Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Lord God, in Your concern for Your children as seen in the messages of Easter and the Passover, inspire us to more fully rely upon You. We admit that too often we wait to pray until all else fails. Help us to know that You are not a God of the Last Resort. Deliver us from treating You like a spare tire, or a fire extinguisher or as a parachute. Forbid that we should ever conduct ourselves on the assumption that we depend upon You only when everything else fails.
This our prayer we make to our God Who waits patiently for us to pray and Who is ever ready to hear our prayers. 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 Thursday, the SPEAKER ordered it confirmed.
The Joint Insurance Study Committee Report was received and was printed in the Senate Journal on Monday, April 4.
MEMORANDUM TO: Clerk of the Senate
Clerk of the House
RE: Transcripts of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Eugene C. Stoddard
Chairman
Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards and Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The Committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:
Clemson University--three seats (at-large)
Harold D. Kingsmore (Graniteville)
Patricia H. McAbee (McCormick)
Joseph D. Swann (Greenville)
College of Charleston--six by congressional districts and two at-large
Seat 1
Gordan B. Stine, D.D.S. (Charleston)
Seat 3
Harry M. Lightsey, III (Columbia)
Seat 5
Anne T. Sheppard (Laurens)
Seat 7
Robert S. Small, Jr. (Greenville)
Seat 9
F. Creighton McMaster (Winnsboro)
Seat 11
J. David Watson (Latta)
Seat 13
Blaine Ewing (Charleston)
Thomas W. Weeks (Barnwell)
Seat 15
John F. Clark, III (Columbia)
Jeffery E. Kinard (Pawleys Island)
Francis Marion University--six by congressional districts, one unexpired term, and two at-large
Seat 1
Howard G. Lundy, Jr. (Mount Pleasant)
Seat 3
James R. Courie (Columbia)
Seat 5
Carolyn Shortt (Laurens)
Seat 7
H. Randall Dozier (Greenville)
Seat 8 (unexpired term--1996)
Alex Kiriakides, III (Greenville)
Seat 9
W.C. Stanton (Cheraw)
Seat 11
Peter D. Hyman (Florence)
Seat 13
Dianne H. Brown (Marion)
Seat 15
Allard A. Allston (Darlington)
Lander University--six by congressional districts and two at-large
Seat 1
Darlene N. Hyman (Surfside Beach)
Seat 3
Maurice Holloway (West Columbia)
Thomas J. Kosmata (Lexington)
Seat 5
William G. Stevens (Greenwood)
Seat 7
Martha S. Whitener (Union)
Seat 9
Glenn J. Lawhon, Jr. (Hartsville)
Seat 11
Morgan B. Coker (Florence)
Seat 13
Estelle M. Mauldin (Greenwood)
Seat 15
Bobby M. Bowers (Lexington)
Medical University of South Carolina--three by congressional districts/medical and non-medical professions
Medical
Seat 1
Dan Brake, M.D. (Charleston)
Donald R. Johnson II, M.D. (Charleston)
Seat 2
Thomas C. Rowland, Jr., M.D. (Columbia)
Seat 3
Stanley C. Baker, Jr., M.D. (Greenwood)
Non-medical
Seat 4
Herbert C. Granger (Greenville)
Seat 5
Robert C. Lake, Jr. (Newberry)
Seat 6
Margaret M. Addison (Holly Hill)
South Carolina State University--one by congressional district and one at-large unexpired term
Seat 3
Charles C. Lewis (Anderson)
Seat 12 (unexpired term--1996)
Bishop Johnnie M. Smith (Greenville)
The Citadel--two seats (at-large)
James E. Jones, Jr. (Greenville)
Francis P. Mood (Columbia)
William F. Sachs (Columbia)
University of South Carolina--eight by judicial circuits
Seat 1
Othniel H. Wienges, Jr. (St. Matthews)
Seat 3
A.S. Bahnmuller (Sumter)
Seat 5
William C. Hubbard (Columbia)
Seat 7
Toney J. Lister (Spartanburg)
Seat 9
Donald A. Bailey (Charleston)
Seat 11
Michael J. Mungo (Columbia)
Seat 12
C. Edward Floyd, M.D. (Florence)
Seat 13
Mack I. Whittle (Greenville)
Wil Lou Gray Opportunity School--two (at-large) one for four-year term; one unexpired three-year term
Four-year term
Mary Evelyn Williams (West Columbia)
Three-year term
Faye C. Edwards (Gaffney)
Winthrop University--two seats (at-large)
Mary Anne Douglas Lake (Belton)
Harold P. Tuttle, Jr. (Rock Hill)
The proceedings taken at Room 433, Blatt Building, Columbia, South Carolina, on the 17th day of March 1994, before Elaine M. Boyd, Certified Court Reporter (ID) and Notary Public in and for the State of South Carolina.
Members:
Representative Eugene C. Stoddard, Chairman
422B, Blatt Building
Columbia, South Carolina 29211
Representative Jennings G. McAbee
522C Blatt Building
Columbia, South Carolina 29211
Representative Curtis B. Inabinett
328D Blatt Building
Columbia, South Carolina 29211
Representative H. Howell Clyborne, Jr.
503A Blatt Building
Columbia, South Carolina 29211
Senator Alexander S. Macaulay, Vice-Chairman
305 Gressette Building
Columbia, South Carolina 29211
Senator Warren K. Giese
512 Gressette Building
Columbia, South Carolina 29211
Senator Maggie W. Glover
613 Gressette Building
Columbia, South Carolina 29211
Senator Addison G. Wilson
606 Gressette Building
Columbia, South Carolina 29211
THE CHAIRMAN: We will commence. First I'd like to introduce our panel members. We have Vice Chairman Senator Macaulay on my left, Senator Wilson below him and our Secretary, Mr. -- Representative Inabinett on my right. I'm Gene Stoddard. Any of the committee members have any remarks they'd like to make?
SENATOR WILSON: Mr. Chairman, I'm Mr. Joe Wilson from Lexington County and I am really delighted to see people who I have the highest respect for, even General Hyman is sitting out there today. And I'm delighted to see the quality of the people who want to serve on the boards and commissions of the universities and colleges of South Carolina.
And traditionally I've asked a question, but we have such a plethora of candidates today that I just want to make a statement and that is to express concern about the graduation rate in our public colleges and universities in South Carolina. I can know culturally for me, I thought it was imperative that I finish in four years. And I would like that this principle be in place because I'm just very concerned for the students, their parents, the taxpayers that so many students now are going far beyond four years to get an undergraduate degree and that very much concerns me.
And so I really want to make that point and urge those of you who are elected, those of you who aren't elected to all be working for a higher graduation rate, get these students in, get them educated and get them back into society being productive for themselves and for their families and for the State of South Carolina.
THE CHAIRMAN: Any other comment? Thank you, Senator Wilson. Senator Macaulay.
SENATOR MACAULAY: Mr. Chairman, I notice that we have several positions that seem to be uncontested and inasmuch as we do have a rather heavy agenda today as well as an early meeting of the House, I understand, too, for some important information, I would move now that we permit those uncontested positions if they would, if you call -- if the Chair would call their name, have them stand and for each of us, I think we all know you, but the only thing is it would be a help to be sure that we know that you're still interested and still with us.
I say that because one time we had an appointment come before one my committees and we debated it for some length until someone finally said, well, didn't he die about six weeks ago and I don't want to have that embarrassment again, so -- but if we could, Mr. Chairman, I would ask -- and I guess we're talking with Clemson University, is that the first --
THE CHAIRMAN: Yes, and we have one candidate who couldn't appear next week, a USC candidate that we have promised to accommodate.
SENATOR MACAULAY: Well, with that, and we have, what, three seats and we have three candidates, that would mean there is no contest there.
THE CHAIRMAN: Correct.
SENATOR MACAULAY: I would just ask that Mr. Kingsmore and Mrs. McAbee and Mr. Swann if they are here.
THE CHAIRMAN: Would you please stand?
SENATOR MACAULAY: And I move that why is it -- that they be permitted to be excused. The reports are all in order; is that correct?
THE CHAIRMAN: Correct. Correct.
SENATOR MACAULAY: I would thank them for being here today and --
SENATOR WILSON: Mr. Chairman, it certainly should not be a surprise, but there is also no derogatory information about any of these three nor any of the other uncontested candidates today. And I think for the record that's important and that we recognize that nothing derogatory is in the records of that which has been provided to the committee.
THE CHAIRMAN: The first time we've ever had a hundred percent clean group. These three candidates, you can be excused if you desire to be. And we'll be back in touch with you after our final screening date next week. Tentatively, I think the election will either be the 13th of April or the 20th. I believe I'm correct. The 13th or the 20th, that's tentative. We appreciate you coming. We certainly appreciate the good work ya'll are doing.
Mr. Mack Whittle, is he present? Mr. Whittle is a candidate for USC, an incumbent who, of course, has enjoyed one of the clean records and I would entertain the same motion on Mr. Whittle.
SENATOR WILSON: So moved.
THE CHAIRMAN: All right. Thank you for coming Mr. Whittle.
Next we will go to the College of Charleston. Doctor Stine.
DOCTOR STINE: If I may, Mr. Representative, I'd just like to have the group recognize that we are the number one basketball team in the state. And I appreciate ya'll allowing me to be -- get back to Charleston in time, time enough to watch the game on TV and I appreciate that.
THE CHAIRMAN: I appreciate you enlightening us. I'm sure none of us were aware of that. Mr. Lightsey. Ms. Sheppard. Mr. Small. Mr. McMaster. Mr. Watson. You may all be excused.
Now, the Francis Marion candidates. Mr. Lundy. Mr. Courie. Ms. Shortt.
MS. SHORTT: Good morning.
THE CHAIRMAN: Mr. Dozier. Mr. Kiriakides. I hope I got close on that, sir.
SENATOR WILSON: It was excellent.
THE CHAIRMAN: Mr. Stanton. I don't know who this gentleman is, they call him the father, but down there, Mr. Hyman. Ms. Brown. Mr. Allston. We certainly appreciate ya'll coming and you may be excused. We certainly appreciate the job you've done.
MR. HYMAN: Thank you, Mr. Chairman.
THE CHAIRMAN: We go now to Wil Lou Gray Opportunity School. Ms. Williams. Is she present? Ms. Edwards. Faye Edwards. Ms. Williams, you may be excused.
MS. WILLIAMS: Thank you.
HE CHAIRMAN: We appreciate your coming. I didn't even look at -- our competent secretary, Donna Tinsley, notes here that Ms. Edwards had ask to appear next week. She's out of town.
Now, we go back to our first College of Charleston, Seat 13. Yes, sir. Mr. Ewing, is he here? Sir, would you take the stand please.
