Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, we seem at times to lose our sense of purpose and we drift along like the clouds. Pressured by our work, by our failures and frustrations that we try so desperately to hide, we become confused along the highway of life. So in our difficult moments, be for us a strong Center of certainty. Keep steadfast within us a sense of purpose that is centered in Your way, and help us to know that whatever we do for our God and for those around us is forever worthwhile. Make us instruments in Your hands for the accomplishment of Your mighty plans and purposes.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Tuesday, the SPEAKER ordered it confirmed.
TO: The Clerk of the Senate
The Clerk of the House
FROM: C. Tyrone Courtney, Chairman
Jt. Legislative Screening Committee to Review Candidates
for the SC Consumer Affairs Commission
DATE: May 10, 1994
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. Lucille Whipper
/s/Rep. E.B. McLeod
/s/Rep. George Bailey
/s/Rep. Harry Cato
The Screening Process
Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to the positions of the South Carolina Consumer Affairs Commission.
The Committee's report includes the Transcript of the Proceedings before the Screening Committee on May 4, 1994. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.
THE CHAIRMAN: I'll call this meeting to order. We have other committee members who will be coming in slowly. We kind of got out a little late in the House and in the Senate.
But before we begin, I want to tell each of you that we appreciate you being here and your time and we're going to try to make this as smooth and as brief for you as possible.
We have not received the credit reports which are a part of the background investigation on everybody and we expect those to be here soon. We don't expect any problems with that, but we want you to know that we'll go through with the screening today and then hold it open, of course, for probably another few days until we do receive those. And if there is no problems with those, it wouldn't have any effect on the finding of qualifications anyway.
We feel it's only fair that you testify one at a time, so that you can't kind of hear the questions that are being asked. It's not fair to the ones at the beginning. So what we're going to do is call them in alphabetical order according to seat number and then let the rest of you sit across the hall in Senator Drummond's office over there.
There's facilities over there and a phone and show you the restroom and so forth, and we'll try to get you in and out just as quickly as we can, if you just bear with us. Okay.
Ms. Bradberry, if you'll just have a seat down there. I'd like to let Mr. Johnson swear the witnesses and ask a few preliminary questions, then if any members of the committee have any questions, then we'll allow that at that time. Mr. Johnson.
DORIS M. BRADBERRY, having been duly sworn, testified as follows:
MS. BRADBERRY - EXAMINATION BY MR. JOHNSON:
Q. And are you Doris M. Bradberry?
A. That's right.
Q. Ms. Bradberry, I have just a few questions for you. The Summary Statement that Ms. McQueeney sent you, Carleen, do you affirm that that information is correct and would you agree to entering that into the record of the transcript today?
A. Yes, I would.
1. Doris M. Bradberry
Home Address: Business Address:
200 Appletree Lane 1010 Wren School Road
Williamston, SC 29697 Piedmont, SC 29673
2. She was born in Anderson, SC on 2/2/38. She is presently 56 years old. Social Security Number: ***-**-****.
5. She was married on May 19, 1956 to William Troy Bradberry. They have four children: Randall Troy Bradberry, age 36 - Kirby Representative; Dianne B. Nalley, age 35 - SC State Credit Union; Toni Bradberry, age 32 - Nurse; Kelly Bradberry, age 25 - Autecs.
7. EDUCATION - Masters Plus 30 - Areas of Certification in Education: Elementary Education; Reading Coordinator or Director; Principal (Elementary); Middle School Language Arts; Middle School Mathematics; Middle School Science; Middle School Social Studies; Guidance Counselor (Elementary).
Clemson University, Clemson, SC: Continued study in the field of Education and Critical Needs; Supervising the Student Teacher--1991; Education and Prevention Drug and Alcohol - 1991; Field Experience in Elementary School Guidance -1990; Analysis of the Individual - 1990; Theory and Practice of Counseling and Psychotherapy - 1988; Computer Applications for Teachers - 1988; Using the Computer in the Classroom - 1986; Certified as Principal 1978.
Masters in Reading - 1973 - (Cumulative Graduate GPR 4.0).
Bachelor of Elementary Education - 1970 (with honor, rank 24 of 258).
Tri-County Technical College, Pendleton, SC
Microcomputer Applications, 1986
Partnership for Academic an Career Education - 1994
Anderson College, Anderson, SC - Associate of Arts - 1967
9. She has been or is a member of: Clearview Baptist Church; SCEA; NEA; Pacesetter Square Dance Club.
10. Her professional experience includes: School District #1 Teacher; West Pelzer - 1971 to 1974; Wren Middle - 1974 to present.
13. Other business enterprises include a small farm. (beef cattle).
21. Five (5) letters of recommendation: Dr. Jack Couch, John W. Brown, Annette Christy, Cheryl A. Daily, Rose Alice Robinson.
Q. Your SLED records check came back negative. Your Department of Transportation Driving record is negative. Your Personal Data Questionnaire indicates negative responses on 11 through 20 and your State Ethics Commission Statement of Economic Impact or Interest indicates negative on Items 13 through 20.
And I just want to go over a few questions that are going to -- that are almost the same as the ones that you've answered just to see if there are any changes.
Do you or any member of your family own or operate any business which contracts with the state or federal government?
A. The only employment I have, I'm a teacher of the State of South Carolina.
Q. Do you or any member of your family own or operate any business which receives state or federal funds from the Board -- from the Consumer Affairs Commission?
A. No.
Q. And, again, have you ever been arrested, charged or held by federal, state or other law enforcement authorities?
A. No.
Q. Have you, to your knowledge, ever been under a federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Are there any reasons that you can think of why you may have difficulty performing the duties of this appointment?
A. No.
Q. And if you would like to, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission?
A. I've always been a person who broadens my horizons and this is just another experience that I would personally enjoy. And then I would like to give back to the State of South Carolina something and this would be as serving on this committee.
MR. JOHNSON: Mr. Chairman, that's all I have.
THE CHAIRMAN: Thank you. Members of the committee that just came in, this is our first candidate, Mrs. Bradberry and she just answered a few preliminary questions which concerned her Economic Interest Statement and background check and so forth. Do any committee members have any questions at this time?
EXAMINATION REPRESENTATIVE WHIPPER:
Q. I would like to ask a little more about her community involvement. I know -- I see your professional involvement in the appropriate professional organizations?
A. The community as a whole, I think I'm one of the members of the community that is -- people are able to call upon. Personally, right now, we are involved in working to make our community a better place for our children to live and I am serving on a -- on that committee to help to regulate a trailer park that is being presently built in our community.
We are also working to see that the organizations that are built in our community which is a farming community, the standards are upheld.
In my church, after 31 years of belonging to one church in the community, we, my husband and I, decided that we needed to grow, so we started searching for a church and we found one that was a mission from another church and we joined that.
And in the capacity of the Finance Committee and the Building Committee, I have served and I'm presently serving as -- on the Finance Committee.
Q. What do you see sa the purpose of this particular commission? How do you interpret it?
A. I feel this is more or less a mediator between the consumer and businesses.
THE CHAIRMAN: Representative Whipper, are you finished?
REPRESENTATIVE WHIPPER: (Nods head up and down).
THE CHAIRMAN: Any other questions from the --
REPRESENTATIVE BAILEY: Yes.
THE CHAIRMAN: Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Ms. Bradberry, what does your husband do?
A. He's in textiles.
Q. With who?
A. Milliken.
Q. We sure been selling a lot of stuff. Not your husband. Mr. Milliken. He must have got a lot of money?
A. Pretty wealthy there in Spartanburg.
Q. Where is Williamston? Is that close to Spartanburg?
A. Williamston is near Anderson. It's between Anderson and --
Q. Who is your House member?
A. John Tucker.
Q. Who is your Senator?
A. The Senator? Okay. Excuse me. Mullenax.
THE CHAIRMAN: Senator Waldrep, I would imagine.
A. Waldrep. That's right. Excuse me. Ed Garrison was so long.
Q. I think Mr. Mullenax was like one term, I believe.
A. Dan Cooper is also in that area.
Q. Thank you, ma'am.
THE CHAIRMAN: Any members of the committee?
EXAMINATION BY THE CHAIRMAN:
Q. Ms. Bradberry, let me follow up a little bit on what Representative Whipper asked you. Do you know anything about the procedure of the Consumer Affairs Commission?
A. No, I don't, but I'm willing to learn.
Q. Anything about the quality of it, what it can and cannot do as far as mediating as you were describing earlier?
A. I -- to my -- I think -- this is just what I think, that it's not a regulation committee. It's a committee that makes recommendations.
Q. And your background, what do you feel that you have in your background that helps you as far as serving on the Commission?
A. Well, like I said, I have worked for the finance committees at churches and I do take care of the business, the farming business, which is -- it's a small business, but I take care of my personal businesses and budgets, and so I do have a knowledge of how things run and I do take care of a good bit of the buying and selling of my personal vehicles and such. I take care of all the records.
Q. You seem to have experience on both sides of the field as far as a consumer and as a business person, too?
A. I think so.
Q. Do you feel that you can be a neutral person in a situation that comes before the Commission?
A. I think so.
THE CHAIRMAN: Any other questions? Senator Reese.
EXAMINATION BY SENATOR REESE:
Q. Mr. Bradberry, are you a retired school teacher with 30 --
A. No. No, I'm -- I have 30 -- I just checked on that today while I was down here. I have 30 -- I mean twenty -- 24 years.
Q. You're still an active teacher?
A. I still am an active teacher.
Q. Are you planning on pursuing the 30 years?
A. No. It's according to how things go. I may retire at 25. I may take that option. I don't know. I haven't made that decision yet.
THE CHAIRMAN: Senator?
SENATOR REESE: I'm through.
THE CHAIRMAN: Okay. Any other questions? Ms. Bradberry, we will have a brief Executive Session at the end of this just to see if there are any members of the committee have anything in particular that we need to ask the candidates. I hate to have to ask you to wait around, but I don't have any choice, but to do that.
A. That's what I get for marrying a Bradberry, isn't it?
THE CHAIRMAN: Thank you for coming and we'll be back with you sometime after while.
MR. JOHNSON: Mr. Chairman, if I could, Ms. Bradberry, before you leave --
A. Yes.
MR. JOHNSON: Just for her sake and for everybody else, Mr. Chairman, I would like to request that a motion be made to keep the record open on Ms. Bradberry and all the additional candidates in the event that additional information is needed or the candidates need to be addressed in light of their credit reports or anything else that may come up at this time and that way, we won't have to make it again.
THE CHAIRMAN: Okay. I intended to do that at the end of the meeting, but we can do that now. Everybody understands that.
REPRESENTATIVE BAILEY: So moved.
THE CHAIRMAN: Okay. All in favor aye. All opposed, no. The ayes have it. That's what we were talking about earlier. We don't have the credit reports and -- so we will hold it open until we get those to the committee members. Thank you.
(Off the record)
THE CHAIRMAN: Ms. Kinard, how are you today?
MS. KINARD: Fine. Thank you, sir.
THE CHAIRMAN: Good to have you with us. Before we begin, we're going to let Mr. Johnson, who is our staff attorney, ask a few questions after he puts you under oath and following that, if any of the committee members have questions, they would ask you at that time.
And as we've told you before what we're going to do is hold the record open, so that if something comes back from an inquiry report or something, we have the right to look at that before we actually make a decision which should be in the next couple of days.
MS. KINARD: All right.
THE CHAIRMAN: Okay. Mr. Johnson.
ROBIN LEWIS KINARD, having been duly sworn, testified as follows:
MS. KINARD - EXAMINATION BY MR. JOHNSON:
Q. And you are Robin Lewis Kinard?
A. Yes, sir.
Q. Ms. Kinard, do you affirm the information that you sent
-- the Summary that Carleen McQueeney sent you for your review and then you were to send back, do you affirm that information is correct and would you agree to have that Summary entered into the record of the transcript here today?
A. I would like to ask if some changes have been made. Okay.
Q. All right.
A. She said the changes have been made.
THE CHAIRMAN: So with the changes you would agree they --
A. Yes, sir.
THE CHAIRMAN: -- can be introduced?
1. Robin Lewis Kinard
235 North Valencia Road
Ridgeway, South Carolina 29130
2. She was born in San Diego, California on 11/15/52. She is presently 42 years old. Social Security Number: ***-**-****.
5. She was married on 12/10/82 to Bruce Lee Kinard. She has four children: Robyn Elizabeth, age 22 -Manager of Hair Cuttery in Aiken; Jonathan Barrett, age 19 - Construction; Christopher, age 10; Andrew Lee, age 6.
7. Education: USC-Lancaster Full time nursing student currently enrolled in the ASN 1993-1995 program and Criminal Justice major also - Approved Scholarship at USC; Richland School District I Licensed Practical Nursing Program, graduated 1978; 1970 graduate from Winnsboro High School.
8. Public Service: Ridgeway Zoning Board of Adjustments Chairperson (appointed) 1990 to 1994; Board member from 1989 to 1990.
10. Her professional experience includes:
September 1993 to present: Columbia Health Care Services as a Temp for nursing positions on the weekends while in school.
January 1992 to August 1, 1993: Blue Cross and Blue Shield Insurance Company of South Carolina - Nurse Case Manager
July 1991 to January 1992: Moncrief Army Community Hospital - Health Risk Coordinator
January 1990 to July 1991: Mack Trucks incorporated - Wellness Coordinator.
August 1982 to January 1990: Richland Memorial Hospital - Quality Assurance Data Coordinator.
January 1980 to August 1982: Lexington County Hospital -
LPN/CCU-PCCU.
February 1978 to January 1980: Self Memorial Hospital - LPN
Neonatal Intensive Care Unit; Greenwood Nursing Home - LPN
-Member of Geriatric Review Board.
21. Five (5) letters of recommendation: Dean John Arnold, Professor Ralph Garris, Bo Harwell, Father Chris Clements, Mrs. Laura Thomas.
Q. Ms. Kinard, your SLED records check is negative. Your Department of Transportation driving records check is negative. Your Personal Data Questionnaire indicates negative on responses for Items 11 through 20. Your State Ethics Commission form indicates negative on Items 13 through 20.
And, then, I'm just going to briefly review questions similar to those that were on both of those forms with you.
A. Yes, sir.
Q. Do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No, sir.
Q. Do you or any member of your family own or operate any business which receives state or federal funds or any funding from the Consumer Affairs Commission?
A. No, sir.
Q. Have you ever been arrested, charged or held by a federal, state or other law enforcement authorities for violation of a state or federal or local law?
A. No, sir.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No, sir.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No, sir.
Q. Are you now or have you ever been employed as a lobbyist or acted in a capacity as a lobbyist principal?
A. No, sir.
Q. Are there any reasons you can think of why you may have difficulty performing the duties of this appointment if you get it?
A. No, sir.
Q. If you would like to now, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission.
A. All right. Just to establish, I am Robin Lewis Kinard. I'm here today to establish my credibility, my credentials for this position on the Commission. I am from a strong family background of God, country and family.
I bring knowledge of several fields -- medical, computer technology, health insurance, criminal justice. I personally kept two convicted murderers in for 21 years, since 1973.
I have great negotiational skills. I'm able to see both sides of a situation and I research the situation. I have been in the public service for over 20 years in nursing and with the criminal justice system. I see this as a continuation of public service for South Carolina.
THE CHAIRMAN: Members of the committee?
EXAMINATION BY SENATOR HAYES:
Q. You said you kept two murderers -- can you explain exactly how you keep them in there?
A. Yes, sir. I have to go in front of a parole board twice a year to protest parole for two convicted murderers. My brother was killed in 1973. These two men received the death penalty. At the time it was unconstitutional and so the life sentences were commuted to life in prison. Within five years, they were eligible for parole and I have been going back ever since.
Q. Is that in California?
A. No, sir, it's here.
Q. Here in South Carolina?
A. Yes, sir. We have -- my father was in the Marine Corps, retired from there and decided to live in Ridgeway, South Carolina, of all places, and my brother was killed in Columbia in 1973.
THE CHAIRMAN: Any questions from the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. I was going to ask about the same questions. What denomination are you, religion?
A. Episcopal.
Q. Is your father still living?
A. Yes, sir.
Q. Does he live in Ridgeway?
A. Yes, sir. I take care of both my mother and father. They're disabled and --
Q. What branch of the service?
A. Marine Corps.
Q. Do you know who your -- who is your state senator?
A. Martin. John Martin. And my Representative is Tim Wilkes. And I don't know what district I'm in yet.
REPRESENTATIVE WHIPPER: We don't either.
Q. We could be moving in with you.
A. And John Hodges, I believe is our district judicial for testimony victims advocacy programs and I believe after that I have to see what the chart is.
Q. You worked at Mack Truck in Ridgeway?
A. No.
Q. I mean in Winnsboro?
A. Winnsboro. Yes, sir. That was an educational experience. I was their health nurse. When the union had to come down from Pennsylvania, it was really negotiation time between nonunion and union personnel.
Q. I know a little bit about Mack. I've got some -- my wife is from Winnsboro. So you're still in nursing right now?
A. Yes, sir. I'm continuing my education. Probably by the end of '95, I'm going to have an extended degree in nursing, criminal justice and in computer science.
Q. And you are a practical nurse?
A. Yes, sir. Blue Cross Blue Shield insisted that all the nurses who are case managers upgrade their education, and so I did. And now I'm currently enrolled in USC for the nursing program, the criminal justice program and the computer science program and I am paying it for myself.
Q. What does your husband do?
A. My husband works Keebler Cookies.
Q. Good cookies.
A. Yes, sir. They are. It feeds the family especially since I'm in school.
Q. How long have you been in the state of South Carolina?
A. State of South Carolina. My father retired from the Marine Corps, I want to say either '59 or '60. Anyway, we previously came from Georgia. And, of course, with a military background, we've lived in several years.
Q. Are you a registered voter?
A. Yes, sir.
REPRESENTATIVE BAILEY: I don't have any more questions, Mr. Chairman.
THE CHAIRMAN: Any other members of the committee? Mrs. Kinard -- I'm sorry. The Senator from Horry.
EXAMINATION BY SENATOR ELLIOTT:
Q. Ms. Kinard, if a complaint came in involving members of a white community and black Americans, would you have any problem in determining the position of fairness between the complainants?
A. No, sir. As I said, my background, like I say God, country, family. Being in the Marine Corps, I was exposed that everybody had a mama and daddy that came in all colors, all sizes, all religions. And it wasn't until we moved to Ridgeway that I realized that -- that being in Ridgeway was a certain type of environment.
You -- it was just country folks, so to speak, and that's where I grew up, in the country community, but I was exposed to every type of ethnic group there ever was being in the military and my father and my mother, the teaching that a person is a person and you go from that value. You do not judge by the color of skin or religion and you go with the person's values.
Q. Thank you. I have no further questions.
THE CHAIRMAN: Any other questions?
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. How do you interpret the mission of the commission?
