Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O, God, by Your providence and wisdom we have been enabled to help and to do good to our fellowbeings. Use us, we pray, for the accomplishment of Your mighty plans and purposes. Make of us as instruments in Your hands to help transform the hearts of Your people everywhere to conform with the teachings of Your Holy Word, that all may exalt peace above war, love above hate, service above gain, unselfishness above ambitious desires. Make of us living temples, upright and acceptable in Your sight, where You might dwell and rule.

In gratitude and praise to You, Lord, we offer this our morning prayer. Amen.

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

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

MEMBERS ATTENDING:
SENATOR WARREN GIESE
SENATOR MAGGIE WALLACE GLOVER
SENATOR ALEXANDER S. MACAULAY
SENATOR JOE WILSON
REPRESENTATIVE CURTIS B. INABINETT
REPRESENTATIVE JENNINGS G. MCABEE
REPRESENTATIVE EUGENE C. STODDARD
REPRESENTATIVE H. HOWELL CLYBORNE, JR.

CHAIRMAN STODDARD: THE MEETING WILL COME TO ORDER. WE APPRECIATE YOUR ATTENDANCE THIS MORNING, LADIES AND GENTLEMEN. WE HAVE A PRETTY FULL AGENDA. THE FIRST ORDER OF BUSINESS THIS MORNING IS WE HAVE SEVERAL UNOPPOSED CANDIDATES: THREE CANDIDATES FROM WIL LOW GRAY OPPORTUNITY SCHOOL, ONE FROM THE CITADEL, THREE CANDIDATES FOR COASTAL CAROLINA, TWO CANDIDATES FOR SOUTH CAROLINA STATE UNIVERSITY. DO I HEAR A MOTION?
SENATOR WILSON: SO MOVE.
REPRESENTATIVE INABINETT: SECONDED.
CHAIRMAN STODDARD: IT WAS MOVED AND SECONDED TO WAIVE SCREENING OF UNOPPOSED CANDIDATES. ALL IN FAVOR SAY AYE, OPPOSED SAY OPPOSED; THE AYES HAVE IT. THOSE CANDIDATES ARE ROBERT D. BROWN, SEAT 10, FIFTH CONGRESSIONAL DISTRICT, COASTAL CAROLINA; H. FRANKLIN BURROUGHS AT LARGE, SEAT 13, COASTAL CAROLINA; CATHY B. HARVIN, SIXTH CONGRESSIONAL DISTRICT, SEAT 12, COASTAL; AND SOUTH CAROLINA STATE UNIVERSITY GEDNEY M. HOWE, III, SEAT ONE. THIRD CONGRESSIONAL DISTRICT, CHARLES LEWIS, SEAT 3.
WE HAVE THREE CANDIDATES FOR WIL LOU GRAY OPPORTUNITY SCHOOL: FRANK HART, ELIZABETH THRAILKILL AND CLOTILDA DIGGS.
FOR THE CITADEL WE HAVE ONE CANDIDATE, JOHN A. MCALLISTER, JR. YOU LADIES AND GENTLEMEN MAY BE EXCUSED.
WE HAVE A FEW PEOPLE WHO HAVE CONFLICTS. ONE GENTLEMAN, I BELIEVE, WOULD LIKE TO ATTEND A FUNERAL OUT OF STATE. AND ANOTHER ONE HAS A HEARING WITHIN THE BUILDING.
FIRST, WE ARE GOING IN SEQUENCE BUT FOR THESE TWO REQUESTS WE ARE GOING WITH THE SIXTH CONGRESSIONAL DISTRICT, SEAT 11, TWO YEAR TERM, FRED F. DUBARD, JR., FROM FLORENCE.

CHAIRMAN STODDARD: RAISE YOUR RIGHT HAND, PLEASE, MR. DUBARD, AND LET ME SWEAR YOU. DO YOU SWEAR OR AFFIRM THAT IN THE FOLLOWING TESTIMONY YOU WILL TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
MR. DUBARD: YES, SIR.
CHAIRMAN STODDARD: THANK YOU. MR. DUBARD, CONSIDERING YOUR PRESENT OCCUPATION OR OTHER ACTIVITIES, WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. DUBARD: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MR. DUBARD: NOT THAT I KNOW OF.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. DUBARD: NO, SIR.
CHAIRMAN STODDARD: ANY QUESTIONS OF THIS GENTLEMAN?
SENATOR WILSON: YES, SIR, MR. CHAIRMAN, AND THIS IS A QUESTION I WOULD LIKE TO ASK ALL PERSONS WHO COME FORWARD, AND I DON'T EXPECT A LONG, LENGTHY RESPONSE WITH AS MANY PEOPLE AS WE HAVE HERE, BUT A GREAT CONCERN I HAVE, IT'S BEEN REPORTED THAT IN SOUTH CAROLINA WE HAVE A VERY LOW GRADUATION RATE OVER A FOUR-YEAR PERIOD IN COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA. AND IT CONCERNS ME A GREAT DEAL FOR THE YOUNG PEOPLE THAT THEY'RE IN SCHOOL, INSTEAD OF FOUR YEARS, MAYBE SIX, SEVEN AND EIGHT. IT CONCERNS ME FOR THEIR PARENTS AND CONCERNS ME FOR THE TAXPAYERS. I DON'T THINK THAT IS AN EFFICIENT WAY TO INCREASE THE F.T.E.'S OF A COLLEGE AND I WOULD LIKE TO KNOW WHAT YOUR VIEW WOULD BE TOWARD ENCOURAGING A FOUR-YEAR GRADUATION RATE?
MR. DUBARD: I THINK ONCE SOMEONE GETS INTO COLLEGE, MAKES IT TO COLLEGE, I THINK WE SHOULD DO EVERYTHING POSSIBLE TO HAVE THEM MATRICULATE AND GET OUT IN A FOUR-YEAR PERIOD OF TIME. A LOT OF TIMES PEOPLE WILL SAY I WILL TAKE ANOTHER COURSE AND GO OUT TO WORK, BUT I THINK WE SHOULD DO EVERYTHING POSSIBLE TO MAKE THEM DO THE FOUR YEARS AND GET OUT AND ENCOURAGE THAT. I DON'T THINK WE ENCOURAGE THAT NOWADAYS.
SENATOR WILSON: THANK YOU.
CHAIRMAN STODDARD: AT THIS TIME I WOULD LIKE TO INTRODUCE YOU TO OUR PANEL: WE HAVE SENATOR GIESE TO MY FAR LEFT; SENATOR MACAULAY; REPRESENTATIVE CLYBORNE; SENATOR WILSON; REPRESENTATIVE INABINETT AND SENATOR GLOVER.
SENATOR GIESE: I WANT TO BE DESCRIBED AS BEING ON THE FAR RIGHT.
CHAIRMAN STODDARD: I THOUGHT EVERYONE WAS AWARE OF THAT, SENATOR.
OUR NEXT CANDIDATE HAS TO ATTEND A FUNERAL OUT OF STATE, MR. CRAIG WALL, JR., SEAT 15, COASTAL CAROLINA. MR. WALL.

CHAIRMAN STODDARD: DO YOU SWEAR THE FOLLOWING TESTIMONY IS THE TRUTH, MR. WALL?
MR. WALL: YES.
CHAIRMAN STODDARD: WITH YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. WALL: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MR. WALL: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST TO YOUR SERVICE ON THE BOARD?
MR. WALL: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSES OF THE CONSTITUTION?
MR. WALL: NO, SIR.
CHAIRMAN STODDARD: ANY QUESTIONS?
SENATOR WILSON: MR. WALL, SAME QUESTION AS TO ENCOURAGING A FOUR-YEAR GRADUATION RATE?
MR. WALL: TWO RECOMMENDATIONS: ONE, THAT WE IMPROVE THE QUALITY OF ADMISSION PROCESS SO WE ARE ADMITTING STUDENTS WHO ARE QUALIFIED TO GRADUATE IN FOUR YEARS; AND, SECOND, TO IMPROVE THE MONITORING PROCESS SO IF THERE IS A PROBLEM WE DETECT THAT EARLY AND PROVIDE THE ASSISTANCE THAT THE PARTICULAR INDIVIDUAL NEEDS.
SENATOR GLOVER: QUESTION: IT IS PREDICTED THAT BY THE YEAR 2000 THE WORLD'S WORK FORCE WILL BE MINORITIES AND WOMEN. AND YET IN THIS STATE THOSE ARE PROBABLY THE TWO GROUPS THAT WE DO LESS ABOUT ENCOURAGING EDUCATIONAL ASPIRATIONS FOR. WHAT WOULD YOU DO TO MAKE SURE THAT WE ARE READY FOR THE TWENTY-FIRST CENTURY IN THAT AREA?
MR. WALL: WE, AGAIN, DEALING WITH THE ADMISSIONS OFFICE NEED TO IDENTIFY MINORITY PROSPECTS FOR HIGHER EDUCATION AND RECRUIT THOSE PROSPECTS AND ESTABLISH PROGRAMS PERHAPS LIKE DAVIDSON COLLEGE HAS DONE WHICH IS A LEVEL LEARNING PROGRAM WHICH IDENTIFIES EIGHTH AND NINTH GRADE STUDENTS AND MOVE THEM INTO A SUMMER PROGRAM TO BETTER PREPARE THEM FOR COLLEGE.
SENATOR MACAULAY: WITH THE NEW UNIVERSITY STATUS, DO YOU ALL HAVE A PRESIDENT OR WHAT DO YOU HAVE AT THE UNIVERSITY?
MR. WALL: WE HAVE AN INTERIM CHANCELLOR, RON INGLE.
SENATOR MACAULAY: WHAT SORT OF PROCESS DO YOU PERCEIVE TRYING TO FIND SOMEBODY FOR THE UNIVERSITY, DO YOU CALL THEM PRESIDENTS AT UNIVERSITIES?
MR. WALL: YES. WHEN THIS BOARD OF TRUSTEES IS ESTABLISHED IT SHOULD CREATE A SEARCH COMMITTEE WHICH SHOULD CONSIST OF TRUSTEES, FACULTY MEMBERS, STUDENTS AT COASTAL, AND BEGIN THE SEARCH PROCESS.
SENATOR MACAULAY: OUTSIDE OF THE---
MR. WALL: TO INCLUDE RON INGLE OF COURSE.
SENATOR WILSON: MR. CHAIRMAN, MR. WALL HAS MENTIONED DAVIDSON COLLEGE AND I WOULD LIKE TO PUBLICLY THANK YOU FOR YOUR EFFORTS TO PROVIDE SCHOLARSHIPS AT DAVIDSON. IT'S AN INSTITUTION BOTH CAROLINAS CAN BE PROUD OF, AND I AM FAMILIAR WITH YOUR WORK THERE.
CHAIRMAN STODDARD: BACK NOW TO OUR REGULAR SCHEDULE. NUMERICALLY, STARTING FIRST WITH THOSE CANDIDATES FOR SOUTH CAROLINA STATE UNIVERSITY, IF YOU WOULD LIKE YOU MAY RECESS YOURSELVES POSSIBLY 30 OR 40 MINUTES BECAUSE IT'S PROBABLY GOING TO BE THAT LONG AT LEAST BEFORE WE GET TO YOU.
DR. DUNN, I BELIEVE, IS NOT PRESENT, IS HE? I UNDERSTAND HE IS OUT OF STATE. WE NOW HAVE ELNORA SUE METZGER. IS SHE PRESENT?

CHAIRMAN STODDARD: MS. METZGER, DO YOU SWEAR TO TELL THE TRUTH, MA'AM?
MS. METZGER: YES, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. METZGER: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF?
MS. METZGER: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST WITH YOUR SERVICE ON THE BOARD?
MS. METZGER: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING POLICY OF THE CONSTITUTION?
MS. METZGER: NO, SIR.
CHAIRMAN STODDARD: ANY QUESTIONS OF THE LADY?
SENATOR WILSON: SAME QUESTION ABOUT THE FOUR-YEAR GRADUATION RATE?
MS. METZGER: I THINK THERE ARE A NUMBER OF ANSWERS TO THAT, A NUMBER OF PROBLEMS. MY BACKGROUND IS IN STUDENT DEVELOPMENT SO, OBVIOUSLY, IN HIGHER ED ADMINISTRATION, SO OBVIOUSLY I WOULD BE LOOKING VERY STRONGLY AT NOT ONLY ADMISSIONS BUT WHAT KIND OF SUPPORT SERVICES AND COUNSELING SERVICES WE HAD. IN ADDITION, I THINK A LOT OF THE THINGS IN ENCOURAGING THE STUDENTS TO ACHIEVE COME MUCH EARLIER, AND I THINK WE NEED TO LOOK AT MAKING SURE THAT WE TRAIN OUR TEACHERS GOING INTO ELEMENTARY SCHOOLS, ESPECIALLY TO BE SKILLED IN DEALING WITH STUDENTS AT RISK. AND I THINK ANOTHER AREA IS WORKING WITH OUR EXCELLENT TWO-YEAR TECHNICAL COLLEGES TO TRY TO COUNSEL MARGINAL STUDENTS OR STUDENTS WHO DON'T HAVE ADEQUATE BACKGROUND INTO THOSE AND DEVELOP A BETTER ARTICULATION PROGRAM SO THAT THEY DO COME THROUGH, AND WHEN THEY HIT THE FOUR-YEAR COLLEGE THEY'RE READY TO COMPETE WITH THEIR PEERS.
CHAIRMAN STODDARD: REPRESENTATIVE INABINETT?
REPRESENTATIVE INABINETT: MY QUESTION IS WITH STATE ALLOCATED FUNDS TO STATE COLLEGES AND UNIVERSITIES CONSTANTLY DECREASING, WHAT IN YOUR OPINION DO YOU BRING TO THE BOARD THAT COULD HELP SORT OF BRING LEVERAGE TO THAT SITUATION?
MS. METZGER: WELL, I AM VERY MUCH A PROPONENT OF PUBLIC EDUCATION -- WELL, PLURALIST EDUCATION BUT PUBLIC EDUCATION -- AND I THINK WE HAVE TO LOBBY AND MAKE A GOOD CASE TO THE LEGISLATURE FOR WHAT KIND OF MONEY WE DO NEED TO EFFECTIVELY AND EFFICIENTLY OPERATE COLLEGES, AND AT THE SAME TIME DO A GOOD JOB OF EFFICIENTLY USING THOSE DOLLARS FOR THE HIGHEST RATE OF EFFICIENCY AND PRODUCTIVITY IN ACTUALLY DOING A QUALITY INSTITUTION.
SENATOR GLOVER: SAME QUESTION: 85 PERCENT OF THE WORLD'S WORK FORCE WOULD BE MINORITIES AND WOMEN. WHAT WOULD YOU DO TO INSURE US BEING READY?
MS. METZGER: ONE, I THINK WE HAVE TO BE AWARE OF IT AND WE ALL HAVE TO BE AWARE OF IT. WE HAVE TO BE ABLE TO ALSO ATTACK THE PROBLEM WHERE IT BEGINS. WITH WOMEN AND MINORITIES, MOST OF THE STUDIES COMING OUT NOW SHOW THAT THIS CHANGE IN ASPIRATIONS AND CHANGE IN ACADEMIC EXCELLENCE AND SELF-ESTEEM PROBLEMS THAT CONTRIBUTE TO THAT AT A LOWER LEVEL LIKE PRETEENS, 9 AND 11 YEARS OLD, EARLY TEEN YEARS. I THINK THROUGH BETTER TEACHER TRAINING YOU CAN GET TO A LOT OF THOSE PROBLEMS, AND I THINK THERE ARE KINDS OF OUTREACH PROBLEMS THAT INSTITUTIONS CAN DO TO HELP GET INDUSTRY SUPPORT, BECAUSE THEY'RE GOING TO LOOK AT OUR PRODUCTS FOR THEIR LABOR FORCE, AND SO WHETHER OR NOT THEY WANT TO, I THINK THEY HAVE A STAKE IN HELPING US DO A GOOD JOB.
SENATOR GIESE: CHAIRMAN AND MEMBERS OF THE COMMITTEE: EARLY ON YOU MENTIONED SOMETHING THAT PEAKED MY INTEREST ABOUT COUNSELING AND STUDENT SERVICES AND THINGS LIKE THAT. I PERSONALLY THINK THAT IS ONE OF THE DRAGS WE HAVE, CERTAINLY IN HIGHER EDUCATION TODAY BECAUSE SO MUCH OF OUR EFFORTS SEEM TO BE SPOONFEEDING, HERE IS A LITTLE GAME THAT YOU CAN PLAY AND HERE IS SOMETHING WE CAN HELP YOU WITH THIS AND WE HAVE TAKEN AWAY -- I JUST HATE TO THINK THAT -- HISTORY, YOU KNOW, PEOPLE DECIDED THEY WANTED TO GO TO SCHOOL AND BUCKLED DOWN WITH THEIR WORK AND THEY DIDN'T HAVE TO HAVE SOMEONE SPOONFEEDING THEM EVERY STEP OF THE WAY, AND YOU SEEM TO BE A LITTLE BIT ON THE SIDE THAT YOU WANT TO CHANGE TEACHER EDUCATION. THEY HAVE BEEN CHANGING TEACHER EDUCATION SINCE THE BEGINNING OF TIME AND THEY STILL HAVEN'T BEEN SATISFIED WITH WHAT'S GOING ON. SO SOME OF YOUR SUGGESTIONS ABOUT HOW WE ARE GOING TO SOLVE THESE PROBLEMS THAT WERE MENTIONED ON THIS SIDE THAT 85 PERCENT OF OUR WORK FORCE IS MINORITIES AND WOMEN, IT LOOKS LIKE THE FAMILY SOMEPLACE IS GOING TO SUFFER, BUT TELL ME DO YOU THINK WE CAN SOLVE THE PROBLEMS WITH COUNSELING AND CHANGING THE TEACHING FOCUS AND SO ON?
MS. METZGER: I DON'T THINK WE CAN SOLVE THE PROBLEM WITH ANY ONE THING BUT MY NOTION OF COUNSELING AND SUPPORT SERVICES APPARENTLY IS DIFFERENT THAN YOURS, AND I AM NOT SURE WHAT CURRENTLY -- BUT MY PRESENT EXPERIENCE AND MY EXPERIENCE IN THE LAST 20 YEARS HAS BEEN AT THE MEDICAL UNIVERSITY AND OF A SELECTIVE ADMISSION INSTITUTION. PRIOR TO THAT MY WORK IN STUDENT DEVELOPMENT, I GUESS I NEVER SAW THE SPOONFEEDING, BECAUSE THE OBJECTIVE IS TO BRING STUDENTS UP TO SPEED AND GIVE THEM THE SKILLS SO THEY CAN PERFORM THE REQUIRED WORK.
SENATOR GIESE: THAT IS WHAT SCHOOLS ARE FOR RIGHT NOW, TO EDUCATE. DEFINE SUPPORT SERVICES THAT YOU SAY THAT I DESCRIBED AS SPOONFEEDING.
MS. METZGER: WELL, STUDENTS DON'T HAVE SUFFICIENT STUDY SKILLS. IF STUDENTS HAVE INSUFFICIENT STUDY SKILLS IN SOME AREAS, YOU HELP THEM ACQUIRE THOSE STUDY SKILLS; YOU DON'T DO THE WORK FOR THEM. YOU HELP THEM ACQUIRE THE SKILLS TO DO WHAT IS NECESSARY TO MEET THE STANDARDS.
SENATOR GIESE: IN THE 12 YEARS THEY HAVE GONE TO SCHOOL IN THE PUBLIC SCHOOL SYSTEM IT REALLY AMAZES ME THAT 30 SOME PERCENT OF THE COLLEGE STUDENTS NEED TO HAVE REMEDIAL WORK BECAUSE THEY DIDN'T GET THE WORK IN HIGH SCHOOL. SO WE PAY FOR IT TWICE. WE PAY FOR IT IN HIGH SCHOOL AND PAY FOR IT AGAIN IN THE KINDS OF THINGS YOU ARE MENTIONING?
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
CHAIRMAN STODDARD: THANK YOU, DOCTOR. OUR NEXT CANDIDATE IS CLARK PARKER, MYRTLE BEACH.

CHAIRMAN STODDARD: RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH SO HELP YOU GOD?
MR. PARKER: I DO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING THE BOARD IN YOUR FULL CAPACITY?
MR. PARKER: NO, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. PARKER: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. PARKER: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING POLICY OF THE CONSTITUTION?
MR. PARKER: I AM NOT ON AN ELECTED BOARD; I AM ON AN APPOINTED BOARD FOR HORRY COUNTY HIGHER EDUCATION COMMISSION WHICH I WOULD HAVE TO RESIGN.
CHAIRMAN STODDARD: YOU INTEND TO DO THAT IF ELECTED?
MR. PARKER: YES, SIR.
CHAIRMAN STODDARD: ANY QUESTIONS.
SENATOR WILSON: YOUR POSITION ON A FOUR-YEAR GRADUATION RATE BEING ENCOURAGED?
MR. PARKER: DEFINITELY. I THINK TO SOLVE THAT PROBLEM WOULD BE TO RAISE THE ENTRANCE REQUIREMENTS TO BRING UP ACADEMIC STANDARDS TO MAKE SURE WE GET QUALITY, COMPETENT, CAPABLE STUDENTS IN THAT PROGRAM.
SENATOR WILSON: WHAT ABOUT ADVISING AS TO COURSE SCHEDULES THAT WOULD LEAD TO A FOUR-YEAR GRADUATION RATE RATHER THAN AN EIGHT-YEAR GRADUATION RATE?
MR. PARKER: I THINK A LOT OF TIMES SOME STUDENTS, AS YOU KNOW, START IN ONE AREA AND CHANGE DIRECTION AND LOSE A YEAR OR TWO YEARS, AND SOME OF THOSE THINGS ARE UNAVOIDABLE IN SOME CASES, BUT I THINK ONCE THAT PERSON MAKES UP THEIR MIND TO GET A DEGREE IN WHATEVER IT IS, I THINK THEY NEED TO BE COUNSELED THAT IS THE AREA THAT NEEDS TO BE CONCENTRATED ON AND GO AFTER IT. WE'RE NOT GOING TO SOLVE THOSE PROBLEMS OVERNIGHT.
SENATOR GLOVER: SAME QUESTION.
MR. PARKER: YOUR QUESTION ABOUT WOMEN, I THINK WHAT CAN I DO?
SENATOR GLOVER: MINORITIES AND WOMEN.
MR. PARKER: ON THE WOMEN SIDE IS THAT I HAVE STAFF OF NINE AND EIGHT ARE WOMEN THAT I EMPLOY IN OUR FIRM AND WE DO HAVE, I THINK, AN EDUCATIONAL PROCESS TO BRING EQUALITY AND INFORMATION UP. WE HAVE SOME QUALITY FOLKS THROUGHOUT THE STATE, BLACK, WHITE, OR WHATEVER THEY ARE, AND WE NEED TO MAKE SURE THAT THE OPPORTUNITIES AVAILABLE TO THEM ARE AVAILABLE FOR EVERYBODY.
CHAIRMAN STODDARD: THAT COMPLETES FIRST CONGRESSIONAL DISTRICTS. NEXT WE GO TO SEAT TWO. JAMES J. JOHNSON OF CONWAY.

CHAIRMAN STODDARD: DO YOU SWEAR THAT THE FOLLOWING TESTIMONY IS THE TRUTH SO HELP YOU GOD?
MR. JOHNSON: YES, SIR.
CHAIRMAN STODDARD: MR. JOHNSON, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WILL YOU BE ABLE TO THE ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. JOHNSON: I CAN.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MR. JOHNSON: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSES OF THE CONSTITUTION?
MR. JOHNSON: NO, SIR.
SENATOR WILSON: FOUR-YEAR GRADUATION RATE?
MR. JOHNSON: I CERTAINLY WOULD ENCOURAGE IT. I AM THE FATHER OF FOUR DAUGHTERS WHO ALL HAVE BEEN TO COLLEGES AND GRADUATE SCHOOLS AND LAW SCHOOLS AND I KNOW WHAT IT COSTS TO SEND THEM, AND I THINK IF THEY COULD GET THROUGH IN FOUR YEARS IT WOULD BE A WONDERFUL THING FOR A LOT OF THEM. I DO RECOGNIZE STUDENTS DO CHANGE THEIR CAREER PATHS IN THE COURSE OF THEIR COLLEGE EDUCATION. IN ANSWER TO YOUR QUESTION, WOULD ENCOURAGE IT. I THINK AN INSTITUTION CAN DO LOT TO ENCOURAGE THE FOUR-YEAR GRADUATION RATE. I MUST TELL YOU, THOUGH, THAT ONE OF MY DAUGHTERS GRADUATED FROM COLLEGE THE YEAR HER HIGH SCHOOL CLASS HAD HER TENTH ANNIVERSARY. SHE WAS A CHILD THAT COULDN'T TAKE A FULL COLLEGE LOAD AT A TIME. I ALSO TELL YOU OF THE FOUR DAUGHTERS SHE PERFORMED THE BEST IN THE WORK FORCE AND ENDED UP WITH THE BEST JOB, SO IT'S A TWO-EDGED SWORD THAT NEEDS TO BE LOOKED AT. I CERTAINLY ENCOURAGE FOUR-YEAR GRADUATION RATES, AND I THINK INSTITUTIONS CAN DO THAT, BUT THERE ARE A LOT OF OTHER FACTORS THAT NEED TO BE CONSIDERED.
SENATOR WILSON: THANK YOU VERY MUCH AND CONGRATULATIONS ON FOUR DAUGHTERS. I HAVE FOUR SONS, SO YOU ARE AN INSPIRATION TO ME.
MR. JOHNSON: SENATOR BUD LONG WAS BRAGGING ONE YEAR THAT HE, EX-SENATOR, THAT HE HAD PAID FOR COLLEGE TUITION FOR SOME 35 YEARS, AND I TOPPED HIM. I HAD 37.
SENATOR GLOVER: SAME QUESTION.
MR. JOHNSON: HOPEFULLY YOU KNOW HOW I FEEL ABOUT THE FEMALE POPULATION. I THINK WE OUGHT TO DO EVERYTHING WE CAN TO ENCOURAGE THEM. SOME OF MY DAUGHTERS ARE IN PROFESSIONS AND PERFORMING VERY, VERY WELL, SO THERE ARE GREAT OPPORTUNITIES THERE FOR FEMALES, AND I THINK WE SHOULD DO ANYTHING WE CAN TO ENCOURAGE IT. AND IN THE AREA WHERE COASTAL CAROLINA IS THERE IS A PARTICULAR POPULATION BASE. I THINK THE INSTITUTION NEEDS TO DEVELOP PROGRAMS FOR MINORITIES BECAUSE THERE ARE PLENTY OF MINORITY STUDENTS OUT THERE THAT CAN PERFORM SUCCESSFULLY AND ARE GREAT CONTRIBUTORS WHEN GIVEN THE OPPORTUNITY, AND I THINK THE RESPONSIBILITY LIES WITH THE INSTITUTION TO ENCOURAGE IT, AND I WOULD SUPPORT IT.
SENATOR MACAULAY: MR. JOHNSON, AS I ASKED ONE OR TWO OF THE OTHERS, I AM INTERESTED IN HOW UNIVERSITIES, NEW UNIVERSITIES, FIND NEW PRESIDENTS AND THINGS LIKE THAT?
MR. JOHNSON: FORTUNATELY -- I GUESS FORTUNATELY OR UNFORTUNATELY, I HAVE BEEN ON TWO SEARCH COMMITTEES AT COASTAL CAROLINA COLLEGE ALREADY. WHEN DR. M. SINGLETON STEPPED DOWN AND WE WENT THROUGH A PROCESS. DR. HOLDERMAN AT THAT TIME APPOINTED A COMMITTEE, AND I WAS ON THAT COMMITTEE, AND WHEN THAT PRESIDENT LEFT, I WAS ON ANOTHER COMMITTEE TO FIND A SECOND CHANCELLOR. SO I HAVE SERVED ON TWO SUCH COMMITTEES. I WOULD SAY A NATIONAL SEARCH FOR THE PRESIDENT OF COASTAL CAROLINA UNIVERSITY, AND I THINK THAT
SHOULD BEGIN AS SOON AS THIS BOARD IS SEATED. I THINK THERE WILL BE PLENTY OF APPLICANTS, TOO.
SENATOR MACAULAY: YOU DO SEE A DIFFERENCE BETWEEN AN ADJUNCT CAMPUS OF ANOTHER INSTITUTION OF HIGHER LEARNING AND A UNIVERSITY?
MR. JOHNSON: ABSOLUTELY.
CHAIRMAN STODDARD: NEXT WE HAVE ROBERT D. WILSON FROM GEORGETOWN.

CHAIRMAN STODDARD: MR. WILSON, DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. WILSON: I DO.
CHAIRMAN STODDARD: SIR, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. WILSON: I WOULD BE ABLE TO.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MR. WILSON: NO.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, EITHER PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. WILSON: NO.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITIONS OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE A DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. WILSON: NO, SIR.
SENATOR WILSON: YOUR POSITION ON A FOUR-YEAR GRADUATION RATE?
MR. WILSON: I THINK THE PRIMARY INTEREST THAT I WOULD HAVE WOULD BE A STRONGER OUTREACH PROGRAM TO THE HIGH SCHOOL THAT IS SUPPORTED BY THE INSTITUTION, THE UNIVERSITY. I THINK THAT GREATER CONTACT AT THE HIGH SCHOOL LEVEL WOULD START TO PREPARE THOSE STUDENTS FOR A MORE VIGOROUS ACTION WHILE THEY'RE AT THE UNIVERSITY. I THINK THERE IS NO GOOD ANSWER FOR SOLVING ONE OF THE MAJOR OBSTACLES TO A FOUR-YEAR DEGREE AND THAT IS OF COURSE FUNDING AND FINANCING.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
SENATOR MACAULAY: MR. WILSON, HOW DO YOU SEE FINDING A PRESIDENT AT THE UNIVERSITY?
MR. WILSON: I HAVE BEEN AT FOUR MAJOR INSTITUTIONS AND ALL OF THOSE HAVE APPROACHED IT CONSISTENTLY THROUGH A NATIONAL SEARCH, APPOINTMENT OF A SEARCH COMMITTEE COMPOSED OF A BOARD OF TRUSTEES OR REGENTS, WHATEVER THEIR CASE MAY BE, FACULTY, AND NOT ONLY FACULTY BUT ALSO STUDENT AND OR OTHER GROUPS THAT HAVE AN INTEREST IN HIGHER EDUCATION.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
SENATOR GLOVER: SAME QUESTION.
MR. WILSON: I HAVE BEEN VERY ACTIVE IN MY CAREER AS A DEVELOPER OF COLLEGE AND UNIVERSITIES. I HAVE ALWAYS BEEN IN THE FACILITIES AREA AT STANFORD UNIVERSITY AND AT WESLEYAN UNIVERSITY AND BUILDING A NEW CAMPUS FOR UNIVERSITY OF MICHIGAN AT FLINT, AND MOST RECENTLY DOING MASTER PLANNING AND DEVELOPMENT WITH UNIVERSITY OF NORTH CAROLINA AT GREENSBORO AS A CONSULTANT, AND WHILE AT WESLEYAN IN THE SEVENTIES, I DID A LOT OF WORK IN BRINGING MINORITY PARTICIPATION INTO THE CONSTRUCTION AND DEVELOPMENT PROGRAMS AND DESIGNING OF FACILITIES PROGRAMS AT THE UNIVERSITIES. I FEEL THE SAME INTEREST IN SUPPORT OF MINORITY AND WOMEN PARTICIPATION AND SUPPORT STRUCTURES AT THE INSTITUTION ARE IMPORTANT IN THAT PROCESS; BUT, AGAIN, I FEEL WE NEED A MUCH STRONGER OUTREACH PROGRAM TO THE HIGH SCHOOLS AND EVEN TO THE PRIMARY GRADE LEVEL TO CREATE THE AURA OF ATTAINMENT OF HIGHER EDUCATION AND BRING IT CLOSER TO THE STUDENTS THROUGH THE OUTREACH PROGRAMS.
CHAIRMAN STODDARD: THAT COMPLETES THE FIRST CONGRESSIONAL DISTRICT. NOW WE GO TO THE SECOND. SEAT THREE, TWO-YEAR TERM. FIRST WE HAVE CRAIG GARNER, JR., FROM COLUMBIA.

CHAIRMAN STODDARD: DO YOU SWEAR THE FOREGOING TESTIMONY WILL BE THE TRUTH, SO HELP YOU GOD?
MR. GARNER: YES, SIR.
CHAIRMAN STODDARD: MR. GARNER, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ABLE TO SERVE AND ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. GARNER: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. GARNER: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. GARNER: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE A DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. GARNER: NO, SIR.
SENATOR WILSON: I WOULD LIKE TO KNOW YOUR POSITION ON ENCOURAGING A FOUR-YEAR GRADUATION RATE.
MR. GARNER: AS A PARENT OF A SON WHO IS JUST GRADUATING FROM COLLEGE NEXT WEEK, I AM ALL IN FAVOR OF GETTING DONE IN FOUR YEARS IF YOU CAN DO IT A ON A FULL TIME BASIS. I KNOW A NUMBER OF STUDENTS DO HAVE TO WORK TO COVER THE FINANCES. I THINK WE OUGHT TO TAKE THAT IN ACCOUNT, BUT AS A GENERAL RULE I THINK WE SHOULD STRONGLY ENCOURAGE FOUR-YEAR GRADUATION RATE.
SENATOR GLOVER: THE SAME QUESTION.
MR. GARNER: YES, MA'AM. YOUR QUESTION, FOR THE PAST FIVE YEARS I HAVE DONE ALUMNI RECRUITING FOR MY COLLEGE AND WE STARTED OFF MAKING AN EFFORT TO GET WOMEN AND MINORITY STUDENTS INTERESTED IN OUR SCHOOL AND WHAT WE ENCOUNTERED INITIALLY WAS TRYING TO SELL THEM AND IMPROVE THEIR SELF-IMAGE SOMEWHAT, BUT WHAT WE HAVE DISCOVERED VERY HAPPILY IS THAT ONCE WE GOT GOOD STUDENTS IN SCHOOL THEY BECAME VERY ENTHUSIASTIC ABOUT SCHOOL AND HAVE BECOME BETTER SALESMEN THAN ANY OF US ALUMNI EVER WERE, AND THAT IS ONE OF THE THINGS I WOULD PUSH TO DO VERY MUCH BECAUSE I THINK WE DO NEED TO BALANCE THE POPULATION OF THE SCHOOL AND RECOGNIZE SINCE COASTAL IS A SCHOOL THAT'S VERY SUPPORTED BY THE LOCAL COMMUNITY, I THINK WE NEED TO RECOGNIZE THAT LOCAL COMMUNITY DOES HAVE A HIGH NUMBER OF MINORITIES AND WOMEN THAT SHOULD BE ATTENDED TO.
CHAIRMAN STODDARD: THANK YOU, SIR. NEXT WE HAVE ORAN P. SMITH OF COLUMBIA.

CHAIRMAN STODDARD: MR. SMITH, DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH?
MR. SMITH: YES, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. SMITH: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MR. SMITH: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR SERVICE ON THE BOARD?
MR. SMITH: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE A DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. SMITH: NO, I DO NOT.
SENATOR GLOVER: SAME QUESTION.
MR. SMITH: WE HAVE HAD A LOT OF TIME TO THINK ABOUT THIS QUESTION SO WE HAVE A LITTLE ADVANTAGE, I GUESS, BUT, SENATOR, I THINK THERE ARE A NUMBER OF THINGS THAT CAN BE DONE, AND ONE THING WE CAN DO IS ELECT MORE MAGGIE GLOVERS TO THE SENATE AND HOUSE. IF WE CAN SHOW IN A PUBLIC WAY THAT BLACKS AND WOMEN CAN ACHIEVE GREAT THINGS IN THIS STATE THAT IS A MESSAGE TO BE SENT, AND THE REASON IS I THINK THERE IS A MENTALITY AMONG BLACKS AND WOMEN THAT IS BEING ENCOURAGED BY LOT OF GUIDANCE COUNSELORS -- SENATOR GIESE WAS TALKING ABOUT THE GUIDANCE COUNSELORS -- WELL, YOU ARE A WOMAN, MAYBE YOU SHOULD LOOK INTO CERTAIN PROFESSIONS, AND THEY ARE CHANNELED INTO THESE PROFESSIONS AND OTHER DOORS ARE NOT EVEN PRESENTED TO THEM SO THEY DON'T EVER TRY THE DOORS, AND I THINK THAT STARTS AT A VERY LOW LEVEL FROM ELEMENTARY SCHOOL UP TO TRAIN WOMEN AND MINORITIES AND MINORITY WOMEN, BOTH, THAT THE WORLD IS WIDE OPEN TO THEM AND THEY CAN ACHIEVE ANYTHING THEY CHOOSE TO A ACHIEVE.
SENATOR WILSON: MR. SMITH, YOUR POSITION ON ENCOURAGING THE FOUR-YEAR GRADUATION RATE?
MR. SMITH: SENATOR, THERE ARE SOME PRETTY STRONG TACTICS THAT CAN BE TAKEN. ONE IS TO CUT OFF THE MONEY. STUDENT LOANS IN THIS STATE ARE SUCH THAT YOU CAN PRETTY MUCH GO FOREVER AND KEEP DEFERRING YOUR STUDENT LOAN PAYMENT. IF YOU KNOW THAT YOU BETTER GET OUT OF SCHOOL AND START TO EARN THE WAGES TO PAY YOUR MONEY BACK THAT YOU BORROWED, THAT IS A VERY STRONG ENCOURAGEMENT TO FINISH WORK. ANOTHER IS THERE ARE CERTAIN THINGS THAT ADMINISTRATORS CAN DO, CERTAIN ACADEMIC REGULATIONS, THAT YOU MUST MAINTAIN A CERTAIN GPR OR GPA TO CONTINUE IN SCHOOL, AND IF THOSE LEVELS ARE ADEQUATE IT SHOULD ENCOURAGE A STUDENT TO CONTINUE IN SCHOOL ONLY IF THEIR GRADES ALLOW THEM TO DO SO.
CHAIRMAN STODDARD: ANY FURTHER QUESTIONS? THANK YOU, SIR. NEXT WE HAVE SEAT FOUR, SECOND CONGRESSIONAL DISTRICT, LYNN ADAMS GRIEB FROM GILBERT.

MS. GRIEB: I HAVE SOME SHEETS TO PASS AROUND (HANDING OUT SHEETS TO MEMBERS.)
CHAIRMAN STODDARD: DO YOU SWEAR THE FOREGOING TESTIMONY IS TRUE SO HELP YOU GOD?
MS. GRIEB: YES, I DO.
CHAIRMAN STODDARD: MA'AM, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. GRIEB: YES, SIR, I COULD
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MS. GRIEB: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR SERVICE ON THE BOARD?
MS. GRIEB: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE A DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. GRIEB: YOU HAVE SAID THAT, BUT THAT HEAVY SOUTHERN ACCENT---
CHAIRMAN STODDARD: DO YOU HOLD ANY POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE A DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. GRIEB: NO, SIR.
SENATOR GLOVER: SAME QUESTION.
MS. GRIEB: THE DIFFERENT ANSWERS WE HAVE HEARD WERE ALL TRUE. IT'S A REALLY COMPLICATED PROBLEM FROM MY PERSPECTIVE. THE OLD CLICHE OF RAISING CONSCIOUSNESS IS TRULY THE KEY FOR MINORITIES AND FOR WOMEN AND FOR MEN AS WELL TO REALIZE THAT THEY CAN PROCEED TO DO SOMETHING, SO THAT ALL OF US AS WE GO FORTH AS ROLE MODELS SO THAT PEOPLE CAN SAY IF THEY COULD DO IT, I CAN DO IT AND THEN IF WE ENCOURAGE AS WE GO ALONG WE NEED TO WIDEN THEIR PERSPECTIVES, TO PLAY UP THE POSITIVE ROLE MODELS AS WE LOOK AROUND AND SEE THEM IN OUR LEGISLATURE, IN OUR STATE, AND IN OUR COMMUNITIES REGARDLESS OF THE SIZE, AND PLANT THAT SEED OF HOPE IN EMPOWERMENT, SO IF PEOPLE THINK THEY CAN DO IT, THEN THEY HAVE THE DESIRE TO GO AHEAD AND PROCEED.
SENATOR WILSON: WHAT IS YOUR POSITION IN REGARD TO ENCOURAGING A FOUR-YEAR GRADUATION RATE?
MS. GRIEB: I THINK THAT IT'S AN EXCELLENT IDEA. I JUST HAVE HAD TWO SONS THAT HAVE GONE THROUGH COLLEGE AND IT'S A MAJOR EXPENSE. AS WE LOOK AT OUR DIFFERENT SCHOOLS, HOW WE ARE GOING TO GET DIFFERENT RATES OF PASSAGE BECAUSE OF THE STANDARDS DIFFERENT SCHOOLS ARE GOING TO HAVE AND WE HAVE TO DECIDE IN THE SCHOOLS IF WE ARE GOING TO BE INCLUSIVE OR EXCLUSIVE. WE HAVE PEOPLE WORKING OUR WAY THROUGH SCHOOLS, AND IF WE WANT TO HELP ASSIST THOSE PEOPLE, THEN LOANS AND GRANTS ARE POSSIBILITIES. IF PEOPLE ARE TAKING LONGER THAN FOUR YEARS BECAUSE OF THE NEED TO TAKE REMEDIAL COURSES, THEN THAT CERTAINLY CAN BE ADDRESSED BEFORE THEY COME TO SCHOOL. IF THEY ARE CHANGING MAJORS THEN THAT AGAIN IS A WHOLE DIFFERENT REASON, SO IT RATHER DEPENDS UPON THE SCHOOL AND THE PERSPECTIVE OF THE SCHOOL AS HOW YOU WOULD -- IN SOME CASES I DON'T KNOW THAT IT'S SO BAD IF THEY TAKE FIVE OR SIX YEARS IF WE ACTUALLY GET THEM THROUGH IF THEY ARE WORKING AND TAKING LESSER LOADS ALONG THE WAY.
CHAIRMAN STODDARD: ANY FURTHER QUESTIONS? THANK YOU, MA'AM. OUR NEXT CANDIDATE IS JAMES F. KANE OF COLUMBIA. I UNDERSTAND HE IS OUT OF STATE, SO WE GO TO WALTER P. WITHERSPOON, DR. WITHERSPOON, OF WEST COLUMBIA.

CHAIRMAN STODDARD: DO YOU SWEAR THE FOREGOING TESTIMONY IS TRUE SO HELP YOU GOD?
DR. WITHERSPOON: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
DR. WITHERSPOON: I CAN.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF TO PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
DR. WITHERSPOON: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR SERVICE ON THE BOARD?
DR. WITHERSPOON: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
DR. WITHERSPOON: NO, SIR.
SENATOR GLOVER: NOW AS A COLLEGE TRUSTEE WHAT WOULD YOU ENCOURAGE COASTAL TO DO ABOUT THE SAME QUESTION?
DR. WITHERSPOON: I THINK WE HAVE TO, AS FAR AS THE UNIVERSITY IS CONCERNED WE HAVE TO DO A GOOD JOB P.R.-WISE AND OTHERWISE AROUND THE STATE AS FAR AS SELLING THE UNIVERSITY AND WHY IT'S A GREAT UNIVERSITY, AND ALSO AS FAR AS LETTING EVERYBODY KNOW IT'S AN EQUAL OPPORTUNITY SITUATION FOR ALL PEOPLE AND THAT WE CAN GIVE THEM AS GOOD OF AN EDUCATION AS ANYWHERE IN SOUTH CAROLINA AND THAT WE WILL DO A GOOD JOB AND THEY WILL BE A CREDIT TO THE WORK FORCE.
SENATOR WILSON: DOCTOR, WE ARE ALWAYS GLAD TO HAVE YOU COME VISIT US AND APPRECIATE YOU BEING HERE, AND OF COURSE THE QUESTION IS WHAT IS YOUR POSITION ON HOW TO ENCOURAGE FOUR-YEAR GRADUATION RATE?
DR. WITHERSPOON: AS YOU MAY OR MAY NOT KNOW I HAVE A 20 YEAR DAUGHTER WHO IS IN SCHOOL AT THIS TIME. WHEN SHE STARTED I TOLD HER SHE HAD FOUR YEARS, THE MONEY WOULD RUN OUT SOON, AND SHE COULDN'T GO BEYOND THAT POINT UNLESS IT WAS GRADUATE SCHOOL, BUT I THINK IT'S VERY IMPORTANT TO GET THEM THROUGH SCHOOL AS SOON AS WE CAN. IT'S A BURDEN ON NOT ONLY THE PARENTS BUT ON THE TAXPAYERS OF SOUTH CAROLINA. I THINK IT'S VERY IMPORTANT. I THINK WE CAN ENHANCE THAT SOMETIMES BY THE JOB WE DO WITHIN THE SCHOOL AS FAR AS TUTORING AND COUNSELING AS FAR AS HELPING THE STUDENTS EXTRACURRICULAR AND I WOULD BE IN FAVOR OF THAT AS FAR AS THE UNIVERSITY IS CONCERNED.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? THANK YOU, DOCTOR. THAT COMPLETES THE SECOND CONGRESSIONAL DISTRICT. NOW WE GO TO THE THIRD CONGRESSIONAL DISTRICT, SEAT FIVE, TWO YEAR TERMS, AND OUR FIRST CANDIDATE IS PAYNE HENDERSON BARNETTE, JR. OF GREENWOOD.

CHAIRMAN STODDARD: DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH SO HELP YOU GOD?
MR. BARNETTE: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. BARNETTE: I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. BARNETTE: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR SERVICE ON THE BOARD?
MR. BARNETTE: NO, SIR. I DON'T.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. BARNETTE: NO, SIR.
SENATOR GLOVER: SAME QUESTION AS A UNIVERSITY TRUSTEE.
MR. BARNETTE: I FEEL THAT MINORITIES AND WOMEN IN COLLEGE, BY THE TIME THEY GET THERE, I THINK WE NEED TO WORK WITH THEM ON GOALS AND THAT SORT OF THING ENCOURAGING THEM TO WHAT THEY CAN ACHIEVE BY HAVING A FOUR-YEAR COLLEGE EDUCATION, AND I BELIEVE THAT THE COUNSELING HAS GOT TO PLAY BIG PART IN THIS, AND WE HAVE TO CONSIDER THAT WE HAVE NOT ENCOURAGED, I GUESS, ENOUGH IN THE PAST WHAT GOALS AND ACHIEVEMENTS CAN COME FROM A COLLEGE EDUCATION.
SENATOR WILSON: WHAT IS YOUR POSITION ON ENCOURAGING A FOUR-YEAR GRADUATION RATE?
MR. BARNETTE: I THINK THAT -- ARE YOU TALKING ABOUT---
SENATOR WILSON: UNDERGRADUATE.
MR. BARNETTE: I BELIEVE THAT A GOOD PLACE TO START THAT IS IN THE HIGH SCHOOL YEARS, OR WHATEVER, BECAUSE THINK BACK ON MY CAREER IN COLLEGE, AS IT ALMOST WAS, THAT QUITE HONESTLY I THOUGHT I KNEW WHICH DIRECTION I WAS GOING IN AND MANY TIMES, NOT MANY TIMES, BUT ONCE OR TWICE I CHANGED MY DIRECTION AND SO DID SOME OF MY FRIENDS, AND I THINK LOOKING BACK ON THAT, AND I WAS CONCERNED ABOUT IT AT THAT TIME, AND FEEL LIKE THAT WORK IN THE HIGH SCHOOL YEARS THROUGH COUNSELING AND PERIODIC COUNSELING DURING THE FRESHMAN AND SOPHOMORE YEARS, THOSE ARE THE MOST IMPORTANT YEARS THAT WE REVIEW, AND LAY DOWN WHAT SHOULD BE A SCHEDULED PERIODIC REVIEW WITH THE STUDENTS AS TO WHAT THEIR GOALS ARE AND HOW TO HELP THEM ACHIEVE THEM OR HELP THEM DECIDE ON THEIR CAREER PATH.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? THANK YOU, SIR. OUR NEXT CANDIDATE IS BRADLEY JORDAN OF ANDERSON.