BLAINE EWING, having been duly sworn, testified as follows:
THE CHAIRMAN: Considering your present occupation or other activities will you be able to attend board meetings on a regular basis?
A. Yes, sir.
THE CHAIRMAN: 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?
A. No, sir.
THE CHAIRMAN: Do you now hold any position of honor or trust that would violate the Dual Office Holding clause of the Constitution?
A. I don't follow that question.
THE CHAIRMAN: Do you -- are you presently on any board or commission or elective office --
A. I'm on the Tourism Commission in the City of Charleston.
THE CHAIRMAN: We'd have to check into that. If it was a conflict according to the Constitution, would you resign that position, if elected?
A. Oh, absolutely.
THE CHAIRMAN: Any questions, gentlemen?
SENATOR WILSON: Mr. Chairman, inquiry.
THE CHAIRMAN: Yes.
SENATOR WILSON: Seat 13, is this an At-Large seat?
THE CHAIRMAN: Yes, I believe it is.
A. Yes, it is.
SENATOR WILSON: Statewide At-Large.
REPRESENTATIVE INABINETT: I have one, question.
THE CHAIRMAN: Mr. Inabinett.
EXAMINATION BY REPRESENTATIVE INABINETT:
Q. Mr. Ewing, sometime ago the College of Charleston had problems housing all of the students, if you're elected to the Board in your opinion how can you help resolve that concern?
A. Let me kind of back up on that. First of all, I think, you know, the college is one of the oldest colleges in the country and it's happened to be situated in one of the oldest neighborhoods in the country, too - Harleston Village, Mazyck, Wraggsborough, Ansonborough - and the College has grown from 500 students now to where we have got 10,000 students and there has become a housing problem and the neighborhoods have felt that.
I feel that my experience in living in those neighborhoods would be able to help the Trustees and the College be able to get a better feel for what the impact is of not having housing in that area.
Q. Just one more, I'd just like to make a statement. About two years ago, there were a few senior citizens in the City of Charleston that was willing to give free room and board to a college student that would just live with them as a companion like to be with them in the evening. Would you support that kind of venture?
A. Sure. I would support that. I think it would be a great idea.
Q. Thank you.
SENATOR MACAULAY: Mr. Chairman.
THE CHAIRMAN: Senator Macaulay.
EXAMINATION BY SENATOR MACAULAY:
Q. Mr. Ewing, I notice in the questions that have all been addressed to you as a candidate for the College of Charleston Board. I thought ya'll were a university.
A. Well, you're right. We are. But I think --
Q. What is the name? I get confused. Is it a University of the College of Charleston or the College of Charleston University?
A. I think that we all like the College of Charleston that we didn't want to change her and you're right, it is a university, but I think if you ask everybody what is the college, it's the College of Charleston. It's sort of a -- well, what else can I say?
Q. Well, don't -- for the record, really, what is the name of it now?
A. It is a university.
Q. I mean if we had to have an official record for the General Assembly of South Carolina, it was going to be published for -- you know.
SENATOR WILSON: Posterity.
Q. Posterity.
A. Posterity.
Q. What would we call the institution down there below Calhoun Street?
A. Well, we'd call it Charleston University, I suppose.
Q. Charleston University. All right. Charleston University. Thank you. I was just curious.
SENATOR WILSON: Mr. Chairman, you need to know that was a Citadel graduate who is very interested --
THE CHAIRMAN: Oh, okay.
SENATOR WILSON: -- what the name is, so you can imagine --
MR. MACAULAY: I can see it. I understand it.
SENATOR WILSON: -- his level of interest.
SENATOR MACAULAY: The Citadel, I think, is the only college left in South Carolina, a public four-year institution. I just want to be sure there wasn't another.
A. Oh, I understand. I'm perfectly clear.
SENATOR MACAULAY: Thank you.
THE CHAIRMAN: I thought that was Central Military University.
SENATOR MACAULAY: I wouldn't -- I don't think they'll let us have university status.
THE CHAIRMAN: Thank you, sir.
A. Your welcome.
MR. CHAIRMAN: Next, Mr. Weeks.
MR. WEEKS: Yes, sir. Tom Weeks.
THE CHAIRMAN: Mr. Weeks, would you raise your right hand, please, sir
THOMAS W. WEEKS, having been duly sworn, testified as follows:
THE CHAIRMAN: Considering your present occupation or other activities would you be able to attend board meetings on a regular basis?
A. Yes, sir.
THE CHAIRMAN: 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 a full capacity?
A. None, sir.
THE CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the Dual Office Holding clause of the Constitution?
A. No, I do not.
THE CHAIRMAN: Gentlemen, questions?
A. May I please, the College of Charleston is our undergraduate school. The University of Charleston, not Charleston University, the University of Charleston is our graduate program.
THE CHAIRMAN: I appreciate you straightening us out on that.
SENATOR MACAULAY: I was just curious, Mr. Chairman, because as I say we still have on our -- well, which board people were running. Are you running for the University Board or the College Board?
A. It's both. It's the College of Charleston slash University of Charleston.
SENATOR MACAULAY: Oh, it is? That's what we were just talking about. There is a slash in there now?
A. Yes. Yes, sir.
THE CHAIRMAN: Any other questions?
REPRESENTATIVE INABINETT: Yes, I have one, another question.
THE CHAIRMAN: Mr. Inabinett.
EXAMINATION BY REPRESENTATIVE INABINETT:
Q. In South Carolina and throughout the country, minority teachers are becoming harder and harder to find. They're just not going into the teaching option. If elected to the Board, what do you think you could do to help remedy that problem?
A. Thank you, Representative. Number one, I believe very strongly that we must continue all of our efforts to increase the minority in the teaching profession. We have already at the College of Charleston. I think we've got to continue to do that all the way down to our high school level. It's got to be done.
We've got to encourage Afro-Americans and all other minorities that the teaching profession is not only very noble, but to me the education of the citizens of South Carolina is the most important thing for us to move from an agricultural society into a high tech industry that our state is becoming.
I have talked at civic meetings in my home area of Barnwell encouraging all students regardless of their race to get their education and also to become teachers. My wife went back to school through the tech schools and obtained a teacher's certificate to teach computer programing at Barnwell High School for five years, so I'm very much in favor and also speak very highly of the fact that the profession meets all, all citizens and certainly they need minorities.
Q. Thank you, sir.
SENATOR MACAULAY: Are there any further questions of Mr. Weeks?
SENATOR WILSON: I'd just like to thank you for clarifying about the College of Charleston -- what is the name of it?
A. College of Charleston slash University of Charleston, which is our graduate program.
SENATOR WILSON: And I as a former native of the State of Charleston, I am not the precise bit surprised that there would be controversy over the name. And -- but we sure are proud of the College/University as to its development because I remember when it had 300 students and so that's certainly an indication of my age. But it's really terrific when I go visit and see the students and I'm proud of President Sanders. We have a lot to be proud of and I'm delighted that you and Mr. Ewing are interested in serving.
A. Thank you very much, Senator.
THE CHAIRMAN: Thank you, sir. I'll apologize for not realizing that the Winthrop Board has no opposition. There was a third candidate that was just withdrawn, so Ms. Lake, would you please stand. Mr. Tuttle, are you here?
MR. TUTTLE: Yes, sir.
THE CHAIRMAN: I certainly appreciate ya'll coming and you may be excused.
MS. LAKE: Thank you.
THE CHAIRMAN: And again I apologize. I didn't realize that. I'm just as happy as you are.
Next we have the Seat 15. Mr. Clark. Raise your right hand, please, Mr. Clark.
JOHN F. CLARK, III, having been duly sworn, testified as follows:
THE CHAIRMAN: Considering your present occupation or other activities, would you be able to attend board meetings on a regular basis?
A. I'm sorry?
THE CHAIRMAN: Considering your present activities and occupation, would you be able to attend board meetings on a regular basis?
A. Yes, sir.
THE CHAIRMAN: Do you have any health related problems that the Screening Committee should be made aware of --
A. No, sir.
THE CHAIRMAN: -- that could prevent you from serving on a regular basis?
A. No, sir.
THE CHAIRMAN: Do you now hold any public office of honor or trust that would violate the Dual Office Holding Clause of the Constitution?
A. No, sir.
THE CHAIRMAN: Gentleman, any questions of Mr. Clark?
SENATOR MACAULAY: No, Mr. Chairman.
THE CHAIRMAN: Senator Wilson.
SENATOR WILSON: No, Mr. Chairman.
EXAMINATION BY REPRESENTATIVE INABINETT:
Q. I have the same question that I had for -- with this candidate, the -- referring to the student minority recruitment into the teaching profession. If you -- how would you handle or how do you propose to get more minorities into the teaching profession?
A. We are -- we're striving very hard at the College of Charleston. I think we've made some significant efforts -- progress over the past two years. For -- percentage wise, it -- it's a tough effort. Three years ago, we had six percent minority enrollment. This year, we have eight. I know two percent doesn't -- isn't as big. I think it certainly is not where we went to end up, but we are moving in a good direction and that's because we've
-- we've had a very extensive effort to recruit minority students. We've hired Ms. Joyce Bilander (phonetic) as director of our intercultural programs and we've done -- she goes out to the schools in an active effort to recruit. We have a summer program between the junior and senior years now where we bring in perspective students and I think there is a focus on the teaching profession there bringing in students who have shown promise, may or may not go to college, or may or may not be able to go to college, we bring them in for a summer program where they can take short courses on campus -- become a part -- get accustomed to the college experience.
And I think the records have shown that -- that a very high percent of those students go on to college. Many of them at the College of Charleston.
Our School of Education is one of the biggest in terms of enrollment and emphasis at the college and I think a large proportion of minority students are going there, so we're working -- we're not where we want to be, but I think we're moving in the right direction and we very much share your concern.
Q. With reference to the housing problem for students, would you support, and if so, how would you propose to pair students with good reputations with senior citizens that sort of need a companion or someone to be with them at night?
A. Sir, I think that's an excellent idea. I had not heard that one -- that idea of -- proposed before and it's something that I would like and I will -- in fact, I'd like to get with President Sanders and get with you and discuss how we could carry that out.
It sounds like an excellent match as far as is the needs of the -- actually overcoming this problem of -- of there being some conflict between the neighborhoods and the student resident in the neighborhood, this would be
-- actually make it a more complimentary relationship and I'd like to see us move forward on that idea.
Q. Thank you, sir.
THE CHAIRMAN: Thank you, sir. Next we have Mr. Kinard.
JEFFERY E. KINARD, having been duly sworn, testified as follows:
THE CHAIRMAN: Considering your present occupation or activities, will you be able to attend board meetings on a regular basis?
A. Yes, sir.
THE CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving in a full capacity?
