honorable C. Tolbert Goolsby, Jr., S.C. Court of Appeals.
1984-89   Associate, McNair Law Firm, P.A., primarily litigation in contract or consumer related issues. Last two years of practice consisted of labor and employment related litigation.
1989-94   Staff Counsel, S.C. Legislative Council, drafting legislation and amendments for members of the General Assembly in the areas of transportation, crime, corrections and prisons, and education.
1994-99   Administrative Law Judge presiding over administrative hearing relating to insurance, environmental permitting, alcoholic beverages, wages, taxes, video poker, bingo, appeals from occupational licensing boards, and hearings on regulations promulgated by certain state agencies.
1999-present.   Circuit Court Judge. Court of general jurisdiction in criminal and civil matters. Appellate jurisdiction over municipal, magistrate cases as well as administrative agencies and boards or commissions."
Judge Lee reported the frequency of her court appearances during the last five years prior to her election to the bench as follows:
"(a)   Federal:   90% of the cases I handles in private practice were in federal court (1984-89);
(b)   State:     10% of the cases I handled in private practice were in state court (1984-89)."
Judge Lee reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years prior to her election to the bench as follows:
"(a)   Civil:       80%; (1984-89)
(b)   Criminal:     20%; (1984-89)
(c)   Domestic:   handled 2-3 court appointed cases between 1984 and 1989."
Judge Lee reported the percentage of her practice in trial court during the last five years prior to her election to the bench as follows:
"(a)   Jury:       10%; a majority of cases were resolved on motions or through settlement. (1984-89)
(b)   Non-jury:   no response."
Judge Lee provided that she most often served as associate counsel on cases that were actually tried prior to her election to the bench.
The following is Judge Lee's account of her five most significant litigated matters:
"(a)   Atkinson v. Citicorp Acceptance Co., (Federal district court). Case decided on summary judgment motion involving the Fair Debt Collection Act, then a new federal statute.
(b)   McClain v. Westinghouse, (Federal district court). Employment law case involving sex discrimination, sex harassment, equal pay, as well as other employment claims. Case decided on summary judgment.
(c)   State of South Carolina v. Norris Stroman, (state criminal case). Defendant (with limited intelligence) charged with murder and allegedly confessed. Jury acquitted.
(d)   Valerie Smith v. Kroger, (Federal district court). Either a slander or malicious prosecution case resulting from shoplifting."
The following is Judge Lee's account of civil appeals she has personally handled:
"(a)   Purdie v. Smalls, 293 S.C. 216, 359 S.E.2d 306 (Ct. App. 1987);
(b)   Hooten v. Carolina Treatment Center, Inc., 200 S.C. 37, 386 S.E.2d 287, (Ct. App. 1989) was not the lead attorney;
(c)   Condon v. Best View Cablevision, Inc., 292 S.C. 117, 355 S.E.2d 7 (Ct. App. 1987) was not the lead attorney;
(d)   Davis v. U.S. Steel Corp., 779 F.2d 209 (4th Cir. 1985) on brief."
Judge Lee reported:
"I did not handle any criminal appeals while in private practice. However, as a circuit court judge I have presided over appeals from magistrate and municipal court cases involving criminal matters."
Regarding prior judicial service, Judge Lee reported:
"Elected by the General Assembly in February 1994 to the office of Administrative Law Judge which is a quasi-judicial function within the executive branch of government. Jurisdiction is limited to fact finding within the context of administrative hearings involving taxes, licensing, permitting and ratemaking. Act as an appellate body in matters involving occupational licensing and foster care licensing, among others. Conduct public hearings and decide the reasonableness and need for regulations promulgated by certain state agencies.
Elected by the General Assembly in February 1999 to Circuit Court. Re-elected in February 2002. Court of general jurisdiction covering civil and criminal matters. Appellate jurisdiction over administrative agencies and boards and commissions within the executive branch. Also appellate jurisdiction over municipal and magistrate cases."
The following is Judge Lee's account of her most significant orders:
"(a)   Ward v. South Carolina, 98-CP-40-4069, reversed 538 S.E.2d 245 (S.C. 2000). Ward, a federal retiree, filed suit against the State seeking to have declared unconstitutional statutes enacted providing state retirees a "rebate" on income taxes in response to Davis v. Michigan. The State filed a motion to dismiss the lawsuit which was granted on the basis that Ward failed to exhaust her administrative remedies before the Department of Revenue and the Administrative Law Judge Division. The Supreme Court reversed the decision stating that exhaustion of remedies was not required when the sole issue for determination involves the constitutionality of a statute. Neither the Department of Revenue nor the ALJD has jurisdiction to determine the constitutionality of a statute.
(b)   Harmon v. American Amusement Co., et al., 97-CP-40-2799.
Harmon filed suit seeking damages when the video gaming machine he was playing malfunctioned and accrued credits in excess of $5 million. His claims involved breach of contract, fraud and deceit, conversion, civil conspiracy, negligent misrepresentation, and unfair trade practices. Each legal theory was considered and was dismissed.
(c)   Sloan v. Greenville County, et al., 99-CP-23-4464.
Mr. Sloan sued Greenville County seeking to declare its action unlawful in connection with the procured construction of the family court building expansion. The County sought dismissal of the lawsuit claiming Mr. Sloan did not have standing to bring the lawsuit. The decision found that Sloan had standing to bring the action against the County as a taxpayer when the legislative acts sought to be enjoined are unlawful.
(d)   Jordan, et al. v. Holt, et al., 96-CP-26-3792.
This was a non-jury trial in which partners in a failed restaurant venture sought dissolution of the partnership, an accounting of the assets and claims for damages from the operation of the business. The trial lasted one week and involved voluminous documents, checks, records and photographs.
(e)   Kenneth Curtis v. State of South Carolina, (Greenville County).
Mr. Curtis sought to enjoin the State from enforcing a statute prohibiting the sale of urine in interstate commerce and to declare the statute unconstitutional."
Judge Lee reported the following unsuccessful candidacies:
"(a)   Candidate for Court of Appeals, Seat 6. Screening held in December 2002. Found qualified but not nominated by the Commission;
(b)   Candidate for Circuit Court At-Large Seat 10. Election in April 1997, withdrew two days before the election. Seat won by James R. Barber III.
(c)   Also candidate for Circuit Court At-Large Seats 1 and 7. Withdrew candidacy when Commission nominated me as a candidate for Seat 11 in February 1999."
(9)   Judicial Temperament:
The Commission believes that Judge Lee's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported: "The Committee finds Judge Alison Renee Lee to be a qualified and highly-regarded judge, who would serve ably on the Court of Appeals."
Judge Lee is married to Kenzil Franklin Summey. She has two children: Julian Christopher Summey, age 14; and Amanda Leigh Summey, age 11.
Judge Lee reported that she was a member of the following bar associations and professional associations:
"(a)   Permanent Member, U.S. Fourth Circuit Judicial Conference;
(b)   American Bar Association (1985-90);
(c)   South Carolina Bar Association;
(d)   South Carolina Woman Lawyers Association;
(e)   Richland County Bar Association;
(f)   Young Lawyers Division representative to the Committee on Continuing Legal Education (July 1987-June 1988);
(g)   Associate Commissioner, Board of Grievances and Discipline (1987-1989)."
Judge Lee provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Columbia Chapter of The Links, Inc. (1987-present); President 1994-98, Vice President 1993-94, Corresponding Secretary 1990-93;
(b)   Columbia Chapter, Jack and Jill of America, Inc. (1992-present); Parliamentarian 1995-97, 2001-2003;
(c) St. Peter's Catholic School Board (1993-97), Chairperson 1995-96;
(d) St. Peter's Catholic Church Parish Pastoral Council (1998-2001)."
Judge Lee further provided: "I was honored by the S.C. Chapter of the National Association of Bench and Bar Spouses in April 1999. I was a participant in Leadership South Carolina, Class of 1999."
The Commission found Judge Lee to have provided significant and valuable service to the State as an Administrative Law Judge and Circuit Court Judge and to be qualified for election as a Judge on the Court of Appeals.