CHAIRMAN STODDARD: DO YOU SWEAR THE FOREGOING TESTIMONY IS TRUE SO HELP YOU GOD?
MR. JORDAN: YES, SIR.
CHAIRMAN STODDARD: MR. JORDAN, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. JORDAN: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. JORDAN: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST IN YOUR SERVICE ON THE BOARD?
MR. JORDAN: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. JORDAN: NO, SIR.
SENATOR GLOVER: SAME QUESTION.
MR. JORDAN: I HAVE GIVEN A LOT OF THOUGHT TO THAT, SENATOR GLOVER, SINCE YOU FIRST MENTIONED IT, AND I AM AN EMPLOYER, AND THE MAJORITY OF MY EMPLOYEES ARE LADIES. AND TO DO IT IN A UNIVERSITY SETTING, I REALLY, LOOKING BACK AT MY EDUCATIONAL EXPERIENCE AND THE EXISTENCE OF MINORITIES AND WOMEN AND THE ADVANCEMENT IN THE LAST 20 YEARS THEY HAVE MADE, THE FACT THAT I HAVE CHILDREN COMING INTO HIGHER EDUCATION SHORTLY, I REALLY BELIEVE THAT THE PROBLEM IS NOT SO MUCH IN THE EDUCATIONAL END OF IT AS IT IS AS AN EMPLOYER OUTSIDE OR BEYOND THAT OR JOB COUNSELING THAT MAY TAKE PLACE WITHIN THE EXITING OF THE EDUCATIONAL SYSTEM, AND I REALLY BELIEVE THAT TREMENDOUS AMOUNT OF THE INEQUITIES EXIST ACTUALLY IN THE BUSINESS COMMUNITY, AND PARTICULARLY IN THE LINE OF MINORITIES, AND THAT IS SOMETHING THAT HAS BOTHERED ME FOR A LONG TIME SINCE I WAS EVEN A CHILD, AND MY FATHER WAS ON THE SCHOOL BOARD AND WATCHING THE CHANGES THAT TOOK PLACE IN 20 YEARS, BUT I BELIEVE THAT THE SYSTEM IS INTACT AND ENCOURAGED WOMEN AND MINORITIES, AND I JUST THINK WE NEED TO MAKE SURE THAT THEY'RE AWARE THE OPPORTUNITIES ARE THERE AND POSSIBLY SOME EXTRA FINANCIAL SUPPORT. THAT IS PROBABLY ONE OF THE BIGGEST PROBLEMS.
SENATOR WILSON: WHAT IS YOUR POSITION ON ENCOURAGING THE FOUR-YEAR GRADUATION RATE?
MR. JORDAN: LOOKING BACK AT TRYING TO COMPARE IT TO MY EDUCATION AND IN THE UNIVERSITY SYSTEM OF SOUTH CAROLINA, SENATOR WILSON, MY BIGGEST PROBLEM, I THINK WITH THAT, IS THAT IT'S NOT SO MUCH CREATED BY THE STUDENT AS IT MAY BE WITH LACK OF COUNSELING OR UNDERSTANDING OF WHAT IS AVAILABLE, WHAT CAREERS ARE AVAILABLE. MOST PEOPLE COME OUT OF THE HIGHER EDUCATIONAL SYSTEM REALLY NOT KNOWING WHAT CAREER THEY'RE GOING TO PURSUE OR WHAT JOB THEY'RE GOING TO GO INTO AND THEY ALMOST GET PIGEON-HOLED WITH WHATEVER OFFERS ARE THERE. I THINK WE COULD HELP OURSELVES AND ALSO HELP INDIVIDUALS IF WE OFFERED THEM BETTER COUNSELING AND BETTER COUNSELING SYSTEM, A BETTER UNDERSTANDING OF WHAT CAREER OPPORTUNITIES WERE OUT THERE, AND MAYBE OPEN DOORS BETWEEN BUSINESSES AND HIGHER EDUCATIONAL INSTITUTIONS, AND AS I LOOK AT MY WIFE, FOR EXAMPLE, SHE WAS A THREE-YEAR COLLEGE GRADUATE. SHE DID IT IN THREE YEARS, AND I AM KIND OF A LITTLE BIT LATER THAN THAT MYSELF. I ALSO AGREE WITH WHAT YOU SAY BUT I AM CONCERNED ABOUT TOO, THE ONES THAT ECONOMICALLY HAVE TO WORK OR MAY HAVE TO GO PART-TIME OR WORK YEAR ROUND AND ATTEND, SO I THINK WE HAVE TO GIVE SOME CONSIDERATION THERE. THE BIGGEST PROBLEM, I THINK, IS THE DROPPING OF COURSES THAT IS ALLOWED IN INSTITUTIONS, THE MID-SEMESTER DROP. I REMEMBER LOOKING AS A STUDENT THEY SAID LOOK TO YOUR RIGHT AND LOOK TO YOUR LEFT, SHAKE EACH OTHER'S HAND, ONLY ONE OF YOU IS GOING TO GRADUATE. AND THAT WAS MY ORIENTATION AS FRESHMAN THAT TWO OUT OF THREE OF US WOULD NOT BE THERE FOR GRADUATION. THAT IS PROBABLY A BAD WAY TO START COUNSELING OR INTRODUCTION TO THE UNIVERSITY SYSTEM.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? NEXT WE GO TO SEAT SIX FOR A FOUR-YEAR TERM. OUR FIRST CANDIDATE IS SUZANNE E. EARLE OF WALHALLA.

CHAIRMAN STODDARD: DO YOU SWEAR THAT THE FOLLOWING TESTIMONY IS THE TRUTH SO HELP YOU GOD?
MS. EARLE: YES, I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS REGULARLY?
MS. EARLE: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MS. EARLE: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST PROFESSIONALLY OR PERSONALLY THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. EARLE: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. EARLE: NO, SIR.
SENATOR GLOVER: SAME QUESTION.
MS. EARLE: I HAVE THOUGHT ABOUT THAT SINCE YOU FIRST ASKED THE QUESTION. MY EXPERIENCE GROWING UP WAS THAT THE PUBLIC EDUCATION SYSTEM IN MY COUNTY AND THE LOCAL UNIVERSITY WHICH WAS CLEMSON WORKED TOGETHER TO SHOW THE STUDENTS WHAT RESOURCES WERE AVAILABLE AT THE UNIVERSITY FOR THEM. THERE WERE FIELD TRIPS, OUTREACH PROGRAMS AND IT STARTED IN THE SECOND GRADE. THEY DIDN'T WAIT UNTIL WE WERE GRADUATED FROM HIGH SCHOOL TO TRY TO GET US INTERESTED IN GOING TO SCHOOL THERE AND PART OF THAT IS WHY I CHOSE CLEMSON AS THE SCHOOL FOR ME TO GO TO, AND I THINK THE UNIVERSITY AT COASTAL CAROLINA IS IN A VERY GOOD POSITION TO PROVIDE THOSE SAME TYPES OF PROGRAMS TO MAKE THEIR RESOURCES AVAILABLE TO THE LOCAL SCHOOL SYSTEM FOR CHILDREN TO COME IN AND SEE WHAT'S THERE, TO HOLD COMPUTER AND MATH CAMPS IN THE SUMMER AND MAKE IT AVAILABLE NOT BASED ON INCOME AND TO HAVE IT AVAILABLE TO ALL THE STUDENTS SO THEY KNOW WHAT IS THERE AND THAT THEY'RE ENCOURAGED FROM AN EARLY AGE TO GO TO SCHOOL, AND I THINK THAT IS THE MOST IMPORTANT THING.
SENATOR WILSON: WHAT IS YOUR POSITION ON ENCOURAGING A FOUR-YEAR GRADUATION RATE?
MS. EARLE: I THINK IT SHOULD BE ENCOURAGED BUT THERE ARE A LOT OF SITUATIONS THAT PREVENT STUDENTS FROM FINISHING IN FOUR YEARS. ONE OF THE THINGS A SCHOOL CAN DO AT THE BEGINNING IS APTITUDE TESTING TO HELP POINT THEM IN THE DIRECTION THEY MAY BE INTERESTED IN. A LOT OF STUDENTS, INCLUDING MYSELF, WHEN I STARTED SCHOOL, I DIDN'T KNOW WHAT BIO-ENGINEERING WAS; I DIDN'T KNOW WHAT CERAMIC ENGINEERING WAS. THERE ARE A LOT OF THINGS AVAILABLE SO IF THEY HAD MORE ORIENTATION PROGRAMS TO LEARN ABOUT THOSE FIELDS MAYBE I WOULDN'T HAVE CHANGED MAJORS MID-WAY THROUGH. AND THE DEVELOPMENT OF A CORE CURRICULUM OF BASIC SCIENCES AND MATH SKILLS AND ENGLISH AND LIBERAL ARTS THAT CAN BE TRANSFERRED BETWEEN MAJORS WOULD ALSO CUT DOWN ON THE TIME IF YOU DO CHANGE MAJORS SO YOU WOULDN'T HAVE TO GO BACK AND CATCH UP ON A LOT OF CLASSES YOU DIDN'T HAVE BEFORE.
SENATOR MACAULAY: I MIGHT NOTE MS. EARLE HAS HAD A LOT OF INFLUENCE IN THE SCHOOLS IN OCONEE COUNTY. EVEN FROM THE SECOND GRADE. HER FATHER SERVED ON THE SCHOOL BOARD AS WELL AS OUR COUNTY COUNCIL, SO SHE KNOWS FROM WHENCE SHE SPEAKS.
SENATOR WILSON: MR. CHAIRMAN, AT THIS TIME I NEED TO DEPART FOR A PRIOR COMMITMENT FOR A GENERAL COMMITTEE MEETING, BUT I WOULD LIKE TO ASK YOUR INDULGENCE THAT FOLLOWING THE QUESTION BY SENATOR GLOVER THAT THE QUESTION CONCERNING POSITIONS ON FOUR-YEAR GRADUATION AND ENCOURAGEMENT THEREOF SO THAT IT WILL BE ASKED SO THAT I MAY READ IT IN THE RECORD.
CHAIRMAN STODDARD: WE WILL TRY OUR BEST TO DO THAT, SENATOR.
SENATOR WILSON: THANK YOU VERY MUCH.
CHAIRMAN STODDARD: OUR NEXT CANDIDATE IS WILLIAM L. LYLES, JR. OF ANDERSON.

CHAIRMAN STODDARD: MR. LYLES, DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. LYLES: YES, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. LYLES: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD WITHIN A FULL CAPACITY?
MR. LYLES: NO, BUT I WOULD LIKE THE COMMITTEE BE MADE AWARE I DO HAVE AN EYE PROBLEM, EYE DISORDER THAT PROHIBITS ME FROM DRIVING, BUT I HAVE A DRIVER AND THIS CONDITION HAS NEVER CAUSED ANY PROBLEMS WITH THE VARIOUS BOARDS THAT I HAVE SERVED.
CHAIRMAN STODDARD: THANK YOU, SIR. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. LYLES: NO, SIR.
CHAIRMAN STODDARD: DO YOU THE NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. LYLES: NO, SIR.
SENATOR GLOVER: SAME QUESTION, SIR.
MR. LYLES: YES, I DON'T KNOW OF ANYTHING THAT I CAN SAY THAT HASN'T BEEN ALREADY SAID OTHER THAN JUST FROM PERSONAL NATURE. I FEEL LIKE THE MIDDLE SCHOOL LEVEL, THE YOUNGER KIDS, THAT IS WHERE I THINK THE PROGRAMS NEED TO BE STARTED, AND OF COURSE ANY TIME YOU MENTION PROGRAMS YOU ARE TALKING ABOUT EXPENDITURE, AND I THINK THERE ARE SO MANY THINGS, EIGHTH THROUGH THE TENTH GRADE THAT CAN BE DONE IN THE JUNIOR HIGH OR HIGH SCHOOL LEVEL THAT CAN MAKE MINORITIES AND WOMEN FEEL BETTER ABOUT THEMSELVES, AND I THINK EVENTUALLY THOSE THINGS WILL WORK WITH HARD WORK, AND I THINK THAT NEEDS TO BE DONE AT THAT UNDERGRADUATE LEVEL AS FAR AS HIGH SCHOOL.
CHAIRMAN STODDARD: REPRESENTATIVE INABINETT.
REPRESENTATIVE INABINETT: I WANT TO GO BACK TO THE FIRST QUESTION THAT I ASKED. YOU MENTIONED EXPENDITURES FOR EDUCATION?
MR. LYLES: YES, SIR.
REPRESENTATIVE INABINETT: SINCE WE ARE EXPERIENCING SOME DECREASE IN STATE FUNDING IN SOME AREAS FOR PUBLIC EDUCATION, WHAT IN YOUR OPINION CAN YOU TAKE TO THE BOARD THAT WOULD HELP ADD LEVERAGE TO THAT SITUATION?
MR. LYLES: MY EXPERIENCE HAS BEEN IN BUSINESS. THAT IS WHAT I HAVE BEEN DOING FOR 21 YEARS, AND I HAVE ALWAYS RUN MY BUSINESS WITH WHAT I HAD. AND IF I HAD A GOOD BIT OF REVENUE I PUT IT BACK INTO THE BUSINESS. I THINK THAT IS MY EXPERTISE AS FAR AS THIS BOARD IS CONCERNED, IS TO RUN THE BOARD LIKE A BUSINESS AND TO TRY TO KEEP EXPENDITURES DOWN AND YET TO TRY TO DO WITH THE MONEY WHAT NEEDS TO BE DONE AND TO WORK JOINTLY WITH THE BOARD ON THOSE THINGS.
CHAIRMAN STODDARD: MR. LYLES, DO YOU FAVOR DOING EVERYTHING POSSIBLE TO MAKE GRADUATION IN A FOUR-YEAR PERIOD FOR STUDENTS?
MR. LYLES: OH, YES, SIR. I SURE DO. MY DAUGHTER FINISHED COLUMBIA COLLEGE AND IT TOOK HER FOUR AND A HALF YEARS, AND I THINK THE PROBLEM THERE WAS 60 PERCENT HERS AND 40 PERCENT THE FACT THAT I WISH SHE WOULD HAVE HAD SOME BETTER COUNSELING. OF COURSE YOU KNOW I AM HER FATHER AND HER MOTHER IS HER MOTHER. WE SHOULD DO A LOT OF THAT OURSELVES, BUT I THINK IN A LOT OF CASES MY SON, HE HAS JUST FINISHED HIS JUNIOR YEAR AT COASTAL, AND I WOULD LIKE TO SEE COASTAL A LITTLE STRICTER AND MORE TO THE POINT COUNSELING INSTEAD OF ONCE A SEMESTER. I WOULD LIKE TO SEE IT ON A MONTHLY BASIS AT LEAST AND SOME ACCOUNTABILITY AS FAR AS THE COUNSELOR OR ADVISOR TO THE STUDENT. NOW HOW THAT IS DONE, WE ARE TALKING ABOUT ADDITIONAL PLANS AND PROGRAMS, AND I THINK THAT CAN BE ADDRESSED, BUT FOUR YEARS, I THINK A LOT OF FOLKS HAVE A HARD TIME FINISHING IN FOUR YEARS. I FINISHED IN FOUR YEARS, AND PROBABLY WASN'T THE SMARTEST PERSON IN THE WORLD BUT I WORKED HARD AND WORKING HARD WILL GET YOU A LONG WAY IN THIS WORLD AND I HOPE I NEVER FORGET. AND I THINK AS FAR AS ADMISSIONS POLICIES, I THINK WE NEED TO HAVE AN ADMISSIONS PROCEDURE BUT I THINK WE NEED TO KEEP IN MIND THERE ARE PEOPLE, MINORITIES, WOMEN, MEN, WHATEVER, THAT DON'T DO AS WELL ON ADMISSION TESTS AND MAYBE MIGHT NOT BE MAKING AS GOOD A GRADES, BUT PEOPLE GROW UP AND PEOPLE GET MATURE, AND WHEN THEY DO I THINK WE HAVE A LOT OF SUCCESSFUL PEOPLE IN THIS WORLD THAT FOLLOW THAT COURSE, AND I WOULD LOVE TO WORK ALONG THOSE LINES WITH COASTAL.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? THANK YOU, SIR. OUR NEXT CANDIDATE IS LARRY A. JACKSON, GREENWOOD.

CHAIRMAN STODDARD: DR. JACKSON, DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH SO HELP YOU GOD?
MR. JACKSON: YES, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. JACKSON: I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD WITHIN A FULL CAPACITY?
MR. JACKSON: I DO NOT.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. JACKSON: I DO NOT.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF YOU ARE ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. JACKSON: I DO NOT.
SENATOR GLOVER: AS A TRUSTEE AT COASTAL WHAT WOULD YOU DO, SAME QUESTION?
MR. JACKSON: SENATOR GLOVER. WELL, THE WOMEN ARE NOT AS MUCH A PROBLEM AS MINORITIES. I THINK IN EVERY STATE COLLEGE EXCEPT THE UNIVERSITIES IN THIS COUNTRY THERE ARE MORE WOMEN ENROLLED THAN MEN, BUT I STILL THINK WE NEED TO RAISE THE ASPIRATIONS OF WOMEN. SOME OF THEM DON'T AIM HIGH ENOUGH WHEN THEY GO TO COLLEGE. THE MINORITIES I THINK YOU JUST HAVE TO GIVE A LOT OF ATTENTION TO TRYING TO HAVE GOOD ROLE MODELS WITHIN THE SCHOOL, HAVING BOTH MINORITIES AND WOMEN IN YOUR RECRUITING OFFICE. I AM PROUD, I THINK I CAN MENTION AT LANDER ALMOST CONSISTENTLY WE HAD THE LARGEST PERCENTAGE OF MINORITY STUDENTS OF ANY PREDOMINANTLY WHITE COLLEGE IN THE STATE, AND WE DID NOT HAVE TO DO THAT WITHOUT WORKING TO MAKE THEM KNOW THAT THAT WAS THEIR HOME AS MUCH AS IT WAS ANYBODY ELSE'S.
CHAIRMAN STODDARD: DR. JACKSON, I KNOW YOU HAVE DEALT WITH THAT POLICY BEING PRESIDENT AT LANDER, BUT WHAT IS YOUR POSITION ON ENCOURAGING THE FOUR-YEAR GRADUATION?
DR. JACKSON: IN LAST MONDAY'S "CHRONICLE" TWO STATES REPORTED, I THINK IT WAS OREGON AND TEXAS, THAT THE LEGISLATURE HAD PASSED A BILL WHICH AFTER YOU ACCUMULATE 45 HOURS ABOVE THE GRADUATION REQUIREMENTS YOU PAID OUT-OF-STATE TUITION. I AM NOT SURE I RECOMMEND THAT, BUT I JUST MENTION THAT BECAUSE IT'S A CONCERN ACROSS THIS COUNTRY. I DO THINK WE HAVE TO BE CONCERNED ABOUT THE STUDENTS THAT WORK. ABOUT 65 PERCENT OF LANDER STUDENTS WORK AND ATTEND COLLEGE AND DON'T ALWAYS FINISH IN FOUR YEARS. BUT I DEFINITELY THINK WE SHOULD TRY TO GET THEM OUT IN FOUR YEARS, AND IF THEY'RE WORKING PERHAPS EXTEND IT TO A YEAR OR YEAR AND A HALF, BUT I THINK WE DO NEED TO DO A BETTER JOB THAN WE DO IN ENCOURAGING THE FOUR-YEAR GRADUATION RATE.
SENATOR GIESE: MR. CHAIRMAN, MEMBERS OF THE COMMITTEE, ISN'T IT TRUE, THOUGH, THAT I THINK ONE OF THE REASONS PEOPLE DON'T GRADUATE IN FOUR YEARS IS THAT OVER HALF OF THEM CHANGE THEIR OBJECTIVE ONCE THEY GET TO COLLEGE AND SO SOME OF THE WORK THEY HAVE TAKEN OBVIOUSLY DOESN'T COUNT TOWARD THEIR DEGREE AND THAT IS THE SINGLE GREATEST REASON WHY PEOPLE DON'T GRADUATE IN FOUR YEARS, AND A STUDY THAT I READ INDICATED THAT ONLY 40 PERCENT OF THE PEOPLE ACTUALLY GRADUATED IN FOUR YEARS BUT THEN WENT UP TO SOME 67 PERCENT UP TO SIX YEARS, AND THEN THE STUDY STOPPED BUT THE SINGLE GREATEST REASON WAS THEY GOT TO SCHOOL AND FOUND OUT WHAT THEY THOUGHT THEY WANTED TO DO AND CHANGED AND, OF COURSE, YOU LOSE CREDITS IN THAT SITUATION?
DR. JACKSON: YES, AND I'M JUST TELLING YOU I HAVEN'T QUITE DECIDED YET WHAT I WILL DO.
CHAIRMAN STODDARD: THANK YOU, DOCTOR.
DR. JACKSON: THANK YOU.
CHAIRMAN STODDARD: THAT CARRIES US TO THE FOURTH CONGRESSIONAL DISTRICT, SEAT SEVEN, TWO-YEAR TERM. OUR FIRST CANDIDATE IS JAMES S. BARRETT OF SPARTANBURG.

CHAIRMAN STODDARD: DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. BARRETT: YES, SIR.
CHAIRMAN STODDARD: MR. BARRETT, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. BARRETT: I WOULD.
CHAIRMAN STODDARD: DO YOU NOW HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. BARRETT: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. BARRETT: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD VIOLATE ANY DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. BARRETT: I DO NOT.
SENATOR GLOVER: AS A TRUSTEE, SAME QUESTION.
MR. BARRETT: AS A TRUSTEE I THINK THE TRUSTEE'S ROLE IS THAT OF POLICY. AND POLICYMAKING IN INSTITUTIONS IS REALLY THE RESPONSIBILITY OF THE BOARD. IT WOULD BE THEN THE RESPONSIBILITY OF THE BOARD OF TRUSTEES TO ESTABLISH THOSE POLICIES THAT WOULD GUIDE THE INSTITUTION IN ITS SENSITIVITY TOWARD THE ISSUES OF MINORITIES AND WOMEN AS WELL AS ANYONE ELSE THAT THE INSTITUTION IS GEARED TO SERVE. IT WOULD SEEM TO ME THAT THE GENIUS OF A REGIONAL UNIVERSITY, A UNIVERSITY THAT IS ESTABLISHED TO SERVE A PARTICULAR REGION IS TO DEVELOP THOSE UNIQUE KINDS OF POLICIES AND PROGRAMS THAT WOULD BE OF PARTICULAR SERVICE TO THE CITIZENS OF THAT AREA, AND FROM WHAT I KNOW OF COASTAL CAROLINA UNIVERSITY AND THAT REGION, IT SEEMS TO ME THAT THIS IS A PRINCIPAL CONCERN THAT NEEDS TO BE ADDRESSED IN A POLICY WAY.
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR GRADUATION QUESTION.
MR. BARRETT: THAT MAY BE THE WRONG QUESTION, SIR. FOUR YEARS IS AN ARBITRARY TIME. THE MORE APPROPRIATE QUESTION COULD POSSIBLY BE HOURS ATTEMPTED AND OTHER FORMS OF EVALUATION METHODOLOGIES THAT WOULD DEAL WITH HOURS ATTEMPTED ON THE PART OF THE STUDENT OVER A PERIOD OF TIME. A YEARLY CUTOFF RATE OR YEARLY TARGET RATE MAY REALLY NOT ADDRESS THE ISSUE OF ACCOUNTABILITY IN INSTITUTIONAL LIFE. I WOULD THINK THAT WE WOULD ALL WANT TO SEE STUDENTS FINISH THEIR EDUCATIONAL PROGRAM, BOTH FROM THE STANDPOINT OF ECONOMICS OF THE FAMILY AND ALSO ECONOMICS OF THE SUPPORTING ENTITY TO BE AS CRISP AS POSSIBLE, BUT I DON'T THINK WE CAN SET ARBITRARY LIMITS LIKE THAT.
SENATOR GIESE: I THINK ONE OF THE IMPORTANT THINGS THOUGH IS THE LONGER A PERSON STAYS IN SCHOOL THE MORE IT COSTS THE TAXPAYER. AT COASTAL CAROLINA, NOW IT IS PROBABLY SUBSIDIZED BY THE STATE FOR EVERY F.T.E. YOU HAVE ABOUT $3,400. WHEN IT TAKES A PERSON FIVE YEARS TO GET THROUGH SCHOOL THAT MEANS WE HAVE $17,000 IN TAXPAYERS' MONEY SUPPORTING THAT SCHOOL, AND IF THEY GET THROUGH IN FOUR YEARS THEY HAVE $14,000 PLUS. THAT IS WHY IT'S CRITICAL. THE EFFORT IS FOR THEM TO GET OUT AS RAPIDLY AS POSSIBLE.
MR. BARRETT: I DON'T THINK YOU UNDERSTOOD WHAT I SAID. I SAID I THINK WE NEED OTHER ACCOUNTABILITY MEASURES, NOT NECESSARILY A TIME LINE OF FOUR YEARS. I THINK WE NEED TO TALK ABOUT THE NUMBER OF HOURS A STUDENT ATTEMPTS OVER A COLLEGE CAREER, A NUMBER OF HOURS ATTEMPTED IN A PARTICULAR TIME SPAN. I DON'T THINK YOU CAN CATEGORIZE FOUR YEARS AS BEING SOME SACRED RULE. THAT AGAIN SEEMS TO ME IS AN INSTITUTIONAL POLICY UNLESS IT BECOMES A STATE-WIDE POLICY.
CHAIRMAN STODDARD: THANK YOU, SIR. OUR NEXT CANDIDATE IS JAMES D. MARTIN, JR. OF GREENVILLE.

CHAIRMAN STODDARD: DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
DR. MARTIN: YES, I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
DR. MARTIN: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
DR. MARTIN: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST PROFESSIONALLY OR PERSONALLY THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
DR. MARTIN: NO.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
DR. MARTIN: NO, SIR. AND I DON'T HAVE BUT TWO OF THESE (INDICATING HANDOUTS), BUT IF YOU WILL PASS THEM AROUND IT WILL PROBABLY EXPLAIN MY ANSWERS A LITTLE BETTER THAN I CAN.
CHAIRMAN STODDARD: THANK YOU, DOCTOR.
DR. MARTIN: YOUR QUESTION (INDICATING SENATOR GLOVER) THIS IS EITHER GOING TO BE TERRIBLY GOOD OR TERRIBLY BAD. I THINK EVERYBODY HAS BEAT AROUND THE BUSH WITH YOUR QUESTION. THE POLICY SIDE IN RECRUITING IS ONE THING. WHAT DO YOU DO WITH A STUDENT ONCE YOU HAVE HIM ON YOUR CAMPUS AND THAT COMES BACK WITH PEOPLE WHO ARE COMPASSIONATE, WHO WORK WITH PEOPLE IN THE CLASSROOM, WHO UNDERSTAND THEIR NEEDS AND ENCOURAGE THEM. I HAD AN OPPORTUNITY TO WORK WITH UPWARD BOUND IN SUMMER OF 1966, UNIVERSITY OF SOUTH CAROLINA CAMPUS. IT WAS THE MOST SUCCESSFUL PROGRAM THAT THE FEDERAL GOVERNMENT HAS DONE TO ENCOURAGE MINORITIES TO GET UP AND GET ON WITH IT. IT WORKED BECAUSE THE PEOPLE WHO WERE THERE COUNSELING AND COACHING AND TEACHING WANTED TO BE THERE. IT WASN'T JUST A JOB. THEY CARED ABOUT THE PEOPLE, AND I CAN REMEMBER KIDS STANDING ON THE CORNER DOWN HERE AND MAMAS DROPPING CLEAN CLOTHES OFF SO THAT KID COULD GO TO THOSE CLASSES, AND I THINK THAT IS WHAT IT'S GOING TO TAKE. YOU HAVE TO HAVE PEOPLE THAT UNDERSTAND THE NEEDS OF PEOPLE TO MAKE THEM REALIZE THEIR VALUE. IF YOU NOTICE OVER THERE -- I HAVE BEEN IN THIRD WORLD COUNTRIES FIVE TIMES: BRAZIL AND ZAMBIA. PEOPLE ARE PEOPLE AND THEY NEED HELP AND PEOPLE WHO UNDERSTAND. MY OWN SITUATION YOU NEED PEOPLE -- WADE BATTSON AT THE UNIVERSITY OF SOUTH CAROLINA COMES TO MY MIND IMMEDIATELY. HE ENCOURAGED ME AND AIMED ME WHERE I SHOULD GO, AND WAS BRAVE ENOUGH TO SUGGEST THINGS TO ME THAT I OUGHT TO TRY THAT OTHER PEOPLE DIDN'T DO, AND I THINK THAT IS WHAT IT'S GOING TO TAKE. I DON'T THINK YOU CAN BE INTIMIDATED BY THE ISSUE. MY BEST FRIEND WHEN I WAS GROWING UP WAS NAMED BABBY. HE LIVED ON A FARM WITH ME, AND I UNDERSTAND WHERE YOU ARE COMING FROM. AND I WOULD WELCOME THAT CHALLENGE.
SENATOR GIESE: I WOULD LIKE TO COMMEND YOU FOR THAT ANSWER, BECAUSE THE COUNSELING AND THE LEADERSHIP REALLY SHOULD COME FROM THE FACULTY AND NOT FROM SOME SEPARATE ORGANIZATION CALLED COUNSELORS AND PEOPLE STUCK OVER THERE TO PROVIDE SERVICES, ET CETERA, AND WHAT'S HAPPENED IN SOME PLACES, AND I HOPE COASTAL DOESN'T GO IN THAT DIRECTION, AND IF YOU ARE ELECTED I HOPE YOU WILL HOLD THE LINE OF NOT HAVING A FACULTY THAT IS PICKED ON THE BASIS OF HOW MANY PIECES OF RESEARCH THEY HAVE DONE OR HOW MANY ARTICLES THEY HAVE WRITTEN FOR JOURNALS AND SO ON. YOU HAVE JUST STRUCK THE ESSENCE OF WHAT WE NEED IN LEADERSHIP.
DR. MARTIN: I FEEL VERY STRONGLY ABOUT THAT. A LOT OF FACULTY MEMBERS ARE RECRUITED STRICTLY FOR WRITING AND RESEARCH, AND THE HECK WITH DEALING WITH STUDENTS, AND I THINK IT'S WRONG. I WAS FORTUNATE ENOUGH, I WENT TO THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY AND THE FACULTY MEMBERS THAT WERE THERE THAT MADE AN IMPACT STAYED WITH ME IN WHAT I NEEDED TO DO, AND I THINK THAT IS WHAT REALLY NEEDS TO HAPPEN. THANK YOU.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
DR. MARTIN: FOUR-YEAR SCHOOL? THAT IS A GOOD ONE. I HAVE THREE CHILDREN. THE FIRST ONE GRADUATED IN FIVE YEARS, AND I WAS VERY ANGRY, BECAUSE THE GUIDANCE COUNSELOR DID NOT KNOW HER JOB. THE SECOND CHILD WILL GRADUATE FROM CLEMSON IN SEVEN YEARS IN DECEMBER. I AM PROUD AS PUNCH BECAUSE HE HAS WORKED HIS BUNS OFF TO GET THERE, AND HE NEEDED THE TIME TO GET THROUGH AND PEOPLE WORKED WITH HIM TO ACCOMPLISH THAT. MY THIRD CHILD WILL FINISH FURMAN IN FOUR YEARS. SHE TRANSFERRED, SHE CHANGED MAJORS. RESPONSIBILITY IS WITH THE SCHOOL. FOUR-YEAR EDUCATION IS DO-ABLE IF YOU PLAN AND WORK WITH THE KIDS ALONG THE WAY. IT CAN HAPPEN. IT SHOULD NOT BE AN EXCEPTION FOR A CHILD TO GRADUATE IN FOUR YEARS EVEN IF YOU ARE WORKING OUTSIDE. IT CAN BE DONE. IT'S JUST THAT SIMPLE.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE CLYBORNE: LET ME ASK YOU ONE QUESTION. SENATOR GIESE GOT ME THINKING ABOUT THIS. I WOULD BE INTERESTED IN YOUR THOUGHTS. IT SEEMS THAT IN SOME OF THE UNIVERSITIES THAT WHAT HAS OCCURRED OVER TIME, FOR LACK OF A BETTER WORD, IS A BUREAUCRACY THAT GETS BIGGER AND BIGGER, AND PARTICULARLY WHEN YOU START GETTING IN SITUATIONS WHERE BECAUSE OF RESEARCH OR DEPARTMENT RESPONSIBILITIES AND ALL OF THESE OTHER THINGS OTHER THAN TEACHING YOU FIND THAT PROFESSORS -- WE ARE HAVING TO HIRE MORE AND MORE PROFESSORS WHILE PARTS OF THE DUTIES OF OTHER PROFESSORS ARE FOR OTHER TYPES OF THINGS, AND I WOULD BE INTERESTED IN YOUR COMMENTS ON THAT AND IF YOU HAVE A CONCERN, IF YOU WOULD HAVE A CONCERN AND KEEP THAT IN MIND AS TRUSTEE AT COASTAL CAROLINA?
DR. MARTIN: I THINK WE WENT THROUGH A PUBLISH OR PERISH SYNDROME WHICH IN ONE RESPECT IS AWFUL. WE PUT OUR EMPHASIS ON TECHNOLOGY AND RESEARCH AND WHAT WE COULD TURN OUT AND WE FORGOT THE MOST CRUCIAL THING WE WERE CREATING WERE HUMAN MINDS THAT COULD ADVANCE CIVILIZATION. WE LOST TRACK OF THAT IN WHAT WE WERE DOING. WE ARE NOT MAKING WIDGETS AT COLLEGE. WE ARE CREATING A SERVICE AND A SERVICE THAT WILL PULL AND ENTICE THE VERY BEST THAT PEOPLE HAVE IN THEMSELVES TO BETTER THEMSELVES AND YOUR COMMUNITIES AND YOUR STATE. I THINK WHEN FACULTY MEMBERS RETIRE OR A TURNOVER OR CREATING NEW SPACES WE NEED TO LOOK AT THAT TOTAL PERSON, NOT JUST WHAT HE CREATED IN THE LAB, NOT JUST WHAT HIS RESEARCH WAS BUT HOW DID HE RESPOND TO THE STUDENTS THAT HE HAD, AND I THINK WE NEED PEOPLE THAT CAN DO BOTH. THERE ARE PEOPLE IN OUR STATE INSTITUTIONS NOW THAT DO BOTH, AND THE SLIP THAT I HAVE SEEN THAT I DON'T LIKE, WE HAVE PEOPLE WHO DEVIATE TOWARDS RESEARCH AND NEVER HAVE HANDS-ON CONTACT WITH STUDENTS, AND THE BULK OF THE TEACHING HOURS ARE HANDLED BY THE FEWEST NUMBER OF PEOPLE AND THE TEACHERS THAT ARE DEDICATED ARE CARRYING 25 OR 30 CONTACT HOURS A SEMESTER, AND PARTICULARLY IN LAB SCIENCES THAT IS HARD AND IT'S DIFFICULT. AND WE HAVE HAD MORE AND MORE OF THOSE RESPONSIBILITIES GIVEN OVER TO GRADUATE STUDENTS. I DON'T AGREE WITH THAT. WE HAVE FOLKS TEACHING SOMEBODY WHAT SOMEONE ELSE TAUGHT THEM, AND I DON'T THINK IT'S A GOOD POLICY, AND I THINK THE TEACHERS NEED TO BE BACK IN THE CLASSROOM, AND I WOULD LIKE TO SEE THAT HAPPEN AT COASTAL.
CHAIRMAN STODDARD: THANK YOU, SIR.
DR. MARTIN: BUDGETS, WAS THAT QUESTION?
CHAIRMAN STODDARD: NO, I SAID THANK YOU, SIR. ASSUMING NO FURTHER QUESTIONS, THANK YOU, SIR.
CHAIRMAN STODDARD: OUR NEXT CANDIDATE IS ELAINE W. MARKS FROM SPARTANBURG.

CHAIRMAN STODDARD: MS. MARKS, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH SO HELP YOU GOD?
MS. MARKS: YES, I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. MARKS: YES, I CAN.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF TO PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MS. MARKS: NO, I DO NOT.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. MARKS: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. MARKS: NO, SIR.
SENATOR GLOVER: AS A TRUSTEE, THE SAME QUESTION.
MS. MARKS: THANK YOU VERY MUCH. I SEE THE ROLE OF TRUSTEES AS POLICYMAKERS. I HAVE SERVED LONG ENOUGH IN PUBLIC EDUCATION TO UNDERSTAND THAT IT IS NOT THE PREROGATIVE OF BOARD MEMBERS TO EVALUATE THE PROFESSIONALS IN THE ACADEMIC COMMUNITY. I DO THINK THAT IT'S VERY IMPORTANT TO HAVE A PERSON SERVING ON THESE BOARDS WHO UNDERSTAND THE CHALLENGES OF STUDENTS FOR THE TWENTY-FIRST CENTURY, AND THAT ALL STUDENTS DO NOT LEARN AT THE SAME PACE, THAT THEY MATURE AT DIFFERENT RATES. MY OWN SON WAS FINISHED IN FOUR YEARS. AT THE TIME HE FINISHED I WOULD NOT HAVE ACCEPTED HIS FINISHING OR TAKING ANY LONGER THAN FOUR YEARS. I WAS VERY VERY MUCH A TRADITIONALIST. HOWEVER, I TAUGHT SUMMER SCHOOL EVERY SUMMER TO PAY HIS SUMMER SCHOOL FEE BUT HE MADE IT, AND SO I DO THINK I HAVE CERTAINLY FOUND IN MY OWN EXPERIENCE THAT MOTIVATION IS A BIG FACTOR, THAT ONCE YOUNGSTERS HAVE TASTED OF SUCCESS THAT THIS BRINGS MORE SUCCESS, AND I DO THINK THIS IS OR SHOULD BE THE BASIC MOTIVATION OF BOARD MEMBERS IN MAKING POLICIES. THAT PROFESSIONALS CAN LIVE WITH AND WORK WITH AS THEY MEET THESE YOUNGSTERS AND HELP THEM TO MOVE INTO THEIR GOALS FOR THEIR OWN LIVES.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR QUESTION.
MS. MARKS: MOST OF THESE PERSONS KNOW ME AND ARE ACQUAINTED WITH ME AND I APPRECIATE EVERYTHING THAT ALL OF YOU DO FOR EDUCATION AT EVERY LEVEL.
CHAIRMAN STODDARD: THANK YOU. NEXT WE GO TO SEAT EIGHT, FOUR-YEAR TERM. THE FIRST CANDIDATE IS ALEX KIRIAKIDES, III FROM GREENVILLE.

CHAIRMAN STODDARD: DO YOU SWEAR THAT THE FOREGOING IS THE TRUTH, SO HELP YOU GOD?
MR. KIRIAKIDES: YES, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. KIRIAKIDES: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. KIRIAKIDES: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. KIRIAKIDES: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. KIRIAKIDES: NO, SIR.
SENATOR GLOVER: AS A TRUSTEE, SAME QUESTION PLEASE.
MR. KIRIAKIDES: IF THE COMMITTEE IS IN AGREEMENT,I WOULD LIKE TO TRY TO ANSWER BOTH QUESTIONS TOGETHER, AND IN MY OPINION MY PHILOSOPHY DEALS WITH BOTH STATEMENTS. I WOULD ENCOURAGE SELF-ESTEEM FOR ALL STUDENTS AND I WOULD ALSO PROMOTE EXCELLENCE FOR EVERYONE. IN MY EXPERIENCE, OF COURSE, I WENT THROUGH THE HIGH SCHOOL AND PUBLIC SCHOOL SYSTEM, AND I WENT TO WOFFORD COLLEGE AND FINISHED IN THREE AND A HALF YEARS, AND MY EXPERIENCE WAS THAT WITH SCHOOL AND WITH LIFE IN THE BUSINESS COMMUNITY YOU HAVE TO PROMOTE EXCELLENCE IN EVERYTHING THAT WE DO. AS LONG AS THEIR STANDARDS ARE SET HIGH, THEN EVERYONE ELSE FALLS IN LINE WHETHER IT'S OUT PLAYING SPORTS, GOLF OR TENNIS OR WHATEVER AND YOU ARE PLAYING WITH BETTER PEOPLE, THEN NATURALLY YOU DO BETTER AND YOU EXCEL. SO WHETHER IT'S AT SCHOOL OR LIFE OR IN WORK, ESPECIALLY IN OUR STATE BECAUSE WE HAVE SUCH A FINE GROUP OF BUSINESSES THAT PROMOTE A TOTAL QUALITY MANAGEMENT AND OUR STANDARDS ARE HIGH WHEN THEY COME OUT OF COLLEGE AND, THEREFORE, THEY MUST BE SET, AND THAT WOULD BE THE THRUST OF MY PHILOSOPHY ON EVERY DECISION THAT I MAKE.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? THANK YOU, SIR. THE NEXT CANDIDATE IS KEITH SMITH OF GREER.

CHAIRMAN STODDARD: MR. SMITH, DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH SO HELP YOU GOD?
MR. SMITH: YES.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. SMITH: YES.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. SMITH: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. SMITH: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. SMITH: NO, SIR.
SENATOR GLOVER: AS TRUSTEE, SAME QUESTION.
MR. SMITH: I THINK THE POLICY SHOULD BE TO IDENTIFY TO QUALIFY STUDENTS EARLY, INCLUDING MINORITIES AND WOMEN, AND TO ENCOURAGE THEM OF SELF-ESTEEM AND ASPIRATIONS AND TO SELL THE UNIVERSITY AS A MEANS OF MEETING THIS BUT THAT WE ATTRACT THE QUALIFIED STUDENTS.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR.
MR. SMITH: YES, I THINK IN AN EXPERIENCE WITH MY DAUGHTER IN SCHOOL, THE ONE POLICY THEY HAD WAS THAT ALL THE EXTRACURRICULAR ACTIVITIES INCLUDING SORORITIES AND THAT TYPE THING, BUT SHE WAS ALSO IN AN ASSOCIATION THAT WAS ATTEMPTING TO ERADICATE ADULT ILLITERACY IN THE AREA OF THE COLLEGE, AND TO PARTICIPATE IN THAT YOU HAD TO MAKE SATISFACTORY PROGRESS FOR ITS DEGREE AND OF COURSE THE BIGGEST KEY, I GUESS, IS TO THE PENALTY FOR NOT MAKING SATISFACTORY PROGRESS AND TO FIND QUALIFIED STUDENTS IN THE FIRST PLACE, THE ADMISSIONS PROCESS, BUT I THINK THE PROGRESS TOWARDS THE DEGREE, THE PENALTY, PARTICULARLY FOR THOSE RECEIVING AID, SHOULD BE GREATER, AND THAT IS THE PROBLEM THAT SHOULD BE ADDRESSED.
REPRESENTATIVE INABINETT: HOW DO YOU VIEW THE ROLE OF TRUSTEES IN SITUATIONS WHERE STUDENTS' NEGATIVE BEHAVIOR BECOMES A CONCERN ON CAMPUS AS WE HAVE HAD AT SOME COLLEGES IN SOUTH CAROLINA, AND I DON'T WANT TO NAME THEM, OVER THE PAST YEAR OR TWO?
MR. SMITH: STUDENT NEGATIVE BEHAVIOR? WELL, AGAIN, THE ROLE OF THE TRUSTEE IS ONE OF POLICY, AND THAT HAS TO DIFFER DEPENDING UPON THE DEGREE, BUT I WOULD THINK THAT TRUSTEES SHOULD ADDRESS THE ISSUES TO WHAT IS TOLERABLE AND INTOLERABLE AND COME UP WITH A SET OF GUIDELINES THAT THE ADMINISTRATION OF THE COLLEGE CAN LIVE BY AND CAN ENFORCE.
CHAIRMAN STODDARD: THANK YOU, SIR. NEXT WE GO TO THE FIFTH CONGRESSIONAL DISTRICT. SEAT NINE, TWO-YEAR TERM. EVELYN F. HOWE OF GAFFNEY.

CHAIRMAN STODDARD: MS. HOWE, DO YOU SWEAR THE FOREGOING TESTIMONY WILL BE THE TRUTH, SO HELP YOU GOD?
MS. HOWE: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. HOWE: YES, I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE COMMITTEE SHOULD BE MADE AWARE OF TO PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MS. HOWE: NO, SIR, I DO NOT.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. HOWE: NO.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. HOWE: NO, SIR.
SENATOR GLOVER: AS A TRUSTEE, SAME QUESTION.
MS. HOWE: GOOD MORNING, AND THANK YOU FOR THIS QUESTION, BECAUSE I HAVE BEEN A MEMBER OF THE AMERICAN ASSOCIATION OF UNIVERSITY WOMEN FOR SOME YEARS AND YOU MIGHT BE AWARE OF THE FACT WE JUST RECENTLY COMPLETED A STUDY CALLED "SHORTCHANGING GIRLS, SHORTCHANGING AMERICA." THIS WAS RELEASED A YEAR OR SO AGO AND THE FINDINGS, I THOUGHT, WERE EXTREMELY INTERESTING AND COMING FROM A PUBLIC SCHOOL BACKGROUND AS A TEACHER AND PRINCIPAL, I LOOKED BACK WHEN I WAS IN THE CLASSROOM AND I FOUND I WAS SHORTCHANGING MY GIRLS. ALL GIRLS. BECAUSE THE MALES TENDED TO WANT TO RESPOND MORE QUICKLY. THEY WERE MORE AGGRESSIVE IN ASKING QUESTIONS, THEREFORE, THEY RECEIVED MORE OF MY ATTENTION THAN THE GIRLS DID WHO TENDED LIKE ME TO BE RATHER PASSIVE AND QUIET. AND SO I THINK THE IMPACT OF THIS STUDY IMPACTS ON EDUCATION FROM K THROUGH COLLEGE, BECAUSE I THINK IT HAS MADE EDUCATORS MORE AWARE OF THE FACT THERE HAS BEEN A DIFFERENCE IN THE TEACHING OF MALES AND FEMALES, MINORITIES OR WHATEVER, SO I THINK THIS FACTOR THAT BEGINS IN KINDERGARTEN OF MAKING GIRLS, ALL FEMALES AWARE THEY HAVE CAPABILITY AND POTENTIAL AND IF THEY HAVE THE DESIRE TO FURTHER THEIR EDUCATION THE SKY IS THE LIMIT, AND THAT SHOULD BE ENCOURAGED.
CHAIRMAN STODDARD: ANY FURTHER QUESTIONS? TO THE FOUR-YEAR QUESTION, MA'AM.
MS. HOWE: YES, SIR. IS IT MURPHY'S LAW THAT SAYS -- I AM NOT SURE IF IT'S MURPHY'S, SOMEBODY'S LAW, THAT SAYS THAT PEOPLE TEND TO RISE TO THE LEVEL OF THEIR EXPECTATIONS. ANYWAY, IT'S A GOOD LAW. IN MY HOME I WAS EXPECTED TO DO WELL IN SCHOOL. MY PARENTS ENCOURAGED ME FROM THE BEGINNING, YES, YOU CAN LEARN; YES, YOU WILL LEARN AND WE WILL HELP YOU, AND EDUCATION BEGINS IN THE HOME WITH THE FAMILY. AND IF THAT IS ENCOURAGED, IF THAT STUDENT FEELS THAT ENCOURAGEMENT FROM THE VERY BEGINNING THEN HE WILL OR SHE WILL TEND TO DO THEIR BEST OR CERTAINLY STRIVE TO DO THEIR BEST. NOW AS FAR AS FOUR YEARS GOES, I GRADUATED IN THREE YEARS FROM COLLEGE BECAUSE I HAD A LOT OF ENCOURAGEMENT FROM MY PARENTS. MY DAUGHTER TOOK LONGER. IT TOOK HER FOUR YEARS TO GET THROUGH CAROLINA, BECAUSE SHE CHANGED HER MAJOR. BUT, HERE AGAIN, SHE HAD ENCOURAGEMENT FROM HOME TO DO HER BEST SO CERTAINLY I AGREE THAT A FOUR-YEAR STANDARD, AND YOU MUST HAVE SOME SORT OF STANDARD, IS ONE THAT A STUDENT BEGINNING IN EARLY GRADE SCHOOL, IF THEY HAVE THAT AS A GOAL LONG-TERM, SHOULD BEGIN TO WORK IN GRADE SCHOOL, YES, I WILL GO TO COLLEGE; YES, I WILL GRADUATE FROM COLLAGE, AND I WILL HAVE THE CAREER THAT I WANT BECAUSE I AM GOING TO BEGIN NOW IN MY FORMATIVE YEARS.
REPRESENTATIVE INABINETT: I ASK YOU THE SAME QUESTION: HOW DO YOU VIEW THE ROLE OF TRUSTEES IN SITUATIONS WHERE A STUDENT'S NEGATIVE BEHAVIOR BECOMES A PROBLEM ON A COLLEGE CAMPUS?
MS. HOWE: IF THE BOARD OF TRUSTEES HAS ESTABLISHED POLICY AND THAT OF COURSE IS THE ROLE THAT HAS BEEN SAID MANY TIMES HERE, THEN THAT GIVES THE ADMINISTRATION THE FRAMEWORK WITH WHICH TO DEAL WITH THAT NEGATIVE BEHAVIOR. AND SO WITH THOSE GUIDELINES, THE ADMINISTRATION SHOULD BE ABLE TO HANDLE THAT POLICY, BECAUSE THAT IS MORE OR LESS A DAY-TO-DAY MATTER AND SHOULD NOT INVOLVE DIRECTLY THE BOARD.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? THANK YOU, MA'AM.
OUR NEXT CANDIDATE IS GENOVA MCFADDEN OF HARTSVILLE.