A. No, sir.
THE CHAIRMAN: Do you now hold any public position of honor or trust that would violate the Dual Office Holding Clause of the Constitution?
A. No, I do not.
THE CHAIRMAN: Any questions, gentlemen? Senator.
SENATOR MACAULAY: Mr. Chairman.
EXAMINATION BY SENATOR MACAULAY:
Q. Mr. Kinard, I understand that you're a graduate of the College of Charleston?
A. Yes, I am.
Q. When you were there, how large was the college?
A. 2200 students. I was there through most -- the growth was just getting started, between '73 and '77.
THE CHAIRMAN: What might the present population be there?
A. My understanding is approximately 7500 full-time students and stretches more than that with part-time students.
THE CHAIRMAN: What ya'll looking at? The ceiling? The gentlemen back there are pointing up, they think that's conservative.
A. Okay.
THE CHAIRMAN: Any other? Mr. Inabinett.
EXAMINATION BY REPRESENTATIVE INABINETT:
Q. I just -- the same question I asked of the others, but more specifically with reference to housing, did you encounter a problem when you were there?
A. When I was there, we did, Representative Inabinett. We -- at that time, my dorm that I had my freshman year was converted into a women's dorm from a men's dorm and they purchased two hotels to accommodate the extra housing which was the Golden Eagle Hotel on Calhoun which is still a dormitory at the College.
Q. What would you do to help alleviate the problem?
A. That's a touchy question because of the confinements of the college itself to where it sits in the City of Charleston. You have to move in my mind judiciously into the community as you expand the borders or the boundaries of the College of Charleston, cooperation among the community, among the residents in that area, the cooperative housing that you mentioned earlier where the students would go into the housing of other people is a good idea because it breeds for cooperation and coordination within the community.
Q. Thank you.
THE CHAIRMAN: Thank you, sir.
A. Thank you.
THE CHAIRMAN: I appreciate all of you coming. I believe that finishes those scheduled for today. The withdrawals, of course, delight us and cut our time down. We certainly appreciate you coming.
SENATOR MACAULAY: Mr. Chairman, I move that we recess until next week, so that we can hear all of the candidates.
SENATOR WILSON: That's Wednesday at 10:00 o'clock.
THE CHAIRMAN: Senator Macaulay moves to recess until next week, so we can hear the rest of the candidates. All in favor say aye, opposed no. They ayes have it.
(There being nothing further, the proceedings concluded at 9:30 a.m.)
9:05 a.m. - 9:40 a.m.
The proceedings taken at Room 433, Blatt Building, Columbia, South Carolina, on the 23rd day of March 1994, before Elaine M. Boyd, Certified Court Reporter (ID) and Notary Public in and for the State of South Carolina.
Members:
Representative Eugene C. Stoddard, Chairman
422B, Blatt Building
Columbia, South Carolina 29211
Representative Jennings G. McAbee
522C Blatt Building
Columbia, South Carolina 29211
Representative Curtis B. Inabinett
328D Blatt Building
Columbia, South Carolina 29211
Representative H. Howell Clyborne, Jr.
503A Blatt Building
Columbia, South Carolina 29211
Senator Alexander S. Macaulay, Vice-Chairman
305 Gressette Building
Columbia, South Carolina 29211
Senator Warren K. Giese
512 Gressette Building
Columbia, South Carolina 29211
Senator Maggie W. Glover
613 Gressette Building
Columbia, South Carolina 29211
Senator Addison G. Wilson
606 Gressette Building
Columbia, South Carolina 29211
THE CHAIRMAN: Several of our committee members have other appointments this morning and will be coming in. First, I would like to thank all of you for taking an interest in your fellow man by serving with such low pay. We certainly appreciate your dedication and your interest in public service.
We're going to start this morning with those candidates who are unopposed. We have reports from SLED on all you on your background. Thankfully, you all came up positive. So as I call your name, would you please stand? Darlene Hyman. William G. Stevens. Martha S. Whitener. Glenn J. Lawhon. Morgan B. Coker. Estelle M. Mauldin. Bobby M. Bowers. We caught Ms. Mauldin last week. Thomas C. Rowland, Jr. Stanley C. Baker, Jr. Herbert C. Granger. Robert C. Lake, Jr. Margaret M. Addison. Charles C. Lewis. Bishop Johnnie M. Smith. Lord, what a list. Othniel H. Wienges. A.S. Bahnmuller. William C. Hubbard. Tony J. Lister. Donald A. Bailey. Michael J. Mungo. C. Edward Floyd. Mack I. Whittle. Is Faye Edwards present?
You may feel free to leave at any time that you desire. You'll be notified of the Screening Committee's actions in the near future. The tentative date for elections is the 13th or the 20th. We are undecided which of next month. We certainly appreciate your attendance. Thank you, ladies and gentlemen.
We will now proceed with the Medical University Seat 1. The first candidate is Dan Brake. Doctor Brake, please take the stand.
DOCTOR BRAKE: Yes, sir.
THE CHAIRMAN: Doctor, raise your right hand please.
DAN BRAKE, M.D., having been duly sworn, testified as follows:
THE CHAIRMAN: Doctor, considering your present occupation or other activities will you be able to attend board meetings on a regular basis?
A. Yes, I will, sir.
THE CHAIRMAN: 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 a full capacity?
A. No, I do not.
THE CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would violate the Dual Office Holding clause of the Constitution?
A. No, sir.
THE CHAIRMAN: We now have Senator Giese who has joined us and our vice chairman Senator Macaulay. Gentlemen, do you have any questions of the candidate?
SENATOR GIESE: Mr. Chairman.
EXAMINATION BY SENATOR GIESE:
Q. I would ask, what leads you to offer for this position?
A. Well, I graduated from MUSC in 1962. I grew up in South Carolina in Lake City and went Wofford College and feel a real -- a close knit to the people in South Carolina. I feel a real deep affection for the medical university for allowing me to achieve my goal which was become a doctor and practice in this state.
I have some real concerns about what's happening in health care and where the health care system is heading. I feel it's extremely important that we have somebody that's knowledgeable about -- in the future of health care that can advise the medical university on -- I have served as a vice chairman of AMA delegation, South Carolina Medical Association, the AMA and am knowledgeable about what's happening all over the country. Unfortunately, we're behind California in a lot of ways, but managed care is here and primary care is scaring the medical universities and the private physicians as far as the entrance into health care.
There is a battle going on in Charleston right now as you well know that I don't think is good for the medical university or good for the private physicians. I think that the board is going to need some leadership in how to work together to take care of the medical university as well as we need the medical university.
Q. Where do you stand on that issue?
A. Well, I stand -- I've been called by the private coalition to join them and I basically have told them that I feel like this is the wrong approach for us to take. The private physicians are scared and I mean, there's paranoia all over health care right now because we don't know what's happening. All the managed care systems are coming down.
The medical universities all over the country are seeing patients that they're getting tied into HMOs that can't come to them and they can't survive without the patients. They can't teach students without the patients. The private physicians are concerned that these networks are going to dry up their patients and they're not going to be able to survive and it's got to be a happy medium.
I don't think the private physicians should say the medical university we're just going to send you the tertiary care. They're going to have to survive. We've got to teach our primary care doctors and they'd have to deal with private patients. And since the entrance into health care as a family physician in which people really didn't realize in the past. The family physicians realized it, but now everybody realizes it, to get into any kind of subspecialty care, you've got to go through your primary care doctor first.
Q. What is your specialty?
A. I'm in family practice.
Q. So that is of considerable interest to you?
A. It certainly is. I think, you know, the medical university realizes that family practice is the interest. They are looking at family physicians as an entrance into patients into the medical university.
The private physicians in the subspecialty area are scared about losing primary care doctors because that's what feeds the subspecialty areas. And I think we can work those situations out, but we can't do the amount that it's going on in Charleston right now.
Q. Thank you.
THE CHAIRMAN: Any other questions of the doctor? Thank you, Doctor.
A. Thank you.
THE CHAIRMAN: Our next candidate for Seat 1 is Doctor Donald R. Johnson. Doctor Johnson, would you raise your hand please.
DONALD R. JOHNSON, II, M.D., having been duly sworn, testified as follows:
THE CHAIRMAN: Do you -- considering your present occupation or other activities, would you be able to attend board meetings on a regular basis?
A. Yes, I would.
THE CHAIRMAN: Do you have any health related problems that the Screening Committee should be made aware of that would prevent you from attending on a regular basis?
A. No, I do not.
THE CHAIRMAN: Do you now hold any office of public honor or trust that if elected to the board would cause you to violate the Dual Office Holding clause of the Constitution?
A. I do not.
THE CHAIRMAN: Senator, do you have any questions of Doctor Johnson?
EXAMINATION BY SENATOR GIESE:
Q. Question, do you have any thoughts about redirecting or adjusting the position that the Board of Trustees at the Medical University now has set its course on? Do you have any changes that you think should take place?
A. Well, I'm not sure if there are any changes that need to be made as much as communication that needs to be made. I'm one of the few physicians in Charleston that have been a member of the private practice extension of MUSC known as the UMA and I'm additionally in private practice on the staff of all the hospitals in Charleston, so I'm kind of sitting on a fence.
And I think because of this, there have been people in both of these different communities that have come to me and wondered if I could maybe be a bridge or liaison between these two groups.
Right -- right now unfortunately as Doctor Brake alluded to there is a very bad argument, debate, if you will, between the private practitioners in Charleston and the University. And I think it's ultimately going to hurt both groups. The only way that this can be a winning situation for the Medical University, and it must be and the private doctors is that if they work together cooperatively. And right now they're not doing that. I think that's very unfortunate.
Q. My impression is that the Medical University needs, I won't say unusual cases, but they need things to broaden the scope of the experience of the people that they're training. Have they gone beyond that, are you saying, in looking for the, let's say, mass type of patient flow to the Medical University?
A. Well, there are a couple of things that are -- that are motivating forces. To begin with, health care reform is something that the University has to respond to just as we do in private practice.
Additionally, the University hospital is a great cost center meaning that in any health care plan or health care reform, the hospital itself is going to be a driving cost to escalate prices. The University really is trying to move as all of medicine is outside of the sub-subspecialists and to come back more to primary care type medicine. And that's right now where they're extending their tentacles, if you will, and that's where they're kind of crossing paths with the private docs in the community.
Q. They're extending their tentacles sounds to me like they're going beyond the service of specialized cases to expand the experience of the -- of their students?
A. Well, I think they are doing that and I think they have to do that. And they're also expanding outside the traditional walls of the University. For instance, they are -- they're building primary care offices in other parts of the tri-county area in places that traditionally, they had not had a presence.
