Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O Lord our God, the Inspiration of all that is good, beautiful and true, as we pause at this wayside altar of prayer, we are haunted by duties unperformed, promptings disobeyed, and beckonings ignored. We need Your help in the problems that beset us: the problem of selfishness which we call self-interest, greed sometimes referred to as profit, license disguising as liberty, materialism which is often the hook baited with security. In this age of mechanical wonders, of automatic devices, clever gadgets, ingenious machines, save us from making these of ultimate importance. Instead may our supreme effort be to keep our honor untarnished, promises sacredly kept, and spiritual verities lifted high.

We pray in Your holy Name. 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.

The following was received.

May 18, 1987
The Honorable Robert J. Sheheen
Speaker of the House
The Blatt Building
Columbia, South Carolina 29211

Dear Mr. Speaker:

This is in reference to H. 2794, a bill which allows deductions from the compensation of state employees for the payment of membership dues in the South Carolina State Employee's Association.

Please be advised that I have decided to allow H. 2794 to become a law without my signature. The reason I chose not to sign this bill is my fundamental philosophy against allowing dues checkoff for public employees. The checkoff procedure has served in many instances outside our state as a mechanism for providing the financial basis for unionization of public employees. South Carolina has avoided this in the past, and I very strongly believe nothing should be done to jeopardize this continuation into the future of that positive aspect of our history.

While I could have vetoed H. 2794, three major considerations convinced me to allow it to become law.

First, the bill simply reiterates the existing law and public policy of our state. As such, it does not mark a significant departure from the status quo.

Second, the State Employee's Association has been a responsible organization in South Carolina. Our fine state employees want a positive, cooperative employee-employer relationship, and the Association's leadership reflects that desire. I see nothing to indicate this will change in the future.

Third, and most important, the legislation contains a strict penalty for the employee's association if it engages in collective bargaining or encourages its members to strike. In the unlikely event this would occur, the infusion of funds to the Association from dues checkoffs would cease. Based on these reasons, I decided to allow H. 2794 to become law without my signature. However, I must say, without equivocation, that I will look with great disfavor on any new legislation in this area.

Yours sincerely,

Carroll A. Campbell, Jr.
Governor

Received as information.

The following was received.

May 13, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 847)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 13, 1987 regulations concerning Lending Practices from the Jobs-Economic Development Authority.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

The following was received.

TO:             CLERK OF THE SENATE

CLERK OF THE HOUSE

FROM:     THE JOINT LEGISLATIVE SCREENING COMMITTEE TO REVIEW APPLICANTS FOR THE SOUTH CAROLINA STATE BOARD OF SOCIAL SERVICES

DATE:     MAY 13, 1987

In compliance with the provisions of Act 119, of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Donald H. Holland

Chairman

Pursuant to Act 119 of 1975, this committee was organized to consider the qualifications of candidates seeking election to the South Carolina State Board of Social Services from the First, Third and Fifth Congressional Districts. The Joint Legislative Screening Committee submits the names as follows:

Mr. Sidney T. Collins     Mr. Herman L. Dwight, Jr.
Businessman & Navy     Educator
Retiree         Route 1, Box 38A
467 Riverland Drive     Reevesville, SC 29471
Charleston, SC 29412

Mrs. Dolores S. Greene     Mrs. Beatrice M. Jones
Exec. Dir. Reid House     Homemaker
204 Sans Souci Street,     Post Office Box 352
Apt. 2D     Hardeeville, SC
Charleston, SC 29403     29927-0352

Mr. Junior Ponds
County DSS Director (retiring in June)
221 Carolina Circle
Walterboro, SC 29488

Mrs. Betty C. Davenport

Business Consultant

Post Office Box 142

Anderson, SC 29622

Mr. Eric A. Bouchard     Dr. Agnes H. Wilson
Hospital Administration     Retired Educator
16-D Pepper Ridge Drive     Post Office Box 482
Lugoff, SC 29078     Sumter, SC 29150

This committee has investigated each of the applicants, having conducted a public hearing on April 29, 1987. The committee has duly considered the legal qualifications of each of the applicants. Based thereon, the committee finds all of the nominees to be legally qualified as candidates for the State Board of Social Services.

/s/Senator Donald H. Holland,         CHAIRMAN
/s/Senator Frank H. McGill
/s/Senator Ryan C. Shealy
/s/Senator Thomas L. Moore
/s/Representative Parker Evatt,             VICE CHAIRMAN
/s/Representative Robert L. Helmly
/s/Representative B.L. Hendricks. Jr.
/s/Representative G. Ralph Davenport

HOLLAND: There are eight (8) of us on this Panel. The Senators will be here shortly that can come. Senator McGill, who has been a member of this Panel for many years, as his colleagues know has been real sick and he is not going to be here today. Senator Tom Moore is on his way and Senator Ryan Shealy is the other member of the committee. We have a new member of the committee, I believe, Mr. Davenport from Greenville County...

DAVENPORT: Spartanburg.

HOLLAND:...Spartanburg County and Mr. B. L. Hendricks, an old veteran of the committee. For the benefit of those of you, other than the incumbents, this is what's known as the Screening Committee for the Department of Social Services Board. Up until 1975 roughly...
HENDRICKS: You can come in Senator.
SHEALY: Mr. Chairman, can I be excused for two (2) more minutes while I run down to the Finance Committee to report where I am.
HOLLAND: Two and a half (2-1/2) minutes. As I said, this committee, of course, is established under the Act to review candidates who seek office, who seek to serve on certain boards, commissions, colleges, universities, Social Services, Health and Human Services and all the others, must now be screened by a Joint Screening Committee. This has come about because of the fact that years ago we had people who were elected to serve on the boards and commissions who were not qualified, or maybe did not live within the district and many other things. I guess a lot of this came out of Watergate or some of the after effects of it, but we have to go through the process. I am Don Holland from Kershaw County and the other members of the committee here, of course, as I said are Mr. Hendricks, Mr. Davenport and Mr. Helmly. This is Ms. McMillan who is the attorney for this committee and several other committees in the screening process. And, Ms. Harmon here is the administrative assistant for this committee. We want, of course, to move along as quickly as we can, but still want to do a good job, to ask the questions we have to have and to get the information we need to have. Now we are going to start off with the First Congressional District. We have the candidates from the First Congressional District in alphabetical order and Mr. Sidney Thomas Collins, if you will come around and if your microphone is on, we will...Ms. McMillan has certain questions that she will ask you to meet the requirements of the statute. OK. Before you are seated, would you raise your hand, please sir. Do you affirm that the testimony you give before this public hearing today will be the truth, the whole truth and nothing but the truth, so help you, God?

COLLINS: I do.

HOLLAND: Have a seat.

McMILLAN: Mr. Collins, would you please answer for the committee... Where do you now reside?

COLLINS: In Charleston, South Carolina, on James Island.

McMILLAN: Have you been hospitalized, or had any serious illness, or medical problem in the past year?

COLLINS: No, I haven't.

McMILLAN: To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office?

COLLINS: I do not.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of this office?

COLLINS: I do not.

McMILLAN: Do you have any business obligations, be it employment or other commitments, that would prohibit you from attending the meetings and putting in the time needed to serve in this office?

COLLINS: I do not.

McMILLAN: There are a couple of questions under the ethics law I would like to ask you, please sir. Do you, or your family, have any business interests that would present a conflict of interest in your holding this position?

COLLINS: No ma'am.

McMILLAN: Are you, or any of your family, related to anyone affiliated with the Department of Social Services?

COLLINS: Not to my knowledge.

McMILLAN: Have you ever been discharged from any employment?

COLLINS: None.

McMILLAN: I have no further questions, Mr. Chairman.

HOLLAND: Mr. Collins, let me ask you one or two questions. Your occupation is what?

COLLINS: I am retired...

HOLLAND: From what?

COLLINS: I am retired from the United States Navy and I am retired also, from Civil Service Employment. Mr. Chairman, I have a statement that I would like to read.

HOLLAND: Well, we have asked for the statement and if you want to read it that is fine, if you want to hand it up for the...

COLLINS: It is a copy of what I have already mailed to your office.

HOLLAND: OK. How many pages is it?

COLLINS: It is only a page and a half.

HOLLAND: What is the will of the committee? I'll entertain a motion. Do you want to hear the statement or receive it for the record? Bob (Mr. Helmly), you are the one under the gun over across the way.

HELMLY: Mr. Chairman, is it the same statement that we have here in our folder?

COLLINS: This is just a copy, sir. (Mr. Collins statement attached. See Appendix A.)

HOLLAND: Would you move we receive the statement for the record?

HELMLY: I think so, yes sir.

HOLLAND: Any objections to that? Any questions of Mr. Collins by any other member of the committee?

HELMLY: Unless the gentleman really wants to.

HOLLAND: OK. Any questions of Mr. Collins by any other member of the committee? Yes sir, Mr. Helmly.

HELMLY: Mr. Collins, the service on the Board of the Department of Social Services calls for a considerable amount of compassion. Likewise, calls for considerable judgment on how we spend very large sums of money. Would you mind telling us what motivates you to serve on this Board?

COLLINS: The motivation comes from my experience in the Navy and also, in Civil Service. I've had employment in the Navy in the Medical Department that I had authorization and responsibility for large sums of money in supplies. I used to buy most all logistics for an entire hospital at Charleston and after that, I had over a four million ($4,000,000.00) dollar annual budget. I know that's trivial compared to the budget that DSS spends, however, it was a large sum there. But the motivation in regard to human resources, my own family, we had quite a bit of illness and I had to take care of them for some years.

SHEALY: Mr. Chairman.

HOLLAND: Yes sir, Senator Shealy.

SHEALY: Mr. Collins, I see that you were a dropout as a youngster...

COLLINS: That's true, sir.

SHEALY:...and you were in the Navy.

COLLINS: I was, sir.

SHEALY: Well, that parallels my experience.

COLLINS: It is also written there, sir, after I was a dropout that I went on to become an owner of my own company. I, also, acquired college courses and...Yes sir.

HOLLAND: Any other questions?

HENDRICKS: Mr. Collins, you said you owned your own business. What was that? I didn't get that information.

COLLINS: I still own my company. I'm a general contractor. I build homes not for public sale, but I build homes to add to my own assets. We manage property. The property we manage is our own property. We don't care to...I have no property for sale.

HENDRICKS: There would be no conflicts in any way with that.

COLLINS: No sir.

HOLLAND: Mr. Collins, of course, I don't think this would disqualify you as to serving. You are a registered elector? You do vote, don't you?     COLLINS: I do indeed, yes sir.

HOLLAND: We have had a few that come through here and don't vote and...

COLLINS: Don't count me among that group.

HOLLAND: I don't think that disqualifies them, but it certainly makes us want to scratch our head about them, I'll tell you that.

COLLINS: I think one of our visitors here in the chamber today would vouch for the fact that I have voted on many occasions, and I have been a candidate on two (2) occasions. Once for the State Legislature and also, once for County Council -- the County of Charleston. I'm a little bit too conservative, I think, for the voters, however, the County Council run that I made was... I made him breathe heavy. I think she would attest to that.

HOLLAND: I have no further questions. Any further questions of Mr. Collins? You may be excused.

COLLINS: Thank you, sir.

HOLLAND: Mr. Herman L. Dwight, Jr... Ms. McMillan, was he given proper notice to be here?

McMILLAN: Yes sir.

HOLLAND: Did you receive any statement from him?

McMILLAN: No sir.