CHAIRMAN STODDARD: DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MS. MCFADDEN: YES.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. MCFADDEN: YES, I WILL.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING THE BOARD IN A FULL CAPACITY?
MS. MCFADDEN: NO.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. MCFADDEN: NO, SIR, I DO NOT.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. MCFADDEN: NO, SIR.
SENATOR GLOVER: SAME QUESTION AS TRUSTEE.
MS. MCFADDEN: I FIRST HAVE TO AGREE, I GUESS, WITH MR. MARTIN THAT MAYBE WE HAVE NOT DEALT WITH THE ISSUE OF THE QUESTION FULLY. AS EVERYONE CAN READILY SEE I AM AN AFRICAN AMERICAN, AND I HAVE HEARD A LOT OF EMPHASIS PUT ON THE ROLE MODEL ISSUES, BUT I THINK THAT IN THIS POSITION I SHOULD BE MORE THAN A ROLE MODEL. MY DUTIES SHOULD GO BEYOND THAT. AS IN EVERYTHING ELSE THAT I TRY TO DO, I TRY TO REACH OUT TO OTHERS, AND I THINK THAT WOULD BE IMPORTANT FOR ME AS AN AFRICAN AMERICAN BOARD MEMBER TO REACH OUT TO MINORITIES AND WOMEN ON A PERSONAL LEVEL. I ALSO HEARD SOMEONE SAY THAT THE ROLE OF THE BOARD IS A POLICYMAKING ROLE, AND THAT I AGREE WITH, AND AS AN AFRICAN AMERICAN AND A WOMAN ON THAT BOARD I WOULD DEAL WITH POLICY COOPERATIVELY WITH MY BOARD MEMBERS OF THE FELLOW BOARD MEMBERS AND ALSO IN THAT PROCESS DEAL WITH SOME SENSITIVITY ISSUES WHICH I THINK WE HAVEN'T TOUCHED ON AS MUCH DURING THESE HEARINGS TO HELP SENSITIZE MY FELLOW BOARD MEMBERS WHO WILL BE SETTING POLICY THAT WILL DIRECT THIS INSTITUTION TO MAKE SURE THAT SOME OF THE ISSUES ARE BEING ADDRESSED FROM THAT LEVEL.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS OF THE LADY?
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR.
MS. MCFADDEN: AS OTHERS I HAVE HAD TIME TO THINK ABOUT THE FOUR-YEAR QUESTION. I AGREE AND I WOULD LIKE TO SEE MOST OF THE MAJORITY OF OUR STUDENTS FINISH HIGHER EDUCATION IN FOUR YEARS UNDERSTANDING THAT THERE ARE OTHER CIRCUMSTANCES WHICH HAVE BEEN ALLUDED TO OR MENTIONED HERE EARLIER THAT THERE MAY BE REASONS AND GOOD REASONS WHY PEOPLE DON'T FINISH IN FOUR YEARS. ME HAVING A SOCIAL WORK BACKGROUND, MY WORD FOR WHAT SOME OF YOU HAVE BEEN USING IS GUIDANCE COUNSELING, MY WORD IS SUPPORT. I THINK THAT WHEN YOU HAVE STUDENTS THERE SHOULD BE A MECHANISM OR SYSTEM OF SUPPORT IN PLACE THROUGHOUT THE CAREER OF THAT STUDENT. WHEN I THINK BACK ON MY YEARS OF COLLEGE AND I THINK ALL OF YOU CAN PROBABLY THINK ABOUT THIS, AT 18 OR 19 YEARS OLD YOU MAY NOT NECESSARILY KNOW WHAT YOU WANT TO DO, SO YOU DO NEED A LOT OF GUIDANCE AND A LOT OF EXPOSURE TO DIFFERENT CAREERS. I SEE PARTIALLY A ROLE FOR THE BUSINESS COMMUNITY TO TAKE A PART IN THIS EFFORT IN TERMS OF MAKING THEIR CAREER OPPORTUNITIES VERY VISIBLE TO THE STUDENT AS THEY GO THROUGH THEIR CAREERS, BUT THINK THAT IS VERY IMPORTANT, THAT IT'S SUPPORT, I AM CALLING IT, TO GET STUDENTS TO HELP THEM. ANOTHER ASPECT IS THERE ARE SOME STUDENTS NOW WHO ARE NOT 18 OR 19 YEAR OLDS BUT WHO ARE COMING BACK TO SCHOOL FOR A SECOND CAREER OR FURTHER TRAINING OR TO GET THEIR DEGREE FOR THE FIRST TIME. THOSE STUDENTS MAY BE WORKING, SO YOU HAVE TO TAKE THAT INTO ACCOUNT AS WELL, BUT IT MAY BE POSSIBLE THROUGH SOME KIND OF BUSINESS SCHOOL OR FACULTY PARTNERSHIP TO GET THAT DONE IN FOUR YEARS.
SENATOR GIESE: MS. MCFADDEN, DO YOU THINK THERE IS A REAL NEED OF THE BOARD TO HAVE AN AFRICAN AMERICAN TO EXPRESS -- I THINK YOU HAVE BEEN HINTING THERE ARE CERTAIN VIEWPOINTS OR CERTAIN INFLUENCES OR CERTAIN INFORMATION THAT COULD INFLUENCE THE POLICIES OF THE SCHOOL TO THE SCHOOL BOARD BY HAVING AN AFRICAN AMERICAN ON THE COUNCIL OR COMMISSION?
MS. MCFADDEN: I MAY ANSWER THAT YES AND NO IF I UNDERSTAND YOUR QUESTION RIGHT. THAT IT IS NOT BEING AFRICAN AMERICAN FOR THE SAKE OF BEING AN AFRICAN AMERICAN ON THE BOARD. I DON'T THINK THAT WOULD BE PRODUCTIVE, BUT IF WE SAY THAT WE NEED TO HAVE ROLE MODELS, IF WE SAY THAT THAT IS IMPORTANT, IF WE SAY THAT IT'S IMPORTANT TO HAVE ROLE MODELS IN POSITIONS WHERE STUDENTS CAN ASPIRE OR CONCEIVE SOMEONE IN A POSITION WHERE THEY CAN FEEL THAT MOTIVATION AND DRIVE TO ASPIRE THEN I THINK IT'S IMPORTANT. THAT IS WHY I THINK I MENTIONED A POLICY ISSUE, BECAUSE IT'S NOT REALLY EFFECTIVE TO HAVE AN AFRICAN AMERICAN OR ANY MINORITY ON A BOARD IF THEY'RE JUST THERE AS THAT, BUT THE ROLE NEEDS TO GO BEYOND ROLE MODELS IN TERMS OF WORKING COOPERATIVELY WITH YOUR OTHER BOARD MEMBERS TO INSTITUTE POLICIES THAT WILL ADDRESS THE ISSUES, WHICH ARE VERY IMPORTANT ISSUES THAT WE CANNOT SHY AWAY FROM. SO THAT IN AND OF ITSELF.
SENATOR GIESE: SOMETIMES WE READ OR HEAR THAT YOU DON'T UNDERSTAND THE AFRICAN AMERICAN STUDENTS, THAT THEY HAVE TO HAVE SOME ADVOCATE IN POSITIONS OF LEADERSHIP. I AGREE 100 PERCENT WITH YOUR ANSWER THUSFAR, BUT IS THERE ANY VALIDITY TO THE FACT YOU MIGHT HAVE A DIFFERENT VIEWPOINT TO PRESENT THAT MOST PEOPLE WOULDN'T UNDERSTAND?
MS. MCFADDEN: AS AN AFRICAN AMERICAN DO YOU MEAN DO I HAVE A DIFFERENT VIEWPOINT? I HAVE A DIFFERENT EXPERIENCE PROBABLY, AND THEN AGAIN MAYBE NOT, BUT NOT NECESSARILY DIFFERENT VIEWPOINT BECAUSE MY GOAL IS TO SEE ALL PEOPLE IN THIS AREA, AND I AM INTERESTED BECAUSE I AM FROM NEAR THAT AREA, TO SEE PEOPLE IN THIS STATE TO BE ABLE TO BE EDUCATED, AND I THINK THIS IS AN EXCITING OPPORTUNITY, SO, NO, IT'S NOT JUST THAT I HAVE A DIFFERENT VIEWPOINT THAT I AM PROMOTING, BUT I DO HAVE A DIFFERENT EXPERIENCE THAT I THINK WILL BE VALUABLE.
REPRESENTATIVE INABINETT: I THINK YOU ANSWERED IN PART MY QUESTION, BUT I WOULD LIKE TO ASK YOU THE SAME QUESTION. HOW DO YOU VIEW THE ROLE OF TRUSTEES IN SITUATIONS WHERE NEGATIVE BEHAVIOR ON CAMPUS HAS BECOME A CONCERN?
MS. MCFADDEN: I SEE THE ROLE OF TRUSTEES AS BEING ACTIVELY INVOLVED WITH TRYING TO WORK WITH STUDENTS IN TRYING TO NEGOTIATE OR RESOLVE ISSUES. I THINK IT ALSO DEPENDS ON THE TYPE OF NEGATIVE BEHAVIOR. IF YOU ARE TALKING ABOUT A PROTEST OR TALKING ABOUT SOME KIND OF ACTING OUT BEHAVIOR OR INCIDENTS THAT DISRUPT THE EDUCATIONAL PROCESS, I THINK THEY NEED DIFFERENT TYPES OF RESPONSES; BUT, NEVERTHELESS, I THINK THE BOARD NEEDS TO BE ACTIVELY INVOLVED IN THAT IN TERMS OF POLICYMAKING, ALSO IN TERMS OF WORKING COOPERATIVELY AGAIN WITH THE STUDENTS.
CHAIRMAN STODDARD: THANK YOU, MA'AM. OUR NEXT CANDIDATE IS JULI POWERS FROM CLIO.

CHAIRMAN STODDARD: MS. POWERS, DO YOU SWEAR THAT THE FOREGOING TESTIMONY WILL BE THE TRUTH, SO HELP YOU GOD?
MS. POWERS: YES.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. POWERS: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING THE BOARD IN A FULL CAPACITY?
MS. POWERS: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. POWERS: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. POWERS: NO, SIR.
SENATOR GLOVER: SAME QUESTION.
MS. POWERS: SENATOR GLOVER, I WOULD LOVE TO, AS A MEMBER OF THE BOARD OF TRUSTEES, USE MY VOICE WHICH I HAVE NONE THIS MORNING, TO EXPRESS TO OUR RECRUITMENT DEPARTMENT TO INITIATE A MORE AGGRESSIVE RECRUITING AT AN EARLIER AGE OUT IN THE SCHOOLS, GO OUT THERE ACTIVELY, GET THEIR HANDS ON THESE CHILDREN, LOOK AT THEIR BRIGHT LITTLE FACES, GUIDE THEM AND TELL THEM THEY CAN COME TO OUR INSTITUTION, HERE IS WHAT PROGRAMS WE HAVE, HERE IS WHAT YOU CAN DO WITH YOUR LIFE IF YOU WORK HARD IN THAT PROGRAM, HERE IS WHAT YOU WILL BE RESPONSIBLE FOR, BUT TO LET THEM KNOW WITH AN ACTIVE, AGGRESSIVE RECRUITING PROGRAM. I GREW UP AND GRADUATED FROM COASTAL CAROLINA, AND THAT IS A VERY APPEALING PART OF OUR SCHOOL IS THAT IT'S A VERY PERSONAL RECRUITING DEPARTMENT, BUT I THINK I WOULD LIKE TO SEE IT MORE AGGRESSIVE AND ALSO MORE REALISTIC WITH MINORITIES AND WOMEN. AS I JUST SAID, HERE IS WHAT YOU WILL HAVE TO DO TO MAKE SOMETHING OF YOURSELF, HERE IS WHAT YOU WILL HAVE TO BE RESPONSIBLE FOR, WE ARE HERE TO GUIDE YOU AND SUPPORT YOU ALL THE WAY, HERE IS THE PART YOU HAVE TO PLAY, AND I THINK WITH THAT WE WOULD HAVE A GREATER SUCCESS IN THAT AREA.
CHAIRMAN STODDARD: THE FOUR-YEAR QUESTION?
MS. POWERS: THE DISTRICT IS ON DOWN THE LINE AND I AM SORRY, I WILL BE HONEST, I HAVE NO PANACEA. THERE IS TWO SIDES TO THIS. IF WE IMPLIED STRICTER RESTRICTIONS ON CHANGING OF HOURS, TRANSFERRING OF MAJORS, MAYBE PEOPLE WOULD BE INFLUENCED TO GO THROUGH THEIR FOUR-YEAR PROGRAM, GET THAT DEGREE AND THEN MAY GO OUT AND MAY OR MAY NOT JOIN THE WORK FORCE AND THEN THEY WOULD TURN AROUND AND COME RIGHT BACK TO SCHOOL TO PURSUE ANOTHER CAREER, ANOTHER MAJOR OR DEGREE AND THEN BE RIGHT BACK IN THE TAXPAYERS' LAP. IF WE LOOKED DOWN THAT ONE ROAD AND SAID HERE IS YOUR FOUR-YEAR DEGREE, I AM AFRAID WE MIGHT LOSE A LITTLE BIT OF OUR COMPETITIVE EDGE IN THAT, FOR EXAMPLE, WHEN I WAS AT COASTAL MY DEGREE WAS IN HEALTH AND PHYSICAL EDUCATION, BUT A COUPLE OF YEARS INTO IT MY ADVISOR HAD THE PERCEPTION TO SHOW ME HOW I COULD ADD A LITTLE MORE -- WE HAD THESE SHORT COURSE TYPE THINGS CALLED MAYMESTER WHERE YOU COULD CONSOLIDATE A LOT OF LEARNING INTO ONE MONTH AND I TOOK ADVANTAGE OF THAT IN SUMMER SCHOOL AND THEN I EARNED AN EXTRA CERTIFICATION IN ELEMENTARY EDUCATION ALONG WITH HEALTH AND PHYSICAL EDUCATION. ALTHOUGH IT DIDN'T, BUT SOME STUDENTS IT WOULD TAKE MORE THAN FOUR YEARS. I WOULD HATE TO SEE US LOSE SOME SENSE OF COMPETITIVENESS BY SAYING WE WANT YOU THROUGH HERE IN FOUR YEARS. ON THE OTHER HAND, IF YOU LOOK AT IT IN A COMMON SENSE WAY, YOU COULD SIT DOWN WITH A VERY REALISTIC ADVISOR AT THE BEGINNING AND, THEREFORE, FALL BACK TO THE RECRUITING, IS THIS STUDENT QUALIFIED, AND JUST LIKE MY ANSWER TO SENATOR GLOVER'S QUESTION, SIT THE STUDENT DOWN AND SAY HERE IS WHAT YOU WILL DO FOR US AND WE WILL DO THIS FOR YOU, BECAUSE I KNOW MY EDUCATION WHEN I WAS AT COASTAL CAROLINA, I COULD NEVER REPAY COASTAL CAROLINA FOR EVERYTHING IT DID FOR ME IN MY EDUCATION GETTING ME PREPARED TO GO OUT INTO THE WORK FORCE WITH NOT ONLY JUST A JOB BUT THE JOB I WANTED. THAT IS WHAT HAPPENED FORTUNATELY, BECAUSE I CHOSE A GREAT SCHOOL, BUT WHAT WE WANT TO DO IS TELL THESE STUDENTS HERE IS WHAT YOU ARE DOING, YOU HAVE TO HELP US, AND THEN A CLOSE MONITORING SYSTEM DURING SEMESTERS CLOSELY MONITORING LIKE SET UP DEFINITE CHECKPOINTS AND HAVE THE STUDENTS IDENTIFY THEY'RE AT RISK, DROPPING COURSES OR NOT DOING WELL, AND IF IT LOOKS LIKE THEY MAY HAVE TO CHANGE THEIR MAJOR, PERHAPS THERE'S SOME CLOSER LOOK WE CAN TAKE AT THAT INDIVIDUAL AND HELP THE STEER THEM IN THE RIGHT DIRECTION AS TO NOT CAUSE THAT STUDENT TO STAY IN SCHOOL LONGER THAN THEY HAVE TO. SO TWO SIDES. SORRY. I PROBABLY COULD MAKE UP A WONDERFUL ANSWER FOR YOU, BUT I DON'T THINK YOU WANT ME TO DO THAT.
CHAIRMAN STODDARD: THANK YOU, MA'AM. NEXT WE GO TO THE SIXTH CONGRESSIONAL DISTRICT, SEAT 11, WILLIAM H. CHANDLER FROM HEMINGWAY.

CHAIRMAN STODDARD: MR. CHANDLER, DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. CHANDLER: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. CHANDLER: I WILL.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD?
MR. CHANDLER: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. CHANDLER: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST, IF ELECTED TO THE BOARD, THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. CHANDLER: I PRESENTLY HAVE THE HONOR OF SERVING ON THE BOARD OF CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN. MY TERM EXPIRES IN JUNE, AND I HAVE CERTAINLY ENJOYED THAT OPPORTUNITY.
CHAIRMAN STODDARD: YOU OF COURSE DON'T INTEND TO PURSUE CONTINUANCE OF IT?
MR. CHANDLER: NO, SIR.
CHAIRMAN STODDARD: SENATOR GLOVER.
SENATOR GLOVER: SAME QUESTION.
MR. CHANDLER: THAT ITEM IS ESPECIALLY, I THINK, SIGNIFICANT AND MEANINGFUL TO ME BECAUSE I COME FROM WILLIAMSBURG AND WE HAVE A LARGE MINORITY POPULATION. OBVIOUSLY, AS A BOARD, WE CAN SET POLICY. I THINK THAT POLICY OUGHT TO ENCOURAGE SENSITIVITY IN ADMISSIONS AND OUGHT TO ENCOURAGE HOPEFULLY COMMUNITY AND INDUSTRY INVOLVEMENT FOR MINORITY SCHOLARSHIPS AND SUPPORT, BUT I THINK ONE OF THE EXCITING OPPORTUNITIES MIGHT BE TO MAKE OFFERINGS OF MINORITY INTEREST. IT SEEMS TO ME COASTAL CAROLINA UNIVERSITY IS IN A PRIMARY LOCATION, A LOGICAL SPOT TO OFFER STUDIES IN AFRICAN HISTORY AS APPLIES TO THE SETTLEMENT OF COASTAL SOUTH CAROLINA. I THINK IF YOU HAD OPPORTUNITIES THERE THAT REALLY INTERESTED MINORITY GROUPS THAT THAT WOULD BE A REAL CALLING CARD FOR COASTAL.
CHAIRMAN STODDARD: THE FOUR-YEAR QUESTION?
MR. CHANDLER: I WAS IN A HIGH SCHOOL A WEEK AGO AND I SAW SCRAWLED ACROSS A BLACKBOARD, "WHY GO TO COLLEGE, GO TO COASTAL." I FOLLOWED UP ON THAT, BECAUSE IT CONCERNED ME, AND THE IMPLICATION WAS THERE ARE A LOT OF DISTRACTIONS ON THE GRAND STRAND. THAT IS A REAL PROBLEM. I HAVE THE FIRST OF THREE CHILDREN WHO WILL BE IN COLLEGE NEXT YEAR, AND I UNDERSTAND THE CONCERN FOR THAT ISSUE AND I THINK IT'S IMPORTANT THAT WE START OFF THROUGH ADMISSIONS WITH A PARTNERSHIP OF PARENT AND STUDENT SO THAT EARLY PROCESS AND THAT THAT ISSUE CAN BE DEALT WITH. I THINK ALSO THAT WE NEED TO OFFER PERHAPS OR STUDY THE POSSIBILITIES OF OFFERING SOME INNOVATIVE REWARD FOR PROMPT COMPLETION, AND FINALLY I THINK AS A BOARD AND THROUGH POLICY WE NEED TO INSURE THERE IS A RIGOROUS COMPETITION THERE THAT DOES ENCOURAGE SCHOLARSHIP.
CHAIRMAN STODDARD: ANY FURTHER QUESTIONS?
REPRESENTATIVE INABINETT: SAME QUESTION FOR YOU PLEASE, SIR. MR. CHANDLER, HOW DO YOU VIEW THE ROLE OF TRUSTEES IN SITUATIONS WHERE STUDENTS' NEGATIVE BEHAVIOR BECOMES A CONCERN?
MR. CHANDLER: THE BOARD MAKES POLICY AND THEN WE SUPPORT OUR ADMINISTRATION, AND I HOPE THERE THAT YOU HAVE MADE WISE DECISIONS IN YOUR ADMINISTRATION AND ADMINISTRATION DOES A GOOD JOB IN HANDLING THAT PROBLEM.
CHAIRMAN STODDARD: SENATOR MACAULAY.
SENATOR MACAULAY: I WILL REVIVE MY QUESTION. IN SELECTING A PRESIDENT FOR THE UNIVERSITY DO YOU HAVE ANY PARTICULAR THOUGHTS?
MR. CHANDLER: THE SEARCH COMMITTEE WILL HAVE IT. I FEEL ENCOURAGED THAT THE OPPORTUNITIES AT COASTAL, THERE IS ALWAYS SOMETHING EXCITING ABOUT A BEGINNING. I THINK THERE IS A LOT THERE TO ATTRACT APPLICANTS, AND I REALLY THINK THEY WILL BE GOOD APPLICANTS AND THAT THERE ARE OPPORTUNITIES THAT WILL BE SO ENCOURAGING THAT WE HAVE A GOOD CHANCE OF FINDING SOMEBODY REALLY DYNAMIC.
CHAIRMAN STODDARD: THANK YOU, SIR. WE GO NOW TO SEAT 14 AT LARGE. THE FIRST CANDIDATE IS H. FRANKLIN BURROUGHS OF CONWAY. (NO RESPONSE.)
CHAIRMAN STODDARD: NEXT WE GO TO MR. FRED C. FORE OF MURRELLS INLET.

CHAIRMAN STODDARD: MR. FORE, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. FORE: I DO, MR. CHAIRMAN.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. FORE: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD?
MR. FORE: NONE, MR. CHAIRMAN.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. FORE: NONE.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. FORE: I CURRENTLY SERVE ON THE MYRTLE BEACH AIR FORCE BASE REDEVELOPMENT COMMISSION, AND I WOULD RESIGN IF APPROVED BY THIS COMMITTEE IF YOU ALLOW ME TO SERVE ON THE BOARD OF TRUSTEES.
SENATOR GLOVER: SAME QUESTION, SIR.
MR. FORE: SENATOR GLOVER, IT'S CERTAINLY A VALID QUESTION, ONE OF MUCH IMPORTANCE IN ALL AREAS OF EMPLOYMENT AND PUBLIC EDUCATION. I THINK MY FIRST AND FOREMOST RESPONSE, SENATOR, WOULD BE I RECOMMEND THAT EVERYONE LOOK CLOSELY AT ROLE MODELS THAT HAVE DEVELOPED IN OUR SOCIETY AND IN OUR PROFESSION SUCH AS MAGGIE GLOVER. ADDITIONALLY FROM THAT INFORMAL RESPONSE, SENATOR, I, IN A POLICYMAKING POSITION, WOULD LOOK FORWARD TO CARRYING THROUGH THE SAME BASIC PHILOSOPHY THAT I CARRIED THROUGH FOR 28 YEARS AS PRESIDENT OF FLORENCE/DARLINGTON TECHNICAL COLLEGE. THAT SIMPLY IS AS YOU RECALL, NUMBER ONE, ONE SHOULD BE IN A POSITION BECAUSE OF HIS OR HER QUALIFICATION, BUT WHAT IS CONSISTENT WITH QUALIFICATIONS, WHAT MAKES UP QUALIFICATIONS, I FIRMLY BELIEVE, SENATOR, THAT OUR SOCIETY HAS POSSIBLY NOT ADDRESSED THE NEEDS OF WOMEN AND MINORITIES THROUGH THE YEARS AND, THEREFORE, WE SHOULD DEVOTE AS MANY OF OUR RESOURCES AS HUMANLY POSSIBLE TO SEE THAT EVERY INDIVIDUAL HAS AN OPPORTUNITY TO EQUIP THEMSELVES, PULL THEMSELVES UP BY THEIR BOOTSTRAPS AND BE IN A POSITION OF QUALIFICATION.
CHAIRMAN STODDARD: ANY FURTHER QUESTIONS? DID YOU ANSWER THE FOUR-YEAR QUESTION, SIR?
MR. FORE: NO, MR. CHAIRMAN, I DIDN'T. IT'S A VERY VALID QUESTION, I AM SURE OF MUCH IMPORTANCE TO YOU WITH THE TIGHTENING OF THE RESOURCES. EACH YEAR, OF COURSE, BEYOND THE FOURTH YEAR LEVEL IS AN EXPENSIVE PROCESS BOTH FOR THE TAXPAYER, FOR YOU IN MAKING DECISIONS AS TO HOW TO ALLOCATE THE LIMITED RESOURCES, AND IT'S ALSO AN EXPENSIVE PROCESS FOR THE PARENTS. I CAN RELATE TO THAT AS OTHERS HAVE. I HAD ONE DAUGHTER THAT GOT VERY EXCELLENT CLASSROOM ATTENTION AND COUNSELING, SHE GOT VERY EXCELLENT CAREER COUNSELING IN THE EARLY AGES, AND SHE WENT THROUGH THE FOUR-YEAR PROCESS WITH NO DIFFICULTY. I HAVE ANOTHER DAUGHTER THAT IS IN HER SEVENTH YEAR. I REALIZE THAT IS EXPENSIVE TO THE TAXPAYERS AND CERTAINLY EXPENSIVE TO HER FATHER. I THINK, MR. CHAIRMAN, IT CAN BE ADDRESSED NOT WITH THE FIFTH AND SIXTH AND SEVENTH YEAR COST FACTORS ON THE TAXPAYER AND THE PARENT AND INDIVIDUAL, BUT SHOULD BE ADDRESSED AT THE LOWER LEVEL. I WAS VERY MUCH INTERESTED IN SENATOR GIESE'S OBSERVATIONS, AND THAT IS SIMPLY THAT CAREER COUNSELING MAYBE HASN'T BEEN PUT INTO OUR EDUCATIONAL PROCESSES AS MUCH AS POSSIBLE. I AM A STRONG ADVOCATE, MR. CHAIRMAN, OF CAREER COUNSELING BUT THEN AS WE LOOK AT PROFESSIONAL COUNSELING BY THE CAREER COUNSELORS IN THE SCHOOL SYSTEM AND IN THE EDUCATIONAL PROCESSES OF THE POST SECONDARY LEVEL, THERE ARE SIMPLY NOT ENOUGH RESOURCES AND NOT ENOUGH QUALIFIED COUNSELORS TO GET THE JOB DONE. THEREFORE, IT FALLS TO THE RESPONSIBILITY OF THE CLASSROOM TEACHER ON A DAY BY DAY BASIS TO ADDRESS THE NEEDS OF THE INDIVIDUAL. HE OR SHE IN THE CLASSROOM CAN DETECT THE NEEDS OF THE INDIVIDUAL STUDENT MUCH BETTER THAN A CAREER COUNSELOR OR COUNSELOR SITTING OUT IN AN OUTER OFFICE.
REPRESENTATIVE INABINETT: I WOULD LIKE TO ASK YOU THE SAME QUESTION.
MR. FORE: IN MY 28 YEARS AS PRESIDENT OF FLORENCE/DARLINGTON TECHNICAL COLLEGE, I WAS FORTUNATE IN THAT I HAD A STRONG BOARD THAT ESTABLISHED A STRONG POLICY. WHEN WE HAD ANY DIFFICULTIES ON THE CAMPUS I KNEW EXACTLY WHAT MY BOARD EXPECTED OF ME AND CARRIED THOSE POLICIES OUT. THEREFORE, I WOULD HIGHLY RECOMMEND, AND IF ALLOWED TO SERVE WOULD STRONGLY RECOMMEND A STRONG POLICY SO THE CHIEF ADMINISTRATOR'S OFFICE AND MEMBERS OF THE STAFF AND FACULTY WOULD KNOW WHAT THE BOARD'S POLICIES ARE RELATIVE TO THESE MATTERS AND BE ABLE TO ADDRESS THEM IMMEDIATELY.
CHAIRMAN STODDARD. THANK YOU, SIR.
MR. FORE: THANK YOU, MR. CHAIRMAN.
CHAIRMAN STODDARD: THE NEXT CANDIDATE IS DEAN P. HUDSON OF CONWAY.

CHAIRMAN STODDARD: MR. HUDSON, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. HUDSON: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. HUDSON: YES, I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. HUDSON: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. HUDSON: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. HUDSON: YES, SIR, I CURRENTLY SERVE AS A MEMBER OF THE SOUTH CAROLINA MINING COUNCIL, WHICH I WOULD RESPECTFULLY RESIGN FROM IF ELECTED TO THIS BOARD.
SENATOR GLOVER: SAME QUESTION, SIR.
MR. HUDSON: AS A MEMBER AND A WORKER IN AN INDUSTRY THAT IS A MAJORITY OF WOMEN CURRENTLY, I UNDERSTAND WHAT HAS DEVELOPED IN THAT AREA. THERE IS MORE ACCEPTANCE OF WOMEN IN OUR INDUSTRY AND MORE ADVANCEMENT NOW. WITH RESPECT TO MINORITIES, I THINK AGAIN WE CAN ENCOURAGE SCREENING AND COUNSELING AND NOT ONLY IN THE HIGH SCHOOLS BUT ALSO THE MIDDLE SCHOOLS WHICH IS THE AGE THAT KIDS ARE MORE SUSCEPTIBLE TO MODELS AND HOPEFULLY IDENTIFY STUDENTS THAT CAN COME TO THE SCHOOL AND SET UP PROGRAMS SUCH AS WHAT THE EDUCATION INDUSTRY HAS DONE IN PROMOTING MINORITIES.
REPRESENTATIVE CLYBORNE: THAT FOUR-YEAR GRADUATION QUESTION.
MR. HUDSON: THE FOUR-YEAR SCHOOL I AM VERY MUCH IN FAVOR OF. I FINISHED COASTAL MYSELF IN THREE AND A HALF YEARS WHILE WORKING APPROXIMATELY 40 HOURS A WEEK, SO IT CAN BE DONE. BUT I DO UNDERSTAND THE PROBLEMS THAT SOME STUDENTS HAVE IN, AGAIN, CHANGING DIRECTIONS. I HAD MANY FRIENDS THAT DID THAT AND IT TOOK THEM MUCH LONGER THAN IT DID ME. WE CAN INCREASE OUR SCREENING THROUGH ADMISSIONS STANDARDS TO IDENTIFY THOSE STUDENTS THAT HOPEFULLY WOULD WANT TO BE A PART OF THE UNIVERSITY. I THINK WE HAVE AT COASTAL WE HAVE A GREAT FACULTY, ONE THAT WAS VERY SUPPORTIVE OF ME AS I WENT THROUGH. I WAS GIVEN A LOT OF GUIDANCE AND ENCOURAGEMENT. I HAVE REMAINED FRIENDS WITH MANY OF MY INSTRUCTORS FROM COASTAL, AND WE HAVE ALSO GREAT COOPERATION IN THE LOCAL COMMUNITY FOR THE SCHOOL. WE ARE VERY PROUD OF IT. SO ENCOURAGEMENT FROM THE FACULTY, AGAIN, AND IN THE LOCAL HIGH SCHOOLS AND LOCAL MIDDLE SCHOOLS, AND ALSO ENCOURAGEMENT FROM LOCAL INDUSTRIES SUCH AS TOURISM WHICH IS ONE OF THE LARGEST IN OUR AREA, OBVIOUSLY, TO SHOW THE IMPORTANCE OF A DEGREE AND ENCOURAGE THESE STUDENTS TO GET THROUGH SCHOOL AND BECOME A PART OF SOCIETY.
CHAIRMAN STODDARD: THANK YOU, SIR. OUR NEXT CANDIDATE IS DAVID BOMAR SMITH OF CONWAY.

CHAIRMAN STODDARD: DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. SMITH: YES, SIR.
CHAIRMAN STODDARD: MR. SMITH, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. SMITH: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. SMITH: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, TO PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. SMITH: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. SMITH: NO, SIR.
SENATOR GLOVER: SAME QUESTION, SIR.
MR. SMITH: SENATOR GLOVER, I THINK, AND I KNOW WHERE YOU ARE COMING FROM ON THIS QUESTION BECAUSE I KNOW YOU REPRESENT AMONG YOUR CONSTITUENCY MARLBORO AND DILLON WHERE I GREW UP. I THINK WHEN IT COMES TO MINORITIES, ALL THE GOOD INTENTIONS IN THE WORLD DON'T AMOUNT TO A HILL OF BEANS IF YOU CAN'T AFFORD TO GO TO COLLEGE. I THINK FINANCIAL AID IS A CRUCIAL THING. I THINK ALSO THAT COUNSELING IS VERY IMPORTANT TOO. SO THAT WHILE I WOULD HOPE THAT MY LITTLE GIRL WHO IS 13 WOULD HAVE HIGH ASPIRATIONS AS A WOMAN ONE DAY EDUCATIONALLY SPEAKING AND NOT JUST IN TRADITIONAL AREAS, AND I THINK THIS HAS TO BE AN ATMOSPHERE THAT HAS TO BE CULTIVATED, BUT ALL THESE THINGS REALLY ARE NEVER GOING TO HAPPEN OR PROGRESS IN THIS AREA UNLESS WE HAVE A FIRM COMMITMENT TO THESE OBJECTIVES BY TRUSTEES, ADMINISTRATORS, FACULTY, AS WELL AS GENERAL ASSEMBLY.
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR GRADUATION QUESTION.
MR. SMITH: ON THE FOUR-YEAR GRADUATION QUESTION, I THINK THAT IS A VERY IMPORTANT QUESTION. IT'S ONE THAT I HAVE STUDIED SINCE BACK IN THE 1980'S WHEN I WAS ON THE STATE COMMISSION ON HIGHER EDUCATION REPRESENTING WHAT WAS THEN THE SIXTH CONGRESSIONAL DISTRICT. ONE THING I THINK THAT JUST TOUCHES BACK ON THE ANSWER I GAVE TO SENATOR GLOVER, KEEPING TUITION REASONABLE IS VERY IMPORTANT. A LOT OF TIMES WHEN COLLEGE KIDS HAVE TO WORK TWO JOBS OR SAY DOWN AT THE COASTAL AREA WORKING AT THE BEACH AS A WAITER OR WAITRESS UNTIL ELEVEN OR TWELVE AT NIGHT, THAT IS GOING TO HURT THEM BEING ABLE TO GRADUATE ON TIME. I THINK ANOTHER THING THAT IS IMPORTANT AND SOMETHING THAT SENATOR GIESE MADE REFERENCE TO IS PROPER COUNSELING OF THE STUDENTS AND NOT JUST BY SOCIAL SERVICES OR THE STUDENT SERVICES SECTION BUT BY FACULTY MEMBERS. IT'S VERY IMPORTANT, I THINK, EARLY ON, THAT THE STUDENTS IN HIGH SCHOOL BE GIVEN THE PROPER ADVICE ON CAREER ORIENTATION. MYSELF WHEN I GRADUATED FROM DILLON HIGH SCHOOL AND WENT TO UNC CHAPEL HILL, I THOUGHT I WANTED TO BE A BUSINESSMAN, BECAUSE MY FATHER WAS A BUSINESSMAN, BUT I FOUND AFTER A WHILE THAT, NO, I LOVED HISTORY. MY FIFTH GRADE TEACHER, MS. LUPO (PHONETIC) TOLD ME I WOULD BE A GREAT HISTORIAN OR A TEACHER ONE DAY. BUT HAVING THE RIGHT COUNSELING, HAVING SOMEONE TO SAY TO YOU THAT, HEY, THIS IS WHAT YOU ARE REALLY GOOD AT AND ENCOURAGING A PERSON TO GO IN THAT AREA. ON THE FOUR-YEAR GRADUATION RATE I THINK POSSIBLY WE SHOULD HAVE MORE EMPHASIS ON TEACHING BY THE PROFESSORS AT THE UNIVERSITY INSTEAD OF RESEARCH. RESEARCH IS IMPORTANT BUT WE SHOULD KEEP OUR PRIORITIES IN MIND THAT THE MOST IMPORTANT THING IS WHAT GOES ON IN THAT CLASSROOM BETWEEN THAT PROFESSOR AND HOPEFULLY NOT A GRADUATE ASSISTANT, BUT BETWEEN THE PROFESSOR AND THE STUDENT.
CHAIRMAN STODDARD: THANK YOU, SIR.
MR. SMITH: AND MR. INABINETT, ON THE NEGATIVE BEHAVIOR ON CAMPUS QUESTION, I THINK NEGATIVE BEHAVIOR CAN BE KEPT AT A VERY MINIMUM IF YOU DO REALLY THREE THINGS: ONE, A CLEAR POLICY, CONCISE POLICY THAT IS DEVELOPED BY THE FACULTY, THE ADMINISTRATION AND TRUSTEES AND STUDENTS SO EVERYBODY IS IN AGREEMENT AS TO WHAT THE RULES ARE OF ACCEPTABLE AND UNACCEPTABLE BEHAVIOR. NUMBER TWO, PUBLICIZING THOSE RULES. AND NUMBER 3, A CONSISTENT ENFORCEMENT OF THOSE RULES ONCE THEY HAVE BEEN ESTABLISHED. THAT SHOULD MINIMIZE PROBLEMS LIKE THAT. THANK YOU. I APPRECIATE THE OPPORTUNITY.
CHAIRMAN STODDARD: OUR NEXT CANDIDATE AND FINAL FOR THE SIXTH CONGRESSIONAL DISTRICT IS ROBERT LEE RABON OF CONWAY.

CHAIRMAN STODDARD: MR. RABON, DO YOU SWEAR THAT THE FOREGOING TESTIMONY WILL BE THE TRUTH, SO HELP YOU GOD?
MR. RABON: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. RABON: YES.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MR. RABON: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. RABON: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. RABON: I AM PRESENTLY A MEMBER OF THE HORRY COUNTY HIGHER EDUCATION COMMISSION OF WHICH I WOULD HAVE TO RESIGN IF ELECTED.
SENATOR GLOVER: SAME QUESTION, SIR.
MR. RABON: SENATOR, THE FIRST THING WE HAVE TO DO IS ADMIT THERE IS A PROBLEM. I THINK IN OUR SOCIETY WE FAIL TO ADMIT THERE IS A PROBLEM AND YOU CAN'T FIX IT UNLESS YOU KNOW WHAT IT IS. YOU HAVE TO BE SENSITIVE TO THE PROBLEMS, AND IT'S NOT SOMETHING THAT HAPPENED OVERNIGHT AND WON'T GO AWAY OVERNIGHT, BUT IF THE PEOPLE ARE WILLING TO ROLL UP THEIR SLEEVES AND BE HONEST AND TALK STRAIGHT TALK RATHER THAN KIDDING THEMSELVES, THEY CAN GET SOMETHING DONE, BUT MOST OF THE THINGS YOU SEE PEOPLE PLAY GAMES ABOUT. EXCUSE ME FOR USING IT IN THIS WAY, IT'S LIKE THROWING A BONE. THERE'S A STEREOTYPE FOR WOMEN THAT YOU HAVE TO BE NURSES, TEACHERS, SECRETARIES, AND THAT IS NOT NECESSARILY THE CASE. I HAVE THREE DAUGHTERS. ONE IS A SENIOR AT COASTAL CAROLINA WHO IS GOING TO BE A TEACHER, AND IN THE PROCESS I HAVE A DAUGHTER WHO IS A RISING SENIOR AT AYNOR HIGH SCHOOL, AND SHE HAS BEEN TRYING TO DECIDE WHAT SHE WANTS TO MAJOR IN, AND WHAT WE DID, AND I AM VERY CLOSE TO MY GIRLS. I HAVE A THREE-YEAR OLD SON, BUT MY DAUGHTERS AND I ARE VERY, VERY CLOSE, AND ONE OF THE THINGS I SAID, I SAID, SHERRY, IT'S REAL IMPORTANT FOR YOU TO UNDERSTAND TO START THROUGH THE PROCESS OF ELIMINATION: DO YOU WORK WANT TO WORK OUTDOORS, DO YOU WANT TO WORK INDOORS, DO YOU WANT TO STAY AT HOME AND LOOK AT OPPORTUNITIES AVAILABLE IN OUR REGION, BECAUSE YOU MIGHT WANT TO BE AN ASTROPHYSICIST BUT WE DON'T HAVE ANYPLACE FOR YOU TO WORK, AND SO YOU HAVE TO LEAVE THE AREA. SO YOU NEED TO UNDERSTAND THE MISSION THAT YOU HAVE FOR YOUR OWN PARTICULAR INDIVIDUAL LIFE AND WHAT YOU WANT TO DO. AND ONE OF THE THINGS WE DO AT COASTAL AND HAVE BEEN DOING IT FOR SOME YEARS, IT'S CALLED YOUNG PEOPLE'S COLLEGE WHERE EIGHTH GRADERS, KIDS FROM NINE TO 13 YEARS OLD, AND TRY TO DO SOME ORIENTATION FOR THAT, BUT I THINK IF WE HAVE A MISSION AND DEFINE IT AND SET SOME GOALS AND OBJECTIVES AND BE SENSITIVE TO THOSE NEEDS AND ADMIT THERE ARE PROBLEMS, WE CAN ACCOMPLISH IT IF WE WORK AT IT.
REPRESENTATIVE CLYBORNE: FOUR-YEAR QUESTION.
MR. RABON: COASTAL CAROLINA IS A LITTLE UNIQUE. I THINK I CAN ADDRESS IT, SIR, PRIMARILY BECAUSE A THIRD OF THE STUDENT POPULATION AT COASTAL IS OVER 35 YEARS OLD; 70 PERCENT OF THE POPULATION OF THE STUDENTS ARE HORRY COUNTY RESIDENTS, SO IT MAY BE A LITTLE DIFFERENT THAN AS AT THE OTHER FOUR-YEAR INSTITUTIONS OF THE STATE, BUT I THINK SOMETHING TO MY INVOLVEMENT IN COASTAL, I HAVE BEEN ON THE HIGHER EDUCATION COMMITTEE FOR SEVEN YEARS, I SEE SO MANY KIDS THAT COME TO COLLEGE THAT ARE SO FRUSTRATED. THEY'RE ABSOLUTELY OVERWHELMED BY WHAT THEY FIND AND THEY FIND THEY ARE NOT PREPARED, THEY DON'T HAVE THE MATH AND SCIENCES, AND OUR COMMISSION DEVELOPED A PROGRAM FOR TEACHING REMEDIAL MATH AND ENGLISH TO TRY TO BRING THEM UP TO SPEED, FOR LACK OF A BETTER WAY OF PUTTING IT, AND I FEEL LIKE THE UNIVERSITY OF SOUTH CAROLINA INSTITUTED A LEARNING CENTER FOR SOME OF OUR KIDS. THE MAJORITY OF THE ATTRITION RATE COMES IN THE FIRST AND SECOND SEMESTERS, AND I THINK IF YOU GO BACK AND LOOK I THINK YOU WILL FIND THEY JUST WEREN'T PREPARED. THEY DIDN'T HAVE THE STUDY SKILLS, THEY DIDN'T HAVE THE MATH AND SCIENCE SKILLS AND STUFF, AND THEN YOU WOULD HAVE TO GO BACK TO THE LOWER ELEMENTARY AND HIGH SCHOOLS AND IN MY HUMBLE OPINION IS WE HAVE ASKED THEM TO DO TOO MUCH. WE HAVE ASKED OUR PUBLIC SCHOOLS TO GET AWAY FROM TEACHING, AND THEY'RE HAVING TO DECIDE ISSUES AND DO THINGS FOR KIDS WAY OUT OF THE REALM OF TEACHING, AND I THINK THE BURDEN IS SO GREAT, ESPECIALLY ON MIDDLE AND UPPER SCHOOLS. AND THIS MIGHT BE INAPPROPRIATE BUT ISSUES LIKE ABORTION AND THINGS LIKE THAT, THAT IS FOR THE PARENTS AND THE HOME. I MEAN YOU CAN'T DUMP IT ALL ON THE TEACHERS AND EXPECT THEM TO DO EVERYTHING. IF THEY'RE GOING TO TEACH THEY NEED TO HAVE AN OPPORTUNITY IN THE AREA TO TEACH IN, AND I JUST HONESTLY THINK, LIKE THE FOUR-YEAR ISSUE, LIKE ME AS A PARENT, I HAVE A DAUGHTER WHO IS A SENIOR IN COLLEGE AND I HAVE A DAUGHTER WHO WILL BE A FRESHMAN IN COASTAL FALL OF '94. IF I AM GOING TO APPLY FOR STUDENT AID, I THINK I OUGHT TO HAVE TO GO IN WITH THAT CHILD. I THINK I SHOULD GO IN AND SIT DOWN AND I DON'T THINK THEY SHOULD SEND A FORM HOME FOR ME TO FILL OUT AND THAT'S ALL I DO. AND A LOT OF TIMES IT TAKES THE DADDIES AND MAMAS TO FILL IT OUT. THEY'RE JUST NOT INTERESTED. BUT IF THEY WANT MONEY OR RESOURCES FROM THE STATE AND FEDERAL GOVERNMENT THEY SHOULD HAVE TO PAY A PRICE FOR IT, AND AT LEAST GO IN AND SIT DOWN AND TALK TO A COUNSELOR. LET THEM UNDERSTAND WHAT THE RAMIFICATIONS ARE, AND I THINK IF THEY DO, IF YOU GET MORE PARENTAL INVOLVEMENT IS THE KEY TO IT ALL IN MY OPINION.
REPRESENTATIVE INABINETT: SAME QUESTION WITH REFERENCE TO NEGATIVE STUDENT BEHAVIOR, THE TRUSTEE'S ROLE?
MR. RABON: I THINK, FIRST OF ALL, WE ARE AN ADMINISTRATIVE BOARD, AND I THINK IT'S OUR FUNCTION TO DEVELOP POLICIES TO DEAL WITH THIS THING, BUT IN SOME INSTANCES, SIR, YOU HAVE TO DEAL WITH THEM ON A ONE-ON-ONE BASIS; THERE'S NO CLEAR-CUT POLICY, BECAUSE WHEN YOU DEAL WITH PEOPLE AND INDIVIDUALS, YOU HAVE TO DEAL WITH THE INDIVIDUAL SITUATION AT THAT PARTICULAR TIME, AND I THINK THAT THE BOARD SHOULD BE IN SUPPORT OF THE ADMINISTRATION, BUT I THINK THEY OUGHT TO BE SENSITIVE TO THE PROBLEM AND WHAT IT IS. EVERYTHING IS NOT CUT AND DRY, BUT THINGS WHERE YOU HAVE STUDENTS THAT ARE DISRUPTIVE IN CLASS AND THINGS LIKE THIS, I THINK THEY HAVE TO UNDERSTAND THAT SOMEBODY IS IN CHARGE AND THEY'RE RESPONSIBLE TO THAT PERSON WHO IS IN CHARGE OF THEM, BUT PEOPLE HAVE TO BE LISTENED TO, THERE HAVE TO BE COGS SET UP WHERE IF A PERSON HAS A GRIPE OR PROBLEM THEY CAN GO THROUGH THAT COG AND HAVE IT AIRED.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? THANK YOU, SIR. THIS COMPLETES OUR SCREENING OF THE COASTAL CANDIDATES. MR. BARFIELD HAS WITHDRAWN, AND IF THERE ARE NO OBJECTIONS, THE COMMITTEE WILL RECEDE FOR FIVE MINUTES BEFORE COMMENCING ON STATE UNIVERSITY CANDIDATES.
(RECESS FROM 10:45 A.M. TO 11 A.M.)