And so if you have a private community say Mount Pleasant, 20 miles away and then the University builds their branch there so to speak, the private docs react to that and that's -- that's the nucleus of the debate that's going on right now.
Q. Thank you very much.
THE CHAIRMAN: Any other questions?
SENATOR MACAULAY: No, Mr. Chairman.
THE CHAIRMAN: Thank you, Doctor.
A. Thank you.
THE CHAIRMAN: Next we have Seat 3 a contest in the Lander University Board. Our first candidate would be Maurice Holloway. Mr. Holloway.
MR. HOLLOWAY: Yes, sir.
THE CHAIRMAN: Would you raise your hand, please.
MAURICE HOLLOWAY, having been duly sworn, testified as follows:
THE CHAIRMAN: Considering your present occupation or other activities, will you be able to attend board meetings on a regular basis?
A. Yes, I will.
THE CHAIRMAN: Do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving in a regular basis?
A. I don't.
THE CHAIRMAN: Do you now hold any position of honor or trust that if elected to the board would violate the Dual Office Holding clause of the Constitution?
A. I do not.
THE CHAIRMAN: Gentlemen, any questions of Mr. Holloway?
EXAMINATION BY SENATOR GIESE:
Q. Are you any relative of Superintendent Holloway?
A. No, I'm not, but I do know him.
Q. Superintendent I believe down in Orangeburg?
A. I thought he had moved. Maybe not. But he was at Spring Valley area at one time. Right.
THE CHAIRMAN: Any other questions?
SENATOR MACAULAY: One, Mr. Chairman.
EXAMINATION BY SENATOR MACAULAY:
Q. Mr. Holloway, you attended, in fact, you got your degrees at Lander?
A. Right. I did, sir.
Q. Do you notice any difference from the time it was a college to now it's a university?
A. A great difference. And the fact that some of my motivation come out of the fact that my parents, we're -- they had five children. I'm the oldest of them. All five of us attended Lander and are proud about the way the University has gone and where it has taken us, so that's a lot of my motivation for being here. I want to see it impact other lives as it has impacted ours.
Q. Thank you.
A. Thank you.
SENATOR MACAULAY: No other questions.
THE CHAIRMAN: Thank you, Mr. Holloway.
A. Thank you.
THE CHAIRMAN: Our next candidate for that seat is Thomas J. Kosmata. I guess my pronunciation was close.
MR. KOSMATA: Close. Kosmata.
THE CHAIRMAN: Sir, would you raise your right hand please.
THOMAS J. KOSMATA, having been duly sworn, testified as follows:
THE CHAIRMAN: Sir, considering your present occupation or other activities, will you be able to attend board meetings on a regular basis?
A. I will.
THE CHAIRMAN: Do you have any health related problems that the Screening Committee should be made aware of that would interfere with your attendance on a regular basis?
A. No, sir, I do not.
THE CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the board would violate the Dual Office Holding clause of the Constitution?
A. No, sir, I do not.
THE CHAIRMAN: Any questions, gentlemen?
EXAMINATION BY SENATOR GIESE:
Q. Mr. Kosmata, when did you come to South Carolina?
A. I relocated -- had the opportunity to relocate to South Carolina in 1972 in the development of a major industry coming into the Columbia area.
Q. And what was your major interest -- I see you have a BS in Business Administration.
A. That's correct.
Q. What area of business administration?
A. My undergraduate degree concentrated in Human Resources manager and production operations.
Q. Why are you interested in being a member of the board?
A. I've had the opportunity to recruit -- see the recruits of the higher education system for South Carolina for -- for some 20 years now. I want to have -- a dual reason, had a dual reason, to seek candidacy. One is to give back some of the cultural outreach that I've received in relocating to South Carolina and, secondly, to -- to provide some proactive business mentality, thinking and emphasis to higher education today.
Q. Thank you.
THE CHAIRMAN: Any other questions?
SENATOR MACAULAY: No, Mr. Chairman.
THE CHAIRMAN: Thank you, sir.
A. Thank you, gentlemen.
THE CHAIRMAN: Those candidates who have been interviewed, feel free to leave at any time. Finally, we get to the last one, the Citadel Board, two seats at-large and we have three candidates. Our first candidate alphabetically is James E. Jones. Senator Wilson has now joined us.
SENATOR WILSON: Thank you.
THE CHAIRMAN: Mr. Jones, would you raise your right hand, please.
JAMES E. JONES, JR., having been duly sworn, testified as follows:
THE CHAIRMAN: Mr. Jones, considering your present occupation or other activities will you be able to attend board meetings on a regular basis?
A. Yes, sir, I will.
THE CHAIRMAN: 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?
A. I'm aware of none.
THE CHAIRMAN: Do you now hold any public office of honor or trust that if elected to the board would violate the Dual Office Holding clause of the Constitution?
A. No, sir, I do not.
THE CHAIRMAN: Gentlemen, you have any questions of Mr. Jones?
EXAMINATION BY SENATOR MACAULAY:
Q. Mr. Jones, I understand that you are now the chairman of the Board of Visitors?
A. That is correct, Senator.
Q. Has it been an interesting time you've had to occupy that position?
A. It's been one of the most difficult times since I've been on the board, sir.
Q. And you seek reelection?
A. Yes, sir, I do.
Q. No other questions, Mr. Chairman.
SENATOR WILSON: Mr. Chairman, I'm sorry I'm late. I'm delighted to see the split today of three Senators and one House Member. That is a very fair representation.
THE CHAIRMAN: Well balanced, Senator.
SENATOR WILSON: Well balanced. But I as a Charleston native am very proud of the Citadel and I want to thank you for your service and I want to let you know that we're proud of the Citadel. And when I see the different articles about the activities at the Citadel, I think all of us are very proud of the graduation rate and what the contributions that are made to the State by your students, the cadets and your graduates and I'm very proud to have two nephews there right now and all of my sons have been attendees at the Citadel summer camp which is -- means a lot to our family, so we're very proud of what the Citadel means.
A. Thank you very much for those words, sir.
THE CHAIRMAN: Any other questions? Thank you, Mr. Jones. Our next candidate is Francis P. Mood. Mr. Mood, would you raise your right hand, please.
FRANCIS P. MOOD, having been duly sworn, testified as follows:
THE CHAIRMAN: Sir, considering your present occupation or other activities, will you be able to attend board meetings on a regular basis?
A. Yes, sir. Mr. Chairman, I tried very hard to look at the demands of the practice in other areas that I'm involved in and I have made sure that I can make the necessary commitment.
THE CHAIRMAN: Do you have any health related problems the Screening Committee should be made aware of that prevents you from serving on the board in a full capacity?
A. No, sir. I've had a physical within the last year and so far, so good.
THE CHAIRMAN: Do you now hold any position of honor or trust that if elected to the board would cause you to violate the Dual Office Holding Clause of the Constitution?
A. No, sir.
THE CHAIRMAN: Gentlemen, do you have any questions?
EXAMINATION BY SENATOR MACAULAY:
Q. Same question, I guess, Mr. Chairman. Mr. Mood, you are familiar with what the Citadel is going through now?
A. Yes, sir.
Q. Do you still seek election to that Board of Visitors?
A. Yes, sir, I do. Senator, I -- as I indicated in the comments that I prefiled with the committee, I think it's a critical time in higher education, not that any time is unimportant, but for the Citadel as an institution of higher learning and for the system of higher education in general. And I -- it's -- if one is ever going to avail themselves an opportunity to serve in higher education, I think this is a challenging time to do it. I look forward to that opportunity, in fact.
Q. There is an old Chinese curse, may you get what you wish for.
A. Yes, you have to be careful because of that.
Q. Right. Right.
THE CHAIRMAN: Thank you, Senator. Any other --
SENATOR WILSON: Mr. Chairman, I'd like to point out that the persons who are here today who are seeking to serve the Citadel are all well thought of and, again, I'm delighted to see such a fine assemblage here today. And I, in fact, got to know Mr. Mood, and he probably has forgotten this, but 20 years he was out promoting long before I was elected to public office the Citadel with me, so I do know of his dedication to the Citadel.
THE CHAIRMAN: Thank you, Senator. Thank you, Mr. Mood.
A. Thank you very much.
THE CHAIRMAN: Our next candidate is William F. Sachs. Mr. Sachs, raise your hand please.
WILLIAM F. SACHS, having been duly sworn, testified as follows:
THE CHAIRMAN: Considering your present occupation or other activities, will you be able to attend board meetings on a regular basis?
A. I will.
THE CHAIRMAN: 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 a full capacity?
A. No, I don't.
THE CHAIRMAN: Do you now hold any public office of honor or trust that if elected to the board would violate the Dual Office Holding Clause of the Constitution?
A. No, sir.
THE CHAIRMAN: Gentlemen? Senator Giese.
SENATOR GIESE: Mr. Chairman.
EXAMINATION BY SENATOR GIESE:
Q. I've always been -- I've always appreciated the great loyalty that Citadel graduates have for the Citadel and their real camaraderie and the way they stick together, especially in this problem that is facing them right now.
But, Mr. Sachs, what role have you played in, let's say, leadership roles that you think suit you for the position you're seeking with the Citadel?
A. This past year, or year 1993, I served as president of the Association of Citadel Men being elected by the 16,000 members of that association. I served on the Board of Visitors for the past year in an ex officio capacity by invitation from the board.
I'm presently president elect of Brigadier Club, so I've been very active in most of the activities at the Citadel and served on the Chapel Committee and honorary member of the Citadel Development Foundation.
I owe the Citadel a lot. I went there as a dyslexic student in 1947. I would not have graduated from college if it hadn't been for the Citadel and the help that I was given there. Over the years, I've tried to -- to share my financial success and time with the Citadel and help it. And I'm very concerned about its problem now and do support single gender education.
Q. Could you tell me what the Brigadier Club is? That's an awful thing --
A. That's the athletic -- athletic -- similar to the Gamecock Club.
Q. Gamecock Club. And the BAM Club, the Buck a Month Club at Clemson?
A. That's correct.
Q. Is it not a Buck a Month anymore?
(Off the record)
A. We support the Citadel football team that comes up here to Carolina stadium.
Q. Thank you very much.
SENATOR GIESE: It's interesting, Members of the Committee, how it seems once you get into the leadership position that they -- everyone here has really been leaders.
THE CHAIRMAN: Correct. We're indeed lucky to have such outstanding candidates.
SENATOR MACAULAY: Mr. --
THE CHAIRMAN: Yes, sir.
EXAMINATION BY SENATOR MACAULAY:
Q. Mr. Sachs, I think you've heard my other questions and I think you've already responded to the question about why would anybody want to step into the situation that's existing there and I think you've given a very clear response. Thank you.