A. All right. I see the -- personally, not having been on the board, but having worked with the zoning committee as chairman, I can understand the type of negotiations that have to come about on the commission and I see it as being like a mediator between two certain parties or the parties involved regarding the situation. It needs to be researched and you have to negotiate to see the term -- how it will effect short term and long term, depending on what the situation is.
Sometimes not everybody is happy, but you can make certain negotiation agreements to make it reasonably acceptable. I see the commission as being a mediator more or less.
Q. I notice that you -- and I guess this will have to be answered, that you are presently serving on a board. Is that -- would that be a dual --
A. I was under the impression that when I received the commission appointment that I would have to stop serving as the zoning chairman. And I understand that.
Q. I'm not sure. I just think that there is something in the Rules --
A. Because of conflict interest.
Q. -- covered in there that we need to look into.
A. Yes, sir. Yes, ma'am.
THE CHAIRMAN: But your response, Ms. Kinard, is that if you are successful in this seat, you would resign from the zoning board?
A. Yes, sir, it is.
THE CHAIRMAN: Okay. Senator from Spartanburg.
EXAMINATION BY SENATOR REESE:
Q. Ms. Kinard, I notice that you have a lot of children like Senator Courtney and myself.
A. Yes, sir.
Q. Especially the two young ones, would that create any kind of problem if you had to come to Columbia and leave them at home? Would your husband be able to handle the situation?
A. Yes, sir, my husband handles many situations, so to speak. My older two -- well, with my family, I try to instill, you know, the background that I have and also to be very independent.
My daughter is manager at a haircutters. She does have her license in cosmetology and she's pursuing her business degree. She is very young. She's just -- will be turning 23. My son is working for Keebler and he will be pursuing his education.
The younger two, 10 and 6, are enrolled in school at this time, first grade and fourth grade, and they understand their responsibilities. Mother and dad are at home, I'm the principal caregiver of them also, but it's a family situation where everybody has to work together.
You have to work together or you'll have chaos. Now, it's a little loose sometimes, but it's in control. And so there would be no problem with that. I've handled it thus far, I can handle it again.
THE CHAIRMAN: Anything else? Okay, Ms. Kinard, thank you very much. Thank you for coming today and we have to ask you to wait because we're going to have executive session at the end in case any specific questions come up that we need to discuss out of the presence of everybody, so if you'd make yourself comfortable, we'll try to get this through.
A. I would like to add one other thing. While working with the insurance company as a nurse case manager, I was in the position where I had to negotiate a great deal of money between provider, client and the insurance company to make sure certain guidelines, protocol, policies were maintained, level of care, continuity and to make sure everybody was reasonably happy and that was a tough job. I did receive one of the highest honors at Blue Cross Blue Shield for outstanding employee and I want that to be noted.
THE CHAIRMAN: Thank you. That is noted.
REPRESENTATIVE WHIPPER: I have question I'd like to throw out to the committee.
THE CHAIRMAN: Would you like to ask that now?
REPRESENTATIVE WHIPPER: Yes, I just think that as Members and I guess because of my background with employment that we need to be cautious about some questions that might not relate. We need to be careful, so in case anything comes up, we will not be charged with discrimination for purposes of sex or religion or race or, you know. And so our questions need to be really dealing with the ability of the client to perform this task, so there will be no question that would come up. That's the way I feel about it.
THE CHAIRMAN: I'd like the Members to note that, please. Mr. Leapord, how are you doing today?
MR. LEAPORD: I'm doing fine. Thank you.
THE CHAIRMAN: It's good to have you with us. We appreciate your forbearance with us. We're going to put you under oath and Mr. Johnson, our staff attorney, is going to ask you a few questions and then following him, if any of the committee members have any questions, they'll ask you those.
And then following that, we're going to ask you to wait around a little bit more because we need to have an Executive Session at the end of the complete meeting because we may need to bring you back for some other questions, so we'll have to do it all in one day and try to make it as easy for you as we can. Okay. Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
ROBERT JOE LEAPORD, having been duly sworn, testified as follows:
MR. LEAPORD - EXAMINATION BY MR. JOHNSON:
Q. Mr. Leapord, the summary that Carleen McQueeney sent back for your review and then you sent back to the committee, do you affirm that the information is correct on that summary and agree to have that summary entered into the record of the transcript here today?
A. As far as I know.
1. Robert J. Leapord
Home Address:
506 Hackney Road
Greer, SC 29936
2. He was born in Greer, South Carolina, on January 16, 1935. His is presently 59 years old.
Social Security Number: ***-**-****
5. He was married to Claudine Fowler Leapord on June 24, 1967. He has two children: Cynthia Lee Leapord, (Teacher at Brook Glenn Elementry); Candace Ann Leapord, (student at Lander University, Greenwood, SC).
6. Military Service: Army - December 4, 1957 to December 4, 1959; Sp-5 with Honorable Discharge; Ft. Meade, Maryland.
7. He attended Furman University from 1952-1954; attended Greenville Technical School completing several courses in Real Estate during 1977; 1965 he attended Whirlpool Sales & Marketing in Benton Harbor, Michigan.
8. He has served as a Commissioner for the SC Consumer Affairs since 1992.
9. He is a member of: Taylors First Baptist Church in Taylors, SC and Hejaz Shrine Temple in Mauldin, SC.
10. He has owned and operated Greenville Ice Skating, Greenville, SC 1960-1966; Southeastern manager for J. M. Fields, Inc., a division of Food Fair, Inc. (1966-1977); District manager, Southern Radio Corp., 1977-1990; Have owned Yogurt Delights since 1985, currently leased to Mr. A. L. Pringle, 75 Orchard Park Dr., Greenville, S.C.
21. Five (5) letters of recommendations: Ms. Shelby Williams, Mr. C.L. Howell, III, Mr. Jack Cochran, Mr. LeRoy Fowler, Mr. Dan Howell.
Q. Mr. Leapord, your SLED records check is negative. Your Department of Transportation driving record is negative. Your Personal Data Questionnaire indicates negative on responses for Items 11 through 20. Your State Ethics Commission, Statement of Economic Interests indicates negative on Items 13 through 20. And I have a few questions that are similar to those that you've already answered just to review with you again.
Mr. Leapord, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives any funds from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities?
A. No.
Q. Have you to your knowledge ever been under federal, state or local investigation for possible violation of criminal statutes?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, organization or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Are there any reasons that you can think of why you may have difficulties performing the duties of this appointment should you receive it?
A. No.
Q. If you'd like to now, Mr. Leapord, you may briefly explain to the committee why you want to serve on the Consumer Affairs Commission.
A. Well, I filled out the last term, the last year and a half, I think, and I've enjoyed it and I think it's a very efficient, productive agency. And as all of you know that we're -- Steve Hamm resigned and it's time to be looking for a new man. I'd like to continue to be a part of it.
It's a very efficient agency, I think, and I'd like for it to continue to be. And I have the time and it's -- it's of interest to me and all the people of South Carolina really.
MR. JOHNSON: That's all.
THE CHAIRMAN: Questions from the committee? Senator from Spartanburg.
EXAMINATION BY SENATOR REESE:
Q. Mr. Leopard, do you feel like you have learned a great deal in this service that you have already been a part of?
A. I have. It's a -- it's an extremely hard working agency, which I didn't know before I come into the -- come on to the commission. And I learned a lot more about state government than I realized that I didn't know before then.
And -- and I think it's a good agency. And it's going to be difficult to find a good man to replace the one that's leaving. And in order to continue to keep the agency very effective with the, you know, the restructuring of the budget and so forth, it's going to take a lot of effort by everyone over there. Not only the Advocate, but the whole team is going to have to work at this to be very efficient. It's got to be team work.
Q. Thank you.
THE CHAIRMAN: Any other members of the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. How long have you been in the Shriners Club?
A. Since 1969.
Q. Do you hold any office?
A. Yes, in some of -- in the Graders (phonetic) unit, which was just one of the units,, and then I also got in a little business back in '86 that took so much of my time, I almost had to drop everything. I was working too much.
And I haven't been active -- I've got a little more active in the last year and a half because I've had more time. And I will get more active back into it because I've got an awful lot of friends in the -- not only in the -- I'm sure you know Bob Lake, he was a friend of mine for many years. He still is.
THE CHAIRMAN: The Senator from York.
EXAMINATION BY SENATOR HAYES:
Q. Are you basically retired now?
A. To an extent, yes. I still take -- I'll take contractual work. Right now, I'm doing a lot of work for GE. You see, I worked for RCA basically for many years and I traveled all over the State of South Carolina for a number of years and I still don't know probably all the furniture and appliance dealers in the state.
And right now, I'm doing some work for GE for them
-- new accounts, things like that. So I'm working back all over the state, but it's just calling on old friends because I know most of them.
THE CHAIRMAN: Representative Whipper.
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. Since you have served you said a year and a half --
A. Basically, yes.
Q. About a year and a half, and you said that it is time consuming and involved. How do you feel your attendance has been? How would you evaluate --
A. My attendance, I haven't missed, but one meeting, and I think that was when my mother passed away, but it don't require a lot of time. And as a matter of fact, I could give it more time than is required. And sometime would like to.
THE CHAIRMAN: Any other -- Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Well, let me follow up that. Are you telling me that the -- is the commission taking care of the business over there? Do you need to have more time for Consumer Affair problems? Or when you say devote more time to it --
A. Well, when you've got a -- it's been well run and --
Q. I know that.
A. And there was no reason for us to spend any more time. There might be a little more time needed due to the changes over there, but it's a productive time that we spend over there and it could be -- probably needs to be increased a little bit until -- of course, you still got two -- two pretty good people over there running it, Phil Porter and Curtis Walker. But there again, they have to be -- it has to be one head man.
Q. Thank you, sir.
THE CHAIRMAN: Any other questions?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Leapord, you described the commission as a well run organization or a well run agency, and I think that it is. Are there any problems there that concern you or anything that needs to be improved?
A. Well, it was a little difficult when we kept losing people and didn't have the money to replace them, but all in all, it probably made the agency just that more efficient and it's going to come out this year on budget and it will -- if it's -- if it's handled right, it will continue to come out according to the budget.
And as you probably know, there has been some jobs added to the agency like the leasing situation, the Manpower Leasing Act that was -- you gentleman passed. That's just one of the most recent things that have been added. And to add jobs and take away manpower makes an agency as efficient as it can be.
Q. A couple times, maybe three times, I heard you mention that there is -- it's going to be hard to find a good man to replace Mr. Hamm. I'm sure that's an expression, but we hope that you would consider a good woman also as you're making that search. I thought I saw Representative Whipper's head dip back a time or two there.
REPRESENTATIVE BAILEY: I was going to correct him.
THE CHAIRMAN: Any other questions from the committee? Mr. Leapord, we are -- as I said, we're going to have an Executive Session at the end, so we will ask you to wait around. We'll try to make it as quickly --
A. Very good.
THE CHAIRMAN: -- as possible. Thank you very much.
A. I thank you. I thank all of you very much.
THE CHAIRMAN: Mr. Lewis, we thank you for coming today. We're going to begin by putting you under oath and our staff attorney, Mr. Johnson, is going to ask you a few questions. Once he finishes then the members of the committee will probably ask you a few questions also and we'll allow you, of course, to respond and state anything you would like to state on your behalf.
Once we have finished, we're going to have to ask you to wait around because we'll probably have an Executive Session at the end and may need to ask you a few more questions and so we'll just have to ask you to do that. No other way around it. Okay, Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
JOHN E. LEWIS, having been duly sworn, testified as follows:
MR. LEWIS - EXAMINATION BY MR. JOHNSON:
Q. Mr. Lewis, the -- there was a summary sheet of information that Ms. McQueeney, Carleen McQueeney, sent to you for you to review and then it was sent back to this office. Do you affirm that the information in that summary is correct and would you agree to have that summary entered into the record of the transcript today?
A. There was one minor correction that I gave to Ms. McQueeney and it dealt with the date of my wedding anniversary.
Q. And with that correction, then you would allow that to be entered?
A. (Witness nods in the affirmative).
1. John E. Lewis
Home Address: Business Address:
206 Chancery Lane FN Manufacturing, Inc.
Columbia, SC 29223 P.O. Box 24257
Columbia, SC 29224
2. He was born in Chicago, Illinois on April 29, 1942. He is presently 51 years old. Social Security Number: ***-**-****.
5. He was married on April 19, 1963 to Ruth A. Lundquist. They have two children: Karyn Polson, age 25 - Library Assistant, Richland County; Kelly Herman, age 22 - Underwriting Clerk, Fleet Funding.
6. Military Service: U.S. Navy (June, 1960) - (Dec.1960); Airman Apprentice; Honorable Discharge.
7. Education: University of Dubuque - Master of Business Administration (September 1983 to May 1985); Loras College
- Bachelor of Arts, Business Administration (September 1979 to May 1981); Southwest Jr. College - Associate of Arts, Business Administration (September 1963 to May 1972).
10. His professional experience includes:
April 1993 to present - FN Manufacturing, Inc. -Sr. Quality Engr.; April 1991 to April 1993 - Ambac International, Inc. - Sr. Mfg. Engineer; October 1974 to April 1991 - John Deere Dubuque Works - Adv. Engr Analyst; April 1972 to October 1974 - Rousselle Corporation - Mfg, Engineer; June 1969 to April 1972
- McCain Div. MGD Graphics - Industrial Engineer; September 1966 to June 1969 - Goss Div. MGD Graphics - NC. Programmer; October 1962 to September 1966 - U.S. Industries - Journeyman Machinist; December 1960 to October 1962 - Swift & Company - Bookkeeper.
13. He is the majority stock-holder, Chairman of the Board or Directors, and President of Accuspect, Inc. This is a South Carolina Sub-Chapter S Corporation engaged in the business of providing written inspection reports to both buyers and seller of residential property. The business is primarily run by one employee. Mr. Lewis' primary function is to provide financial backing and general business direction. The business is not currently regulated by the Consumer Affairs Commission or any other state agency. They were an unsuccessful bidder on two contracts to provide consulting services to two local governmental authorities.
21. Five (5) letters of recommendation:
Phil McChesney, George Kennedy, Stan Luallin, Sam Baines, John Ebenroth.
Q. Let's see. Mr. Lewis, your SLED records check is negative. Your Driver's records check is negative. Your Personal Data Questionnaire indicates negative on responses Items 11 through 20 with the exception of Number 13, you listed that you're the president of Acu-Spec (phonetic)?
A. Yes, sir.
Q. And that you -- I believe you listed -- you said that you were an unsuccessful bidder on two local government contracts; is that right?
A. That's correct.
Q. And I think also you noted that your business is not regulated by the Department of Consumer Affairs; is that right?
A. To my knowledge, no.
Q. Your State Ethics Commission Statement of Economic Interests indicates negative on Items 13 through 20. And I'm just going to briefly go through some questions that are similar to those questions that you've already answered on those questionnaires.
Again, Mr. Lewis, do you or any member of your family own or operate a business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives state or federal funds or any funding from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Have you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Are there any reasons you may think of why you may have difficulty performing the duties of this appointment if you receive it?
A. No.
Q. Now, if you would like to, Mr. Lewis, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission.
A. Okay. I prepared a little statement here. My name is John Lewis. I reside with my wife at 206 Chancery Lane in Columbia, South Carolina. My wife, Ruth and I have been married since April of 1963. We were both born in Chicago, Illinois and moved from Chicago to Dubuque, Iowa in 1974 when I began work for John Deere.
In 1991, we relocated to South Carolina and I am now employed as a senior quality engineer for FM Manufacturing. My wife is an accountant for Life Abilities, an Easter Seal Affiliate. We're fortunate in both of our daughters, Karen and Kelly, have also relocated to the Columbia area. Karen and her husband moved to Columbia after he graduated from Iowa State University and Kelly, our youngest daughter, moved with us. She went to work for Fleet Mortgage Company, met a young man and was married in May of 1992 and they own a home in Lexington, South Carolina.
My education includes an associate, bachelor's and master's degree in Business Administration. These were all earned through night and part-time study. My work experience has primarily been in evaluating and solving the financial and technical problems associated or encountered in manufacturing products, primarily those products produced by metal working.
I'm certified by the American Manufacturing Engineering Certification Institute as a manufacturing engineer with a specialty of manufacturing management.
To achieve this certification, I successfully completed two four-hour examinations. The first examination was on engineering fundamentals and covered the principles that all engineers use in problem solving. The second examination was on the specialty area that I selected.
I have never been arrested or charged with any crime nor have I ever been held by any law enforcement authority. To my knowledge, I have never been under investigation by any organization for possible violation of any criminal statute or professional code of ethics. I've never been charged with any breach of ethics or unprofessional contact by any -- conduct by any civil authority, association or professional organization. I'm not a lobbyist nor have I ever acted as a lobbyist.
For three years during the mid 1980's, I did serve as a member of the Board of Directors of the John Deere Civic Action fund. This is a bipartisan political action committee funded by the employees of John Deere. The function of the Board of Directors was to approve or not approve requests for funding. Requests for funding came directly from the candidates, candidates running for public office. Participants in the fund were the management of John Deere. I terminated with -- my term expired prior to 1990.
I terminated my employment with John Deere in 1991 and am no longer eligible to serve in that capacity.
The Economic Interest statements that I've previously filed are still accurate. I do not derive any economic benefit from any governmental or regulatory agency other than those benefits that all citizens of the state receive.
My academic training has given me the skills to approach problems in a rational, logical and businesslike manner. My work experience has given me the skills to evaluate technical issues with thought processes of an engineer.
I have no hidden agenda in seeking this appointment. I'm willing and able to serve. As a citizen, I have a concern with boards that are staffed with members or employees of the professional groups or industries being regulated.
I offer my services as a candidate with no ties to any organization being regulated by the Consumer Affairs Commission. My only connection to the industries regulated by this Commission is that I along with every other citizen in the State of South Carolina use their services and buy the products of the companies that are regulated. I have no special qualifications to offer other than an independent voice of the consumer.
THE CHAIRMAN: Thank you, Mr. Lewis. Questions from -- Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Lewis, you were in the Navy?
A. Yes, sir.
Q. For how long?
A. Six months. I served active duty under six months.
Q. Then you were in the Reserves or something?
A. No, sir, I was discharged in Corpus Christi, Texas. I'm, for all practical purposes, blind in my right eye. That was discovered when I began screening for the specialty that I was training in. At that point, I was given several choices and one of them was to take -- just take a discharge.
Q. Yes, sir.
A. I did not apply for any --
Q. Disability?
A. -- disability or anything like that. I didn't feel like it was service connected, so --
Q. I notice down here, you do -- what kind of business is this, providing written inspection reports for both buyers and sellers of residential property?
A. Well --
Q. Is that your business?
A. I own it.
Q. I see it's a one-man operation.
A. I started the business primarily for my son-in-law and my function was to provide the funding for the business. His business -- job was to go out and do the inspections.