CHAIRMAN STODDARD: OUR FIRST CANDIDATE FROM THE SECOND CONGRESSIONAL DISTRICT BERNICE S. GILL, ALLENDALE. IS MS. GILL PRESENT? (NO RESPONSE.)
CHAIRMAN STODDARD: NEXT WE WILL GO TO SAM GLOVER OF COLUMBIA.

CHAIRMAN STODDARD: MR. GLOVER, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. GLOVER: YES, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. GLOVER: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PROHIBIT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MR. GLOVER: NO. NOT THAT I AM AWARE OF ANYWAY.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. GLOVER: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. GLOVER: I AM A MEMBER OF THE FOUNDATION BOARD OF THE UNIVERSITY WHICH I WILL RESIGN IF THIS HAPPENS.
CHAIRMAN STODDARD: I BELIEVE SENATOR GLOVER MAY HAVE A QUESTION FOR YOU.
SENATOR GLOVER: YES, AND REALLY FOR ALL OF THE CANDIDATES. REPRESENTATIVE INABINETT ADDRESSED PORTIONS OF THIS WITH THE LAST SCREENING GROUP. FOR CANDIDATES FOR THE UNIVERSITY BOARD, MY QUESTION IS: IN THIS TIME WHEN PUBLIC FUNDS ARE DECREASING, WHAT WILL YOU BE ABLE TO DO AS A TRUSTEE TO ENHANCE AND ENCOURAGE PRIVATE FUNDING FOR THE UNIVERSITY?
MR. GLOVER: WELL, I THINK MOST OF YOU ARE PROBABLY AWARE THAT I AM A BUSINESSMAN. I OWN SOME MCDONALD FRANCHISES HERE IN COLUMBIA, AND I CERTAINLY HAVE SOME CONNECTIONS WITH THE CORPORATE WORLD AND CERTAINLY WOULD BE WILLING TO DO WHATEVER I CAN IN MY POWER TO MAKE CONTACTS, PERSUADE PEOPLE TO BE UNDERSTANDING AS FAR AS SOUTH CAROLINA STATE UNIVERSITY IS CONCERNED, BEING A MINORITY UNIVERSITY. LOT OF TIMES I THINK WE DON'T GO AFTER CERTAIN AMOUNTS OF MONEY THAT ARE OUT THERE THAT WE CAN GET. WE ARE NOT APPROACHING THE CORPORATE WORLD IN THE RIGHT FASHION. I OFTENTIMES SEE THAT BECAUSE WE HAVE PEOPLE WHO COME TO OUR CORPORATION MEETINGS THAT WE HAVE HERE IN COLUMBIA SOMETIMES, AND TO BE PERFECTLY HONEST THEY ARE NOT PREPARED TO ANSWER ALL OF THE QUESTIONS WE WOULD LIKE TO HAVE ANSWERED AS TO EXACTLY WHAT IS GOING TO HAPPEN WITH THE MONEY. WHEN SOMEBODY IS GIVING MONEY TO AN ORGANIZATION THEY CERTAINLY WANT TO HAVE THAT MONEY DIRECTED FOR A SPECIFIC PURPOSE IN MIND. IN ADDITION TO THAT, AND IT MAY NOT BE TOTALLY RELATED, BUT I THINK WE HAVE TO LOOK AT ALL PROGRAMS AT THE UNIVERSITY AND SEE IF THEY ARE ALL VIABLE PROGRAMS AND PROGRAMS WE SHOULD HAVE. MAYBE WE NEED TO FOCUS IN PARTICULAR AREAS, AREAS THAT INDUSTRY ARE LOOKING FOR AS AN EXAMPLE, OR PUBLIC EDUCATION THAT MAYBE WE CAN FOCUS STUDENTS IN THOSE PARTICULAR AREAS AND POSSIBLY DO AWAY WITH SOME PROGRAMS AND HAVE MORE MONEY TO USE IN OTHER AREAS THAT ARE POSSIBILITIES, BUT I THINK THERE IS A LOT OF MONEY IN THE CORPORATE WORLD THAT IS AVAILABLE FOR PUBLIC INSTITUTIONS, PARTICULARLY MINORITY INSTITUTIONS.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE INABINETT: YES, I HAVE A QUESTION FOR YOU AND THE OTHER CANDIDATES: HOW DO YOU VIEW THE ROLE OF TRUSTEES AS IT RELATES TO STUDENTS' NEGATIVE BEHAVIOR ON CAMPUS?
MR. GLOVER: WELL, CERTAINLY I THINK THE TRUSTEES ARE THERE TO SET POLICY, NOT TO ENFORCE THE RULES AND REGULATIONS THAT THEY SET THEMSELVES, BUT YOU HAVE TO HAVE THESE POLICIES AND THEY MUST BE ENFORCED BY THE ADMINISTRATION THAT IS THERE. YOU HAVE TO HAVE COUNSELING SESSIONS OR WHATEVER IS NECESSARY TO MAKE THESE STUDENTS UNDERSTAND THAT THEY ARE THERE FOR A PURPOSE AND THAT IS TO GET AN EDUCATION, AND IF THAT'S NOT TAKING PLACE THEY NEED TO BE EXPELLED FROM SCHOOL OR NOT ALLOWED TO ATTEND OR WHATEVER THE CASE MAY BE, BUT I THINK IT GOES ALL THE WAY BACK TO ADMISSIONS. THE ADMISSION STANDARDS HAVE TO BE SUCH THAT YOU LOOK AT THE TOTAL STUDENT BEFORE YOU ACCEPT THEM INTO THE UNIVERSITY AND THAT SHOULD COME ALONG WITH THE GUIDANCE AND RECOMMENDATIONS FROM THE SCHOOL, THE HIGH SCHOOL IN WHICH THEY ATTEND. VERY IMPORTANT. IF THE KID WAS NOT BAD IN HIGH SCHOOL THEN IN MY OPINION HE SHOULDN'T BE A BAD STUDENT IN COLLEGE UNLESS THE ENVIRONMENT HAS ALLOWED THAT TO HAPPEN, AND IF HE IS BAD IN HIGH SCHOOL THEN NINE TIMES OUT OF TEN, HE IS GOING TO BRING THAT SAME KIND OF ATTITUDE TO THE UNIVERSITY. YOU MAY HAVE TO DEAL WITH IT AND SHOULD HAVE POLICIES AND RULES AND REGULATIONS IN PLACE TO MAKE CERTAIN THAT THAT HAPPENS.
REPRESENTATIVE CLYBORNE: I WOULD BE INTERESTED IN ALL THE CANDIDATES ANSWERING THIS QUESTION TOO: WHAT WOULD YOU AS A TRUSTEE DO TO ENCOURAGE STUDENTS TO COMPLETE COLLEGE IN A FOUR-YEAR PERIOD, THAT THE OBVIOUS IMPLICATION BEING THAT THERE APPEARS TO BE A PRETTY SUBSTANTIAL INCREASE IN THOSE STUDENTS WHO ARE TAKING LONGER TO GRADUATE; THEREFORE, THAT IS OBVIOUSLY AN ADDED COST TO THE TAXPAYERS WHEN THOSE SORT OF SITUATIONS TAKE PLACE, AND I WOULD BE INTERESTED IN YOUR THOUGHTS.A. I CERTAINLY THINK YOU HAVE TO LOOK AT ADMISSION STANDARDS TO DETERMINE WHAT ARE THE STANDARDS THAT YOU HAVE, WHAT ARE THE SCHOOL'S GOALS AND OBJECTIVES, ARE THEY GOING OUT ACTUALLY RECRUITING STUDENTS IN MIND, ARE THE AVERAGE STUDENTS GOING TO TAKE FOUR AND A HALF YEARS TO COMPLETE. IF THAT IS THE CASE, THEY SHOULD GO BACK AND REASSESS THEIR ADMISSION STANDARDS SAYING THIS SHOULD BE FOCUSED ON A FOUR-YEAR BASIS. OFTENTIMES I USE THE ANALOGY THAT -- I TAUGHT R.O.T.C. AT SOUTH CAROLINA STATE COLLEGE FOR FOUR YEARS, AND I WAS THE ADMISSIONS AND ENROLLMENT OFFICER, AND I NEVER FORGET THIS ONE PARTICULAR STUDENT WHO WAS AN ENGINEERING MAJOR, AND HIS GOAL WAS TO GET OUT IN FOUR YEARS. WELL, AT THE END OF FOUR YEARS HE WAS STRUGGLING TO HAVE A "C" AVERAGE, SO I GUESS I AM TOSSED BETWEEN HERE AS TO WHETHER A STUDENT SHOULD GET OUT IN FOUR YEARS OR RATHER HE SHOULD HANG AROUND ANOTHER SEMESTER OR EXTRA SEMESTER AND HAVE A GOOD GRADE POINT AVERAGE, BECAUSE IF YOU HAVE AN ENGINEERING DEGREE AND A "C" AVERAGE IN SCHOOL, WHO IS GOING TO HIRE YOU. SO A LOT OF TIMES I THINK YOU HAVE TO LOOK AT THE INDIVIDUAL STUDENT TO DETERMINE WHETHER HE NEEDS TO GO BEYOND THAT POINT. BUT CERTAINLY I AGREE WITH WHAT YOU ARE SAYING WITH THE FINANCIAL SITUATION AS IT IS, PARTICULARLY COMING FROM THE STATE AND THE CORPORATE WORLD WE NEED TO GET THOSE STUDENTS IN AND OUT WITHIN A FOUR-YEAR TIME PERIOD, AND YOU MAY HAVE TO LOOK AT THE PROGRAM OF STUDIES TO SEE WHETHER THERE ARE ANY SUBJECTS THAT NEED TO BE ELIMINATED POSSIBLY.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN? THANK YOU, MR. GLOVER.
MR. GLOVER: YES, SIR.
CHAIRMAN STODDARD: OUR NEXT CANDIDATE IS TONY GRANT OF COLUMBIA, I UNDERSTAND, IS STRANDED IN FLORIDA.
FROM THERE, WE GO TO CAROLYN MCIVER SMITH OF COLUMBIA.

CHAIRMAN STODDARD: DR. SMITH.
DR. SMITH: YES, SIR.
CHAIRMAN STODDARD: DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
DR. SMITH: YES, I DO.
CHAIRMAN STODDARD: DR. SMITH, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
DR. SMITH: YES, I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN YOUR FULL CAPACITY?
DR. SMITH: NO, I DO NOT.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
DR. SMITH: NO.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
DR. SMITH: NO, SIR, I DO NOT.
CHAIRMAN STODDARD: SENATOR GLOVER, DO YOU HAVE A QUESTION?
SENATOR GLOVER: DR. MCIVER SMITH, AS A TRUSTEE WHAT DO YOU THINK SHOULD BE THE ROLE OF A BOARD TO IMPROVE OR ENHANCE CORPORATE LEVEL FUNDING?
DR. SMITH: FIRST OF ALL, SINCE THE BOARD IS TO SET POLICY, I THINK THE BOARD SHOULD LOOK AT OVERALL OPPORTUNITIES FOR FUNDING, NOT ONLY FROM STATE APPROPRIATIONS BUT PHILANTHROPISTS AS WELL. IN THOSE AREAS THAT GRANTS MAY BE SECURED, THAT THE BOARD MEMBERS SHOULD ENCOURAGE STAFF TO FOLLOW THROUGH IN WRITING GRANTS, AND APPEAL TO BUSINESS AND INDUSTRY TO ASSIST THE SCHOOL, HOWEVER, EMPHASIS IS BEING PLACED ON FEMALES, SPECIAL EMPHASIS, AND THAT SPECIAL EFFORTS COULD BE MADE ON THEIR BEHALF, ESPECIALLY SINCE MANY FEMALES ARE THE MAJOR SOURCE OF FAMILY INCOME, THAT FUNDS BE DIRECTED TO THEM FOR SPECIAL ASSISTANCE.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE CLYBORNE: THE SAME QUESTION ABOUT THE FOUR-YEAR GRADUATION.
DR. SMITH: I FEEL THAT STUDENTS SHOULD BE ENCOURAGED TO GRADUATE IN FOUR YEARS, HOWEVER, I DO THINK PLANNING SHOULD TAKE PLACE AS WELL. IT WOULD BE DIFFICULT FOR THE STUDENT IF THEY REACHED THEIR SENIOR LEVEL AND THE NECESSARY OR REQUIRED COURSE THAT IS NEEDED IS NOT OFFERED, SO IT WILL TAKE OVERALL PLANNING FROM THE STUDENTS' PERSPECTIVE AS WELL AS THE INSTITUTION. WHEN THE STUDENT COMES TO THE INSTITUTION AS A FRESHMAN, THE COUNSELORS AND THE ADVISORS CAN ASSIST IN THAT MANNER AND IN MAPPING OUT THE VARIOUS COURSES AND THE VARIOUS TIME LINES AND WHICH WOULD ENABLE THEM TO GRADUATE IN FOUR YEARS; BUT, ON THE OTHER HAND, THERE ARE SOME STUDENTS THAT MAY NOT HAVE THE CAPABILITY TO TAKE SUCH A STRENUOUS LOAD AND THEY POSSIBLY WOULD NEED MORE TIME.
REPRESENTATIVE INABINETT: DR. SMITH, THE SAME QUESTION: HOW DO YOU VIEW THE ROLE OF TRUSTEES AS IT RELATES TO NEGATIVE STUDENT BEHAVIOR?
DR. SMITH: THE ROLE OF A TRUSTEE IS TO DEVELOP POLICY AND ESTABLISH POLICY, AND THE ROLE OF THE UNIVERSITY OFFICIAL IS TO SEE THAT THE POLICIES ARE IMPLEMENTED. IN CASE OF ABNORMAL OR ERRONEOUS BEHAVIOR, I FEEL THAT THE INSTITUTION, BEGINNING WITH THE CLASSROOM TEACHERS, SHOULD BECOME INVOLVED. ONE CAN REGULATE BEHAVIOR, BUT YOU CAN'T REGULATE POLICY. IF YOU HAVE A POLICY IT MAY NOT NECESSARILY BE FOLLOWED THROUGH, BUT WHEN STUDENTS ARE HAVING ERRONEOUS BEHAVIOR YOU MUST COUNSEL AT THE HIGHEST, SEEK SOLUTIONS AND TRY TO OFFER ALTERNATIVES.
CHAIRMAN STODDARD: DR. SMITH, HAVE YOU EVER SERVED ON ANOTHER BOARD OR COMMITTEE?
DR. SMITH: NO, NONE OTHER THAN STATE COLLEGE.
CHAIRMAN STODDARD: THAT WAS IT. BUT YOU ARE NOT PRESENTLY ON IT, ARE YOU?
DR. SMITH: NO, SIR, I AM NOT.
CHAIRMAN STODDARD: THANK YOU, DOCTOR. OUR NEXT CANDIDATE IS FROM THE FOURTH CONGRESSIONAL DISTRICT, SEAT FOUR, KATHY EDWARDS BELL OF SPARTANBURG. SHE IS NOT PRESENT? (NO RESPONSE.)
CHAIRMAN STODDARD: WE GO NEXT, THEN, TO DR. JAMES LUTHER BULLARD OF TAYLORS.

CHAIRMAN STODDARD: DR. BULLARD, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
DR. BULLARD: YES, I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
DR. BULLARD: I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS WHICH THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
DR. BULLARD: NONE THAT I AM COGNIZANT OF.
CHAIRMAN STODDARD: DO YOU HAVE INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
DR. BULLARD: NO.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITIONS OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
DR. BULLARD: I DO NOT.
SENATOR GLOVER: YOUR ROLE AS A TRUSTEE IN FUNDING.
DR. BULLARD: I CERTAINLY RECOGNIZE THAT IN THIS TIME OF DIFFICULT FINANCES, NOT JUST IN THE STATE OF SOUTH CAROLINA BUT INTERNATIONALLY THAT IT IS A PROBLEM. THE ROLE OF THE TRUSTEE, I THINK, IS PARAMOUNT IN ASCERTAINING FUNDS THAT ARE NEEDED FOR THE RUNNING OF THE UNIVERSITY. AS BUSINESS OWNER, I FEEL THAT I POSSESS THE NECESSARY SKILLS AND EXPERTISE TO INTERFACE WITH THE CORPORATE WORLD TO HELP SOLICIT FUNDS THAT FOUNDATIONS AND OTHERS WHO ARE INTERESTED IN THE WELFARE OF SOUTH CAROLINA STATE, PRIVATE ENTREPRENEURS, AND THE LIKE, COULD POOL THE RESOURCES THAT WE MIGHT BE ABLE TO HELP WITH STATE FUNDING AND OTHER FUNDING THAT ARE AVAILABLE TO MEET THE NEEDS OF THE STUDENTS AS BEST AS POSSIBLE. HOWEVER, WE ALSO HAVE TO LOOK AT THE PROGRAMS THAT ARE BEING OFFERED, AND IF THEY ARE REALLY SERVING THE NEEDS OF STUDENTS OR WHETHER THEY NEED TO BE CHANGED; NOT CHANGED FOR THE SAKE OF CHANGE SO THAT BETTER EXPENDITURE OF RESOURCES THAT ARE AVAILABLE MAY BE UTILIZED FOR THE BEST INTEREST OF THE STUDENTS, SOUTH CAROLINA STATE UNIVERSITY FAMILY AND THE CITIZENRY OF THE STATE OF SOUTH CAROLINA AND TAXPAYERS.
REPRESENTATIVE INABINETT: SAME QUESTION WITH REFERENCE TO THE TRUSTEE'S ROLE IN DISCIPLINE SITUATIONS?
DR. BULLARD: FIRST OF ALL, TRUSTEES' ROLE IS PRIMARILY THAT OF POLICYMAKING, WORKING IN RELATIONSHIP WITH THE ADMINISTRATIVE STAFF AND THE PRESIDENT BEING VERY IMPORTANT IN THAT PROCESS. WITH STUDENT BEHAVIOR AS A TRUSTEE I WOULD BE CONCERNED ABOUT MAKING SURE THAT POLICY IS MADE SO THAT THE PRESIDENT AND THE VICE PRESIDENT OF STUDENT AFFAIRS WOULD HAVE DIRECTED BECAUSE IT WOULD BE THEIR RESPONSIBILITY FOR THE DAY-TO-DAY CARRYING OUT OF POLICIES THAT ARE MADE BY THE BOARD AT LARGE, SO I WOULD WORK VERY DILIGENTLY TO SEE THAT POLICY WAS THERE FOR THOSE INDIVIDUALS WHO ARE IN CATEGORY ONE DECISION MAKING, BE ABLE TO HAVE THEM TO BE ABLE TO DO A JOB THAT WOULD BE AFFECTED.
REPRESENTATIVE CLYBORNE: I WOULD ASK YOUR COMMENTS ON THE FOUR-YEAR GRADUATION QUESTION.
DR. BULLARD: THE SITUATION RELATIVE TO ATTRITION AND ENROLLMENT AND MAKING SURE THAT STUDENTS ARE MAINTAINED AND GRADUATE ON TIME, I THINK THAT IS VERY IMPORTANT. FIRST OF ALL, AND FOREMOST, WE HAVE TO CONSIDER ADMISSIONS AND LOOK AT THE CURRENT ADMISSION STANDARDS, AND WE WOULD HAVE TO LOOK AT THAT DATA, AND IF WE LOOK AT THAT DATA WE SHOULD BE ABLE TO MAKE SOME DECISIONS, SOME COMMON SENSE DECISIONS. AND IN MAKING THOSE DECISIONS, WE SHOULD BE ABLE TO LOOK AT PROGRAM DEVELOPMENT, CURRICULUM AND PROGRAM DEVELOPMENT, BECAUSE THESE ARE TWO THINGS THAT ARE KEEPING STUDENTS IF THEY ARE NOT GRADUATING FROM GRADUATING. I WOULD HAVE QUESTIONS, AND I WOULD ASK THESE QUESTIONS AS WE FORMULATE POLICY TOGETHER: IS THE PROGRAM REALISTIC FOR THE TIME EXPECTATIONS? IS THE PROGRAM MEETING THE NEEDS OF THE STUDENTS? WHAT IS IT THAT THE SOCIETY AT LARGE NEEDS AS FAR AS GRADUATES? WHAT ARE THEY DEMANDING? WHAT CHANGES NEED TO BE MADE, IF ANY? IF STUDENTS ARE NOT GRADUATING IN FOUR YEARS THEN THERE ARE DEFINITELY SOME PROBLEMS IF THAT IS THE INTENT, SO WHAT NEEDS TO BE DONE IS TO LOOK AT AND IDENTIFY WHAT THE PROBLEMATIC AREA IS, AND BE ABLE TO, IF YOU WILL, ITEMIZE AND CREATE AN AGENDA OF WHICH WOULD INVOLVE MANY OF THE INDIVIDUALS WHO ARE EXPERTS IN THE AREA OF EDUCATION TO HELP US SO THAT WE WOULD HAVE THE POLICY IN HAND TO MAKE SURE AND THEY WOULD HAVE SOME MEANS OF FOLLOW-UP TO MAKE SURE THAT WE ARE ABOUT DOING WHAT THE MISSION, THE ROLE, AND THE SCOPE OF THE UNIVERSITY IS TO BE.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? THANK YOU, DOCTOR. OUR NEXT CANDIDATE IS VANESSA STUCKEY OF GREENVILLE.

CHAIRMAN STODDARD: MS. STUCKEY, DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MS. STUCKEY: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. STUCKEY: I CAN.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MS. STUCKEY: NONE THAT I AM AWARE OF.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. STUCKEY: NO, SIR. I DO NOT.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. STUCKEY: NO, SIR, I DO NOT.
SENATOR GLOVER: SAME QUESTION, MA'AM.
MS. STUCKEY: CONSIDERING FUNDING FOR TODAY'S INSTITUTIONS, AND PARTICULARLY MINORITY INSTITUTIONS, I THINK AS HAS BEEN THE COURSE ALL ALONG WE HAVE HAD TO LOOK AT CREATIVE PROBLEM SOLVING. I THINK THERE NEEDS TO BE MORE OF DEFINITE POSITION SET FOR GRANT WRITING. THAT SEEMS TO BE THE WAY A LOT OF FUNDS ARE BROUGHT INTO INSTITUTIONS, BE IT PUBLIC OR PRIVATE. THAT GRANT WRITER WILL TAKE THE FACULTY, THE SCHOOL STAFF, AND PUT THEM IN THE DIRECTION TO WRITING MORE GRANTS TO CORPORATE STRUCTURE TO BRING MORE FUNDS INTO THE SCHOOL. SECONDLY, I THINK THE SCHOOLS NEED TO LOOK INTO ENDOWMENT FUNDS MAKING SURE THAT WE HAVE AN ENDOWMENT FUND THAT WILL TAKE US THROUGH TIMES WHEN THEY ARE RATHER LEAN. IN ADDITION TO THAT, I AM A GRADUATE OF SOUTH CAROLINA STATE UNIVERSITY, AND I HAVE NOTICED SOME OF THE THINGS I HAVE GOTTEN IN THE MAIL FOR THE LAST FEW YEARS. IT'S VERY EVIDENT WE ARE COURTING THE CORPORATE STRUCTURE, AND THAT IS VERY POSITIVE, AND THERE ARE ALL KINDS OF GIMMICKS. I WON'T SAY GIMMICKS, BUT THERE ARE THINGS THAT WILL GENERATE FUNDS FOR SOUTH CAROLINA STATE COLLEGE UTILIZING THINGS WE ARE ALREADY DOING; FOR INSTANCE, THE CREDIT CARD. SOME OF US ARE ALREADY USING THOSE, BUT NOW WE GET A CHANCE TO HELP OUR SCHOOL AS WELL AS OURSELVES. AND ALUMNI SUPPORT IS EXTREMELY IMPORTANT. MOST OF US WHO ARE HERE, IT'S VERY EVIDENT WE ARE HERE BECAUSE WE ARE HERE FOR THOSE WHO HAVE GIVEN AS MUCH AS REQUIRED, AND IT IS TIME FOR US TO GIVE BACK, AND IT WILL MEAN DIGGING DEEP, BUT THERE IS A TIME THAT SOMEONE DUG DEEPLY FOR US.
REPRESENTATIVE INABINETT: I HAVE THE SAME QUESTION WITH REFERENCE TO THE TRUSTEE'S ROLE AS IT RELATES TO STUDENT NEGATIVE BEHAVIOR?
MS. STUCKEY: I AM A HIGH SCHOOL ADMINISTRATOR, AND I HAVE NOTICED THESE ARE DESPERATE TIMES, PERIOD, AND PEOPLE DO DESPERATE THINGS, AND I SEE THAT ON THE HIGH SCHOOL LEVEL, AND I LOOK AT SOME OF THE STUDENTS AND I WONDER IF THEY DOING THIS NOW, HEAVEN KNOWS WHAT THEY'LL DO WHEN THEY GET IN COLLEGE. WE NEED A BOARD THAT WILL SET POLICY, THAT WILL HOLD STUDENTS ACCOUNTABLE FOR THEIR ACTIONS, AND THAT ADMINISTRATION SHOULD BE VERY STRONG AND ENFORCE THOSE POLICIES TO THE HIGHEST DEGREE, AND AS LONG AS STUDENTS KNOW THEY ARE ACCOUNTABLE, THEY ARE AWARE OF WHAT GOES ON AND WHEN, I THINK THAT WILL TAKE CARE OF QUITE A FEW OF THE PROBLEMS WE HAVE WITH STUDENTS IN COLLEGE AND NEGATIVE SITUATIONS.
REPRESENTATIVE CLYBORNE: SAME QUESTION ON THE FOUR-YEAR GRADUATION.
MS. STUCKEY: TO THE FOUR-YEAR QUESTION, I HAVE TO USE MY PERSONAL EXPERIENCE. I HAD GRANDIOSE IDEAS AS A FRESHMAN. I WANTED TO MAJOR IN EVERYTHING, AND SO I HAD IN THE BACK OF MY MIND IT WAS A FOUR-YEAR STEP, AND IT WAS A MATTER OF ECONOMICS THAT WAS NOT GOING TO CHANGE. SO TOWARD MY JUNIOR YEAR, I HAD TO RESHAPE MY THINKING AND ACT ACCORDINGLY, AND I HAD TO DO DOUBLE DUTY. MOST SENIORS WERE READY TO GET ON OUT THEIR SENIOR YEAR. UNFORTUNATELY, I WAS STILL BACK DOING WHAT IT TOOK TO GRADUATE, AND I HAD A VERY HEAVY LOAD, BUT THEN, AGAIN, I KNEW THAT THAT WAS REQUIRED AND I WAS ABLE TO RISE TO THAT OCCASION. WITH STUDENTS WHO ARE ENTERING SOUTH CAROLINA STATE OR ANY UNIVERSITY, I THINK THERE NEEDS TO BE HIGH STANDARDS, NOT SO HIGH THAT THEY ARE INSURMOUNTABLE, BUT STUDENTS NEED TO HAVE HIGH EXPECTATIONS. AS A FRESHMAN IN 1977, I HAD AN IDEA OF WHAT I WANTED TO DO BUT I WASN'T SURE. AND THE MOMENT I STEPPED IN FRESHMAN ORIENTATION AND STARTED CALLING MAJORS, I TOTALLY FROZE UP. KNEW NOTHING TO DO. LUCKILY THERE WAS SOMEONE AT SOUTH CAROLINA STATE, A DEPARTMENT, THAT TOOK CARE OF THOSE OF US WHO WERE NOT SURE, AND WE WENT IN, THEY NURTURED US THROUGH THE FIRST YEAR AND THEN I WAS ABLE -- THEY HELPED ME TO FOCUS ON WHAT I WANTED AND MY INSTRUCTORS WERE VERY INVOLVED WITH WHAT I WAS DOING. I WAS VANESSA STUCKEY, AND THEY KNEW EXACTLY WHO I WAS AND WHAT I COULD DO, AND IF THERE WAS A TIME I SLIPPED, THEY WOULD LET ME KNOW IMMEDIATELY, AND IT WAS NOT A GOOD THING, I DIDN'T THINK AT THE TIME, TO GET A CALL FROM ONE OF YOUR INSTRUCTORS "PLEASE SEE ME AT THREE O'CLOCK," BUT NOW THAT I AM OUT OF SCHOOL AND I HAVE HINDSIGHT I SEE THAT WAS A VERY POSITIVE MOVE. BUT SOUTH CAROLINA STATE STILL PROVIDES THAT NURTURING ATMOSPHERE AND AS A BOARD MEMBER I WOULD TRY TO INSURE THAT IT STILL MAINTAINS A VERY CLOSE KNIT FACULTY THAT PROVIDES THAT POSITIVE ENVIRONMENT AS WELL AS VERY STRICT -- NOT STRICT -- THAT IS NOT THE WORD I AM LOOKING FOR -- VERY POWERFUL COUNSELING CENTER BE IT CAREER COUNSELING OR COUNSELING TO KEEP THE STUDENT FOCUSED ON WHAT HE OR SHE IS ABOUT TO DO.
CHAIRMAN STODDARD: THANK YOU MA'AM. NOW WE GO TO THE FIFTH CONGRESSIONAL DISTRICT. LILLIAN GILL OF ROCK HILL HAS WITHDRAWN. OUR NEXT CANDIDATE IS DORIS GATHINGS JOHNSON OF ROCK HILL.

CHAIRMAN STODDARD: MS. JOHNSON, DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MS. JOHNSON: I DO. SIR I HOPE YOU WILL BE ABLE TO UNDERSTAND ME. I HAVE LARYNGITIS.
CHAIRMAN STODDARD: YES, MA'AM. WE WILL TRY TO BEAR WITH YOU. I WILL EXCUSE YOU FROM SHOUTING. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. JOHNSON: I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MS. JOHNSON: I DO NOT.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. JOHNSON: I DO NOT.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITIONS OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. JOHNSON: I DO NOT.
SENATOR GLOVER: SAME QUESTION: AS A TRUSTEE, YOUR ROLE OR THE BOARD'S ROLE IN FUNDING.
MS. JOHNSON: I HAVE MIXED EMOTIONS ABOUT CORPORATE FUNDING. I THINK THAT PUBLIC INSTITUTIONS SHOULD GO OUT AND SEEK CORPORATE FUNDING, BUT IT SHOULD BE DONE THROUGH PEOPLE WHO ARE PREPARED TO DO THAT. I AM NOT SURE THAT EVERY BOARD MEMBER COULD GO OUT AND SEEK CORPORATE FUNDING. I THINK THAT EVERY BOARD MEMBER SHOULD BE IN ACCORD WITH IT BEING DONE. I AM MORE IN ACCORD WITH ALUMNI AFFAIRS SENDING OUT STUDENTS WHO ARE PREPARED TO GIVE BACK TO THE INSTITUTION.
REPRESENTATIVE INABINETT: I HAVE THE SAME QUESTION FOR YOU, MA'AM IN REFERENCE TO THE TRUSTEE'S ROLE AS IT RELATES TO STUDENTS' NEGATIVE BEHAVIOR.
MS. JOHNSON: IT'S BEEN STATED HERE, AND I CERTAINLY AGREE THAT THE TRUSTEE IS TO SET POLICY. THEY ARE ALSO TO HAVE PEOPLE IN PLACE WHO CAN CARRY OUT THE POLICY. I DO NOT FEEL IT'S THE TRUSTEES' DUTY TO IMPLEMENT THE POLICY BUT ONLY TO MAKE IT. WE HAVE TO BE SURE THAT WE GET STRONG PEOPLE IN THESE POSITIONS THAT CAN CARRY OUT THE POLICY ONCE IT'S BEEN IMPLEMENTED.
REPRESENTATIVE CLYBORNE: MS. JOHNSON, THERE ARE A LOT OF PEOPLE WHO WISH WE HAD LARYNGITIS. BUT I WOULD ASK YOU THE SAME QUESTION ABOUT THE FOUR-YEAR GRADUATION.
MS. JOHNSON: I THINK THAT STUDENTS VERY OFTEN HAVE TO PROGRESS AT THEIR OWN RATE OF ABILITY. HOWEVER, I WOULD LIKE TO SEE IN THE STATE OF SOUTH CAROLINA A WORKING TOGETHER WITH HIGH SCHOOL GUIDANCE COUNSELORS AND ADMISSION OFFICERS FROM THE VARIOUS SCHOOLS. I FEEL THAT WE HAVE NOT SET THE POLICY SO THAT IT'S GETTING OUT TO THE STUDENTS WHAT COLLEGE IS ALL ABOUT. I THINK THAT WE HAVE TO SEND STUDENTS TO COLLEGE WHO ARE READY TO BE ABLE TO GRADUATE OR AT LEAST WITH A MINDSET THAT THEY CAN GRADUATE AFTER FOUR YEARS. SO I WOULD LIKE TO SEE INTERRELATIONSHIP BETWEEN HIGH SCHOOL COUNSELORS AND THE ADMISSION OFFICES.
CHAIRMAN STODDARD: PATRICIA M. HENEGAN OF BENNETTSVILLE IS THE NEXT CANDIDATE.

CHAIRMAN STODDARD: MS. HENEGAN, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MS. HENEGAN: YES, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. HENEGAN: YES, SIR, I WILL.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD CAUSE---
MS. HENEGAN: NONE THAT I KNOW OF.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. HENEGAN: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITIONS OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. HENEGAN: NO, SIR.
SENATOR GLOVER: MS. HENEGAN, SAME QUESTION: THE BOARD'S ROLE IN FUNDING.
MS. HENEGAN: I THOUGHT ABOUT THIS QUESTION LONG AND HARD FROM THE OTHER CANDIDATES, AND THERE ARE SOME THINGS I WOULD DO. PERSONALLY I DON'T THINK THAT YOU SHOULD USE YOUR TOTAL BOARD TO SEEK FUNDING. I THINK YOU SHOULD LOOK AT THE EXPERTISE OF PEOPLE THAT ARE ON YOUR BOARD, AND IN MAKING THAT DECISION, THEN FORMULATE A TEAM APPROACH TO HANDLE THIS. ALSO I WOULD ENCOURAGE BOARDS TO DEVELOP A TEAM FOR THE PURPOSE OF PUTTING PACKETS TOGETHER FOR JUST THAT PURPOSE OF SOLICITING MONEY. IF YOU HAVE PEOPLE ON YOUR BOARD WHO ARE GRANT WRITERS THEN YOU SHOULD USE THAT EXPERTISE. I KNOW AT HOME THAT IS ONE OF MY RESPONSIBILITIES. I JUST RECENTLY RECEIVED $38,000 FROM THE BEARDEN FOUNDATION WHICH I CONSIDER AN HONOR AND MY SCHOOL DISTRICT DOES ALSO. I WOULD ALSO LOOK AT THE POINT OF SEEING WHAT COMMITTEES PEOPLE ARE ON. FOR EXAMPLE, LEADERSHIP SOUTH CAROLINA IS AN EXCELLENT WAY TO GET AN OPPORTUNITY TO MEET OTHER PARTNERS IN BUSINESS TO SEE WHAT THEY COULD OFFER YOUR SCHOOL DISTRICT OR YOUR COLLEGES, AND I THINK THAT IS EXTREMELY IMPORTANT. MAY I ADD ONE OTHER THAT I WOULD LIKE TOO: YOU CAN NEVER FORGET ALUMNI. I KNOW CONSTANTLY THREE OR FOUR TIMES A YEAR WE RECEIVE IN THE MAIL LITTLE ENVELOPES SAYING PLEASE CONTRIBUTE BACK TO YOUR SCHOOL. I SINCERELY THINK THAT IS AN EXCELLENT IDEA AND STILL SHOULD BE ENCOURAGED TO DO SO.
REPRESENTATIVE INABINETT: COULD I HAVE THE SAME QUESTION WITH REFERENCE TO STUDENTS' NEGATIVE BEHAVIOR?
MS. HENEGAN: I AM A PERSON WHO BELIEVES IN ASSERTIVE DISCIPLINE, AND WHEN I SEE ASSERTIVE DISCIPLINE I LOOK AT THE FORMULA THAT YOU ESTABLISH RULES BUT YOU ESTABLISH RULES USING THE STUDENTS AND USING YOUR STAFF AND ALSO USING YOUR ADMINISTRATION. I WOULD ALSO MAKE SURE THAT EVERY PERSON WAS VERY MUCH AWARE OF THE RULES; IN FACT, WE HAVE A CLOSE-KNIT GROUP AT SOUTH CAROLINA STATE. THAT IS SOMETHING THAT TEACHERS SHOULD DISCUSS AT THE BEGINNING OF THE SCHOOL YEAR, AND THEN I WOULD MAKE SURE THOSE POLICIES, OR WHATEVER WAS PROVIDED, WAS ENFORCED.
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR QUESTION, PLEASE.
MS. HENEGAN: I GRADUATED IN THREE YEARS, BECAUSE I DIDN'T HAVE A CHOICE. I HAD TO SEND MYSELF THROUGH SCHOOL. I HAVE TWO CHILDREN, ONE THAT FINISHED IN FOUR YEARS AND SHE IS NOW WORKING ON HER MASTER'S, AND I HAVE A SON WHO WILL PROBABLY FINISH IN FIVE YEARS HOPEFULLY. I THINK WE NEED TO LOOK AT OUR ADMISSIONS PROCESS. THAT IS EXTREMELY IMPORTANT TO CHILDREN. FOR ONE THING THAT I THINK WE NEED TO DO AT A LOCAL LEVEL, AND THAT IS START IN YOUR ELEMENTARY SCHOOLS, IT IS SO UNFAIR TO START A CAREER GOAL PROGRAM IN YOUR HIGH SCHOOL. CHILDREN IN ELEMENTARY AND MIDDLE SCHOOLS ARE READY TO SET GOALS. I KNEW BACK IN THE ELEMENTARY SCHOOL THAT I WANTED TO BE A TEACHER BECAUSE OF MY TEACHERS. IT'S NOT JUST A COUNSELOR'S RESPONSIBILITY, BUT IT'S ALSO THE TEACHER'S RESPONSIBILITY TO HELP STUDENTS TO SET THOSE GOALS. I THINK THE COLLEGES NEED TO COME IN AND WORK WITH NOT JUST YOUR HIGH SCHOOLS BUT A STRONG CAREER SETTING GOALS WITH ALL LEVELS OF YOUR SCHOOL: ELEMENTARY, MIDDLE, AS WELL AS HIGH SCHOOLS IS EXTREMELY IMPORTANT. ALSO I THINK IT'S IMPORTANT THAT WE HAVE A GOOD PLANNING PROCESS IN PLACE AT YOUR COLLEGES. IF WE DON'T, YOU WILL NEVER SUCCEED TO FINISH IN FOUR YEARS.
CHAIRMAN STODDARD: THANK YOU MA'AM. NEXT WE HAVE DOROTHY JEAN KILLIAN OF ROCK HILL. MS. KILLIAN IS NOT PRESENT. CHERYL S. MCFADDEN OF ROCK HILL HAS CALLED AND IS HAVING CAR TROUBLE. SHE HASN'T ARRIVED YET. NEXT IS J.E. PENDERGRASS OF ROCK HILL. I KNOW WE HAVE DR. J.W. SANDERS OF GAFFNEY.

CHAIRMAN STODDARD: DR. SANDERS, WILL YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
DR. SANDERS: I DO.
CHAIRMAN STODDARD: DR. SANDERS, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
DR. SANDERS: I WILL.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
DR. SANDERS: NONE THAT I KNOW OF, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
DR. SANDERS: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST, IF ELECTED TO THE BOARD, THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
DR. SANDERS: I HOLD AN OFFICE ON THE ELECTION COMMISSION OF THE CHEROKEE COUNTY.
CHAIRMAN STODDARD: BUT YOU WOULD FOREGO THAT IF YOU WERE ELECTED?
DR. SANDERS: I WOULD.
SENATOR GLOVER: DOCTOR SANDERS, SAME QUESTION SIR: THE BOARD'S ROLE OR TRUSTEES' ROLE IN FUNDING.
DR. SANDERS: I SAT AND LISTENED TO ALL THOSE WHO HAVE PRECEDED ME AND THEY HAVE VOICED MANY OF THE SAME IDEAS I HAVE IN REGARD TO THE TRUSTEES' ROLE. THAT ITS MAIN OBJECTIVE IS TO SET POLICY FOR THE SCHOOL. BUT IN THAT INSTANCE WE CERTAINLY SHOULD BE VERY MINDFUL OF THE NEED OF RESOURCES THAT ARE AVAILABLE TO THAT SCHOOL TO SEE TO IT THAT IT OFFERS THE VERY BEST THAT IT CAN TO THOSE STUDENTS WHO ATTEND, BECAUSE WE KNOW THAT THE MOST IMPORTANT PRODUCT OF ANY SCHOOL IS ITS STUDENTS, AND WHEN WE SEEK THOSE MEANS OF FUNDING WHEREBY TO ENHANCE THEIR LIVES WITH THE NEEDED EXPERIENCES THAT ARE THERE, THEN WE OUGHT TO DO ALL THAT IS WITHIN OUR POWER TO SEE TO IT THAT WE DO JUST THAT. AND I WOULD CERTAINLY BE WILLING TO STRIVE TO WORK TOWARD THAT GOAL, AND I CERTAINLY KNOW THAT IT IS EXTREMELY IMPORTANT AT THE CORPORATE LEVEL OR WHEREVER YOU DO RECEIVE MUCH LARGER AMOUNTS AND GRANTS AND THINGS OF THAT SORT. IT IS VERY IMPORTANT, BUT THERE IS ALSO THAT GRASS ROOT LEVEL THAT WE FEEL OUGHT TO BE RESOURCE THAT SHOULD BE TAPPED, AND BY SO DOING I FEEL THAT IT WILL SERVE A DUAL PURPOSE; IT MAKES OTHERS AWARE OF THE SCHOOL AND WHAT IT HAS TO OFFER WHEN YOU KEEP IT BEFORE THEM IN REGARDS TO THEIR NEEDS. I CONCUR WITH THE THOUGHT THAT THE ALUMNI OF THE SCHOOL CERTAINLY PLAYS ONE, IF NOT THE GREATEST, ROLE IN DOING JUST THAT, SEEING TO IT THAT IT'S DONE.
REPRESENTATIVE INABINETT: I HAVE THE SAME QUESTION FOR YOU, DR. SANDERS, WITH REFERENCE TO THE TRUSTEES' ROLE AS IT RELATES TO STUDENT NEGATIVE BEHAVIOR.
DR. SANDERS: I CERTAINLY FEEL THAT ONE OF THE THINGS WE SHOULD ALWAYS KEEP IN MIND IS THAT DISCIPLINE IS NECESSARY IN ANY PHASE OR FACET OF ONE'S LIFE, WHATEVER HIS ENDEAVORS MIGHT BE, AND CERTAINLY IN THE AREA OF SCHOOL AND ITS ACTIVITIES. IT IS A MUST IF THERE IS GOING TO BE SUCCESS, AND THE BEST OF THAT STUDENT'S LIFE IS ENHANCED, AND I THINK THAT WE SHOULD LOOK AT IT AND THEN TAKE IT VERY SERIOUSLY IN TIMES LIKE THESE WHEN THERE ARE SO MANY DIFFERENT PROBLEMS THAT CONFRONT OUR STUDENTS, BUT WE OUGHT TO ALSO MAKE SURE THAT WE HAVE POLICIES IN PLACE THAT CAN BE IMPLEMENTED BY THOSE WHO HAVE THE AUTHORITY TO IMPLEMENT THEM, AND WE SHOULD LET THAT BE WITHIN THE REALM OF THE ADMINISTRATIVE STAFF OF THAT SCHOOL TO SEE TO IT THAT THAT'S DONE. I THINK THAT THE TRUSTEES OUGHT TO ALWAYS STRIVE TO BE SUPPORTIVE OF THE DECISIONS THAT ARE MADE BY THE ADMINISTRATION IN REGARDS TO THAT. OF COURSE, LOOKING AT EVERY PART AND PHASE OF THE PARTICULAR INCIDENT THAT MIGHT ARISE IN THAT, I DO FEEL THAT THERE IS ALSO SOMETHING WE JUST CAN'T DO -- THERE'S AN OLD ADAGE THAT SAYS AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE, AND IF WE ARE VERY COGNIZANT OF THINGS THAT CAN BE DONE IN THESE SCHOOLS, WE OUGHT TO MAYBE TRY TO SEE TO IT THAT SOME PLANS OR POLICIES ARE MADE THAT CAN PREVENT THOSE PARTICULAR INCIDENTS FROM OCCURRING, AND WE SHOULD LEND OURSELVES TO THE BEST OF OUR ABILITIES TO TRY TO RESOLVE THEM.
SENATOR MACAULAY: DR. SANDERS, THE QUESTION HAS BEEN ASKED OF THE OTHER CANDIDATES AS TO THE FOUR-YEAR ACADEMIC PROGRAM. DO YOU HAVE ANY THOUGHTS ON THAT?
DR. SANDERS: WELL, I DO FEEL THAT THAT CERTAINLY IS SOMETHING THAT IS WORTH OUR CONSIDERATION AND WOULD BE TO THE TRUSTEE BOARD TO TRY TO MAKE SURE THAT AS SOON AS POSSIBLE THAT THAT STUDENT WOULD BE GRADUATING FROM SCHOOL. CERTAINLY THE FOUR-YEAR GOAL IS ONE THAT IS VERY MUCH ATTAINABLE AND IF THE NECESSARY GUIDANCE IS GIVEN, AND WE DO FEEL THAT IT OUGHT TO BE GIVEN EARLY ON, NOT WAITING UNTIL LATER. I HEARD SOMEONE REFER TO IT THAT IT SHOULD START MUCH EARLIER THAN JUST WHEN HE ENTERS THE SCHOOL, AND IF WE DO DEAL WITH THE PROBLEMS OR DEAL WITH THE NEEDED GUIDANCE IN DIRECTING THAT STUDENT BEGINNING EARLY ON AS TO WHAT HIS CAREER DESIRES MIGHT BE OR HIS AMBITIONS ARE, I THINK THAT THAT PROBLEM CAN BE RESOLVED TO A GREAT EXTENT; HOWEVER, WE ARE VERY COGNIZANT OF THE FACT THERE ARE ABILITIES AND CAPABILITIES THAT ARE DIFFERENT IN STUDENTS AND THOSE THINGS SHOULD BE TAKEN UNDER CONSIDERATION, BUT I DO FEEL WE OUGHT TO LEND OUR EFFORTS TO TRY TO SEE TO IT THAT FOUR YEARS IN COLLEGE FOR THE UNDERGRADUATE STUDENT IS CERTAINLY DESIRABLE IN EVERY PHASE AND FACET OF IT.
CHAIRMAN STODDARD: THANK YOU, SIR. OUR LAST CANDIDATE FOR SEAT FIVE IS GLORIA SCOTT OF NEWBERRY.