Paul E. Short, Jr.
Court of Appeals, Seat 3

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Short meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Short was born on January 13, 1947. He is 56 years old and a resident of Chester, South Carolina. Judge Short provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Short.
Judge Short demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Short reported that he has not made any campaign expenditures.
Judge Short testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Short testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Judge Short to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Short described his continuing legal or judicial education during the past five years as follows:
"2001:
1/26   S.C. Bar, Criminal Law Update, 6.00 hrs.;
1/5   York County Bar Assoc., Sticks & Stones, Appointed, 3.00 hrs.;
5/9   S.C. Assoc. Circuit Judges Conference, 7.50 hrs.;
7/9   National Judicial College, Reno, NV, Law & the Social & Behavioral Sciences, 64.00 hrs.;
8/23   S.C. Circuit Court Assoc. Judicial Conference, 8.25 hrs.
2000:
1/21   S.C. Bar, Criminal Law Update, 6.00 hrs.;
5/10   S.C. Assoc. Circuit Judges Conference, 6.50 hrs.;
8/7   National Judicial College, Reno, NV, Media and the Courts, 52.00 hrs.
1999:
1/22   S.C. Bar, Criminal Law Update, 7.00 hrs.;
5/12   S.C. Assoc. Circuit Judges Conference, 6.00 hrs.;
7/19-23   National Judicial College, Reno, NV, Constitutional Criminal Procedure, History and Theory of Jurisprudence, 76.00 hrs.;
7/26   National Judicial College, Reno, NV, Judicial Writing, 27.80 hrs.;
8/5   S.C. Trial Lawyers Assoc., Annual Convention, 12.00 hrs.;
8/19   S.C. Circuit Court Assoc., Judicial Conference, 7.25 hrs.
1998:
1/9   S.C. Circuit Court Judges Assoc., Seminar of Chief Judges for Circuit and Family Court, 5.25 hrs.;
1/23   S.C. Bar, Criminal Law Update, 6.50 hrs.;
5/13   S.C. Assoc. of Circuit Judges Meeting, 6.00 hrs.;
8/13   S.C. Trial Lawyers Assoc., Annual Convention, 14.50 hrs.;
8/20   S.C. Circuit Court Assoc., Judicial Conference, 8.25 hrs.
1997:
1/24   S.C. Bar, Criminal Law Update, 6.50 hrs.;
5/14   Circuit Judges' Spring Conference, 7.50 hrs.;
6/27   S.C. Circuit Court Judges Assoc., Seminar of Chief Judges for Circuit and Family Court, 5.25 hrs.;
8/21   S.C. Circuit Court Assoc., Judicial Conference, 8.00 hrs.;
9/28   S.C. Solicitors' Assoc., Judicial Conference, 15.00 hrs."
Judge Short reported that he has taught the following law-related courses:
"(a)   September 15, 1995: South Carolina Legal Secretaries Association. I was the instructor for a Seminar on Rules of Civil Procedure.
(b)   September 30-October 18, 1996: National Judicial College/Reno, Nevada. I served as a Group Facilitator with the faculty for the General Jurisdiction Course for new Judges. I led group discussions four hours each day on a wide variety of legal topics.
(c)   September 29, 1997: South Carolina Solicitor's Conference, Myrtle Beach, South Carolina. I spoke on the topic 'Case File Development and Review, A View from the Judiciary'."
Judge Short reported that he has not published any books. However, with the exception of writing his thesis, he has completed the Master of Judicial Studies Program sponsored by the National Judicial College at the University of Nevada, Reno and has written several research papers to complete the course work requirement of the program.
(4)   Character:
The Commission's investigation of Judge Short did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Short did not indicate any evidence of a troubled financial status. Judge Short has handled his financial affairs responsibly.
The Commission also noted that Judge Short was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Short reported that his last available Martindale-Hubbell rating was "AV."
Judge Short gave the following account of his military service:
"U.S. Army, June 1968; entered active duty August 1971; discharged from active duty November 1971; served S.C. National Guard until 1973; Discharged U.S. Army Reserve, 1974; Highest rank attained was 1st Lieutenant; Present Status, Inactive Reserve; Honorably Discharged as Captain."

Judge Short reported the following regarding public offices held:
"(a)   South Carolina House of Representatives, elected, 1982-1991;
(b)   Chester County Airport Commission, appointed, 1978-1980;
(c)   Chester County Attorney, appointed, 1980-1982."
(6)   Physical Health:
Judge Short appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Short appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Short was admitted to the South Carolina Bar in 1971. He gave the following account of his legal experience since graduation from law school:
"I began the general practice of law in November 1971, in Chester, South Carolina with Mr. Fred H. Strickland and Mr. E.K. Hardin. I practiced law continuously in the same firm. In late 1972, I became a partner in the firm and in approximately June 1973, Mr. Hardin left the firm to become Probate Judge of Chester County. In July 1973, Mr. Strickland was tragically killed in a house fire and I became senior partner at the age of 26. Mr. William C. Keels graduated from law school in June 1973, and he and I began practicing law together at that time.
I was honored to have been elected to the South Carolina Circuit Court At-Large Seat #8 on February 1, 1991, and have served continuously until February 1999, when I was elected Resident Judge of the Sixth Judicial Circuit."
Judge Short reported the frequency of his court appearances during the last five years prior to his election to the bench as follows:
"(a)   Federal:     Occasionally;
(b)   State:       Often--on a regular basis."
Judge Short reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years prior to his election to the bench as follows:
"(a)   Civil:       20%;
(b)   Criminal:     50%;
(c)   Domestic:   30%."
Judge Short reported the percentage of his practice in trial court during the last five years prior to his election to the bench as follows:
"(a)   Jury:       95%;
(b)   Non-jury:   5%."
Judge Short provided that he most often served as sole counsel and occasionally chief counsel prior to his election to the bench.
The following is Judge Short's account of his five most significant litigated matters:
"(a)   Walter Neal and Industrial Chemical Company, Inc. v. J. Simpson Darby, L.H. Schwieterman, John Archie Lucas, Donald B. Murray, Marion M. Thomas, and J.F. Martin as members of the Chester County Council and the County of Chester, (1984) Court of Appeals Opinion #0207 filed June 22, 1984. I was Chester County Attorney in 1980 and the Chester County Council was in the process of adopting an ordinance pertaining to the handling and storage of hazardous chemicals in Chester County. Mr. Neal brought suit in Common Pleas Court to question the constitutionality of the ordinance and the county counter-claimed on the ground that Mr. Neal's landfill site was a public nuisance. The case was significant both at the trial level and the appellate level, because a small rural county was attempting to protect its citizens and their environment from the disposal of out-of-state hazardous waste. The trial judge and the Court of Appeals both found that the landfill constituted a public nuisance by virtue of its location and upheld the permanent injunction to prevent further disposal of hazardous chemical waste at the site.
(b)   Chester County Hospital and Nursing Center v. J.F. Martin, Simpson Darby, John Lucas, Marion M. Thomas, Don Murray, Carlisle Roddey, Lowell Schweiterman, individually and as members of the Chester County Council, and the Chester County Council, (1984) South Carolina Supreme Court Opinion #22053 filed March 6, 1984. In 1981, the Chester County Council was in the process of adopting an ordinance to increase the size of the Chester County Hospital Board and to provide that Council would appoint said Board members. This Board had previously been created by a local act of the General Assembly in 1947 which provided that vacancies would be filled by a two-thirds vote of the remaining Board members themselves. The Board petitioned the Circuit Court for an injunction to prevent the Council from enacting the ordinance. After an extensive hearing on the matter, which included the testimony of many respected leaders of the community such as U.S. District Court Judge Robert W. Hemphill, deceased, the lower Court issued a permanent injunction on the grounds that the County was attempting to exercise power beyond its limitations in violation of Section 4-9-170, Code of Laws of South Carolina, 1976, as amended. The South Carolina Supreme Court remanded the case and vacated the injunction. The Court stated that it was well recognized that a Court could not restrain by injunction, the exercise of legislative power by counties. The Court cited 43A C.J.S., which states that the restraining power of a Court should be directed against enforcement rather than passage of ordinances. The case is very significant because the Court upheld the County's actions which were undertaken because of the Home Rule Act.
(c)   Vera B. Lawson, Executrix of the Estate of Robert Smith Lawson, deceased v. Bowaters Carolina Corporation, U.S. Fourth Circuit Court of Appeals #77-8320, Order filed October 31, 1977. In this case, I represented the Estate of a painter who was killed while painting the defendant's plant in Rock Hill, South Carolina. The plaintiff's husband was employed by Robert's Paint Company, which had a contract with Bowaters to paint their facility. The plaintiff's husband was killed when an employee of Bowaters drove a forklift into the scaffold supports, thereby knocking the deceased to the ground. A death claim against Robert's Paint Company was filed for Workman's Comp benefits before the South Carolina Industrial Commission and the claim was approved. Subsequently, the plaintiff filed a wrongful death action against Bowaters Carolina Corporation in U.S. District Court. The defendant moved for summary judgment contending that under the provisions of the S.C. Workman's Compensation Act, the plaintiff's deceased husband was the 'statutory employee' of the defendant, and therefore, the plaintiff's sole remedy would be under the provisions of that act. After considering the briefs filed by me and after oral arguments of counsel, Judge Hemphill issued his Order on September 15, 1977, in which he denied the Motion for Summary Judgment and ordered the case be calendared for jury trial. The defendant petitioned the United States Fourth Circuit Court of Appeals for permission to appeal Judge Hemphill's Order, basing its argument on the grounds that there was a conflict between interpretation of controlling State law between the United States Supreme Court and the South Carolina Supreme Court. They denied the defendant's petition and the case was later settled. This case was significant because it involved the question of the definition of a statutory employee under the South Carolina Workman's Compensation Act.
(d)   Canzadia White, as Administratrix of the Estate of Richard C. Carter, deceased v. Holsum Bakery, Inc., (1972). This was a wrongful death case and all of the witnesses of the accident of the plaintiff were minor children of the deceased. A lot of preparation was required to ensure that the minor children would be qualified by the Court to testify. A verdict was returned for the plaintiff, and it has been said that this was the highest jury verdict returned in Chester County for the wrongful death of a black man at that time.
(e)   Crystal J. Harmon, Committee for Benjamin Joseph Harmon, an Incompetent v. Aegis Corporation, Long Mill Rubber Company and Ryder Truck Rental Company, U.S. District Court, Greenville Division, Complaint filed August 1, 1985. The plaintiff, Benjamin J. Harmon, age 21, suffered a totally and permanently disabling brain injury on July 14, 1983, when the automobile he was driving was struck by the defendant who had disregarded a traffic control device. I began representing the plaintiff shortly after his accident, and successfully negotiated an agreement that the carrier would pay for immediate medical care. This was medically significant because it is essential that a brain-injured person receive extensive rehabilitation immediately after the injury to maximize potential improvement. During my representation, I traveled rather extensively and learned that there are not many facilities in the United States which can adequately care for the head injured. A jury was drawn for trial, however, approximately one week before the trial was scheduled to begin, the case was settled in 1986. It was a significant case in that it was the largest settlement I ever obtained and required more preparation than any other legal matter I ever handled."
The following is Judge Short's account of five civil appeals he has personally handled:
"(a)   Walter Neal and Industrial Chemical Company, Inc. v. J. Simpson Darby, L.H. Schwieterman, John Archie Lucas, Donald B. Murray, Marion M. Thomas, and J.F. Martin as members of the Chester County Council and the County of Chester, 282 S.C. 277; 318 S.E.2d 18 (Ct. App. 1984).
(b)   Chester County Hospital and Nursing Center v. J.F. Martin, Simpson Darby, John Lucas, Marion M. Thomas, Don Murray, Carlisle Roddey, Lowell Schweiterman, individually and as members of the Chester County Council, and the Chester County Council, 281 S.C. 25; 314 S.E.2d 25 (Ct. App. 1984).
(c)   Thomas Beckham v. Sara Kay B. Short, 380 S.E.2d 826; 298 S.C. 348 (1989); 365 S.E.2d. 42; 294 S.C. 415 Ct. App. 1988).
(d)   Patricia Moore Lucas v. Ernest Wendell Lucas, S.C. Supreme Court; May 9., 1983; 302 S.E.2d. 863 (1983);
(e)   Willie Mack Thomas, Sr. and Naomi F. Thomas v. George Wilson, individually and d/b/a Palmetto Mobile Homes, S.C. Court of Appeals; March 9, 1984; Memorandum Opinion No. 84-MO-007."
Regarding criminal appeals he has personally handled, Judge Short reported: "I have been serving as a Circuit Court Judge since July 1991, and have not practiced law since that time. I handled a number of criminal cases, however, I do not recall any of the cases being appealed to the Supreme Court or to the Court of Appeals. I do recall several criminal appeals from the Magistrate Court to the Circuit Court, but I do not recall the names of the individual Defendants at this time."
Judge Short reported that he has held the following judicial offices:
"(a)   July 1991-February 1999; S.C. Circuit Court At-Large Seat #8;
(b)   February 1999-Present; Resident Judge, Sixth Judicial Circuit."
Judge Short provided the following list of most significant orders:
"(a)   Louis J. Truesdale v. Parker D. Evatt, and the South Carolina Department of Corrections, et al. The subject of this Order deals with the reimbursement of expenses incurred by expert witnesses called upon by Petitioner Truesdale in his death penalty case. The Appeal of his case is reported at 301 S.C. 546, 393 S.E.2d 168 (1990).
(b)   State of South Carolina v. Gary Allen Rimert, 315 S.C. 527, 446 S.E.2d 400 (1994). The issue addressed in this Order is whether or not a jury in a criminal case is entitled to hear evidence regarding the sentence a Defendant may receive if he is found guilty but mentally ill. I held that the jury's function was to determine guilt and that information about sentencing is irrelevant to such a determination. The Supreme Court affirmed.
(c)   Carol Ann Berkebile v. William C. Outen, 311 S.C. 50 and 426 S.E.2d 760 (1993). This Order holds that losses from video poker playing are not recoverable pursuant to Section 32-1-10, S.C. Code Ann. I held that Section 32-1-10 removed the common law bar to recovery of losses from engaging in illegal gambling. Therefore, if the loss resulted from legal gambling, Section 21-1-10 does not apply and a Plaintiff cannot recover. Unfortunately, the Supreme Court disagreed and I was reversed.
(d)   City of Folly Beach v. Atlantic House Properties, Opinion No. 24384, 321 S.C. 241, 467 S.E.2d 928 (1996). In this matter, I ordered that the defendants in a condemnation action pay the plaintiff's reasonable attorneys fee pursuant to Section 28-2-510 S.C. Code Ann. Supreme Court reversed.
(e)   Betty Williams, et al. v. The Zoning Board of Adjustment of the City of Rock Hill and New Hope Carolina, Inc. This Order affirms the City of Rock Hill Zoning Commission's issuance of a permit to New Hope Carolina allowing it to operate an institution to care for emotionally handicapped children."
(9)   Judicial Temperament:
The Commission believes that Judge Short's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Advisory Committee did not submit a report of its findings on this candidate to the Commission during the screening process.
Judge Short is married to Linda Huffstetler Short. He has two children: Lindy Lee Short Blanks, age 32; and Melanie Lynne Short Edwards, age 28.
Judge Short reported that he was a member of the following bar associations and professional associations:
"(a)   Chester County Bar Association;
(b)   South Carolina Bar Association;
(c)   South Carolina Association of Circuit Court Judges, Past President, 2000-2001;
(d)   American Bar Association."
Judge Short provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Purity Presbyterian Church: Elder;
(b)   Sertoma International, Life Member;
(c)   Chester Shrine Club;
(d)   Chester Masonic Lodge;
(e)   American Legion;
(f)   Chester Men's Golf Association;
(g)   Phi Delta Phi."
Judge Short further reported:
"While I was practicing law, I had the pleasure to serve and to gain valuable experience on the Board of Commissioners on Grievances and Discipline."
The Commission found Judge Short to be of excellent judicial temperament. His control of the courtroom--in civil as well as criminal matter--is a model for other judges. His current service as a judge was preceded by a very successful career as a trial lawyer.