What we do is for buyers or sellers of real estate, we'll go in and evaluate the physical condition of the property, look at the -- the foundation, the roof, the landscaping, the grading, evaluate the -- what we can of the wiring and the plumbing and then submit a report.
Q. Are you familiar with the home building inspection, Home Inspection Bill that's going through, that was in both the House and Senate today?
A. No, I'm not. I think it's a good idea so.
Q. Thank you, sir. That's my bill. I appreciate that. He just got a brownie point. Where were you last week?
A. You know, from my perspective and being involved in the
-- in that particular industry, I see a real need for some type of regulation, and many states, and South Carolina is one of them, that unfortunately does not have any.
Q. That's all.
A. You've got my support.
THE CHAIRMAN: Representative McLeod.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. You said you worked for John Deere?
A. Yes, sir.
Q. Why did you leave John Deere?
A. I had reached a point in my career that I didn't see myself progressing much further in the company with the company. John Deere was going through the pains that most companies were with downsizing, so I had a choice. I could either continue to stay with Deere, which I would have had a very good job and take a retirement, or I could relocate into an area of the country that I wanted to relocate into and try something different. I decided to do that. I felt that was probably a more positive approach than just marking time.
Q. What is this John Deere fund you were talking?
A. John Deere -- the political -- it was a John Deere Civic Action Fund was -- it's an employee PAC.
Q. I mean, is it a federal type thing or --
A. No, it's an -- they donate money to primarily federal candidates. They don't -- we never got involved in state politics with the exception of Illinois and in Iowa, but they do fund candidates in almost any state where John Deere has a facility, and I mean by facility, I'm not talking about a dealership, but, say, in Georgia, here, there. In Atlanta, there is a parts distribution center and in Augusta, there is a factory. So in all probability, I would imagine they -- they may be funding the -- the campaigns of the representative from that particular area, if he would ask for it. Probably more heavily involved with the candidates from the Midwest -- Illinois, Iowa and Wisconsin -- because that was where most of the facilities were located.
THE CHAIRMAN: Any member of the committee?
EXAMINATION BY MR. ELLIOTT:
Q. What type of contracts were you seeking to get from the local government?
A. I bid on a contract with the Central Midlands Regional Development Authority to provide inspection services on some homes that they were renovating in the City of Hebron. And the other one, I submitted a bid, but I really felt kind of uncomfortable doing it. It was with the Historic Preservation Committee and I submit -- I sent off for the request for qualifications and then after I got it back, I thought, I really didn't want to mess with it, this isn't what I want to do. But then I got a call from the Procurement office and they -- they suggested that I submit the bid. I think they wanted to get some competitive bids, so I submitted a bid. But it really wasn't one that I had my heart in going after. I was more interested in the -- in the one for the --
REPRESENTATIVE BAILEY: Do you --
A. -- renovating the house, which was more with what we do.
Q. Yes, sir.
THE CHAIRMAN: Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Lewis, who is your state senator?
A. I think it was Courson, isn't it.
Q. I don't know, sir. You've got so many up here in Columbia, I really don't know. Who is your House member, do you know?
A. I really don't know. I am like most of the people you're going to run into.
Q. You don't need them until you call them, then you don't need them.
THE CHAIRMAN: What bothers me the most is that --
A. I don't need them, I don't call them.
THE CHAIRMAN: -- most of the people today have known who their House members were and then told us Senators who aren't even serving any more, so that bothers me a little bit.
REPRESENTATIVE MCLEOD: That tells you something.
REPRESENTATIVE BAILEY: No, I'm finished.
THE CHAIRMAN: Any other questions by the committee?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Lewis, the Consumer Affairs Commission is a very important commission and it's one that's been very active and very forceful in South Carolina for the last several years. What do you see the role of the commission being? What do you -- what part do you play as a member of the commission?
A. I see the commission as being more or less a watchdog agency in the state to insure against unethical business practices or people -- I don't want to say illegal or -- business practices, being the watchdog for frauds and --
Q. As a member --
A. -- regulate that. And to attempt to control some of the
-- in this case, it's insurance and banking and some of the rates and the regulations that may effect all of us.
Q. You mentioned earlier that the only real experience that you had was that of a consumer. Do you see yourself as being an advocate for the consumer on the commission?
A. I think so.
Q. Do you think that might be a problem as far as being neutral and, of course, you're dealing with businesses as well as consumers? Do you think that position is going to be a problem with you being fair to the business?
A. I don't believe so because my -- all of my educational background is more in the business arena and, of course, my -- my work experience throughout my career has been in making logical business decisions and it's -- it's always a balancing act that you're doing.
Q. All right, sir.
THE CHAIRMAN: Any other questions from the committee? Thank you, Mr. Lewis, and we'll get you back in here maybe after while. Bear with us. Thank you.
Mr. Skipper, we appreciate you coming here today and your interest in serving on the Consumer Affairs Commission. We're going to start off by putting you under oath and our staff attorney, Mr. Johnson, is going to ask you some questions. And then following him the committee members may have some questions for you and then we'll let you, of course, explain anything that you want to and give us your reasons for serving and then your qualifications.
Once we're through, we're going to have to ask you to stay because we're going to have Executive Session at the end and it could be something that come up in that, that we need to bring you back in to follow up or clarify something that you testified to.
I've just been notified that I'm needed at Senator Holland's Office on an emergency situation. Representative Whipper, would you take the chair for me while I am gone? I apologize for having to leave.
REPRESENTATIVE WHIPPER: Mr. Skipper, we're happy to have you here this afternoon and we have some -- has he been sworn in yet?
MR. JOHNSON: No, ma'am.
REPRESENTATIVE WHIPPER: You will be sworn in and then we have some routine questions to review with you first before the committee members ask questions.
MR. JOHNSON: Thank you, Madam Chairman.
RONALD G. SKIPPER, having been duly sworn, testified as follows:
MR. SKIPPER - EXAMINATION BY MR. JOHNSON:
Q. Mr. Skipper, the -- there was a summary that Carleen McQueeney sent out that's basically a condensation of all the information that you sent us and you had an opportunity to correct or amend that and send that back. Do you recall that summary?
A. Yes.
Q. Would you -- do you affirm that the information is correct on that summary and would you agree to entering that summary into the record and the transcript here today?
A. Yes, I do.
1. Ronald G. Skipper
Home Address:
P.O. Box One
Hartsville, South Carolina 29551-0001
2. He was born in Florence, SC on 2/17/51. He is presently 43 years old.
Social Security Number: ***-**-****
5. He was married on 6/7/73 to Sherron Lee and has two girls: Candace Angel and Christina Gene.
7. He graduated from St. Johns High School. Received an Associate Degree in Business Marketing from Florence Darlington TEC. He also received a Bachelor Degree in Business Management from Limestone College. He has also attended additional courses and workshops which included: Bell Leadership Series; Advanced Achievement Leadership Workshop - 1992; Daniel School of Management; Assertiveness Workshop - 1990; Hartsville Chamber of Commerce, Six Month Leadership Course - 1988.
9. He has been or is a member of: Chamber of Commerce; United Way; Lions Club; and Welsh Neck Baptist Association.
10. His professional experience includes:
Sonoco Products Company 1989-1993
High Density Film Products Division
Credit Supervisor (1991-1993)
Accounts Receivable Coordinator (1989-1991)
South Carolina Federal Savings Bank 1983-1987
Hartsville, SC Branch Officer
Consumer Loan Officer
Florence-Darlington Technical College 1985-1987
Part Time Evening Instructor
First National Bank 1977-1983
Hartsville, SC
Collections Officer (1980-1983)
Window and Vault Teller (1979-1980)
Drive-In Window Teller (1977-1979)
21. Five (5) letters of recommendation:
Mr.Jack Westmoreland, Mr. Hal Gaymon, Mr. Phillip Whichard, Mrs. Addie Mullis, and Mr. John Nichols (Banker).
Q. The -- your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative on Responses -- on Items 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates negative on Items 13 through 20. And I just have a few questions that are basically reviews of the same information from those questionnaires for you.
Mr. Skipper, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No, we do not.
Q. Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A. No, we do not.
Q. Have you ever been arrested, charged or held by a federal, state or other law enforcement authorities for the violation of a federal, state or local law?
A. No, I have not.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No, I have not.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No, I have not.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No, I have not.
Q. Can you think of any reasons that you may have -- that would give you difficulty in performing the duties of this appointment should you receive it?
A. There are none.
Q. If you would like to, you may briefly explain to the committee now why you would like to serve on the Consumer Affairs Commission.
A. Well, I was wanting to tell you a little bit about myself and lead into that, if that's all right, or should I just go right straight to the part about why I want to be on the commission?
REPRESENTATIVE WHIPPER: Well, whatever, you know, relates. We do have a resume. If you feel that you need to give us added information, you may feel free to do so.
A. I'd like to briefly just state that I was -- I was born in Florence, South Carolina. And when my father became a minister, we moved to Darlington, South Carolina, which is the county seat for Hartsville, Darlington and Lamar and other cities, neighboring cities.
Immediately after I graduated from high school, I was employed by Hanes Hosiery in Hartsville and I soon realized that I needed to further my education. Therefore, I resigned from being an employee at Hanes Hosiery to enroll in Florence-Darlington Technical College.
Upon graduation from Florence-Darlington Tech, I received an associate's degree in Business Marketing and moved to Hartsville and I began my career in banking.
I married my wife who is Sherron Skipper, City Clerk, Personnel Director for the City of Hartsville. And over the next 15 years, I saw many changes and mergers in banking. During that time that's when I realized that again I needed to further my education, so I enrolled -- while being a full-time employee, I enrolled in Limestone College.
In 1984 having two daughters that were teenagers at the time, I graduated from Limestone College and had a full-time job receiving a bachelor's degree in business management.
During the time of my banking career, the 15 years, I gained invaluable experience in dealing with consumers because my main obligation was consumer loan officer. The banks that I actually worked at were just two different banks, but they merged out several times, so the name changes each time it merged out. It looks like I worked for many banks, but I didn't. It was just two of them.
In 1988, I began a career in the product sector with Sonoco Products company, a Fortune 500 company, as credit supervisor with the High Density Film Division. My working relationship with Sonoco continued until 1993, just recently, due to downsizing of -- foreign competition. They began downsizing and laying off positions to cut back, and, unfortunately, in July, my position was among others that was cut back. And I found myself looking for employment, and I found myself with a unique opportunity because of the many things that I learned at Sonoco. I learned computer technology, thus opening up my own small business just recently doing computer repairs, major installations, upgrading and preventive maintenance.
Although this type of business is extremely small, it is something that I extremely enjoy doing in my spare time. I feel that the past 23 years of my adult life has given me the knowledge, the skills and the confidence to serve the people of South Carolina in the same dependable way that I have always served the people in my area as a volunteer and through service organizations.
To the Consumer Affairs Commission, I bring my strong sense of fair play and honesty which the consumers of our state deserve. It is my desire to serve our consumers with the same integrity that I've always given to the people in my community, and I have been a volunteer, like I said, for 23 years in the Hartsville area serving on the nonprofit organizations such as the United Way, Lions Club and things like that and I have given unselfishly of my time to the people of Hartsville, and I've extremely enjoy that.
I dedicated myself and I was loyal and still am and I want to carry that over to the State of South Carolina to all the consumers.
REPRESENTATIVE WHIPPER: Thank you. Do we have any questions from the committee members? Yes, Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Skipper, St. John's High School, that was in Hartsville?
A. That's in Darlington.
Q. Darlington?
A. I was born in --
Q. You don't happen to have one in Charleston on Johns Island?
A. I think that's St. Johns Island.
Q. What did you say you do now?
A. I am self-employed temporarily as the Computer Doctor. I'm registered with the Federal Tax ID, employer ID number as the Computer Doctor. And what it consists of is major repairs to PCs and the paraphernalia that goes with the computer, major installations, upgrades and preventive maintenance.
Q. And I think you said your wife works for the Town of Hartsville?
A. City of Hartsville. She is the City Clerk and Personnel Director. Has been for the last 13 years.
REPRESENTATIVE BAILEY: That's all, Madam Chairman.
REPRESENTATIVE WHIPPER: You have other questions? Yes.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. What did you teach?
A. At Florence-Darlington Tech? Introduction to Teller Training, Banking. That's where I began my first contacts and working in also public relations with people as a teller in a bank, and that's when the urge inside me began to grow that I wanted to be a servant to the people.
REPRESENTATIVE WHIPPER: Senator.
EXAMINATION BY SENATOR REESE:
Q. Do you anticipate staying in your own business indefinitely?
A. I have talked to many people that are already in the business and for the size of Hartsville and the Darlington County, that's how the business is, part time. And I continue to do that really in my spare time.
I did it before the downsizing at Sonoco on the weekends and basically that's what it is right now, just weekend work. There is just not enough type of that equipment in that county that needs a full-time position. But I anticipate it to be part time for me many years to come, almost like a hobby.
REPRESENTATIVE WHIPPER: Other questions? Mr. Skipper, we would like to inform you that the session is open for further information because we do not have all of the information that we requested and after we are through with the interviews, we will have an Executive Session and at that time, afterwards, if you are around, we may have a report. Thank you.
A. Could I ask one question?
REPRESENTATIVE WHIPPER: Yes.
A. Carleen called me the other week -- the other day and made note that a couple of the letters had not come in, I was wanting to know if they did.
MS. MCQUEENEY: I got them.
A. They did. Okay. Thank you.
REPRESENTATIVE WHIPPER: Thank you. Mr. Churchill, we're happy to have you with us this afternoon and we would like to begin by having you sworn in and having you answer a few questions.
MR. CHURCHILL: Okay.
MR. JOHNSON: Thank you, Madam Chairman.
DAVID L. CHURCHILL, having been duly sworn, testified as follows:
MR. CHURCHILL - EXAMINATION BY MR. JOHNSON:
Q. Mr. Churchill, there was a summary of information that Ms. Carleen McQueeney condensed from all the forms that were filled out that was sent to you for your verification and then returned back to our office?
A. Right.
Q. Do you affirm that the information on that summary is correct and would you agree to enter that into the record today?
A. Yes.
1. David L Churchill
807 Wedgefield Road
Florence, SC 29501
2. He was born in Bloomfield, NJ, on June 12, 1930. He is presently 63. Social
Security Number: ***-**-****.
5. He was married April 17, 1954 to Janet Feist. They have two children: Glenn P. Churchill, age (36), Assistant Solicitor, 9th Judicial Circuit and Ellen W. Churchill, age (32), Nurse Practitioner (MSN).
6. Military Service: August 24, 1952 - October 8, 1956 USAF Captain; AO 2246900; Honorable discharge; Served as Russian Language Intelligence Officer (NSA).
7. Education: Rutgers University, New Brunswick, NJ 1948-1952. Received a BA degree. Magna Cum Laude, Phi Beta Kappa.
8. Public Service: Member of Zoning Board of Appeal (appointed by the Mayor) in Ohio, 1973-1974; February 1, 1994 to Present - Volunteer Tutor for the Florence Area Literacy Council.
9. He has been or is a member of: Chi Phi social fraternity; Phi Beta Kappa; National Trust for Historic Preservation; Rutgers Club of South Carolina; AARP; Sons of the American Revolution; National Association of Railroad Passengers.
10. His professional experience includes:
Evaluator (P.T.) Florence Coalition Against Alcohol and Other Drug Abuse - Florence SC - August 1992 to November 1993; Marketing Consultant L-TEC Welding & Cutting Systems - Florence, SC -Sept. 1990 to Aug. 1991; Product Business Manager L-TEC Welding & Cutting Systems - Florence SC - July 1985 to August 1990 (Retired); Product Manager Union Carbide Corp., Linde Division -Florence, SC - January 1978 to June 1985; Special Assignment Union Carbide Corp., Linde Division - New York, NY - August 1977 to December 1977; President, Merritt-Holland Company Subsidiary of Union Carbide Corp. - Wilmington, NC - May 1974 to July 1977; Region Marketing Manager Union Carbide Corp., Linde Division - Cleveland, OH
- February 1968 to April 1974; Assistant Region Sales Manager Union Carbide Corp., Linde Division - San Francisco, CA - February 1965 to January 1968; Field Sales Representative Union Carbide Corp., Linde Division - Buffalo, NY - August 1958 to January 1965; Training Coordinator Union Carbide Corp., Linde Division - New York, NY - October 1956 to July 1958.
21. Five (5) letters of recommendation: Sean Kittrell, Walter Ranson, Ray Frisch, Steve Dykes, Scott Blalock.
Q. Thank you, sir. Your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative on responses to Items 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates a negative on Items 13 through 20. And I've just got a few questions to ask you that are really just review of those questions that you've already answered before in those forms.
Mr. Churchill, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No, we do not.
Q. Do you or any member of your family own or operate any business which receives funding from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for the violation of a state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No, I have not.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in a capacity as a lobbyist principal?
A. No.
Q. Are there any reasons you may think of that may cause you difficulty in performing the duties of this appointment if you receive it?
A. No.
Q. If you'd like to now, Mr. Churchill, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission?
A. Well, I've got a selfish reason and I've got an unselfish reason. The selfish reason is I'm retired and I think that retired people should remain intellectually active and the unselfish reason is if I'm going to be intellectually active, I'd like to -- that activity to be socially beneficial.
That's the reason that I act as a volunteer tutor for the Florence Area Literacy Council and that's the reason that I applied for and was given the position as a part-time evaluator of the -- of the Florence Coalition Against Alcohol and other Drug Abuse, which was a temporary position, but I had that job for about 13 months.
REPRESENTATIVE WHIPPER: Do we have any questions from the committee? Senator.
SENATOR REESE: Yes.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Just a couple. Mr. Churchill, looking at your professional experience you came to South Carolina in about 1978 with Union Carbide --
A. Yes.
Q. -- from New York?
A. Well, actually my previous assignment with the Union Carbide was in Wilmington, North Carolina. But I was president of the Union Carbide subsidiary in Wilmington, North Carolina. That is what I did for Union Carbide prior to coming to South Carolina.
Q. How about telling me a little bit about this, the Florence Coalition Against Alcohol and Other Drug Abuse. What did you do with that?
A. Well, there is a -- that's a federally funded activity and there is a -- there is a company in Columbia known as the Evaluation Group, which had a -- which has a contract to evaluate that program. You know, any time the government spends money, they like to know what's going on and so forth. I was one of a hundred applicants for the job of local evaluator for the Florence Coalition and I received that position. And my job was to attend all of the volunteer committee meetings and write an evaluation report, so I did that for the 13 months that the -- that the job existed, but they abolished -- well, it was a temporary assignment, temporary job.
REPRESENTATIVE BAILEY: I don't have any more questions, Madam Chairman.
REPRESENTATIVE WHIPPER: Other committee members? Senator.
EXAMINATION BY SENATOR REESE:
Q. Mr. Churchill, have you ever considered joining the National Association of Bus Riders? I notice you're a member of the National Association of Railroad Passengers?