MS. SCOTT: GOOD MORNING.
CHAIRMAN STODDARD: DO YOU SWEAR THAT THE FOREGOING TESTIMONY WILL BE THE TRUTH, SO HELP YOU GOD?
MS. SCOTT: YES, SIR, I DO.
CHAIRMAN STODDARD: MS. SCOTT, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. SCOTT: I WILL.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MS. SCOTT: NOT THAT I KNOW OF.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. SCOTT: NO. NOT I KNOW OF.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. SCOTT: NO, SIR, I DON'T.
CHAIRMAN STODDARD: SENATOR GLOVER, I BELIEVE, HAS A QUESTION.
MS. SCOTT: AS I SAT THERE AND LISTENED TO THE VARIOUS ONES TELLING EXACTLY WHAT THEY WOULD DO WHEN THEY GET ON THE BOARD, I CAME IN THIS MORNING WITH ONE THING IN MIND: IF APPOINTED, WILL SERVE. AND AS LONG AS IT TAKES AND WHATEVER IT TAKES FOR ME TO DO, I WILL DO THAT AS A MEMBER. NOW AS TO STAND HERE AND SAY THAT WE WILL COURT ALL CORPORATIONS, WE WILL WORK WITH THE ALUMNI OF THE SCHOOL, WE WILL WRITE LETTERS TO THIS ONE AND THAT ONE, I WILL NOT SAY THAT, BECAUSE I FEEL WHEN YOU ARE ON A BOARD, A STRUCTURE LIKE THIS, YOU ARE DIVIDED INTO GROUPS, AND THOSE THINGS THAT YOU ARE BETTER AT, THOSE ARE THE THINGS YOU WILL WORK AT. THERE ARE SOME THINGS THAT I AM GOOD AT, AND THERE ARE SOME THINGS AM NOT SO GOOD AT, SO I WILL CHOOSE THAT AREA THAT I AM BEST AT. BUT WHATEVER THEY DO, I THINK IT SHOULD BE COURTED BY THE ENTIRE BOARD. WE SHOULD BE IN ACCORD WITH WHATEVER THEY DO TO RAISE FUNDS FOR THE SCHOOL. FIRST OF ALL, WE WILL SEE THAT SOUTH CAROLINA GIVES SOUTH CAROLINA STATE UNIVERSITY ITS AMOUNT OF MONEY THAT IT'S SUPPOSED TO GET AND A LITTLE BIT MORE, IF IT'S POSSIBLE.
REPRESENTATIVE INABINETT: I HAVE THE SAME QUESTION AS IT RELATES TO NEGATIVE BEHAVIOR.
MS. SCOTT: I TAUGHT SCHOOL FOR 36 YEARS AND IN THAT 36 YEARS I SEE THAT THE PART OF OUR SCHOOL THAT IS REALLY KILLING US IS FOURTH GRADE, ESPECIALLY WITH YOUNG MALES. I DON'T KNOW WHETHER WE NEED TO GET SOMEBODY DOWN THERE TO WORK WITH THEM AND GET THEM TO FEEL THAT THEY'RE SOMEBODY AND WANT TO BE SOMEBODY AND THEY HAVE SOMETHING TO LOOK FORWARD TO, BUT IT'S BEGINNING AROUND THE FOURTH GRADE THAT OUR LITTLE BOYS FEEL THERE IS NOTHING LEFT. THE BIGGEST THING I CAN DO, BECAUSE THEY TELL ME EVERY DAY, MS. SCOTT, WE MAKE MORE MONEY THAN YOU ANY DAY, WE MAKE FIFTEEN THOUSAND DOLLARS A DAY WHEN YOU'RE ONLY MAKING WHAT YOU ARE DOING FOR THE YEAR. SO WITH THIS IN MIND, WE NEED TO GET SOMEBODY DOWN THERE TO ENCOURAGE THEM AND LET THEM KNOW THERE IS A BETTER WORLD OUT THERE FOR THEM AND THAT THEY ARE A PART OF IT. I DON'T BELIEVE IN SETTING STANDARDS, NO, JUST TO ACCOMMODATE ME, BECAUSE WHEN I STARTED TEACHING SCHOOL, I GRADUATED IN 1956, AND AT THAT TIME THEY HAD JUST STARTED WITH THE, I GUESS THE TEACHER'S EXAMINATION, AND IN ORDER FOR YOU TO GET INTO SCHOOL THEY WOULD SAY THINGS LIKE SET YOUR STANDARDS LOWER. I DON'T BELIEVE THAT. I THINK THE STANDARDS SHOULD BE SET ALL OVER THE WORLD FOR EVERYBODY AND LET ME MEET YOUR STANDARDS, AND FOR THE STUDENTS THAT COME TO STATE OR ANY OTHER SCHOOL IN SOUTH CAROLINA LET THOSE STUDENTS MEET THE STANDARDS. IF IT'S TOO HIGH, THEN MAYBE THEY DON'T NEED TO TRY IT. WHAT I THINK OF THE FOUR-YEAR PROGRAM?
SENATOR GLOVER: YES.
MS. SCOTT: I HAVE THREE CHILDREN. BOTH MY HUSBAND AND I ARE IN EDUCATION. MY HUSBAND PASSED LAST YEAR. WE ENCOURAGED THIS FOUR YEARS. NO MORE, NO LESS, WE CAN'T AFFORD NO MORE, NO LESS; IF YOU WANT MORE, YOU CAN DO IT. MY DAUGHTER SAID, "GOOD, MAMA, THANK YOU." SO SHE SAID, I WILL DO MY FOUR YEARS, THEN AFTER I HAVE DONE MY FOUR YEARS IF I WANT TO DO ANY MORE, I WILL DO IT. I SAID WE WILL GIVE YOU THE FIRST FOUR YEARS. AND SO SHE DID HERS IN FOUR YEARS AND DECIDED SHE WOULD GO ON FOR HER PH.D. WHICH IS FINE. MY OLDEST BOY, OF COURSE HE WENT TO SCHOOL AND HE TOLD THEM I HAVE FOUR YEARS HERE. SEE, PEOPLE HAVE TO MAKE UP IN THEIR MIND WHAT IS GOOD FOR ME, NOT WHAT EVERYBODY ELSE IS DOING. YOU CAN JOIN ALL THE SORORITIES AND FRATERNITIES ON CAMPUS. THEY ARE ALL SORORITY AND FRATERNITY PEOPLE, TOO. AND YOU CAN GRADUATE SUMMA CUM LAUDE, OR WHATEVER IT IS, BUT IT HAS TO BE INSTILLED IN THE INDIVIDUAL, "I WANT TO DO THIS." BUT, YES, WE GAVE THEM FOUR YEARS. ANYTHING ABOVE FOUR YEARS, THEY HAD TO PAY FOR IT THEMSELVES, SO IN FOUR YEARS THEY GRADUATED. I ENCOURAGE FOUR YEARS, AND I SAY IF THE PROGRAM IS NOT GOING TO WORK FOR FOUR YEARS, THEN MAYBE THE SCHOOL HAS TO DO SOMETHING TO THE PROGRAM, THEY'RE EITHER PUTTING IN TOO MUCH OR PUTTING IN THINGS NOT NECESSARY, BUT I ENCOURAGE FOUR YEARS THE PARENTS GIVE THE CHILDREN, AND MAYBE THEY SHOULD BRING IN THE PARENTS AT THE BEGINNING OF THE YEAR, AND SAY NOW LET'S TALK ABOUT IT AND GET TOGETHER ON IT, BUT I WOULD LIKE TO SERVE ON THIS BOARD, AND IF APPOINTED, I WILL SERVE. THANK YOU.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS? THANK YOU MA'AM. NEXT WE GO TO AT-LARGE SEAT 11. OUR FIRST CANDIDATE IS ARNOLD COLLINS OF CHARLESTON.

CHAIRMAN STODDARD: MR. COLLINS, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. COLLINS: YES, SIR.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. COLLINS: YES, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING THE BOARD IN A FULL CAPACITY?
MR. COLLINS: NO, SIR. NONE SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. COLLINS: NONE, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MR. COLLINS: NONE, SIR.
SENATOR GLOVER: SAME QUESTION, YES, SIR.
MR. COLLINS: ABOUT CORPORATE?
SENATOR GLOVER: WELL, JUST BASICALLY FUNDING, AND REALLY NOT TO ADD ANYTHING DIFFERENT FOR THE OTHER APPLICANTS THAT ANSWERED THIS QUESTION, BECAUSE THEY HAVE ALL BEEN VERY GOOD ANSWERS, BUT JUST TO LET YOU KNOW PERSONALLY WHY I THINK THIS IS SO IMPORTANT IS THAT, FOR EXAMPLE, LAST YEAR WE MADE A COMMITMENT TO HIGHER EDUCATION THAT WE WERE GOING TO RETURN TO THEM $30 MILLION. THIS YEAR'S BUDGET ALLOWED US TO BE ABLE TO RETURN NINE, SO WE ARE $21 MILLION SHORT OF WHAT HIGHER ED NEEDS FOR OPERATION. SOUTH CAROLINA STATE IS DEFINITELY A PART OF THAT. NOW THE BOARD MEMBERS, TRUSTEE MEMBERS, WILL HAVE TO ADDRESS THAT. I AM SIMPLY ASKING WHAT DO YOU THINK YOUR ROLE OUGHT TO BE THERE?
MR. COLLINS: SENATOR, THAT IS NOT GOING TO CHANGE. THAT DIRECTION IS NOT GOING TO CHANGE. I BELIEVE THAT ONE OF THE BOARD'S POLICIES, ONE OF THE PRIMARY PURPOSES IS TO ADVISE AND CONSENT AND SET POLICY, BUT I THINK THE PRIMARY RESPONSIBILITY OF THE TRUSTEE IS TO RAISE FUNDS FOR THE SCHOOL. THAT WOULD BE MY PRIMARY GOAL. IN ADDITION, I THINK WHAT MY PRIMARY GOAL WOULD BE CORPORATE SPONSORSHIPS. WHEN YOU GET CORPORATE SPONSORSHIP, YOU GET MORE THAN JUST DOLLARS, YOU GET CORPORATE PARTICIPATION AS WELL. I WOULD BE VERY MUCH IN FAVOR OF THE BOARD COMING UP WITH A CORPORATE STRATEGY TO DEVELOP FUNDS FROM THE CORPORATE ARENA AND THOSE OF US ON THE BOARD CAN USE OUR INDIVIDUAL PERSONALITIES AND DIFFERENCES AND STRENGTHS TO IMPLEMENT THAT POLICY. BUT I THINK FIRST AND FOREMOST YOU HAVE TO RAISE FUNDS, BECAUSE THE FEDERAL DOLLARS WILL CONTINUE TO DWINDLE.
CHAIRMAN STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE INABINETT: I HAVE THE SAME QUESTION FOR YOU, MR. COLLINS, AS IT RELATES TO THE TRUSTEES' ROLE WITH REFERENCE TO NEGATIVE STUDENT BEHAVIOR.
MR. COLLINS: SIR, I DON'T COMPROMISE WITH NEGATIVE STUDENT BEHAVIOR. I DON'T THINK WE OUGHT TO. I SERVED ON SOUTH CAROLINA STATE'S BOARD FROM 1983 TO 1989, AND I JUST WANT TO TELL YOU VERY QUICKLY WHAT WE DID. WE SET A POLICY TO THE BOARD WHERE THE DEAN OF STUDENTS WOULD INVENTORY THE STUDENTS' DORMITORY ROOM WITH THE STUDENT, AND THEY TOGETHER INVENTORIED THE ROOM AND STUDENTS SIGNED OF THE CONDITION THAT ROOM WAS IN. IF ANY DAMAGE TO THAT ROOM OCCURRED DURING THE YEAR THE STUDENT PAID FOR OR HE GOT NO DEGREE OR GOT NO SCHOOL GRADES, AND IT WAS JUST UNACCEPTABLE THAT PLUMBING WAS TORN OFF THE WALLS AND HOLES WERE KNOCKED. THAT'S JUST UNACCEPTABLE. YOU CAN'T GIVE US ENOUGH MONEY TO DO THE THINGS WE NEED TO DO, SO WE SHOULDN'T BE SPENDING MONEY IN REPAIRS UNNECESSARILY. SO THERE WAS A SUBSTANTIAL REDUCTION IN THE VANDALISM OF THE SCHOOL WHEN WE HAD THE STUDENTS ACCOUNTABLE FOR WHAT THE INVENTORY WAS AND THEY HAD TO PAY FOR ANY DAMAGE, AND I WILL CONTINUE TO DO THAT IF I AM BACK AGAIN.
CHAIRMAN STODDARD: SINCE SENATOR MACAULAY EXCUSED HIMSELF I WILL ASK YOU THE QUESTION CONCERNING THE FOUR YEARS.
MR. COLLINS: THAT IS A TWO-SIDED QUESTION. LET ME SAY IT THIS WAY: I THINK THAT ALL STUDENTS OUGHT TO BE ENCOURAGED TO FINISH THEIR DISCIPLINE IN FOUR ACADEMIC YEARS. I THINK SOME STUDENTS ARE TO BE ENCOURAGED TO COME OUT IN FIVE. MY SON IS PRESENTLY A SENIOR AT SOUTH CAROLINA STATE, AND HE AND I TOGETHER MADE THE DECISION HE WILL COME OUT IN FIVE YEARS. HE WILL COME OUT AFTER FOUR ACADEMIC SETTINGS, BUT HE IS SPLITTING HIS SENIOR YEAR WITH AN INTERNSHIP AT NATIONS BANK. NOW FOR THE ENGINEERING STUDENTS AND FOR THE STUDENTS IN BUSINESS, I ENCOURAGE A FIVE-YEAR PROGRAM, BECAUSE I THINK IT'S VERY IMPORTANT FOR OUR STUDENTS TO HAVE THE OPPORTUNITY TO SEE THE CORPORATE SIDE. I WISH MY SON WERE HERE AND YOU COULD SEE HOW HIS HAIR LOOKS, HIS SHOES AND SHIRT, BECAUSE HE HAS SEEN THE CORPORATE SETTING AND NOW HE IS BACK IN SCHOOL FOR HIS LAST YEAR, SO HE IS SPLITTING HIS LAST YEAR BETWEEN THE CORPORATE AND ACADEMIC SETTING. FOUR YEARS ACADEMICALLY BUT I THINK ENGINEERING, ECONOMICS AND BUSINESS, THE STUDENTS OUGHT TO HAVE THE OPPORTUNITY TO GO INTO THE CORPORATE ARENA FOR ONE YEAR TO GET THAT EXPOSURE. HE WILL GRADUATE ONE YEAR LATER AT 23 AS OPPOSED TO 22, BUT HE WILL HAVE THE UPPER HAND OF STUDENTS COMING OUT OF SCHOOL BECAUSE HE WOULD HAVE HAD A YEAR'S EXPERIENCE IN THE CORPORATE WORLD. THIS IS WHAT I RECOMMEND AND THAT'S WHAT I WANT TO GET BACK. I WANT TO FOSTER MORE OF A CORPORATE RELATIONSHIP FROM A FUNDING SIDE AS WELL AS A PARTICIPATORY SIDE FOR OUR STUDENTS PARTICIPATING IN THE CORPORATE WORLD AND WORK.
CHAIRMAN STODDARD: THANK YOU, MR. COLLINS. OUR NEXT CANDIDATE IS WARREN A. DARBY OF COLUMBIA.

CHAIRMAN STODDARD: MR. DARBY, DO YOU SWEAR THE FOREGOING TESTIMONY WILL BE THE TRUTH, SO HELP YOU GOD?
MR. DARBY: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. DARBY: I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MR. DARBY: NO, SIR.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. DARBY: NO, SIR.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE TO THE CONSTITUTION?
MR. DARBY: NO, SIR.
SENATOR GLOVER: YES, MR DARBY, THE SAME QUESTION.
MR. DARBY: ON PRIVATE FUNDING, MY COMPANY, I AM WITH SOUTH CAROLINA ELECTRIC AND GAS COMPANY, SCANA IS A HOLDING COMPANY, WE PROVIDE SCHOLARSHIPS TO EVERY STATE SUPPORTED INSTITUTION IN THE STATE OF SOUTH CAROLINA PLUS MANY SCHOLARSHIPS OUTSIDE THE STATE. IN MY CAPACITY AS A MEMBER OF THE BOARD OF TRUSTEES IF AM SO ELECTED, I WOULD CERTAINLY ENCOURAGE THAT PARTICIPATION BY OUR COMPANY AND WOULD WORK WITH OTHER COMPANIES OUTSIDE TO DO LIKEWISE. I THINK WE HAVE A MORAL OBLIGATION TO SUPPORT THE INSTITUTIONS IN WHICH WE DO BUSINESS, AND I THINK OTHER COMPANIES FEEL THE SAME WAY. ON A MORE PERSONAL NOTE, MY BACKGROUND IS ENGINEERING, AND I FEEL LIKE THE PRODUCT OF A SCHOOL OF HIGHER EDUCATION, THE QUALITY OF THE PRODUCT WOULD ATTRACT THE APPROPRIATE DOLLARS. ONE THING I WOULD BE VERY INTERESTED IN DOING WOULD BE TO WORK TO STRENGTHEN THE ENGINEERING SCHOOL AT SOUTH CAROLINA STATE UNIVERSITY TO HAVE IT BECOME AN ACCREDITED ENGINEERING SCHOOL THEREBY GRADUATING MORE SKILLED INDIVIDUALS WHICH I THINK IN TURN WOULD ATTRACT THE CORPORATE DOLLARS FOR PRIVATE FUNDING THAT YOU HAVE MENTIONED. SO MY ROLE I SEE IS TO TAKE MY ENGINEERING BACKGROUND, MY BUSINESS BACKGROUND AND HELP STRENGTHEN THE ENGINEERING ASPECTS OF THE SCHOOL, AND IN THAT WAY WOULD ATTRACT THE DOLLARS.
REPRESENTATIVE INABINETT: SAME QUESTION WITH REFERENCE TO THE TRUSTEES' ROLE AS IT RELATES TO STUDENT NEGATIVE BEHAVIOR.
MR. DARBY: YES, SIR, I AGREE WITH MANY OF THE COMMENTS ALREADY MADE, PARTICULARLY THAT A TRUSTEE'S BOARD IS TO DEAL WITH POLICY. I ALSO FEEL THAT A SCHOOL OF HIGHER LEARNING IS NOT A PLACE FOR BABY SITTING, IT'S A PLACE TO LEARN, AND STUDENTS AS WELL AS FACULTY, AS WELL AS BOARD MEMBERS, FOR THAT MATTER, HAVE A CERTAIN LEVEL OF BEHAVIOR THAT WOULD BE ACCEPTABLE AND THERE WOULD BE CERTAIN LEVELS OF BEHAVIOR THAT WOULD BE UNACCEPTABLE AND WHEN PEOPLE MAKE A DECISION TO NOT ABIDE BY THE RULES OF THE UNIVERSITY, THEN THEY WOULD BE DEALT WITH. I THINK ANY INSTITUTION OR ANY ORGANIZATION HAS A SET OF VALUES AND THOSE VALUES DRIVE THE DIRECTION OF THE INSTITUTION, AND CERTAINLY BEHAVIOR WOULD BE PART OF THE VALUES ESTABLISHED, AND I WOULD WORK TO ESTABLISH THE VALUES THAT I THINK WOULD BE APPROPRIATE FOR THE UNIVERSITY AND CERTAINLY EXPECT THE STUDENTS AND OTHERS TO ABIDE BY THAT.
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR GRADUATION QUESTION.
MR. DARBY: YES, SIR, THERE HAVE BEEN MANY GOOD COMMENTS MADE ALONG THOSE LINES AS WELL, AND MY FEELINGS ARE THAT IT BEGINS PRIOR TO ATTENDING COLLEGE AND BEGINS IN THE FORMATIVE YEARS OF SCHOOL IN SETTING GOALS AND UNDERSTANDING WHAT IS EXPECTED. I THINK ONCE YOU REACH HIGH SCHOOL THAT CERTAINLY MAYBE THERE IS MORE WE CAN DO WITH GUIDANCE COUNSELORS AND MAYBE THROUGH THE DEPARTMENT OF EDUCATION. IN EDUCATING STUDENTS GOING TO COLLEGE IT IS A FOUR-YEAR PROGRAM IN MOST CASES. I THINK IN ORIENTATION PROGRAMS FOR PROSPECTIVE STUDENTS AND THEIR PARENTS THAT IT BE STRESSED AND ALSO WITH THE STUDENT ADVISORS WHEN THEY BECOME STUDENTS AT SOUTH CAROLINA STATE UNIVERSITY THAT THEY ARE EXPECTED TO GRADUATE IN FOUR YEARS. I ALSO SUBSCRIBE TO THE COMMENTS MADE THAT CO-OP PROGRAMS, PROGRAMS OF GIVING STUDENTS A TIME TO SPEND IN THEIR COMMUNITIES IN BUSINESS CERTAINLY IS A VALUE. I THINK THAT THE WAY I UNDERSTOOD THE QUESTION, THOUGH, WAS WHAT TO DO ABOUT PROFESSIONAL STUDENTS, SO TO SPEAK, THE STUDENTS THAT DON'T HAVE AN END IN SIGHT. I THINK THAT IS WHERE THE PROBLEM IS. IT'S NOT THE FACT A STUDENT MAYBE TAKES FOUR AND A HALF YEARS AND SPENT A HALF YEAR WITH A BANK OR WITH AN INSURANCE COMPANY OR WITH A POWER COMPANY. I THINK THE IDEA IS TO GET PEOPLE IN AND THROUGH THE PROCESS SO THEY'RE PRODUCTIVE CITIZENS AND TURN BACK AND PAY BACK THEIR DEBT TO SOCIETY.
CHAIRMAN STODDARD: THANK YOU, MR. DARBY. OUR NEXT CANDIDATE IS JANNETTE L. HENRY OF WINNSBORO.

CHAIRMAN STODDARD: MS. HENRY, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MS. HENRY: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. HENRY: YES, I WOULD.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD AFFECT YOUR PARTICIPATION ON THE BOARD?
MS. HENRY: NONE TO MY KNOWLEDGE.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONAL OR PERSONAL, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. HENRY: NO, SIR, I DO NOT.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF? CONSTITUTION?
MS. HENRY: NO.
SENATOR GLOVER: SAME QUESTION, MA'AM.
MS. HENRY: AS WE SEE DOLLARS DWINDLE DAILY FOR EDUCATION, I FEEL THAT IT BEHOOVES THE BOARD OF TRUSTEES TO SEEK OUTSIDE FUNDING. THIS CAN BE DONE IN A NUMBER OF WAYS. AND IN ONE WAY WHEN WE LOOK AT THE BOARD ITSELF, THERE MAY BE PEOPLE THAT I KNOW IN CORPORATIONS THAT YOU MAY NOT KNOW OR SOMEONE ELSE MAY NOT KNOW, BUT I HAVE THOSE CONTACTS WITH THOSE PEOPLE, AND I CAN ALWAYS USE THOSE CONTACTS TO HELP, OR ANY BOARD MEMBER CAN USE THOSE CONTACTS TO HELP THE INSTITUTION RECEIVE FUNDING. ALSO I WOULD STRONGLY ENCOURAGE THE INSTITUTION TO HAVE A GRANTS WRITER OR PERHAPS A PERSON WHO DOES THAT AS A PART-TIME JOB OR PART OF A JOB ASSIGNMENT, BECAUSE THAT WILL ALSO HELP YOU TO GET GRANTS AND OTHER FUNDING, AND I WOULD ENCOURAGE THE PROFESSORS TO SEEK GRANTS FOR THEIR DEPARTMENT. SO I DEFINITELY STRONGLY BELIEVE IN OUTSIDE FUNDING, BECAUSE THAT IS THE ONLY WAY IT SEEMS RIGHT NOW WE ARE REALLY GOING TO BE ABLE TO GIVE OUR STUDENTS A QUALITY EDUCATION.
REPRESENTATIVE INABINETT: SAME QUESTION.
MS. HENRY: THE ROLE OF THE TRUSTEE AS FAR AS STUDENT BEHAVIOR?
REPRESENTATIVE INABINETT: YES.
MS. HENRY: THE ROLE OF A TRUSTEE, AS WE ALL HAVE SAID, IS TO SET POLICY. AND IT IS THE JOB OF THE ADMINISTRATION TO ENFORCE IT. AND AS FAR AS DISCIPLINE AND STUDENT BEHAVIOR IS CONCERNED, I FEEL THAT STUDENTS HAVE TO FOLLOW THE POLICIES THAT ARE SET BY THE INSTITUTION. SOMETIMES YOU WILL FIND THAT POLICIES MAY NOT WORK OR THEY NEED UPDATING OR SO FORTH, AND IT'S UP TO THE TRUSTEES TO UPDATE THOSE POLICIES, BUT IT ALSO BEHOOVES THE STUDENTS TO FOLLOW THOSE POLICIES, AND IF THEY DO NOT, YOU HAVE TO TAKE THE NECESSARY DISCIPLINARY ACTION. ONE THING YOU MUST REMEMBER, WHEN YOU ARE IN COLLEGE YOU ARE AT A LEARNING STAGE, HOWEVER, YOU ARE LEARNING HOW TO BECOME AN EMPLOYABLE PERSON, AND IF YOU DON'T FOLLOW DIRECTIONS IN THE WORK PLACE YOU WILL LOSE YOUR JOB OR SOMETHING WILL HAPPEN, AND YOU NEED TO SEE THAT SAME THING IN COLLEGE. IF YOU DON'T FOLLOW THE DISCIPLINE POLICIES SET BY THE BOARD OF TRUSTEES YOU HAVE TO SUFFER THE CONSEQUENCES, AND THAT IS WHAT HAPPENS IN THE REAL WORLD.
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR---
MS. HENRY: I WOULD STRONGLY ENCOURAGE THOSE STUDENTS WHO MAJOR IN THOSE PROGRAMS THAT TAKE FOUR YEARS TO GET OUT IN FOUR YEARS. YOU HAVE SOME PROGRAMS THAT WILL TAKE LONGER, HOWEVER, FOR THOSE WHO PLAN TO MAJOR IN THOSE FOUR-YEAR PROGRAMS, I THINK COUNSELING NEEDS TO BEGIN AS WE HAVE ALL SAID IN THE HIGH SCHOOL YEARS. YOU ALSO NEED TO NOT ONLY COUNSEL WITH THE STUDENTS; YOU NEED TO COUNSEL WITH THE PARENTS. THE PARENTS NEED TO BE TOLD, WELL, IF YOUR CHILD MAJORS IN THIS PARTICULAR AREA IT WILL TAKE FOUR YEARS, HOWEVER, IF THEY MAJOR IN THIS AREA IT MAY TAKE FIVE YEARS. IT'S REALLY ACCORDING TO YOUR MAJOR, BUT I DO ENCOURAGE THOSE FOUR-YEAR PROGRAMS SUCH AS TEACHER EDUCATION TO COME ON OUT IN FOUR YEARS AND GET STARTED.
CHAIRMAN STODDARD: THANK YOU, MA'AM. OUR NEXT CANDIDATE IS HELEN R. WILSFORD OF ORANGEBURG.

CHAIRMAN STODDARD: DO YOU SWEAR THAT THE FOLLOWING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MS. WILSFORD: YES.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MS. WILSFORD: YES.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
MS. WILSFORD: NO.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MS. WILSFORD: NO.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
MS. WILSFORD: NO.
SENATOR GLOVER: SAME QUESTION.
MS. WILSFORD: FUNDING IS CERTAINLY A PROBLEM NOW. THE GRANTS WRITING IS, I AM SURE, NOT BEING FULLY EXPLORED RIGHT NOW. I HAVE SOME EXPERIENCE IN GRANTS WRITING, SUCCESSFUL GRANTS WRITING, AND ALSO UNSUCCESSFUL GRANTS WRITING, AND I DO THINK MAYBE A PROFESSIONAL GRANTS WRITER, AT LEAST TO DO A WORKSHOP, TO COME IN AND WORK WITH THE FACULTY WOULD CERTAINLY BE HELPFUL, BUT THERE ARE MANY GRANTS AVAILABLE ON THE NATIONAL LEVEL THAT WE PERHAPS JUST DON'T KNOW ABOUT OR DON'T PURSUE. I DO THINK WE NEED TO WORK MORE CLOSELY WITH THE CORPORATE STRUCTURE AND THE TRUSTEES' CLUBS AND OTHER BOARDS THEY MIGHT SERVE ON OR COMMUNITY MEETINGS OR CHURCH OR WHEREVER YOU MIGHT COME IN CONTACT WITH SOMEBODY YOU FEEL WOULD BE INFLUENTIAL AND COULD HELP YOU WITH FUNDING, THEN YOU COULD PURSUE THAT. ALSO PROBABLY A SPECIAL COMMITTEE OF THOSE PEOPLE THAT WOULD LIKE TO WORK WITH CORPORATE GROUPS COULD TAKE SOME TRIPS OUT ACROSS SOUTH CAROLINA, BECAUSE THERE ARE MANY POCKETS OF INDUSTRY THAT HAVE NOT EVEN BEEN TAPPED YET BY STATE UNIVERSITY. THE ALUMNI ASSOCIATION, OR NOT ASSOCIATION, BUT THE ALUMNI FUND RAISING HAS NOT BEEN AS AGGRESSIVE IN MY EXPERIENCE AS THE OTHER SCHOOLS I HAVE ATTENDED. I FINISHED 15 YEARS AGO AT STATE UNIVERSITY, AND I HAVE RECEIVED VIRTUALLY NO MAILINGS, NO PHONE CALLS, AND I THINK WE ARE PROBABLY LEAVING OUT A WHOLE SEGMENT OF OUR ALUMNI IN OUR FUND RAISING, AND WE DO KNOW THAT THERE ARE MANY COMPANIES THAT HAVE MATCHING FUNDS AVAILABLE, AND SO WE NEED TO TARGET, BE MORE AGGRESSIVE IN OUR ALUMNI FUND RAISING, BECAUSE I THINK ALL OF US FEEL LIKE WE DO HAVE SOMETHING WE SHOULD GIVE BACK BECAUSE WE DID GET SO MUCH FROM STATE UNIVERSITY. YOU HAVE A QUESTION ON NEGATIVE BEHAVIOR, RIGHT? I WORK AT THE VOCATIONAL CENTER, AND I DEAL WITH NEGATIVE BEHAVIOR AND COUNSELING AND THAT ALL THE TIME. I THINK PERHAPS IF INCOMING FRESHMAN COULD BE ASSIGNED IN SMALL GROUPS WITH SOMEBODY THAT WOULD PAY ATTENTION TO THEM AT THE VERY FIRST, BECAUSE I BELIEVE MOST OF THE NEGATIVE BEHAVIOR DOES COME FROM THE FRESHMAN CLASS. MUCH OF IT MAY BE DRUG RELATED, AND IF IT IS DRUG RELATED, THE SOONER WE FIND OUT ABOUT THAT AND GET RID OF THOSE DRUG SUPPLIERS, IF WE CAN, THEN THE MORE THAT WILL HELP, BUT IF YOU HAD SMALL GROUPS AND COULD PAY ATTENTION TO THE INDIVIDUAL KIDS AND CALL THEIR PARENTS, AND THIS MAY BE A LITTLE BIT JUVENILE, BUT IF YOU CALL PARENTS, I FOUND OUT IN MY EXPERIENCE YOU ARE ALMOST 100 PERCENT SUCCESSFUL IN SEEING IMPROVEMENT IMMEDIATELY. YOU MIGHT NEED TO TAKE A LOOK AT THE POLICY. IT MIGHT BE OUTDATED, AND I THINK EVERYBODY IN THE ROOM CAN SEE THAT WE HAVE A TREMENDOUS INCREASE IN NEGATIVE BEHAVIOR, AND NOT ONLY IN SCHOOLS BUT ALSO IN OUR WHOLE STATE AND COMMUNITY.
REPRESENTATIVE CLYBORNE: THE FOUR-YEAR.
MS. WILSFORD: THE FOUR-YEAR COLLEGE, I HAVE HAD SOME EXPERIENCE WITH CO-OP EDUCATION ON THE HIGH SCHOOL LEVEL, AND I HAVE WORKED VERY CLOSELY WITH THE CO-OP PROGRAM AS IT WORKS AT STATE UNIVERSITY. I HAVE HAD SEVERAL OF MY FORMER STUDENTS WHO HAVE PARTICIPATED IN THAT AND THEY HAVE ALL -- THEY DIDN'T FINISH IN FOUR YEARS, BUT THEY DID HAVE A JOB. I THINK ALL OF THOSE PEOPLE I HAVE WORKED WITH HAVE GOTTEN A JOB OUT OF THEIR CO-OP EXPERIENCE AND THEY DID FINISH IN FIVE YEARS. SO I DO THINK WE CAN COOPERATE MORE FULLY WITH TECH COLLEGES ACROSS THE STATE, AND THIS MIGHT MEAN SOME VISITS FROM THE TRUSTEES, TO ACCEPT STUDENTS FROM TECH COLLEGES WHO MIGHT HAVE THOUGHT A TWO-YEAR PROGRAM WAS WHAT THEY WANTED BUT IN REALITY THEY NEED TO GO ON AND FINISH A FOUR-YEAR PROGRAM, AND I THINK WE WOULD BE MORE SUCCESSFUL THAT WAY. ALSO IF WE WOULD WORK WITH THE HIGH SCHOOLS, THERE IS WHOLE MOVEMENT CALLED TECH PREP THAT MY SCHOOL IS INVOLVED IN. THERE ARE TWO TRACKS, TECH PREP AND COLLEGE PREP, AND THEY CAN GO BACK AND FORTH, SO IF THEY'RE IN TECH PREP THEY CAN STILL GO TO COLLEGE, AND I THINK WE NEED TO WORK MORE CLOSELY WITH THE HIGH SCHOOLS ACROSS THE STATE AND MAKE STUDENTS AWARE OF WHAT THEY CAN DO TO FINISH UP IN FOUR YEARS ONCE THEY GET THERE. ONE MORE THING I THINK WOULD BE VERY HELPFUL WE ARE ENCOURAGING STUDENTS WHEN THEY LEAVE EIGHTH GRADE BEFORE THEY GET TO HIGH SCHOOL TO HAVE A FOUR-YEAR PLAN OF WHAT THEY'RE GOING TO BE TAKING IN HIGH SCHOOL, AND WE DO A LOT OF CAREER COUNSELING AND WORK WITH THE PARENTS AND THEY SET UP A FOUR-YEAR PLAN FOR HIGH SCHOOL. A FOUR-YEAR PLAN FOR COLLEGE WOULD NOT BE OUT OF LINE FOR THOSE PEOPLE ACTUALLY BEFORE THEY GRADUATED IF YOU COULD GET TO THE SENIORS, AND THEY COULD SET UP A FOUR-YEAR PROGRAM, THEN THEY COULD SEE PROGRESS TOWARD THE END, AND I THINK YOU WOULD HAVE A HIGHER SUCCESS RATE.
CHAIRMAN STODDARD: THANK YOU, MA'AM. OUR NEXT CANDIDATE IS DR. THOMAS J. WILSON OF TIMMONSVILLE.

CHAIRMAN STODDARD: DR. WILSON, DO YOU SWEAR THAT THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
DR. WILSON: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
DR. WILSON: I WILL.
CHAIRMAN STODDARD: DO YOU HAVE ANY HEALTH RELATED PROBLEMS THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
DR. WILSON: I DO NOT.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
DR. WILSON: I DO NOT.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSE OF THE CONSTITUTION?
DR. WILSON: I SERVE ON THE SCHOOL BOARD, BUT WOULD RELINQUISH THAT IN THE EVENT I AM APPOINTED TO THIS BOARD.
SENATOR GLOVER: SAME QUESTION.
DR. WILSON: THANK YOU FOR ASKING THAT QUESTION. AS FAR AS THE BOARD'S POINT OF VIEW, AND I AM GIVING MY PERSONAL POINT OF VIEW OF WHAT A BOARD SHOULD BE LIKE IN FUND RAISING. IF I AM ASKED TO COME TO THE DINNER TABLE I AM GOING TO BRING SOMETHING TO THE DINNER TABLE. THE BOARD TO GO OUT FUND RAISING MAY NOT BE THE BEST INTEREST OF THE BOARD PER SE. IF I AM ON THE BOARD, I AM GOING TO BRING SOMETHING TO THE TABLE, AND I AM GOING TO GET ALL MY FRIENDS TO BRING SOMETHING TO THE TABLE. THIS IS BOARD FUND RAISING, NOT WRITING LETTERS, SOLICITING, WRITING PROPOSALS. IF I AM GOING TO SERVE ON THE BOARD, I AM AT THE TOP. IF I AM AT THE TOP, I SHOULD BE THE LEADER. AND I AM GOING TO LEAD OFF GIVING SOMETHING TO THE COLLEGE. I SEE NO REASON WHY THIS DISTINGUISHED BOARD COULDN'T RAISE $100,000 PER YEAR WITH THE BOARD GIVING AND OF THE BOARD PROGRAMS. SO FUND RAISING IS VERY IMPORTANT WITH THE CUTBACK IN CORPORATE GIVING AND WITH THE CUTBACK FROM THE STATE BUDGETING, SOMEONE IS GOING TO HAVE TO COME UP WITH SOME EXTRA MONIES, AND I THINK IF THE BOARD IS GOING TO MAKE RULES AND POLICIES, THEN I AM GOING TO ALSO GIVE SOME MONEY TO ALLEVIATE SOME OF THESE PROBLEMS. SO I SAY THE BOARD GIVING SHOULD HELP SOLVE SOME OF THESE PROBLEMS.
REPRESENTATIVE INABINETT: I HAVE THE SAME QUESTION, SIR.
DR. WILSON: AS FAR AS THE -- I KIND OF LOSE TRACK -- THE DISCIPLINE PROBLEMS. FIRST, IF I WAS ON THE BOARD I WOULD FIND OUT THE SOURCE OF THESE PROBLEMS. NOW FROM MY PAST EXPERIENCE, AND I HAVE WORKED ON A COLLEGE CAMPUS ABOUT 18 YEARS. I FOUND THAT STUDENTS FROM CERTAIN AREAS AND BACKGROUNDS CONTRIBUTE TO THESE PROBLEMS. FIRST, I WOULD SUGGEST THAT THE ADMINISTRATION SCREEN ITS APPLICANTS. NOW YOU SAY, WELL, WE NEED THREE THOUSAND STUDENTS AND WE HAVE THREE THOUSAND APPLICATIONS, HOW ARE WE GOING TO SCREEN THEM. LET ME GIVE YOU A PERSONAL EXPERIENCE. I WAS INVITED TO HAMPTON UNIVERSITY THREE WEEKS AGO TO WORK WITH RECRUITMENT SECTION. HERE WE HAVE A SLOT FOR THREE THOUSAND FRESHMEN, BUT WE ARE GOING TO RECRUIT AND GET SIX THOUSAND. BY DOING THIS WE GET THE CREAM OF THE CROP. WE GET SOME OF THE BEST STUDENTS IN THE NATION, AND THIS HELPS SOLVE SOME OF THESE PROBLEMS BECAUSE WE HAVE THE TOP STUDENTS. WE REALIZE THE FACT THERE ARE GOING TO BE SOME STUDENTS GOING TO BE CONTRARY, BUT HERE AGAIN THE BOARD SHOULD RE-ADVISE THIS DISCIPLINE PROBLEM, MAKE CERTAIN THESE RULES AND REGULATIONS ARE CARRIED OUT BY THE ADMINISTRATION, NOT THE BOARD BABYSITTING TO SEE THAT THEY'RE CARRIED OUT. THE BOARD SHOULD IMPLEMENT THESE POLICIES THROUGH THE ADMINISTRATION, MAKE SURE CERTAIN THAT THE DEAN OF STUDENTS, AND MAKE SURE THESE POLICIES ARE CARRIED OUT. WITH THESE TOP STUDENTS THE DISCIPLINE PROBLEMS WILL FINALLY FADE AWAY.
REPRESENTATIVE CLYBORNE: SAME QUESTION, FOUR-YEAR GRADUATION.
DR. WILSON: THERE ARE SEVERAL PROGRAMS AT COLLEGES AND UNIVERSITIES THAT IS GOING TO TAKE FIVE YEARS. AND IF A PROGRAM IS GOING TO TAKE FIVE YEARS WE SHOULD GEAR OUR PROGRAM INTO THAT DIRECTION. NOW I KNOW ENGINEERING, BUSINESS, AND MARKETING AND MANAGEMENT, AGRI BUSINESS, YOU JUST CAN'T FINISH IN FOUR YEARS. I HAVE EXPERIENCED THAT. YET WHEN I BECOME A FRESHMAN I AM GOING TO DESIGN MY PROGRAM IN A WAY THAT I CAN GET OUT AS EARLY AS I POSSIBLY CAN. FOUR YEARS SHOULD BE THE MAXIMUM. IF I CAN FINISH THIS PROGRAM IN FOUR YEARS, I SHOULD HAVE MY PROGRAM DEVELOPED AND CUT OUT BY MY DEAN OR BY THE DEPARTMENT HEAD BECAUSE AFTER FOUR YEARS SOME LADY SAID THE FUNDS ARE GOING TO RUN OUT. SO WHERE DO I GO? SO, THEREFORE, I AM GOING TO MAKE CERTAIN THAT THE STUDENTS CARRY A HEAVY LOAD, AND WE REALIZE WE HAVE TO FACE REALITY. ALL STUDENTS CAN'T CARRY 18 OR 20 HOURS PER SEMESTER; SO, THEREFORE, WE HAVE TO DESIGN A PROGRAM TO GET OUT AS EARLY AS WE POSSIBLY CAN, AND ONCE WE FOLLOW THIS SCHEDULE, ONCE WE FOLLOW THESE ACTIVITIES WITH THESE FOUR YEARS OR FOUR YEARS OR MAYBE TWO SUMMERS AND ONE SEMESTER, WE WILL BE OUT, AND I THINK THAT'S A VERY GOOD PROGRAM IF YOU FOLLOW THROUGH AND DEVELOP AND WORK WITH THAT POINT OF VIEW.
CHAIRMAN STODDARD: THANK YOU, DOCTOR. OUR FINAL CANDIDATE IS GILBERT ZIMMERMAN OF BEAUFORT.

CHAIRMAN STODDARD: DO YOU SWEAR THE FOREGOING TESTIMONY IS THE TRUTH, SO HELP YOU GOD?
MR. ZIMMERMAN: I DO.
CHAIRMAN STODDARD: CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WILL YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
MR. ZIMMERMAN: I MOST CERTAINLY WOULD.
CHAIRMAN STODDARD: DO YOU HAVE HEALTH RELATED PROBLEMS THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN FULL CAPACITY?
MR. ZIMMERMAN: NO.
CHAIRMAN STODDARD: DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT WOULD PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
MR. ZIMMERMAN: I DO NOT.
CHAIRMAN STODDARD: DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT IF ELECTED TO THE BOARD THAT WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICEHOLDING CLAUSES OF THE CONSTITUTION?
MR. ZIMMERMAN: NO.
SENATOR GLOVER: SAME QUESTION, PLEASE.
MR. ZIMMERMAN: YES, SENATOR. AS FAR AS THE BOARD'S ROLE WITH FUNDING, I HAVE TO LOOK AT THAT VERY CLOSELY. I AM AN ADJUNCT FACULTY MEMBER AT ONE OF THE COLLEGES AT THE STATE OF SOUTH CAROLINA, AND I TEACH A COURSE OF BUSINESS AND SOCIETY, AND MOST CERTAINLY IN THE CORPORATE WORLD OR THE BUSINESS WORLD OR PRIVATE SECTOR, THEY ARE LOOKED AT AS STAKEHOLDERS, AND CERTAINLY THEY HAVE A STAKE IN THE QUALITY OF EDUCATION THAT OUR CITIZENS RECEIVE IN THE STATE OF SOUTH CAROLINA. SO, QUITE NATURALLY, THEY MUST MAKE AN INVESTMENT IN THAT EDUCATION. AS A BOARD MEMBER, I WOULD NOT DIRECTLY INVOLVE MYSELF WITH FUND RAISING UNLESS IT WAS REQUESTED BY THE ADMINISTRATION OF THE UNIVERSITY AND WITHIN THE GUIDELINES, ETHICAL AND REGULATORY GUIDELINES, TO DO SO; AND, IF SO, I WOULD UTILIZE MY ABILITY TO RELATE TO PEOPLE WITH THE CORPORATE WORLD VERY EFFECTIVELY AND SUCCESSFULLY, AND MY NAME RECOGNITION IN TERMS OF BEING FRIENDS OF INDIVIDUALS THAT ARE BOTH ATHLETES AND ENTERTAINERS, AND CERTAINLY KNOW HOW I FEEL ABOUT SOUTH CAROLINA STATE UNIVERSITY AND WOULD BE WILLING TO MAKE A CONTRIBUTION OR AN INVESTMENT IN THAT FINE INSTITUTION IF REQUESTED BY ME. BUT I WOULD CERTAINLY HOPE THAT WE WOULD KEEP IT IN PERSPECTIVE AS FAR AS THE BOARD'S ROLE IN FUND RAISING, BUT WE DO HAVE SOME RESPONSIBILITY TO DO SO, CERTAINLY AS FAR AS PUBLIC RELATIONS IS CONCERNED. THANK YOU.
REPRESENTATIVE INABINETT: DR. ZIMMERMAN, MY QUESTION IS THE SAME WITH REFERENCE TO THE TRUSTEES' RESPONSIBILITIES AS IT RELATES TO STUDENTS' NEGATIVE BEHAVIOR?
MR. ZIMMERMAN: WELL, I WOULD BE, OR I SHOULD SAY MY CONCERNS WOULD BE MULTI-FACETED. BECAUSE CERTAINLY I AM FIRST A PARENT. AND I HAD A DAUGHTER WHO ATTENDED SOUTH CAROLINA STATE. I HAVE A SON IN COLLEGE IN CHARLESTON NOW, AND I HAVE A FOUR AND A HALF YEAR OLD. I AM CONCERNED ABOUT STUDENT BEHAVIOR AND STUDENT DISCIPLINE IN ANY OF OUR PUBLIC INSTITUTIONS, AND MOST CERTAINLY SOUTH CAROLINA STATE UNIVERSITY. SO AS A BOARD MEMBER, IF I AM SUCCESSFUL, I WOULD BE VERY CONCERNED. THE STUDENTS ARE REPRESENTATIVE OF THE INSTITUTION. THEIR BEHAVIOR, OR WHATEVER, IS REPRESENTATIVE OF THAT INSTITUTION. SO I WOULD CERTAINLY THINK THAT BOARD MEMBERS SHOULD HAVE A VERY, VERY TREMENDOUS CONCERN ABOUT THAT. HOWEVER, WE SHOULD HELP SET THE POLICY OR ESTABLISH THE POLICY THAT WILL MAKE THAT ENVIRONMENT IN WHICH THESE STUDENTS ARE SENT TO LEARN, CONDUCIVE TO LEARNING, AND HAVE THAT ENVIRONMENT ESTABLISHED SO THEY WOULD WANT TO PARTICIPATE IN VERY POSITIVE MANNER RATHER THAN A NEGATIVE. WE MUST NOT TOLERATE CERTAIN THINGS, AND WE MUST LET OUR STUDENTS KNOW THAT BECAUSE IT'S IN KEEPING WITH THE FINE TRADITION OF SOUTH CAROLINA STATE UNIVERSITY TO CARRY YOURSELF IN A CERTAIN WAY. YOUR FIRST PRIORITY IS TO GET AN EDUCATION AND MAKE THAT LEARNING EXPERIENCE A VERY ENJOYABLE ONE BUT STAYING WITHIN THE PARAMETERS OF GOOD BEHAVIOR. THANK YOU. I JUST WANT TO SAY BEFORE THAT I WAS LAST BUT I AM CERTAINLY NOT LEAST, AND I WANT TO LET YOU KNOW THAT I DIDN'T COME HERE WITH A PREPARED AGENDA FOR SOLVING THE MANY PROBLEMS AT SOUTH CAROLINA STATE UNIVERSITY, BUT I DO KNOW IF I AM ELECTED IF I AM SUCCESSFUL I WILL CERTAINLY BE COMING WITH A PREPARED HEART AND PREPARED MIND TO DO WHATEVER IS NECESSARY TO HELP SOUTH CAROLINA STATE UNIVERSITY TO MOVE INTO THE TWENTY-FIRST CENTURY. THANK YOU VERY MUCH.
CHAIRMAN STODDARD: WE APPRECIATE ALL OF YOU SHOWING SUCH INTEREST IN WANTING TO SERVE THIS INSTITUTION. WE ARE FULLY AWARE THAT YOUR SERVICES GO UNRECOGNIZED MANY TIMES AND RATHER THAN MONETARY COMPENSATION YOU REAP A LOT OF RIDICULE AT TIMES AND WE CERTAINLY APPRECIATE YOU OFFERING TO SERVE. DOES ANY MEMBER HAVE ANYTHING TO ADD? I MIGHT SAY THAT ALL OF YOU HAVE BEEN INVESTIGATED AND ARE CURRENTLY BEING INVESTIGATED. THE RESULTS ARE NOT ENTIRELY IN, BUT I WOULD CERTAINLY ENTERTAIN A MOTION THAT WE WOULD APPROVE OF EVERYONE ON THE LIST SUBJECT TO CERTAIN -- MR. CLYBORNE, DO YOU HAVE SUCH A MOTION?
REPRESENTATIVE CLYBORNE: YES, I DO, AND I WOULD SAY IN THE UNLIKELY EVENT IF THERE WAS ANY SORT OF SERIOUS PROBLEMS THAT WAS FOUND AS A RESULT OF THE SLED INVESTIGATION, THAT THAT INFORMATION BE MADE PUBLIC BOTH TO THE GENERAL ASSEMBLY AND TO THE CANDIDATES THEMSELVES.
CHAIRMAN STODDARD: WITH THAT MOTION IN MIND, DO I HAVE SECOND?
REPRESENTATIVE INABINETT: I SECOND IT.
CHAIRMAN STODDARD: MOTION MADE AND SECONDED THAT WE FIND ALL THE CANDIDATES ON THE LIST QUALIFIED FOR---
SENATOR MACAULAY: EXCLUDING AT-LARGE FOURTH SEAT 11.
CHAIRMAN STODDARD: ALL IN FAVOR SAY AYE. THE AYES HAVE IT. SENATOR MACAULAY WOULD LIKE FOR THE RECORD TO SHOW HE DID NOT PARTICIPATE IN THE AT-LARGE SEAT 11 INQUIRY AND ABSTAINED FROM VOTING. LET THE RECORD SHOW THAT IT WAS BECAUSE OF A RELATIONSHIP BETWEEN ONE OF THE CANDIDATES; IT WASN'T THAT HE DIDN'T LIKE ALL OF THEM.
(AT 12:25 P.M., THE PROCEEDING WAS ADJOURNED.)