HOLLAND: Let the record show that Mr. Dwight was advised of the time of the meeting and he is not present today. The next candidate, Mrs. Dolores S. Greene. Mrs. Greene, would you remain standing and hold up your right hand, please? (Oath Administered.)

GREENE: I do.

HOLLAND: Have a seat. Ms. McMillan.

McMILLAN: Mrs. Greene, would you please tell us where you now reside?

GREENE: In Charleston, the City of Charleston.

McMILLAN: Have you been hospitalized, or had any serious illness, or medical problem in the past year?

GREENE: No.

McMILLAN: To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office which you are now seeking?

GREENE: No.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of this office?

GREENE: No.

McMILLAN: Do you have any business obligations, be it employment or other commitments, that would prohibit you from attending the meetings and putting in the necessary time?

GREENE: No.

McMILLAN: There are a couple of questions under the ethics law I'd like to ask you. Do you, or your family, have any business interest that would present a conflict of interest in your holding this position?

GREENE: No.

McMILLAN: Are you, or any of your family, related to anyone affiliated with DSS?

GREENE: No.

McMILLAN: Have you ever been discharged from any employment?

GREENE: No.

McMILLAN: I think we noted that you are currently on the County Board, is that correct?

GREENE: That's correct.

McMILLAN: OK.

HOLLAND: Mrs. Greene... Did you (Ms. McMillan) ask the questions required by 43-1-25 in regard to "No Member of the State Board of Social Services, directly or indirectly, (a) individually, (b) as a member of a partnership or of an association, (c) as a member or stockholder of a corporation that does business with DSS?"

McMILLAN: Do you want to me ask these questions?

HOLLAND: Yes, ask these three (3) things.

McMILLAN: Does a member of your family directly, or indirectly, or individually, have any kind of interest, or do any business with the Department of Social Services -- any kind of contracts with the Department of Social Services?

GREENE: No.

McMILLAN: What about the business that you are affiliated with? Would they happen to have...

GREENE: The agency that I'm affiliated with?

McMILLAN: The agency, yes.

GREENE: No, we do not do any business with the Department of Social Services.

HOLLAND: Let me ask her this. Mrs. Greene, you are employed by who?

GREENE: Reid House of Christian Service.

HOLLAND: What is your role with this group?

GREENE: I am the director. It's a private non-profit agency administered by the AME Church.

HOLLAND: Does it get funds from any State Agency?

GREENE: We receive funds from Health and Human Services Finance Commission.

HOLLAND: Do you know roughly the amount?

GREENE: Nine thousand ($9,000.00) dollars.

HOLLAND: This money comes from Health and Human Resources?

GREENE: That's correct.

HOLLAND: What manner is it used by Reid?

GREENE: We have a social services agency and it provides services to senior citizens, adult day care and medical day care.

HOLLAND: Is your agency in any way licensed by the Department of Social Services?

GREENE: Not by the Department of Social Services, no. We are licensed by the Department of Health and Environmental Control.

HOLLAND: OK. You are licensed by DHEC, instead of the Department of Social Services. You draw no renumeration directly from the Department of Health and Human Resources, or from the Department of Social Services, or from the Department of Health and Environmental Control, is that right...

GREENE: No, any money that my agency receives is funded to the agency and I am an employee.

HOLLAND: OK. Any questions by any other members of the committee? Mr. Helmly.

HELMLY: Mrs. Greene, I noticed you are on the County Board of Social Services.

GREENE: Yes.

HELMLY: How would you rate your attendance record?

GREENE: I would indicate that I have attended just about every meeting. I'm always there and if I am not there, then I'm excused and explain why I will not be there. I consider that very important to be there.

HOLLAND: Any other questions?

SHEALY: Mr. Chairman.

HOLLAND: Yes sir, Senator Shealy.

SHEALY: I don't believe our qualifying them allows us to go into questions of philosophy, does it?

HOLLAND: Not too much.

SHEALY: I'd just like to know...

HOLLAND: You can go as far as I let you.

SHEALY:...I'd like to know what her opinion of the workfare proposal is?

GREENE: I think that that's coming to South Carolina -- that's one of the reasons why I am interested in being involved with DSS on the State level. I feel that what the State of South Carolina will have to do is look at how that will impact on DSS in the State and I feel that most people want to work, and if given the support services that they need in order to do it they will.

HOLLAND: Any further questions, Senator Shealy?

SHEALY: No.

HENDRICKS: Since she is on the County Board, you would have to resign that spot if you were elected.

GREENE: That is correct.

HOLLAND: Mr. Davenport, any questions?

DAVENPORT: Do you feel that our present services that are initiated through DSS are sufficient to the needs of the people of the State?

GREENE: I feel that the DSS is addressing the needs. I feel that it's human services that needs changes, so I feel that we have to constantly be looking at it. I don't think you can ever say that everything is being done that should be done. It's a constant looking at -- a constant changing, but I feel that the State Department of Social Services are addressing those issues in the State.

HOLLAND: You gave us a statement that's required by the statute.

GREENE: Yes, I did. (Mrs. Greene's statement attached. See Appendix B.)

HOLLAND: You have the statement. No further questions. Thank you very much, Mrs. Greene.

GREENE: Thank you.

HOLLAND: The next candidate... Are you, by the way, Mr. Herman L. Dwight?

DWIGHT: Yes sir, I am.

HOLLAND: We had reached you and bypassed you. By the will of the committee we will now ask you to come forward and let us ask you a few questions. Before you are seated, will you hold up your right hand, please? (Oath administered.)

DWIGHT: Yes, I do.

HOLLAND: Have a seat. Mr. Dwight, let me say this to you. You were not here, but this is a committee established by statute in this State to review people who seek to be elected to the Board of Social Services in this State. There were certain things that we asked all people to give us, to furnish us with their notice of intent to run -- another was a written statement of the testimony of what you plan to give us today. Did you do that?

DWIGHT: No, I did not.

HOLLAND: That is not an exacting requirement, but we had anticipated it as we had notified you to give us a statement as required by the Act. But I will entertain a motion to waive that and let's examine him. He is here. He is present to be considered as an applicant or a candidate.

SHEALY: So move, Mr. Chairman.

HOLLAND: Any objection to it? Now, Mr. Dwight, this lady here is Mrs. McMillan or Ms. McMillan, I want to call her Mrs. all the time, who is the attorney for this committee. She has certain questions she must ask you and you answer them to the best of your ability.

McMILLAN: Mr. Dwight, where do you now reside?

DWIGHT: Well, I am currently employed at Charleston County school system.

McMILLAN: Would you please tell us where do you live?

DWIGHT: Well, I live in Dorchester County which is a little town called Reevesville, about ten (10) miles on the west side of St. George.

McMILLAN: OK. Have you been hospitalized, or had any serious illness, or medical problem within the past year?

DWIGHT: No, I haven't.

McMILLAN: To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office you are now seeking?

DWIGHT: No, I do not.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of this office?

DWIGHT: No, I do not.

McMILLAN: Do you have any business obligations, be it employment or other commitments, that would prohibit you from attending the meetings and putting in the time needed to serve in this office?

DWIGHT: Yes, I do have a business, but the business would not interfere with the meetings. My father and I, we also have a plumbing company and there are certain meetings and requirements that I have to do, but I would think that it does not require with this Board.

McMILLAN: There are a couple of questions under the ethics law I'd like to ask you. Do you, or your family, have any business interest that would present a conflict of interest in your holding this position?

DWIGHT: No, I do not.

McMILLAN: Are you, or any of your family, related to anyone affiliated with the Department of Social Services?

DWIGHT: Not to the best of my knowledge.

McMILLAN: Have you ever been discharged from any employment?

DWIGHT: No, I haven't.

McMILLAN: Mr. Chairman, I have no further questions.

HOLLAND: Mr. Dwight, you are employed with the Charleston County school...

DWIGHT: School system.

HOLLAND:...and you live in Dorchester County.

DWIGHT: I live in Dorchester County.

HOLLAND: You vote in Dorchester County.

DWIGHT: I vote in Dorchester County.

HOLLAND: Now, what type of job do you have with the school system in Charleston County?

DWIGHT: I am currently a human relations teacher and also, a plumbing and pipe fitting and also, provocation. I am also certified in all those areas. I am currently this year teaching provocation and plumbing and pipe fitting at Burke High School in Charleston.

HOLLAND: None of those different types of occupations you have gets any money from DSS, do they?

DWIGHT: No, they are just State funds.

HOLLAND: OK, so they pertain to education, etc.

DWIGHT: Right.

HOLLAND: OK. I have no questions. Does any member of the committee have any questions to ask Mr. Dwight?

HENDRICKS: Yes sir, Senator.

HOLLAND: Mr. Hendricks.

HENDRICKS. I noticed you have had a little trouble with the County of St. George City Police Department. It says careless driving. What does that consist of?

DWIGHT: Well, that consist of, quite frankly, we go through there and sometime I'll have a dump truck in back or sometimes the truck will be a little overweight. But rather than...They say it's careless driving. You know, do bad, when I have a load of rocks, they charge me with careless driving.

HENDRICKS: No speeding, it is just careless driving.

DWIGHT. Well, I have. I have at one point and time went through there with the truck.

HENDRICKS. But you have a current driver's license.

DWIGHT: Yes, I do.

SHEALY: Mr. Chairman.

HOLLAND: Senator Shealy.

SHEALY: How about driving under suspension. Have you ever been arrested for anything like that or stopped for anything like that?

DWIGHT: Yes, I have. At one point and time what happened there was a ticket placed on my car in Charleston, South Carolina and to my knowledge, I didn't receive any information on the ticket, so at that time I was stopped for -- it was a taillight out and then they checked my driver's license and he said you are driving under suspended driver's license. I said, I am and he said, yes, you are, and I said, to my knowledge and to my ability I'm not driving and he said, yes, you are -- you had a ticket, and he proved that I had a ticket and he said, I was driving under suspended driver's license. I didn't know anything about it and the Department of Highways, they refunded my money back because they said it was a error.

SHEALY: They refunded your money back.

DWIGHT: Yea. They refunded...

HOLLAND: Who was your lawyer?

DWIGHT: Who was my lawyer? I didn't have a lawyer. But prior to the date of the suspension unfortunately, there was some time in there, some computer time, so they refunded my money back.

HOLLAND: Any other questions, Senator Shealy?

SHEALY: No sir.

HOLLAND: Senator Moore?

MOORE: No sir.

HOLLAND: I want to ask you something. What is careless driving? I never heard of that.

DWIGHT: Careless driving is what I think they consider of it as things that you know that you shouldn't be doing and you do them.

HOLLAND: You should have gotten you a lawyer then, because there is no such thing as careless driving.

SHEALY: I never heard of that.

HOLLAND: There is a reckless driving, too fast for conditions and all that, but I never heard of careless driving. Senator Moore.

MOORE: I just observed, Mr. Dwight, that you've gotten since 1979 about 20 some odd points against you. You better slow down.

DWIGHT: Yea, I know. Like today I was in Florence and I had to be here at 3:00.

HOLLAND: Did you get caught today.

DWIGHT: No, I didn't get caught.

MOORE: I know a few legislators that have that problem sometimes.

HOLLAND: Any other questions. Thank you so much, Mr. Dwight. Mrs. Beatrice M. Jones. Mrs. Jones, I'm going to let you affirm instead of swear. (Oath administered.) (Mrs. Jones' statement attached. See Appendix C.)

JONES: I do.

HOLLAND: Have a seat.

