House Journal for Jan. 16, 2007 - South Carolina Legislature Online

TUESDAY, JANUARY 16, 2007

Indicates Matter Stricken

Indicates New Matter

The House assembled at 12:00 noon.

Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 123:2: “Our eyes look to the Lord our God.”

Let us pray. Remind us, O God, that all good things come from You. Direct our lives to always look to You for guidance in making decisions to enhance the lives of the people we serve. Grant these Representatives and staff the courage, integrity and compassion to promote the welfare of our State. Look in favor upon our Nation, President, State, Governor, Speaker and all who serve. Protect our defenders of freedom as they protect us. Lord, in Your mercy, hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Thomas Alfonzo (T.A.) Hammond, which was agreed to.

REPORT RECEIVED

The following was received:

Judicial Merit Selection Commission

To:Members of the General Assembly

From:James H. Ritchie, Jr., Chairman

Judicial Merit Selection Commission

Re:Changes to Report of Candidate Qualifications

Date:January 16, 2007

Enclosed are errata sheets for your copy of the Judicial Merit Selection Commission’s Report of Candidate Qualifications.

Please insert these sheets to replace pages in your copy of the report. Thank you for your attention to this request.

The changes made to the Report of Candidate Qualifications are as follows:

Robert E. Newton Report

Robert E. Newton

Family Court for the Eleventh Judicial Circuit, Seat 2

Commission’s Findings:QUALIFIED AND NOMINATED

(1)Constitutional Qualifications:

Based on the Commission’s investigation, Mr. Newton meets the qualifications prescribed by law for judicial service as a Family Court judge.

Mr. Newton was born in 1964. He is 42 years old and a resident of Saluda County, South Carolina. Mr. Newton 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 1989.

Charles R. Goude Report

Charles R. Goude

Family Court for the Fifteenth Circuit, Seat 1

Commission’s Findings:QUALIFIED AND NOMINATED

(1)Constitutional Qualifications:

Based on the Commission’s investigation, Mr. Goude meets the qualifications prescribed by law for judicial service as a Family Court judge.

Mr. Goude was born in 1950. He is 56 years old and a resident of Hemingway, South Carolina. Mr. Goude 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 1979.

(2)Ethical Fitness:

The Commission’s investigation did not reveal any evidence of unethical conduct by Mr. Goude.

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

Mr. Goude 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. Goude 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. Goude to be intelligent and knowledgeable. His performance on the Commission’s practice and procedure questions met expectations.

Mr. Goude described his past continuing legal or judicial education during the past five years as follows:

“(a)Attended more than mandatory hours of CLE;

(b)Attended South Carolina Bankruptcy Lawyers Association annual conventions 2005 and 2006;

(c)Attended National Consumer Bankruptcy Lawyers Association annual conventions 2005 and 2006;

(d)Generally attend the annual South Carolina Public Defenders Association convention usually held in Charleston, SC. I was unable to attend this year 2006.”

Mr. Goude reported that he has taught the following lawrelated courses:

“Taught paralegal and criminal justice courses at Georgetown, SC, branch of Horry-Georgetown TEC, for couple of years at night school in mid-late 1980s.”

Mr. Goude reported that he has not published any books and/or articles.

(4)Character:

The Commission’s investigation of Mr. Goude revealed a public reprimand issued in 1988. The Commission thoroughly questioned him about this matter at the Public Hearing and determined that Mr. Goude possessed the requisite character and temperament to serve as a judge. The Commission’s investigation of Mr. Goude did not indicate any evidence of a troubled financial status. Mr. Goude has handled his financial affairs responsibly.

Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 3002

Agency: Department of Health and Environmental Control

Statutory Authority: 1976 Code Section 44-1-140

Shellfish

Received by Speaker of the House of Representatives

January 20, 2006

Referred to Agriculture, Natural Resources and Environmental Affairs Committee

Legislative Review Expiration May 20, 2006

Withdrawn and Resubmitted January 11, 2007

HOUSE RESOLUTION

The following was introduced:

H. 3242 -- Rep. Sandifer: A HOUSE RESOLUTION TO COMMEND MRS. ANNE CRENSHAW DODD, OCONEE COUNTY TREASURER, FOR HER OUTSTANDING SERVICE UPON THE OCCASION OF HER RETIREMENT AND TO WISH FOR HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3243 -- Reps. E.H.Pitts and Haley: A HOUSE RESOLUTION TO CONGRATULATE THE STUDENTS, TEACHERS, ADMINISTRATORS, AND STAFF OF LEXINGTON HIGH SCHOOL IN LEXINGTON, SOUTH CAROLINA, ON THEIR

SCHOOL'S RECOGNITION AS A NATIONAL BLUE RIBBON SCHOOL FOR 2006.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3244 -- Rep. J.E.Smith: A BILL TO AMEND SECTION 12-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT TO COLLECT AN OUTSTANDING LIABILITY OWED TO A GOVERNMENTAL ENTITY, SO AS TO LIMIT THE DEPARTMENT'S WAGE GARNISHMENT POWERS TO COLLECTION OF AN OUTSTANDING TAX LIABILITY AND TO DEFINE "OUTSTANDING TAX LIABILITY OWED A GOVERNMENTAL ENTITY".

Referred to Committee on Ways and Means

H. 3245 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS COMMITTEE INVESTIGATIONS AND HEARINGS, SO AS TO DELETE THE REQUIREMENT THAT INVESTIGATIONS AND RECORDS RELATING TO A PRELIMINARY INVESTIGATION ARE CONFIDENTIAL, TO ALLOW PUBLIC RELEASE OF INVESTIGATIONS AND RECORDS IF A RESPONDENT REQUESTS THEIR RELEASE OR THE COMMITTEE RENDERS A PUBLIC OPINION, AND TO CREATE A PENALTY FOR WILFUL RELEASE OF CONFIDENTIAL INFORMATION; TO AMEND SECTIONS 8-13-710 AND 8-13-1120, BOTH AS AMENDED, BOTH RELATING TO CONTENTS OF A STATEMENT OF ECONOMIC INTERESTS, SO AS TO REQUIRE DISCLOSURE OF ANYTHING OF VALUE WORTH A SPECIFIED AMOUNT GIVEN UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 8-13-1302, AS AMENDED, RELATING TO CAMPAIGN RECORDS, SO AS TO DELETE THE REQUIREMENT THAT A CANDIDATE DISCLOSE THE OCCUPATION OF A DONOR; TO AMEND SECTION 8-13-1320, AS AMENDED, RELATING TO CONTRIBUTIONS MADE AFTER A PRIMARY, SPECIAL, OR GENERAL ELECTION, SO AS TO ALLOW A DONOR TO DESIGNATE THAT A CONTRIBUTION APPLY TO THE NEXT ELECTION; AND TO AMEND SECTION 8-13-1510, AS AMENDED, RELATING TO PENALTIES, SO AS TO ALLOW THE APPROPRIATE SUPERVISORY AUTHORITY TO WAIVE THE CIVIL PENALTY IN ITS DISCRETION.

Without Reference

H. 3246 -- Rep. G.M.Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-135 SO AS TO PROVIDE THAT A COURT MAY DISMISS WITH PREJUDICE A CIVIL ACTION PERTAINING TO A PRISONER'S INCARCERATION OR APPREHENSION AS FRIVOLOUS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE COURT'S ORDER OF DISMISSAL MUST CONTAIN A FINDING THAT THE ACTION WAS FRIVOLOUS; AND TO AMEND SECTION 24-27-300, RELATING TO THE OFFENSE OF CONTEMPT OF COURT, SO AS TO DELETE THE SENTENCE THAT A PERSON MAY RECEIVE WHEN HELD IN CONTEMPT OF COURT, AND TO LIMIT THE NUMBER OF CIVIL ACTIONS A PRISONER MAY FILE WHICH RELATES TO HIS INCARCERATION OR APPREHENSION.