The Committee to Investigate Candidates for Trustees for Universities and Colleges finds the following candidates for board of trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

Fifteen Members Elected by the General Assembly

FIRST CONGRESSIONAL DISTRICT

Seat 1 (Two Year Term)

James E. Dunn, Ed.D. (Garden City)

Elnora Sue Metzger, Ed.D. (Charleston)

Clark Parker (Myrtle Beach)

Seat 2 (Four Year Term)

James J. Johnson (Conway)

Robert D. Wilson (Georgetown)

SECOND CONGRESSIONAL DISTRICT

Seat 3 (Two Year Term)

M. Craig Garner, Jr. (Columbia)

Oran P. Smith (Columbia)

Seat 4 (Four Year Term)

Lynn Adams Grieb (Gilbert)

James F. Kane (Columbia)

Walter P. Witherspoon, Jr., D.D.S. (West Columbia)

THIRD CONGRESSIONAL DISTRICT

Seat 5 (Two Year Term)

Payne Henderson (Hank) Barnette, Jr. (Greenwood)

Bradley L. Jordan (Anderson)

Seat 6 (Four Year Term)

Suzanne E. Earle (Walhalla)

William L. Lyles, Jr. (Anderson)

Larry A. Jackson (Greenwood)

FOURTH CONGRESSIONAL DISTRICT

Seat 7 (Two Year Term)

James S. Barrett (Spartanburg)

James D. Martin, Jr., Ph.D. (Greenville)

Elaine W. Marks (Spartanburg)

Seat 8 (Four Year Term)

Alex Kiriakides, III (Greenville)

Keith Smith (Greer)

FIFTH CONGRESSIONAL DISTRICT

Seat 9 (Two Year Term)

Evelyn F. Howe (Gaffney)

Genova McFadden (Hartsville)

Juli S. Powers (Clio)

Seat 10 (Four Year Term)

Robert D. Brown (Camden)

SIXTH CONGRESSIONAL DISTRICT

Seat 11 (Two Year Term)

William H. Chandler (Hemingway)

Fred F. DuBard, Jr. (Florence)

Seat 12 (Four Year Term)

Cathy B. Harvin (Summerton)

AT-LARGE

Seat 13 (Two Year Term)

H. Franklin Burroughs (Conway)

AT-LARGE

Seat 14 (Four Year Term)

J. Egerton Burroughs (Conway)

Fred C. Fore (Murrells Inlet)

Dean P. Hudson (Conway)

David Bomar Smith (Conway)

Robert Lee Rabon (Conway)

AT-LARGE

Seat 15 (Two Year Term)

Edwin Craig Wall, Jr. (Conway)

One each from Congressional Districts 1, 2, 3, 4, 5 and one at-large.

FIRST CONGRESSIONAL DISTRICT

Seat 1

Gedney M. Howe, III (Charleston)

SECOND CONGRESSIONAL DISTRICT

Seat 2

Bernice S. Gill (Allendale)

Sam Glover (Columbia)

Tony Grant (Columbia)

Carolyn McIver Smith, Ph.D. (Columbia)

THIRD CONGRESSIONAL DISTRICT

Seat 3

Charles Lewis (Anderson)

FOURTH CONGRESSIONAL DISTRICT

Seat 4

Kathy Edwards Bell (Spartanburg)

James Luther Bullard, Ph.D. (Taylors)

Vanessa Stuckey (Greenville)

FIFTH CONGRESSIONAL DISTRICT

Seat 5

Doris Gathings Johnson (Rock Hill)

Patricia M. Henegan (Bennettsville)

Dorothy Jean Killian (Rock Hill)

Cheryl S. McFadden (Rock Hill)

J.E. Pendergrass (Rock Hill)

Dr. J. W. Sanders (Gaffney)

Gloria Scott (Newberry)

AT-LARGE

Seat 11

Arnold Collins (Charleston)

Warren A. Darby (Columbia)

Jannette L. Henry (Winnsboro)

Helen R. Wilsford (Orangeburg)

Dr. Thomas J. Wilson (Timmonsville)

Gilbert "GiGi" Zimmerman (Beaufort)

One seat at-large.

John A. McAllister, Jr.

Three seats at-large.

Clotilda D. Diggs (Florence)

Frank Hart (Marion)

Elizabeth Thrailkill (Fort Lawn)

SENATOR WARREN GIESE
SENATOR MAGGIE WALLACE GLOVER
SENATOR ALEXANDER S. MACAULAY
SENATOR JOE WILSON
REPRESENTATIVE CURTIS B. INABINETT
REPRESENTATIVE JENNINGS G. MCABEE
REPRESENTATIVE EUGENE C. STODDARD
REPRESENTATIVE H. HOWELL CLYBORNE, JR.

May 26, 1993

On motion of Rep. STODDARD, the Report was ordered printed in the Journal.

The following was received.
Columbia, S.C., May 26, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Patterson of the Committee of Conference on the part of the Senate on H. 3610 (General Appr. Bill):

H. 3610 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; (Abbreviated Title)
Very respectfully,
President

No. 404

Received as information.

The following was received.
Columbia, S.C., May 26, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 352:

S. 352 -- Senators Washington, Jackson, Ford, Glover and Hayes: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The Senate sent to the House the following:

S. 793 -- Senators Setzler and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DOROTHY TURNER OF WEST COLUMBIA, A TEACHER AT THE WIL LOU GRAY OPPORTUNITY SCHOOL, FOR AN EXEMPLARY FIFTY-YEAR CAREER IN EDUCATION AND TO WISH HER CONTINUED SUCCESS AS ONE OF SOUTH CAROLINA'S MOST OUTSTANDING TEACHERS.

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

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

H. 4246 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1643, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4247 -- Rep. Baxley: A BILL TO AMEND SECTION 56-3-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO PROVIDE FOR PRORATION OF THE FEES.

Referred to Committee on Ways and Means.

H. 4248 -- Reps. J. Harris and Baxley: A BILL TO ABOLISH THE CHESTERFIELD COUNTY BOARD OF VOTER REGISTRATION AND CHESTERFIELD COUNTY ELECTION COMMISSION, AND TO CREATE THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION.

On motion of Rep. J. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4249 -- Rep. Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-215 SO AS TO PROVIDE THE DAILY CREEL LIMIT AND SIZE LIMIT ON LARGE MOUTH BASS ON LAKES JOCASSEE AND KEOWEE; AND TO AMEND SECTION 50-9-460, RELATING TO NONRESIDENT FISHING LICENSES, SO AS TO INCREASE THE LICENSE FEE AND CLARIFY ITS USE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4250 -- Reps. T.C. Alexander, J. Bailey, Elliott, Richardson, Cato, R. Smith and Harvin: A JOINT RESOLUTION TO PROVIDE FOR AN INDEPENDENT AUDIT OF EACH MEMBER INSURER OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO PROVIDE THAT A REPORT OF FINDINGS BE PERFORMED JOINTLY BY THE CHIEF INSURANCE COMMISSIONER, THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE, AND THE SENATE BANKING AND INSURANCE COMMITTEE; TO PROVIDE FOR THE DISSEMINATION OF THIS INDEPENDENT AUDIT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE PROVISIONS OF R.136 OF 1993, RELATING TO, AMONG OTHER THINGS, SOLICITING AN INVITATION FOR BIDS FOR SERVICES USED OR PAID FOR BY THE REINSURANCE FACILITY, TERMINATION OF CERTAIN CONTRACTS, AND CONDUCTING CERTAIN AUDITS, SHALL BE IMPLEMENTED BY THE CHIEF INSURANCE COMMISSIONER IN A TIMELY MANNER SO AS TO ENSURE THE EFFICIENT OPERATION OF THE REINSURANCE FACILITY.

Rep. T.C. ALEXANDER moved to waive Rule 5.12, which was agreed to by a division vote of 21 to 0.

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4251 -- Rep. Felder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN CALHOUN COUNTY UNTIL JULY 1, 1994.

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

Rep. WHIPPER objected.

Referred to Calhoun Delegation.

H. 4252 -- Reps. Kennedy, Snow and Harvin: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN WILLIAMSBURG COUNTY UNTIL JULY 1, 1994.

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

Rep. WHIPPER objected.

Referred to Williamsburg Delegation.

S. 507 -- Senators Giese, Martin, Passailaigue, Washington, Rose, Ryberg, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.

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

S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

Rep. T.C. ALEXANDER moved to waive Rule 5.12, which was agreed to by a division vote of 18 to 0.

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Rep. WILKINS moved that when the House adjourns it adjourn to meet in Local Session tomorrow and in Statewide Session at 2:00 P.M. on Monday, May 31, which was agreed to.

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Barber                 Baxley                 Beatty
Breeland               Brown, H.              Canty
Carnell                Cato                   Chamblee
Cobb-Hunter            Cooper                 Davenport
Delleney               Farr                   Gamble
Gonzales               Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hines                  Holt
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Rhoad
Richardson             Riser                  Robinson
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stone
Stuart                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Walker                 Wells                  Whipper
White                  Wilder, D.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

I came in after the roll call and was present for the Session on Thursday, May 27.

Joseph B. Wilder                  James H. Hodges
William D. Boan                   John G. Felder
Ronald C. Fulmer                  Timothy F. Rogers
Dave C. Waldrop, Jr.              Michael L. Fair
James L.M. Cromer, Jr.            H. Howell Clyborne, Jr.
Joseph H. Neal                    John J. Snow, Jr.
Thomas E. Huff                    Paula H. Thomas
Larry L. Elliott                  Dell Baker
Roland S. Corning                 James J. Bailey
Jerry N. Govan, Jr.               Grady A. Brown
Richard M. Quinn, Jr.             C. Alex Harvin, III
Joseph T. McElveen, Jr.

Reps. GRAHAM and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 26.

The following Bill was taken up.

H. 4218 -- Rep. Farr: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR UNION COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR UNION COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE UNION COUNTY ELECTION COMMISSION AND THE UNION COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW UNION COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

Rep. FARR, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6082DW.93), which was adopted.

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

/SECTION     1.     (A)     There is created the Board of Election and Registration of Union County. There are nine members of the board who must be appointed by the Governor upon recommendation of a majority of the Union County Legislative Delegation, including the Senators, who are appointed for terms of four years and until their successors are appointed and qualify, except that initially in order to stagger terms, four members must be appointed for terms of two years. At the expiration of these two-year terms, successors must be appointed for terms of four years. The board shall elect such officers as it considers necessary.

(B)     Between the first day of January and the fifteenth day of March of every even-numbered year, the Governor shall appoint the members of the board.

(C)     Vacancies on the board may be filled by appointment in the manner of original appointment for the unexpired term only.

(D)     The members of the board staff shall receive compensation as may be appropriated by the county council upon the recommendation of the county legislative delegation.

(E)     Staff may be appointed and may be removed by a majority vote of the members of the Union County Legislative Delegation.

SECTION     2.     The Office of Commissioners of Election and the Registration Board for Union County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the board created in Section 1.

SECTION     3.     The current members of the Union County Election Commission and the Union County Registration Board shall act as the governing board of the new Board of Election and Registration of Union County established pursuant to the provisions of this act until the nine members of this board appointed in the manner provided by this act take office. At this time, the terms of these former commissioners of election and registration board members shall expire.

SECTION     4.     This act takes effect July 1, 1993./

Amend title to conform.

The Bill, as amended, was read the third time and ordered sent the Senate.

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

H. 4231 -- Rep. Elliott: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 3 IN MARION COUNTY TO BORROW NOT EXCEEDING THREE HUNDRED THOUSAND DOLLARS FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND REPAIRING SCHOOLS AND SCHOOL BUILDINGS IN THE DISTRICT; TO PROVIDE FOR THE METHOD OF PAYMENT OF THE LOAN AND INTEREST BY THE BOARD; AND TO PROVIDE THAT THE INTEREST EARNED IS NOT TAXABLE INCOME OR SUBJECT TO INSURANCE PREMIUM TAXES.

H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.

H. 3346 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-354 SO AS TO PROHIBIT THE HUNTING OF DEER ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS IN GAME ZONE 2 AND PROVIDE PENALTIES.

H. 4185 -- Reps. Farr, P. Harris, Carnell, Quinn, Neilson, Stone, Mattos, Koon, Littlejohn, McCraw, Phillips, Delleney, Riser and D. Wilder: A BILL TO AMEND THE 1976 CODE BY ADDING ARTICLE 6 TO CHAPTER 6, TITLE 44 SO AS TO PROVIDE FOR TRUSTS and THEIR REQUIREMENTS IN ORDER FOR A TRUST BENEFICIARY TO QUALIFY FOR MEDICAID FOR NURSING HOME CARE; and TO AMEND SECTION 62-5-420, RELATING TO CONSERVATORS, SO AS TO PROVIDE THAT THE ESTABLISHMENT OF A TRUST MEETING CERTAIN CRITERIA IS NOT A TRANSFER OR ALIENATION OF PROPERTY.

H. 4187 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO LICENSES; REVOCATION AND SUSPENSION, RENEWAL; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1637, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4199 -- Rep. Boan: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD RELATING TO STATE EMPLOYEE GRIEVANCE COMMITTEE PROCEDURES AND STATE PERSONNEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1586, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3045 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-175, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PAY PER DIEM IN AN AMOUNT IT CONSIDERS NECESSARY TO, INCLUDING, BUT NOT LIMITED TO, A MEMBER OF A COUNTY BOARD OF ASSESSMENT APPEALS WHEN THE MEMBER TRAVELS OUTSIDE OF THE COUNTY AND INCURS EXPENSES RELATED TO HIS DUTIES WHILE SERVING ON THE BOARD.

H. 3684 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-781 SO AS TO PROVIDE THAT CERTAIN INFORMATION CONTAINED IN OFFICIAL JUVENILE RECORDS MAY BE RELEASED TO SCHOOL OFFICIALS, AND TO PROVIDE PROCEDURES FOR REQUESTS.

H. 3959 -- Reps. Baxley, Allison, J. Brown, Cobb-Hunter, Corning, Davenport, Gamble, Harvin, Harwell, Hines, Jaskwhich, Keegan, Keyserling, Neal, Phillips, Scott, Sharpe, Shissias, R. Smith, D. Smith, Snow, Thomas, Waites, Wells, Whipper, D. Wilder, J. Wilder, Stuart, Meacham, Canty, Rudnick, Kelley, A. Young, Witherspoon, Byrd, Simrill, Fulmer, Hallman, Riser, Rogers and Neilson: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR PARDON, SO AS TO PROVIDE THAT AN INMATE MAY BE CONSIDERED FOR PARDON BEFORE PAROLE ELIGIBILITY UPON EVIDENCE OF A HISTORY OF DOMESTIC VIOLENCE AT THE HANDS OF THE VICTIM WHICH CONTRIBUTED TO THE COMMISSION OF THE OFFENSE BY THE INMATE.

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 3894 -- Reps. Cromer, A. Young, Quinn, Meacham, Fulmer, Richardson, Hallman, R. Smith, Govan, Stone, Waites, McKay, Neilson, Simrill, Jaskwhich, Houck, Davenport, J. Harris, P. Harris, Hines, Hutson, Gamble, Cato, Vaughn, Shissias, Chamblee, Wright, Keyserling, Keegan, Spearman, H. Brown, Allison, Thomas, Harrell, Riser, Byrd, Klauber, Waldrop, Stille, R. Young, Barber, Kelley, Gonzales, Holt, Delleney, Jennings, Canty and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION     1.     Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:

"No person who has been convicted of a felony punishable by imprisonment of not less than five years under federal law or the law of any state, that was a felony at the time and in the jurisdiction the offense was committed, or who has pled guilty or nolo contendere to such a felony is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provisions of this Constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time."

SECTION     2.     The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law punishable by imprisonment for not less than five years, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time, is served?

Yes             [ ]                                 No             [ ]     Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION     3.     Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:

"In addition to the requirements provided in the preceding paragraph, no person may be popularly elected to an office in this State or its political subdivisions who has been convicted of a felony punishable by imprisonment of not less than five years under federal law or the law of any state that was a felony at the time and in the jurisdiction the offense was committed, or who has pled guilty or nolo contendere to such a felony. However, notwithstanding any other provisions of this constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time."

SECTION     4.     The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law punishable by imprisonment for not less than five years, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time, is served?

Yes             [ ]                                 No             [ ]     Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION     5.     Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:

"Section 1.     No person shall may be popularly elected to any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."

SECTION     6.     The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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. 702 -- Education Committee: A BILL TO AMEND SECTIONS 59-109-30, 59-109-50, 59-109-70, 59-109-80, 59-109-90, 59-109-100, 59-109-110, 59-109-120, 59-109-130, 59-109-140, AND 59-109-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY ACT FOR PRIVATE NONPROFIT INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE DEFINITIONS AND PROVIDE ADDITIONAL DEFINITIONS; TO REVISE AND ADD ADDITIONAL POWERS TO THE AUTHORITY, INCLUDING THE POWER TO ENTER INTO AGREEMENTS NECESSARY OR INCIDENTAL FOR ISSUING BONDS OR COMPLETING A PROJECT, TO ENTER INTO FINANCING AGREEMENTS, TO MAKE BOND PROCEEDS AVAILABLE BY LOAN PURSUANT TO A FINANCING AGREEMENT, TO LEASE OR SELL PROJECTS PURSUANT TO A FINANCING AGREEMENT, TO PLEDGE OR ASSIGN FUNDS PURSUANT TO A FINANCING AGREEMENT TO THE PAYMENT OF BONDS; TO AUTHORIZE THE AUTHORITY TO ACQUIRE LAND FOR THE ACQUISITION OF PROJECTS; TO AUTHORIZE PROJECTS OWNED BY THE AUTHORITY AND LEASED TO A PARTICIPATING INSTITUTION TO BE TRANSFERRED TO THE INSTITUTION, AND TO AUTHORIZE FINANCING AGREEMENTS TO CONTAIN PROVISIONS ALLOWING OPTIONS TO RENEW A LEASE OR PURCHASE A PROJECT BEFORE RETIREMENT OF THE BONDS, INCLUDING PURCHASE AT LESS THAN FAIR MARKET VALUE; TO PROVIDE ADDITIONAL PROVISIONS WHICH MAY BE INCLUDED IN PROCEEDINGS AUTHORIZING OR TRUST AGREEMENT PROVIDING FOR BONDS AND A RELATED FINANCING AGREEMENT; TO PROVIDE THAT ONLY AMOUNTS PAID BY A PARTICIPATING INSTITUTION PURSUANT TO A FINANCING AGREEMENT ARE PLEDGED TO THE PAYMENT OF THE BONDS; TO PROVIDE THAT FINANCING AGREEMENTS REQUIRE INSTITUTIONS TO COMPLETE PROJECTS IF BOND PROCEEDS ARE INSUFFICIENT, TO MAKE SUFFICIENT PAYMENTS TO PAY PRINCIPAL, INTEREST, AND ANY PREMIUMS ON BONDS, AND TO MAINTAIN RESERVES AS SET BY THE AUTHORITY, AND TO ALLOW THE AUTHORITY TO REQUIRE OTHER SETASIDES OF AMOUNTS DERIVED FROM FINANCING AGREEMENTS; TO PROVIDE THAT BONDS MAY BE ISSUED PURSUANT GENERALLY TO PROCEEDINGS RATHER ONLY BY RESOLUTION, AND TO PROVIDE THAT A PARTICIPATING PUBLIC INSTITUTION OF HIGHER LEARNING IN OPERATING OR MAINTAINING A PROJECT IS AN ESSENTIAL PUBLIC FUNCTION.

S. 340 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSIONER OF MENTAL HEALTH ACTING AS THE CONSERVATOR FOR A PATIENT IN A STATE FACILITY AND RECEIVING FUNDS ON BEHALF OF AND FOR THE USE OF SUCH A PATIENT, SO AS TO DELETE THE PROVISION REQUIRING A BALANCE LEFT BY A DECEASED PATIENT TO BE RETURNED TO THE JUDGE OF PROBATE IN THE PATIENT'S COUNTY FOR DISTRIBUTION.

S. 341 -- Senator Bryan: A BILL TO AMEND SECTION 44-24-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S REVIEW AND DISPOSITION OF A CHILD ADMITTED AS AN INPATIENT TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE COURT MAY FIND A CHILD WAS ADMITTED INVOLUNTARILY BUT THAT THE ADMISSION WAS NECESSARY AND TO PROVIDE REQUIREMENTS WHEN THIS IS THE FINDING.

S. 545 -- Senator Saleeby: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL LIFE INSURANCE AND THE PROVISIONS THAT A LIFE INSURANCE POLICY FOR THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS IS NOT SUBJECT TO CLAIMS OF THE INSURED'S CREDITORS, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND TO PROVIDE, AMONG OTHER THINGS, THAT PROCEEDS AND CASH SURRENDER VALUES OF LIFE INSURANCE PAYABLE TO A BENEFICIARY OTHER THAN THE INSURED'S ESTATE IN WHICH SUCH PROCEEDS AND CASH SURRENDER VALUES ARE EXPRESSED TO BE FOR THE PRIMARY BENEFIT OF THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS ARE EXEMPT FROM CREDITORS WHETHER OR NOT THE RIGHT TO CHANGE THE BENEFICIARY IS RESERVED AND WHETHER OR NOT THE POLICY IS PAYABLE TO THE INSURED IF THE BENEFICIARY DIES FIRST EXCEPT UNDER CERTAIN CONDITIONS, AND THAT BENEFITS OF ACCIDENT AND DISABILITY CONTRACTS ARE EXEMPT FROM CLAIMS OF THE CREDITORS OF THE INSURED.

S. 661 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-35-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY AND ELIGIBILITY FOR EXTENDED BENEFITS, SO AS TO PROVIDE THAT AN INDIVIDUAL IS NOT ELIGIBLE TO RECEIVE EXTENDED BENEFITS WITH RESPECT TO ANY WEEK OF UNEMPLOYMENT IN HIS ELIGIBILITY PERIOD IF THE INDIVIDUAL HAS BEEN DISQUALIFIED FOR REGULAR OR EXTENDED BENEFITS BECAUSE HE OR SHE WAS DISCHARGED FOR "CAUSE", RATHER THAN FOR "MISCONDUCT"; AND TO PROVIDE FOR THE SUSPENSION OF CERTAIN PROVISIONS OF SECTION 41-35-420 FOR WEEKS OF UNEMPLOYMENT BEGINNING AFTER MARCH 6, 1993, AND BEFORE JANUARY 1, 1995.

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

S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.

S. 482 -- Senators J. Verne Smith, O'Dell, Wilson, McConnell, Passailaigue, Leatherman and Martin: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.

S. 537 -- Senators Stilwell, J. Verne Smith, Thomas and Leatherman: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

S. 355 -- Senators Martin, Giese and J. Verne Smith: A BILL TO AMEND SECTION 41-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHEN AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE OCCURS WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR, THE EMPLOYER SHALL PREVENT THE DESTRUCTION, ALTERATION, OR REMOVAL OF ANY ITEMS, DOCUMENTS, OR EQUIPMENT FROM THE WORKSITE UNLESS THE PRIOR APPROVAL OF THE COMMISSIONER OF LABOR OR HIS DESIGNATED REPRESENTATIVE HAS BEEN OBTAINED; TO AMEND SECTION 41-15-280 OF THE 1976 CODE, SO AS TO PROVIDE AN EXCEPTION TO THE PROHIBITION THAT A CITATION MAY NOT BE ISSUED UNDER THIS SECTION AFTER THE EXPIRATION OF SIX MONTHS FOLLOWING THE OCCURRENCE OF ANY VIOLATION BY PROVIDING THAT A CITATION MAY BE ISSUED NO MORE THAN ONE YEAR FOLLOWING THE OCCURRENCE OF A VIOLATION WHICH IS DISCOVERED DURING THE INVESTIGATION OF AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR; AND TO AMEND SECTION 42-19-40 OF THE 1976 CODE, SO AS TO PROVIDE THAT SUCH RECORDS OF THE COMMISSION, WHICH ARE NOT OPEN TO THE PUBLIC, INSOFAR AS THEY REFER TO ACCIDENTS, INJURIES, AND SETTLEMENTS, MAY BE INSPECTED BY OTHER STATE AGENCIES SATISFYING THE COMMISSION OF THEIR INTEREST IN SUCH RECORDS AND OF THE RIGHT TO INSPECT THEM.

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

H. 4232 -- Reps. Jennings and Neilson: A BILL TO AMEND SECTION 7-7-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN MARLBORO COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

H. 4239 -- Reps. Kennedy and Harvin: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION WITH IT.

H. 4242 -- Reps. Wofford, H. Brown, Williams and Law: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

H. 3984 -- Rep. McAbee: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD TO CHARITABLE HOSPITALS PREDOMINANTLY SERVING CHILDREN WHICH ARE ALSO EXEMPT FROM THE PROPERTY TAX, WHERE CARE IS PROVIDED WITHOUT CHARGE TO THE PATIENT.

H. 4130 -- Rep. Boan: A BILL TO AMEND SECTION 59-115-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO ISSUE REVENUE BONDS UNDER THE STATE EDUCATION ASSISTANCE ACT, SO AS TO DELETE A REFERENCE TO THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS WHICH MAY BE OUTSTANDING AT ANY TIME AND PROVIDE FOR A PARITY BOND TEST FOR THE ISSUANCE OF ADDITIONAL BONDS.

H. 4208 -- Rep. Harrell: A JOINT RESOLUTION TO EXTEND THE EXPIRATION DATE OF EXISTING TRANSITIONAL REAL ESTATE APPRAISER LICENSES ISSUED UNDER SECTION 40-60-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAY 1, 1994, OR UNTIL AN APPRENTICE APPRAISER CLASSIFICATION IS ESTABLISHED BY STATUTE, WHICHEVER OCCURS FIRST.

H. 4210 -- Reps. Sheheen and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT IF THE ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES CONGRESS EXTENDS CERTAIN EFFECTIVE DATES IN THE RCRA SUBTITLE D MUNICIPAL SOLID WASTE LANDFILL CRITERIA, ANY EXTENSION APPLIES TO ALL MUNICIPAL SOLID WASTE LANDFILLS IN THIS STATE TO WHICH THE CRITERIA APPLY.

S. 682 -- Senators Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE TO COMMEMORATE ENDANGERED SPECIES AND FOR THE USE OF RELATED REVENUE.

S. 740 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 293 -- Senators Mitchell and Mescher: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY TRAILER, SEMITRAILER, POLE TRAILER, OR UTILITY TRAILER MUST BE PAINTED WITH A LIGHT REFLECTING PAINT OR AFFIXED WITH A LIGHT REFLECTING TAPE IN A STRIP TO ENCOMPASS THE ENTIRE PERIMETER OF THE VEHICLE.

On motion of Rep. KENNEDY, with unanimous consent, it was ordered that H. 4239 be read the third time tomorrow.

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 4242 be read the third time tomorrow.

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3984 be read the third time tomorrow.

On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 4208 be read the third time tomorrow.

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 4210 be read the third time tomorrow.

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 682 be read the third time tomorrow.

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 740 be read the third time tomorrow.

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 293 be read the third time tomorrow.

The following Bill was taken up.

H. 4216 -- Rep. Davenport: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN SPARTANBURG COUNTY UNTIL JULY 1, 1994.

Rep. DAVENPORT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10618SD.93).

Amend the bill, as and if amended, in SECTION 1, by striking /Spartanburg County/ on line 23 of page 1, and inserting /this state/.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. SHISSIAS raised the Point of Order that H. 4216 was out of order as it was unconstitutional in that where a general law can be made applicable, no special law can be enacted in accordance with Article III, Section 34, Subsection 9 of the Constitution.

The SPEAKER stated that that would not prevent the House from passing such a Bill because the point of Constitutionality was not a point which would stop or prevent a Bill unless it was a precedural control on the House and there are several procedural controls but the prohibition which prevents special legislation from being enacted does not stop the process and does not prevent the House if it chooses to adopt an unconstitutional provision and he overruled the Point of Order.

Reps. SHISSIAS and WHITE objected to the Bill.

Rep. GAMBLE raised the Point of Order that Amendment No. 1 was out of order as it was not germane in that the Bill dealt with Spartanburg County and the amendment dealt with an issue that would make it statewide.

Rep. DAVENPORT argued contra the Point.

The SPEAKER stated that it made it applicable to more than one county and he overruled the Point of Order.

Reps. WAITES, SPEARMAN, COBB-HUNTER, WHIPPER, GAMBLE, MOODY-LAWRENCE, KLAUBER, MEACHAM and KEYSERLING objected to the Bill.

The following Bill was taken up.

H. 4240 -- Reps. Wofford, Law, Williams and H. Brown: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

Rep. WOFFORD moved to table the Bill, which was agreed to.

The following Bill was taken up.

H. 4243 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JULY 1, 1994.

Reps. KEYSERLING, WHIPPER, CROMER, MOODY-LAWRENCE, COBB-HUNTER, WAITES and SHISSIAS objected to the Bill.

The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day.

The following Bill was taken up.

H. 4050 -- Rep. Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-85 SO AS TO PROVIDE LICENSING REQUIREMENTS FOR AN AUCTION FIRM; BY ADDING SECTION 40-6-155 SO AS TO PROVIDE TRUST AND ESCROW ACCOUNT REQUIREMENTS FOR AUCTIONEERS; BY ADDING SECTION 40-6-175 SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ASSESS FINES FOR VIOLATIONS; BY AMENDING SECTION 40-6-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; BY AMENDING SECTION 40-6-20, AS AMENDED, RELATING TO AUCTIONS WHICH ARE NOT SUBJECT TO THE AUTHORITY OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION, SO AS TO EXEMPT AUCTIONS FOR MOTOR VEHICLES AND TO PROVIDE EXCEPTIONS TO THE EXEMPTIONS; BY AMENDING SECTION 40-6-50 AND SECTION 40-6-60, AS AMENDED, RELATING TO REQUIREMENTS TO BE LICENSED, SO AS TO INCLUDE APPRENTICE AUCTIONEERS AND AUCTION FIRMS AND TO REQUIRE PAYING CERTAIN FEES AND PROVIDING CRIMINAL HISTORY AND CREDIT RECORDS; BY AMENDING SECTIONS 40-6-70 AND 40-6-80, BOTH AS AMENDED, RELATING TO APPRENTICE AUCTIONEER AND AUCTIONEER LICENSE REQUIREMENTS, SO AS TO REQUIRE THAT THE LICENSING EXAMINATION MUST BE WRITTEN; BY AMENDING SECTION 40-6-90, RELATING TO RENEWAL OF LICENSES, SO AS TO PROVIDE FOR DATE OF ISSUANCE AND CONTINUING EDUCATION REQUIREMENTS; BY AMENDING SECTION 40-6-130, AS AMENDED, RELATING TO RECIPROCAL LICENSING, SO AS TO PROVIDE THAT A RECIPROCAL LICENSE MAY BE ISSUED IF THE APPLICANT'S RESIDENT STATE PROVIDES RECIPROCITY TO SOUTH CAROLINA RESIDENTS; BY AMENDING SECTION 40-6-150, RELATING TO WRITTEN AGREEMENTS TO CONDUCT AUCTIONS AND RECORDS OF SALES, SO AS TO REQUIRE THAT THESE AGREEMENTS AND RECORDS MUST BE MADE AVAILABLE TO THE COMMISSION ON REQUEST; BY AMENDING SECTION 40-6-160, AS AMENDED, RELATING TO GROUNDS FOR DENIAL, SUSPENSION, AND REVOCATION OF LICENSES, SO AS TO PROVIDE PROCEDURES FOR INVESTIGATIONS, TO ADD VIOLATIONS FOR MAKING FALSE STATEMENTS ON APPLICATIONS AND IN INVESTIGATIONS, FOR COMMINGLING FUNDS, FOR FAILING TO PAY FINES, FOR FAILING TO DISCLOSE REQUIRED INFORMATION, AND FOR LACK OF FINANCIAL RESPONSIBILITY, TO AUTHORIZE THE COMMISSION ALSO TO ISSUE ORDERS FOR COMPLIANCE AND TO PLACE A LICENSEE ON PROBATION; BY AMENDING SECTION 40-6-180, AS AMENDED, RELATING TO NOTICE AND HEARING REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS; BY AMENDING SECTION 40-6-200, RELATING TO THE AUCTIONEER RECOVERY FUND, SO AS TO PROVIDE THAT NEW LICENSEES MUST CONTRIBUTE TO THE FUND AND TO PROVIDE HOW EXCESS FUNDS MAY BE EXPENDED; BY AMENDING SECTION 40-6-220, RELATING TO CLAIMS UNDER THE FUND, SO AS TO PROVIDE THAT A PERSON'S LICENSE MAY BE SUSPENDED OR REVOKED AFTER PAYMENT OF A CLAIM FILED AGAINST THE PERSON; AND BY PROVIDING THAT CONTINUING EDUCATION REQUIREMENTS TAKE EFFECT JUNE 30, 1995.

Rep. WILKES, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11496AC.93), which was adopted.

Amend the bill, as and if amended, by deleting Section 40-6-85(B) beginning on page 2.

Amend further, Section 40-6-150, page 12, line 35 by deleting /may not be required/ and inserting /is not be required/.

Amend further by deleting Section 40-6-160(9) on page 14 and inserting:

(9)     failed to maintain or to deposit in a trust or escrow account in an insured bank or savings and loan association within three business days funds received for another person through sale at auction, unless otherwise required by law;/.

Renumber subsections to conform.

Amend title to conform.

Rep. WILKES explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time, and ordered sent the Senate.

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Monday, May 31, which was adopted.

H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.

The following Bill was taken up.

H. 3689 -- Reps. Wilkes, Wright, Sharpe, Harrison, Vaughn, Wells, R. Smith, Witherspoon, Littlejohn, Walker, Davenport, Fulmer, Riser, Jaskwhich, Clyborne and Stone: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.

Rep. M.O. ALEXANDER moved to table the Bill, which was agreed to.

The following Bill was taken up.

S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.

Reps. SIMRILL and KIRSH objected to the Bill.

Reps. LANFORD and COBB-HUNTER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11502AC.93), which was adopted.

Amend the bill, as an if amended, page 7, line 3, by inserting after /autopsy/ /if SLED determines that an autopsy is necessary/.

Amend the bill further by deleting SECTION 4, page 12, lines 19 through 33, and inserting:

/SECTION     4.     The 1976 Code is amended by adding:

"Section 17-5-140.     The county coroner within twenty-four hours or one working day, whichever occurs first, shall notify the department when a child dies in any county of the State:

(1)     as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or

(2)     when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.

For the purposes of this section, a child is not considered to be 'unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."/

Amend the bill further by deleting SECTION 5, page 12, lines 35 through 43, and page 13, lines 1 through 6, and inserting:

/SECTION     5.     The 1976 Code is amended by adding:

"Section 17-5-265.     The county medical examiner within twenty-four hours or one working day, whichever occurs first, shall notify the department when a child dies in any county of the State:

(1)     as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or

(2)     when the death is unexpected and unexplained including, but not limited to, possible sudden infant syndrome.

For the purposes of this section, a child is not considered to be 'unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."/

Amend further, SECTION 12, Section 44-63-110, page 15, line 28, after /year./ and inserting /If certified by a county that the county lacks the funds needed to perform autopsies required by this article, surplus funds may be used to assist counties with the expenses related to the cost of performing these autopsies./

Amend title to conform.

Rep. LANFORD 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. COBB-HUNTER, with unanimous consent, it was ordered that S. 567 be read the third time tomorrow.

The following Bill was taken up.

H. 4128 -- Rep. Canty: A BILL TO AMEND SECTION 59-63-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT SCHOOLS IN ADJACENT COUNTIES, SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION PERMISSIVE RATHER THAN MANDATORY.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7270SD.93), which was tabled.

Amend the bill, as and if amended, Section 59-63-480 as contained in SECTION 1, by adding at the end of the section:

/Written notification of acceptance of a pupil must be provided to the board of trustees of the district in which the pupil resides by the board of trustees of the school district in the adjacent county accepting the pupil with ten days of acceptance./

When amended Section 59-63-480 shall read:

/Section 59-63-480.     If school children in one county reside closer to schools in an adjacent county, they may attend such schools upon the school authorities of the county of their residence arranging with the school officials of the adjacent county for such admission and upon payment of appropriate charges as herein authorized. The board of trustees in the school district in which the pupils reside shall may make written application through its county board of education to the board of trustees of the district in which the school is located for the admission of such children, giving full information as to ages, residence and school attainment, and the board of trustees in the school district, agreeing to accept such pupils, shall give a written statement of agreement. Upon receipt of such application the board of trustees of the school and its county board of education shall determine the monthly per pupil cost of all overhead expenses of the school, which will include all expenses of the school not paid by the State. Upon proper arrangement being made for the payment monthly of such overhead per pupil cost for each such child the same shall be admitted to the schools of the adjacent county.

Written notification of acceptance of a pupil must be provided to the board of trustees of the district in which the pupil resides by the board of trustees of the school district in the adjacent county accepting the pupil within ten days of acceptance./

Amend title to conform.

Rep. WRIGHT moved to table the amendment, which was agreed to.

Reps. WRIGHT, TOWNSEND, KENNEDY and PHILLIPS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6084SD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 59-63-480 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 59-63-480.     If school children in one county reside closer to schools in an adjacent county, they may attend such schools upon the school authorities of the county of their residence arranging with the school officials of the adjacent county for such admission and upon payment of appropriate charges as herein authorized. The board of trustees in the school district in which the pupils reside shall make written application through its county board of education to the board of trustees of the district in which the school is located for the admission of such children, giving full information as to ages, residence and school attainment, and the board of trustees in the school district, agreeing to accept such pupils, shall give a written statement of agreement. Upon receipt of such application the board of trustees of the school and its county board of education shall determine the monthly per pupil cost of all overhead expenses of the school, which will include all expenses of the school not paid by the State. Upon proper arrangement being made for the payment monthly of such overhead per pupil cost for each such child the same shall be admitted to the schools of the adjacent county.

Written notification of acceptance of a pupil must be provided to the board of trustees of the district in which the pupil resides by the board of trustees of the school district in the adjacent county accepting the pupil within fifteen days of acceptance./

Amend title to conform.

Rep. WRIGHT 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. G. BAILEY, with unanimous consent, it was ordered that H. 4128 be read the third time tomorrow.

The following Bill was taken up.

S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

Rep. BEATTY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4667AL.93), which was adopted.

Amend the bill, as and if amended, by striking Section 22-3-545(A) and inserting:

/(A)     Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1992 until July 1, 1993 1994, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed./

Amend title to conform.

Rep. BEATTY 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. TUCKER, with unanimous consent, it was ordered that S. 455 be read the third time tomorrow.

The SPEAKER granted Rep. CROMER a leave of absence for the remainder of the day.

Rep. RUDNICK moved to adjourn debate upon the following Bill until Monday, May 31, which was adopted.

H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.

The following Bill was taken up.

H. 3336 -- Reps. Snow, Sharpe, Witherspoon, Rhoad, Riser and Worley: A BILL TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DRIVERS OF COMMERCIAL VEHICLES TO HAVE COMMERCIAL DRIVERS' LICENSES AND THE EXCEPTIONS TO THE REQUIREMENT, SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE RESTRICTED COMMERCIAL DRIVERS' LICENSES IN ACCORDANCE WITH FEDERAL LAW AND APPLICABLE REGULATIONS AND TO ALLOW OPERATORS OF VEHICLES OF FARM-RELATED SERVICE INDUSTRIES TO OPERATE THESE VEHICLES WITH A RESTRICTED COMMERCIAL DRIVER'S LICENSE IF THE VEHICLES ARE OPERATED IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS.

Rep. SNOW proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6012HC.93), which was adopted.

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

/SECTION     1.     Section 56-1-2030 of the 1976 Code is amended by adding two appropriately numbered items to read:

"( )     'Farm related vehicle' means a vehicle used (a) in custom harvester operations, (b) in livestock feeding operations, or (c) by an agri-chemical business or a company which hauls agri-chemical products to a farm.

( )     'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business."

SECTION     2.     Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-2085.     (A)     No person may drive a commercial vehicle in this State in violation of any of the restrictions or limitations stated on the person's commercial license or restricted commercial license.

(B)     The department may issue a seasonal restricted commercial driver's license in accordance with this section.

(C)     A South Carolina seasonal restricted commercial driver's license may be issued only to a person who:

(1)     is a seasonal employee of a custom harvester, livestock feeder, or an agri-chemical business;

(2)     holds a valid South Carolina Class E (2) or F (3) driver's license or takes and successfully completes the required written and skill test for a class E (2) license;

(3)     has at least one year driving experience as a licensed driver; and

(4)     has satisfied every requirement for issuance of a commercial driver's license, except successful completion of the knowledge and skill test.

(D)     The department may not issue or renew a seasonal restricted commercial driver's license for the operation of a commercial vehicle unless the applicant has not and certifies that he has not at any time during the two years immediately preceding the date of application:

(1)     had more than one driver's license;

(2)     had any driver's license or driving privileges suspended, revoked, or canceled;

(3)     been subject to disqualification listed in 383.51 of the Federal Motor Carrier Regulations;

(4)     contributed to an accident;

(5)     received more than four points against his license.

(E)     The applicant shall certify and provide evidence satisfactory to the department that he is employed on a seasonal basis by a custom harvester, livestock feeder, agri-chemical business, or a company hauling agri-chemical products to a farm in a job requiring the operation of a commercial vehicle.

(F)     A seasonal restricted commercial driver's license entitles the licensee to operate type B and C commercial vehicles only, with the proper restriction or endorsement, or both.

(G)     A seasonal restricted commercial driver's license does not entitle the licensee to operate a Class A type commercial vehicle or a vehicle placarded for hazardous materials.

(H)     A seasonal restricted commercial driver's license is valid for one hundred eighty days from the date of issue in one calendar year.

(I)     A seasonal restricted commercial driver's license allows the driver to operate within one hundred fifty miles of the place of business as shown on the vehicle registration."

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. PHILLIPS 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. SNOW, with unanimous consent, it was ordered that H. 3336 be read the third time tomorrow.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

Reps. BREELAND and HINES withdrew their objections to the following Bill.

S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

Rep. HINES withdrew his objection to the following Bill.

H. 3387 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.

Reps. MARCHBANKS, COOPER, CATO and STODDARD withdrew their objections to the following Bill.

S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.

Reps. COBB-HUNTER, KEYSERLING and WHIPPER withdrew their objections to H. 4243 however, other objections remained upon the Bill.

Rep. WHITE withdrew her objection to the following Bill.

H. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.

Rep. FAIR withdrew his objection to the following Bill.

S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.

Rep. SPEARMAN withdrew her objection to H. 4216 however, other objections remained upon the Bill.

Rep. MOODY-LAWRENCE withdrew her objection to H. 4243 however, other objections remained upon the Bill.

Rep. T.C. ALEXANDER asked unanimous consent to recall S. 589 from the Committee on Labor, Commerce and Industry.

Rep. RUDNICK objected.

Rep. RUDNICK asked unanimous consent to recall H. 4220 from the Committee on Education and Public Works.

Rep. SHARPE objected.

Rep. RHOAD asked unanimous consent to recall H. 3793 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. KEYSERLING objected.

Rep. COOPER moved that the House recur to the morning hour, which was agreed to.

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

H. 4244 -- Reps. Graham, T.C. Alexander, G. Bailey, Barber, Baxley, H. Brown, Canty, Carnell, Cato, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Gamble, Govan, Hallman, Harrell, Harrison, Harvin, Harwell, Holt, Hutson, Inabinett, Kelley, Keyserling, Klauber, Koon, Law, Mattos, McAbee, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rogers, Rudnick, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Trotter, Tucker, Waites, Wells, Whipper, Wilkes, Wofford, A. Young and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE ORGANIZATIONS AND AGENCIES INVOLVED IN "OPERATION CHILD ALERT" IN SOUTH CAROLINA FOR THEIR EFFORTS IN ATTEMPTING TO HELP PROMPTLY RECOVER CHILDREN UNDER THE AGE OF TWELVE WHO ARE ABDUCTED OR ARE OTHERWISE MISSING UNDER SUSPICIOUS OR UNLAWFUL CIRCUMSTANCES, AND TO MEMORIALIZE THE FEDERAL COMMUNICATIONS COMMISSION TO ALLOW "OPERATION CHILD ALERT" TO BECOME PART OF THE EMERGENCY BROADCASTING SYSTEM, THEREBY GIVING NATIONAL EXPOSURE TO THESE CASES.

On motion of Rep. GRAHAM, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4244 -- Reps. Graham, T.C. Alexander, G. Bailey, Barber, Baxley, H. Brown, Canty, Carnell, Cato, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Gamble, Govan, Hallman, Harrell, Harrison, Harvin, Harwell, Holt, Hutson, Inabinett, Kelley, Keyserling, Klauber, Koon, Law, Mattos, McAbee, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rogers, Rudnick, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Trotter, Tucker, Waites, Wells, Whipper, Wilkes, Wofford, A. Young and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE ORGANIZATIONS AND AGENCIES INVOLVED IN "OPERATION CHILD ALERT" IN SOUTH CAROLINA FOR THEIR EFFORTS IN ATTEMPTING TO HELP PROMPTLY RECOVER CHILDREN UNDER THE AGE OF TWELVE WHO ARE ABDUCTED OR ARE OTHERWISE MISSING UNDER SUSPICIOUS OR UNLAWFUL CIRCUMSTANCES, AND TO MEMORIALIZE THE FEDERAL COMMUNICATIONS COMMISSION TO ALLOW "OPERATION CHILD ALERT" TO BECOME PART OF THE EMERGENCY BROADCASTING SYSTEM, THEREBY GIVING NATIONAL EXPOSURE TO THESE CASES.