McMILLAN: Mrs. Jones, would you tell us where you now reside?

JONES: I live in the City of Hardeeville, South Carolina.

McMILLAN: Have you been hospitalized, or had any serious illness, or medical problem in the past year?

JONES: Yes, I had gall bladder surgery in March.

HOLLAND: Get among the crowd.

McMILLAN: Do you have any health problem which might hinder your ability to perform the duties of the office you are seeking?

JONES: No, I do not.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of this office?

JONES: I do not.

MCMILLAN: Do you have any business obligations, be it employment or other commitments, that would prohibit you from attending the meetings and putting in the necessary time to serve in this position?

JONES: No, I do not.

McMILLAN: Do you, or your family, have any business interests that would present a conflict of interest in your holding this position?

JONES: No.

McMILLAN: Are you, or any member of your family, related to anyone affiliated with the Department of Social Services?

JONES: No.

McMILLAN: Have you ever been discharged from any employment?

JONES: No, I have not.

McMILLAN: Mr. Chairman, I have no further questions.

HOLLAND: Mrs. Jones, do you live in Hardeeville?

JONES: Yes sir.

HOLLAND: Do you vote in Hardeeville?

JONES: Yes sir.

HOLLAND: How long have you been living there?

JONES: About a month.

HOLLAND: About a month.

JONES: Yes sir, I moved from Charleston.

HOLLAND: Moved from Charleston County to Hardeeville.

JONES: Yes sir, Jasper County.

HOLLAND: Had you been voting in Charleston County prior to that?

JONES: Yes sir.

HOLLAND: So, you are going to change your registration to vote in Hardeeville?

JONES: Already changed.

HOLLAND: Already changed. But you still are within the First Congressional District -- that's what I'm interested in.

JONES: Yes sir.

HOLLAND: What did you say your employment was, if any?

JONES: I'm a mother.

HOLLAND: A what?

JONES: A mother.

HOLLAND: A mother first. Have you ever had any problems with DSS in any manner?

JONES: Yes sir.

HOLLAND: What were they?

JONES: I was falsely accused of child abuse three (3) years ago.

HOLLAND: Who did that?

JONES: The Charleston County Department of Social Services.

HOLLAND: Is that charge still outstanding?

JONES: No sir.

HOLLAND: Been disposed of?

JONES: Yes sir.

HOLLAND: What happened to it?

JONES: I just signed a Consent Order.

HOLLAND: A Consent Order -- was it dismissed?

JONES: Yes sir.

HOLLAND: Did you go to trial and was found not guilty of any charges made against you?

JONES: I believe the Consent Order is similar to a no contest.

HOLLAND: A no contest.

JONES: Yes.

HOLLAND: But you received no criminal record because of this?

JONES: No sir, I did not.

HOLLAND: That was by the Charleston County DSS officials.

JONES: Yes sir.

HOLLAND: And that has been over and disposed of as of this date.

JONES: Yes sir, that's the start of my interest in the Department of Social Services.

HOLLAND: Any of your family work for DSS?

JONES: No sir.

HOLLAND: None of your family do any business with DSS?

JONES: No sir.

HOLLAND: Any questions by any member of the committee? Mr. Hendricks.

HENDRICKS: Yes sir. Mrs. Jones, it interests me that you say you know that these child protection laws and so forth go too far. They don't consider the fact that it could be false accusations and I have had several people contact me about that over the years. It is very simple now -- just anyone anonymously can report somebody for child abuse. Is that correct?

JONES: Yes sir.

HENDRICKS: And then they come in and they can very well take custody of the children if they see fit -- that's right on the spot. Is that the way it works?

JONES: Well, it is not that simple. Most of the time on an accusation the social worker is supposed to do a thorough investigation -- question relatives, friends, teachers and so forth of the child and then get an ex parte order to remove the child -- unless it is 12:00 at night or something like that -- where there is proof. Presently, however, on a social worker's belief, she can ask the police department to come assist her in the removal of the child, so what really happens is the police officer removes the child, not the Department of Social Services.

HENDRICKS: Well, the reason I ask you, because it will be a guide to me in some other things that we have. I have had two or three cases where it didn't seem like they were justified in coming in and doing what they did. Apparently your situation has been very similar to that. And you have some suggestions as to how ya'll might carry out this mandate a little differently. Is that right?

JONES: I certainly do.

HOLLAND: Senator Moore.

MOORE: Mrs. Jones, in your notice of intent you mentioned that you obtained a handbook from the South Carolina Social Workers under the Freedom of Information Act.

JONES: Yes sir.

MOORE: Then you in parenthesis "(Incidentally, some pages were removed prior to my reception of it; would you care to inquire why?)" I would care to inquire why?

JONES: I don't know why, but approximately thirty (30) pages were removed from the book. I requested it through the President of Vocal, which is Victims of Child Abuse Laws and whom I work with on a volunteer basis. And approximately thirty (30) pages were missing from the handbook. We have since sent another letter requesting the full handbook.

MOORE: And you have not received it.

JONES: No sir and it has been over a month.

MOORE: It has been over a month since you requested it.

JONES: Over a month -- approximately six (6) weeks.

HOLLAND: Representative Helmly.

HELMLY: Mrs. Jones, your stand may be very laudable, but there are so many many responsibilities at the Department of Social Services that deal in so many areas. You wouldn't carry with it such strong prejudices on this one subject. You wouldn't have any difficulty in addressing the many other very serious issues that the Department must face, would you?

JONES: No sir, I wouldn't. I believe in the workfare program. Some of what I wrote in my testimony indicates that. It indicates a commitment to organization. I think the efficiency needs to be accented first. I think the organization of vocational rehabilitation, educational opportunity commission, and so forth. At present, I have been counselling some people who have called me on child abuse and say I don't have a job, I can't pay a lawyer, what can I do. They are on aid to dependent children and so forth and I tell them what does your social worker say. She says go to JTPF. That's the only recommendation, at present, that DSS has been offering. I think a grouping of the services would be more efficient, be more helpful and I think it is a workable program. I just think it needs to be brought together. There are a lot of commissions out there that could be organized into an efficient unit.

HELMLY: But see they deal also with food stamps, along with the meritorious food stamps delivery, also the fraud delivery and many other areas. You are not so locked in on this one subject that you would...

JONES: No, I'm not.

HOLLAND: Any further questions?

SHEALY: Mr. Chairman, I'd like to ask her when she got accused of being a member of MENSA?

JONES: That was in 1971.

HOLLAND: Being a member of what?

SHEALY: MENSA, That means you are smart, bud... You are smart, buddy.

HOLLAND: Mrs. Jones, I can't say much to you because this is a reviewing committee, but you strike a tender chord in my heart here today about this child abuse thing. I just think it has gone too far the other way.

JONES: Yes sir, I want the pendulum to be in the middle.

HOLLAND: Any other questions? Thank you, Mrs. Jones. The next candidate is Mr. Junior Ponds from the First Congressional District. Mr. Ponds, would you raise your right hand, please sir? (Oath administered.)

PONDS: I do.

HOLLAND: Please have a seat.

McMILLAN: Mr. Ponds, where do you now reside?

PONDS: Walterboro, South Carolina.

McMILLAN: Have you been hospitalized, or had any serious illness, or medical problem in the past year?

PONDS: I was hospitalized briefly for elective surgery. They called it minor -- other than that, no.

McMILLAN: Do you have any health problem, to your knowledge, which might hinder your ability to perform the duties of this office?

PONDS: No.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of this office?

PONDS: No.

McMILLAN: Do you have any business obligations, be it employment or other commitments, that would prohibit you from attending the meetings and putting in the time needed to serve in this office?

PONDS: No.

McMILLAN: Do you, or your family, have any business interests that would present a conflict of interest in your holding this position?

PONDS: No.

McMILLAN: Are you, or anyone in your family, related to anyone affiliated with the Department of Social Services?

PONDS: No.

McMILLAN: Have you ever been discharged from any employment?

PONDS: No.

McMILLAN: I have no further questions, Mr. Chairman.

HOLLAND: Any members of the committee have any questions of Mr. Ponds? You gave us a statement, Mr. Ponds?

PONDS: Yes sir. (Mr. Ponds' statement attached. See Appendix D.)

HOLLAND: You are presently employed with the Department of Social Services?

PONDS: Yes sir, I'm Hampton County Director.

HOLLAND: Are you are going to resign effective the day you get elected?

PONDS: No, I've already notified the Commissioner, my Board and the retirement and social security, all of this, that I'm going to retire on July 1.

HOLLAND: So as of July 1, if you were successful in your candidacy, you would no longer serve the local DSS office in Hampton County?

PONDS: Yes sir, that's right -- June 30th will be my last day.

HOLLAND: You've been with them how long?

PONDS: Seventeen (17) years.

HOLLAND: What did you do prior to that?

PONDS: Oh, I've been a school teacher, minister, laborer, farmer, soldier, salesman, you name it.

HOLLAND: Any other questions? Thank you so much, Mr. Ponds. Mrs. Greene, you might want to leave, but I would ask you not to excuse yourself totally because it might be that some of the members of the committee might want to ask you, or some of the other candidates, something in executive session. We'll let you know that shortly after the meeting adjourns. Sometimes, very rarely, but sometimes in executive session we have to ask you about certain things that we would not be privileged to ask you in public. So, I just say that to all candidates here today. The next district is the Third Congressional District. Mrs. Betty Davenport. I've heard that name before. Mrs. Davenport, would you raise your hand, please? (Oath administered.)

DAVENPORT: Yes.

HOLLAND: Please have a seat. Mrs. Davenport, I believe you are an incumbent. You presently serve on the DSS Board.

DAVENPORT: That's correct. (Mrs. Davenport's statement attached. See Appendix E.)

HOLLAND: Have there been any changes in your condition from the time you were screened and...

DAVENPORT: Mental or physical?

HOLLAND:...both.

DAVENPORT: None.

HOLLAND: I mean as far as your occupation, your residency and those things which we are looking for.

DAVENPORT: No, my residency is the same as when I announced (Anderson, South Carolina). Now, my occupation has changed somewhat. I went in business for myself two (2) years ago.

HOLLAND: Well, we better let Ms. McMillan ask you some questions.

DAVENPORT: All right.

McMILLAN: OK, we know where you reside. Have you been hospitalized, or had any serious illness, or medical problem within the past year?

DAVENPORT: No.

McMILLAN: To your knowledge, do you have any health problem which might hinder your ability to fulfill these duties?

DAVENPORT: No.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform?

DAVENPORT: No.

McMILLAN: Let's talk a little bit about business obligations since you are now in business. Do you have any business obligations, be it employment or other commitments, that would prohibit you from attending the meetings and putting in the time needed to serve?

DAVENPORT: No.

McMILLAN: Do you, or your family, have any business interests that would present a conflict of interest in your holding this position?

DAVENPORT: No.

HOLLAND: Any questions by the committee of Mrs. Davenport?

MOORE: Senator.

HOLLAND: Yes sir.

MOORE: Mrs. Davenport, you have never had a speeding ticket or any other violation.

DAVENPORT: Not me. Joe has (her husband), but not me.

MOORE: My hat is off to you. How do you do it?

HOLLAND: She just rides with the other fellow.

DAVENPORT: No.

HOLLAND: Any further questions? Thank you, Mrs. Davenport. I'm sorry. Representative Davenport.

REP. RALPH DAVENPORT: What type of business are you in?

MRS. DAVENPORT: Business consultant.

REP. RALPH DAVENPORT: What type of consultant?