A. Thank you.
Q. Unless you have something else you'd like to add?
A. Nothing.
Q. Thank you.
THE CHAIRMAN: Any other questions?
SENATOR MACAULAY: No. That's all. Thank you.
THE CHAIRMAN: Thank you, sir. That concludes our candidates.
SENATOR MACAULAY: Mr. Chairman, I understand although I was late getting here that one candidate who is unopposed for the South Carolina State University, Third Congressional District Seat who is an incumbent, Charles Cleveland Lewis, Sr. was unable to be here due to a medical emergency.
As I understand as the son of a dentist, it was an abscess tooth and I can assure you that's a medical emergency. He had to have work done this morning that he couldn't be here. Inasmuch as he is unopposed and rather have him make another trip for the -- to make arrangements for another trip, I would move that he be accorded the same as other unopposed candidates, that is that he be considered along with the others without having to appear.
SENATOR WILSON: Second.
THE CHAIRMAN: Motion made and seconded. Motion by Senator Macaulay, seconded by Senator Wilson. All in favor say aye, opposed no. The ayes have it.
We have one other candidate who appeared -- we had told the lady last week that we would probably be at least after 10:00 o'clock and she arrived at a little before 10:00 and we had already adjourned and completed. That was Ms. Estelle Mauldin of Greenwood who is a sitting member on the Lander University Board and is unopposed and, of course, I asked the lady a few questions and I would like to make a similar motion about her.
SENATOR MACAULAY: I'll make that motion.
THE CHAIRMAN: Senator Macaulay makes a motion. Seconded by Senator Wilson. All in favor say aye, opposed no. The ayes have it.
Nothing further, gentlemen, why --
SENATOR WILSON: Mr. Chairman, inquiry. When would the General Assembly be voting on these positions?
THE CHAIRMAN: We have a tentative schedule. I'll have to do some checking, so either the 13th or the 20th and we would shortly introduce a resolution to that effect.
If that's -- since we have no further candidates and all candidates have appeared or been taken care of --
SENATOR MACAULAY: Mr. Chairman, I would move at this time that the candidates who filed and completed their filings, and I understand all of their filings are in order at this time --
THE CHAIRMAN: Right.
SENATOR MACAULAY: -- that they be found qualified to offer for the positions that they seek.
SENATOR WILSON: Second.
THE CHAIRMAN: Motion made by Senator Macaulay, seconded by Senator Wilson that we find all the candidates who have applied and qualified, as being qualified to serve. All in favor say aye, opposed, no. The ayes have it.
The Chair entertains a motion to adjourn.
SENATOR WILSON: So moved.
THE CHAIRMAN: Senator Wilson. Motion to adjourn.
(There being nothing further, the proceedings concluded 9:40 a.m.)
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for boards of trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Clemson University--three seats (at-large)
Harold D. Kingsmore (Graniteville)
Patricia H. McAbee (McCormick)
Joseph D. Swann (Greenville)
College of Charleston--six by congressional districts and two at-large
Seat 1
Gordan B. Stine, D.D.S. (Charleston)
Seat 3
Harry M. Lightsey, III (Columbia)
Seat 5
Anne T. Sheppard (Laurens)
Seat 7
Robert S. Small, Jr. (Greenville)
Seat 9
F. Creighton McMaster (Winnsboro)
Seat 11
J. David Watson (Latta)
Seat 13
Blaine Ewing (Charleston)
Thomas W. Weeks (Barnwell)
Seat 15
John F. Clark, III (Columbia)
Jeffery E. Kinard (Pawleys Island)
Francis Marion University--six by congressional districts, one unexpired term, and two at-large
Seat 1
Howard G. Lundy, Jr. (Mount Pleasant)
Seat 3
James R. Courie (Columbia)
Seat 5
Carolyn Shortt (Laurens)
Seat 7
H. Randall Dozier (Greenville)
Seat 8 (unexpired term--1996)
Alex Kiriakides, III (Greenville)
Seat 9
W.C. Stanton (Cheraw)
Seat 11
Peter D. Hyman (Florence)
Seat 13
Dianne H. Brown (Marion)
Seat 15
Allard A. Allston (Darlington)
Lander University--six by congressional districts and two at-large
Seat 1
Darlene N. Hyman (Surfside Beach)
Seat 3
Maurice Holloway (West Columbia)
Thomas J. Kosmata (Lexington)
Seat 5
William G. Stevens (Greenwood)
Seat 7
Martha S. Whitener (Union)
Seat 9
Glenn J. Lawhon, Jr. (Hartsville)
Seat 11
Morgan B. Coker (Florence)
Seat 13
Estelle M. Mauldin (Greenwood)
Seat 15
Bobby M. Bowers (Lexington)
Medical University of South Carolina--three by congressional districts/medical and non-medical professions
Medical
Seat 1
Dan Brake, M.D. (Charleston)
Donald R. Johnson II, M.D. (Charleston)
Seat 2
Thomas C. Rowland, Jr., M.D. (Columbia)
Seat 3
Stanley C. Baker, Jr., M.D. (Greenwood)
Non-medical
Seat 4
Herbert C. Granger (Greenville)
Seat 5
Robert C. Lake, Jr. (Newberry)
Seat 6
Margaret M. Addison (Holly Hill)
South Carolina State University--one by congressional district and one at-large unexpired term
Seat 3
Charles C. Lewis (Anderson)
Seat 12 (unexpired term--1996)
Bishop Johnnie M. Smith (Greenville)
The Citadel--two seats (at-large)
James E. Jones, Jr. (Greenville)
Francis P. Mood (Columbia)
William F. Sachs (Columbia)
University of South Carolina--eight by judicial circuits
Seat 1
Othniel H. Wienges, Jr. (St. Matthews)
Seat 3
A.S. Bahnmuller (Sumter)
Seat 5
William C. Hubbard (Columbia)
Seat 7
Toney J. Lister (Spartanburg)
Seat 9
Donald A. Bailey (Charleston)
Seat 11
Michael J. Mungo (Columbia)
Seat 12
C. Edward Floyd, M.D. (Florence)
Seat 13
Mack I. Whittle (Greenville)
Wil Lou Gray Opportunity School--two (at-large) one for four-year term; one unexpired three-year term
Four-year term
Mary Evelyn Williams (West Columbia)
Three-year term
Faye C. Edwards (Gaffney)
Winthrop University--two seats (at-large)
Mary Anne Douglas Lake (Belton)
Harold P. Tuttle, Jr. (Rock Hill)
Respectfully submitted,
Rep. Eugene C. Stoddard, Chm. Senator Alex S. Macaulay, V. Chm.
Senator Warren K. Giese Rep. Jennings G. McAbee
Senator Maggie W. Glover Rep. Curtis B. Inabinett
Senator Addison "Joe" G. Wilson Rep. H. Howell Clyborne, Jr.
On motion of Rep. STODDARD, the report was ordered printed in the Journal.
The following was received.
Columbia, S.C., March 31, 1994
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. 541:
S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS), SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION ON THE INVOLUNTARY TRANSFER OF A SMALL EMPLOYER INTO OR OUT OF A CLASS OF BUSINESS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT SMALL EMPLOYER INSURERS SHALL NOT USE CASE CHARACTERISTICS, OTHER THAN AGE, GENDER, INDUSTRY, GEOGRAPHIC AREA, FAMILY COMPOSITION, AND GROUP SIZE WITHOUT PRIOR APPROVAL OF THE CHIEF INSURANCE COMMISSIONER, AND PROVIDE THAT IF A SMALL EMPLOYER INSURER USES INDUSTRY AS A CASE CHARACTERISTIC IN ESTABLISHING PREMIUM RATES, THE HIGHEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION SHALL NOT EXCEED THE LOWEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION BY MORE THAN FIFTEEN PERCENT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 30, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 339, H. 4328 by a vote of 45 to 0.
(R339) H. 4328 -- Reps. D. Wilder and Rudnick: AN ACT TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 30, 1994
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. 968:
S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 30, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hayes, Cork and Greg Smith of the Committee of Conference on the part of the Senate on S. 195:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Very respectfully,
President
Received as information.
The following were received and referred to the appropriate committees for consideration.
Document No. 1747
Promulgated By Licensing Board for Contractors, Department of Labor, Licensing and Regulation
Definition of Roofing Classification
Received By Speaker March 31, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 7, 1995
Document No. 1753
Promulgated By Board of Education
Basic Skills Assessment Program - Writing Test: Minimum Standards of Student Achievement; Scoring Criteria
Received By Speaker March 30, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 6, 1995
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4796 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 17, 1994, FOR ITS ANNUAL STATE HOUSE MEETING.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
S. 1188 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON 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 COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON 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.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate returned to the House with amendments the following:
H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: A BILL TO CREATE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS AND TO ABOLISH THE BEAUFORT COUNTY ELECTION COMMISSION AND BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE NURSING HOME TO PERFORM CERTAIN SERVICES AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford, McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: A BILL TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A VIOLATION, TO PROHIBIT PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO PROHIBIT SUSPENSION OF THE SENTENCE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Anderson Delegation, submitted a favorable report, on:
S. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.
On motion of Rep. TUCKER, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.
The Bill was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5010 -- Reps. Gonzales, Meacham, Harrelson, Hines, Kelley, Hallman, A. Young, J. Bailey, Inabinett, Thomas, Stone, Kirsh, Huff, Haskins, Stille, Robinson, Simrill, Beatty, Wofford, Hutson, Moody-Lawrence, J. Harris, Davenport and Mattos: A BILL TO AMEND SECTION 61-3-461, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON RETAIL LIQUOR STORE LICENSES ISSUED TO A SINGLE PERSON, SO AS TO PROVIDE THAT THE EXTENSION OF THE LIMIT ON INTEREST TO RELATIVES WITHIN THE SECOND DEGREE APPLIES TO RELATIVES RESIDING IN THE PERSON'S HOUSEHOLD AND TO PROVIDE THAT THE LIMIT ON INTERESTS IN RETAIL LIQUOR STORES BEYOND THE MAXIMUM OF THREE APPLIES TO FINANCIAL INTERESTS.
Referred to Committee on Labor, Commerce and Industry.
H. 5011 -- Rep. Hodges: A BILL TO ENACT THE JUVENILE CRIME PREVENTION ACT OF 1994, AND TO, AMONG OTHER THINGS, AMEND VARIOUS SECTIONS OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ACCOMPLISH THE PURPOSES OF THE ACT.
Referred to Committee on Judiciary.
H. 5012 -- Rep. Hodges: A BILL TO ENACT THE ADULT CRIME PREVENTION ACT OF 1994, AND TO, AMONG OTHER THINGS, AMEND VARIOUS SECTIONS OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ACCOMPLISH THE PURPOSES OF THE ACT.