A. Well, I'm not sure there is a National Association of Bus Passengers, but I am a rail buff, so that's why I -- I joined that group.
Q. What do y'all do, make trips and things?
A. Well, you get a newsletter which tells us what's going on basically with AmTrak because you know they run most of the passenger trains and then you get a sticker to put on your car and it says, "I'd rather be on the train."
Q. Is that in -- have any of the historic trips involved? I know in Spartanburg, sometimes we have these historical trips.
A. Yeah, I haven't been on one of those, but most of -- those are mostly excursions and they're very popular and I just haven't had a chance to go on one yet, but at least not in this state.
Q. That's all.
REPRESENTATIVE WHIPPER: Other committee members?
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. How do you see the mission of this agency?
A. The mission of the --
Q. The agency?
A. The agency?
Q. Uh-huh, or the commission really.
A. Yeah. Well, it's to -- it's to protect the consuming public in South Carolina and I know that there is an -- there is a legal division and I know that there is a consumer advocate division, an administration division and -- and then the -- and then the division that handles the consumer complaints.
And my understanding is that anything having to do with the -- with the -- anything that's purchased on credit within this state pretty much comes under the purview of the -- of the -- well, actually, the Department of Consumer Affairs, and my understanding of the Commission's activity is to act and serve as sort of a board of directors for the -- for the department.
REPRESENTATIVE WHIPPER: Do we have other questions? Yes.
RE-EXAMINATION BY SENATOR REESE:
Q. Mr. Churchill, were you involved in the Korean Conflict?
A. I was -- I served during the Korean Conflict as a cryptolinguist for the -- the National Security Agency. When I -- when I graduated from Rutgers, they were asking for volunteers to study the Russian language and I volunteered and I had a commission as a Second Lieutenant through the Air Force ROTC at Rutgers. And I spent a year learning the language and I spent three years working on the Russian cipher systems in the Washington area for the National Security Agency. So I was during the Korean War, right.
REPRESENTATIVE WHIPPER: Thank you very much. And we will be in Executive Session after we've interviewed all of the applicants. And if you will, we will speak to you at that time and answer any questions.
A. I don't quite understand that. What would be the reason for -- for remaining here while the group continues --
REPRESENTATIVE WHIPPER: I think we will be able after Executive Session to report out as to whether your application has been accepted and you -- we have reported out favorably or unfavorably.
A. Okay. Thank you very much.
REPRESENTATIVE WHIPPER: Mr. Edwards.
MR. EDWARDS: Yes.
REPRESENTATIVE WHIPPER: Thank you for applying for this particular vacancy on the commission. We will begin by having you sworn in and then some routine questions that you would need to answer.
MR. EDWARDS: Okay.
JAMES LEE EDWARDS, having been duly sworn, testified as follows:
MR. EDWARDS - EXAMINATION BY MR. JOHNSON:
Q. All right, sir. There was a summary of information that Ms. Carleen McQueeney put together from all the information that you've sent our office and she sent it to you for your review, and I'd just like for you to affirm that the information on that summary is correct and then I -- to agree to have that summary entered into the record here today?
A. Yes.
1. James Lee Edwards
Home Address:
11 Dennis Lane
Blythewood, SC 29016
1. He was born in Campbell, Mo. on September 20, 1935. He is presently 58 years old.
Social Security Number: ***-**-****
5. He is married to Carmen P. Edwards. They were married April 30, 1982. He has three children:
Deborah Tunnell, age 39 - RN
Billie Sims, age 35 - Administration
Tom Edwards, age 37 - Automotive (self employed)
7. He attended Olivet Nazarene University 1954-1955, 1958-1961 -
AB. He also attended University of Michican.
8. He was appointed to the Planning and Zoning Committee in Bethany, Ok. in 1974-1978. He is presently serving on the Town of Blythwood Zoning Board. He was appointed in 1992.
9. He is a member of: Board of Evangelism SC Conference United Methodist; Council on Ministries SC Conference United Methodist; Member of trinity UMC in Blythwood; Advisory Committee Fairfield Electric Coop.; Round up Board Member Fairfield Electric Coop.; Medical Representatives of Columbia; Zoning Commission Town of Blythwood;
10. He was employed in 1993 for Whitehall Robins division of American Home Products (Advil - Robitussin - Dimetapp).
He worked for Bristo-Myers Squibb from 1965 until he retired in 1993.
21. Five (5) letters of recommendation: Don Alexander, MD (Cardiologist), Columbia, SC; John Bloodworth, Jr. (DHEC), Blythwood, SC; Bill Lackey, General Mgr. Hampton Pontiac -
Bruick - Jaguar, Columbia, SC; Bill Hart CEO, Fairfield Electric Coop, Winnsboro, SC; William A. Harwell, President, Bank of Ridgeway, Ridgeway, SC.
Q. Thank you. The -- your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative on Responses 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates negative on Items 13 through 20. And the only thing that is listed on your summary is that -- are you currently serving on the Town of Blythewood Zoning Board?
A. Yes, I am.
Q. And are -- would you be willing to resign from that Board if you win this seat on the Consumer Affairs Commission?
A. Yes.
Q. I've got a few more questions that I need to ask you that are really -- basically, are a review of all the information you've already sent to our office.
Mr. Edwards, do you or any members of your family own or operate any business which contracts with state or local -- state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of a state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in a capacity as a lobbyist principal?
A. No.
Q. Are there any reasons you may think of that -- why you may have difficulty performing the duties of this elected position?
A. I hope not, no.
Q. If you'd like to now, Mr. Edwards, you may briefly explain to the committee why you'd like to serve on the Consumer Affairs Commission.
A. Well, I've had an interest in doing something like this for a number of years, but I've worked and traveled a fair amount and wasn't able to do something, you know, like this because of attending the meetings, being out of town. And I retired last year from Bristol-Myers after 29 years and I'm working part time for another pharmaceutical company and I -- and I do have the opportunity now to do this and I've read with interest always about the Consumer Affairs Commission and I've always admired Steve Hamm and the work that's he's done.
And I've always had a soft spot, I guess, in my heart for people that -- that get -- I don't know the words to use exactly -- ripped off or cheated or -- and I thought this would be a good place to serve. And as I get a little older -- I've had some heart problems in the last two or three years -- as I get a little older, I think more in terms of serving and maybe that's a natural thing to do, but I'm looking for a place to serve is really what it amounts to. And I thought this would be a good opportunity when I noticed, you know, the opening in the newspaper.
That's -- I think -- being in business most of my life and I've called on most of the physicians in central South Carolina. I'm in most of the state in years past. I do have a good business sense, I believe, and I think the important thing would be, would be to be fair in a job like this for everyone. That's pretty much my thinking.
REPRESENTATIVE WHIPPER: Thank you. Any member of the committee? Mr. Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Edwards, you're on the Fairfield Electric Co-op Advisory committee?
A. Yes, sir.
Q. What's that do?
A. Well, it's primarily a board that -- an advisory panel set up to count the ballots. It's an annual thing. It's really just kind of a -- it's really nothing to --
Q. I don't know if you're a member of the Co-op board or --
A. No, I'm not a member of the Board of Trustees.
Q. Okay.
A. No.
Q. What's the Round-up Board?
A. That's a new thing that two or three of the Co-ops have done recently. We round our electric bills up to the next dollar and then it goes into a kitty for charity and like if a person's home is burned, we automatically give them $500.
We've purchased a safety nets for the like North Richland County, our service area, Fairfield County, the Sheriff's Department, Kershaw County and part of Lancaster County. That's one thing we've done.
In other words, it's a charitable thing that the Co-op has set up where we round our electric bills to the next dollars that people choose to do it. In other words, it's a voluntarily thing.
Q. Right.
A. And requests are made from all sorts of organizations, you know, as to whether they -- for the funding and then we either accept it or reject it. There was a committee appointed, I think there is like eight of us on that board and my terms expires -- I had a one-year appointment. Mine expires June or July of this year.
But what we do is -- well, I think it amounts to 15 or 20 thousand a month, but so far we haven't -- it's a rather new thing and we haven't totally dispensed each -- the monies we've drawn each, you know, month.
Q. Who is your House Member, do you know?
A. My House Member is John Scott.
Q. Scott. Who is your Senator?
A. Kay Patterson.
Q. Thank you, sir?
A. Pardon me.
Q. Thank you, sir.
REPRESENTATIVE BAILEY: That's all I have, Madam Chairman.
REPRESENTATIVE WHIPPER: Mr. McLeod.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. Mr. Edwards, how long have you been lived in South Carolina?
A. I've lived here about 15, 16 years.
Q. You were with the same company and just transferred here?
A. Bristol-Myers -- Yes, they transferred me as an oncology representative. I handled the cancer drugs back in '78,
'79 and '80 and then I became the district manager. I had North Carolina and South Carolina.
Q. And you moved to South Carolina?
A. Well, I was here with the oncology. They moved me here with the oncology drugs. Yes.
REPRESENTATIVE WHIPPER: Other questions? Senator.
EXAMINATION BY SENATOR REESE:
Q. From 1955 to 1958, what did you do? You have a gap there in your education. Were you in service or something?
A. '55 to '58, I dropped out of school, sir, and I got married, I had children and that's what I did and then I returned to college.
Q. Fell in love then?
A. And I was married for 26 years and then divorced. Again, I have married a gal that's been in South Carolina for a long time. I'm originally from Mississippi, however.
REPRESENTATIVE BAILEY: That's interesting.
A. That's worse.
REPRESENTATIVE BAILEY: No, no. Somebody asked Quayle the other day spell -- "Can you spell Mississippi?" He said, "The state or the river?" I better get off the record. No, no, there is nothing wrong with Mississippi.
A. I've lived across the road -- Mary Lourie just moved, but Mary Lourie for about nine years and then --
RE-EXAMINATION BY REPRESENTATIVE BAILEY:
Q. This has no bearing on this, but are your kids in South Carolina?
A. No, they're not. They're all in Oklahoma.
Q. I'm surprised how many we have nurses as we go through this. A lot of them -- people have kids nurses?
A. I do have a stepson here. I thought about this later that should have maybe been on the -- Steve Mounts. Steve lives off of Forest and he's a Spring Valley -- I mean, yeah, Spring Valley High School graduate, went to Carolina.
And then McCoy (phonetic), my stepdaughter, lives on the Isle of Palms and she's with B. Johnson Nutritional, a division of Bristol-Myers, so it covers the medical university. So two of them do live here, but they're stepchildren.
REPRESENTATIVE WHIPPER: Other questions?
SENATOR REESE: I've got one more.
RE-EXAMINATION BY SENATOR REESE:
Q. Are you a lay minister? I notice you've got a lot of --
A. Well, I've had -- that's been my real interest through most of my time. Probably if I had life to do all over, I would have gone to seminary, and I just -- that's always been my -- where I've spent my extra time.
In coming up for a job like this, I've -- I thought, you know, I've spent more of time in my church than I have in my political -- which I'm not so sure, that's maybe a good thing. But, however, I've enjoyed that and I'm on the Board of Evangelism for the general -- for the South Carolina conference for the United Methodist Church. I do take those lay speaking programs and I personally wouldn't mind filling in permanently at a small church in North Richland County or Fairfield County is what would be one of my dreams and not work this job I'm doing part time. You know, thinking of dreams.
I filled in at some churches like Zion United Methodist up at the edge of Blythewood. I have done that on occasion because the minister -- our minister only -- Bob Howell was only there once every, you know, month and I would fill in for him on occasion at that church.
Q. Where is Nazarene University located?
A. It's in Kankakee, Illinois. That's a -- the church I actually grew up in and around here they're not as strong, but there's a -- there is a considerable number. There's a good size one here in Columbia.
Q. That's a small college?
A. Yes, it's a church related college.
Q. Right. They have a basketball program up there?
A. Yes, they're very strong in the, you know, the -- it's the NAAIA, I believe, conference.
Q. NCCAA (phonetic)?
A. NC, okay.
Q. If I'm not mistaken, I've refereed several ball games that they've been involved in. As a matter of fact, I think they won the National Championship a few years ago, a game I was involved in. But I'm real familiar with a lot of those schools.
SENATOR REESE: That's all.
REPRESENTATIVE WHIPPER: Mr. Edwards, we remain open for the receipt of any additional information. We'd like for you to know that and we will go into executive session at the end of the interviews and you may want to remain to find out our decision as far as the approval of your candidacy.
A. All right. I thank you very much.
REPRESENTATIVE WHIPPER: Thank you. How are you, Mr. Johnson? We're happy to have you apply for this vacancy.
MR. JOHNSON: Thank you very much.
REPRESENTATIVE WHIPPER: We will begin by having you sworn in and then a few routine questions that we need to ask.
NED D. JOHNSON, having been duly sworn, testified as follows:
MR. JOHNSON - EXAMINATION BY MR. JOHNSON:
Q. Mr. Johnson, through this process with the different questionnaires that were sent out, Ms. Carleen McQueeney made a summary of all that information and sent it to you for your corrections, if any, and then you sent it back to this office. Do you affirm that the information on that summary is correct and would you agree to entering that into the record here today?
A. Yes, I do.
1. Ned D. Johnson
Home Address: Business Address:
1422 Baldwin Court Tilghman Ins. Agency, Inc.
Box 1319 P.O. Box 10
Little River, SC 29566 N. Myrtle Beach, SC 29582
2. He was born in Dayton, Ohio on 11/14/21. He is presently 72 years old. Social Security Number: ***-**-****.
5. He was married on 9/22/43 to Kathleen Driscoll. They have eight children:
James M. Johnson (47) New England General Manager Vending
Supply of America - Connecticut
Dale A. Morrissey (45) Teacher - Connecticut
Mark D. Johnson (43) School Principal - Vermont
Carol Johnson - Haywood (40) Teacher -New Hampshire
Philip A. Johnson (38) Purchasing Manager Stanadyne Corp.
Connecticut.
Amelia Johnson - Marsland (35) Homemaker - Massachusetts
Brian A. Johnson (29) Operations Department Vending Supply of
America - Colorado
Stephen M. Johnson (28) Management Search - Georgia
6. Military Service: 10/42 - 4/46 U.S. Army Air Corps Sergeant (Honorable Discharge).
7. He has a B A Degree from DePauw University. He attended the University 9/40 - 8/42; 6/45 - 6/47.
8. Public Service: Board of Adjustment - Chairperson, Stowe, Vermont 1977-1979 (Town Zoning and Appeals Board).
9. He has been or is a member of: Kiwanis Club; Rotary Club; Elks Club; Horry County Community Forum; Roman Catholic Church; Grand strand Citizens for Life; Phi Kappa Psi Fraternity; Junior Chamber of Commerce; Chamber of Commerce.
10. His professional experience includes:
General Electric Company 1947-1949
Smith - Ramsey Investment Banking 1949-1951
Travelers Insurance Company 1951-1973
Stowe Motel, owner/operator 1973-1980
Jackson Insurance Agency 1981-1985 (part time)
Tilghman, Insurance Agency 1985-Present (part time)
21. Five (5) letters of recommendation:
Douglas Shaffer, Allen Jeffcoat, Douglas Wendel, John Cote, James Hart.
Q. Thank you, sir. Your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negatives on responses for Items 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates negative on Items 13 through 20. And I just have a few questions that are very similar to the ones that you've already answered in the questionnaires.
A. Uh-huh.
Q. Mr. Johnson, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by a federal, state or other law enforcement authorities for violation of state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violations of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. Questioned once by the insurance department regarding a company I was doing business with, but no action was ever taken.
Q. All right, sir. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Can you think of any reason why you may have difficulty performing the duties of this elected position?
A. No.
Q. If you would like to now, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission?
A. I just have prepared a very brief statement, and saying that because of my extensive background in management, marketing and general business experience, I believe that I could be of value to the Consumer Affairs Commission.
I have a great deal of experience in problem solving. I've spent several years with two international corporations and have successfully owned and operated our own family business, a motel in a resort area in another state. I've been a consumer for 72 years. But I believe that I could also serve the people of South Carolina of all ages as an ombudsman for -- for them.
REPRESENTATIVE WHIPPER: Do we have any questions?
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. My colleagues tell me I was catnapping. I was not. I was just shutting my eyes as I was going through these eight kids --
REPRESENTATIVE MCLEOD: I have to wake him up --
Q. -- and thinking just how marvelous an individual you must be to have eight kids. We were talking about that prior to you coming in, Mr. Johnson. I have five, he has three and I guess it takes two of us to control, but I admire you with eight kids, I can tell you.
A. Our youngest is in --
REPRESENTATIVE WHIPPER: Don't ask him what his spouse does. George?
REPRESENTATIVE BAILEY: Um?
REPRESENTATIVE WHIPPER: Don't ask him what his spouse does.
REPRESENTATIVE BAILEY: I was not.
Q. Let me ask you something, how long have you been in our state?
A. 14 years. It'll be 14 years in August.
Q. And basically in the Grand Strand area?
A. Yes. Uh-huh.
Q. And you came from Ohio there?
A. I came from Vermont.
Q. Vermont?
A. Stowe, Vermont.
Q. Yes, I could see you've been in Vermont. You left some kids up there.
A. Yes, we still have some in Vermont, New Hampshire, Massachusetts and Connecticut and Atlanta and Colorado.
Q. I wish I could spread mine up. They all stay home. Do you know who your House member is here in Columbia?
A. Harold Worley.
Q. Mr. Worley. How about your senator?
A. Dick Elliott.
Q. I must say for 72, I hope I look like you when I'm 72. You look great, sir.
A. Thank you. Thank you. I'm very -- I do remain very active. I still play some tennis and try to play some golf and spend a lot of our time -- both my wife and I spend a lot of our time with younger friends.
Q. I notice you were active in the Jaycees, I guess. The Junior Chamber of Commerce, is that the Jaycees?
A. Uh-huh.
Q. Throughout many years?
A. Years and years and years. 36 years ago, I had to leave it.
Q. They threw you out, too?
A. Uh-huh.
REPRESENTATIVE WHIPPER: Other committee members? Yes.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. What type of insurance do you sell?
A. Just life and group insurance, a little bit of health insurance and some pension business. But now, I'm doing that just one day a week.
Q. You make enough money --
A. And I'm considering making a change in that. I'm primarily taking care of some old accounts and the agency I'm with treats me very well and it's very difficult to leave. They -- they treated me that well. They take good care of me.
REPRESENTATIVE WHIPPER: Yes, Senator.
EXAMINATION BY SENATOR REESE:
Q. In 1942 to '46, I noticed you were involved probably in the war. What role did you play?
A. I was in the Army Air Corps doing Air-Sea rescue work. I was in the Aviation Cadet program for a while and washed out when I ground up an airplane. I served principally in this country, a little bit of time in Hawaii and was on my way to Okinawa when the bombs were dropped and the war was over when I got to Okinawa.