MRS. DAVENPORT: Mostly in the area of payroll. We do a lot of payroll services, but it is a contract business service. Where small businesses do not have anyone to operate an office, or do the typing, or bookkeeping, or something like that, we do it.

REP. RALPH DAVENPORT: You must have been part of that smart Davenport clan that stayed in Greenville.

MRS. DAVENPORT: That is correct.

MOORE: Take the money and run.

HOLLAND: Thank you, ma'am. From the Fifth Congressional District, Mr. Bouchard. (Oath administered.)

BOUCHARD: I do.

HOLLAND: Have a seat. Before Ms. McMillan asks you some questions, it has come to our attention that there might be a residency problem and I want to see if I can clarify this with you based upon information we have.

BOUCHARD: I anticipated that.

HOLLAND: Sir?

BOUCHARD: I anticipated that.

HOLLAND: Well, it was brought to our attention today as a result of the investigation. Do you presently live in Charleston?

BOUCHARD: Today I live at 1005 Chambers Lane in Mount Pleasant, South Carolina.

HOLLAND: Where did you last vote?

BOUCHARD: I last voted in Mount Pleasant, South Carolina.

HOLLAND: The reason I asked you that is because we consider basically, all these review committees, the place you vote is where your residence is.

BOUCHARD: Correct, sir.

HOLLAND: That has sort of been the criteria we work by. Now, I understand you are moving over to my district which is Lugoff.

BOUCHARD: Tomorrow I will reside in Lugoff.

HOLLAND: Tomorrow you will reside in Lugoff.

BOUCHARD: That's correct.

HOLLAND: Now, have you established a place for your mail to be mailed to in Lugoff?

BOUCHARD: Yes, I have.

HOLLAND: What agencies, if any, can you think of that you have notified to change your mailing address?

BOUCHARD: The U.S. Post Office...

HOLLAND: Yes.

BOUCHARD:...as of May 1st.

HOLLAND: And will you have a telephone in your name as of May 1st.

BOUCHARD: Yes, I will and I can give you that number today.

HOLLAND: We don't need it. It is a right...

BOUCHARD: It would seem somewhat confusing.

HOLLAND:...confusing, because the Act says very plain that you have to be residing in.

BOUCHARD: That's right. I anticipate that on the date of appointment, which is July 1st, that I would have resided in Kershaw County for some time.

HOLLAND: The question we have before us is whether you must be residing in at the time of the review, or the screening, or start at the time of the election. That's a little bit touchy with us and Senator Moore, Frank and all of us have been looking at it this morning. You gave us a statement and all that is in the statement, I guess.

BOUCHARD: I gave you a statement, yes sir. (Mr. Bouchard's statement attached. See Appendix F.) The controversy over my place of residence, however, is not in there.

HOLLAND: Where are you presently working, sir?

BOUCHARD: I work at Providence Hospital in Columbia.

HOLLAND: What is your position out there?

BOUCHARD: I am Vice President.

HOLLAND: You are going to live over in what area of Lugoff?

BOUCHARD: I'll be living in Pepper Ridge.

HOLLAND: Pepper Ridge -- I represent Mitch Rabon. Ms. McMillan is going to ask you some questions, Mr. Bouchard.

McMILLAN: Where...

HOLLAND: For the record, I wanted to establish a residency matter for the record. So, I don't think there is any question about it at all. But I just wanted to clear the record.

McMILLAN: We will dispense with that question. Have you been hospitalized, or had any serious illness, or medical problem in the past year?

BOUCHARD: No.

McMILLAN: To your knowledge, do you have any health problem which would hinder your ability to perform the duties of this office?

BOUCHARD: None.

McMILLAN: Do you have any problem with the use of alcohol or drugs which would hinder your ability to fulfill the duties of this office?

BOUCHARD: No.

McMILLAN: Do you have any business obligations, be it employment or other commitments,,that would prohibit you from attending the meetings and putting in the necessary time to serve in this office?

BOUCHARD: No.

McMILLAN: Do you, or your family, have any business interests that would present a conflict of interest in your holding this position?

BOUCHARD: No.

McMILLAN: Are you, or any member of your family, related to anyone affiliated with the Department of Social Services?

BOUCHARD: No.

McMILLAN: Have you been discharged from any employment?

BOUCHARD: No.

McMILLAN: I have no further questions, Mr. Chairman.

HOLLAND: Any questions by any member of the committee?

MOORE: Mr. Chairman, I'm still flipping through his file. We could, if necessary, call him back.

HOLLAND: OK. Thank you so much, Mr. Bouchard.

BOUCHARD: Thank you.

HOLLAND: I think we've resolved the matter we had.some problem with. Gentlemen, if you folks will excuse us...

HARMON: Don't forget Dr. Wilson.

HOLLAND: Dr. Wilson, where is she? Hey Doc, come on around here -- been sitting here so long we were about to forget about you.

WILSON: Don't you forget about me.

HOLLAND: We kept you from going to San Francisco, or somewhere, didn't we.

WILSON: You are worth it.

HOLLAND: Oh, we are worth it. Thank you, ma'am. A Lady and a scholar. Doctor, hold up your right hand, please ma'am. (Oath administered.)

WILSON: I so do affirm.

McMILLAN: Dr. Wilson, would you tell us where you currently reside?

WILSON: Sumter, South Carolina at 1284 North Main Extension.

McMILLAN: Have you been hospitalized, or had any serious illness, or medical problems within the past year?

WILSON: Not any at all.

McMILLAN: To your knowledge, do you have any health problem that would hinder your ability to perform the duties of this office?

WILSON: None, of which I have knowledge.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of this office?

WILSON: No, I don't.

McMILLAN: Do you have any business obligations, be it employment or other commitments, that would prohibit you from attending the meetings and putting in the necessary time needed to fulfill the duties of this office?

WILSON: No.

McMILLAN: Do you, or your family, have any business interest that would present a conflict of interest in your holding this position?

WILSON: No, not at all.

McMILLAN: Are you, or any member of your family, related to anyone affiliated with the Department of Social Services?

WILSON: No.

McMILLAN: Have you ever been discharged from any employment?

WILSON: No, I haven't.

McMILLAN: I have no further questions, Mr. Chairman.

HOLLAND: Any members of the committee have any questions of Dr. Wilson? You furnished us your statement?

WILSON: Yes sir. (Dr. Wilson's statement attached. See Appendix G.)

HOLLAND: Thank you so much and you may be excused.

WILSON: Thank you kindly.

HOLLAND: Gentlemen, I'm going to ask someone to make the appropriate motion to carry us into executive session for just a few moments so that we can clear the record, and see if there is anything we need to ask any applicant in executive session.

MOORE: So move, Mr. Chairman.

HOLLAND: Any objections. Give us just a second or two and I think we'll be right through with it, OK.

Sidney Thomas Collins
467 Riverland Drive
Charleston, S.C. 29412

PRESENTATION OF MY RELEVANT EXPERIENCE REGARDING A POSITION ON THE BOARD OF SOCIAL SERVICES FOR THE STATE OF SOUTH CAROLINA.

The following is a brief synopsis of my life experiences. I feel they make me a logical, as well as, knowledgeable candidate to assess the problems and methods of practical human improvement.

As a member of the medical community in the United States Navy, I was given the opportunity over a twenty-one year time span, to use three of the basic approaches traditionally used in the area of social work.

My early experiences as a Medical corpsman corresponded in many ways to the casework approach of handling a wide variety of problems. I feel it is essential to relate the atmosphere which existed in the early medical corp (i.e. 1945-1965). Corpsmen, as the support staff for the professional staff gathered and related pertinent information to the doctors. Having served early in my career during World War II and later in the Korean conflict I became adept at looking beyond the medical illness; I learned to know the person behind that illness and to translate that to the physician in order to make the healing process as complete as possible. During this period I was able to travel extensively in the U.S. and Europe. Then in my later career I was stationed in Guam. This was in 1965 and the Vietnam Conflict was everywhere. As a more senior member of the support staff I had not only to deal with the returning G.I.'s and their subsequent medical and psychological problems, but I also acted as the liaison to their families. At this point, group work and community organization were used daily, because the people stationed on Guam and their families were a town, with all of the associated problems and hardships.

Since returning from the Far East I have retired as a 70% disabled Veteran of the Navy; retired from civil service and subsequently opened a general contracting and property management business. I feel this career and my involvement in the community, especially my time spent as President of the Charleston Chapter of the National Association of Retired Federal Employees, has afforded me the opportunity to see the impact of social change in the course of people's lives. I feel that my background is specialized enough yet diversified enough to enable me to see the very real changes that occur in every life regardless of the socioeconomic situation. I also feel my life experiences allow me to empathize on a very real level; having gone from a dropout as a youngster, through a career as an enlisted man in the military, to obtaining college credits later in life and ultimately winding up as the owner of my own company. My journey has allowed me to experience first hand the variety of cultures and socio-economic situations to understand the dilemma associated with practical human improvement...

TO:     Members Of The Screening Committee For The State Board of Social Services

I would like to thank the Committee for the opportunity to express my interest in filling the new term of office for the State Board of Social Services, First Congressional District. My experience both as a professional social worker and my community service volunteer work are well rounded in the area of human services. My educational background includes a bachelor degree in sociology and a master of social work degree from the University of South Carolina.

My experiences in casework management; social service planning; staff supervision and training; program evaluation; program development and administration give me a broad base of knowledge in approaching public welfare issues facing the State of South Carolina. My volunteer work as well as my professional activities bring me in day to day contact with clients and potential clients of the Department of Social Services.

Among the many issues facing South Carolina are workfare, the crisis of teenage pregnancy, homelessness among DSS clients, child care, protective services for children and adults, and alternative care programs for the elderly and handicapped adults. I will bring an open mind toward setting policies that will emphasize the present services and seek alternative solutions for improved services. I promise to commit myself for the necessary time and interest to represent the First Congressional District and the State of South Carolina.

I hope that your committee will find me eligible as a candidate for this position.
Thank You
Dolores S. Greene

In 1985, over one million people were falsely accused nationwide of child abuse. The founder and former director of the National Center of Child Abuse and Neglect, Douglas Besharov, says that "the Child Protection Service is out of control" - this from a man who once had dedicated his efforts to stopping Child Abuse: What is happening?

As in any reform system, there are loopholes. Laws passed to protect children ignored the human factor of false accusation. The public discovered that they could accuse their spouses during or after a divorce of child abuse, thereby gaining custody of the children - and incidentally ruining the accused both publicly and financially. Children in the emotional upheaval of puberty could gain permissiveness in the home, and even neighbors could seek revenge - all with the anonymous phone call.

Social workers, initially with the high ideals of protecting the abused children and making their world a better place, quickly became overworked and emotionally debilitated. In my conversations with them, they have expressed fear - fear of being wrong, of turning their back on one abused child; they have mentioned frequently the high turnover and burnout rate of their compatriots. Exhausted, uneducated in law or sensitivity training beyond their degrees - some without even a masters degree in social work - they are confused by a system that expects them to be right, every time.