W. Jeffrey Young
Family Court for the Third Judicial Circuit, Seat 2
Commission's Findings QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Young meets the qualifications prescribed by law for judicial service as a Family Court judge.
Mr. Young was born on August 2, 1955. He is 47 years old and a resident of Sumter, South Carolina. Mr. Young provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Young.
Mr. Young demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Young reported that he has not made any campaign expenditures.
Mr. Young testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Young testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Mr. Young to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Young described his continuing legal or judicial education during the past five years as follows:
"December 6, 2002   S.C. Family Court Bench/Bar;
December 20, 2002   20/20 An Optional View of 2002;
January 9, 2002     Sexual Harassment;
February 26, 2001   Redistricting Training Session;
August 2, 2001     SCTLA Annual Convention;
August 3, 2001     SCTLA Annual Convention;
November 29, 2000   Government Ethics;
August 5, 1999     SCTLA Annual Convention;
May 21, 1998     Family Court Judges Conference (Speaker);
December 11, 1998   S.C. Bar Expert Witness Cross Examination;
December 12, 1998   Ethics of Profession Responsibility Issues;
November 25, 1997   Internet and the Law;
December 5, 1997   Family Law Bench/Bar Update;
December 12, 1997   S.C. Bar Masters in Trial."
Mr. Young reported that he has taught the following law-related courses:
"(a)   USC-Sumter, 1988-1996, Business Law Adjunct Faculty;
(b)   Central Carolina Technical College, 1987-1992, Paralegal Instructor."
Mr. Young reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Mr. Young did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Young did not indicate any evidence of a troubled financial status. Mr. Young has handled his financial affairs responsibly.
The Commission also noted that Mr. Young was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
A complaint was filed with the Commission alleging misconduct by Mr. Young in his capacity as an attorney. The complainant, the husband, was a party to an action in which Mr. Young represented the opposing party, the wife, and the action involved issues of child support and custody/visitation arising out of the parties' divorce. The complainant alleged that Mr. Young intentionally misrepresented to the Court the amount of child support the complainant owed and failed to treat him in the manner due a member of the Bar. The Commission examined the complaint as well as heard testimony concerning these allegations. The Commission found no evidence of misconduct by Mr. Young and that the complaint was groundless.
(5)   Reputation:
Mr. Young reported that his Martindale-Hubbell rating is "BV."
Mr. Young provided the following account of his military service: "USAF-Active Duty, October 1977-September 1982, Honorable Discharge; USAF-Reserve, September 1982-Present, currently assigned to USCENTAF Contracting Office at Shaw AFB, S.C. Previous reserve assignment at National Security Agency, Fort Meade, MD. Current Rank: Lt. Colonel."
Mr. Young reported that he was elected to the South Carolina House of Representatives and served from 1994 until 1998 and from 2000 until 2002.
(6)   Physical Health:
Mr. Young appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Young appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Young was admitted to the South Carolina Bar in 1985.
Mr. Young provided the following account of his legal experience since graduation from law school:
"Kenneth R. Young, Sumter, S.C., May 1985-June 1986, General Practice;
Young & Young, P.A., Sumter, S.C., June 1986-December 1990, General Practice;
Young, Young & Reiter, P.A., Sumter, S.C., January 1991-December 1997, General Practice;
W. Jeffrey Young, P.A., Sumter, S.C., January 1998-Present, General Practice with primary emphasis in Family Law."
Mr. Young reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:     1%;
(b)   State:         99%."
Mr. Young reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:       20%;
(b)   Criminal:     10%;
(c)   Domestic:   70%."
Mr. Young reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:       5%;
(b)   Non-jury:   95%."
Mr. Young provided that he most often served as sole counsel.
The following is Mr. Young's account of his five most significant litigated matters:
"(a)   Hemming v. Hemming, 1998-DR-43-1630. This case involved virtually all aspects of divorce litigation. Divorce, highly contested custody, psychological experts, equitable division and attorney fees. This case was tried over a 3-day period. Subsequent contempt actions were also required for enforcement of the order issued by the court.
(b)   Tiffault v. Tiffault, 1987-DR-43-1630. This case concerned separation, equitable distribution and support. This case is the landmark case of equitable division of military retirement in South Carolina.
(c)   Telford v. Schwab, et al., 2001-DR-43-2020. This case involved a surrogate mother's pregnancy that involved the implantation of the Plaintiff's (biological parents) zygote into the surrogate mother. This was the first case in South Carolina where an original birth certificate was issued, to the biological parents, without the birth mother's name being shown on the birth certificate.
(d)   Godfrey v. Green, 2000-DR-43-250. This was significant because it involved custody, visitation, support and out-of-state moving by the mother during the litigation. The parents of the child were never married, which added a variant to the situation.
(e)   Ursula Draper v. Draper. This was significant because it involved the issue of grandparent visitation, while the father of the child was away on military duty."
Mr. Young reported the following civil appeal he has personally handled:
"(a)   Tiffault v. Tiffault, 303 S.C. 391, 401 S.E.2d 157 (1991). This case is the landmark case of equitable division of military retirement in South Carolina."
Regarding unsuccessful candidacies, Mr. Young reported: "In 1998, I was defeated in my re-election bid for S.C. House Seat #67. In 2000, I ran again and was elected for my third term in the S.C. House of Representatives."
(9)   Judicial Temperament:
The Commission believes that Mr. Young's temperament would be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Advisory Committee reported: "Mr. Young is a well-respected member of the Bar and the Sumter community. He has a suitable judicial temperament as he is willing to listen to all parties on an issue and is not afraid to make a decision quickly, if necessary." The Committee found "Mr. Young to be of excellent temperament and good moral character, and that he exceeds the evaluative criteria established by the Commission." The Pee Dee Citizens Advisory Committee found Mr. Young "qualified for election to a Family Court judgeship."
Mr. Young is married to Sharon Steele Young. He has four children: Elizabeth R. Young, age 17; William R. Young, age 8; Robert S. Young, age 6; and Greyson S. Young, age 4.
Mr. Young reported that he was a member of the following bar associations and professional associations:
"(a)   Sumter County Bar Association;
(b)   South Carolina Trial Lawyers Association;
(c)   South Carolina Bar."
Mr. Young provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Sumter Sunrise Rotary;
(b)   Sumter Sertoma-Past President;
(c)   Sumter Citadel Club - Past President;
(d)   Air Force Association;
(e)   Camellia Ball;
(f)   Aglaian Dance Club-Past President;
(g)   American Legion Post #15;
(h)   Sumter Chamber of Commerce-Governmental Affairs Committee;
(i)   Salvation Army Boys Club Board of Advisors;
(j)   First Presbyterian Church, Sumter, S.C. Clerk of Session."
Mr. Young further provided:
"As an Air Force officer, I have deployed to the Middle East on four occasions, including Operation Enduring Freedom. I have been awarded two Air Force Commendation Medals. In 1989, I was selected as a member of the Rotary Group Study Exchange to Norway where I concentrated on Norwegian law study."
The Commission noted that Mr. Young's quick intellect concerning family law issues as well as his personable demeanor would make him well-suited for the family court bench. The Commission commented on his substantial experience in the practice of family law. The Commission found Mr. Young eminently qualified for nomination as a Family Court judge.