Whereas, in South Carolina several hundred children under the age of twelve are abducted or become missing each year under unexplained circumstances and nationally this unfortunate figure runs into the thousands; and

Whereas, because of this terrible problem a group of concerned organizations and agencies in South Carolina joined together to form "Operation Child Alert"; and

Whereas, the South Carolina Sheriffs Association, the South Carolina Law Enforcement Officers Association, the South Carolina Solicitors Association, the State Law Enforcement Division, the Governor's Office of Public Safety, the Office of Emergency Preparedness, and the South Carolina Broadcasters Association, developed this program through cooperative effort to assist in the prompt recovery of these children; and

Whereas, under Operation Child Alert if a child is reported missing and has no history of being a runaway and where there is no apparent domestic dispute involved, the local police agency having jurisdiction of the case promptly contacts SLED. SLED immediately transmits a message to all members of the South Carolina Broadcasters Association of the fact that this child is missing. The participating broadcasters then try to get on the air within a matter of minutes a bulletin that this child is missing with appropriate descriptions of the child and other vital information because the first few hours are very critical in the successful recovery of these children; and

Whereas, the citizens of this State owe a special debt of gratitude to each of these fine agencies or organizations for their fine efforts in this endeavor, to SLED and Chief Robert Stewart for volunteering to be the coordinating agency to activate this system, and to the broadcasters of South Carolina who have agreed to treat these matters as high priorities; and

Whereas, the General Assembly also calls upon the Federal Communications Commission to allow Operation Child Alert and other similar programs throughout the United States to become part of the Emergency Broadcasting System, thereby giving national coverage to the fact that these children have been abducted or are otherwise missing under suspicious circumstances. Now, therefore,

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

That the members of the General Assembly hereby commend the organizations and agencies involved in "Operation Child Alert" in South Carolina for their efforts in attempting to help promptly recover children under the age of twelve who are abducted or are otherwise missing under suspicious or unlawful circumstances.

Be it further resolved that the members of the General Assembly hereby memorialize the Federal Communications Commission to allow "Operation Child Alert" to become part of the emergency broadcasting system thereby giving national exposure to these cases.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Sheriffs Association, South Carolina Law Enforcement Officers Association, South Carolina Solicitors Association, State Law Enforcement Division, Governor's Office of Public Safety, the Office of Emergency Preparedness, South Carolina Broadcasters Association, and Federal Communications Commission.

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

Rep. FELDER, from the Calhoun Delegation, submitted a favorable report, on:

H. 4251 -- Rep. Felder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN CALHOUN COUNTY UNTIL JULY 1, 1994.

Ordered for consideration tomorrow.

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

H. 4253 -- Rep. Cromer: A BILL TO AMEND SECTIONS 7-13-330, 7-13-1340, AND 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO DELETE THE PROVISIONS WHICH ALLOW STRAIGHT PARTY TICKET VOTING FROM GENERAL ELECTION BALLOTS, STRAIGHT PARTY TICKET VOTING ON ANY TYPE OF VOTE RECORDER, AND VOTING FOR ALL OF THE CANDIDATES OF ONE PARTY BY USE OF A VOTING MACHINE.

Referred to Committee on Judiciary.

The following Bill was taken up.

H. 4059 -- Rep. Felder: A BILL TO AMEND SECTION 8-17-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF PERSONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT ATHLETICS COACHES AND UNCLASSIFIED EMPLOYEES IN ATHLETICS DEPARTMENTS OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

Rep. FELDER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5069SD.93), which was adopted.

Amend the bill, as and if amended, in Section 8-17-370(4) of the 1976 Code, as contained in SECTION 1, by adding immediately after "masters-in-equity/ on line 39 of page 1:

/, and all employees of the Commission on Prosecution Coordination/.

When amended, item (4) shall read:

/(4)     Supreme Court justices, circuit court judges, referees, receivers, magistrates, jurors, or masters-in-equity, and all employees of the Commission on Prosecution Coordination;/

Amend title to conform.

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

On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 4059 be read the third time tomorrow.

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

H. 4211 -- Reps. Cooper, Townsend, Stille, Chamblee and P. Harris: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD A NEW AREA TO THE DISTRICT.

H. 4212 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-13-175, SO AS TO PROVIDE THAT A CATCH LINE HEADING OR CAPTION WHICH IMMEDIATELY FOLLOWS THE SECTION NUMBER OF ANY SECTION OF THE CODE OF LAWS MUST NOT BE DEEMED TO BE A PART OF THE SECTION AND MUST NOT BE USED TO CONSTRUE THE SECTION MORE BROADLY OR NARROWLY THAN THE TEXT OF THE SECTION WOULD INDICATE.

S. 696 -- Senators Elliott and Rankin: A BILL TO AMEND SECTION 48-39-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF TIME PERMIT APPROVED BY SOUTH CAROLINA COASTAL COUNCIL IS VALID, SO AS TO EXTEND THE TIME FROM THREE TO FIVE YEARS AND TO TEN YEARS FOR MARINA PERMITS AND TO PROVIDE FOR EXTENSIONS AND TOLLING DURING AN APPEAL.

S. 716 -- Senator McConnell: A BILL TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL COUNCIL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN CRITICAL AREAS, SO AS TO FURTHER PROVIDE FOR THE VALIDITY OF CRITICAL AREA DELINEATIONS, AND TO PROVIDE EXCEPTIONS.

On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 4211 be read the third time tomorrow.

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4212 be read the third time tomorrow.

On motion of Rep. WILKES, with unanimous consent, it was ordered that S. 696 be read the third time tomorrow.

On motion of Rep. WILKES, with unanimous consent, it was ordered that S. 716 be read the third time tomorrow.

The SPEAKER granted Rep. M.O. ALEXANDER a leave of absence for the remainder of the day.

The following Bill was taken up.

H. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 19, by the Committee on Judiciary.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7249SD.93), which was adopted.

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

/SECTION __.     Any mortgage or other instrument executed after the effective date of this act which creates a lien upon any real property interest held by a gas or electrical utility or electric cooperative shall state on its face that the lien continues until satisfied or released of record regardless of whether or not the instrument states a maturity date, and shall also state on its face any other applicable provisions of this act which pertain to the validity, duration, or priority of such instrument./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6092SD.93), which was ruled out of order.

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered which shall read:

/SECTION ___.     The 1976 Code is amended by adding:

"Section 58-1-35.     Any public utility putting requested rate increases into effect under bond during the pendency of an appeal in the manner permitted by this title is required to post with the Public Service Commission adequate security to secure the bond. The commission in its sole discretion shall determine the adequacy of the security posted."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. JENNINGS raised the Point of Order that Amendment No. 3 was out of order as it was not germane.

Rep. RUDNICK argued contra the Point in stating that the Bill dealt with bond indebtedness of a utility and the amendment did deal with the bonded indebtedness of a utility that would go up on its rate to underbond.

The SPEAKER stated that there were several types of bonds and one being issued by the utility which indicates a debt upon which they pay principal and interest to retire and the bond being referred to in the amendment was a surety undertaking in case they were not granted a rate increase which had nothing to do with bonded indebtedness and he sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK spoke against the Bill.

Rep. HODGES explained the Bill.

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

The following Bill was taken up.

H. 3744 -- Rep. McElveen: A BILL TO AMEND SECTIONS 8-13-1300 AND 8-13-1314, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING CAMPAIGN PRACTICES AND CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT A CANDIDATE OR ANYONE ACTING ON HIS BEHALF FROM SOLICITING OR ACCEPTING A CONTRIBUTION FROM A BANK, CORPORATION, PARTNERSHIP, FIRM, OR NONCANDIDATE COMMITTEE, AS DEFINED IN SECTION 8-13-1300, AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE BY ADDING SECTION 12-7-1213, SO AS PROVIDE A TAX CREDIT OF TWENTY-FIVE DOLLARS TO INDIVIDUALS FOR POLITICAL CONTRIBUTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30162DW.93).

Amend the bill, as and if amended, by striking SECTIONS 1 and 2 which read:

/SECTION     1.     Section 8-13-1300(23) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(23) 'Noncandidate committee' means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate, public official, or ballot measure, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. 'Noncandidate committee' does not include political action committees that contribute solely to federal campaigns, candidate committees, party committees, or legislative caucus committees."

SECTION     2.     Section 8-13-1314(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:

"(5)     a contribution from a bank, corporation, partnership, firm, or a noncandidate committee, as defined in Section 8-13-1300."/

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

Rep. R. YOUNG raised the Point of Order that H. 3744 was out of order as it did not have a fiscal impact statement attached.

The SPEAKER sustained the Point of Order.

Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, June 1, which was adopted.

S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.

The following Bill was taken up.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

Rep. FELDER explained the Bill and moved to adjourn debate upon the Bill until Monday, May 31, which was adopted.

The following was received.
Columbia, S.C., May 27, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 748:

S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following Bill was taken up.

H. 3677 -- Reps. Jaskwhich, Hodges, Meacham and Barber: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11423AC.93), which was adopted.

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

/Whereas, the General Assembly finds essential the preservation of railroad rights-of-way to assure the availability of these corridors for potential future railroad revitalization and public transportation needs; and

Whereas, preservation of railroad rights-of-way and easements for present and future transportation uses and interim compatible public uses are vital to the growth and prosperity of South Carolina and serve the public purpose. Now, therefore,/

Amend further by striking all after the enacting words and inserting:

/SECTION     1.     Title 58 of the 1976 Code is amended by adding:

Section 58-20-10.     The South Carolina Department of Highways and Public Transportation is designated as the agency of the State principally responsible for preserving railroad rights-of-way for future use. This authority includes, but is not limited to, the power to apply for and to receive state, federal, or other funds for rail corridor preservation and revitalization programs but does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning use or preservation of available railroad rights-of-way or from applying or receiving funds for rail corridor preservation and revitalization programs.

Section 58-20-20.     As used in this chapter, 'department' means the South Carolina Department of Highways and Public Transportation.

Section 58-20-30.     The department shall develop and submit a state railroad corridor preservation and revitalization plan to the House Education and Public Works Committee and the Senate Transportation Committee.

Section 58-20-40.     In developing the state railroad corridor preservation and revitalization plan, the department shall:

(a)     study the feasibility of preserving existing rail corridors for future mass transit purposes;

(b) take into consideration the interests of the South Carolina Public Railways Commission, the Department of Parks, Recreation and Tourism, the Coordinating Council for Economic Development, the Public Service Commission, and other concerned agencies, departments, and commissions, affected counties, metropolitan planning organizations, cities, and towns, and regional transportation authorities;

(c)     review the rail preservation and revitalization activities within the State and in adjoining states;

(d)     examine the preservation potential for transportation uses of all corridors proposed for abandonment and evaluate existing and former railroad rights-of-way or easements within incorporated areas of the State to determine suitability of those portions within incorporated areas of the State for trail or other compatible interim public uses including, but not limited to, walking, running, use of manual or motorized wheelchairs by mobility-impaired people, bicycling, roller skating, in-line skating and, as appropriately permitted, equestrian activities and operation of certain off-road motorized vehicles. The foregoing activities are considered whether for transportation or recreational purposes;

(e)     receive and consider proposals or recommendations for projects submitted by a public or private entity or any individual;

(f) examine the availability of public and private funds in furtherance of programs consistent with this section;

(g) develop a comprehensive plan for the continued maintenance of properties acquired or developed.

Section 58-20-50.     The department, or another agency or entity to which the department has leased or transferred title to a rail corridor for preservation for future use and for interim compatible public use, by permit may authorize use of the corridor for other temporary public purposes compatible with the interim public use and preservation of the corridor for future rail use. The department may use or permit to be used for public compatible interim recreational purposes only those corridors, or portions thereof, acquired for preservation and/or revitalization that are located within incorporated areas of the State. Before use of the right-of-way for any interim compatible recreational purpose, the department must secure the agreement for such use from all landowners whose property adjoins the corridor. If a permit is issued for temporary public use that damages or adversely affects the interim public use or preservation of the corridor for future rail use, the damages or adverse effects must be fully mitigated. A fee may be assessed for issuing a temporary public use permit.

Section 58-20-60.     A railroad right-of-way that is held for railroad right-of-way preservation or that is the subject of a railroad right-of-way preservation agreement must be considered held for railroad use and may not be considered abandoned for the purpose of any law. A right-of-way preservation agreement may for those portions of a corridor within an incorporated area provide for an interim public use of a right-of-way in a manner compatible with maintaining the right-of-way for other future rail purposes. The department may negotiate easements or similar uses incident to the provision of utility, communication, cable or similar services not inconsistent with preservation of the corridor for future transportation purposes for all property acquired pursuant to this chapter.

Section 58-20-70.     The department may use or distribute state, federal, or other funds at its disposal to appropriate private or public entities for the purpose of rail corridor preservation and revitalization programs or other interim compatible uses consistent with this chapter. These funds may be used for, but are not limited to, purchasing rights-of-way or easements or for constructing facilities associated with interim public uses.

Section 58-20-80.     Notwithstanding any provision of law to the contrary, the department has a preferential right to acquire railroad rights-of-way and easements proposed for abandonment (or discontinuance of service) for purposes of preservation for present and future transportation uses and may permit interim compatible public uses consistent with this chapter. This right applies to all property located in this State that was acquired for the purpose of operating a railroad on the property and for which authorization is being sought from the Interstate Commerce Commission for abandonment of the line or to discontinue service. A property owner of a railroad right-of-way must notify the Executive Director of the department and the Executive Director of the Department of Parks, Recreation and Tourism, in writing by certified mail, at the time of filing for authorization from the Interstate Commerce Commission for abandonment of a line in this State or for discontinuance of service. No property owner may dispose of the property without having first obtained a release of the preferential right from the department or the department having failed to exercise its preferential rights as provided in Section 58-20-90.

Section 58-20-90.     Within ninety days after the property owner has notified the department and the Department of Parks, Recreation and Tourism that it is seeking authorization from the Interstate Commerce Commission for abandonment of a line in this State or for discontinuance of service, the department must notify the property owner in writing by certified mail that it has tentatively determined that the preferential right is being exercised or provide the property owner with a release of this right. Within one hundred and eighty days of notification that the right is being exercised, an agreement must be reached in writing with the property owner or a condemnation action initiated or the railroad right-of-way is deemed released by the department.

Section 58-20-100.     The department may acquire by purchase, gift, condemnation, or other method property that is part of a railroad line including a railroad right-of-way or easement or other property needed to carry out the purposes of this chapter. Condemnation of railroad rights-of-way, as applied in this section, pertains only to railroad lines wherein the property owner has notified the department that it has sought or is seeking authorization from the Interstate Commerce Commission for abandonment or discontinuance of service. In purchasing property, if an offer is not accepted by the seller, the department may condemn the property and the condemnation procedures in Chapter 2, Title 28 apply.

Section 58-20-110. The department shall establish an advisory council for those railroad rights-of-way acquired by the department for preservation or revitalization and contemplated for use for any interim recreational purpose. Notwithstanding any other provision of this chapter, prior to use of a right-of-way acquired pursuant to this chapter for any interim compatible recreational purpose, the department must secure the agreement of all landowners whose property adjoins the corridor. The advisory council must be appointed as early as possible to assist the work of the department. The duties of the advisory councils are to assist and advise the department concerning protection and management of each existing or abandoned railroad right-of-way prior to use of the corridor for any interim compatible purpose. Each advisory council must consist of not less than six nor more than ten members who must be selected from local government, landowners, community interests, and the Highway Department, whose staff member must serve as chairman. The landowners must constitute a majority of the membership on each council.

Section 58-20-120. The department must establish rules concerning public access to railroad corridors and is responsible for fencing, control of noxious weeds, maintenance of the right-of-way and other such costs which were required of the railroad. If the Highway Department should determine to sell, transfer or otherwise dispose of real property acquired pursuant to this title, the adjoining landowner shall be granted a preferential right of first refusal to acquire the property. This section shall not be construed to extinguish any existing rights or interests to the real property. The operation, use or ownership of the corridor is not taxable except in instances wherein a non-governmental private entity acquires ownership, lease, or use of the corridor for-profit purposes.

Section 58-20-130. Beginning July 1, 1995, the department shall submit an annual report to the House of Representatives Education and Public Works Committee and the Senate Transportation Committee concerning its railroad preservation and revitalization activities and progress, including, but not limited to, implementation of and any revisions to the state railroad corridor preservation and revitalization plan required by this chapter."

SECTION     2.     The state railroad corridor preservation and revitalization plan required by Section 58-20-30, as contained in Section 1 of this act, must be submitted by the department to the House Education and Public Works Committee and the Senate Transportation Committee by July 1, 1994.

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. KENNEDY 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. KENNEDY, with unanimous consent, it was ordered that H. 3677 be read the third time tomorrow.

The following Bill was taken up.

S. 194 -- Senators Hayes, Stilwell, Waldrep, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30165DW.93), which was adopted.

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

/SECTION 1.     The 1976 Code is amended by adding:

"Section 17-25-322.     (A)     When a defendant is convicted of a crime which has resulted in pecuniary damages or loss to a victim, the court must hold a hearing to determine the amount of restitution due the victim or victims of the defendant's criminal acts. The restitution hearings must be held as a matter of course unless the defendant in open court agrees to the amount due, and in addition to any other sentence which it may impose, the court shall order the defendant make restitution or otherwise compensate the victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the victim's legal representative as well as the solicitor have the right to be present and be heard upon the issue of restitution at any of these hearings.

(B)     In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:

(1)     The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant;

(2)     The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;

(3)     The anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment;

(4)     Any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts;

(5)     The mental, physical, and financial well being of the victim.

(C)     At the restitution hearings, the defendant, the victim, the solicitor, or other interested party may object to the imposition, amount or distribution of restitution, or the manner or method of them and the court shall allow all of these objections to be heard and preserved as a matter of record. The court shall enter its order upon the record stating its findings and the underlying facts and circumstances of them."

SECTION 2.     The 1976 Code is amended by adding:

"Section 17-25-323.     (A)     The trial court retains jurisdiction of the case for purpose of modifying the manner in which court-ordered payments are made until paid in full, or until the defendant's active sentence and probation or parole, if any, expires.

(B)     When a defendant has been placed on probation by the court or parole by the Board of Probation, Parole and Pardon Services, and ordered to make restitution, and the defendant is in default in the payment of them or of any installment or of any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the solicitor, or a Probation and Parole Agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution ordered plus reasonable attorney's fees and cost ordered by the court.

(C)     The judgments may be enforced as any civil judgment.

(D)     A judgment issued pursuant to this section has all the force and effect of a final judgment and, as such, may be enforced by the judgment creditor in the same manner as any other civil judgment; enforcement to take place in court of common pleas.

(E)     The clerk of court must enter any judgment issued pursuant to this section in the civil judgment records of the court. No judgment issued pursuant to this section is effective until entry is made in the civil judgment records of the court as required under this subsection.

(F)     Upon full satisfaction of any judgment entered under this section, the judgment creditor must record such satisfaction on the margin of the copy of the judgment on file in the civil judgment records of the court."

SECTION 3.     The 1976 Code is amended by adding:

"Section 17-25-325.     The sentence and judgment of the court of general sessions in a criminal case against an individual may be enforced in the same manner by execution against the property of the defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions. Before a general sessions court may enter a judgment against a defendant's property as authorized by this section, the judge must make findings of fact as to the amount of the judgment to be entered against the defendant. These findings must be supported by the preponderance of the relevant evidence as is offered by the parties."

SECTION 4.     The 1976 Code is amended by adding:

"Section 17-25-326.     Any court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence."

SECTION 5.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 4081 -- Reps. Boan and Wilkins: A BILL TO ENACT THE "STATE GOVERNMENT ACCOUNTABILITY AND REFORM ACT OF 1993" INCLUDING PROVISIONS TO AMEND SECTION 2-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ADVERTISE FOR ARCHITECTURAL AND ENGINEERING SERVICES PRIOR TO BOARD APPROVAL OF THE PROJECT SO LONG AS THE ARCHITECTURAL AND ENGINEERING CONTRACT IS NOT AWARDED UNTIL AFTER A STATE PROJECT NUMBER HAS BEEN ASSIGNED; TO ADD SECTION 2-47-55 SO AS TO ESTABLISH THE ANNUAL PERMANENT IMPROVEMENT PROGRAM (APIP) REGARDING AN AGENCY'S PERMANENT IMPROVEMENT PROJECTS AND PROVIDE FOR THE APPROVAL OR DISAPPROVAL OF THE APIP; TO ADD SECTION 2-47-56 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ACCEPT GIFTS-IN-KIND FOR ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION WITH ONLY STAFF LEVEL REVIEW BY THE COMMISSION ON HIGHER EDUCATION, THE JOINT BOND REVIEW COMMITTEE, AND THE BUDGET AND CONTROL BOARD; TO ADD SECTION 8-1-15 SO AS TO MANDATE THE ESTABLISHMENT OF COMPLIANCE AND ACCOUNTABILITY PROGRAMS BY EACH HIGHER EDUCATION INSTITUTION AND STATE AGENCY, AND PROVIDE THAT THE STATE AUDITOR SHALL ANNUALLY AUDIT THE INSTITUTION'S OR AGENCY'S PROGRAMS AND THAT THE BUDGET AND CONTROL BOARD SHALL REVIEW THE AUDIT REPORT AND MAY TAKE CERTAIN CORRECTIVE ACTION WHEN PROGRAM WEAKNESSES ARE NOT REMEDIED; TO ADD SECTION 8-11-15 SO AS TO ESTABLISH A MINIMUM THIRTY-SEVEN AND ONE-HALF HOUR WORKWEEK FOR AGENCY AND INSTITUTION EMPLOYEES WHO WORK FULL TIME, AND ALLOW THE USE OF ALTERNATIVE SCHEDULING TO MEET THE AGENCY'S OR INSTITUTION'S SERVICE NEEDS; TO AMEND SECTION 8-17-330, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO FURTHER PROVIDE FOR CERTAIN SITUATIONS OR ACTIONS WHICH ARE NOT CONSIDERED GRIEVANCES; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE PROCUREMENT CODE, SO AS TO REVISE THE DEFINITION OF "TERM CONTRACT" TO ALLOW STATE AGENCIES AND INSTITUTIONS TO PROCURE GOODS AND SERVICES FROM SOURCES OTHER THAN THE STATE'S TERM CONTRACTS WHEN IT IS MORE ECONOMICAL FOR THE AGENCY OR INSTITUTION; TO AMEND SECTION 11-35-710, RELATING TO EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO EXEMPT CERTAIN RENOVATIONS OR CONSTRUCTION OF SPACE FOR GRANT FUNDED RESEARCH PROJECTS; TO ADD SECTION 11-35-835 SO AS TO REQUIRE THE STATE ENGINEER OFFICE TO COMPLETE CERTAIN REVIEWS WITHIN A SPECIFIED TIME, AND PROVIDE THAT THE STATE ENGINEER'S APPROVAL IS ASSUMED IF THE REVIEW IS NOT COMPLETED WITHIN THE PRESCRIBED TIME PERIODS; TO ADD SECTION 11-35-845 SO AS TO ALLOW THOSE GOVERNMENTAL BODIES WHICH HAVE TOTAL MANAGEMENT CAPABILITY TO OVERSEE THE ADMINISTRATION OF PERMANENT IMPROVEMENT PROJECTS; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO REQUIRE THAT COMPETITIVE SEALED BIDDING MUST BE USED FOR CONTRACTS AMOUNTING TO FIFTY THOUSAND DOLLARS OR MORE; TO AMEND SECTION 11-35-1550, RELATING TO SMALL PURCHASES, SO AS TO ESTABLISH THE PROCEDURES WHICH MUST BE USED FOR SMALL PURCHASES VALUED AT FIFTY THOUSAND DOLLARS OR LESS; TO ADD SECTION 11-35-1825 SO AS TO DIRECT THE DIVISION OF GENERAL SERVICES TO ESTABLISH A PROCEDURE FOR PRE-QUALIFYING BIDDERS ON CONSTRUCTION PROJECTS; TO AMEND SECTION 11-35-2010, RELATING TO TYPES AND FORMS OF CONTRACTS, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ENTER INTO RENTAL CONTRACTS FOR EQUIPMENT, WITHOUT USE OF THE STATE'S STANDARD EQUIPMENT FORM, WHEN THE EQUIPMENT IS VALUED AT TEN THOUSAND DOLLARS OR LESS AND THE CONTRACT DOES NOT EXCEED NINETY DAYS; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO NEGOTIATE WITH THE LOW BIDDER ON A CONSTRUCTION CONTRACT WHEN THE BID EXCEEDS AVAILABLE FUNDS BY NOT MORE THAN FIVE PERCENT AND TO REVISE THE METHOD OF LISTING SUBCONTRACTORS FOR CONSTRUCTION BIDS; TO ADD SECTION 11-35-3025 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO APPROVE CHANGES IN ARCHITECTURAL AND ENGINEERING CONTRACTS AND CONSTRUCTION CONTRACTS WITHOUT THE APPROVAL OF THE STATE ENGINEER ONLY WHEN THE CHANGE DOES NOT ALTER THE PROJECT'S SCOPE AND DOES NOT EXCEED THE PROJECT'S BUDGET; TO AMEND SECTION 11-35-3030, RELATING TO BOND AND SECURITY, SO AS TO ALLOW AN AGENCY OR INSTITUTION TO REQUIRE BID SECURITY FOR CONSTRUCTION CONTRACTS VALUED AT ONE HUNDRED THOUSAND DOLLARS OR LESS IF THE AGENCY OR INSTITUTION DEEMS IT NECESSARY TO PROTECT THE BID, AND TO ALLOW BID SECURITY FOR CONSTRUCTION CONTRACTS OF ONE HUNDRED THOUSAND DOLLARS OR FEES TO BE WAIVED; TO AMEND SECTION 11-35-3230, RELATING TO EXCEPTIONS TO THE PROCUREMENT CODE FOR CERTAIN TYPES OF CONTRACTS, SO AS TO ALLOW HIGHER EDUCATION INSTITUTIONS OR STATE AGENCIES TO PROCURE SMALL DOLLAR ARCHITECTURAL AND ENGINEERING SERVICES WITHOUT THE APPROVAL OF THE STATE ENGINEER WHEN THE CONTRACT IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS; TO AMEND SECTION 11-35-4210, RELATING TO AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS, SO AS TO REVISE THE PROTEST PROVISIONS OF THE PROCUREMENT CODE BY ALLOWING THE IMPOSITION OF SANCTIONS FOR PROTESTS WHICH ARE FRIVOLOUS, AND PROVIDE THAT A PROTEST BOND OR SECURITY MUST ACCOMPANY A PROTEST; AND TO AMEND SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGET OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO ALLOW PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO SUBMIT SUMMARY BUDGETS TO THE COMMISSION ON HIGHER EDUCATION INSTEAD OF HAVING TO SUBMIT LINE-ITEM BUDGETS.

The Committee on Ways and Means proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10627SD.93), which was adopted.

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

/SECTION     1.     This act may be cited as the "State Government Accountability and Reform Act of 1993".

SECTION     2.     It is the intent of the General Assembly to ensure that the heads of state agencies, departments, and institutions are held accountable for the effective and efficient use of the public resources entrusted to them annually in the appropriation process. Each agency, department, or institution head is expected to have in place an effective system of management controls to prevent and detect improper conduct by their employees. In the event of mismanagement, waste, or abuse allowed by an agency, department or institution head, the Governor, constitutional officer, or governing board is expected to take swift and appropriate action to correct the matter and regain the public trust.

It is the intent of the General Assembly that agencies and institutions comply with the provisions of Code Sections 11-35-1520, 1-11-35, and 44-96-140, as amended, relating to vendor preferences. The Division of General Services shall not be required to audit for compliance with these sections.

SECTION     3.     The Budget and Control Board shall monitor and evaluate implementation of the procurement and construction management reforms contained in this act. The purpose of the evaluation is to:

(1)     identify cost savings from the reduced cost of goods and services procured and also cost savings through increased administrative efficiency; and

(2)     report on whether agencies and institutions are complying with the provisions of Section 11-35-1560, relating to sole source procurements.

State agencies and institutions shall cooperate with the board in the collection of data requested by the board to conduct its evaluation. The board annually shall report to the House Ways and Means and Senate Finance Committees on the results of their evaluation. The Budget and Control Board also shall report to the Ways and Means and Senate Finance Committees on administrative cost savings or organizational changes in the Division of General Services as a result of the reforms contained in this act. This reporting requirement ends July 1, 1996.

SECTION     4.     The first paragraph of Section 2-47-50 of the 1976 Code is amended to read:

"The Board shall establish formally each permanent improvement project before actions of any sort which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the Board to establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after a state project number is assigned. After the Committee has reviewed the form to be used to request the establishment of permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the Board, requests to establish permanent improvement projects shall be made in such form and at such times as the Board may require."

SECTION     5.     The 1976 Code is amended by adding:

"Section 2-47-55.     All state agencies responsible for providing and maintaining physical facilities are required to submit an Annual Permanent Improvement Program (APIP) to the Joint Bond Review Committee and the Budget and Control Board. The APIP must include all of the agency's permanent improvement projects anticipated and proposed to be started in the upcoming year. The purpose of the APIP process is to provide the Board and the Committee with a comprehensive view of each agency's permanent improvement activities. Agencies must submit an APIP to the Committee and the Board on or before June 15 of each year. The APIP covers the next fiscal year period beginning July 1. The APIP for each higher education agency, including the technical colleges, must be submitted through the Commission on Higher Education which must review the APIP and provide its recommendations to the Board and the Committee. The Board and the Committee may develop policies and procedures to implement and accomplish the purposes of this section. The APIP must be approved by August first of the fiscal year for which the APIP applies.

The state shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the state."

SECTION     6.     The 1976 Code is amended by adding:

"Section 2-47-56.     Each state agency and institution may accept gifts-in-kind for architectural and engineering services and construction of a value less than $250,000 with the approval of the Commission of Higher Education or its designated staff, the Director of the Division of General Services, and the Joint Bond Review Committee or its designated staff. No other approvals or procedural requirements, including the provisions of Section 11-35-10, may be imposed on the acceptance of such gifts."

SECTION     7.     The 1976 Code is amended by adding:

"Section 8-11-15.     The minimum full-time workweek for employees of state agencies and institutions is thirty-seven and one-half hours. The agency or institution may vary an employee's work schedule through the use of alternative scheduling strategies to meet the needs and service delivery requirements of the agency or institution."

SECTION     8.     The 1976 Code is amended by adding:

"Section 8-1-160.     Notwithstanding other provisions of law, state agencies may increase or decrease individual employee salaries based upon performance. Such increase or decrease shall be determined by the agency. Performance increases shall not place an employee's salary above the maximum of the grade or executive compensation level. Performance decreases may not place an employee's salary below the minimum of the grade or executive compensation level. Performance decreases shall be based on the results of an EPMS evaluation. Employees assessed salary decreases may seek redress through the state employees' grievance system.

Section 8-1-170.     State agencies are authorized to develop group productivity incentive programs for the recognition and award of team accomplishments through group performance. Employees of any organizational unit within each of the various agencies are eligible to share equally twenty-five percent of the identified savings resulting from reduced operational costs in the unit up to a maximum of two thousand dollars per employee in a fiscal year. The agency shall adopt policies and procedures to determine unit expenses or base data and for the year of participation in the group productivity incentive program. Records of proposals, actual dollar savings, and employee awards will be reported to the Budget and Control Board or its designee. Any bonus or cash award paid as a group productivity incentive shall not become a part of the employee's base salary and shall not be considered as compensation in terms of contributions to and determination of benefits for any of the state's retirement systems.

Section 8-1-180.     State agencies and institutions shall be allowed to spend public funds on employee plaques, certificates, and other events, including meals and similar types of recognition to reward innovations or improvements by individual employees or employee teams that enhance the quality of work or productivity or as a part of employee development programs of their agency or institution. Awards shall be limited to fifty dollars for each individual.

Section 8-1-190.     Notwithstanding other provisions of law, the Budget and Control Board is authorized to enter into pilot programs with individual agencies or groups of agencies in order to create innovations in State Government. The Budget and Control Board will monitor the findings and results of pilot programs to determine if legislative recommendations should be provided to the General Assembly."

SECTION     9.     Section 8-17-320(11) and (14) of the 1976 Code are amended to read:

"(11)     'Probationary employee' means a full-time or part-time employee in the initial working test period of employment with the State of not more than six twelve months duration for noninstructional personnel or nine months the academic year duration for instructional personnel. The probationary period for noninstructional personnel may be extended for not more than three months based upon a less than satisfactory performance appraisal. The probationary period for instructional personnel may be extended for not more than one quarter or one semester, as determined by the academic schedule of the agency or institution, based upon a less than satisfactory performance appraisal. At the completion of the extended time period, the employee shall either become a permanent employee based on a satisfactory or higher performance appraisal or be terminated. An employee who receives an unsatisfactory performance appraisal during the probationary period shall be terminated prior to becoming a permanent employee. The provisions of this item apply to employees hired before June 30, 1993.

(14) 'Temporary employee' means a full-time or part-time employee hired to fill a position for a period not to exceed six months or to fill a position requiring seasonal or intermittent work for no more than fifteen hundred hours during any twelve-month period two years."

SECTION     10.     The fourth paragraph of Section 8-17-330 of the 1976 Code is amended to read:

"No employee shall be disciplined or otherwise prejudiced in employment for exercising rights or testifying under the plan, and agency heads shall encourage the use of the plan in the resolution of grievances arising in the course of public employment. As used in this article, grievances shall include dismissals, suspensions, involuntary reassignments, and demotions. Reclassification, reassignments, and transfers to the same pay grade are not considered grievances. Promotions shall not be deemed grievances. However, where an allegation is made that the grievant was excluded from consideration for promotion to a position greater than one organizational level above his present level for which he was qualified when the promotional opportunity occurred, and the grievant applied or would have applied if he had known of the promotion opportunity, and the state personnel director determines that there is any material issue of fact or conclusion to be drawn from the facts of the allegation, then the promotion shall be deemed grievable."

SECTION     11.     Section 11-35-20 of the 1976 Code is amended to read:

"Section 11-35-20.     The underlying purposes and policies of this code are:

(a)     to consolidate, clarify and modernize the law governing procurement by this State:

(b)     to permit the continued development of explicit and thoroughly considered procurement policies and practices;

(c)     to require the adoption of competitive procurement law: and practices by units of state and local governments;

(d)     to promote increased public confidence in the procedures followed in public procurement;

(e)     to ensure the fair and equitable treatment of all persons who deal with the procurement system of this State;

(f)     to provide increased economy in state procurement activities and to maximize to the fullest extent practicable the purchasing values of funds of the State;

(g)     to foster effective broad based competition for public procurement within the free enterprise system;

(h)     to provide safeguards for the maintenance of a procurement system of quality and integrity with clearly defined rules for ethical behavior on the part of all persons engaged in the public procurement process;

(i)     to develop an efficient and effective mans of delegating roles and responsibilities to the various governmental bodies and to the chief procurement officers;

(j)     to develop procurement capability responsive to appropriate user needs;

(k)     to train procurement officials in the techniques and methods of public procurement;

(l)     to mandate the existence of a structured system of auditing and monitoring in order to assure adherence to the provisions of this code;

(m)     to provide for the coordination and control of information technology activities by governmental bodies so as to promote the efficient and effective management and procurement of information technology in public agencies and programs;
The underlying purposes and policies of this code are:

(a)     to provide increased economy in state procurement activities and to maximize to the fullest extent practicable the purchasing values of funds while ensuring that procurement are the most advantageous to the State and in compliance with the provisions of the Ethics Government Accountability and Campaign Reform Act;

(b)     to foster effective broad-based competition for public procurement within the free enterprise system;

(c)     to develop procurement capability responsive to appropriate user needs;

(d)     to consolidate, clarify, and modernize the law governing procurement in this State and permit the continued development of explicit and thoroughly considered procurement policies and practices;

(e)     to require the adoption of competitive procurement laws and practices by units of state and local governments;

(f)     to ensure the fair and equitable treatment of all persons who deal with the procurement system which will promote increased public confidence in the procedures followed in public procurement;

(g)     to provide safeguards for the maintenance of a procurement system of quality and integrity with clearly defined rules for ethical behavior on the part of all persons engaged in the public procurement process; and

(h)     to develop an efficient and effective means of delegating roles and responsibilities to the various government procurement officers."

SECTION     12.     Section 11-35-70 of the 1976 Code is amended to read:

"Section 11-35-70.     Irrespective of the source of funds of, any school district whose budget of total expenditures, including debt service, exceeds seventy-five million dollars annually is subject to the provisions of Chapter 35 of Title 11, Code of Laws of South Carolina, 1976 (South Carolina Consolidated Procurement Code) and shall notify the Director of the Division of General Services of the Budget and Control Board of its expenditures within ninety days after the close of its fiscal year. However, if a district has its own procurement code which is in the written opinion of the Division of General Services of the State Budget and Control Board substantially similar to the provisions of the South Carolina Consolidated Procurement Code, the district is exempt from the provisions of the South Carolina Consolidated Procurement Code except for a procurement audit which must be performed every three years by the Division of General Services or an audit firm approved by the Division of General Services. Costs associated with the internal review and audits are the responsibility of the school district and will be paid to the entity performing the audit."

SECTION     13.     Section 11-35-310(27) of the 1976 Code is amended to read:

"(27)     'Services' means the furnishing of labor, time, or effort by a contractor not required to deliver a specific end product, other than reports which are merely incidental to required performance. This term includes consultant services other than architectural, engineering, land surveying, construction management, and related services. This term does not include employment agreements or services as defined in Section 11-35-310(1)(c)(d)."

SECTION     14.     Section 11-35-310(33) of the 1976 Code, as last amended by Act 510 of 1986, is further amended to read:

"(33)     'Term contract' means a contract established by the chief procurement officer for a specific product or service for a specified time and for which it is mandatory that all governmental bodies procure their requirements for the goods and services during its term. If a governmental body is offered a price that is less than the term contract price for the same goods or services, it may purchase from the vendor offering the lower price. A term contract may be a multiterm contract as provided in Section 11-35-2030."

SECTION     15.     Section 11-35-810 of the 1976 Code is amended to read:

"Section 11-35-810.     There is hereby created, within the Division of General Services, a materials management office to be headed by the materials management officer. The materials management officer shall be at an organization level answering directly to the director of the Division of General Services."

SECTION     16.     The 1976 Code is amended by adding:

"Section 11-35-835.     The Office of State Engineer must review properly completed schematic design, properly completed design development, and properly completed construction documents within a total of forty-five days of submission of documents."

SECTION     17.     The 1976 Code is amended by adding:

"Section 11-35-845.     Each agency of State government that has total management capability as defined and certified by the Division of General Services shall be allowed to oversee the administration of permanent improvement projects with the State Engineer's office serving as an audit function. The State Engineer's office shall assist those small agencies who do not have the necessary expertise in permanent improvements."

SECTION     18.     Section 11-35-1030 of the 1976 Code is amended to read:

"Section 11-35-1030.     The Division of General Services shall develop a system of training for procurement in accordance with regulations by the board. Such training shall compass encompass the latest techniques and methods of public procurement. If deemed appropriate by the Division of General Services, such training shall include a requirement for the certification of the procurement officer of each purchasing agency."

SECTION     19.     Section 11-35-1410(7) of the 1976 Code is amended to read:

"(7)     'Responsive bidder or offeror' means a person who has submitted a bid or offer which conforms in all material aspects to the invitation for bids or request for proposals."

SECTION     20.     Section 11-35-1520 of the 1976 Code, as last amended by Act 442 of 1992, is further amended to read:

"Section 11-35-1520.     (1)     Condition for Use. Contracts amounting to two thousand, five hundred twenty-five thousand dollars or more shall be awarded by competitive sealed bidding except as otherwise provided in Section 11-35-1510.

(2)     Invitation for Bids. An invitation for bids shall be issued in an efficient and economical manner to at least three qualified sources on the bidders' list lists appropriate for the particular procurement, and shall include specifications and all contractual terms and conditions applicable to the procurement. If the list does not contain three qualified sources, invitations for bids shall be issued to such qualified sources as are available.

(3)     Bidders' List Lists. All sources requesting to be put on a bidder's list shall be so enlisted, unless the chief procurement officer or head of purchasing agency makes a written determination that the source should not be enlisted in accordance with regulations of the board. Decisions to reject enlistment shall be appealable to the material management officer and the board the appropriate chief procurement officer and the Procurement Review Panel as specified in Article 15 17 of this chapter. The appropriate chief procurement officer and the heads of procurement agencies shall ensure that the bidders' list lists contain all known sources interested in bidding on state procurement. The chief procurement officer shall review periodically the bidders' lists of the various governmental bodies and shall require the addition to such lists of any appropriate sources which are not contained therein.

(4)     Notice. Adequate notice of the invitation for bids shall be given at a reasonable time prior to the date set forth therein for the opening of bids. Such notice may shall include utilization of bidders' lists or and may include publications in a newspaper of general circulation in the State within a reasonable time prior to bid openings such as 'South Carolina Business Opportunities.'

(5)     Receipt and Safeguarding of Bids. All bids (including modifications) received prior to the time of opening shall be kept secure and unopened in a locked box or safe, except as provided for by regulation of the board.

(6)     Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids and in the manner prescribed by regulation of the board. The amount of each bid, and such other relevant information as may be specified by regulation, together with the name of each bidder, shall be tabulated. The tabulation shall be open to the public inspection at that time.

(7)     Bid Acceptance and Bid Evaluation. Bids shall be accepted unconditionally without alteration or correction, except as otherwise authorized in this code. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. Bids shall be evaluated based on the requirements set forth in the invitation for bids and in accordance with the regulations of the board.

(8)     Correction or withdrawal of Bids; Cancellation of Awards. Correction or withdrawal of inadvertently erroneous bids before bid opening, withdrawal or of inadvertently erroneous bids after award, or cancellation and reward of awards or contracts based on such bid mistakes, after award but prior to performance may be permitted in accordance with regulations promulgated by the board. After bid opening no changes in bid prices or other provisions of bids prejudicial to the interest of the State or fair competition shall be permitted. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, after award but prior to performance shall be supported by written determination of appropriateness made by the chief procurement officers or head of a purchasing agency.

(9)     Tie bids. If two or more bidders are tied in price while otherwise meeting all of the required conditions, awards are determined as follows:

(a)     If there is a South Carolina firm tied with an out-of-state firm, the award must be made automatically to the South Carolina firm.

(b)     Tie bids involving South Carolina produced or manufactured products, when known, and items produced or manufactured out of the State must be resolved in favor of the South Carolina commodity.

(c)     Tie bids involving South Carolina firms must be resolved in favor of the South Carolina firm located in the same taxing jurisdiction as the governmental body's consuming location.

(d)     Tie bids involving South Carolina firms in the same taxing jurisdiction as the governmental body's consuming location must be resolved by the flip of a coin in the office of the chief procurement officer or the head of a purchasing agency witnessed by all interested parties.

These are the only conditions under which any in-state preference is shown.

(e)     Competitive procurement made by any governmental body must be made from a responsive and responsible vendor resident in South Carolina.

(i)     for procurement under two million, five hundred thousand dollars, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than two percent of the latter bid, and if the resident vendor has made written claim for the preference at the time the bid was submitted;

(ii) for procurement in excess of two million, five hundred thousand dollars, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than one percent of the latter bid, and if the resident vendor has made written claim for the preference at the time the bid was submitted. A vendor is considered to be a resident of this State if the vendor is (a) an individual, partnership, association, or corporation that is authorized to transact business within the State, (b) maintains an office in the State, (c) maintains a representative inventory of commodities on which the bid is submitted an inventory for expendable items which are representative of the general type of commodities on which the bid is submitted and located in South Carolina at the time of the bid having a total value of ten thousand dollars or more based on the bid price, but not to exceed the amount of the contract, or is a manufacturer which is headquartered and has at least a ten million dollar payroll in South Carolina and the product is made or processed from raw materials into a finished end product by such manufacturer or an affiliate (as defined in Section 1563 of the Internal Revenue Code) of such manufacturer, and (d) has paid all assessed taxes. Preferences under this subsection do not apply against a resident vendor whether or not he made written claim for the preference at the time of bid. Preferences under this subsection do not apply to contracts procured under Section 11-35-1530 nor to either prime contractors or subcontractors as relates to the construction industry procurement of construction under Section 11-35-3020 nor to a vendor of goods whether in quantity or not when the price of a single unit of the item involved is more than ten thousand dollars

(10)     Award. The contract must be awarded with reasonable promptness by written notice when a contract has a total or potential value in excess of fifty thousand dollars, notice must be given to all bidders responding to the solicitation as to the agency's determination that a certain bidder is the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids unless there is a compelling reason to reject one or more bids as prescribed by regulation of the board. Notice may be given by first class mail of this intent to contract to the name and address on the bid documents. Sixteen days after notice of intent to award a contract to the lowest responsive bidder, the agency may enter a contract with this bidder in accordance with the bid solicited. A determination of responsibility must be made before award in accordance with S 11-35-1810. Unless there is a compelling reason to reject bids as prescribed by regulation of the board, notice of an intended award of a contract to the lowest responsive and responsible bidder whose bid meets the requirements set forth in the invitation for bids shall be given by posting such notice at a location specified in the invitation for bids. The invitation for bids and the posted notice must contain a statement of a bidder's right to protest under Section 11-35-4210(1) and the date and location of posting must be announced at bid opening. When a contract has a total or potential value in excess of fifty thousand dollars in addition to the posted notice, notice of an intended award must be given to all bidders responding to the solicitation by first-class mail to the name and address on the bid documents. Such mailed notice must contain a statement of the bidder's right to protest under Section 11-35-4210(1).

When a contract has a total or potential value in excess of fifty thousand dollars, sixteen days after notice is given the agency may enter a contract with the bidder named in the notice in accordance with the provisions of this code and of the bid solicited. A determination of responsibility must be made before award in accordance with Section 11-35-1810.

(11)     Multi-Step Sealed Bidding. When it is considered initially impractical to prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.

(12)     Provisions not to Apply. The provisions of this section shall not apply to maintenance services for aircraft of the S.C. Aeronautics Commission.

(13)     Minor Informalities and Irregularities in Bids. A minor informality or irregularity is one which is merely a matter of form or is some immaterial variation from the exact requirements of the invitation for bids having no effect or merely a trivial or negligible effect on total bid price, quality, quantity, or delivery of the supplies or performance of the contract, and the correction or waiver of which would not affect the relative standing of or be otherwise prejudicial to, bidders. The procurement officer shall either give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive any such deficiency when it is to the advantage of the State. Such communication or determination shall be in writing. Examples of minor informalities or irregularities include, but are not limited to:

(a)     failure of a bidder to return the number of copies of signed bids required by the solicitation;

(b)     failure of a bidder to furnish the required information concerning the number of the bidder's employees or failure to make a representation concerning its size;

(c)     failure of a bidder to sign its bid but only if the firm submitting the bid has formally adopted or authorized the execution of documents by typewritten, printed, or rubber stamped signature and submits evidence of such authorization and the bid carries such a signature or the unsigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned document such as the submission of a bid guarantee with the bid or a letter signed by the bidder with the bid referring to and identifying the bid itself;

(d)     failure of a bidder to acknowledge receipt of an amendment to a solicitation , but only if (i) the bid received indicates in some way that the bidder received the amendment such as where the amendment added another item to the solicitation and the bidder submitted a bid thereon provided that the bidder states under oath that it received the amendment prior to bidding and that the bidder will stand by its bid price or (ii) the amendment has no effect or merely a trivial or negligible effect on price, quality, quantity, delivery, or the relative standing of bidders, such as an amendment correcting a typographical mistake in the name of the governmental body;

(e)     failure of a bidder to furnish an affidavit concerning affiliates;

(f)     failure of a bidder to execute the certifications with respect to Equal Opportunity and Affirmative Action Programs;

(g)     failure of a bidder to furnish cut sheets or product literature;

(h)     failure of a bidder to furnish certificates of insurance;

(i)     failure of a bidder to furnish financial statements:

(j)     failure of a bidder to furnish references;

(k)     failure of a bidder to furnish its bidder number; and

(l)     notwithstanding Section 40-11-180, the failure of a bidder to indicate his contractor's license number or other evidence of licensure, provided that no contract shall be awarded to the bidder unless and until the bidder is properly licensed under the laws of South Carolina."

SECTION     21.     Section 11-35-1530 of the 1976 Code is amended to read:

"Section 11-35-1530.     (1)     Conditions for Use. When the chief procurement officer, or the head of a purchasing agency, determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the State, a contract may be entered into by competitive sealed proposals subject to the provisions of Section 11-35-1520 and the ensuing regulations unless otherwise provided for in this section. Subject to the requirements of Section 11-35-3220, the board may provide by regulation that it is either not practicable or not advantageous to the State to procure specified types of supplies, services, or construction by competitive sealed bidding.