Police officers and Judges assume that they are right. Ex-parte orders are granted on a social worker's belief that abuse may exist. To "err on the side of the child" is a popular theory - if there is suspected or accused abuse, it is better for the child to be removed from the family. But is it? A child, caught in the middle of two angry, divorced parents, is divested of the love of either. He or she is repetitively questioned. "Anatomically correct" dolls are neither anatomical nor correct, but grotesque in the extreme. If a parent has taught a child the correct names for his body parts, this is perceived as having too much knowledge. And the questioners are not always child psychologists or psychiatrists. Did you know that there are few restrictions to becoming a "family counselor" in this State? A respected child psychiatrist once told me that much damage is done by "people with a theory". Theories are great - how many of us were raised by Dr. Spock's Baby and Child Care? One theory that is currently being espoused by "counselors" is the theory of 'natural consequences'. My friend, Doctor Robert Sinnott, says that this theory has little basis, little psychological research, and a potential of harm to the psychological welfare of a child. Yet this theory is being presented as gospel to those accused of child abuse.

Are you listening? Are you angry? Good. I want you to be angry. Then I want you to realize that there are ways to help abused children without destroying innocent families. In my conversations with social workers, attorneys, and psychologists, in a CAR (Children at Risk) subcommittee, we have discussed ways to make a social worker's Job less stressful, less damaging to both herself and to the investigated families. I loathe abuse. Make no mistake, I am not here to protect any abusers. I want to make the system better, more efficient. In every position I have every held, I have devised new approaches to old problems. I study the problem from every angle, then solve it. I have been studying the Department of Social Services for three years now. I can see the good points as well as the problems. And I want to make this system more efficient. The problem is not a lack of funds. Any businessman or -woman knows that the way to save a business is not to pour more money into it - you must redirect funds.

First, we must redirect and reorganize our goals. Winnie Wilson, a locally noted child abuse specialist, says that only 10 per cent of abusers are fanatics or unchangeable abusers. Only ten per cent! That means that ninety per cent can be helped, with professional - let me stress that professional counseling. We must organize the Anonymous Reporting System. It should be a felony to intentionally falsely report abuse, and the reporting must follow the lines of a police report in the gathering of information. This will virtually eliminate what Douglas Bosharov says in "like a 911 number that cannot distinguish a murder in progress from littering!" This will decrease false reports and social workers' wasted time, freeing them to help the truly abused.

To increase speedy vindication and prosecution, we must eliminate the repetitive questioning by unqualified individuals. No, I do not refer to social workers, although I do feel that their present techniques need to be updated and some re-education is desirable. Children are questioned by day-care workers, teachers, nurses, and others whose profession does not include psychological training. A small child can not only begin to give answers that he or she feels are expected, but can actually learn to believe that something happened when in fact it did not. This is the introduction into psychosis. This is child abuse.

Rather than make it a financial incentive to become a foster parent, we need to make foster homes non-existent. Before you protest, let me assure you that I mean individual foster homes; and yes, financial questions are a problem in this situation. We need to centralize care and treatment. This will eliminate the constant supervision and attempts to find a place, any place, for abused children. Southern Pines is an excellent model for this proposal. Here there would be onstaff child psychologists, doctors for physical examinations, clean rooms, well-modulated classroom and living environments, and visitation rooms. This would aid the ultimate goal of reuniting the family.

A reorganization of services would help in other areas of the Department of Social Services. The abused elderly could be protected by these same modules. The Workfare program espoused by President Reagan and Governor Campbell, dismissed by some as unworkable, can be incorporated into our Welfare system. There are more referrals that can be used than JTPA; there is the Equal Educational Opportunity Commission, which has referrals for continuing education, job-work programs, and even child-care assistance. Vocational Rehabilitation. Job Service. All of these and more can be unified into an efficient, workable solution to aid those who can work and who want to work to become productive, self-respecting members of our community and our country.

I have requested consideration of this position because I can see both sides. I am aware of the problems - but rather than shouting that the Emperor has no clothes, I am prepared to help stitch new clothes, ones that will fit not only the present situation but the future. As a Hebrew scholar, Rabbi Hillel, once said about seeing injustice and ignoring it, "If not me, who? And if not now, when?" Unless there are changes, unless there is increased efficiency, there will be more lawsuits, more social worker burnout, and fewer children getting help. The future - their future - is in your hands. What will you do?

Thank you
Beatrice M. Jones

List of aims that Beatrice Jones espouses for the South Carolina State Board of Social Services.

Immediate Goals:
1.     The video/audiotaping of all (not just the first) interviews with the accuser and the accused.
2.     Notification to the accused of the nature of the accusation and their Miranda rights. (This is not happening and is a patent violation of civil rights.)
3.     Thorough investigation (questioning of neighbors and relatives, physical examination, proof (pictures, etc., of bruises) before removal of ex parte order or police contact.
4.     Reorganization of the Anonymous Reporting System, to include the taking of information as in a police report, with felony charges imminent for those who falsely report abuse. Reporters will be protected from civil action, however.

Intermediate goals:
1.     The restriction of hiring only those who have A Master's Degree in Social Work, and the advisement to those presently employed by DSS that such a degree is a condition of employ.
2.     Children and accused to be sent only to qualified child psychiatrists and psychologists, not 'counselors' or anyone without a degree from a certified college attesting to their graduation from same. All physicians and aforementioned professionals will be consulted on a rotating list drawn from the entire community; this will eliminate prejudice on the part of those physicians who consistently support any DSS claim of abuse.
3.     The re-education of all social workers in DSS employ, to consist of not less than 20 hours per year, in sensitivity training, by an accredited college. This will increase social worker's awareness of new developments in their field, and aid them to better determine the validity of reported abuse.
4.     The Reformation of an Adoption Bureau, outside of DSS' realm. When an organization is empowered with the right to remove children and the right to Terminate Parental Rights for the purpose of adoption, this is a patent conflict of interest.

Ultimate Goals:
1.     All employees of DSS to have a Master's degree or above, with proper and pertinent updates to their profession as they become available.
2.     The reiteration of the goal to keep the family united, with in-home counseling and supervision wherever possible.
3.     If removal is necessary and proven so by available data, then the elimination of parental foster homes is mandatory. Instead, the conversion to ranch-homes (unused school buildings, rural closed motels could be converted) with on-staff or on-call psychiatrists and physicians, clean facilities, self-enclosed classrooms (EH teachers would be a must here), and most importantly, visitation rooms and play areas where the accused family could come for counseling and visitation with their children in a secure, supervised area without the overwhelming disruption that listening, over-present social workers presently present. Since the goal of child psychiatrists and EH teachers are to help a child get better and feel better about himself, progressing to a point of self-dependence, their involvement in the child's progression is mandatory, and a far-better influence than being shuffled from this foster home to that, removing the child's sense of identity. If TPR was considered, this would also be a boon to the child, giving him the counseling and supportive group he would need to deal with the permanent separation. This module would also be applicable to the elderly abused, permitting social interaction with those elderly able to do so, and physical and emotional support for them as well.

TO:             Senator Donald H. Holland, Chairman

Joint Legislative Screening Committee, to

Review Candidates For The South Carolina

Department of Social Services Board

FROM:     Junior Ponds, Candidate

For The South Carolina Department of Social Services Board, First Congressional District.

Members of the Committee, and others present. I feel that my total background has uniquely prepared me to render maximum and effective service to the South Carolina Department of Social Services Board, should I be elected.

I was born to an impoverished family, and at age four was orphaned by the death of my father, leaving my mother with three other children and expecting a fourth. Shunted from relative to relative, I was a child of neglect, and deprivation, physically, culturally and educationally, leaving school in the sixth grade. I was certified by the Colleton County Department of Public Welfare to enroll in the Civilian Conservation Corps where I served for two years.

This is in no way intended to be a pitch for sympathy, but to show that I fully understand, and identify with the clients whose welfare is the sole reason for the existence of the South Carolina Department of Social Services.

Secondly, I feel that my varied work experience before receiving my formal education later in life (I have worked as farmer, laborer, salesman, security guard and truck driver, as well as serving in the military), has given me invaluable exposure to a broad segment of society.

Thirdly, I feel that my educational background has prepared me well for this position. Being already self-taught, I began my formal education from a sixth grade level at the age of thirty-six, and went on to become a college and seminary graduate, as well as receiving a quarter of Clinical Pastoral Education at the Central Correctional Institution, where I served briefly as a chaplain.

Being bi-vocational in the ministry, I was employed as a case worker with the Hampton County Department of Social Services in June of 1971, promoted to supervisor in December of 1972, and appointed director in June of 1978.

During this nearly nine years as county director, and by virtue of this office, being their executive officer, I have enjoyed an excellent working relationship with the Hampton County Board.

I was given a superior performance appraisal in August of 1986, and DSS Form 432-B (Justification form for a superior performance appraisal), notes in part "It was noted that board members had never heard negative or critical comments of the director, either personally or professionally, by clients, workers or the public". It is also reflected in the minutes of the March 30, 1987, board meeting, when I advised of my intention to retire, that the chairman noted I had been a "superb" director.

I have always enjoyed a harmonious working relationship with my fellow county directors and equal rapport with the Commissioner and state office staff. I feel that this would enhance immensely the "one agency concept" of county and state.

I have noted no specific issues or goals and, if elected, would go on the board with an open mind and agenda.

While up to this time I have dwelt in my care for the client and my aptitude for the board, I am also fully cognizant of the responsibility a board member has to the public and taxpayer who support this and other social programs, would strive toward fiscal responsibility, and to otherwise serve equally well those who are dependent, and those upon whom they depend.

Respectfully submitted,
Junior Ponds

My name is Betty C. Davenport, a resident of 400 East Greenville Street, Anderson, South Carolina (mailing address P.O. Box 142, 29622). I am a registered voter of Ward 2, Precinct 1, City of Anderson.

I am married, no children. I am currently in business for myself, owning a firm offering contract business services. Previous employment was with a firm for 20 years as business manager and accountant.

I am the first woman in South Carolina to be named to the Selective Service Board, appointed in 1968 by Governor Robert E. McNair. I was appointed by Governor John C. West to the Consumer Affairs Advisory Council and reappointed by Governor Riley for another term. Presently I serve as a member of the Anderson Community Development Corporation, and organization for the development of the City of Anderson and to generate small business loans for redevelopment. I am also a member of the advisory board of 70001, an organization assisting high school dropouts ages 17-21 receiving a GED and becoming productive citizens.

I am a member of the Grace Episcopal Church, Anderson.

I have served four years on the State Board of the Department of Social Services, Third Congressional District. It has been a most rewarding and educational experience. I have seen a tremendous change in the department since my first day. Essentially, we are no longer front page news or headlines. The morale of the department has improved and a more business like atmosphere prevails. A lot of changes have been made in the last four years and I am happy to have been a part of them. We have an excellent Commissioner, one who communicates well with people, who knows the department and programs well. We still have numerous problems and always will, however, we are working continuously to correct them.

I consider the opportunity of serving four more years on the board an honor and a challenge. I have been extremely pleased with the progress we have made and with some of the programs that have been implemented.

Not only must we continue to serve the needy, the elderly, women and children we must assist those that want jobs. Jobs are the key to the future in decreasing the welfare rolls. We have a duty to help them become happy, productive citizens. However, we must continue to seek new industries and to persuade them to locate in South Carolina.

To this Committee and to the General Assembly, I pledge to perform my job to the best of my ability.

Testimony of Mr. Eric A. Bouchard, Vice President, Providence Hospital of Columbia, S.C., before the Joint Legislative Screening Committee to Review Candidates for the South Carolina State Board of Social Services.

Members of the committee, I am an applicant seeking the District 5 Board Seat for the South Carolina Department of Social Services, I am honored to have reached this point in the selection process and have just a few words to share with you today. Despite all that is written and reported about the spiraling costs of providing social programs, the general public currently does not appear to be particularly sensitive to the issue of those costs nor to the scope of those services that are provided and the many persons who benefit. Recognizing that a need to improve communication exists within the social services network of the State and to increase awareness of available services and resources is an important challenge.