Referred to Committee on Judiciary.
H. 5013 -- Reps. Clyborne, Allison, Baker, H. Brown, Cato, Chamblee, Cooper, Corning, Cromer, Fair, Fulmer, Gamble, Graham, Hallman, Harrell, Harrison, Haskins, Huff, Hutson, Jaskwhich, Keegan, Kelley, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Meacham, Richardson, Riser, Robinson, Sharpe, Simrill, R. Smith, D. Smith, Stille, Stone, Stuart, Thomas, Townsend, Vaughn, Waldrop, Walker, Wells, Wilkins, Witherspoon, Wofford, Wright and A. Young: A BILL TO ENACT THE SOUTH CAROLINA CRIMINAL JUSTICE REFORM ACT OF 1994; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-40 SO AS TO PROVIDE THAT A PERSON WHO COMMITS A CRIME WHILE ON BOND FOR ANOTHER OFFENSE AND IS SUBSEQUENTLY CONVICTED OF THE CRIME HE COMMITTED WHILE ON BOND SERVES CONSECUTIVE SENTENCES INSTEAD OF CONCURRENT SENTENCES; BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE TIME A PRISONER MUST SERVE BEFORE HE IS ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE TIME A PRISONER MUST SERVE BEFORE HE IS ELIGIBLE FOR EXTENDED WORK RELEASE AND COMMUNITY SUPERVISION; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE FOR THE TIME COMPUTATION OF SENTENCES IMPOSED; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO THE PENALTIES FOR CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERMS OF IMPRISONMENT DO NOT APPLY UNLESS THE OFFENSE CONTAINS A MANDATORY MINIMUM TERM OF IMPRISONMENT; TO AMEND SECTION 16-1-57, AS AMENDED, RELATING TO THE CLASSIFICATION OF THIRD OR SUBSEQUENT CONVICTION OF CERTAIN PROPERTY CRIMES, SO AS TO CHANGE THE CLASSIFICATION FOR SENTENCING PURPOSES TO APPLY FOR SECOND OR SUBSEQUENT CONVICTIONS; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES DEFINED, SO AS TO CLARIFY THE DEGREES FOR CERTAIN OFFENSES, TO ADD ADDITIONAL CRIMES, AND TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO CLARIFY "LIFE IMPRISONMENT" AND TO PROVIDE FOR IMPRISONMENT FOR THIRTY YEARS AS AN ADDITIONAL OPTION FOR SENTENCING; TO AMEND SECTION 16-3-625, AS AMENDED, RELATING TO THE DEFINITION OF "DEADLY WEAPON" AND SENTENCING OF RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM TERM OF IMPRISONMENT AND TO CLARIFY OTHER LANGUAGE; TO AMEND SECTION 16-3-740, RELATING TO TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO REQUIRE TESTING IN CASES INVOLVING JUVENILES AND UPON THE REQUEST OF CERTAIN PERSONS, AND TO PROVIDE FOR COUNSELING IF APPROPRIATE; TO AMEND SECTION 16-3-1070, AS AMENDED, RELATING TO THE CRIME OF STALKING, SO AS TO DELETE PROVISIONS RELATING TO TEMPORARY RESTRAINING ORDERS, TO CLARIFY CERTAIN DEFINITIONS, AND INCREASE THE PENALTIES; TO AMEND SECTION 16-3-1260, AS AMENDED, RELATING TO THE REIMBURSEMENT TO THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE PROVISIONS RELATING TO PAYMENT AS A CONDITION FOR PAROLE AND TO CHANGE THE NAME OF THE FUND TO CONFORM WITH RESTRUCTURING OF STATE GOVERNMENT; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION AND TO DELETE THE REQUIREMENT OF RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO CHANGE THE NAME OF THE "PAROLE AND COMMUNITY CORRECTIONS BOARD" TO "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION; TO AMEND SECTION 16-11-311, RELATING TO FIRST DEGREE BURGLARY, SO AS TO DELETE PROVISIONS ALLOWING PAROLE UPON SERVICE IF ONE THIRD OF THE TERM OF IMPRISONMENT IMPOSED; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO AS TO EXPAND THE CRIMINAL CONDUCT AND TO REVISE THE PUNISHMENT; TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO REQUIRED PLACARDS IN RETAIL ESTABLISHMENTS AS TO THE CONSEQUENCES OF CONVICTION OF ARMED ROBBERY, SO AS TO REVISE THE PLACARDS TO CONFORM TO THE PENALTY FOR ARMED ROBBERY; TO AMEND SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO PROVIDE FOR AN INCREASE IN THE MISDEMEANOR PENALTY FOR SECOND AND THIRD OFFENSES; TO AMEND SECTION 16-13-210, AS AMENDED, RELATING TO THE EMBEZZLEMENT OF PUBLIC FUNDS, SO AS TO DELETE THE MISDEMEANOR PENALTY; TO AMEND SECTION 16-13-425, AS AMENDED, RELATING TO THE FAILURE TO RETURN A RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE FOR THE IMPOSITION OF BOTH A FINE AND IMPRISONMENT FOR CERTAIN VIOLATIONS; TO AMEND SECTION 16-14-20, RELATING TO THE THEFT OF A FINANCIAL TRANSACTION CARD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-14-40, AS AMENDED, RELATING TO FINANCIAL TRANSACTION CARD FORGERY, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-14-60, AS AMENDED, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-14-70, AS AMENDED, RELATING TO THE POSSESSION OF FINANCIAL TRANSACTION CARD FORGERY DEVICES, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-255, RELATING TO THE REQUIRED TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO REQUIRE TESTING IN CASES INVOLVING JUVENILES AND UPON THE REQUEST OF CERTAIN PERSONS, AND TO PROVIDE FOR COUNSELING IF APPROPRIATE; TO AMEND SECTION 16-15-305, RELATING TO OBSCENITY, SO AS TO INCREASE THE TERM OF IMPRISONMENT; TO AMEND SECTION 16-23-490, RELATING TO THE ADDITIONAL PUNISHMENT FOR POSSESSION OF FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE TERM OF IMPRISONMENT; TO AMEND SECTION 17-25-45, RELATING TO A LIFE SENTENCE FOR A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE UPON A THIRD OR SUBSEQUENT CONVICTION FOR A CERTAIN SERIOUS OFFENSE AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 17-25-70, RELATING TO THE AUTHORITY OF LOCAL OFFICIALS TO REQUIRE ABLE-BODIED CONVICTED PERSONS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO ALLOW OFFICIALS TO PROVIDE CERTAIN EXCEPTIONS; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT, SO AS TO DELETE THE TIME PERIOD SO THAT THE TRANSFER OF CASES MAY CONTINUE; TO AMEND SECTION 24-1-200, AS AMENDED, RELATING TO THE INQUIRY INTO SENTENCES UNDER WHICH CONVICTS ARE CONFINED, SO AS TO CHANGE THE NAME OF THE "BOARD OF PROBATION, PAROLE AND PARDON SERVICES" TO THE "BOARD OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION"; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO THE CUSTODY AND CONFINEMENT OF A PRISONER, SO AS TO DELETE PROVISIONS FOR EXTENDING THE PLACES OF CONFINEMENT; TO AMEND SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO PROHIBIT THE USE OF PRISONERS BEFORE SERVICE OF THE MINIMUM SENTENCE; TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR QUALIFIED INMATES, SO AS TO LIMIT THE LENGTH OF TIME OF THE FURLOUGHS; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO DELETE PROVISIONS ON ARTICLES PRODUCED BY PERSONS ON PAROLE; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40 AND 24-7-50 RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO CHANGE THE TERM TO "WORK GANGS" AND TO REQUIRE UTILIZATION OF THESE GANGS; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO THE REDUCTION OF SENTENCE FOR PARTICIPATION IN CERTAIN PROGRAMS, SO AS TO PROHIBIT PARTICIPATION UNTIL THE PRISONER HAS SERVED THE MINIMUM TERM OF IMPRISONMENT AND TO PROVIDE FOR COMPLETION OF THE TERM PURSUANT TO THE COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST RELEASE OF OFFENDER INTO COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO INCLUDE SEX OFFENSES IN THE PROHIBITION FOR RELEASE IN CERTAIN COMMUNITIES; TO AMEND SECTION 24-13-710, AS AMENDED, RELATING TO THE FURLOUGH PROGRAM, SO AS TO REVISE THE PROGRAM TO PROVIDE FOR COMMUNITY SUPERVISION, ALLOW REVOCATION OF PROGRAM BENEFITS TO CERTAIN PERSONS, AND TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES AND COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE DEFINITIONS REFERRING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO DELETE FROM ELIGIBILITY A PERSON WHO IS ELIGIBLE FOR PAROLE IN TWO YEARS; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE REGULATIONS, SELECTION COMMITTEE, AND REPORTS OF THE SHOCK INCARCERATION PROGRAM, SO AS TO CHANGE "COMMISSIONER" TO "DIRECTOR" AND CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO INMATE PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE FOR CONSIDERATION OF AN INMATE UPON COURT ORDER; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS OF THE HOME DETENTION ACT, SO AS TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO EXCEPTIONS TO THE ARTICLE RELATING TO HOME DETENTION, SO AS TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE POWERS OF COURT AND THE JURISDICTION OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO DELETE PROVISIONS ON PAROLE AND CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION"; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT AND BOARD TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION" AND "BOARD OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DIRECTOR'S DUTIES, SO AS TO DELETE PROVISIONS RELATING TO PAROLE AND TO PROVIDE FOR THE DEVELOPMENT OF ADDITIONAL WORK RELEASE PROGRAMS; TO AMEND SECTION 24-21-30, RELATING TO MEETINGS AND PANELS OF THE BOARD OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION, SO AS TO DELETE PROVISIONS ON PAROLE AND ADD MATTERS RELATING TO COMMUNITY SUPERVISION; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS BEFORE THE BOARD OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION, SO AS TO DELETE THE PROVISIONS ON PAROLE; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO THE COOPERATION OF PUBLIC AGENCIES AND OFFICIALS, SO AS TO DELETE PROVISIONS ON PAROLE; TO AMEND SECTION 24-21-80, RELATING TO PROBATIONERS AND PAROLEES PAYING A FEE, SO AS