(2)     Request for Proposal. Proposals shall be solicited from at least three qualified sources, when such sources are available, through a request for proposals.

(3)     Public Notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in Section 11-35-1520(4).

(4)     Receipt of Proposals. Proposals shall be opened publicly in accordance with regulations of the board. A tabulation of proposals shall be prepared in accordance with regulations promulgated by the board and shall be open for public inspection after contract award.

(5)     Request for Qualifications. Prior to soliciting proposals, the procuring agency, acting through the authorized procurement officer, may issue a request for qualifications from prospective offerors. Such request shall contain at a minimum a description of the goods or services to be solicited by the request for proposals and the general scope of the work and shall state the deadline for submission of information and how prospective offerors may apply for consideration. The request shall require supply information only on their qualifications, experience, and ability to perform the requirements of the contract.

After receipt of the responses to the request for qualifications from prospective offerors, the perspective offerors shall be ranked from most qualified to least qualified on the basis of the information provided. Proposals shall then be solicited from at least the top two prospective offerors by means of a request for proposals. The failure of a prospective offeror to be selected to receive the request for proposals shall not be grounds for protest under Section 11-35-4210.

(6)     Public Notice. Adequate public notice of the request for qualifications shall be given in the manner provided in Section 11-35-1520(4).

(5) (7)     Evaluation Factors. The request for proposals shall state the relative importance of price and of each other evaluation factor the factors to be considered in evaluating proposals but shall not require a numerical weightings weighting for each factor. Price may but need not be an initial evaluation factor.

(6)     Negotiation with Responsible Offerors and Revisions to Proposals. As provided in the request for proposals, negotiations may be conducted with any offerors submitting a proposal, which appears to be eligible for contract award pursuant to the selection criteria set forth in the request for proposals. All apparently eligible offerors must be accorded the opportunity to submit best and final proposals if negotiations with any other offeror result in a material alteration to the RFP and such alteration has a cost consequence that may alter the order of offeror's price quotations contained in the initial proposals. In conducting negotiations, there must be no disclosure of any information derived from proposals submitted by competing offerors.

(8)     Discussion with responsive offerors. As provided in the request for proposals, discussions may be conducted with responsive offerors who submit proposals for the purpose of clarification to assure full understanding of the requirements of the request for proposals. All offerors, whose proposals in the procuring agency's sole judgment needed clarification shall be accorded such an opportunity.

(9)     Selection and Ranking. Proposals shall be evaluated using only the criteria stated in the request for proposals and there must be adherence to any weightings that have been previously assigned. Once evaluation is complete, all responsive offerors shall be ranked from most advantageous to least advantageous to the State, considering only the evaluation factors stated in the request for proposals. If price is an initial evaluation factor, award shall be made in accordance with Section 11-35-1530(10) below.

If price is not an initial evaluation factor, negotiations shall be conducted with the top ranked responsive offeror for performance of the contract at a price which, in the sole opinion of the procuring agency is fair and reasonable to the State. Should the procurement official representing the procurement agency be unable to negotiate a contract at a price which, in the sole opinion of the procuring agency is fair and reasonable to the State, negotiations shall be formally terminated with the top ranked responsive offeror and negotiations commenced with the second most advantageous responsive offeror, and then the third and so on until a satisfactory contract has been negotiated. In conducting negotiations, there must be no disclosure of any information derived from proposals submitted by competing offerors.

(7)     Award. Award must be made to the responsive offeror whose proposal is determined in writing to be the most advantageous to the State, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria may be used in evaluation and there must be adherence to any weightings specified for each factor in the request for proposals. The contract file shall contain the basis on which the award is made and must be sufficient to satisfy external audit. Procedures for the notification of intent to award the contract and the award of the contract must be the same as those required in S 11-35-1520(11).

(10)     Award. Award must be made to the responsive offeror whose proposal is determined in writing to be the most advantageous to the State, taking into consideration price and the evaluation factors set forth in the request for proposals unless the procuring agency determines to utilize one of the options provided in Section 11-35-1530(11). The contract file shall contain the basis on which the award is made and must be sufficient to satisfy external audit. Procedures and requirements for the notification of intent to award the contract shall be the same as those stated in Section 11-35-1520(10).

(8)     Other. When the proposal considered most advantageous to the State exceeds available funds as certified by the appropriate fiscal officer, and it is determined in writing by the chief procurement officer, the head of a purchasing agency, or the designee of either officer above the level of procurement officer, that time or circumstances do not permit the delay required to resolicit competitive sealed proposals, a contract may be awarded pursuant to this section. The offeror whose proposal is determined most advantageous to the State, taking into consideration price and the evaluation factors set forth in the RFP, must be requested to accept the contract for the available funds without any change in the scope of work. If the offeror agrees, the contract must be awarded. if the offeror declines, the next offeror whose proposal is determined to be the second most advantageous to the State must be requested to accept the contract under the terms noted above. This procedure must be followed with each successive offeror until all offerors whose proposals are considered responsive to the requirement of the contract have been exhausted. If the contract has not been awarded after a request has been made to each acceptable offeror, the scope of the request for proposals may be changed to reduce the cost and all offerors must be allowed to submit their best and final offer.

(11)     Other. If, after following the procedures set forth in Section 11-35-1530(9) a contract is not able to be negotiated, the scope of the request for proposals may be changed in an effort to reduce the cost of a fair and reasonable amount and all responsive offerors must be allowed to submit their best and final offers.

Where price was an initial evaluation factor the procuring agency through the appropriate procurement official may, in its sole discretion and not subject to challenge through a protest filed under Section 11-35-4210, proceed in any of the manners indicated below:

(1)     negotiate price with the highest scoring offeror. If a satisfactory price cannot be agreed upon, price negotiations may be conducted in the sole discretion of the procuring agency with the second, and then the third, and so on, ranked offerors to such level of ranking as determined by the procuring agency in its sole discretion; or

(2)     negotiate with the highest ranking offeror on matters affecting the scope of the contract so long as the overall nature and intent of the contract is not changed. If a satisfactory contract cannot be negotiated with the highest ranking offeror negotiations may be conducted in the sole discretion of the procuring agency with the second, and then the third, and so on, ranked offerors to such level of ranking as determined by the procuring agency in its sole discretion; or

(3)     change the scope of the request for proposals and give all responsive offerors an opportunity to submit best and final offers.

If the agency chooses any of these options, and is still unable to award a contract, it may repeat any of the procedures outlined herein until a proposed contract is successfully achieved."

SECTION     22.     Section 11-35-1550 of the 1976 Code is amended to read:

"Section 11-35-1550.     Any procurement not exceeding the dollar amounts established in regulation and updated periodically by the board may be made by governmental bodies in accordance with small purchase procedures promulgated by the board; provided, however, that purchases shall not be artificially divided by governmental bodies so as to constitute a small purchase under this section.

(1)     Authority. The following small purchase procedures may be utilized in conducting procurements for governmental bodies that are less than $25,000.00 in actual or potential value. Any agency may conduct its own procurement under $5,000.00 in actual or potential value and any agency that has received procurement certification pursuant to Section 11-35-1210 to handle the type and estimated value of the procurement may conduct the procurement under its own authority in accordance with the procedures prescribed herein provided, however, that procurement requirements shall not be artificially divided by governmental bodies so as to constitute a small purchase under this section.

(2)     Competition and Price Reasonableness. (a)     Purchases Not in Excess of $1,500.00.

Small purchases not exceeding $1,500.00 may be accomplished without securing competitive quotations if the prices are considered to be reasonable. The purchasing office shall annotate the purchase requisition: 'Price is fair and reasonable' and sign. Such purchases shall be distributed equitably among qualified suppliers. When practical, a quotation will be solicited from other than the previous supplier prior to placing a repeat order. The administrative cost of verifying the reasonableness of the price of purchase 'not in excess of' may more than offset potential savings in detecting instances of overpricing. Therefore, action to verify the reasonableness of the price need be taken only when the procurement officer of the governmental body suspects that the priced may not be reasonable, e.g., comparison to previous price paid, personal knowledge of the item involved.

(b)     Purchases from $1,501.00 to $5,000.00. Solicitations of verbal or written quotes from a minimum of three qualified sources of supply shall be made and documentation of the quotes attached to the purchase requisition. The award shall be made to the lowest responsive and responsible source.

(c)     Purchases from $5,001.00 to $10,000.00. Solicitation of written quotes from a minimum of three qualified sources of supply shall be made and documentation of the quotes attached to the purchase requisition. The award shall be made to the lowest responsive and responsible sources.

(d)     Purchases from $10,001.00 to $25,000.00. Written solicitation of written quotes from a minimum of five qualified sources of supply shall be made. The procurement shall be advertised at least once in the South Carolina Business Opportunities publication. A copy of the written solicitation and written quotes shall be attached to the purchase requisition. The award shall be made to the lowest responsive and responsible source.

(3)     Protest Rights. The provisions of Section 11-35-4210 shall not apply to contracts awarded under the procedures set forth in this section."

SECTION     23.     The 1976 Code is amended by adding:

"Section 11-35-1825.     The State Engineer's Office shall develop a procedure and a list of criteria for prequalifying construction bidders. The criteria shall include, but not be limited to, prior performance, recent past references on all aspects of performance, financial stability, and experience on similar construction projects. A governmental body may use the prequalification process only for projects where the construction involved is unique in nature as determined by the State Engineer's Office, and under the supervision of the State Engineer's Office unless the project falls within the governmental body's procurement certification limits.

When the prequalification process is employed, only those bidders who are prequalified through this procedure are entitled to submit a bid for the project. The determination of which bidders are prequalified, and thereby entitled to bid, is not protestable under Section 11-35-4210 or any other provision of this code."

SECTION     24.     Section 11-35-2010(2) of the 1976 Code is amended to read:

"(2)     Contract forms. The board shall promulgate by regulation the form of the contracts to be used in connection with state purchasing and construction. The forms as shall be developed for Article 9 of this chapter shall be printed as a part of those regulations. A governmental body may enter into a contract or agreement without using the form promulgated pursuant to the board's regulation when the contract or agreement is for the rental of equipment valued at ten thousand dollars or less and the duration of the contract or agreement does not exceed ninety days."

SECTION     25.     Section 11-35-2410 of the 1976 Code is amended to read:

"Section 11-35-2410.     The determinations required by Section 11-35-1520(8) (Competitive Sealed Bidding: Correction or Withdrawal of Bids; Cancellation of Awards), Section 11-35-1530(1) (Competitive Sealed Proposals, Conditions for Use), Section 11-35-1530(9). (Competitive Sealed Proposals, Selection and Ranking of Prospective Offerors), Section 11-35-1530(7)(10) (Competitive Sealed Proposals Award), Section 11-35-1540 (Negotiations After Unsuccessful Competitive Sealed Bidding), Section 11-35-1560 (Sole Source Procurement), Section 11-35-1570 (Emergency Procurement), Section 11-35-1810(2) (Responsibility of Bidders and Offerors, Determination of Nonresponsibility), Section 11-35-1830(3) (Cost or Pricing Data, Cost or Pricing Data Not Required), Section 11-35-2010 (Types and Forms of Contracts), Section 11-35-2020 (Approval of Accounting System), and Section 11-35-2030(2) (Multi-Term Contracts, Determination Prior to Use), Section 11-35-3220(5) (Procurement Procedure, Selection and Ranking of the Five Most Qualified) and Section 11-35-4210(7) (Stay of Procurement During Protests. Decision to Proceed) shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law. The chief procurement officers shall review samples of such determinations periodically and issue reports and recommendations on the appropriateness of the determinations made."

SECTION     26.     Section 11-35-3020 of the 1976 Code, as last amended by Act 442 of 1992, is further amended to read:

"Section 11-35-3020.     (1)     Source Selection. All state construction contracts shall be awarded by competitive sealed bidding pursuant to the procedures set forth in Section 11-35-1520 subject to the exceptions enumerated in subsection (2) of this section and except as provided in Sections 11-35-1550, 11-35-1560 and 11-35-1570 Competitive sealed proposals as provided in Section 11-35-1530 and multi-step sealed bidding as provided in Section 11-35-1520(11) shall not be used, except in such cases and in accordance with criteria as may be authorized and prescribed by regulation of the board.

(2)     Exceptions in Competitive Sealed Bidding Procedures. The process of competitive sealed bidding as required by subsection (1) of this section shall be performed in accordance with the procedures outlined in Article 5 of this code subject to the following exceptions:

(a)     Invitation for Bids. In lieu of Section 11-35-1520(2), Section 11-35-1520(3), and Section 11-35-1520(4), invitations for bids for each state construction project subject to subsection (1) of this section shall be made in the following manner. Each using agency shall be responsible for developing a formal invitation for bids for each state construction project subject to subsection (1) of this section. The invitation shall include, but not be limited to, all contractual terms and conditions applicable to the procurement. A copy of each invitation for bids shall be filed with the state engineer's office and shall be formally advertised in an official state government publication. The manner in which this official state government publication shall be published, the content of the publication itself, the frequency of the publication, the method of subscription to the publication, and the manner by which the publication will be distributed shall be established by regulation of the board.

(b)     Bid Acceptance. In lieu of Section 11-35-1520(7), the following provision applies. Bids must be accepted unconditionally without alteration or correction, except as otherwise authorized in this code. The using agency's invitation for bids shall set forth all requirements of the bid including, but not limited to:

(i)     The architectural and engineering firm hired by the agency must determine the significant subcontractors needed for the project, without percentages or dollars, on a project-by-project basis. It is mandatory that these significant subcontractors be included in the invitation for bids and the response to the invitation for bids. Any bidder in response to an invitation for bids shall set forth in his bid the name and location of the place of business of each significant subcontractor as referenced in appropriate documents of the American Institute of Architects (with no percentages or dollars) on a project-by-project basis and include these in the bid documents as mandatory to be supplied with the bid. who will perform work or render service to the prime contractor to or about the construction, or who will specifically fabricate or install a portion of the work and whose contract will exceed two percent of the prime contractor's total base bid. If the prime contractor determines to use his own employees to perform any portion of the work for which he would otherwise be required to list a subcontractor and if the prime contractor is qualified to perform such work under the terms of the invitation for bids, the prime contractor shall indicate this in his bid and not subcontract any of that work except with the approval of the using agency for good cause shown.

(ii)     Failure to list subcontractors in accordance with this section comply with the listing requirements of subitem (i) above renders the prime contractor's bidder's bid unresponsive.

(iii)     No prime contractor whose bid is accepted shall substitute any person as subcontractor in place of the subcontractor listed in the original bid, except for one or more of the following reasons:

(a)     Upon a showing satisfactory to the using agency by the contractor that a subcontractor who was listed is not financially responsible;

(b)     upon a showing satisfactory to the using agency by the contractor that the scope of work bid by a listed subcontractor did not include a portion of the work required in the plans and specifications, and the exclusion is not clearly set forth in the listed subcontractor's original bid;

(c)     upon a showing satisfactory to the using agency made by the contractor within four working days of the bid opening that the subcontractor was listed as a result of an inadvertent clerical error;

(d)     upon a showing satisfactory to the using agency by the contractor that the listed subcontractor failed or refused to submit a performance and payment bond when requested by the prime contractor after the subcontractor had represented to the prime contractor that he could obtain a performance and payment bond;

(e)     upon a showing satisfactory to the using agency by the contractor that the listed subcontractor is required to be licensed and does not have the license by the time it is required by law;

(f)     when the listed subcontractor fails or refuses to perform his subcontract;

(g)     when the work of the listed subcontractor is found by the using agency to be substantially unsatisfactory;

(h)     upon mutual agreement of the contractor and subcontractor;

(i)     with the consent of the using agency for good cause shown.

The request for substitution must be made to the using agency in writing. This written request does not give rise to any private right of action against the prime contractor in the absence of actual malice.

(iv)     Where substitution is allowed, the prime contractor, before obtaining prices from any other subcontractor, must attempt in good faith to negotiate a subcontract with at least one subcontractor whose bid was received prior to the submission of the prime contractor's bid. Nothing in this section affects a contractor's ability to request withdrawal of a bid in accordance with the provisions of this code and the regulations promulgated under it.

(v)     The using agency shall send all responsive bidders a copy of the bid tabulation within ten working days following the bid opening.

(c)     In lieu of Section 11-35-1520(10) the following provisions apply. Unless there is a compelling reason to reject bids as prescribed by regulation of the board, notice of an intended award of a contract to the lowest responsive and responsible bidder whose bid meets the requirements set forth in the invitation for bids shall be given by posting such notice at a location which has been specified in the invitation for bids. The invitation for bids and the posted notice must contain a statement of a bidder's right to protest under Section 11-35-4210(1) and the date and location of posting must be announced at bid opening. In addition to posting notice as provided above, the using agency shall promptly send all responsive bidders a copy of the notice of intended award and of the bid tabulation. Such mailed notice must indicate the posting date and must contain a statement of the bidder's right to protest under Section 11-35-4210(1).

Sixteen days after notice is given the agency may enter into a contract with the bidder named in the notice in accordance with the provisions of this code and of the bid solicited. A determination of responsibility must be made before award in accordance with Section 11-35-1810.

(c) (d)     Negotiations After Unsuccessful Competitive Sealed Bidding. In lieu of Section 11-35-1540, the following provisions shall apply:

(1)     When bids received pursuant to an invitation for bids are unreasonable, exceed available funds or were not independently reached in open competition and it is determined in writing by the chief procurement officer or his designee that time or other circumstances will not permit the delay required to resolicit competitive sealed bids, a contract may be negotiated pursuant to this section with the lowest responsible and responsive bidder, provided that the lowest base bid does not exceed available funds by an amount greater than five percent of the construction budget established for that portion of the work. The using agency may change the scope of the work to reduce the cost to within the established construction budget.

(2)     When the lowest base bid received pursuant to an invitation for bids exceeds approved available funds and the using agency is able to identify additional funds for the project, as certified by the appropriate fiscal officers, in the amount of the difference between the lowest base bid and the approved available funds for the project, the using agency shall submit its request to use such additional funds to the board and the Joint Bond Review Committee in accordance with Sections 3A and 3B of Act 761 of 1976 which were added pursuant to Sections 2-47-40, and 2-47-50."

SECTION     27.     The 1976 Code is amended by adding:

"Section 11-35-3025.     Each agency of state Government shall be allowed to approve and pay for amendments to Architectural/Engineering contracts and change orders to construction contracts, within agency certification which do not alter the original scope or intent of the project, and which do not exceed the previously approved project budget."

SECTION     28.     Section 11-35-3030(1)(a) of the 1976 Code is amended to read:

"(1)     Bid Security. (a) Requirement for Bid Security. Bid security shall be is required for all competitive sealed bidding for construction contracts in excess of one hundred thousand dollars and such other contracts as may be prescribed by the state engineer's office. Bid security shall be a bond provided by a surety company meeting the criteria established by the regulations of the board or otherwise supplied in a form which may be established by regulation of the board."

SECTION     29.     Section 11-35-3030(1)(c) of the 1976 Code is amended to read:

"(c)     Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for bids requires security, noncompliance requires that the bid be rejected except that a bidder who fails to provide bid security in the proper amount or a bid bond with the proper rating shall be given one working day from bid opening to cure such deficiencies. If the bidder cannot cure these deficiencies within one working day of bid opening his bid shall be rejected."

SECTION     30.     Section 11-35-3030(2)(a) of the 1976 Code is amended by adding at the end:

"(iii)     in the case of a construction contract valued at one hundred thousand dollars or less, the using agency may waive the requirements of (i) and (ii) above, provided that the using agency has protected the State."

SECTION     31.     Section 11-35-3210(1) of the 1976 Code is amended to read:

"(1)     Applicability. Architect-engineer, construction management, and land surveying services shall be procured as provided in Section 11-35-3220 except as authorized by Section Sections 11-35-1560, 11-35-1570, and Section 11-35-3230."

SECTION     32.     Section 11-35-3220(3), (5), and (6) of the 1976 Code are amended to read:

"(3)     Response to Invitation. The date for submission of information from interested persons or firms in response to an invitation shall be not less than thirty fifteen days after publication of the invitation. Interested architect-engineer, construction management, and land surveying persons or firms shall be required to respond to the invitation with the submission of a current and accurate Federal Standard Form 254, Architect-Engineer and Related Services Questionnaire and Federal Standard Form 255, Architect-Engineer and Related Services Questionnaire for Specific Project, or such similar information as the board may prescribe by regulation, and any other information which the particular invitation may require.

(5)     Selection and Ranking of the Five Most Qualified. The agency selection committee shall evaluate each of the persons or firms interviewed in view of their:

(a)     past performance;

(b)     the ability of professional personnel;

(c)     willingness to meet time and budget requirements;

(d)     location;

(e)     recent, current, and projected work loads of the firms; and

(f)     creativity and insight related to the project; and

(f) (g)     related experience on similar projects. Based upon these evaluations, the agency selection committee shall select the five persons or firms which, in its judgment, are the best qualified, ranking the five in priority order. The agency selection committee's report ranking the five chosen persons or firms shall be in writing and shall include data substantiating its determinations.

(6)     Notice of Selection and Ranking. The agency selection committee may submit its written report ranking the five recommended persons or firms to the governing body of the using agency for its evaluation and approval. When it is determined that the ranking report is final by the agency, written notification of the election and order of preference shall be immediately sent to all of those that responded to the agency selection committee's invitation to submit information."

SECTION     33.     Section 11-35-3230 of the 1976 Code is amended to read:

"Section 11-35-3230.     (1)     Procurement Procedures for Certain Contracts. All governmental bodies securing architect-engineer or land surveying services which are estimated not to exceed an amount or amounts to be established by regulation of the board may employ the architects, engineers or land surveyors by direct negotiation and selection, taking into account (a) the nature of the project, (b) the proximity of the architect-engineer or land surveying services to the project, (c) the capability of the architect, engineer, or land surveyor to produce the required services within a reasonable time, (d) past performance, and (e) ability to meet project budget requirements All governmental bodies securing architect-engineer or land surveying service which is estimated not to exceed eighteen thousand dollars may employ the architects, engineers, or land surveyors by direct negotiation and selection, taking into account (a) the nature of the project, (b) the proximity of the architect-engineer or land surveying services to the project, (c) the capability of the architect, engineer, or land surveyor to produce the required service within a reasonable time, (d) past performance, and (e) ability to meet project budget requirements.

(2) Maximum Fees Payable to One Person or Firm. Fees paid during the twenty-four month period immediately preceding negotiation of the small contract by any single governmental body for professional services performed by any one architectural-engineering or land surveying firm pursuant to this section and Section 11-35-3220 shall not exceed an amount to be established by regulation of the board. All persons or firms seeking to render professional services pursuant to this section shall furnish the governmental body with whom the firm is negotiating a list of professional services, including the fees paid therefor, performed for the governmental body during the fiscal year immediately preceding the fiscal year in which the negotiations are occurring and during the fiscal year in which the negotiations are occurring Fees paid during the twenty-four month period immediately preceding negotiation of the contract by any single governmental body for professional services performed by any one architectural-engineering or land surveying firm pursuant to Section 11-35-3230(1) shall not exceed fifty-four thousand dollars. All persons or firms seeking to render professional services pursuant to this section shall furnish the governmental body with whom the firm is negotiating a list of professional services, including fees paid therefor, performed for the governmental body during the fiscal year immediately preceding the fiscal year in which the negotiations are occurring and during the fiscal year in which the negotiations are occurring.

(3) Approval of Contracts by State Engineer's Office. All contracts negotiated pursuant to this section shall be submitted for approval to the state engineer's office in accordance with regulations to be established by the board prior to the awarding and execution of the contracts.

(4) Splitting of Larger Projects Prohibited. No using agency may break a project into small projects for the purpose of circumventing the provisions of Section 11-35-3220 and this section."

SECTION     34.     Chapter 35, Title 11 of the 1976 Code is amended by adding:

Section 11-35-3310.     Indefinite Delivery Contracts for Construction Items, Architectural-Engineering and Land Surveying Services.

(1)     General Applicability.     Indefinite delivery contracts may be awarded on an as-needed basis for construction related services pursuant to the procedures set forth in Section 11-35-3020 and for architectural-engineering and land surveying services pursuant to Section 11-35-3220. When either of these two types of contracts is awarded they shall be limited to a total expenditure of $200,000 for a two year period with individual project expenditures not to exceed $100,000.

(2)     Grant or Other Funded Research Projects.     A government body may establish an indefinite delivery contract pursuant to the procedures set forth in Section 11-35-3020 for use on an as-needed basis for construction or renovation funded by grant or other nonappropriated funds given for research projects. A contract established under this section shall be limited to a total expenditure of $250,000 for a two year period with individual project fees not to exceed $100,000.

(3)     Small Indefinite Delivery Contracts.     Small indefinite delivery contracts for architectural-engineering and land surveying services may be procured as provided in Section 11-35-3230. A contract established under this section shall be subject to and included in the limitations for individual and total contract amounts provided in Section 11-35-3230, and any regulations promulgated thereunder."

SECTION     35.     Article 17, Chapter 35 of Title 11 of the 1976 Code is amended to read:

Section 11-35-4210.     (1)     Right to Protest. Any actuator prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation or award of a contract may protest to the appropriate chief procurement officer. The protest, setting forth the grievance, shall be submitted in writing within ten days after such aggrieved persons know or should have known of the facts giving rise thereto, but in no circumstances after thirty days of notification of award of contract.

Right to Protest; Exclusive remedy. Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation of a contract shall protest to the appropriate Chief Procurement Officer in the manner stated in subsection (2) below within fifteen days of the date of issuance of the Invitation for Bids or Requests for Proposals or other solicitation documents whichever is applicable or any amendment thereto, if the amendment is at issue.

Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest to the appropriate Chief Procurement Officer in the manner stated in subsection (2) below within fifteen days of the date notification of award is posted in accordance with this code.

The rights and remedies granted in this article to a disappointed bidder, offeror, contractor, or subcontractor are to the exclusion of all other rights and remedies of such disappointed bidder, offeror, contractor, or subcontractor against the State at common law or otherwise for the loss or potential loss of an award of a contract under the South Carolina Consolidated Procurement Code.

(2)     Authority to Resolve Protests. The appropriate chief procurement officer, the head of a purchasing agency or designees thereof shall have authority, prior to the commencement of an administrative review, as provided in this article, to settle and resolve a protest of an aggrieved bidder, offeror, contractor or subcontractor, actual or prospective, concerning the solicitation or award of a contract. This authority shall be utilized in a manner consistent with regulations or laws governing the procurement of supplies, services and construction for the State.

Protest Procedure. A protest under subsection (1) above shall be in writing, submitted to the appropriate Chief Procurement Officer and shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided.

(3)     Decision. If the protest is not resolved by mutual agreement, the appropriate chief procurement officer shall promptly issue a decision in writing within ten days. The decision shall state the reasons for the action taken.

Duty and Authority to Attempt to Settle Protests. Prior to commencement of an administrative review as provided in subsection (4) the appropriate Chief Procurement Officer, the head of a purchasing agency, or designees thereof shall attempt to settle by mutual agreement a protest of an aggrieved bidder, offeror, contractor, or subcontractor, actual or prospective, concerning the solicitation or award of the contract. The appropriate Chief Procurement Officer, the head of a purchasing agency, or designees thereof shall have the authority to approve any settlement reached by mutual agreement.

(4)     Administrative Review and Decision. If in the opinion of the Appropriate Chief Procurement Officer, after reasonable attempt, a protest cannot be settled by mutual agreement, the appropriate Chief Procurement Officer shall promptly conduct an administrative review and shall issue a decision in writing within ten days of completion of the review. The decision shall state the reasons for the action taken.

(4) (5)     Notice of Decision. A copy of the decision under subsection (3)(4) of this section along with a statement of appeal rights under Section 11-35-4210(6) shall be mailed or otherwise furnished immediately to the protestant and any other party intervening. The appropriate chief procurement officer shall also post a copy of the decision at a date and place communicated to all parties participating in the administrative review and such posted decision shall indicate the date of posting on its face and shall be accompanied by a statement of the right to appeal provided in Section 11-35-4210(6).

(5) (6)     Finality of Decision. A decision under subsection (3)(4) of this section shall be final and conclusive, unless fraudulent, or unless any person adversely affected by the decision requests a further administrative review by the Procurement Review Panel, in writing, setting forth the grievance, to the Procurement Review Panel, (Review Panel), under Section 11-35-4410(1), within, ten working days of posting of the decision in accordance with Section 11-35-4210(5). The request for review shall be directed to the appropriate Chief Procurement Officer, who shall forward the request to the Panel, or to the Procurement Review Panel and shall be in writing, setting forth the reasons why the person disagrees with the decision of the appropriate Chief Procurement Officer. The protestant person may also request an interview with the panel a hearing before the Procurement Review Panel.

(6) (7)     Reimbursement for Reasonable Costs and Authority to Grant other Relief. In the event a protestant contends that it should have been awarded the contract under a solicitation but is not, then the party may apply to the Review Panel, as provided for in Section 11-35-4410, for relief. Upon receipt of this application the Review Panel may order the computation and award of a reasonable reimbursement amount including reimbursement of bid preparation costs, and may order such other and further relief as justice dictates including, but not limited to, a reward of the contract or a rebid of the contract. The decision of the review panel is the final administrative review and the decision of the review panel is appealable to the Circuit Court under the provisions of the South Carolina Administrative Procedures Act.

Stay of Procurement During Protests. In the event of a timely protest under subsection (1) above, the State shall not proceed further with the solicitation or award of the contract until a decision is rendered by the appropriate Chief Procurement Officer, or in the event of timely appeal to the Procurement Review Panel until a decision is rendered by the panel; provided, however, that solicitation or award of a protested contract will not be stayed if the appropriate Chief Procurement Officer, after consultation with the head of the using agency, makes a written determination that the solicitation or award of the contract without delay is necessary to protect the best interests of the State.

Section 11-35-4220.     (1)     Applicability. This section applies to a debarment for cause from consideration for award of contracts or a suspension from such consideration during an investigation where there is probable cause for such debarment. Authority. After reasonable notice to the person or firm involved and a reasonable opportunity for such person or firm to be heard, the appropriate Chief Procurement Officer shall have the authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interest of the State and there is probable cause for debarment. The appropriate Chief Procurement Officer may also suspend a person or firm from consideration for award of contracts during an investigation where there is probable cause for debarment. The period of debarment or suspension shall be as prescribed by the appropriate Chief Procurement Officer.

(2)     Authority. After reasonable notice of debarment to the person or firm involved, and a reasonable opportunity for such person or firm to be heard, the appropriate chief procurement officer shall have the authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interest of the State. The debarment shall be for a period as set forth by the appropriate chief procurement officer. The same officer shall have authority to suspend a person from consideration for ward of contracts, provided that doing so is in the best interest of the State, and there is probable cause for debarment. The suspension shall be for a period as prescribed by the appropriate chief procurement officer.

(3)     Causes for Debarment or Suspension. The causes for debarment or suspension shall include but not be limited to, the following:

(a)     conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(b)     conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or professional honesty which currently, seriously, and directly affects responsibility as a state contractor;

(c)     conviction under state or federal antitrust laws arising out of the submission of bids or proposals;

(d)     violation of contract provisions, as set forth below, of a character which is regarded by the appropriate chief procurement officer to be so serious as to justify debarment action:

(i)     deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(ii)     a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;

(e)     violation of an order of the Procurement Review Panel; and

(e) (f)     any other cause the appropriate chief procurement officer determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any cause listed herein.

(4) (3)     Decision. The appropriate chief procurement officer shall issue a written decision to debar or suspend within ten days of the completion of his administrative review of the matter. The decision shall state the specific reasons for the action taken, the specific reasons therefor, and the period of debarment or suspension, if any.

(5) (4)     Notice of Decision. A copy of the decision under subsection (4)(3) of this section and a statement of appeal rights under Section 11-35-4220(5) shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening. The appropriate chief procurement officer shall also post a copy of the decision at a time and place communicated to all parties participating in the administrative review and such posted decision shall indicate the date of posting on its face and shall be accompanied by a statement of the right to appeal provided in Section 11-35-4220(5).

(6) (5)     Finality of Decision. A decision under subsection (4)(3) of this section shall be final and conclusive, unless fraudulent, or unless the debarred or suspended person requests a further administrative review by the Procurement Review Panel under Section 11-35-4410(1), in writing, setting forth the reasons, to the Procurement Review Panel within ten working days of the posting of the decision in accordance with Section 11-35-4220(4). The request for review shall be directed to the appropriate Chief Procurement Officer, who shall forward the request to the Panel, or to the Procurement Review Panel and shall be in writing, setting forth the reasons why the person disagrees with the decision of the appropriate Chief Procurement Officer. The person may also request an interview with the Panel a hearing before the Procurement Review Panel.

Section 11-35-4230.     (1)     Applicability. This section applies to controversies between the State and a contractor or subcontractor when the subcontractor is the real party in interest, which arise under or by virtue of a contract between them including, but not limited to . This includes without limitation controversies based upon breach of contact, mistake, misrepresentation, or other cause for contract modification or recision. The procedure set forth in this section shall constitute the exclusive means of resolving a controversy between the State and a contractor or subcontractor concerning a contract solicited and awarded under the provisions of the South Carolina Consolidated Procurement Code.

(2)     Request for Resolution; Time for filing. Either the contracting state agency or the contractor or subcontractor when the subcontractor is the real party in interest may initiate resolution proceedings before the appropriate Chief Procurement Officer by submitting a request for resolution to the appropriate Chief Procurement Officer in writing setting forth the general nature of the controversy and the relief requested with enough particularity to give notice of the issues to be decided. A request for resolution of contract controversy must be filed within one year of the date the contractor last performs work under the contract; provided however, that in the case of latent defects a request for resolution of a contract controversy must be filed within one year of the date the requesting party first knows or should know of the grounds giving rise to the request for resolution.

(2) (3)     Authority. The appropriate chief procurement officer is authorized to settle and resolve a controversy described in subsection (1)of this section. Duty and Authority to Attempt to Settle Contract Controversies. Prior to commencement of an administrative review as provided in subsection (4), the appropriate Chief Procurement Officer shall attempt to settle by mutual agreement a contract controversy brought under this section. The appropriate Chief Procurement Officer shall have the authority to approve any settlement reached by mutual agreement.

(3) (4)     Decision. If such a claim or controversy is not resolved by mutual agreement, the appropriate chief procurement officer shall promptly issue a decision in writing within ten days. The decision shall state the reasons for the action taken. Administrative Review and Decision. If, in the opinion of the appropriate Chief Procurement Officer, after reasonable attempt, a contract controversy cannot be settled by mutual agreement, the appropriate Chief Procurement Officer shall promptly conduct an administrative review and shall issue a decision in writing within ten days of completion of the review. The decision shall state the reasons for the action taken.

(4) (5)     Notice of Decision. A copy of the decision under subsection (3) (4) of this section and a statement of appeal rights under Section 11-35-4230(6) shall be mailed or otherwise furnished immediately to the contractor all parties participating in the administrative review proceedings. The appropriate Chief Procurement Officer shall also post a copy of the decision at a time and place communicated to all parties participating in the administrative review and such posted decision shall indicate the date of posting on its face and shall be accompanied by a statement of the right to appeal provided in Section 11-35-4230(6).

(5) (6)     Finality of Decision. A copy of the decision under subsection (3) (4) of this section shall be final and conclusive unless fraudulent or unless the contractor any person adversely affected requests a further administrative review in writing setting forth the reasons, to by the Procurement Review Panel under Section 11-35-4410(1) within ten working days of the posting of the decision in accordance with Section 11-35-4230(5). The request for review shall be directed to the appropriate Chief Procurement Officer who shall forward the request to the Panel or to the Procurement Review Panel and shall be in writing setting forth the reasons why the person disagrees with the decision of the appropriate Chief Procurement Officer. The contractor person may also request an interview with the Panel a hearing before the Procurement Review Panel.

Section 11-35-4310.     Solicitations or Awards in Violation of the Law.     (1)     Applicability. The provisions of this section apply where it is determined by either the appropriate Chief Procurement Officer or the Procurement Review Panel upon administrative review that a solicitation or award of a contract is in violation of the law. The remedies set forth herein may be granted by either the appropriate Chief Procurement Officer after review under Section 11-35-4210 or by the Procurement Review Panel after review under Section 11-31-4410(1).

(2)     Remedies Prior to Award. If, prior to award of a contact, it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award may be:

(a)     canceled;

(b)     revised to comply with the law and rebid; or,

(c)     awarded in a manner that complies with the provisions of this code.

(3)     Remedies After Award. If, after an award of a contract, it is determined that the solicitation or award is in violation of law;

(a)     the contract may be ratified and affirmed, provided it is in the best interests of the State; or

(b)     the contract may be terminated and the payment of such damages, if any, as may be provided in the contract, may be awarded.

(4)     Entitlement to Costs. In addition to or in lieu of any other relief, when a protest submitted under Section 11-35-4210 is sustained, and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror may request and be awarded a reasonable reimbursement amount, including reimbursement of its reasonable bid preparation costs.

Section 11-35-4320.     Contact Controversies. Remedies Available In a contract controversy brought under the provisions of Section 11-35-4230, the appropriate Chief Procurement Officer or the procurement Review Panel, in the case of review under Section 11-35-4410(1), may award such relief as is necessary to resolve the controversy as allowed by the terms of the contract or by applicable law.

Section 11-35-4330.     Frivolous Protests.

(1)     Signature on Protest Constitutes Certificate. The signature of an attorney or party on a request for review, protest, motion, or other document constitutes a certificate by the signer that the signer has read such document, that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless increase in the cost of the procurement or of the litigation.

(2)     Sanctions for Violation. If a request for review, protest, pleading, motion, or other document is signed in violation of this subsection on or after appeal to the procurement Review Panel, the Procurement Review Panel, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the protest, pleading, motion, or other paper, including a reasonable attorney's fee.

Section 11-35-4410.     (1)     Creation. There is hereby created the South Carolina procurement Review Panel (Review Panel) which shall be charged with the responsibility of providing an administrative review of formal protests of decisions arising from the solicitation and award of contacts, the debarment or suspension of a person from the consideration for award of a contract, a decision concerning the resolution of a contract or breach of contract controversy, or any other decision, policy or procedure arising from or concerning the expenditure of state funds for the procurement of any supplies, services, or construction procured in accordance with the provisions of this code and the ensuing regulations.

There is hereby created the South Carolina Procurement Review Panel which shall be charged with the responsibility to review and determine de novo:

(a)     Requests for review of written determinations of the chief procurement officers under Sections 11-35-4210(6), 11-35-4220(5), and 11-35-4230(6); and

(b)     Requests for review of other written determinations, decisions, policies, and procedures as arise from or concern the procurement of supplies, services, or construction procured in accordance with the provisions of this code and the ensuing regulations; provided that any matter which could have been brought before the chief procurement officers in a timely and appropriate manner under Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, shall not be the subject of review under this paragraph. Requests for review under this paragraph shall be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of such written determinations, decisions, policies, and procedures.

(2)     Membership. The panel shall be composed of:

(a)     member of the Budget and Control Board appointed by the chairman; [Deleted]

(b)     [Deleted]

(c)     [Deleted]

(d)     the chairman, or his designee, of the Procurement Policy Committee;

(e)     five members appointed by the Governor from the State at large who shall be representative of the professions governed by this title including, but not limited to:

(i)     goods and services.

(ii)     information technology procurement.

(iii)     construction.

(iv)     architects and engineers.

(v)     construction management.

(vi)     land surveying services.

(f)     two state employees appointed by the Governor.

(3)     Chairperson and Meetings. The panel shall elect a chairman from among its members and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Four members present and voting shall constitute a quorum. Members of the panel shall be paid per diem mileage and subsistence as provided by law for members of boards commissions and committees to be paid from funds appropriated to the State Budget and Control Board The panel shall elect a chairman from the members at large and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Five members present and voting shall constitute a quorum. At-large members of the panel shall be paid per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. State employee members shall be reimbursed for meals, lodging, and travel in accordance with current state allowances.

(4)     Administrative Support.     The Review Panel shall receive such administrative and clerical support as is necessary for the orderly transaction of business from the auspices of the Executive Director of the board.

(5) (4)     Jurisdiction. Notwithstanding the provisions of Sections 1-23-10 et seq. or any other provision of law, the panel Procurement Review Panel shall be vested with the authority to interview any person it deems necessary, review all written decisions rendered under Sections 11-35-4210, 11-35-4220, and 11-35-4230, and record all determinations. The panel shall establish its own rules and procedures for the conduct of its business, including the holding of necessary hearings (a) establish its own rules and procedures for the conduct of its business and the holding of its hearings (b) issue subpoenas (c) interview any person it deems necessary and (d) record all determinations.

(6) (5)     Procedure. If a chief procurement officer forwards a grievance, filed under the provisions of Section 11-35-4210(5), to the Review Panel, Within fifteen days of receiving a grievance filed under Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6), or 11-35-4410(1)(b), the chairman shall convene the Review Panel within ten days to conduct an administrative review of the determinations rendered under Sections 11-35-4210, 11-35-4220, and 11-35-4230. The Review Panel shall record its determination within thirty days and shall communicate its decision to those involved in the determination in the alternative the chairman within ten days may appoint a hearing officer to conduct the administrative review and report his recommendations to the Review Panel for its determination. If a hearing officer is appointed, his report shall be submitted to the Review Panel within ten days after his appointment and the Review Panel must still record its decision within thirty days after being convened for this purpose.

(7) (6)     Finality. A determination by the Review Panel shall be final as to administrative review. Finality. The decision of the Procurement Review Panel is final as to administrative review and may be appealed to the Circuit Court under the provisions of the South Carolina Administrative Procedures Act."

SECTION     36.     Section 59-103-35 of the 1976 Code is amended to read:

"Section 59-103-35.     All public institutions of higher learning shall submit line-item summary budgets to the commission in the manner set forth in this section. The State Board for Technical and Comprehensive Education shall submit a single line-item summary budget to the commission representing the total request of all area-wide technical and comprehensive educational institutions. The budget submitted by each institution and the State Board for Technical and Comprehensive Education must include all state funds, federal grants, tuition, and fees other than funds derived wholly from athletic or other student contests, from the activities of student organizations, from approved private practice plans, and from the operation of canteens and bookstores which may be retained by the institutions and be used as determined by the respective governing boards, subject to annual audit by the State. Fees established by the respective governing boards for programs, activities, and projects not covered by appropriations or other revenues may be retained and used by each institution as previously determined by the respective governing boards, subject to annual audit by the State.

Supplemental appropriations requests from any public institution of higher education must be submitted first to the commission. If the commission does not concur in the requests the affected institution may request a hearing on the requests before the appropriate committee of the General Assembly. The commission may appear at the hearing and present its own recommendations and findings to the same committee.

No new program may be undertaken by any public institution of higher education without the approval of the commission. The provisions of this chapter apply to all college parallel, transferable, and associate degree programs of technical and comprehensive education institutions. All other programs and offerings of technical and comprehensive education institutions are excluded from this chapter. The commission has the authority to recommend the termination of an existing program at any institution within the purview of this chapter. An appeal from this recommendation must be made by the governing board of an affected institution within sixty days to the Senate Education Committee and the House Education and Public Works Committee which shall hear the parties to the appeal. If both committees refuse to concur in the recommendation for termination, the program must not be terminated pursuant to the recommendation of the commission which is the subject of this appeal. A decision must be reached by the committees within one hundred twenty days from the date of the filing of the appeal."

SECTION     37.     The provisions of this act relating to the requirements for protesting the solicitation or award of a contract are effective for bids or proposals solicited on or after July 1, 1993.

SECTION     38.     This act takes effect July 1, 1993./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE 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. WILKINS, with unanimous consent, it was ordered that H. 4081 be read the third time tomorrow.

The following Bill was taken up.

H. 4139 -- Rep. Stone: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT A CHILD, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON MAY PETITION TO ADOPT A CHILD WHO IS IN THE CUSTODY OF THE STATE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTION 20-7-1690, RELATING TO CONSENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE CERTAIN CONDITIONS UNDER WHICH FOSTER PARENTS MAY ADOPT A FOSTER CHILD.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11482AC.93), which was adopted.

Amend the bill, as and if amended, by deleting Section 1 of the bill and inserting:

SECTION     1.     Section 20-7-1670 of the 1976 Code is amended by adding at the end:

"A child in the legal custody of the South Carolina Department of Social Services only may be adopted if:

(1)     the petitioner has been approved for adoption by the department;

(2)     the child for whom adoption is sought is residing in the petitioner's home at the time the petition for adoption is filed;

(3)     the child is legally free for adoption by virtue of a court order terminating parental rights or relinquishments vesting with the department the authority to consent; and

(4)     the department, as the sole authority to consent to the adoption, consents to the adoption of the child by the petitioner."/

Amend further, Section 20-7-1690(D)(2), page 2, line 19, by deleting /relinquishment/ and inserting /authority to consent/, so that when amended item (2) reads:

/(2)     the child is legally free for adoption and authority to consent is vested with the department;/.

Amend title to conform.

Rep. WOFFORD explained the amendment.

The amendment was then adopted.

Rep. NEAL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11484AC.93).

Amend the bill, as and if amended, Section 20-7-1690(D), by adding at the end:

/If a child placing agency denies an application for adoption, the agency has an affirmative duty to inform the person whose application is denied of the available administrative procedures for review of the denial.

If consent is withheld by a person or agency vested with authority to consent pursuant to subsection (B) or (C), the court may waive the requirement of consent only if the petitioner shows by clear and convincing evidence that the consent has been withheld arbitrarily and contrary to the best interests of the child./

Amend totals and title to conform.

Rep. NEAL explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. NEAL having the floor.

Rep. FARR asked unanimous consent to recall S. 648 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. TUCKER objected.

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

Rep. BARBER moved to reconsider the vote whereby H. 3677 was given unanimous consent to receive an automatic third reading tomorrow and the motion was noted.

The Senate returned to the House with concurrence the following:

H. 4170 -- Reps. Sheheen, Delleney, Fulmer, Harrison, McElveen and McTeer: A CONCURRENT RESOLUTION TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE INTERESTS OF THE STATE OF SOUTH CAROLINA IN ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER LEARNING FOR THE PURPOSE OF PROVIDING SINGLE-GENDER POST-SECONDARY EDUCATIONAL OPPORTUNITIES TO ITS CITIZENS, AND TO ESTABLISH A COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EXPLORING ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER EDUCATIONAL OPPORTUNITIES FOR WOMEN.

H. 4201 -- Reps. Carnell, McAbee, P. Harris and Stoddard: A CONCURRENT RESOLUTION TO REQUEST THE APPROPRIATE OFFICIALS OF BAMBERG COUNTY TO NAME THE NEW SENIOR CITIZENS CENTER OF THE BAMBERG COUNTY COUNCIL ON AGING AS "THE THOMAS AND CHESSIE RHOAD SENIOR CITIZENS CENTER".

H. 4244 -- Reps. Graham, T.C. Alexander, G. Bailey, Barber, Baxley, H. Brown, Canty, Carnell, Cato, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Gamble, Govan, Hallman, Harrell, Harrison, Harvin, Harwell, Holt, Hutson, Inabinett, Kelley, Keyserling, Klauber, Koon, Law, Mattos, McAbee, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rogers, Rudnick, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Trotter, Tucker, Waites, Wells, Whipper, Wilkes, Wofford, A. Young and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE ORGANIZATIONS AND AGENCIES INVOLVED IN "OPERATION CHILD ALERT" IN SOUTH CAROLINA FOR THEIR EFFORTS IN ATTEMPTING TO HELP PROMPTLY RECOVER CHILDREN UNDER THE AGE OF TWELVE WHO ARE ABDUCTED OR ARE OTHERWISE MISSING UNDER SUSPICIOUS OR UNLAWFUL CIRCUMSTANCES, AND TO MEMORIALIZE THE FEDERAL COMMUNICATIONS COMMISSION TO ALLOW "OPERATION CHILD ALERT" TO BECOME PART OF THE EMERGENCY BROADCASTING SYSTEM, THEREBY GIVING NATIONAL EXPOSURE TO THESE CASES.

At 11:55 A.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet in Local Session tomorrow and in Statewide Session on Monday, May 31, at 2:00 P.M.

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