Due to recent dramatic changes in reimbursement in health care, and the number of available dollars seemingly shrinking as needs continue to rise across all social programs it is implicit within the charge of the Board of Social Services to see that quality is delivered. At the outset, it is essential to emphasize that I believe the basic premise of humanistic delivered social services can only exist in an environment that is supported by the highest leadership in every agency. Some basic tenets could use some review here:
1).     Demonstrate and use positive consumer oriented behaviors.
2).     Become proficient in managing and controlling interactions between clients and workers.
3).     Respond to client needs and understand the consumers' point of view.
4).     Increase professionalism by developing a clear context for evaluating effectiveness.

The impact of humanistically delivered social services can be measured through a perceptible reduction in complaints. Also, when a person's needs are met efficiently and with understanding the person is more likely to translate that good experience into positive behaviors.

A strong public affairs initiative, shaped to manage the important issues of the Department of Social Services is a rising requirement for the board. A single most important issue is the insistence of a public accountability that is managed by a proactive board.

In closing, as a member of the board, I will support leadership development and the sharing of expertise throughout the department. I will promote ethical and professional standards for the organization and delivery of social services.

The concept of leadership is crucial to change so crucial that words like 'managing' need discarding. Management connotes controlling and arranging. Leadership brings to mind energy and growth. The Department of Social Services expects leadership from its board and I would like to become a part of that.

Eric A. Bouchard

In response to requests coming from members of my Legislative Delegation and from many of the constituents of the Fifth Congressional District, I am offering for another term on the Board of the South Carolina Department of Social Services.

I consider it a special privilege to serve the citizens of the state in this capacity. As an educator and as the widow of a Minister, I have had an open window upon those persons of special need who are the clients of the DSS agency. There is nothing more rewarding than being in a position to improve the living conditions of those who cannot speak and act on their own behalf. Although limited resources do not allow us to fully meet the needs of all of the aged, infirm, poverty stricken and abused persons among our citizenry, the agency continues to strive toward that goal.

The year 1987 marks the fiftieth anniversary of the existence of the agency. Beginning as the State Department of Public Welfare, the name was later changed to the South Carolina Department of Social Services. The name change is indicative of a major shift in philosophy and outlook. Instead of merely offering a handout to the needy, the agency is now committed to assisting individuals and families in their effort to become productive, self-supporting, and attain new levels of dignity and selfhood. It has been a source of real satisfaction to be both a participant and an observer as this new direction is planned and implemented.

It is my good fortune to serve as Chairperson for the Golden Anniversary observance which will be held at the DSS headquarters building on Confederate Avenue, May 12, 1987. Our theme: "A Half Century of Caring" is an appropriate summation of the history of the agency. It is my urgent desire to be at work with those who will launch the agency into the second half century of its existence, with a deeper commitment to the most effective delivery of service that can possibly be attained.

To this end, I pledge my best efforts should I be re-elected.

Received as information.

The following was received from the Senate.

Columbia, S. C., May 19, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2742:
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.

Very respectfully,
President

On motion of Rep. FOXWORTH, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. FOXWORTH, DAY and J. BRADLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

Columbia, S. C., May 19, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 392:
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Very respectfully,
President

On motion of Rep. TOAL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HOLT, PEARCE and WASHINGTON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 2123 -- Rep. McTeer: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1985, 1986, AND 1987 UNTIL AUGUST 31, 1987.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 2564 -- Rep. Evatt: A BILL TO AMEND SECTIONS 12-37-2610, 12-37-2650, AND 12-37-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAXES ON MOTOR VEHICLES, SO AS TO PERMIT MOTOR VEHICLES REGISTERED UNDER THE INTERNATIONAL RECIPROCITY PLAN TO PAY THEIR TAXES QUARTERLY.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 2666 -- Reps. Baker, M.D. Burriss, McBride, Sharpe, Corning, Clyborne, J.W. McLeod, T.M. Burriss, Hodges, Haskins, Faber, Jones, Whipper, Wilder, Washington and Hearn: A BILL TO AMEND SECTION 12-7-616, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS CREATION TAX CREDIT, SO AS TO DEFINE LESS DEVELOPED AREAS AS COUNTIES HAVING A POPULATION OF TWENTY-FIVE THOUSAND OR LESS, TO INCREASE THE JOB CREATION TAX CREDIT FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS FOR EACH NEW PERMANENT JOB CREATED MORE THAN TEN, TO ALLOW A JOB CREATION TAX CREDIT OF THREE HUNDRED DOLLARS FOR FIVE YEARS FOR FIFTY OR MORE NEW PERMANENT JOBS CREATED IN COUNTIES HAVING A POPULATION OF MORE THAN TWENTY-FIVE THOUSAND, AND TO INCREASE THE ADDITIONAL JOBS CREATION TAX CREDIT FOR EMPLOYEES IN LESS DEVELOPED AREAS FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 2828 -- Rep. Keyserling: A BILL TO AMEND ACT 329 OF 1986, RELATING TO STATE INCOME TAX DEFERRALS ON FOREIGN TRADE RECEIPTS, SO AS TO DELETE A REFERENCE TO TAXABLE INCOME.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

S. 562 -- Senator Drummond: A BILL TO AMEND SECTION 12-35-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE ADDITIONAL ONE PERCENT SALES TAX TO FUND THE 1984 EDUCATION IMPROVEMENT ACT, SO AS TO PROVIDE FOR NOTIFICATION OF THE PROVISIONS OF THIS SECTION AND THE PENALTY PROVISIONS TO MERCHANTS AND THE PUBLIC.

Ordered for consideration tomorrow.

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

S. 769 -- Senators Powell, Branton, Applegate, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO TAKE SUCH ACTION AS MAY BE REQUIRED TO DEFEAT A SENATE PROPOSAL TO CUT TWENTY-FIVE PERCENT FROM FUNDS RECEIVED BY SOUTH CAROLINA COUNTIES FOR THE SALE OF TIMBER ON FEDERAL LAND.

Ordered for consideration tomorrow.

The following was introduced:

H. 3151 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO HELEN AND EUGENE C. TABBOT OF THE BOILING SPRINGS COMMUNITY OF SPARTANBURG COUNTY FOR THEIR MANY YEARS OF DEVOTED AND EFFECTIVE SERVICE TO EDUCATION UPON THE OCCASION OF THEIR RETIREMENT.

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

The Senate sent to the House the following:

S. 777 -- Senator Holland: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO FRANK BROWN FOR TWENTY-SIX YEARS OF GOOD FOOD, GOOD TALL TALES, AND GOOD FELLOWSHIP PROVIDED BY HIM AND HIS HELPERS AT FRANK'S DAIRY BAR IN LUGOFF IN KERSHAW COUNTY.

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

The Senate sent to the House the following:

S. 782 -- Senators J. Verne Smith, McLeod, Patterson and Setzler: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES OF THE GENERAL ASSEMBLY TO FOSTER M. ROUTH, ASSISTANT DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE, ON THE OCCASION OF HIS RETIREMENT JUNE 1, 1987.

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

The Senate sent to the House the following:

S. 783 -- Senators Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION TO INVITE MISS DAWN SMITH OF LEXINGTON COUNTY, THE CURRENT REIGNING MISS SOUTH CAROLINA AND THE FIRST RUNNER-UP IN THE MISS AMERICA PAGEANT, TO PRESENT A VOCAL RECITAL TO THE GENERAL ASSEMBLY IN JOINT SESSION PRIOR TO THE ELECTION OF MEMBERS TO THE BOARD OF SOCIAL SERVICES AT 12:00 NOON ON WEDNESDAY, MAY 20, 1987.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 792 -- Senators Wilson, Branton, Leventis and Matthews: A CONCURRENT RESOLUTION COMMENDING BRIGADIER GENERAL JASPER B. VARN, JR., FOR AN OUTSTANDING CAREER OF DEDICATED AND EXCELLENT PUBLIC SERVICE, AND EXTENDING TO HIM BEST WISHES FOR A HAPPY RETIREMENT.

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

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

H. 3152 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 5 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE COMPANIES BY ADDING SECTION 38-5-220 SO AS TO PROVIDE THAT AN INSURANCE COMPANY EXEMPT FROM FEDERAL INCOME TAX PURSUANT TO SECTION 501(c)(3) OR (4) OF THE INTERNAL REVENUE CODE OF 1986, AND WHICH INSURES ONLY CHURCHES AND THEIR PROPERTY, IS EXEMPT FROM CERTAIN INSURANCE TAX LEVIES.

Rep. J. BRADLEY asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. KLAPMAN objected.

Referred to Committee on Labor, Commerce and Industry.

H. 3153 -- Rep. Hearn: A BILL TO AMEND SECTION 6-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION AND MODIFICATION OF CERTAIN STANDARD CODES BY REFERENCE BY MUNICIPALITIES AND COUNTIES, SO AS TO SUBSTITUTE THE COUNCIL OF AMERICAN BUILDING OFFICIALS ONE AND TWO FAMILY DWELLING CODE FOR THE STANDARD CODE, CHANGE THE COMPOSITION OF THE BUILDING CODE COUNCIL BY DELETING REFERENCES TO REPRESENTATIVES FROM VARIOUS ORGANIZATIONS AND PROVIDING THAT EACH MEMBER MUST BE A MEMBER OF THE INDUSTRY OR PROFESSION HE REPRESENTS, REDUCE THE TERM OF A MEMBER OF THE COUNCIL FROM SIX TO FOUR YEARS, DELETE THE REQUIREMENT THAT AT LEAST ONE MEMBER OF THE COUNCIL MUST BE A MEMBER OF EACH CONGRESSIONAL DISTRICT, DELETE THE PRIMARY FUNCTION OF THE COUNCIL TO DECIDE TO WHAT EXTENT ANY JURISDICTION MAY VARY FROM THE CODES LISTED IN THIS SECTION, DELETE OBSOLETE LANGUAGE, AUTHORIZE THE COUNCIL TO ELECT A VICE-CHAIRMAN, AND DELETE THE AUTHORITY OF THE COUNCIL TO ADOPT REGULATIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3154 -- Rep. Hearn: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF REAL PROPERTY ACCORDING TO USE FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE AUTHORITY FOR THE LOCAL TAXING AUTHORITY TO EXTEND THE TIME FOR FILING THE APPLICATION FOR THE FOUR PERCENT ASSESSMENT RATIO ON A SATISFACTORY SHOWING OF REASONABLE CAUSE FOR FAILING TO FILE AND TO PROVIDE THAT APPLICATIONS MAY BE ACCEPTED AFTER THE MAY FIRST DEADLINE UPON PAYMENT OF A LATE APPLICATION PROCESSING FEE SET BY THE GOVERNING BODY OF THE COUNTY IN AN-AMOUNT NOT TO EXCEED TWENTY-FIVE DOLLARS.

Referred to Committee on Ways and Means.

H. 3155 -- Rep. G. Bailey: A BILL TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY SO AS TO ESTABLISH FIVE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED BEGINNING IN 1988.

Without reference.

S. 761 -- Senator Martin: A BILL TO AMEND SECTION 7-7-250, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO ADD A NEW PRECINCT TO BE CALLED DUTCHMAN CREEK, PROVIDE FOR THE PRECINCT LINES DEFINING ALL OF THE COUNTY'S PRECINCTS, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE FAIRFIELD COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE FAIRFIELD COUNTY LEGISLATIVE DELEGATION.