Q. Turn around and come right back?
A. Well, no, I stayed there for about six months operating an Air-Sea rescue operation.
Q. And then you went back to school?
A. Then I went back to DePaul University in Indiana, that's correct.
Q. So you were married during the war?
A. Yes. We were married in 1943 out in California.
Q. What did you do when you went back to school? Did your wife have to work to support you or how did you all --
A. No. I had two jobs when I went back to school. We also had a child at midterms.
Q. So you --
A. Interestingly enough, I was taking a course on marriage and family and he gave me an A and I didn't have to take the exam because we had a child.
Q. So you had it pretty tough right after the war then?
A. Yeah, we did. We were -- you know, we were making $90 a month, but we also had university housing and the -- and the housing was inexpensive. We didn't mind that. It was two of the greatest years we've had.
Q. That's all the questions.
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. One of the questions that was asked I wonder if you can give us further information, and I believe it's the question pertaining to have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, or association or professional group. And I'm not sure about your response to that. Please explain --
A. I received a letter from the insurance commissioner, and this is probably, I'm guessing, 10 years ago when the company called Florida General was licensed to do business in the state of South Carolina. They ran into some serious difficulty earlier than a lot of other companies did and we were questioned as to our representation of that company at that time, but there was nothing on toward -- no license requested sent back or anything of that sort. Nothing more than an inquiry.
REPRESENTATIVE BAILEY: No suspension?
A. I'm sorry?
REPRESENTATIVE BAILEY: No suspension of the licensing?
A. No. No, none. Never. And I've been licensed in New York, Connecticut, Vermont, South Carolina, New Jersey.
Q. I notice that in your background, you have a successful business background mostly and on this commission, do you feel that you can be very fair in hearing and representing the consumer interest as well?
A. Very much so. I think probably with my experience, I -- maybe even more so, and that's one of the principal reasons I would like to serve on such a commission. I think I can do it very fairly.
REPRESENTATIVE WHIPPER: Do we have other --
A. I left -- I might add, that I left a large New England Protestant company in order to leave and go to Vermont and that was after I'd been told that I shouldn't hire anymore Catholics and I had adopted a biracial child that
-- that was not received terribly openly by a large New England domicile with a white Protestant company. So I don't think I'd have any problem being fair, no.
REPRESENTATIVE WHIPPER: Well, we certainly thank you for appearing and I would like to inform you that we remain open for any additional information. And after the interviews, we will be in Executive Session to make a decision on those persons who have been approved after the screening and if you care to wait for that --
A. All right.
REPRESENTATIVE WHIPPER: -- you may do so.
A. Thank you very much.
REPRESENTATIVE WHIPPER: Thank you.
A. Thank you all very much.
THE CHAIRMAN: Mr. Randolph, we're glad to have you with us today.
MR. RANDOLPH: Thank you very much. Glad to be here.
THE CHAIRMAN: We'll try to make this as easy as we can. We need to ask you a few questions and what we're going to do is put you under oath and our staff attorney, Mr. Johnson, here will question you on some basic matters. And then following that, some members of the committee may have some questions for you.
MR. RANDOLPH: Okay.
THE CHAIRMAN: We'll give you the opportunity to explain why you enjoy serving on the Consumer Affairs Commission and what you feel -- why you feel like you want to continue to do that. Once we're through, we will have an Executive Session after we've finished interviewing everybody and we would ask you to wait around because there maybe some question that would come up that we need to call you back in to clarify something at that time.
MR. RANDOLPH: Okay.
THE CHAIRMAN: Okay. Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
LONNIE RANDOLPH, JR., having been duly sworn, testified as follows:
MR. RANDOLPH - EXAMINATION BY MR. JOHNSON:
Q. Doctor Randolph, the information that you sent to our office, Ms. Carleen McQueeney compiled that into a summary. That was sent to you for your review and then you sent it back to us. Do you affirm that the information in that summary is correct and would you agree to entering that summary into the record here today?
A. Yes. Yes, I do.
1. Lonnie Randolph, Jr.
Home Address: Business Address:
P.O. Box 50351 2213 Hampton Street
Columbia, SC 29250 Columbia, SC 29204
2. He was born in Columbia, South Carolina, on June 3, 1950. He is presently 43 years old.
Social Security Number: ***-**-****
5. He was married to Patricia Reuben Randolph on June 16, 1973.
7. He received a (B.S. Biology) from Benedict College in 1972. He attended Southern College of Optometry, (Doctor of Optometry), 1977.
8. He has served as a commissioner on the SC Department of Consumer Affairs Commission since May 1979.
9. Dr. Randolph has been active in the United Black Fund of the Midlands, serving as Chairman and has served on the Board of advisors of the Sickle Cell Anemia Foundation. He serves as President of the Midlands Optometric Society, Chairman of the South Carolina Optometric Association's Public Relations Committee, and is a recipient of the South Carolina Optometric Association's Outstanding Service Award. After serving on the Association's Executive Committee he rose to President of the Association, the first African American to so serve.
11. He serves as the Optometrist for the South Carolina Department of Corrections.
21. Five (5) letters of recommendation: William C. B. Payne, Jr., Rev. Arnold Williams, Gladys B. Goforth, Willie S. Minor, Jr., Sr., Joseph McCulloch.
Q. Doctor Randolph, your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative for responses Items 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates negative on Items 13 through 20, with the exception that you have listed that you're an optometrist for the South Carolina Department of Corrections. And I just have a few questions to ask you that are basically a review of the questions that you answered in those two questionnaires.
Doctor Randolph, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. I'm an optometrist for the Department of Corrections and that's the only -- I'm a contract person. No one else in my family does.
Q. Do you receive any funding from the Consumer Affairs Commission?
A. No, I don't.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for the violation of state, federal or local law?
A. No, I haven't.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No, I haven't.
Q. Have you been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No, I haven't.
Q. Are you now or have you ever been employed as a lobbyist or acted in a capacity as a lobbyist principal?
A. No, I haven't.
Q. Are there any reasons why you may have difficulty performing the duties of this elected position?
A. I can't think of any.
Q. If you would like to, you may now briefly explain to the committee why you would like to continue to serve on the Consumer Affairs Commission.
A. Well, first of all, I've served since 1979, and I have taken this position very seriously and not the once per month position, I should say. I have used it to -- community-wise to educate persons who are not aware of the Department of Consumer Affairs and what the agency does and stands for.
And I have stayed there long enough to where I have developed some seniority. I presently serve as vice chairman of the commission. As I said, I've been there since '79, this May is -- makes 15 years, and I feel that I add some maturity and stability to the agency and to the commission.
We do have a large number of what I consider to be relatively young -- new people serving on the commission. Lehman Moseley from Greenville is the chairman and I think he has one or two years more in seniority than I do. But if I had to put any one thing on it, is that the persons that I've been able to reach since serving who have not used that agency and were not aware of what the Department of Consumer Affairs does, and as I've said, I've taken my service very seriously.
In the 15 years that I have served, I have missed one and a half meetings 15 years, just to show what I consider to be some interest or great interest that I have in the agency.
MR. JOHNSON: That's all I have, Mr. Chairman.
THE CHAIRMAN: Members of the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. The -- and this is in no way a derogatory remark, but the man who just left out of here had eight kids. I see you don't have any kids.
A. I have no children.
Q. You lucky thing.
A. I have -- I love children. I do have 17 godchildren I feel very close to, but I have none of my own.
REPRESENTATIVE BAILEY: I told you there were other people our age who didn't have no kids.
REPRESENTATIVE MCLEOD: He's my age, not our age.
REPRESENTATIVE BAILEY: Mr. Chairman, I really -- I don't have any questions. I'm very familiar with Mr. Randolph.
THE CHAIRMAN: Any other members of the committee have any questions?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Randolph, let me just ask you, since you have been serving on the commission for so long, how do you feel the commission is working now, how effective do you think that it is?
A. The commission is doing a great job now. We did have a problem some years ago with attendance. We altered the time. We held meetings when I first came on it back in 1979 at 10:30 in the morning and a large number of the commission members said that that destroyed their day, so we changed the meetings to 3:00 o'clock in the afternoon. And we still don't have perfect attendance at every meeting, but we do have a much better attendance rate now than what we've had in the past and I think they're doing a super job in overseeing the agency and it helps to have someone -- to have had someone like Steve Hamm running the agency because he did a splendid job during his stay.
Q. So you're saying the agency itself is working well also? You think it's doing its job?
A. The agency -- the commission accentuates the agency. They help each other and I think having a strong commission makes the agency strong also.
Q. Any concerns that you have, any problems that you see with the agency or the commission in any way as it relates that the legislature can improve the way that it operates, the way that it handles the public problems?
A. Well, the only concern I've always had, I think most state employees, contrary to what you may hear or see in the paper, are great and good employees.
The only concern I have particularly with the commission as this is, that does not pay, is to put people there who are really interested in doing what they are supposed to be doing and not there just to what I call balloon their resumes or make their resumes look good.
If you're there to serve the public, then you should have public servants there. And I think whatever it takes -- I don't know the answer, but whatever it takes to get people who are really interested in doing what they're asked to do on those commissions, I think would go a long way.
THE CHAIRMAN: Representative Whipper.
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. Do you have regularly scheduled meetings?
A. Yes, ma'am. We meet every --
Q. How often do you meet?
A. Every second Tuesday. And that's why I stressed -- I don't want to sound like I'm bragging, but that's why I stress -- I don't know whether you were here, that in the 15 years that I've served, I've missed one and a half meetings.
Q. That's excellent.
A. The half meeting that I missed I had the flu and we had a very serious issue and I left my bed to go vote and went back home and got in my bed, so I credited myself with half a meeting, but we meet every second Tuesday at 3:00 o'clock at the McCrory Sumwalt Building over on Devine Street.
Q. Well, I'm sure we're most appreciative of your service --
A. Well, I appreciate the opportunity to serve. I have enjoyed it. And it has been an experience for me both from a service standpoint of view as well as a learning standpoint point of view. I've learned a lot.
THE CHAIRMAN: Any other questions from the committee? If not, Mr. Randolph, we appreciate you coming. If you would wait around in case we do have some other questions.
Q. Okay. Thank you very much.
THE CHAIRMAN: Thank you, sir. Mr. Timms, how are you doing?
MR. TIMMS: Fine, sir.
THE CHAIRMAN: Have a seat and make yourself comfortable.
MR. TIMMS: Thank you.
THE CHAIRMAN: Mr. Timms, we appreciate you being here. This will be fairly brief. We do need to ask you some questions, so that we can have some basis to make our decision and what we're going to do is put you under oath to begin with and our staff attorney, Mr. Johnson, here, will ask you some basic questions.
Once he is finished, members of the committee may have some questions for you also and we'd certainly give you the opportunity to say anything that you want to say about why you want to serve and what you believe in your experience and background is that qualifies you. So at this time, I'll recognize Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
JOSEPH E. TIMMS, JR., having been duly sworn, testified as follows:
MR. TIMMS - EXAMINATION BY MR. JOHNSON:
Q. Mr. Timms, the -- in compiling the information from the questionnaires that you filled out for this position, Ms. Carleen McQueeney sent you a summary of all that information for you to review and then make any changes and sent back --
A. Uh-huh.
Q. -- to this office.
A. Yes.
Q. Do you affirm that the information in that summary is correct and would you agree to entering that summary into the record here today?
A. Yes.
1. Joe E. Timms, Jr.
Home Address: Business Address:
116 Windmeadow Dr. 3027 Highway 701 N,
Conway, SC 29526 Conway, SC 29526
2. He was born in Conway, SC on November 1, 1954. He is presently 39 years old. Social Security Number: ***-**-****.
5. He was married on July 2, 1977 to Mary Deborah Hayes. They have one child, Joseph Timms, III who is 9 years old.
7. He went to Conway High School and received a B.S. degree from the University of South Carolina in 1976.
9. He has been or is a member of: Waccamaw Sentoma Club; Former President Monument Builders of Carolinas; Choir Director - Jamestown Baptist Church.
10. His professional experience includes:
1977 - Greenville Schools
1977-1979 - Kingport City Schools
1979-1984 - Tri City Bank and Trust Co. - Loan Officer 1984-Present Coastal Monument Company.
21. Five (5) letters of recommendation:
Jerry Jeneratte, David Nye, Douglas Newton, Jennings Duncan, Lois Eargle.
Q. Thank you, sir. Your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative responses on Items 11 through 20, except that you've listed under Number 13, I believe, you have -- you're a co-owner Coastal Monument Company?
A. That's correct.
Q. And then under Item 17 regarding court actions, you listed a court -- a Magistrate's court case concerning Coastal Monument Company and I believe you listed also that the Magistrate found in favor of the company; is that correct?
A. That's correct.
Q. Your State Ethics Commission statement of Economic Interest indicates negative on Items 13 through 20. And now I'll just have a few questions to ask you that are basically similar to the questions that you've already answered in the two questionnaires that you filled out.
Mr. Timms, do you or any member of your family own or operate business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs commission?
A. No.
Q. Have you ever been arrested, charged or held by the federal, state or other law enforcement authorities for the violation of state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. Not to my knowledge.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No. May I ask a question first?
Q. Yes, sir.
A. Define lobbyist principal.
Q. You pay for a lobbyist to lobby interests that you may have.
A. I did pay a lobbyist to -- several years ago in a cemetery bill as part of my association that I was a member of, Monument Builders of the Carolinas. We did pay a lobbyist to keep up with the cemetery law.
Q. All right, sir.
A. My company did pay, partially pay, along with several other companies in our association.
Q. Are there any reasons that you can think of why you may have difficulty performing the duties of this elected position?
A. No.
Q. Now, if you'd like to, you may briefly explain why you want to serve on the Consumer Affairs Commission to the committee.
A. Well, I believe that I would be a good candidate for this
-- for this commission. I have a wide background. I own my own business. I deal with the public every day. I'm in the monument business on a full-time basis, a family business. Been in business for 46 years. My father started this company and I've continued on.
I also have been -- worked at a bank for five years and dealt with the public for quite a few years. I was also a teacher and dealt with education and -- and parents and so I've had a wide variety and I think it would be -- that I would be a good candidate for this position.
THE CHAIRMAN: Okay, members of the committee, questions?
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. This has absolutely nothing to do with your application. George, I will follow in your footstep. I notice you're a choir director?
A. That's correct.
Q. Is your degree in Music?
A. That's correct. I have a degree in Music from South Carolina. That's correct.
Q. That's a side interest of mine, so I just wanted to ask you about that.
A. Thank you. I have -- I've been doing that for nine and a half years and I taught public school music in Tennessee and in Greenville County. Unfortunately, teaching wasn't for me as a lot of people have gotten out of it after a short time, but I kept my music up by directing my church choir and I enjoy that.
And that's one of the reasons that -- that I decided to put my application in, a lot of the choir members and members of my church, too, that are consumers have expressed problems in things that they've had and they read it in the paper and asked me, you know, why don't I put in an application and I said okay.
THE CHAIRMAN: Any other questions by the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Who is your House member over there in Conway?
A. Morgan Martin.
Q. Morgan. Who is your senator?
A. Elliott, I believe. I believe that's right.
Q. That boy jumps all the way over there to Conway?
A. Yeah, I'm right there -- I'm right there at the line. That's what it was when I went to vote anyway. So who knows what it's going to be later on this year, right?
Q. Right. We don't.
REPRESENTATIVE WHIPPER: You can say that again.
REPRESENTATIVE BAILEY: That's all, Mr. Chairman.
THE CHAIRMAN: Senator from Spartanburg.
EXAMINATION BY SENATOR REESE:
Q. The bill y'all were lobbying for a few years ago, what was that? Do you remember?
A. That was a cemetery bill.
Q. About what in particular?
A. Dealing with perpetual care cemeteries, which I believe was vetoed by the governor after it got passed. Is that correct?
REPRESENTATIVE BAILEY: You're right.
REPRESENTATIVE MCLEOD: But you were lobbying for it?
A. Yes, sir. For parts of it, yes, sir.
THE CHAIRMAN: Any other questions?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Timms, you may have approached this a little bit, but what do you see is your role as a member of the Consumer Affairs Commission?
A. Say that again.
Q. What do you see your role being as a member of the Consumer Affairs Commission? If you're successful in this, what purpose do you serve there?
A. I believe that would be in -- as a advisory capacity and also in helping make some of the decisions to help the consumers of this state, to advise some of the staff on procedures and how they should go about.
That's not necessarily to say that I would have all the answers, I know that I certainly wouldn't. That would be from a wide variety of backgrounds and different people that they would get the answers from, but I think that that would be primarily my role, as an advisory capacity.
Q. What do you see as being the function of the Consumer Affairs Commission or the agency, what does it do for the public?
A. Well, from the best of my knowledge, I believe they -- they are responsible for hiring the Consumer Advocate and some of the administrators. Also, they make some of the final decisions on -- on how the department is run and other items like that.
Q. The agency, itself, though, what does it do for the public?
A. The agency is a watchdog agency which protects the public of South Carolina and investigates where consumers have problems with companies and if they're being taken advantage of and so forth like that.
THE CHAIRMAN: Any other questions? Okay. Thank you, Mr. Timms. We're going to meet in Executive Session for a few minutes. And if you would wait around, we may need to ask you some other questions to clarify some issue or something.
A. Thank you, sir.
THE CHAIRMAN: Thank you very much.
(Executive Session)
THE CHAIRMAN: Okay, we're out of Executive Session at this time. We would like to tell each of you that we have been very impressed overall with the qualifications and we have not had a chance to review the credit report. We've just received those and we don't anticipate any problems with those, but we just have not had the opportunity to see it, so we'll leave the record open.
Representative Bailey has made a motion that everyone be found qualified with the record being open right now until we do have a chance to look those over. If we did see a problem, we'd ask you confidentially to come back and review those with us if there were questions about it.
We want to -- and I guess we need to make that formally a motion. All in favor of that, then would be aye. Any opposed, no. The ayes have it.
In the meantime what we're going to try to do is get this out as quickly as we can. The court reporter has to type all this testimony up from today and that's going to take some time. Once we received that, then the report has to be done.
I'm sure that you know that you cannot solicit any votes or ask anyone to solicit votes for you until the report is filed and we will make every effort to get that out as soon as we can. And let everybody know at exactly the same time, so there would be no unfair advantage and so forth and try to give you about two weeks before the election which I think is on the 25th.
Anybody have any questions?
MR. LEWIS: I wanted to find out who my representative is.
REPRESENTATIVE BAILEY: I'm going to call and let you know.
THE CHAIRMAN: I was very dismayed to know that most of you knew who your House member was, but a few of you knew who the senator was, and even those that thought they did told us senators that no longer serve in the Senate as their senators, so I --
MR. LEWIS: I thought I was the only one then.
THE CHAIRMAN: That's it. We appreciate your time and forbearance and you've been very cooperative and we'll get this out and let you know just as soon as we can next week and you can hit the road running and try to get your support. Thank you very much.