TO DELETE PROVISIONS ON PAROLE AND TO CHANGE FURLOUGH TO COMMUNITY SUPERVISION; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION, SO AS TO CHANGE "PAROLE" TO "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT OF PROBATION AGENTS, SO AS TO CHANGE THE TITLE OF THE "PROBATION AGENTS" TO "PROBATION AND COMMUNITY SUPERVISION AGENTS"; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO INCLUDE COMMUNITY SUPERVISION AND TO CHANGE THE TITLE OF THE AGENTS ACCORDINGLY; TO AMEND SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF RELEASE, SO AS TO CHANGE "PAROLEE" TO "SUPERVISED PRISONER" AND THE TITLE OF "PROBATION AGENT" TO "PROBATION AND COMMUNITY SUPERVISION AGENT"; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO CHANGE THE NAME OF THE "PROBATION, PAROLE, AND PARDON SERVICES BOARD" TO THE "BOARD OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION; TO AMEND SECTION 24-21-950, RELATING TO THE GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON, SO AS TO DELETE PROVISIONS RELATING TO PAROLE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION PLAN TO PROVIDE FOR CASE CLASSIFICATION SYSTEM, SO AS TO DELETE "PAROLEE"; TO AMEND SECTION 24-23-30, RELATING TO COMMUNITY CORRECTIONS PLAN TO INCLUDE DESCRIPTION OF COMMUNITY-BASED PROGRAM NEEDS, SO AS TO CHANGE "PAROLEES" TO "SUPERVISED PRISONERS" AND TO PROVIDE FOR COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE COMMUNITY CORRECTIONS PLAN DEVELOPMENT OF STATEWIDE POLICIES, SO AS TO INCLUDE COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-115, AS AMENDED, RELATING TO PUBLIC SERVICE WORK AS CONDITION OF PROBATION OR SUSPENSION OF SENTENCE, SO AS TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION"; TO AMEND SECTION 24-23-210, AS AMENDED, RELATING TO THE FUNDING OF THE COMMUNITY CORRECTIONS PROGRAM, SO AS TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION" AND TO CHANGE THE NAME OF THE "VICTIM'S COMPENSATION FUND" TO THE "STATE OFFICE OF VICTIM ASSISTANCE"; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS, SO AS TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION"; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO CONTROLLED SUBSTANCE VIOLATIONS AND PENALTIES, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A MANDATORY MINIMUM OR MANDATORY TERM OF IMPRISONMENT IS NOT ELIGIBLE FOR EARLY RELEASE PROGRAM; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, AND PENALTIES, SO AS TO DEFINE PRIOR CONVICTIONS, TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT FOR CERTAIN OFFENSES, AND TO PROVIDE THAT CERTAIN PERSONS ARE NOT ELIGIBLE FOR EARLY RELEASE PROGRAMS; TO REPEAL ARTICLE 7, CHAPTER 21 OF TITLE 24 RELATING TO PAROLE; TO REPEAL SECTION 24-3-40 RELATING TO DISPOSITION OF WAGES OF PRISONERS ALLOWED TO WORK AT PAID EMPLOYMENT; TO REPEAL SECTION 24-3-50 RELATING TO THE PENALTY FOR FAILURE OF PRISONER TO REMAIN WITHIN EXTENDED LIMITS OF HIS CONFINEMENT; TO REPEAL SECTION 24-13-60 RELATING TO SCREENING OF OFFENDERS FOR POSSIBLE PLACEMENT ON WORK RELEASE; TO REPEAL SECTION 24-13-210 RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR; TO REPEAL SECTION 24-13-220 RELATING TO TIME OFF FOR GOOD BEHAVIOR IN CASES OF COMMUTED OR SUSPENDED SENTENCES; TO REPEAL SECTION 24-13-270 RELATING TO THE PREMATURE RELEASE OF PRISONERS; BY ADDING SECTION 20-7-3215 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM FOR JUVENILE OFFENDERS; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE ADDITIONAL PENALTIES FOR JUVENILES; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE FOR JURISDICTION OF JUVENILES WITH MENTAL DISABILITIES; TO AMEND SECTION 20-7-410, AS AMENDED, RELATING TO THE CONCURRENT JURISDICTION OF THE COURTS OVER CERTAIN VIOLATIONS INVOLVING JUVENILES, SO AS TO PROVIDE THAT THE CIRCUIT COURTS HAVE CONCURRENT JURISDICTION WITH THE FAMILY COURTS OVER CERTAIN JUVENILES CHARGED WITH COMMITTING CERTAIN FELONIES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO THE TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE FOR JURISDICTION OF THE CIRCUIT COURTS OVER CERTAIN CASES; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO THE TAKING OF A CHILD INTO CUSTODY, SO AS TO PROVIDE FOR DETENTION OF A JUVENILE IN A SECURE DETENTION FACILITY WHEN HE IS CHARGED WITH CERTAIN OFFENSES AND TO PROVIDE WHEN JUVENILE RECORDS ARE OPEN TO THE PUBLIC; TO AMEND SECTION 20-7-630, AS AMENDED, RELATING TO JUVENILE INTAKE, SO AS TO PROVIDE FOR THE EVALUATION OF JUVENILES FOR TRANSFER AND ASSIGNMENT WITHIN THE DEPARTMENT OF JUVENILE JUSTICE BASED UPON AN OBJECTIVE STANDARD AND TO PROVIDE THAT FINAL DETERMINATION AS TO DISPOSITION OF THE JUVENILE MUST BE MADE BY FAMILY COURT; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO THE RELEASE OF JUVENILE'S ADJUDICATION FOR VIOLENT OFFENSES, SO AS TO PROVIDE FOR THE RELEASE OF A PERSON'S JUVENILE RECORD FOR ANY CRIME COMMITTED AND TO PROVIDE FOR EXPUNGEMENT OF RECORDS AFTER A TEN-YEAR PERIOD WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO THE DISPOSITION OF FAMILY COURT CASES AND PROCEDURES UPON COMMITTING A CHILD TO AN INSTITUTION, SO AS TO REVISE THE PROCEDURES USED BY THE DEPARTMENT OF JUVENILE JUSTICE TO DETERMINE THE APPROPRIATE LEVEL OF CUSTODY AND SUPERVISION, TO PROVIDE COURT REVIEW, AND TO DETERMINE THE BASIS FOR RESTITUTION AND OTHER SERVICES AVAILABLE FOR CARE AND TREATMENT OF JUVENILES COMMITTED TO THE DEPARTMENT; TO AMEND SECTION 20-7-2205, AS AMENDED, RELATING TO CERTAIN JUVENILE OFFENDERS NOT TO BE COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER, SO AS TO ADD CONTEMPT OF COURT CITATIONS AS AN EXEMPTION; TO AMEND SECTION 20-7-3200, AS AMENDED, RELATING TO THE DIRECTOR AS CHIEF EXECUTIVE OFFICER OF DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE POWER TO APPOINT OR EMPLOY PERSONS TO PERFORM THE DUTIES OF THE DEPARTMENT; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR POST-CONVICTION RELIEF CASES; TO AMEND SECTION 14-7-1110, AS AMENDED, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES, SO AS TO INCREASE THE NUMBER OF PEREMPTORY CHALLENGES FOR THE STATE; TO AMEND SECTION 16-3-26, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE FOR APPEAL FROM AN ORDER VALIDATING FEES, COSTS AND OTHER EXPENDITURES; TO AMEND SECTIONS 17-27-30 AND 17-27-40, RELATING TO POST-CONVICTION RELIEF PROCEEDINGS, SO AS TO PROVIDE FOR ORIGINAL JURISDICTION IN AND FILING OF APPLICATION WITH THE SUPREME COURT; AND TO REPEAL SECTION 17-27-100 RELATING TO APPEALS OF POST-CONVICTION RELIEF PROCEEDINGS.
Referred to Committee on Judiciary.
H. 5014 -- Reps. Kelley, Keegan and Witherspoon: A BILL TO AMEND SECTION 12-27-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE GASOLINE TAX ON GASOLINE SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM; AND TO AMEND SECTION 12-29-325, RELATING TO THE EXEMPTION FROM THE MOTOR FUEL TAX ON MOTOR FUEL SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM.
Referred to Committee on Ways and Means.
H. 5015 -- Rep. Harrison: A BILL TO AMEND SECTION 58-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PURCHASER OF A RAILROAD SHALL REORGANIZE AND COMMENCE OPERATION WITHIN SIXTY DAYS, SO AS TO PROVIDE THAT A PURCHASE FOR PURPOSES OF THIS SECTION INCLUDES A FORECLOSURE AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACQUISITIONS OF RAILROADS BY MERGER OR CONSOLIDATION, AND TO AMEND SECTIONS 58-17-610 AND 58-17-620, RELATING TO MERGER OR CONSOLIDATION OF RAILROAD COMPANIES, SO AS TO PROVIDE THAT THE MERGER OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL BE GOVERNED BY THE PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, AND THE CONSOLIDATION OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE GENERAL RAILROAD LAW.
Referred to Committee on Labor, Commerce and Industry.
H. 5016 -- Rep. Robinson: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.
Referred to Committee on Ways and Means.
H. 5017 -- Rep. J. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-165 SO AS TO REQUIRE PARTIES IN A DIVORCE ACTION TO ATTEND AND COMPLETE A SEMINAR ADDRESSING THE EFFECT OF DIVORCE ON CHILDREN BEFORE A DIVORCE MAY BE GRANTED.
Referred to Committee on Judiciary.
H. 5018 -- Rep. J. Wilder: A BILL TO AMEND SECTION 59-32-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE HEALTH EDUCATION ACT DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "FAMILY LIFE EDUCATION" TO INCLUDE PARENTING SKILLS, AND TO AMEND SECTION 59-32-30, RELATING TO IMPLEMENTATION, GUIDELINES, AND RESTRICTIONS ON THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO REQUIRE FAMILY LIFE EDUCATION FOR CERTAIN GRADE LEVELS.
On motion of Rep. J. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5019 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5020 -- Reps. Houck, Harwell, McKay and Hines: A BILL TO AMEND ACT 92 OF 1924, AS AMENDED, RELATING TO THE PARK COMMISSION FOR THE CITY OF FLORENCE, SO AS TO DECREASE THE MEMBERSHIP FROM SIXTEEN TO SEVEN AND TO PROVIDE FOR THEIR ELECTION AND STAGGERED TERMS.
On motion of Rep. McKAY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5022 -- Rep. Cromer: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING SPACES, SO AS TO PROVIDE THAT A VEHICLE PROPERLY DISPLAYING A DISTINGUISHING LICENSE PLATE OR PLACARD FOR THE HANDICAPPED MAY BE PARKED IN ANY PARKING SPACE IDENTIFIED AS A HANDICAPPED PARKING SPACE.
Referred to Committee on Education and Public Works.