Referred to Fairfield Delegation.

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Baxley
Bennett                Blackwell              Blanding
Boan                   Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Evatt
Faber                  Fair                   Felder
Ferguson               Foxworth               Gilbert
Gordon                 Harris, J.             Harris, P.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Lewis
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Ogburn                 Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, T.             Sharpe                 Sheheen
Shelton                Simpson                Stoddard
Sturkie                Taylor                 Thrailkill
Toal                   Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

I came in after the roll call and was present for the Session on May 19, 1987.

Jack Gregory                      William Jones
Irene Rudnick                     Liston Barfield
Samuel Foster                     Joseph T. McElveen
Paul Short                        Dick Elliott
L. Koon                           Robert Helmly
Larry Gentry

Announcement was made that Leo L. Walker of Columbia, is the Doctor of the Day for the General Assembly.

Rep. McABEE moved that when the House adjourns this week it adjourn to meet at 11:00 A.M. on Tuesday, May 26, which was agreed to.

The following Bill was taken up.

H. 3150 -- Rep. Gregory: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED.

Rep. McTEER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 2632 -- Reps. Ogburn, J.W. McLeod, G. Bailey, J. Harris, Boan, M.O. Alexander, Ferguson, Beasley, Lockemy, Neilson and J. Bradley: A BILL TO AMEND SECTION 38-37-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO PROVIDE THAT ALL THE MEMBERS OF THE GOVERNING BOARD MUST BE RESIDENTS OF SOUTH CAROLINA.

H. 2656 -- Rep. Kohn: A BILL TO AMEND ARTICLE 1, CHAPTER 9 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-395 SO AS TO PROVIDE THAT WHEN AN INSURER PLACES AN INSURED'S WORKERS' COMPENSATION INSURANCE IN THE ASSIGNED RISK PLAN, THE INSURER SHALL NOTIFY THE DEPARTMENT OF INSURANCE OF THE NAME AND ADDRESS OF THIS INSURED, AND TO PROVIDE THAT THIS INFORMATION MUST BE MAINTAINED BY THE DEPARTMENT OF INSURANCE AND MADE AVAILABLE FOR PUBLIC INSPECTION.

H. 2856 -- Reps. J. Bradley, Ogburn, Holt, Huff,, Aydlette, Rudnick, Neilson, Davenport, Moss and Day: A BILL TO AMEND ARTICLE 5, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RISK CLASSIFICATION PLANS AND CERTAIN INSURERS BEING REQUIRED TO WRITE AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT THE AUTHORIZED AGENTS FOR THESE INSURERS SHALL POST IN THEIR OFFICE OR PLACE OF BUSINESS A SIGN CONTAINING LANGUAGE THAT STIPULATES THAT INSURER AND AGENT MAY NOT REFUSE TO WRITE OR RENEW THAT TYPE OF INSURANCE, THAT TACTICS DESIGNED TO AVOID WRITING OR RENEWING THAT TYPE OF INSURANCE ARE NOT PERMISSIBLE INCLUDING UNREASONABLE DELAYS IN MEETING WITH APPLICANTS, AND THAT VIOLATIONS OF THE ABOVE SHOULD BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER FOR APPROPRIATE ACTION.

H. 2486 -- Rep. Nettles: A BILL TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, SO AS TO INCREASE THE PENALTY.

H. 2523 -- Reps. Harvin, Neilson, Baxley, Moss, Nesbitt, Wells, Hearn, Simpson and Waldrop: A BILL TO AMEND SECTION 16-17-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAMAGE TO CEMETERIES, SO AS TO REVISE THE PROVISIONS DETAILING THE OFFENSES INVOLVING THE DAMAGE, TO PROVIDE PENALTIES, AND TO EXEMPT ARCHAEOLOGISTS; AND TO AMEND SECTION 16-17-600, RELATING TO DESTRUCTION OF GRAVES, SO AS TO REVISE THE PROVISIONS DETAILING THE OFFENSES INVOLVING THE DESTRUCTION, TO PROVIDE PENALTIES, TO EXEMPT ARCHAEOLOGISTS, AND TO PROVIDE FOR REPAIR AND REPLACEMENT.

H. 2676 -- Reps. Wilkins, Clyborne, H. Brown, Baxley, Tucker, Nettles, Toal, Gentry, Haskins, Arthur, D. Martin, Hendricks, McElveen, Wilder, McEachin, J.W. Johnson and Hayes: A BILL TO AMEND SECTION 44-53-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE THAT THIS CRIMINAL OFFENSE IS A FELONY, PROVIDE DIFFERENT PENALTIES FOR THE CRIMINAL OFFENDER WHO WAS LESS THAN TWENTY-ONE YEARS OF AGE AT THE TIME HE COMMITTED THE ACT AND FOR THE OFFENDER WHO WAS TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME HE COMMITTED THE ACT, AND CHANGE THE TERM "PRESUMPTIONS" IN THE SECTION TO "INFERENCES"; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 44-53-445.

The following Bill was taken up.

H. 2836 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 7, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION AND NONRENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE, BY ADDING SECTION 38-9-890 SO AS TO PROVIDE THAT NO INSURER MAY NONRENEW A POLICY OF HOMEOWNERS INSURANCE BECAUSE THE INSURED HAS FILED A CLAIM WITH THAT INSURER FOR DAMAGES RESULTING FROM AN ACT OF GOD, INCLUDING, BUT NOT LIMITED TO, HAIL, WIND, OR LIGHTNING, OR FOR A FIRE NOT ATTRIBUTABLE TO THE INSURED, AND TO PROVIDE THAT NO INSURER WHICH OFFERS A COMBINATION HOMEOWNERS AND AUTOMOBILE INSURANCE POLICY MAY NONRENEW THIS POLICY FOR OTHER THAN THE REASONS PRESCRIBED IN SECTION 38-37-310.

Reps. McLELLAN, CORNING and KLAPMAN objected to the Bill.

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

S. 535 -- Banking and Insurance Committee: A BILL TO REPEAL SECTION 15-78-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AS TO INSURANCE COMPANIES OR REINSURANCE COMPANIES SELECTED BY POLITICAL SUBDIVISIONS TO HANDLE OR ASSIST IN HANDLING INSURANCE PROGRAMS REQUIRED BY THE PROVISIONS OF THE SOUTH CAROLINA TORT CLAIMS ACT.

S. 767 -- Senator Long: A BILL TO AMEND SECTION 59-53-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE HORRY-GEORGETOWN TECHNICAL EDUCATION COMMISSION, SO AS TO FURTHER PROVIDE FOR THE POWERS OF THE COMMISSION IN REGARD TO THE ACQUISITION AND USE OF REAL AND PERSONAL PROPERTY AND THE MANNER IN WHICH A MORTGAGE ON PROPERTY MUST BE EXECUTED.

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

S. 135 -- Senators Pope, Lindsay, Martin, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas E. Smith, Jr., McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell W. Smith, Lourie, Applegate, Drummond, Land, Powell and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE CODE WHICH PROVIDES FOR PROVISIONS OF LAW WHICH SHALL REGULATE THE EXPENDITURE OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS AND ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, AND 59-123-90, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES AND ENTITIES, AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE CODE; AND TO REPEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, AND 59-19-240 RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN, AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE CODE.

Rep. TOAL explained the Bill.

The following Bill was taken up.

H. 2063 -- Reps. Aydlette and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 23 SO AS TO ENACT THE POLICE OFFICERS' BILL OF RIGHTS.

Reps. WHITE, WASHINGTON, WHIPPER and M.D. BURRISS objected to the Bill.

The following Bill was taken up.

S. 367 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIAN'S ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4537Y), which was adopted.

Amend the bill, as and if amended, in Section 40-47-25 of the 1976 Code, as contained in SECTION 2, page 2, by striking on lines 6 through 13:

/(B) (1) The board shall communicate to the National Commission on Certification of Physicians' Assistants, Inc., the demonstrated need to increase the number of times the Physicians' Assistants' examination is given annually. This is for the purpose of facilitating the taking of this examination by graduating physicians' assistants./; and on line 14 by striking /(2) In addition to item (1), the/ and inserting /(B) The/ so that when amended Section 40-47-25 shall read:

/Section 40-47-25. (A) A representative of the South Carolina Academy of Physicians' Assistants has the privilege of attendance at all meetings of the State Board of Medical Examiners (board) and must be permitted to speak to matters affecting physicians' assistants. However, this representative is not a member of the board and is not entitled to vote.

(B) The board shall explore the possibility of administering its own examination for purposes of determining a physicians' assistants' competency prior to issuing a temporary or permanent certificate. The board is authorized to impose an examination fee to cover the costs and expenses of administering this examination.

(C) If a supervising physician is employed in a publicly-supported or charitable institution providing free or reduced-fee services, the board may authorize the physician to supervise more than one physician's assistant under arrangements approved by the board./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

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

Rep. BARFIELD moved to adjourn debate upon the following Bill until Wednesday, May 20, which was adopted.

H. 2270 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.

Rep. CARNELL moved to adjourn debate upon the following Bill until Wednesday, May 20, which was adopted.

S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.

The following Bill was taken up.

H. 2957 -- Reps. Hodges and Clyborne: A BILL TO AMEND SECTION 16-13-180, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE CRIME OF RECEIVING STOLEN GOODS, SO AS TO RAISE FROM ONE HUNDRED TO TWO HUNDRED DOLLARS THE VALUE OF THE GOODS RECEIVED WHICH VESTS JURISDICTION IN THE CASE TO MAGISTRATES' COURTS AND TO RESTATE THE OFFENSE IN MODERN LANGUAGE.

Rep. HODGES explained the Bill and moved to adjourn debate upon the Bill until Wednesday, May 20, which was adopted.

The following Bill was taken up.

H. 2865 -- Reps. J.H. Burriss and T.M. Burriss: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND LICENSE FEES FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO DECREASE THE ANNUAL REGISTRATION FEE FROM FIFTEEN TO TEN DOLLARS FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER ON ANY PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4204Y), which was adopted.

Amend the bill, as and if amended, in subsection (3) of Section 56-3-620 of the 1976 Code, as contained in SECTION 1, line 5, by inserting after /dollars./ /The provisions of this subsection only apply to one vehicle for each registered owner./ so that when amended subsection (3) shall read:

/(3) For persons sixty-five years of age or older, the annual registration fee for any property-carrying vehicle with a gross weight of five thousand pounds or less shall be is fifteen ten dollars. The provisions of this subsection only apply to one vehicle for each registered owner."/

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

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

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 2865 be read the third time tomorrow.

The following Bill was taken up.