REPRESENTATIVE BAILEY: Mr. Chairman, I make a motion to be adjourned.
THE CHAIRMAN: So moved.
(There being nothing further, the proceedings concluded at 4:30 p.m.)
Summary
The following persons were unanimously found qualified:
First vacancy with term to expire in 1997
Doris M. Bradberry
Robin Lewis Kinard
Robert Joe Leopord
John E. Lewis
Ronald G. Skipper
Second vacancy with term to expire in 1996
David L. Churchill
James Lee Edwards
Ned D. Johnson
Lonnie Randolph, Jr.
Joseph E. Timms, Jr.
Respectfully submitted,
/s/C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. Lucille Whipper
/s/Rep. E.B. McLeod
/s/Rep. George Bailey
/s/Rep. Harry Cato
Rep. G. BROWN moved that when the House adjourns, it adjourn in memory of Charles Alexander Harvin, Jr., father of our colleague, C. Alex Harvin, III, which was agreed to.
The following was received.
Columbia, S.C., May 11, 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. 920:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 4974 -- Reps. Boan and Hodges: A JOINT RESOLUTION PROVIDING THE USE OF FUNDS AND MAKING APPROPRIATIONS FROM PRUDENTIAL BACHE SETTLEMENT REVENUES.
The Senate amendments were agreed to, and the Joint Resolution 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.
The Senate returned to the House with amendments the following:
H. 4919 -- Reps. T.C. Alexander and Graham: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
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. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5198 -- Reps. Koon, McCraw, McAbee, Cromer, Sturkie, Fulmer, Whipper, Byrd, J. Bailey, Holt, J. Brown and Harrell: A CONCURRENT RESOLUTION FORMALLY REQUESTING THE UNIVERSITY OF SOUTH CAROLINA TO ALLOW THE COLLEGE OF CRIMINAL JUSTICE AT THE UNIVERSITY TO REMAIN A COLLEGE RATHER THAN BE RENAMED THE "SCHOOL OF CRIMINAL JUSTICE" AND PLACED UNDER THE COLLEGE OF HUMANITIES.
Ordered for consideration tomorrow.
The following was introduced:
H. 5206 -- Rep. Jennings: A HOUSE RESOLUTION TO CONGRATULATE JENNINGS K. OWENS, JR., M.D., OF BENNETTSVILLE, SOUTH CAROLINA, FOR RECEIVING THE PRESTIGIOUS ORDER OF THE PALMETTO AWARD.
The Resolution was adopted.
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. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harrelson Harris, J. Harrison Harwell Hines Hodges Holt Houck Huff Hutson Inabinett Jennings Keegan Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Littlejohn Marchbanks Martin McAbee McCraw McKay McMahand McTeer Meacham Neilson Phillips Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, May 11.
Mark Kelley James N. Law Alfred B. Robinson, Jr. Juanita M. White Richard M. Quinn, Jr. Dave C. Waldrop, Jr. Donald W. "Don" Beatty Terry E. Haskins Joseph H. Neal Roland S. Corning Michael L. Fair F.G. "Greg" Delleney, Jr. Alma W. Byrd June S. Shissias C. Lenoir Sturkie J. Gary Simrill David A. Wright Jerry N. Govan, Jr. G. Ralph Davenport, Jr. James G. Mattos E.B. McLeod, Jr. Larry L. Elliott John G. Felder Dell Baker Michael F. Jaskwhich Bessie Moody-Lawrence Joseph T. McElveen, Jr. C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. P. HARRIS a leave of absence for today and tomorrow.
The SPEAKER granted Rep. FELDER a temporary leave of absence.
Rep. FAIR signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 3.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 5.
Announcement was made that Dr. Stephen Grant of Aiken is the Doctor of the Day for the General Assembly.
The following was received.
Columbia, S.C., May 11, 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. 434, S. 1347 by a vote of 45 to 0.
(R434) S. 1347 -- Senator Peeler: AN ACT TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.
Very respectfully,
President
The following was received.
May 10, 1994
Mr. Speaker and Members of the House:
I am hereby returning without my signature S. 1347, R-434, an Act:
TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.
This veto is based upon my belief that S. 1347, R-434 is an unconstitutional enactment.
Though well-intentioned as it might be, S. 1347, R-434 suffers from at least one constitutional infirmity. It is an example of specific legislation that has been enacted to address circumstances that could also have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34(IX).
S. 1347, R-434 provides enabling legislation for the Cherokee County School District I, yet there are many other school districts in this State that face the same fiscal demands and constraints. If I sign S. 1347, R-434 into law, then other school districts will immediately seek similar legislation. Thus the legislature will soon be faced with the choice of either "generalizing" S. 1347, R-434 by amendment, or adopting similar enabling legislation for all school districts that seek it. This very practical problem raised by S. 1347, R-434 demonstrates the policy basis for Art. III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of S. 1347, R-434 renders the Act unconstitutional. In support of my legal conclusion, I refer the Senate to the decision of the South Carolina Supreme Court in Horry County v. Horry County Higher Education Commission, 306 S.C. 416, 412 S.E.2d 421 (1991).
Because I believe S. 1347, R-434 is an unconstitutional enactment that will create unnecessary problems for the legislature, the various school boards of the State, and other interested parties, I am returning this Act to you without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Littlejohn McCraw Phillips
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.
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.
Rep. BOAN explained the Bill.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that H. 5205 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. BOAN having the floor.
S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 10, by the Committee on Ways and Means.
Rep. BOAN continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 5086 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO MUST BE ADMITTED TO RECEIVE SERVICES FROM THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS
Rep. D. SMITH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16251AC.94), which was adopted.
Amend the bill, as and if amended, by deleting on page 1, line 26 /shall must/ and inserting /shall/.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5899HTC.94).
Amend the joint resolution, as and if amended, by striking Section 1 as contained in SECTION 1, beginning on page 2, and inserting:
/Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit the manufacture and, sale, and retail, and consumption of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture and, sell, and retail alcoholic liquors or beverages within the State under such rules and restrictions as it deems considers proper; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, county and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient. Provided, that no license shall be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further, that The General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same alcoholic liquors or beverages.
Provided, further, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide./
Amend further, SECTION 2, by striking the question and inserting:
/Must Section 1, Article VIII-A of the Constitution of this State be amended so as to delete the detailed requirements for the General Assembly to regulate the manufacture, sale, retail, and consumption of alcoholic liquors and beverages including minibottles and authorize the General Assembly to regulate their consumption and to maintain the prohibition on delegating to municipalities the power to issue liquor licenses?/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Reps. TUCKER, KIRSH, CORNING, CROMER, MEACHAM, CATO, CHAMBLEE, ANDERSON, SHARPE and WORLEY objected to the Joint Resolution.
The SPEAKER granted Rep. STURKIE a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 10, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Rep. J. BAILEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7870BDW.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-120(A)(6)(c) of the 1976 Code, as last amended by Act 383 of 1992, is further amended to read:
"(c) fox: year round but no weapons may be used January second through August fifteenth through March fifteenth. Notwithstanding the provisions of this section, it is unlawful to hunt foxes, with or without firearms, in Game Zone 6 between March fifteenth and August fifteenth. However, There is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility;"
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Reps. R. YOUNG and HASKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\7896BDW.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _. Section 47-5-50 of the 1976 Code is amended to read:
"Section 47-5-50. No carnivores, which are normally are not domesticated, may be sold as a pet in this State. Such The carnivores shall include animals known to be reservoirs of rabies, such as raccoons, foxes, skunks, and bobcats and such related species, including, but not limited to, coyotes, wolves, weasels, ferrets, civet cats, spotted skunks, or and lynx. Any such An animal provided for in this section and kept by an individual shall must not be allowed to run at large and then be returned to confinement. A normally wild animal indigenous to this State may, if held captive for a period of time, may be released to the wild. This section does not apply to ferrets."/
Renumber sections to conform.
Amend title to conform.
Rep. R. YOUNG explained the amendment.
Rep. RISER raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
Rep. R. YOUNG argued contra the Point.
The SPEAKER stated that the Bill dealt with the regulation of hunting and the amendment dealt with commerce and sales and he sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
Rep. KIRSH moved to adjourn debate upon the Bill until Thursday, May 12.
Rep. BAXLEY moved to table the motion, which was agreed to by a division vote of 18 to 16.
Debate was resumed on Amendment No. 3, which was proposed on Tuesday, May 10, by Rep. FELDER.
Rep. BAXLEY moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 155 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16072AC.94).
Amend the bill, as and if amended, by striking all ater the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Drug Impaired Infants Act".
SECTION 2. It is the policy of this State that:
(1) Programs and policies to address the use of alcohol or other drugs during pregnancy should concentrate on measures that improve the individual's ability to act responsibly. Punitive or coercive measures should be used only as a last resort.
(2) Prenatal harm can be caused by exposure to various drugs, including alcohol, and is often a result of multiple exposures as well as other influences, such as poor maternal health, malnutrition, and lack of prenatal care. The most effective way to prevent this harm is to improve the overall well-being and the self-esteem of women. Efforts to prevent prenatal harm should utilize innovative strategies aimed at the broad range of factors contributing to harm associated with prenatal substance abuse. New models of service delivery should be developed to increase the utilization of available services, using outreach and community-based services as means for identifying and serving the target population.
(3) The use of alcohol and other drugs by women places them at risk for the development of numerous physical and psychological problems. Women whose physical or psychological health is compromised have diminished capacity to care for themselves and their families as well as to participate meaningfully in the community in which they live. Alcohol and other drug abuse isolates women from the institutions of society which support the building and maintenance of self-respect and healthy relationships. Progress and policies of the State and its subdivisions should seek to promote health-enhancing behaviors in women and to develop treatment programs which improve the capacity of women to function fully within their communities.
(4) Prevention, education, counseling, and support services for alcohol and other drug abuse, which reflect the unique needs of pregnant women, should be accessible and available to these women. Public and private funds and resources should be identified to implement model intervention programs. Providers of alcohol or drug treatment services must not discriminate against pregnant women or women of childbearing age in providing these services. Pregnant women should be given priority access to treatment services for alcohol or drug dependency.
(5) Adequate prenatal care, through the public and private sectors, should be available and accessible for every pregnant woman. In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship must be protected.
(6) All men and women of childbearing age should be educated about the physical, emotional, and medical effects of alcohol and other drug use during pregnancy. Appropriate educational materials and programs should be developed for use in schools. Educational efforts should emphasize prevention.
(7) All agencies with functions related to use of alcohol or other drugs by pregnant women, including health, social services, corrections, and law enforcement agencies, shall develop plans and interagency policies for coordination of services and resources. These plans and policies should provide for a continuum of services to prevent harm caused by prenatal exposure to alcohol or other drugs. They should include innovative strategies that take into consideration social conditions likely to affect the success of prevention or treatment initiatives, including housing, child care, transportation, and job training specific to women's needs.
(8) Health, social services, and educational agencies shall develop plans and interagency policies for coordination of services and resources to meet the special needs of children who have been harmed by prenatal exposure to alcohol and other drugs.
SECTION 3. Title 44 of the 1976 Code is amended by adding:
Section 44-54-10. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the prenatal effects of smoking cigarettes, the use of alcohol, and the use of a controlled substance as defined in Section 44-53-110, as well as other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide the required counseling. A statement evidencing that this counseling has been provided and signed by the patient or by the person giving this counseling must be maintained as part of that patient's medical records.
Section 44-54-20. The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide educational programs and materials to physicians who provide obstetrical or gynecological care, to other health care providers who provide services for pregnant women, to hospitals, and to other appropriate persons and entities. This information must include, but is not limited to:
(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;
(3) what services are available for addicted or substance-abusing women and their families;
(4) the harm done to fetuses from drug use by the mother; and
(5) the law relating to drug use during pregnancy-including the provisions of this chapter.
Section 44-54-30. The Department of Alcohol and Other Drug Abuse Services shall establish and maintain a toll-free information line to provide information on resources for substance abuse and to assist with referral for substance-abusing pregnant women.
SECTION 4. Section 44-49-40(c) of the 1976 Code is amended by adding:
"(11) Coordinate these matters relating to prenatal substance abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policymakers and other relevant professionals;
(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."
SECTION 5. Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:
"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."
SECTION 6. Section 59-32-30(A) of the 1976 Code is amended by adding at the end:
"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."
SECTION 7. Chapter 13, Title 61 of the 1976 Code is amended by adding:
"Section 61-13-890. (A) Every person engaged in the business of selling at retail beer, wine, or liquor may post in every location for which the person has obtained a license or permit a sign with the following words printed thereon:
(B) The sign required by this section must be no smaller than six inches high by twelve inches wide, with print no smaller than one-half inch bold print in clear, readable letters. The number for the South Carolina Commission on Alcohol and Drug Abuse's toll free information line may be handwritten on the line following 'CALL'. The Alcoholic Beverage Control Commission shall prescribe by regulation the location of the sign in a conspicuous place on the seller's premises."
SECTION 8. The Department of Alcohol and Other Drug Abuse Services shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 4 of this act.
SECTION 9. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MATTOS explained the amendment.
Rep. WHIPPER objected to the Bill.
Rep. MATTOS continued speaking.
Reps. NEAL, SCOTT, BREELAND and INABINETT objected to the Bill.
The SPEAKER granted Rep. LAW a leave of absence for the remainder of the week.
The following Bill was taken up.
S. 178 -- Senator Drummond: A BILL TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE BUDGET AND CONTROL BOARD APPROVES THE ISSUANCE OF REVENUE BONDS FOR VARIOUS PURPOSES, SO AS TO CHANGE THE PROCEDURE FOR THE ISSUANCE OF THESE BONDS.
Rep. BOAN explained the Bill and moved to adjourn debate upon the Bill until Thursday, May 12, which was adopted.
The following Bill was taken up.
H. 5031 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5913HTC.94).
Amend the bill, as and if amended, by striking subsections (A) and (B) of Section 9-1-110, as contained in SECTION 1, page 1, and inserting:
/(A). Notwithstanding any other provision of this title, no state officer or employee convicted after June 30, 1994, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any pension otherwise due the officer or employee from any of the state retirement systems. This ineligibility similarly applies to a pension which would otherwise be due the officer's or employee's surviving spouse or other beneficiary.
(B) When payment of a pension is denied under this section, the amounts actually contributed or deposited by the individual plus interest, less amounts previously refunded or paid as a pension must be refunded on an appropriate application therefor. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system./
Amend title to conform.
Rep. KIRSH explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. KIRSH having the floor.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.
Rep. ROBINSON withdrew his objection to the following Bill.
H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.
Rep. D. SMITH withdrew his objection to H. 4313 however, other objections remained upon the Bill.
Reps. MARCHBANKS, ALLISON and WALKER withdrew their objections to the following Bill.
H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.
Rep. DAVENPORT withdrew his objection to H. 4313 however, other objections remained upon the Bill.
The motion of Rep. CORNING to reconsider the vote whereby the following Bill was tabled was taken up and agreed to.
H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.
The motion of Rep. SIMRILL to reconsider the vote whereby the following Bill was tabled was taken up and agreed to.
H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.
The motion of Rep. SPEARMAN to reconsider the vote whereby the following Bill was continued was taken up and agreed to.
H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.
The motion of Rep. BAXLEY to reconsider the vote whereby the following Bill was continued was taken up and agreed to.
H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.
The motion of Rep. HASKINS to reconsider the vote whereby the following Bill was continued was taken up and agreed to.
H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.
The motion of Rep. HASKINS to reconsider the vote whereby the following Joint Resolution was continued was taken up and agreed to.
H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: 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.
Rep. GONZALES moved to reconsider the vote whereby debate was adjourned on the following Bill until May 17, which was agreed to.
S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.
Rep. HASKINS moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill until May 17, which was agreed to.
S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.
Rep. FARR moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill until May 17, which was agreed to.
H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.
Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill until May 17, which was agreed to.
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Rep. GONZALES moved to reconsider the vote whereby debate was adjourned on the motion to reconsider, which was agreed to.
H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.
Rep. GONZALES moved to reconsider the vote whereby debate was adjourned on the Senate amendments until May 17, which was agreed to.
On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 849 -- Senators Greg Smith, Rankin and Washington: A BILL TO AMEND SECTION 56-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM VEHICLE REGISTRATION REQUIREMENTS, SO AS TO PROVIDE THAT VEHICLES OWNED BY NONRESIDENTS MAY BE OPERATED FOR A MAXIMUM OF ONE HUNDRED EIGHTY-THREE DAYS WITHIN THIS STATE BEFORE THE NONRESIDENT OWNER MUST REGISTER SUCH VEHICLE.
On motion of Rep. RICHARDSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.
Rep. J. BROWN asked unanimous consent to recall H. 4533 from the Committee on Judiciary.
Rep. MARCHBANKS objected.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.
Rep. McABEE asked unanimous consent to recall S. 1077 from the Committee on Ways and Means.
Rep. BEATTY objected.
Rep. JENNINGS asked unanimous consent to recall S. 1040 from the Committee on Judiciary.
Rep. BEATTY objected.
Rep. HARRISON asked unanimous consent to recall S. 1312 from the Committee on Judiciary.
Rep. BEATTY objected.
Rep. KIRSH asked unanimous consent to recall S. 1284 from the Committee on Ways and Means.
Rep. BEATTY objected.
Rep. CLYBORNE moved that upon completion of the Joint Assembly, the House stand in recess for 1 hour and 30 minutes, which was agreed to by a division vote of 70 to 12.
The Senate amendments to the following Bill were taken up for consideration.
H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.
Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\16096AC.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. (A) There is created an advisory committee on family violence to the Joint Legislative Committee on Children and Families. The seven member advisory committee is comprised of the following members who must be appointed by the chairman of the Joint Legislative Committee on Children and Families:
(1) one representative from the South Carolina Coalition Against Domestic Violence and Sexual Assault;
(2) a family court judge;
(3) a magistrate;
(4) a representative from law enforcement;
(5) a representative from the University of South Carolina's Center on Family and Society;
(6) a representative from the field of public health; and
(7) a representative from a batterer's program.
(B) Organizations specified as members of the advisory committee may submit a list of nominees from their respective organizations from which the chairman may select an appointee.
(C) At its first meeting, the advisory committee shall elect a chairman from among its members.
(D) Vacancies occurring on the advisory committee must be filled in the same manner as the original appointment.
SECTION ____. The advisory committee shall:
(1) examine and study the problem of family violence in this State;
(2) develop a long-term plan for comprehensive intervention services in this State by January 1, 1995;
(3) recommend statutory changes to improve and strengthen the state's statutes on family and domestic violence;
(4) recommend programs and policies as it considers appropriate to address and eliminate the problems associated with family violence;
(5) conduct surveys and research as may be necessary.
SECTION ____. (A) The advisory committee may request information and assistance from an officer or agency of the State or a subdivision. Upon request the officer or agency shall provide the advisory committee all relevant information and reasonable assistance on matters of research within their knowledge and control.