CONCLUSION

The following candidates were found qualified and nominated:

Mary E. Buchan, Court of Appeals, Seat 3
John C. Hayes III, Court of Appeals, Seat 3
John W. Kittredge, Court of Appeals, Seat 3
W. Jeffrey Young, Family Court for the Third Judicial Circuit, Seat 2

Respectfully submitted:
Members of the Judicial Merit Selection Commission

Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
John P. Freeman, Esquire
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator James H. Ritchie, Jr.
Judge Curtis G. Shaw
Representative Doug Smith
Representative Fletcher N. Smith, Jr.

May 8, 2003
Received as information.

INVITATION

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

May 7, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29211

Dear Chairman Leach:
On behalf of NewSouth Communications, Members of the House of Representatives are invited to a luncheon on the State House grounds on Wednesday, May 21, 2003, at noon.

Sincerely,
Susanne H. Hite
Director, Corporate Communications

REPORT OF STANDING COMMITTEE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4175 (Word version) -- Rep. Sinclair: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY GENERAL PROVISIONS, BY ADDING SECTION 23-1-10 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ENGAGE IN POLITICAL ACTIVITY WHILE OFF DUTY AND MUST NOT BE DENIED THE RIGHT TO REFRAIN FROM ENGAGING IN POLITICAL ACTIVITY; AND BY ADDING ARTICLE 3 RELATING TO DUE PROCESS DISCIPLINARY PROCEDURES FOR LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE DEFINITIONS USED IN CONNECTION WITH DISCIPLINARY PROCEEDINGS FOR LAW ENFORCEMENT OFFICERS DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR CERTAIN RIGHTS AND RESPONSIBILITIES OF EMPLOYING AGENCIES AND LAW ENFORCEMENT OFFICERS IN CONNECTION WITH INVESTIGATIONS INTO ALLEGATIONS THAT A LAW ENFORCEMENT OFFICER COMMITTED AN OFFENSE OR ENGAGED IN MISCONDUCT, TO PROVIDE FOR DUE PROCESS WHEN CONDUCTING DISCIPLINARY HEARINGS, TO PROVIDE FOR AGENCY REVIEW OF CERTAIN FINDINGS AND RECOMMENDATIONS BEFORE TAKING DISCIPLINARY ACTION OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, TO PROVIDE FOR APPEALS FROM AGENCY FINDINGS AND RECOMMENDATIONS RESULTING IN DISCIPLINARY OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, AND TO PROVIDE SAFEGUARDS FOR PLACING ADVERSE PERSONNEL AND DISCIPLINARY MATERIAL IN A LAW ENFORCEMENT OFFICER'S PERSONNEL FILE; AND TO DESIGNATE SECTIONS 23-1-15 THROUGH 23-1-225 OF THE 1976 CODE AS ARTICLE 1 OF CHAPTER 1, TITLE 23.
Referred to Committee on Judiciary

H. 4176 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.
On motion of Rep. ANTHONY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4182 (Word version) -- Reps. Ceips, Anthony, R. Brown, Clark, Clyburn, Cobb-Hunter, Emory, Gilham, Hagood, Herbkersman, Keegan, Littlejohn, Mahaffey, Martin, Merrill, J. H. Neal, Sinclair, Stille and Young: A BILL TO AMEND SECTION 7-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR TO HAVE POSTED ON THE WEBSITE OF THE COMMISSION A FILING AND ELECTION SCHEDULE FOR ALL ELECTIONS.
Referred to Committee on Judiciary

H. 4183 (Word version) -- Reps. Ceips, Anthony, J. Brown, R. Brown, Clark, Clyburn, Gilham, Hayes, Herbkersman, J. Hines, Keegan, Littlejohn, Lloyd, Martin, Stille, Toole, Walker and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-210 SO AS TO MAKE IT A CRIME TO REMOVE OR VANDALIZE CAMPAIGN SIGNS AND PROVIDE A PENALTY FOR VIOLATION.
Referred to Committee on Judiciary

S. 675 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 678 (Word version) -- Senator Richardson: A BILL TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF ITS COMMISSIONERS.
Referred to Beaufort Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 4177 (Word version) -- Reps. Koon, Quinn, W. D. Smith, Clark and Frye: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSTATE INTERCHANGE OF INTERSTATE 20 AND ROAD 204 AT EXIT 51 IN LEXINGTON COUNTY AS THE "CHARLIE ROUNTREE, JR. JUNIOR GOLF INTERCHANGE" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. CHARLIE ROUNTREE'S TIRELESS COMMITMENT TO THE GAME OF GOLF WITH EMPHASIS ON THE JUNIOR GOLF PROGRAM IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4178 (Word version) -- Reps. J. R. Smith and D. C. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE KATE POULIOT OF SIMPSONVILLE ON PITCHING HER TWENTY-FIFTH SHUTOUT IN THIRTY-ONE GAMES AND RAISING HER OVERALL WIN STREAK TO FIFTY-TWO, TO COMMEND HER FOR HER HARD WORK AND DEDICATION, AND TO WISH HER MUCH SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

HOUSE RESOLUTION

The following was introduced:

H. 4179 (Word version) -- Reps. Coates and McGee: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO ASHLEY NICOLE AMERSON, CAMERON LAYNE HOLDER, JESSICA LEIGH THOMAS, KAREN COOK, JESSICA NEWMAN, SHANNON EILEEN CLEARY, ERIN REBECCA SMITH, ELIZABETH HUPFER, AND MEREDITH GARDNER REAVES FOR THEIR DILIGENCE AND DEDICATION AS GIRL SCOUTS OF THE PEE DEE AREA AND FOR RECEIVING THE HIGHEST AWARD GIVEN IN GIRL SCOUTING, THE GIRL SCOUT GOLD AWARD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4180 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING MRS. MARY FLOYD EPPS OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER FAMILY, FRIENDS, AND CHURCH.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4181 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING MRS. KATIE WEST STARKS ETHERIDGE OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER FAMILY, FRIENDS, AND CHURCH.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 689 (Word version) -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO EXTOL REVEREND DONALD E. CHANEY FOR HIS OUTSTANDING COMMUNITY INVOLVEMENT IN PASTORING AND PROVIDING LEADERSHIP TO THE PEOPLE OF THE STATE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 690 (Word version) -- Senators Knotts, Reese, Patterson, Setzler, McGill, Glover, Malloy, Hutto, Pinckney, Mescher, Verdin, Waldrep, Grooms, Courson, Branton, Ravenel, Leatherman, Moore, Land, Alexander, J. V. Smith, Drummond and Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE MUSEUM FOR BEING CHOSEN AS THE THIRD MOST POPULAR MUSEUM IN THE SOUTHEAST BY THE SOUTHERN LIVING READERS' CHOICE AWARDS AND TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING CONTRIBUTIONS THE STATE MUSEUM HAS MADE TO SOUTH CAROLINA.

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

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Howard
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rivers
Sandifer               Scarborough            Scott
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 8.

Karl Allen                        Jerry Govan
Ralph Davenport                   Seth Whipper
Todd Rutherford                   Thomas Rhoad
Fletcher Smith                    Bill Cotty
Douglas Jennings                  David Weeks
Joseph Neal
Alex Harvin   Richard Quinn

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. RICHARDSON a leave of absence for the day due to illness.

STATEMENT OF ATTENDANCE

Reps. HARVIN and QUINN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 6.

DOCTOR OF THE DAY

Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number:   H. 3482 (Word version)
Date:   ADD:
05/08/03   QUINN

CO-SPONSOR REMOVED

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   MILLER

CO-SPONSOR REMOVED

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   BATTLE

CO-SPONSOR REMOVED

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   BRANHAM

CO-SPONSOR REMOVED

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   G. BROWN

CO-SPONSOR REMOVED

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   HAYES

CO-SPONSOR REMOVED

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   SNOW

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-825, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-915, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-9-1155, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING ARTICLE 9, SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.