S. 102 -- Senators J. Verne Smith, McLeod, Setzler, E. Patterson, Lourie, Theodore and Nell W. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-375 SO AS TO PROVIDE THAT THE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE IS A MISDEMEANOR AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT A SECOND AND SUBSEQUENT CONVICTION OF THIS OFFENSE IS A FELONY, TO PROVIDE THAT THE MANUFACTURE, DISTRIBUTION, DISPENSATION, OR THE POSSESSION WITH INTENT TO DISTRIBUTE OR DISPENSE CRACK COCAINE IS GUILTY OF A FELONY AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT THE POSSESSION OF ONE OR MORE GRAMS OF CRACK COCAINE IS PRIMA FACIE EVIDENCE OF A VIOLATION OF THIS FELONY, TO PROVIDE THAT SENTENCES FOR VIOLATION OF THE PROVISIONS OF SECTION 44-53-375 MAY NOT BE SUSPENDED AND PROBATION MAY NOT BE GRANTED EXCEPT FOR A FIRST OFFENSE; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE "CRACK COCAINE"; TO AMEND SECTION 44-53-440, RELATING TO THE FELONY OF DISTRIBUTING A CONTROLLED SUBSTANCE CLASSIFIED IN SECTION 44-53-190(b)(c) (SCHEDULE 1) WHICH IS A NARCOTIC DRUG OR LYSERGIC ACID DIETHYLAMIDE (LSD) AND IN SECTION 44-53-210 (SCHEDULE II) WHICH IS A NARCOTIC DRUG TO A PERSON UNDER THE AGE OF EIGHTEEN, SO AS TO MAKE IT A SEPARATE OFFENSE FOR VIOLATIONS OF THIS SECTION AND INCLUDE IN IT A VIOLATION OF SECTION 44-53-375(B); TO AMEND SECTION 44-53-445, RELATING TO THE CRIME OF DISTRIBUTING, SELLING, OR MANUFACTURING, OR UNLAWFULLY POSSESSING WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL, SO AS TO PROVIDE A SEPARATE PENALTY UPON CONVICTION WHEN A VIOLATION OF THIS SECTION INVOLVES CRACK COCAINE; TO ADD THE FELONIES ESTABLISHED BY THE PROVISIONS OF SECTION 44-53-375 TO THE LIST OF FELONIES IN SECTION 16-1-10 WITH THE EXCEPTION OF THE CONVICTION OF THE FIRST OFFENSE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE; AND TO REPEAL SECTION 44-53-510 RELATING TO THE REQUIREMENT THAT ALL ARRESTS FOR DRUG AND NARCOTIC VIOLATIONS BE REPORTED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE COMMISSION ON ALCOHOL AND DRUG ABUSE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4166Y), which was adopted.

Amend the bill, as and if amended, in SECTION 2, page 3, lines 32 through 36, by striking:

/"'Crack cocaine' means cocaine which has been converted to a base form from cocaine hydrochloride using baking soda, ammonia, or a similar ingredient and water, and as a base, is suitable for smoking,"/ and inserting:

/"'Crack cocaine' means an alkaloidal cocaine or freebase form of cocaine, which is the end product of a chemical alteration whereby the cocaine in salt form is converted to a form suitable for smoking."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. WILKINS explained the Bill.

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

The following Bill was taken up.

S. 680 -- Senator Drummond: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF INCOME TO SECURE PAYMENT OF CHILD SUPPORT OBLIGATIONS, SO AS TO EXEMPT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS A PAYOR IN THE PAYMENT OF BENEFITS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4629Y).

Amend the bill, as and if amended, by adding before the last section:

/SECTION 2. Section 20-7-1315(E) of the 1976 Code is amended by adding:

"(11) When the child support enforcement agency is notified by the South Carolina Employment Security Commission in accordance with Section 41-35-140 that the obligor is receiving unemployment insurance benefits, the child support enforcement agency must notify the court for the intercept of unemployment insurance benefits when a delinquency in Title IV-D cases occurs. The intercept of unemployment insurance benefits must be in accordance with Section 41-35-140."/

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 20, which was adopted.

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

H. 3122 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 785, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3124 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, RELATING TO EXAMINATIONS AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 806, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOCKEMY explained the Joint Resolution.

The following Joint Resolution was taken up.

H. 3123 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF COSMETOLOGY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 792, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOCKEMY spoke upon the Joint Resolution.

Rep. HAWKINS moved to table the Joint Resolution, which was agreed to.

The following Bill was taken up.

H. 2464 -- Reps. McEachin and Nettles: A BILL TO AMEND SECTION 56-1-1090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST HABITUAL TRAFFIC OFFENDERS BEING ISSUED A LICENSE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS UNLESS THIS PERIOD IS OTHERWISE REDUCED BY A COURT, SO AS TO PERMIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF THE COURT TO REDUCE THE REQUIRED PROHIBITION PERIOD UNDER CERTAIN CONDITIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4752Y), which was adopted.

Amend the bill, as and if amended, by striking Section 56-1-1090 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 56-1-1090. (1) No license to operate motor vehicles in this State shall may be b issued to an habitual offender nor shall may a nonresident habitual offender operate a motor vehicle in this State:

(a) For a period of five years from the date of the order of the court finding the person to be an habitual offender unless the period is reduced to two years as permitted in item (c) subsection (2); and

(b) Until such that time as financial responsibility requirements are met;.

(c) (2) Until upon Upon petition to the Court of General Sessions, and for good cause shown, the court may upon those terms and conditions as the Court may prescribe restore to the person the privilege to operate a motor vehicle in this State upon such terms and conditions as the court may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses reduce the five-year period required in subsection (1)(a) to a two-year period. The petition permitted by this item subsection may be filed after a period of one year has expired from the date of the order finding the person to be an habitual offender. At this time and after hearing, the court in its discretion may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it shall run from the date of the original order. If the two-year period is not granted, no petition may be again filed until after a period of five years has expired from the date of the original order the original five-year period applies and no further petitions may be filed seeking a reduction in the five-year period.

(3) At the expiration of the five-year period or the two-year period if the five-year period is reduced by the court pursuant to subsection (2), the department must reissue the habitual offender's license without the necessity of a court order upon the habitual offender meeting the requirement of subsection (1)(b)./

Amend title to conform.

Rep. McEACHIN explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 2860 -- Reps. Keyserling, Sheheen, Beasley, J. Rogers, M.O. Alexander, Arthur, C. Bailey, K. Bailey, Barfield, Baxley, Bennett, Boan, G. Brown, J. Brown, R. Brown, Carnell, Cooper, Dangerfield, Day, Edwards, Elliott, Faber, Ferguson, Foster, Gentry, Gilbert, Gregory, P. Harris, Harvin, Hayes, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Kay, Kirsh, Lockemy, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McElveen, McGinnis, McKay, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Petty, L. Phillips, Rhoad, Rice, T. Rogers, Rudnick, Shelton, Short, Snow, Stoddard, Taylor, Toal, Townsend, Tucker, Waldrop, Washington, Whipper, White, Wilder, Jones, McLellan, T.C. Alexander and J. Harris: A BILL TO AMEND SECTIONS 7-9-70 AND 7-13-351, BOTH AS AMENDED, 7-11-30, AND 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT STATE AND COUNTY CONVENTIONS DURING A GENERAL ELECTION YEAR TO NOMINATE CANDIDATES FOR PUBLIC OFFICE MUST BE HELD NO LATER THAN THE SECOND TUESDAY IN JUNE, TO PROVIDE THAT NOMINEES BY PETITION FOR GENERAL ELECTIONS BE PLACED ON THE BALLOT NO LATER THAN THE SECOND TUESDAY IN JUNE, AND TO PROVIDE THAT THE OFFICIAL NUMBER OF REGISTERED ELECTORS FOR NOMINATION BY PETITION IS THE NUMBER REGISTERED IN THE AREA ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF ELECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4148Y), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Chapter 11 of Title 7 of the 1976 Code is amended by adding:

"Section 7-11-15. In order to qualify as a candidate to run in the general election, all candidates, whether seeking nomination by political party primary, political party convention, or by petition must file a statement of intention of candidacy, as follows:

(1) candidates seeking nomination by political party primary and political party convention for a statewide, congressional or district office which includes more than one county, shall file their statement of candidacy with the state Executive committee of their respective party between noon on April sixteenth and noon on April thirtieth and those candidates seeking nomination by political party primary and political party convention for the state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March sixteenth and noon March thirtieth;

(2) candidates seeking nomination by petition for a statewide, congressional or district office which includes more than than one county shall file their statement of candidacy with the State Election Commission between noon April sixteenth and noon April thirtieth;

(3) those candidates seeking nomination by petition for office of state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county election commission in the county of their residence between noon March sixteenth and noon March thirtieth.

The county executive committee of any political party with whom statements of candidacy are filed and the county election commission with whom statements of candidacy are filed must file, in turn, all statements of candidacy with the county clerk of court by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the statements must be filed by noon the following day. The State Executive Committee of any political party with whom statements of candidacy are filed must file, in turn, all the statements of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, petition, general election ballot, or special election ballot if the candidate's statement of candidacy has not been filed with the county clerk of court or State Election Commission, as the case may be, by the deadline. The candidate's name will appear if the candidate produces the signed and dated copy of his timely filed statement of candidacy.

The statement of candidacy required in this section and in Section 7-13-190(B) must be on such form as designed and provided by the State Election Commission. It must be filed in triplicate by the candidate, and the political party committee or county election commission with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county clerk of court or the State Election Commission, as the case may be.

If, after the closing of the time for filing statements of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of state Senator, the discretion must be exercised by the State committee."

SECTION 2. Section 7-13-40 of the 1976 Code is amended to read:

"Section 7-13-40. In the event that a party shall nominate candidates by party primary election, a party primary election shall must be held by such the party on the second Tuesday in June of each general election year and a second and third primary election each two weeks successively thereafter, if necessary. The entries for those wishing to offer for nomination in such party primary for a statewide, congressional or district office which includes more than one county shall open at noon on April sixteenth and close at noon on April thirtieth and the entries for those wishing to offer for nomination in such party primary for State Senator, member of the House of Representatives, a countywide or less than countyside office shall open at noon on March sixteenth. If, after the closing of the time for filing pledges, there be not more than two candidates for any one office and one or more of such candidates dies or withdraws, the state or county committee, as the case may be, may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of State Senator, the discretion shall exercised by the state committee."

SECTION 3. Section 7-13-190(B) of the 1976 Code, as amended by Act 493 of 1986, is further amended to read:

"(B) In partisan elections, whether seeking nomination by political party primary, political party convention, or by petition, filing by all candidates In partisan elections, the parties shall open filing for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15(1) and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-15(2)(3).

A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 166 -- Senator Holland: A BILL TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR HANDICAPPED PERSONS AS A QUALIFICATION.

Rep. WILKINS explained the Bill.

Rep. FOXWORTH moved to adjourn debate upon the Bill until Wednesday, May 20, 1987, which was adopted.

Rep. McEACHIN, with unanimous consent, made a statement relative to an article in the Columbia Record.

The Conference Report on the following Bill was taken up.

S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.

Rep. McTEER moved to adjourn debate upon the Conference Report until Wednesday, May 20, 1987, which was adopted.

The Free Conference Report on the following Bill was taken up.

H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.

Rep. WILKINS explained the Free Conference Report.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Rep. BLACKWELL moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 3131 -- Rep. O. Phillips: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA AERONAUTICS COMMISSION TO NAME THE NEW AIRPORT HANGARS AT THE AERONAUTICS COMMISSION CENTER IN COLUMBIA AS THE JOSEPH B. WILDER FLIGHT FACILITY.

H. 3138 -- Reps. Helmly, Hendricks and Evatt: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 20, 1987, AS THE TIME FOR ELECTING MEMBERS TO THE STATE BOARD OF SOCIAL SERVICES FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.

H. 3151 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO HELEN AND EUGENE C. TABBOT OF THE BOILING SPRINGS COMMUNITY OF SPARTANBURG COUNTY FOR THEIR MANY YEARS OF DEVOTED AND EFFECTIVE SERVICE TO EDUCATION UPON THE OCCASION OF THEIR RETIREMENT.

At 12:56 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.

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