(B) The expenses, resources, and staffing of the advisory committee must be shared by the membership of the advisory committee and there may be no new appropriated state funds for use by the advisory committee.
(C) The members of the advisory committee shall serve without compensation, per diem, subsistence, or mileage reimbursement.
(D) The advisory committee formally shall report its findings and recommendations to the Joint Legislative Committee on Children and Families at least once during the legislative session at a full meeting of the joint committee.
(E) The advisory committee terminates July 1, 1997, unless the General Assembly by joint resolution continues the advisory committee for a specified period of time./
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. BAXLEY proposed the following Amendment No. 4, which was tabled.
Delete 16-3-1540.
Rep. BAXLEY explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.
Rep. HODGES explained the Senate amendment.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.
Rep. HODGES explained the Senate amendment.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.
Rep. GONZALES proposed the following Amendment No. 3, which was adopted.
Amend the bill, as amended by the Senate by inserting on page 1, line 26, after the words /welcome sign/ the following:
/ or other providing directions to a public facility or event/
Amend title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
Rep. HARRELSON proposed the following Amendment No. 5, which was adopted.
Amend the bill, as amended, in Section 1, line 27 by striking the word "or" and inserting a comma and after the word municipality inserting the words "or organized church."
Amend title to conform.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.
Reps. PHILLIPS and HARRISON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9124BDW.94), which was tabled.
Amend the bill, as and if amended, by striking Section 56-5-1535(C)(1), page 1, beginning on line 40, and inserting:
/(1) if a sign is posted at the beginning of the active work zone that states 'WORK ZONE - NO SPEEDING - $200 FINE AND 30 DAYS IMPRISONMENT';/
Amend title to conform.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 8 to 17.
Rep. SIMRILL moved to table the Bill.
Rep. PHILLIPS demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote of 8 to 46.
Rep. SCOTT spoke in favor of the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. J. BROWN moved to table the amendment, which was agreed to.
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 by a division vote of 18 to 17.
The House stood at ease subject to the call of Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
On motion of Rep. SHEHEEN, the House stood in silent prayer in memory of Mr. Charles Alexander Harvin, Jr., Rep. C. ALEX HARVIN's father.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 5162 -- Reps. Hodges, M.O. Alexander, Sturkie and Beatty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 11, 1994, AS THE TIME TO ELECT A CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM OF THE HONORABLE A. LEE CHANDLER WHO WILL BE RETIRING AS CHIEF JUSTICE IN DECEMBER, 1994, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE A. LEE CHANDLER UPON HIS BECOMING CHIEF JUSTICE, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM IN ANY VACANCY ON THE SUPREME COURT WHICH MAY OCCUR AS A RESULT OF THE ELECTION OF THE CHIEF JUSTICE AS ABOVE PROVIDED, TO ELECT A FAMILY COURT JUDGE FROM THE FIFTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM M. CAMPBELL, WHOSE TERM EXPIRES JUNE 30, 1998, AND TO ELECT A FAMILY COURT JUDGE FROM THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM OF THE HONORABLE ALBERT L. KLECKLEY, WHOSE TERM EXPIRES JUNE 30, 1998.
The President recognized Rep. HODGES, Chairman of the Joint Judicial Screening Committee.
The President announced that nominations were in order for a Chief Justice of the Supreme Court.
Rep. HODGES stated that the Honorable Ernest A. Finney, Jr., had been screened and found qualified.
Senator Land nominated Justice Ernest A. Finney, Jr. as follows:
"Mr. President, Mr. Speaker, Fellow Members of the South Carolina General Assembly, Ladies and Gentlemen...We gather this morning for a moment of historical significance for South Carolina, a time we will remember for years to come. We gather to elect a person to become the next Chief Justice of the Supreme Court of the State of South Carolina. And we do so with a kind of certainty which is rare in the imperfect world of legislating in these halls. Our certainty grows from the knowledge that the man we nominate this morning is also rare, a person who calls to mind the passage from Shakespeare, 'Be not afraid of greatness; some are born great, some achieve greatness, and some have greatness thrust upon them.' But maybe, in the case of Ernest A. Finney, Jr., we have found a person who fits all three categories. From the beginning, he has been a man of purpose and destiny, a man who not only expected hard work and success of himself, he demanded it. He prepared himself for a career in the law and in public service with a distinguished academic record at Claflin College and South Carolina State University. He became a member of the South Carolina Bar in June 1954. Anyone familiar with recent American history will recognize what else happened in 1954, the United States Supreme Court ruled that racially segregated schools were unconstitutional. That decision would reshape forever the future of South Carolina and call upon men and women of good will for extraordinary tasks. Ernest Finney was one. That decision, the famous Brown Versus the Board of Education ruling, was rendered on May 17, 1954. Just thirty days later, a young attorney in South Carolina embarked on a career that would push the boundaries of the Brown decision which would help break the ground of opportunity for all the citizens of our State. For the last 25 years, it has been a pleasure for me to know Ernest Finney, to agree and debate with him over current issues, to experience the sensation of my constantly expanding admiration and respect for this man. Ernest Finney came to the South Carolina General Assembly in 1972, only two years after the long-standing color line was broken in this legislature. He made an immediate impact. He served on the Judiciary Committee. He marshalled the legislation to establish the Family Court. He brought great leadership and purpose to the Legislative Black Caucus. He proved to be a good friend and advisor to me when I joined him as his deskmate in 1975. Also in 1975 Ernest Finney broke another boundary and was elected circuit court judge. Like today, it was a moment of great decision for South Carolina. We made the right decision, one of our very best decisions. The words of Speaker Ramon Schwartz on that occasion still ring true today. The Speaker said of Ernest Finney, 'I do not nominate him because he is a close friend... I do not nominate him because he is a black man...I do nominate him because he is honest and possessed of judicial temperament, I do nominate him because he has demonstrated his total dedication and commitment to upholding the law...' As you know, nine years later in 1984, Judge Ernest Finney became Associate Justice Ernest Finney, breaking another color line that had existed for almost a century. He earned that position on the basis of a remarkable career of public service. Today, Justice Finney comes to another threshold, and we stand here proudly with him. He has led an extraordinary life, serving his State with great distinction. He has been graced with a wonderful family, wife Frances, and children Ernest, Nikky and Jerry. He has graced all that he has touched. Today, he embarks on what may be his greatest challenge and greatest reward. The court system in South Carolina is in need of modernization and administrative reform. Chief Justice Finney will have the luxury of time to make a difference. To this position, he will bring the same tireless dedication which has characterized his life. When Justice Finney assumes office, all the people of South Carolina become the beneficiary of the wisdom and judgment of this man. Justice Finney has built a life around a solemn belief and devotion for the golden rule, equal and fair treatment of all people and true love of his fellow man. I proudly speak as a friend of Ernest Finney.I speak with modesty in saying his friendship is one my great treasures. He has helped us all open our eyes, --join our hands together, and work for the common good of a State we all love. If there are to be symbols and signals which this State sends out to the rest of the nation today, let them be symbols of unity and mutual respect for each other. Let the election of Ernest A. Finney, Jr., as Chief Justice of the South Carolina Supreme Court be OUR flag of enlightenment and human understanding which we can all fly over our hearts, and minds. Mr. President, with deep personal pleasure and with great professional pride, I nominate Ernest A. Finney, Jr. to succeed Chief Justice Chandler for the position of Chief Justice of the South Carolina Supreme Court."
Representatives McLEOD, WHITE, COBB-HUNTER, KENNEDY, INABINETT, HARVIN, GOVAN, BREELAND, WHIPPER, HOLT, Senator Ryberg, Representatives NEAL, BYRD, CARNELL, Senator McGill, Representatives FELDER, KOON, WALDROP, JENNINGS, BAXLEY, HARRELSON, SNOW, D. WILDER, STODDARD, WILKINS, ROBINSON, RHOAD, J. WILDER, McELVEEN, Senators MOORE, LANDER, Representative HARRELL, Senators Richter, Mitchell, Leatherman, Rankin, Giese and Representatives HARWELL, NEILSON, HINES, MOODY-LAWRENCE, SPEARMAN and G. BROWN seconded the nomination of Judge Finney.
On motion of Rep. HODGES, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Ernest A. Finney, Jr., was duly elected for the term prescribed by law.
The President announced that nominations were in order for an Associate Justice of the Supreme Court.
Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had been screened and found qualified: the Honorable Ralph King Anderson, Jr., the Honorable Julius H. Baggett, the Honorable J. Ernest Kinard, Jr., the Honorable Costa M. Pleicones and the Honorable John H. Waller, Jr.
Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had withdrawn their names as candidates: the Honorable Ralph King Anderson, Jr., the Honorable Julius H. Baggett, the Honorable J. Ernest Kinard, Jr., the Honorable Costa M. Pleicones.
Rep. WILKINS nominated Judge John Henry Waller, Jr. as follows:
"Mr. President, ladies and gentleman of the Joint Assembly, it is my distinct privilege and honor, and truly it is an honor, today to nominate Judge John Henry Waller, Jr. to the position of Associate Justice of the Supreme Court. I am very proud to be standing before you to nominate an individual to the highest court in the State for whom I have so much respect. This is a big day. It's a big day in the life of Johnny Waller and his family. There are few days like this in a person's life and so it's a very special day for Johnny Waller and his family. But it's also a big day - a special day - for us - the members of the General Assembly and the State of South Carolina. Because we are placing not only a distinguished judge, but also a quality individual on our Supreme Court. And so while Johnny Waller and his family should be very proud this day, we too should be proud of the choice we are making today. Johnny Waller grew up in Mullins and went through the public school system there. He graduated from Wofford College and served his country on active duty in the Army. He then attended the University of South Carolina Law School and was admitted to practice law in 1963. Johnny Waller served for 10 years in this Body and for almost four years in the Senate. In 1980 he was elected to fill the unexpired term of then Judge Harwell as Judge of the Twelfth Judicial Circuit. He has served in that capacity with great distinction for the last 14 years. Judge Waller is married to Debbie Meares Waller and has four children. He has been an active member in the Methodist Church in Mullins all his life. He has been involved in various community and civic activities - far too many to mention today. Suffice it to say Johnny Waller has given back a great deal to his community. Because he has ably served as a Circuit Court judge for the past 14 years, holding court in almost every county of this State, Judge Waller has a track record. He is a known quantity. Because of this record we know that Judge Waller is impeccably honest. We know he is fair and even-handed, but even more important, Judge Waller brings, I think, a degree of humility and common sense to the bench. Some 9 years ago, I was involved in taking my son's third grade class on a field trip. We took them to City Hall and to the jail in Greenville and then to the Court House. We went into the courtroom where Judge Waller had been presiding. I hardly knew him then, but since they were taking a break in the courtroom I asked him if he would speak to the class. Judge Waller took that opportunity to make a real impression on those kids. He took his time with them. He took probably 30 minutes out of his busy schedule, put his robe on, sat on the bench and talked with them about the judicial system. And I can remember that he spoke about the robe that he wore and the symbol of the robe and why judges wore robes and the authority it stood for. But also not only the authority, but the responsibility that came with wearing that robe. That very grave responsibility to mete out justice in a fair and impartial and even-handed way. And I'll tell you Judge Waller, you made an impression on those kids that day. You made an impression on those parents and those teachers, and you certainly made an impression on me. That shows you the type of individual that Johnny Waller is. He's a genuine, good person. His robe hasn't gotten too heavy for him. He hasn't gotten too important or too busy to spend a few minutes trying to make a positive impression on a bunch of third graders. So today is a big day. It's a red letter day. It's a day that we have the opportunity not only to put a qualified, experienced judge on the Supreme Court, but also an opportunity to put a real genuine, quality individual on the highest court in our State. I know that Judge Waller will continue to render outstanding service to the judicial system in South Carolina as a member of the Supreme Court. He has made us proud of him and he will continue to make us proud of him. So it is with a great deal of pride that I nominate John Henry Waller, Jr. for position of Associate Justice of the Supreme Court."
Representatives ELLIOTT, HARWELL, HOUCK, HASKINS, NEILSON, HINES, McMAHAND, BAILEY, YOUNG, SMITH, HUTSON, HUFF, CHAMBLEE, MATTOS, MEACHAM, Senators Rankin, Mitchell, Leatherman, Giese, Waldrep, Courtney, Washington, Matthews, Elliott, Representative FARR, Senators Williams, Rose, Representatives BEATTY, MARCHBANKS, GRAHAM, SNOW, KELLEY, BAXLEY, JENNINGS, WHITE, WOFFORD, FELDER, KLAUBER, Senator McGill, Representatives McLEOD, WILKINS, BROWN, Senator Lander, Representatives HOLT, HARRELL, Senator Richter, Representatives HALLMAN, WORLEY, MARTIN, WITHERSPOON, SHARPE, WRIGHT, RISER, Senator O'Dell, Representatives GOVAN, ROBINSON and McELVEEN seconded the nomination of Judge Waller.
On motion of Rep. HODGES, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable John H. Waller, Jr., was duly elected for the term prescribed by law.
I would like to be recorded as voting for John Kinard, Jr., for the S.C. Supreme Court.
Rep. CANDY Y. WAITES
The President announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 4.
Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had been screened and found qualified: Steven D. Dennis, Barbara M. Heape, Francenia B. Heizer, Leslie Kirkland Riddle, Donna S. Strom, and H. Bruce Williams.
Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had withdrawn their names as candidates: Steven D. Dennis, Francenia B. Heizer, and H. Bruce Williams.
Rep. QUINN withdrew Barbara M. Heape as follows:
"A few minutes ago, I received a letter from Barbara Heape and she would like to withdraw her name as a candidate for Family Court Judge and she has a letter that she would like for me to read...to members of the General Assembly, I respectfully withdraw my name for consideration for the position of Family Court Judge for the Fifth Judicial Circuit. I would like to thank all of you for your kindness that you have shown me in the last three months. I am glad that I had the opportunity to participate in this process because I have learned now how hard working all of you are. I will continue working for the Attorney General knowing that the State of South Carolina is in the good hands of dedicated legislators. I wish all of the other candidates the best luck as any one of them would make a fine Family Court Judge, Sincerely, Barbara Heape. Thank you."
Rep. WRIGHT withdrew Leslie Kirkland Riddle as follows:
"Ladies and gentlemen of the Joint Assembly...I am here today to do something that I haven't done before. I have had the privilege of being up here before for many candidates that have been running for office. I have won some outright, lost some outright. I have even won and lost the same race at the same time on the same day in this Joint Assembly a couple of years ago if you remember. My purpose here today is to talk to you about Leslie Kirkland Riddle who has been running, as you know, for the position of Family Court in Richland County. I have worked for underdogs before and she qualifies as one. She was an unknown when she came to the House and Senate to campaign for this position. She had some very competent people running against her and it has been a very spirited race as you know. I have come to appreciate a number of people that I didn't really know before. And to the members of the Senate who are in here today, Senator Holland and Senator Land, who worked very hard for Leslie and Senator Jackson who I have come to respect greatly, thank you very much for everything that you have done for Leslie in the Senate. In the House, we had a number of people working on our behalf in Henry Brown and Annette Young and Sandi Wofford. They were working hard for us. And for Frannie Heizer, who is somebody, and if you know the history of Columbia, you will know that there has been friction from time to time over annexation and Frannie is on City Council and along with Mayor Coble, I have come to know them in a different light and appreciate them and feel that we can converse with them and I respect them and Representative Waites who worked very hard for her. She has withdrawn, too. Leslie Kirkland Riddle grew up around the corner from me in Whitehall and is somebody that I have known since she was, I guess prior to high school, she dated my brother for a couple of years, she was a cheerleader, a Clemson graduate and has been very active in professional work in Richland County. She has been an Assistant Solicitor, she has been in every part of what Family Court is about. She is extremely qualified. I have been very proud of watching her down here. She is vibrant, dedicated, knowledgeable, friendly and funny and she will be back. Her husband, Dayton, is here with her today, along with Pat and Henry, who helped raise her and did a very good job and are very proud of her and what she is all about. But, to notify you that we are withdrawing her name from nomination and we appreciate all the courtesy extended to us in the Senate and House. To Donna and Pete, congratulations to you and at this time, I would withdraw Leslie and move that the nominations come to a close and she be elected by acclamation."
Rep. SCOTT nominated Donna S. Strom as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly...It is indeed an honor on behalf of the Committee who has worked very hard to place in nomination for Family Court Judge in the Fifth Judicial Circuit, Donna S. Strom. Donna is a graduate of Salem College of Winston-Salem, North Carolina in 1981, receiving her Bachelor's Degree in History, Political Science and Sociology and graduated cum laude. She is also a graduate of the University of South Carolina Law School, receiving her Juris Doctorate Degree in May of 1984. From the beginning of her legal career, she has been a leader having been elected Vice President of the Student Bar Association at the University of South Carolina School of Law. Served as law clerk to The Honorable Jonathan McKown, Circuit Judge of the 7th Judicial Circuit. Joined team of staff attorneys at the Department of Social Services and has dedicated her career to helping children and families of our State. She has had a tremendous part in the efforts to collect $90 million in child support this past year alone and to locate nearly 40,000 deadbeat parents last year alone. She has coordinated activities between her department and the Richland County Solicitor's Office in the areas of juvenile justice and child abuse and neglect. She is responsible for such public awareness activities as the Ten Most Wanted poster project to bring irresponsible parents to justice. She has served as liaison to the clerks of court and sheriffs' departments statewide. She knows how the judicial system should run. She worked with the American Bar Association to implement a program in Richland and Kershaw Counties to provide easy access to the courts for people without lawyers. She has tried hundreds of cases in counties statewide and is an active member of the South Carolina Trial Lawyers Association. She serves on the Children's Committee of the SC Bar as well as the Pro Bono Program of the SC Bar. In our own body, she worked tirelessly along with other members of the Welfare Reform Task Force to address the problems associated with our welfare system and the people who are caught up in it. Her efforts and care do not stop with her professional tasks. She has been a devoted member of Children Unlimited, a private adoption agency which places for adoption special needs children. She is a wife, a mother, a sister and a daughter. It is a pleasure to nominate her and I place her name in nomination and ask that Donna S. Strom be elected by acclamation. Thank you."
Representatives CROMER, WILKINS, GAMBLE, STODDARD, MARCHBANKS, Senator Ryberg, Representative SIMRILL, Senator Hayes, Representative HARWELL, Senators Elliott, Rankin, Representatives ASKINS, MOODY-LAWRENCE, Senators Courson, Waldrep, Matthews, Washington, Representatives NEILSON, HINES, M.O. ALEXANDER, McMAHAND, HUFF, CHAMBLEE, G. BROWN, McLEOD, McCRAW, MATTOS, R. SMITH, BEATTY, DAVENPORT, SNOW, WALDROP, WHITE, FELDER, KLAUBER, CARNELL, McABEE, Senator McGill, Representatives KENNEDY, INABINETT, HARVIN, GOVAN, COBB-HUNTER, SHISSIAS, HARRELL, Senators Richter, Passailaigue, Representatives WILKES, BYRD, NEAL, J. BROWN, SCOTT, Senator Elliott, Representative McELVEEN, Senators Mitchell, Moore, J. Verne Smith, Rankin and Representative SPEARMAN seconded the nomination of Donna Strom.