S. 228--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11711AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   A.   The 1976 Code is amended by adding:

"Section 61-6-710.   Notwithstanding any other provision of this title, a person who manufactures in this State food items such as sauces and marinades in which there is an alcoholic beverage ingredient and who does so under an agreement with the alcoholic beverage manufacturer must apply for a special food manufacturer's license from the department, in accordance with Section 61-2-100, to purchase the alcoholic beverage directly from the manufacturer in containers holding greater quantities of liquor than are sold to a retail consumer. The department must establish the form of the application for the special food manufacturer's license."
B.   Section 12-33-210 of the 1976 Code, as last amended by Act 144 of 1995, is further amended to read:

"Section 12-33-210.   The biennial license taxes on licenses granted under Title 61, in addition to all other license taxes, are as follows:

(1)   manufacturer's license: fifty thousand dollars;

(2)   wholesaler's license: twenty thousand dollars; and

(3)   retail dealer's license: one thousand and two hundred dollars.; and

(4)   special food manufacturer's license: one thousand two hundred dollars.

Each applicant shall must pay a filing fee of one hundred dollars which must accompany the initial application for each location and is not refundable.

A person who applies for a license after the first day of a license period shall must pay license fees in accordance with the schedule provided in Section 61-6-1810(C)."
C.   Section 61-2-175(A) of the 1976 Code, as added by Act 98 of 1997, is amended to read:

"(A)   Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, or wholesaler's, or special food manufacturer's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title."
D.   Section 61-6-2900 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2900.   Alcoholic liquors must be shipped or moved from a point outside this State to a point inside the State only by railroad companies, steamship companies, express companies, or truck companies authorized to do business in the State as common carriers by the Department of Public Safety, by wholesalers licensed by the department or by registered producers in their own trucks. Alcoholic liquors must be shipped or moved only to the warehouse of the food manufacturer licensed pursuant to Section 61-6-710, or the registered producer in care of the producer representative who is registered to handle the property of the registered producer originating the shipment. The shipment of alcoholic liquors must be either stored in the warehouse of the food manufacturer licensed pursuant to Section 61-1-710 or in a licensed warehouse of the registered producer or, after delivery to the producer representative is complete, may then be shipped to a licensed wholesaler by common carriers described in this section, by wholesalers licensed by the department or by registered producers in their own trucks. Shipments of alcoholic liquors from a licensed producer's warehouse to a licensed South Carolina wholesaler may be made in a vehicle owned or operated by the wholesaler. If alcoholic liquors are stored in the warehouse of a registered producer, or after delivery to the producer representative is complete, they may be shipped to a licensed wholesaler or to a point outside this State. Before any shipment or transfer, the food manufacturer or producer representative, as appropriate, must apply to the department, on forms prescribed by the department, for permission to ship or transfer the alcoholic liquors, and the food manufacturer or producer representative must have received a certificate of approval of the shipment or transfer."
E.   Section 61-6-4050 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-4050.   It is unlawful for a person to purchase or otherwise procure alcoholic liquors other than those purchased from licensed retail dealers in the State or those purchased pursuant to a special food manufacturer's license in Section 61-6-710. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a)   for a first offense, by a fine of one hundred dollars or imprisonment for thirty days;

(b)   for a second offense, by a fine of two hundred dollars or imprisonment for sixty days; and

(c)   for a third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety days."
SECTION   2.   Section 61-6-1500 of the 1976 Code, as added by Act 415 of 1997, is amended to read:

"Section 61-6-1500.   (A)   No retail dealer may:

(1)   sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;

(2)   own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;

(3)   Notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his posession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;

(4)   sell, barter, exchange, give, transfer, or deliver, offer for sale, barter, or exchange or permit the sale, barter, exchange, gift, transfer, or delivery of alcoholic liquors:

(a)   between the hours of 7:00 p.m. and 9:00 a.m.;

(b)   for consumption on the premises;

(c)   to a person under twenty-one years of age;

(d)   to an intoxicated person; or

(e)   to a mentally incompetent person;

(4)(5)   permit the drinking of alcoholic liquors in his store or place of business;

(5)(6)   sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:

(a)   the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and

(b)   the electronic transfer is initiated by the retailer no later than one business day after delivery; or

(6)(7)   redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

(B)(1)   The provisions of this section subsection (A) relating to quantities of less than two hundred milliliters do not apply to:

(1)(a)   minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or

(2)(b)   minibottles sold for consumption on commercial aircraft engaged in interstate commerce.

(2)   It is unlawful for a person licensed to sell alcoholic liquors under the provisions of this section to refill a minibottle. A person who violates this provision must, upon conviction, have his license revoked permanently.

(3)   A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.

(4)   It is unlawful to sell minibottles except during lawful hours of operation.

(5)   A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this paragraph subsection, 'a person licensed under Article 5 of this chapter' includes his a person's designated agent as a purchaser."
SECTION   3.   This act takes effect upon approval by the Governor and Section 1 applies to special food manufacturing licenses applied for on or after July 1, 2002.
Renumber sections to conform.
Amend title to conform.

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

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

H. 3378--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3378 (Word version) -- Reps. Kirsh, F. N. Smith and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-15 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AS PROVIDED BY LAW SHALL BE DEVOLVED UPON THE STATE SUPERINTENDENT OF EDUCATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9799SD03):
Amend the bill, as and if amended, by deleting Section 59-5-15 of the 1976 Code, as contained in SECTION 1, and inserting:
/ "Section 59-5-15.   Notwithstanding any other provision of law, beginning July 1, 2003, the powers and duties of the State Board of Education as provided by law shall be devolved upon the State Superintendent of Education. However, the powers and duties relating to charter school appeals and other appeals currently heard by the State Board of Education shall be devolved upon the Administrative Law Judge Division. Additionally, the Administrative Law Judge Division is granted jurisdiction to hear and determine matters relating to teacher certification suspension and revocation." /
Amend title to conform.

Rep. WALKER explained the amendment.

Reps. ALTMAN, SIMRILL, WHITE, EDGE, OTT, LITTLEJOHN, SKELTON, R. BROWN, ANTHONY, HAGOOD, WALKER, PHILLIPS, HAMILTON, VIERS, CLEMMONS, MOODY-LAWRENCE, KENNEDY and BALES requested debate on the Bill.

H. 3686--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5432CM03):
Amend the bill, as and if amended, Section 56-19-48(B), as contained in SECTION 1, page 1, by inserting after the / . / on line 40
/ The insurance company must pay the title fee contained in Section 56-19-420. /
When amended Section 56-19-480(B) shall read:
/SECTION   1.   Section 56-19-480(B) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(B)   If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. Notwithstanding another provision of law, when an insurance company obtains title to a vehicle from settling a total loss claim, the insurance company may obtain a title to the vehicle designated as 'salvage'. The insurance company must pay the title fee contained in Section 56-19-420." /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

Reps. LOFTIS, EDGE, DAVENPORT, VIERS, CLEMMONS, WITHERSPOON, ALTMAN, LITTLEJOHN and MERRILL requested debate on the Bill.

ORDERED TO THIRD READING

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

H. 4158 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, SUBARTICLE 1 WRECKER REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 4005 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-75-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO EXPAND THE AREA IN WHICH THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, SO AS TO AUTHORIZE THE DIRECTOR TO EXPAND THE TERRITORY OF THE ASSOCIATION ON AN EMERGENCY BASIS TO INCLUDE SEACOAST COUNTIES FOR A PERIOD OF TWO YEARS RATHER THAN ONE YEAR.

Rep. TRIPP explained the Bill.

H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.

Rep. BINGHAM explained the Bill.

H. 3681 (Word version) -- Reps. E. H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS SUCH GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT.

Rep. ALTMAN explained the Bill.

H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.

Rep. ALTMAN explained the Bill.

H. 4158--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MILLER, with unanimous consent, it was ordered that H. 4158 (Word version) be read the third time tomorrow.

H. 4005--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4005 (Word version) be read the third time tomorrow.

H. 3901--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3901 (Word version) be read the third time tomorrow.

H. 3681--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3681 (Word version) be read the third time tomorrow.

H. 4004--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4004 (Word version) be read the third time tomorrow.

H. 4076--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4076 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS FROM WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS WHICH REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR LICENSED REPRESENTATIVE OF THE INSURER FOR WHICH THE APPLICANT PROPOSES TO ACT, SO AS TO DELETE PROVISIONS REQUIRING THE APPLICANT TO BE APPOINTED BY AN OFFICIAL OR AUTHORIZED REPRESENTATIVE OF THE INSURER BEFORE THE APPLICANT CAN ACT AS A PRODUCER; TO AMEND SECTION 38-43-70, AS AMENDED, RELATING TO LICENSING OF A NONRESIDENT PRODUCER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PRODUCERS' LICENSE BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CONFLICTING PROVISIONS WHICH AUTHORIZE THE DIRECTOR TO WAIVE THE EXAMINATION AND ISSUE TEMPORARY LICENSES FOR A PERIOD NOT TO EXCEED NINETY DAYS; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL INSURANCE AGENTS, SO AS TO DELETE CONFLICTING PROVISIONS AND CLARIFY WHO MUST COMPLY WITH PRE-LICENSING REQUIREMENTS; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO SUBSTITUTE HOME STATE FOR RESIDENT STATE AS THE REQUIREMENT FOR SATISFYING RECIPROCAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR NONRESIDENT PRODUCERS; TO AMEND SECTION 38-45-20, RELATING TO REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE TWO-YEAR WAITING PERIOD FOR RESIDENT SURPLUS LINES INSURANCE BROKERS; TO AMEND SECTION 38-45-30, RELATING TO REQUIREMENTS FOR A NONRESIDENT INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT FOR NONRESIDENT BROKERS TO FURNISH A TEN THOUSAND DOLLAR SURETY BOND; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL, SURGICAL, AND MENTAL HEALTH BENEFITS OFFERED IN CONNECTION WITH A GROUP HEALTH INSURANCE PLAN, SO AS TO EXTEND THE SUNSET PROVISION TO DECEMBER 31, 2003, TO COMPLY WITH FEDERAL LAW; TO AMEND SECTION 38-77-870, RELATING TO THE AVAILABILITY OF ASSIGNMENT OF RISKS TO NONRESIDENTS, SO AS TO PROVIDE AN EXCEPTION FOR MILITARY RISKS THAT ARE PRINCIPALLY GARAGED IN THIS STATE TO BE ASSIGNED BY THE PLAN; TO AMEND SECTION 38-79-420, RELATING TO THE CREATION OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO INCREASE FROM ONE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF FOR EACH INCIDENT AND INCREASES FROM THREE TO SIX HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF IN THE AGGREGATE FOR ONE YEAR; AND TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO INCREASE THE MINIMUM LIMITS FOR PROPERTY DAMAGE FROM FIVE TO TEN THOUSAND DOLLARS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3506DW03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   The first paragraph of Section 2 of Act 313 of 2002 is amended to read:

"Notwithstanding the interest rate provisions of Section 38-69-240(a) of the 1976 Code, for prospective sales of contracts entered into pursuant to Section 38-69-240 from this act's effective date through January 1, 2004 June 30, 2005, the following applies:"
Amend further by adding an appropriately numbered SECTION to read:
/ SECTION __.   Section 38-71-40 of the 1976 Code is amended to read:

"Section 38-71-40.   (A)   The falsity of any statement related to insurability in the application for any individual policy covered by this chapter does not bar the right to recovery thereunder under it during the first two years from the issue date unless:

(1)   the false statement was made with actual intent to deceive; or unless it

(2)   the false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.

(B)   If either criteria provided in item (1) or (2) of subsection (A) is met, the insured is barred from recovery under the policy, and the policy is void. It is not necessary for both provisions in items (1) and (2) of subsection (A) of subsection (A) to be met in order for the right of recovery to be barred. This section does not repeal, supercede, or preempt any other provisions of Title 38 related to the falsity of statements in an application."
Amend further by striking SECTION 19 in its entirety and inserting:
/ SECTION   19.   This act takes effect upon approval by the Governor, except SECTION 13 takes effect January 31, 2004. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4076--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 4076 (Word version) be read the third time tomorrow.

H. 4031--POINT OF ORDER

The following Bill was taken up:

H. 4031 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN THE INDIVIDUAL'S PAY; TO PROVIDE THAT NEITHER A CHILD SUPPORT NOR SPOUSAL SUPPORT ARREARAGE MAY ACCRUE AGAINST SUCH AN INDIVIDUAL DURING ACTIVE DUTY SERVICE; AND TO REQUIRE THE INDIVIDUAL TO NOTIFY THE FAMILY COURT WHEN THE INDIVIDUAL IS DISCHARGED FROM ACTIVE DUTY.

Rep. ALTMAN explained the Bill.

Reps. HARRISON and G.M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11722AC03):
Amend the bill, as and if amended, Section 20-7-87(A) page 1, line 40 by deleting /:/, on line 41 by deleting /(1)/, and on page 2 by deleting item (2) on lines 10-11, so when amended, Section 20-7-87(A) reads:
/(A)   If a person serving in the Armed Forces of the United States, or the National Guard or any other federal or state military organization, is called to active duty in the time of war and that individual is under a duty to pay child support or spousal support pursuant to a court order any reduction in the amount of pay the individual receives due to being called into active duty constitutes a de facto material change of circumstances for the purpose of reducing the individual's child support obligation proportionally. Upon the individual submitting an affidavit to the clerk of family court, and supporting documentation demonstrating the reduction in pay, the clerk, in cases in which the individual pays the support through the family court, or the family court judge, ex parte, in all other cases, shall reduce the individual's child support and spousal support obligation by the amount the same percentage that the individual's pay was reduced.
Renumber sections to conform.
Amend title to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH 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.

H. 3780--POINT OF ORDER

The following Bill was taken up:

H. 3780 (Word version) -- Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, Owens, Sandifer, Sinclair, Vaughn, Viers and Talley: A BILL TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT, FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.

POINT OF ORDER

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.

H. 3939--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3939 (Word version) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SERVERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9809SL03):
Amend the bill, as and if amended, page 2, by deleting Section 44-55-1310, as contained in SECTION 1 in its entirety and inserting:

/ Section 44-55-1310.   As used in this article:

(1)   'Passive soil-based on-site disposal system' means a nongravel, gravity-based, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a single family dwelling unit, without the use of community-wide sewers or a centralized treatment facility.

(2)   'Department' means the South Carolina Department of Health and Environmental Control. /
Amend the bill further, page 2, by deleting Section 44-55-1320, as contained in SECTION 1, in its entirety and inserting:

/ Section 44-55-1320.   A passive soil-based on-site disposal system is authorized for use for collecting, treating, discharging, or reclaiming wastewater or sewage from a single family dwelling unit if the system complies with the requirements of this chapter and with such ordinances as a county or municipality may establish consistent with this chapter. /
Amend the bill further, beginning on page 3, line 41 through line 19 on page 4, by deleting Section 44-55-1330(3)(b), (c), and (d), as contained in SECTION 1 and inserting:

/ (b)   The total trench area of the system, measured as the area bounded by the outermost limits of the system projected to the trench bottom and reported by a recognized third-party testing company, must be at least two-thirds of that required for a conventional gravel system. The system must not be less than three hundred square feet for soils in all classifications. In addition to the above requirement, the system must provide an open bottom area equal to at least one-half the total bottom area of a conventional gravel system or provide delivery of effluent over the entire projected trench bottom. The system also must have a reserve area at least equal to fifty percent of the size of the installed system.

(c)   The absorption area must comply with all other appropriate separation distances, trench location, trench depth, and contour orientation as prescribed in Regulation 61-56. The permitting procedure for these systems will be the same as conventional systems to include site evaluation and final inspection.

(d)   The entire absorption area must be shown on a set of 'as built' diagrams prepared by the department at the time of final inspection to include information identifying the name of the installer, the name of the product manufacturer, and the type or model number of the installed product. /
Amend title to conform.

Rep. OTT explained the amendment.

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

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 8, 2003
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at noon today for the purpose of Ratifying Acts.

Very respectfully,
President

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 8, 2003
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Richland County Master-in-Equity
Term Commencing: April 30, 2003
Term Expiring: April 30, 2009
Seat: Master-in-Equity

Reappointment
The Honorable Joseph M. Strickland
Richland County Master-in-Equity
Post Office Box 192
Columbia, South Carolina 29202
803-748-4811, F 748-4824

Very respectfully,
President of the Senate
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 8, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Martin, Rankin and Hayes of the Committee of Conference on the part of the Senate on H. 3361:

H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 8, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Moore and Alexander of the Committee of Conference on the part of the Senate on H. 3206:

H. 3206 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Stille, Taylor, Bailey, Delleney, Ceips, Walker, Bales, Mahaffey, G. M. Smith, J. E. Smith, Bingham, Sandifer, Toole, Young, Clemmons, Keegan, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, DELETING EXPENDITURES WHEN TAKEN AS A WHOLE AND IN CONTEXT MADE BY A PERSON EXPRESSLY TO URGE A PARTICULAR RESULT IN AN ELECTION, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION SHALL FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.

Very respectfully,
President
Received as information.

REPORT OF STANDING COMMITTEE

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

H. 4173 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 321 IN FAIRFIELD COUNTY THAT BEGINS AT THE INTERSECTION OF UNITED STATES HIGHWAY 321 BUSINESS AND UNITED STATES HIGHWAY 321 BY-PASS ON THE NORTH SIDE OF THE TOWN OF WINNSBORO AND ENDS AT THE FAIRFIELD/CHESTER COUNTY LINE WEBSTER ANDERSON UNITED STATES CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "WEBSTER ANDERSON CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4184 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO MR. JERRY PACE OF BRITTON'S NECK, SOUTH CAROLINA, UPON RECEIVING THE 2003 NATIONAL OUTSTANDING YOUNG FARMER ADVISOR AWARD FROM THE NATIONAL YOUNG FARMER EDUCATIONAL ASSOCIATION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4185 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter and Ott: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS, COACHES, AND OTHER OFFICIALS OF THE CLAFLIN UNIVERSITY WOMEN'S TRACK AND FIELD TEAM FOR WINNING THE 2003 EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE CHAMPIONSHIP, AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4186 (Word version) -- Reps. Sheheen, Clyburn, McLeod, J. E. Smith, G. Brown, Clark, Cobb-Hunter, Coleman, Edge, Emory, Freeman, Gourdine, Harrison, Hayes, Howard, Kennedy, Lourie, Lucas, Merrill, J. M. Neal, Ott, Parks, Rivers, Sinclair, G. M. Smith, Snow and Taylor: A CONCURRENT RESOLUTION TO WELCOME THE BROWN VS. BOARD OF EDUCATION COMMISSION AND ITS STAFF TO SOUTH CAROLINA ON ITS VISIT TO OUR STATE IN JUNE 2003 IN CONNECTION WITH THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THIS LANDMARK UNITED STATES SUPREME COURT DECISION.