H. 5023 -- Reps. Sturkie, Koon, H. Brown, Law, Hallman, Littlejohn, Shissias, Corning, G. Bailey, Scott, Sharpe, Wright, Hutson, R. Smith, Stille, J. Brown, McLeod, Witherspoon, Quinn, Stuart, Riser, P. Harris, Lanford, Trotter, Cobb-Hunter, Wells, Davenport and Jaskwhich: A BILL TO AMEND CHAPTER 36 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 SO AS TO ENACT THE PROPERTY TAX RELIEF SALES TAX ACT WHICH IMPOSES AN ADDITIONAL THREE AND ONE-HALF PERCENT SALES TAX, THE REVENUE FROM WHICH SHALL BE USED TO REDUCE AND ELIMINATE AD VALOREM PROPERTY TAXES ON A PHASED-IN BASIS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REVISE AND DELETE CERTAIN EXEMPTIONS AND ADD AN EXEMPTION PERTAINING TO THE SALE OF UNPREPARED FOOD; TO AMEND SECTION 12-36-2110, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO PROVIDE THAT SUCH MAXIMUM TAX INSTEAD OF THREE HUNDRED DOLLARS FOR THE SALE OF SPECIFIED ITEMS SHALL BE FOUR AND ONE-HALF PERCENT OF THE SALES PRICE, AND TO REPEAL CHAPTER 10 OF TITLE 4 RELATING TO THE LOCAL OPTION SALES TAX, CHAPTER 27 OF TITLE 6 RELATING TO THE STATE AID TO SUBDIVISIONS ACT, SECTIONS 4-29-67 THROUGH 4-29-80 RELATING TO FEES IN LIEU OF TAXES AND SPECIAL SOURCE REVENUE BONDS, AND SECTIONS 12-37-250 THROUGH 12-37-295 RELATING TO HOMESTEAD EXEMPTIONS AND THE REIMBURSEMENT TO COUNTIES AND OTHER POLITICAL SUBDIVISIONS FOR REVENUE LOST AS A RESULT OF THESE EXEMPTIONS.
Rep. SCOTT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Ways and Means.
S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.
On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 742 -- Senator Land: A BILL TO AMEND SECTION 12-4-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA TAX COMMISSION WITH RESPECT TO THE APPRAISAL, ASSESSMENT, AND EQUALIZATION OF CERTAIN BUSINESS PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE COMMISSION SHALL PERFORM SUCH FUNCTIONS FOR ONLY THOSE DISTRIBUTION FACILITIES WITH MORE THAN ONE HUNDRED THOUSAND SQUARE FEET OF BUILDING SPACE OR WHICH QUALIFY FOR THE DISTRIBUTION FACILITY EXEMPTION; TO PROVIDE THAT THE COMMISSION SHALL PERFORM THESE FUNCTIONS FOR ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND TRANSPORTATION COMPANIES FOR HIRE, TO PROVIDE THAT THE VALUE OF PROPERTY ASSESSED BY THE UNIT VALUATION METHOD MUST BE DISTRIBUTED ON THE BASIS OF GROSS INVESTMENT EXCEPT WHERE OTHERWISE STATED, AND TO PROVIDE FOR THE APPRAISAL AND ASSESSMENT OF LEASED PROPERTY.
Referred to Committee on Ways and Means.
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
Referred to Committee on Labor, Commerce and Industry.
S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.
Referred to Committee on Invitations and Memorial Resolutions.
S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
Rep. McTEER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. H. BROWN objected.
Referred to the Committee on Ways and Means.
S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.
Referred to Committee on Ways and Means.
S. 1156 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2331 TO ARTICLE 25, CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; AND BY ADDING SECTION 12-37-2722 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES ON WHICH A MANUFACTURER LICENSE PLATE IS USED.
Referred to Committee on Education and Public Works.
S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
Rep. MATTOS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. FAIR objected.
Referred to the Committee on Education and Public Works.
S. 1212 -- Senators Setzler and Giese: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE DEFINITION OF A "PROBATIONARY EMPLOYEE", AS IT RELATES TO FACULTY AT STATE TECHNICAL COLLEGES, AND TO CLARIFY THIS DEFINITION'S EFFECTIVE DATE.
Referred to Committee on Ways and Means.
S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.
Referred to Committee on Ways and Means.
S. 1276 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT RELATING TO THE REPEAL OF REGULATIONS 123-60 (HUNTING ON BELMONT PLANTATION), 123-80 (WATERFOWL HUNTING ON THE HATCHERY GAME MANAGEMENT AREA), AND 123-81 (BROAD RIVER AND ENOREE RIVER WATERFOWL MANAGEMENT AREAS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1662, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1292 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION OF CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES (OSTRICH, EMU, RHEA AND OTHER FLIGHTLESS BIRDS IN THE FAMILY RATITAE), DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. SNOW, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1297 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1650, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 1307 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGES IN NOMENCLATURE FOR "COMMISSIONER OF LABOR" AND OTHER TERMS UNDER THE GOVERNMENTAL RESTRUCTURING ACT OF 1993, SO AS TO PROVIDE THAT ANY CONTESTED MATTER HEARD BY THE FORMER COMMISSIONER OF LABOR MAY BE APPEALED TO AN ADMINISTRATIVE LAW JUDGE RATHER THAN TO THE OSHA REVIEW BOARD.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1308 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARINGS BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1309 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cooper Corning Cromer Delleney Elliott Farr Felder Fulmer Gamble Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, April 5.
Candy Y. Waites Doug Smith Gilda Cobb-Hunter Joseph H. Neal Michael L. Fair William S. Houck, Jr. Harold G. Worley Donald W. "Don" Beatty Roger M. Young
LEAVES OF ABSENCE
The SPEAKER granted Rep. MARCHBANKS a leave of absence for the week.
The SPEAKER granted Rep. McELVEEN a leave of absence for the week.
Announcement was made that Dr. Jim Pruitt of Seneca is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
H. 5006 -- Reps. Hutson, A. Young and G. Bailey: A BILL TO PROVIDE THAT THE COMMISSIONERS OF ELECTION FOR DORCHESTER COUNTY MUST BE APPOINTED BY THE DORCHESTER COUNTY COUNCIL, AND PROVIDE FOR THE MANNER IN WHICH THEY MUST BE APPOINTED.
H. 5008 -- Reps. Gonzales, Whipper, Fulmer, Harrell, Hallman and J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT WHEN A VACANCY OCCURS ON THE CONSTITUENT SCHOOL DISTRICT BOARD OR ON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD, THE COUNTY COUNCIL SHALL APPOINT A TRUSTEE TO SERVE UNTIL THE NEXT GENERAL ELECTION OR UNTIL THE GENERAL ELECTION FOLLOWING THE NEXT GENERAL ELECTION IF THE VACANCY OCCURS FEWER THAN FOUR MONTHS BEFORE THE GENERAL ELECTION.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
H. 4711 -- Rep. Harvin: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.
H. 4860 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5007 -- Reps. Walker, Davenport and Allison: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1993-94 SCHOOL YEAR, SCHOOL DISTRICT ONE IN SPARTANBURG COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted.
H. 4616 -- Reps. Hodges and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.
Rep. HOLT explained the Bill.
S. 1222 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-85 SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE VOLUNTEER LICENSES FOR PROVIDING CARE TO THE NEEDY AND INDIGENT IN SOUTH CAROLINA.
Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 4616 -- Reps. Hodges and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Rep. WILKINS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. WRIGHT moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted.
H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted.
H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.
The following Bill was taken up.
H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10977JM.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 58-9-585. (A) Notwithstanding any other provision of this chapter, the commission may, on the request of an interexchange telecommunications carrier or on its own motion, consider, in lieu of the procedures outlined in this chapter, alternative means of regulating that carrier. If the commission first determines, after notice and hearing, that the substantial evidence of record shows that a particular service is competitive in the relevant geographic market, the commission may implement regulatory alternatives, including, but not limited to, the provisions outlined in this section.
(B) If the commission determines that an interexchange telecommunications carrier service is competitive, the commission shall not fix or prescribe the rates, tolls, charges, or rate structures for that service. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives. The commission shall require that the interexchange telecommunications carriers file and maintain price lists for competitive telecommunications services.
(C) The commission is authorized to reclassify a telecommunications service provided by an interexchange carrier as noncompetitive if, after notice and hearing, the substantial evidence of record shows that sufficient competition does not exist for that service.
(D) For an interexchange telecommunications carrier service found to be noncompetitive, the commission may implement other regulatory alternatives, including, but not limited to, price caps.
(E) Nothing in this section limits the authority of the commission with respect to the reporting requirements of interexchange telecommunications carriers to establish standards for the quality of service, resolution of complaints, privacy, and the ordering, installation, restoration, and disconnection of interexchange service.
(F) For the purposes of this section, the term 'interexchange telecommunications carrier service' is limited to toll services provided by telephone utilities."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRELL moved to adjourn debate upon the following Joint Resolution until Wednesday, April 6, which was adopted.
H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HARRELL moved to adjourn debate upon the following Joint Resolution until Wednesday, April 6, which was adopted.
H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HODGES moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4931 -- Reps. Corning, Shissias, Harrison and Quinn: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING APRIL 17, 1994, AS BABYNET RECOGNITION WEEK AND APRIL 20, 1994, AS BABYNET AWARENESS DAY.
H. 4987 -- Reps. Rogers, Waites, Neal, Scott, J. Brown, Cromer, Shissias, Byrd, Harrison, Corning and Quinn: A CONCURRENT RESOLUTION CONGRATULATING DR. R. BRUCE DUNLAP, A CANCER RESEARCHER AT THE UNIVERSITY OF SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE GOVERNOR'S 1994 "EXCELLENCE IN SCIENCE AWARENESS AWARD", ONE OF THE STATE'S HIGHEST HONORS FOR SCIENTISTS.
H. 4990 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF H. GRADY KIRVEN OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5004 -- Reps. Rogers, J. Brown, Scott, Byrd, Neal, Waites, Cromer, Shissias, Harrison, Corning and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE SHAMROCKS MEN'S BASKETBALL TEAM, STAFF, AND COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1994 CLASS AAA STATE CHAMPIONSHIP, AND GRANT COACH GEORGE GLYMPH AND THE SHAMROCK'S TEAM CAPTAIN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 21, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER.
H. 5005 -- Reps. Stuart, Fair, Stone, Neilson, Gamble, Wells, D. Wilder, Allison, Littlejohn, Riser, Stoddard, Wilkins, Chamblee, Cromer, Elliott, Meacham, Moody-Lawrence and Lanford: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA FARM BUREAU FEDERATION ON ITS FIFTIETH ANNIVERSARY, AND COMMENDING THIS OUTSTANDING ORGANIZATION ON A HALF CENTURY OF SERVICE AND LEADERSHIP TO SOUTH CAROLINA AGRICULTURE.
At 12:55 P.M. the House in accordance with the motion of Rep. HODGES adjourned to meet at 10:00 A.M. tomorrow.
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