On motion of Rep. WRIGHT, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mrs. Donna S. Strom was duly elected for the term prescribed by law.
I would like to be recorded as voting for Frannie Heizer for the Family Court judge from the Fifth Judicial Circuit, Seat 4.
Rep. CANDY Y. WAITES
The President announced that nominations were in order for a Family Court Judge, Fourteenth Judicial Circuit, Seat 2.
Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had been screened and found qualified: Harris L. Beach, Jr., Jane Dowling Fender, William E. Myrick, Jr., Walter H. Sanders, Jr. and Gerald C. Smoak, Jr.
Rep. HODGES, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had withdrawn their names as candidates: William E. Myrick, Jr., and Walter H. Sanders, Jr.
Rep. ROGERS withdrew Harris L. Beach, Jr., as a candidate.
Rep. HODGES withdrew Gerald C. Smoak, Jr., as a candidate.
Rep. KEYSERLING nominated Jane Dowling Fender as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly...It is an honor for me today to place in nomination the name of Jane Dowling Fender from Beaufort for the Family Court, Fourteenth Circuit. If you understood yiddish and if I could use only one word, I would use mensch, Good person, Good throughout. Before Jane ever considered becoming an attorney, she lived a full life and therefore, brings a broad spectrum of experience. She was a wife, a schoolteacher, she owned a small business, worked as a paralegal, went through a divorce. Having been through that, she entered law school and became an attorney. Since then she has spent 95 percent of her practice in the Family Court. Jane Dowling Fender is committed, qualified, competent, compassionate and is fair. I put the name of Jane Dowling Fender in nomination and ask that she be elected by acclamation."
Representatives WHITE, COBB-HUNTER, Senator McGill, Representatives KENNEDY, HARRELSON, HALLMAN, KLAUBER, RICHARDSON, WRIGHT, SNOW, GOVAN, Senator Cork, Representatives WILKES, NEAL, BYRD, J. BROWN, D. WILDER, RISER, WELLS, CLYBORNE, LITTLEJOHN, McMAHAND, COOPER, NEILSON, G. BAILEY, MOODY-LAWRENCE, ASKINS, Senators Drummond, Giese, Washington, Representatives BEATTY, R. YOUNG, SHISSIAS, McELVEEN and Senator Mitchell seconded the nomination of Jane Dowling Fender.
On motion of Rep. HODGES, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Jane Dowling Fender was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:45 P.M. the House resumed, the SPEAKER in the Chair.
The House receded until 2:15 P.M.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: 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.
The Senate amendments were agreed to, and the Joint Resolution, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.
Rep. GONZALES proposed the following Amendment No. 2, which was ruled out of order.
Amend SECTION 2 to read:
SECTION 2. Section 5-3-240 of the 1976 Code is amended to read:
"For the purposes of Sections 5-3-20, 5-3-50, and 5-3-160 150 to 5-3-240, a the following provisions shall apply:
(A) A 'Freeholder' is defined as any person eighteen years of age, or older, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights and future interests) and who owns, at the date of the petition or of the referendum, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate, not including real estate exempt from taxation. The assessed value of real estate of owners of less than an undivided one-tenth interest in a tract shall not be included for purposes of calculations under these sections.
(B) The county tax records shall include the records of the auditor, assessor, and treasurer as of December 31 of the year preceding the date the first signature is obtained on a petition or upon which an election is scheduled to be held, supplemented by the records of the clerk of court and register of mesne conveyance as to later conveyances.
(C) Each signature on a petition shall bear the date on which it was obtained and the petition shall be considered to be dated as of the date entered on the body of the petition or the date the first signature is obtained, whichever is earlier. A signatory on a freeholder petition must be a freeholder as of the date on which the freeholder's signature is affixed.
(D) Petitions must be acted upon not later than one year from the date of the petition or else considered abandoned.
Add SECTION 3 to read:
SECTION 3. Section 1 of this act takes effect upon approval by the Governor. Section 2 of this act takes effect on July 1, 1994, and applies to all elections held or petitions dated on or after that date.
Amend title to conform.
Rep. GONZALES explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 2 was out of order as it was not germane as the Bill dealt with police jurisdiction and the amendment dealt with boundaries.
Rep. GONZALES argued contra the Point in stating that they both dealt with boundaries.
The SPEAKER stated that the amendment dealt with a form of annexation by petition and he sustained the Point of Order and ruled the amendment out of order.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Reps. BOAN and J. HARRIS proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\JIC\6019HTC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The borrowing authority and limitation of thirty-five million dollars set forth in Section 1-1-1020 of the 1976 Code, as amended, is increased to thirty-five million five hundred thousand dollars beginning on the effective date of this section and ending December 31, 1995. The five hundred thousand dollar increase in borrowing authority is to be used exclusively for initiating the State House Renovation Project which shall include, but not be limited to, payment of architectural and engineering fees and the costs associated with the transition of State House occupants to, location of, and renovation of an alternate location. All funds borrowed under this authorization must be repaid, with interest, in a lump-sum payment as soon as monies are made available through a regular or supplemental appropriation authorization./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\PT\1289AC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. All agencies of the legislative department are exempt from the appropriations transfer restrictions of Section 129.13, Act 164 of 1993, the General Appropriations Act for fiscal year 1993-94./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\GJK\20925SD.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 7 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. BOAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Brown, H. Cato Clyborne Cooper Cromer Davenport Fair Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Haskins Hutson Kirsh Klauber Lanford Littlejohn Marchbanks Meacham Moody-Lawrence Phillips Quinn Robinson Sharpe Shissias Simrill Smith, D. Stoddard Stuart Trotter Tucker Vaughn Waldrop Walker Wells Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Barber Baxley Boan Breeland Brown, G. Brown, J. Byrd Chamblee Cobb-Hunter Govan Harris, J. Holt Houck Inabinett Jennings Keegan Kelley Keyserling McCraw McLeod McMahand Riser Rudnick Sheheen Smith, R. Spearman Stille Stone Townsend Waites Whipper White Wilder, J. Witherspoon
So, the amendment was adopted.
Rep. BOAN proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BBM\9240HC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. In the case of an employee retiring by July 1, 1994, as a result of the need to deal with a severe family hardship arising after November 1, 1993, the time to make the irrevocable retirement incentive election authorized pursuant to Section 17P.6, Part I, Act 164 of 1993 is extended for a period ending June 30, 1994, but this extension applies only if the employee's agency head approves the extension and determines that such a hardship has arisen./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. SHEHEEN and HUTSON proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BBM\9239HC.94), which was adopted.
Amend the bill, as and if amended, beginning on page 3, by striking SECTION 5 and inserting:
/SECTION 5. (A) In recognition of the substantial legal issues and uncertain financial liability that confronted the State of South Carolina in Bass v. State of South Carolina and Perri v. State of South Carolina, the General Assembly finds the proposed settlement reached in those cases to be fair and reasonable. By this act, the General Assembly ratifies and approves the terms agreed to in the settlement and pledges the financial resources of the State to implement the terms and conditions of the settlement as approved by the circuit court.
(B) (1) A timely filed claim for refund for any tax year rendering the taxpayer eligible for a refund under the settlement agreement is deemed a timely filed claim for refund for all taxable years to which the settlement agreement applies, except that any additional refunds due a taxpayer as a result of this item for those years for which a claim was not filed must be paid as provided in item (4). No further action is required for any such taxpayer to receive the refund allowed by this item for those years. All protests filed pursuant to the settlement agreement on the issue of which taxable years were included in the taxpayer's claim for refund are extinguished on the effective date of this section.
(2) A taxpayer who failed to timely file a claim for refund for any year as provided in the settlement agreement is nevertheless eligible for a refund if the taxpayer files a claim for refund with the Department of Revenue and Taxation within the extension period. The refund due a taxpayer under this item must be paid as provided in item (4). One claim for refund is sufficient for all applicable years.
(3) The Department of Revenue and Taxation shall place a notice in newspapers of general circulation in this state notifying taxpayers of the provisions of this subsection with special emphasis on the provisions of item (2) and the duration of the extension period. The department shall also provide written notification to each county veterans' affairs offices.
(4) Refunds payable under this subsection must be calculated in the manner provided by law but without interest and must be paid in two equal installments in October, 1995, and October, 1996. After any constitutional requirements are met, the amounts required for these refunds must be the first priority item in appropriations from the Capital Reserve Fund for fiscal years 1994-95 and 1995-96.
(5) The ability to file claim for refunds under this subsection or the extension of claims filed for one year to other years as provided in this subsection is a privilege granted taxpayers as a matter of fairness by the General Assembly and as such normal rules and laws of procedure do not apply in these cases. Therefore, the determination of the validity of any claim for refund filed or deemed to be filed pursuant to this subsection is solely within the jurisdiction of the Department of Revenue and Taxation and its determination is final and not subject to additional administrative or judicial review. A taxpayer who files a claim for refund or who is deemed to have filed a claim for refund under this subsection is ineligible to pursue that claim for refund under any other provision of law.
(6) As used in this subsection:
(a) "Extension period" is the period beginning April 16, 1992, and ending on the fortieth day after the effective date of this section.
(b) "Claim for refund" for purposes of item (2) is a written communication filed by a taxpayer with the Department of Revenue and Taxation received or bearing a postmark during the extension period which contains information sufficient for the department to identify the taxpayer and determine the validity of the claim. Any claim for refund is deemed to be for taxable years 1985, 1986, 1987, and 1988 to the extent the taxpayer received federal pension income in those years.
(c) "Taxpayer" means an individual who filed South Carolina individual income tax returns in any of the years 1985, 1986, 1987, or 1988 whose South Carolina taxable income included federal pension income. In the case of a deceased taxpayer, the surviving spouse, heirs, or personal representative of the deceased taxpayer entitled to receive the refund allowed by this subsection may fill the appropriate claim for refund on behalf of the deceased taxpayer. For purposes of paying refunds in the case of a testate deceased taxpayer, such refunds must be paid to the deceased taxpayer's personal representative. Refunds due an intestate deceased taxpayer under the provisions of this subsection must be paid as provided in subsection (D).
(d) "Refund" means a payment made pursuant to item (4).
(e) "Settlement agreement" means the agreement settling the claims arising under the Bass and Perri cases approved by the court on March 2, 1994.
(C) (1) Notwithstanding the provisions of Section 12-7-2250 of the 1976 Code and Title 62 of the 1976 Code, amounts payable to intestate federal retirees due under the settlement agreement in Bass v. South Carolina and Perri v. South Carolina must be paid pursuant to the terms of the settlement so that the amount owed any intestate deceased federal retiree under the settlement is paid to the deceased retiree's surviving spouse, or if there is no surviving spouse, to the then living children of the retiree in equal shares and if there are no children, to the general fund of the State. This refund by the State, directly to the surviving spouse or then living children operates as a complete acquittal and discharge to the State of liability from any suit, claim, or demand of any nature by any heir, distributee, creditor of the decedent, or any other person. An heir or beneficiary of the intestate deceased retiree who does not receive any portion of the refund hereunder has no claim against any other heir or beneficiary who does receive a portion or all of the refund hereunder.
(2) To conform with the settlement agreement and notwithstanding the provisions of Section 12-7-2260 of the 1976 Code, if checks issued to any federal retirees under the agreement are returned to the Department of Revenue and Taxation as undeliverable, the department shall supply to class counsel for the federal retirees a list of those federal retirees for whom checks are undelivered, with class counsel having one year from the date of the check to deliver the check to the retiree, surviving spouse, or living children, and upon failure to deliver, the funds represented by the checks must be paid to the general fund of the State with the State's liability extinguished from any future suit, claim, or demand by the retiree, the retiree's surviving spouse, children, or estate. The actions of any party taken pursuant to the authority contained in this subsection are not considered in violation of Sections 12-7-1680 or 12-54-240(A) of the 1976 Code.
(D) Refunds paid pursuant to subsection (B) on behalf of an intestate deceased taxpayer must be paid as provided in subsection (C) and are subject to the terms and conditions provided in subsection (C) except that the refund amounts are as calculated under subsection (B)(4) and the Department of Revenue and Taxation shall perform the functions assigned to class counsel in subsection (C)./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\BBM\9244AC.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION __. (A) Sub-subitem (b), subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"2. Adjutant General
(b) Congaree Armory 607,200 30,000
(B) Subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:
(j) Armory Construction/
Renovations 577,200
The Adjutant General's Office must request the use of the Armory Construction\Renovations funds for specific projects."
SECTION __. (A) Sub-subitem (c), subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"21. Department of Corrections
(c) 10 2 96-Bed Additions 6,464,933 1,486,000
(B) Subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:
(g) Construction/
Renovation 3,978,933
The Department of Corrections must request the use of the funds identified in sub-subitem (g) for the Lancaster Institution, a Rehabilitation Unit for the Mentally Retarded or General Renovations or all of these projects. The Department must request the specific use of the funds for any of those projects from the Joint Bond Review Committee and the Budget and Control Board. The Lancaster Institution has priority over the use of the funds. If all of the funds in sub-subitem (g) are not used for the Lancaster Institution, then the Department shall request the specific use of the funds for either the Rehabilitation Unit for Mentally Retarded or General Renovations or both projects.
The Department of Corrections and the State Budget and Control Board are directed to proceed with the construction of the Lancaster Institution. The project costs are anticipated to require an increase of approximately $5,000,000. It is the intent of the General Assembly to provide the additional funds required to complete the institution in legislation authorizing the issuance of additional capital improvement bonds or other funding mechanisms. It is the intent of the General Assembly to provide funds for the Rehabilitation Unit for the Mentally Retarded or General Renovations, if necessary.
(C) Item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding a new subitem 32:
32. Department of Probation, Parole and Pardon Services
2 Community Control Centers 2,400,000
Total, Department of Probation,
Parole and Pardon Services 2,400,000"
SECTION __. Subitem 22 (Department of Juvenile Justice), item (f), Section 3 of Act 1377 of 1968, as amended by Part II, Section 77, of Act 164 of 1993, is amended to read:
"22. Department of Juvenile Justice
(i) Fire and Life Safety
Renovations 3,300,000
(j) Regional Reception and
Evaluation Centers 6,660,961
The disbursement of funds and the location for the regional reception and evaluation centers authorized in this subitem must be consistent with the terms of the settlement agreement resolution of the lawsuit in the case of ALEXANDERS S. VS. McLAWHORN."
SECTION __. Subitem 16, (Archives and History), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"16. Department of Archives and History
Wardlaw School Acquisition
New Facility 2,500,000 1,100,000
Total, Department of Archives
and History 2,500,000 1,100,000
Of the funds authorized above for the new facility, the Department of Archives and History may only proceed with the expenditure of funds for architectural and engineering related work (A&E) for the proposed facility. The expenditure of funds for these purposes cannot exceed $1,085,806. All other project phases and related costs, including construction, may not proceed until all remaining project funds are authorized and can be made available."
SECTION __. Section 3 of Act 1377 of 1968, as last amended by Section 77, Part II, Act 164 of 1993, is further amended by adding:
"Department of Education
Purchase of new school buses $105,000,000
Total, Department of Education $105,000,000"
SECTION __. Section 4 of Act 1377 of 1968, as last amended by Act 523 of 1992, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,790,539,125.10 1,895,539,125.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
Rep. BOAN continued speaking.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\BBM\9243AC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. (A) All appropriations and applicable provisions of Act 164 of 1993 (State General Appropriations Act), including provisos contained in Part I of that act, remain in full force and effect until an appropriations act for fiscal year 1994-95 is enacted, except that:
(1) Debt Service is increased by $7.2 million;
(2) Education Finance Act Base Student Cost Per Pupil allocation to School Districts remains the same per pupil with additional funds allocated to the extent necessary for growth in student enrollment;
(3) State funds for health insurance for retirees is increased by $2,732,770.00;
(4) Administrative Law Judge Division funds must be increased by $1,024,362.00 and an additional 21 FTE's are authorized for the division.
(B) The General Reserve Fund and the Capital Reserve Fund must be maintained by the State Treasurer and Comptroller General in accordance with the mandates of the State Constitution.
(C) Any monies expended pursuant to this section by any agency or department must be deducted from the appropriation made available under the 1994-95 appropriations act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.
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. SIMRILL moved to reconsider the vote whereby debate was adjourned on the Senate amendments on the following Bill until May 17, which was agreed to.
H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.
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.
The Senate amendments to the following Bill were taken up for consideration.
S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.
Rep. MARTIN explained the Senate amendment.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Rep. BOAN proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, page 2, line 13, by striking /2,578,933/and inserting /3,978,933/; page 3, lines 28 and 29, by striking /2,500,000/ in both instances and insering /1,100,00/; page 3, line 34, by striking /1,085,806/ and inserting /1,100,000/.
Amend total and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Further proceedings were interrupted by a Rules Committee Report.
The following was introduced:
H. 5207 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4349, RELATING TO THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, FOR SECOND READING OR OTHER CONSIDERATION AT 11:00 A.M. ON THURSDAY, MAY 12, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4349 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.4349, relating to the election districts from which members of the House of Representatives are elected commencing with the 1994 general election, is set by special order for second reading or other consideration at 11:00 A.M. on Thursday, May 12, 1994, and to provide, following the call of the uncontested calendar on each subsequent legislative day, for the continuing special order consideration of H.4349 until third reading or other disposition.
Rep. McTEER explained the House Resolution.
The Resolution was adopted.
Rep. FAIR moved that the House do now adjourn, which was adopted.
Rep. MOODY-LAWRENCE moved to reconsider the vote whereby Senate amendments on H. 4691 were amended by Amendment No. 10 and the motion was noted.
Rep. QUINN moved to reconsider the vote whereby Senate amendments on H. 4691 were amended by Amendment No. 8 and the motion was noted.
Rep. KIRSH moved to reconsider the vote whereby S. 674 was given a second reading and the motion was noted.
Rep. KIRSH moved to reconsider the vote whereby Amendment No. 3 was tabled on S. 674 and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 5160 -- Reps. T.C. Alexander and Graham: A CONCURRENT RESOLUTION SUPPORTING THE EFFORTS OF OCONEE COUNTY AND ITS OUTSTANDING CITIZENS TO BE DESIGNATED A "WORLD WAR II COMMEMORATIVE COMMUNITY" BY THE UNITED STATES DEPARTMENT OF DEFENSE.
At 3:15 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Charles Alexander Harvin, Jr., father of our colleague C. ALEX HARVIN, III, to meet at 10:00 A.M. tomorrow.
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