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

INTRODUCTION OF BILLS

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

H. 4187 (Word version) -- Reps. Chellis, Young, Cotty and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-815 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2003, THE BOARD OF ECONOMIC ADVISORS ORGANIZATIONALLY SHALL BE A DIVISION OR OFFICE OF THE DEPARTMENT OF REVENUE RATHER THAN A DIVISION OR OFFICE OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE MEMBERSHIP, DUTIES, FUNCTIONS, AND STAFF OF THE BOARD OF ECONOMIC ADVISORS SHALL REMAIN THE SAME.
Referred to Committee on Ways and Means

H. 4188 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Chellis, Hagood, Harrell, Mack, Merrill, Miller, Scarborough, Whipper and Young: A BILL TO PROVIDE THAT EFFECTIVE JULY 1, 2003, DISTRIBUTIONS DUE CHARLESTON COUNTY FROM THE LOCAL GOVERNMENT FUND ($14,120,593 FOR FISCAL YEAR 2002-2003) PURSUANT TO THE STATE AID TO SUBDIVISIONS ACT ARE INSTEAD DISTRIBUTED TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY WHICH MUST USE THESE FUNDS TO ROLLBACK PROPERTY TAXES FOR SCHOOLS.
Referred to Committee on Ways and Means

S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.
Referred to Committee on Education and Public Works

S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 4189 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REMEMBER AND COMMEND THE HEROIC ACTS OF CONGRESSIONAL MEDAL OF HONOR RECIPIENT SERGEANT FIRST CLASS WEBSTER ANDERSON OF FAIRFIELD COUNTY WHO RISKED HIS LIFE ABOVE AND BEYOND THE CALL OF DUTY TO DEFEND HIS COUNTRY IN THE HIGHEST TRADITION OF MILITARY SERVICE.

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

H. 3939--AMENDED AND ORDERED TO THIRD READING

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

H. 3939 (Word version) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SERVERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9809SL03), which was adopted:
Amend the bill, as and if amended, page 2, by deleting Section 44-55-1310, as contained in SECTION 1 in its entirety and inserting:

/ Section 44-55-1310.   As used in this article:

(1)   'Passive soil-based on-site disposal system' means a nongravel, gravity-based, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a single family dwelling unit, without the use of community-wide sewers or a centralized treatment facility.

(2)   'Department' means the South Carolina Department of Health and Environmental Control./
Amend the bill further, page 2, by deleting Section 44-55-1320, as contained in SECTION 1, in its entirety and inserting:

/ Section 44-55-1320.   A passive soil-based on-site disposal system is authorized for use for collecting, treating, discharging, or reclaiming wastewater or sewage from a single family dwelling unit if the system complies with the requirements of this chapter and with such ordinances as a county or municipality may establish consistent with this chapter. /
Amend the bill further, beginning on page 3, line 41 through line 19 on page 4, by deleting Section 44-55-1330(3)(b), (c), and (d), as contained in SECTION 1 and inserting:

/ (b)   The total trench area of the system, measured as the area bounded by the outermost limits of the system projected to the trench bottom and reported by a recognized third-party testing company, must be at least two-thirds of that required for a conventional gravel system. The system must not be less than three hundred square feet for soils in all classifications. In addition to the above requirement, the system must provide an open bottom area equal to at least one-half the total bottom area of a conventional gravel system or provide delivery of effluent over the entire projected trench bottom. The system also must have a reserve area at least equal to fifty percent of the size of the installed system.

(c)   The absorption area must comply with all other appropriate separation distances, trench location, trench depth, and contour orientation as prescribed in Regulation 61-56. The permitting procedure for these systems will be the same as conventional systems to include site evaluation and final inspection.

(d)   The entire absorption area must be shown on a set of 'as built' diagrams prepared by the department at the time of final inspection to include information identifying the name of the installer, the name of the product manufacturer, and the type or model number of the installed product. /
Amend title to conform.

The amendment was then adopted.

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

H. 3939--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. OTT, with unanimous consent, it was ordered that H. 3939 (Word version) be read the third time tomorrow.

H. 4169--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4169 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. OTT explained the Joint Resolution.

POINT OF ORDER

Rep. MERRILL 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.

S. 525--POINT OF ORDER

The following Bill was taken up:

S. 525 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS IN CONTRACTS FOR THE PURCHASE OF VACATION TIME SHARING PLANS AND PROVIDE FOR THE EFFECTIVE DATE OF NOTICE OF CANCELLATION, ESTABLISH NEW PROCEDURES FOR THE DISTRIBUTION OF REFUNDS UPON CANCELLATION OF CONTRACTS AND ESTABLISHMENT AND MAINTENANCE OF ESCROW ACCOUNTS IN THAT CONNECTION, PROVIDE FOR MATTERS TO BE DISCLOSED IN CONTRACTS INCLUDING WARNINGS AGAINST RELIANCE ON THE PURCHASE AS AN INVESTMENT, DELETE THE REQUIREMENT OF AN EXAMINATION FOR REGISTRATION RELATING TO LICENSES FOR SELLERS OF VACATION TIME SHARING PLANS, EXEMPT EMPLOYEES OF THE SELLER FROM LICENSING REQUIREMENTS, PROVIDE FOR VICARIOUS LIABILITY OF THE CONTROLLING SELLER, TIGHTEN PROVISIONS RELATING TO POWERS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION IN CONNECTION WITH THE INVESTIGATION OF AN APPLICATION FOR REGISTRATION OF A TIME SHARING PLAN INCLUDING ASSURANCES AND BONDING AGAINST ENCUMBRANCES, AND MAKE TECHNICAL CHANGES TO CONFORM THE ARTICLE; AND TO AMEND SECTION 27-50-30, RELATING TO EXEMPTIONS IN CONNECTION WITH THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT, SO AS TO EXEMPT FROM THE ACT A TRANSFER OF A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST.

POINT OF ORDER

Rep. SIMRILL 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.

H. 4157--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

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

H. 4157 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-155 SO AS TO PROVIDE THAT ANY PERMIT DECISION MADE BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT OR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IS NOT SUBJECT TO AN AUTOMATIC STAY BY THE FILING OF A NOTICE OF APPEAL AND THAT A STAY MAY ONLY BE ISSUED BY AN ADMINISTRATIVE LAW JUDGE.

H. 4188--RECALLED FROM COMMITTEE ON WAYS AND MEANS

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

H. 4188 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Chellis, Hagood, Harrell, Mack, Merrill, Miller, Scarborough, Whipper and Young: A BILL TO PROVIDE THAT EFFECTIVE JULY 1, 2003, DISTRIBUTIONS DUE CHARLESTON COUNTY FROM THE LOCAL GOVERNMENT FUND ($14,120,593 FOR FISCAL YEAR 2002-2003) PURSUANT TO THE STATE AID TO SUBDIVISIONS ACT ARE INSTEAD DISTRIBUTED TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY WHICH MUST USE THESE FUNDS TO ROLLBACK PROPERTY TAXES FOR SCHOOLS.

OBJECTION TO RECALL

Rep. WITHERSPOON asked unanimous consent to recall S. 487 (Word version) from the Committee on Ways and Means.
Rep. MERRILL objected.

S. 626--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. JENNINGS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:

S. 626 (Word version) -- Senators Fair, Ryberg and Thomas: A JOINT RESOLUTION TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.

SENT TO THE SENATE

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

H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Hagood, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

H. 3563--REJECTED

The following Bill was taken up:

H. 3563 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT A STRAW THAT IS DISTRIBUTED IN A RESTAURANT OR ANOTHER PUBLIC PLACE MUST BE COVERED IN A WRAPPER.

The question then recurred to the passage of the Bill on third reading.

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

Yeas 43; Nays 55

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Ceips                  Clyburn
Cobb-Hunter            Coleman                Emory
Govan                  J. Hines               Howard
Jennings               Kennedy                Lee
Lourie                 Mack                   Mahaffey
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  E. H. Pitts
Rutherford             Scott                  F. N. Smith
J. E. Smith            Snow                   Toole
Tripp                  Umphlett               Weeks
Whipper

Total--43

Those who voted in the negative are:

Altman                 Barfield               Battle
Bingham                Cato                   Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Davenport
Duncan                 Freeman                Hagood
Harrell                Haskins                Herbkersman
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  McCraw
McGee                  Merrill                Owens
Perry                  Phillips               Pinson
M. A. Pitts            Rice                   Sandifer
Scarborough            Sheheen                Simrill
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Townsend               Viers                  White
Whitmire               Wilkins                Witherspoon
Young

Total--55

So, the Bill was rejected.

H. 3914--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3914 (Word version) -- Reps. Vaughn, Allen, Battle, Branham, Cato, Clyburn, Cooper, Gilham, Hamilton, Haskins, Herbkersman, J. Hines, Keegan, Leach, Littlejohn, Loftis, Mahaffey, Moody-Lawrence, Owens, Rice, Richardson, Sinclair, F. N. Smith, J. R. Smith, Taylor, Tripp, Wilkins and Young: A CONCURRENT RESOLUTION TO SUPPORT ACTIVITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE ESTABLISHMENT AND IMPLEMENTATION OF THE STATE'S EARLY ACTION APPROACH FOR COMPLYING WITH THE NEW OZONE STANDARD MANDATED BY THE FEDERAL GOVERNMENT THROUGH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY; TO ESTABLISH DATES AND MILESTONES FOR PLAN IMPLEMENTATION; AND TO PROVIDE FOR THE ESTABLISHMENT OF AN INTERGOVERNMENTAL WORKGROUP FOR THE PURPOSE OF PROMOTING BEHAVIORS AND POLICIES TO REDUCE AIR POLLUTION THROUGHOUT THE STATE OF SOUTH CAROLINA.

Whereas, air quality has an impact on the health, environment, economy, and quality of life of the citizens of South Carolina; and

Whereas, ground-level ozone is a contributing factor to asthma attacks and approximately 204,000 adults and 77,000 children suffer annually from asthma in South Carolina; and

Whereas, ground-level ozone reduces all species of agricultural yields, increases plant vulnerability to disease, pests, harsh weather, and other environmental stresses; and

Whereas, ground-level ozone can be a limiting factor for new and expanding industry due to strict permitting requirements, which results in losses of capital investment and lost jobs and may dramatically effect the tourism industry in South Carolina; and

Whereas, in 1997, EPA promulgated an 8-hour ozone standard to replace the 1-hour ozone standard in an effort to be more protective of public health, resulting in a suit brought by the industry groups of several states; and

Whereas, after the litigated issues since being resolved, EPA is ready to implement the new standard by a date no later than April 2004; and

Whereas, areas deemed by EPA as not attaining the standard will be, at a minimum, required to follow federal prescriptive programs such as non-attainment "New Source Review" which affects industrial permitting; and ''Transportation Conformity" which could severely restrict federal fund expenditures for road and other transportation projects; and

Whereas, the EPA has provided an option for areas like those in South Carolina to obtain cleaner air sooner than federally mandated and avoid the federal prescriptive measures by requiring an expeditious time line for achieving emissions reductions sooner than expected under the 8-hour ozone implementation rulemaking, and by providing "fail-safe" provisions for the areas to revert to the traditional State Implementation Plan (SIP) process if specific milestones are not met; and

Whereas, on August 23, 2002, DHEC published in the State Register a Notice of Drafting regarding the development and implementation of such an early action SIP, then held six public meetings throughout the State during the month of October 2002, which included the general public, industry representatives, environmental interest groups, federal, state, and local government each of which has been and will continue to be involved in the planning process; and

Whereas, as of December 31, 2002, forty-five counties, DHEC, and EPA have agreed to participate in the "Early Action Plan". Now, therefore,

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

(A)   That the General Assembly declares that is the policy of the State of South Carolina that the Department of Health and Environmental Control implement to its fullest extent, Ozone Early Action Compacts, to include the local county governments, DHEC and the EPA as signatory parties, agreeing to work together to develop and implement local and state early action plans while actively involving the other stakeholders.

(B)   The General Assembly recognizes that, by signing the compacts, EPA is agreeing to not require participating areas to implement the federal measures previously mentioned. The key dates for this approach are to have an early action SIP to EPA by December 2004, necessary control measures in place by April 2005, and measured ozone values that comply with the standard by December 31, 2007. If this is accomplished, the areas should be re-designated as attainment and no additional requirements should be imposed. However, areas that enter into the compact but do not meet all of the terms of the compact should forfeit participation and be subjected to any federal requirements for their area.

(C)   The General Assembly finds that it is critical that South Carolina demonstrate a leadership role for both the public and private sectors in developing and implementing proactive and innovative approaches to reduce emissions of ozone-forming air pollutants that will serve as a key component in the early actions State Implementation Plan.

In order to provide the necessary leadership and to reduce the number of days when ozone levels are high thus reducing the health and environmental risks, the Department of Health and Environmental Control is encouraged to establish and implement innovative approaches to reduce ozone-forming air pollutants. These include but are not limited to:

(1)   the creation and coordination of voluntary work groups of citizens, industry, and all governmental entities;

(2)   the provision of educational opportunities such as workshops, printed material, and technical assistance aimed at reducing levels of ozone forming air pollutants; and

(3)   the development of tools to be used by governmental entities as a reporting mechanism for initiatives implemented by the respective agency. The tools may include at a minimum, a listing of initiatives adopted/implemented by governmental entities to reduce emissions of ozone forming air pollutants. The information will be compiled by the department or an established work group and used as a key component of the 8-hour ozone early action State Implementation Plan.

Be it further resolved that a copy of this resolution be forwarded to the Governor, Department of Health and Environmental Control, Environmental Protection Agency, and the associations representing counties and municipalities in the State.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9806SL03), which was adopted:
Amend the concurrent resolution, as and if amended, pages 2 and 3, by deleting paragraph (A), beginning on line 40, and inserting the following:
/ (A)   That the General Assembly declares that it is the policy of the State of South Carolina that the Department of Health and Environmental Control encourage voluntary compliance with Ozone Early Action Compacts, to include the local county governments, DHEC, and the EPA as signatory parties, agreeing to work together to develop and implement local and state early action plans while actively involving the other stakeholders. /
Amend title to conform.

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

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

MOTION PERIOD

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

H. 3701--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, May 13, which was adopted:

H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.

H. 3378--DEBATE ADJOURNED

The following Bill was taken up:

H. 3378 (Word version) -- Reps. Kirsh, F. N. Smith and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-15 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AS PROVIDED BY LAW SHALL BE DEVOLVED UPON THE STATE SUPERINTENDENT OF EDUCATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9799SD03):
Amend the bill, as and if amended, by deleting Section 59-5-15 of the 1976 Code, as contained in SECTION 1, and inserting:
/ "Section 59-5-15.   Notwithstanding any other provision of law, beginning July 1, 2003, the powers and duties of the State Board of Education as provided by law shall be devolved upon the State Superintendent of Education. However, the powers and duties relating to charter school appeals and other appeals currently heard by the State Board of Education shall be devolved upon the Administrative Law Judge Division. Additionally, the Administrative Law Judge Division is granted jurisdiction to hear and determine matters relating to teacher certification suspension and revocation." /
Amend title to conform.

Rep. WALKER explained the amendment.

Rep. OTT moved to adjourn debate on the Bill until Tuesday, May 13, which was agreed to.

H. 3686--DEBATE ADJOURNED

The following Bill was taken up:

H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5432CM03):
Amend the bill, as and if amended, Section 56-19-48(B), as contained in SECTION 1, page 1, by inserting after the / . / on line 40
/ The insurance company must pay the title fee contained in Section 56-19-420. /
When amended Section 56-19-480(B) shall read:
/SECTION   1.   Section 56-19-480(B) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(B)   If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. Notwithstanding another provision of law, when an insurance company obtains title to a vehicle from settling a total loss claim, the insurance company may obtain a title to the vehicle designated as 'salvage'. The insurance company must pay the title fee contained in Section 56-19-420." /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

Rep. SCOTT moved to adjourn debate on the Bill until Tuesday, May 13, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

S. 228--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 228 (Word version) be read the third time tomorrow.

OBJECTION TO RECALL

Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 3071 (Word version) from the Committee on Judiciary.
Rep. SIMRILL objected.

MOTION ADOPTED

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

RATIFICATION OF ACTS

At 12:00 noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R65, S. 203 (Word version)) --Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: AN ACT TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77 SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH SPECIFIED PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY, AND SOCIALLY DISADVANTAGED STUDENTS.

(R66, S. 224 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE.

(R67, S. 360 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.

(R68, S. 419 (Word version)) -- Senators J. V. Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: AN ACT TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.

(R69, S. 447 (Word version)) -- Senators J. V. Smith, Alexander, Reese and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.

(R70, S. 463 (Word version)) -- Senators Leatherman and Patterson: AN ACT TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT TO RETAIN THE PROCEEDS OF ANY SALE OF THE PROPERTY.

(R71, S. 479 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY TRAINING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2730, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R72, S. 497 (Word version)) -- Senators Hayes, Peeler and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR MARKET VALUE OF THE AIRCRAFT.

(R73, S. 552 (Word version)) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.

(R74, S. 564 (Word version)) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 12, ACT 176 OF 1977.

(R75, S. 648 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2825, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R76, H. 3218 (Word version)) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

(R77, H. 3233 (Word version)) -- Reps. Talley, Altman, Walker and Clemmons: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

(R78, H. 3303 (Word version)) -- Reps. Duncan, M.A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: AN ACT TO AMEND SECTION 50-11-310(E), AS AMENDED, OF THE 1976 CODE, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.

(R79, H. 3613 (Word version)) -- Reps. Duncan, Coates, M.A. Pitts and Witherspoon: AN ACT TO AMEND SECTION 50-11-2570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO TAKE OR CAPTURE DESTRUCTIVE FURBEARING ANIMALS OR OTHER DESTRUCTIVE GAME ANIMALS, SO AS TO FURTHER PROVIDE FOR THE RESTRICTIONS ON SUCH PERMITS AND REPORTING REQUIREMENTS PERTAINING TO THE PERMITS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THERE IS NO CLOSED SEASON FOR BEAVER ON PRIVATE LANDS; AND TO REPEAL SECTION 50-11-130 RELATING TO PENALTIES FOR HUNTING WITH FIREARMS IN GAME ZONE 9 DURING SPECIFIC TIMES.

(R80, H. 3722 (Word version)) -- Reps. Jennings, Bales and Limehouse: AN ACT TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VISUAL IMAGES, VIDEOS, AND AUDIO RECORDINGS OF OR RELATED TO AN AUTOPSY MAY BE VIEWED, OR DISSEMINATED AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE CIRCUMSTANCES IN WHICH PHOTOGRAPHS AND VIDEOS OF AND RELATED TO THE PERFORMANCE OF AN AUTOPSY MAY BE VIEWED, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH CERTAIN VISUAL IMAGES AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED AND USED.

(R81, H. 3743 (Word version)) -- Rep. Anthony: AN ACT TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE UNION COUNTY BOARD OF TRUSTEES ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.

(R82, H. 3837 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.

(R83, H. 3902 (Word version)) -- Reps. Witherspoon, Duncan, M.A. Pitts, Taylor and Umphlett: AN ACT TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS, UNITED STATES DEPARTMENT OF INTERIOR FISH AND WILDLIFE SPECIAL AGENTS, AND UNITED STATES NATIONAL MARINE FISHERIES SPECIAL AGENTS.

(R84, H. 3906 (Word version)) -- Rep. Keegan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

(R85, H. 3927 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R86, H. 3933 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R87, H. 3934 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

MOTION NOTED

Rep. HOWARD moved to reconsider the vote whereby H. 3563 (Word version) was rejected on third reading and the motion was noted.

ADJOURNMENT

At 12:15 p.m. the House, in accordance with the motion of Rep. TRIPP, adjourned in memory of Gertrude White of Piedmont, to meet at 10:00 a.m. tomorrow.

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