Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 5870, May 11 | Printed Page 5890, May 11 |
Printed Page 5880 . . . . . Wednesday, May 11, 1994
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.

Printed Page 5881 . . . . . Wednesday, May 11, 1994
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.

Printed Page 5882 . . . . . Wednesday, May 11, 1994
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?

Printed Page 5883 . . . . . Wednesday, May 11, 1994
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.

Printed Page 5884 . . . . . Wednesday, May 11, 1994
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

MOTION ADOPTED

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.

MESSAGE FROM THE SENATE

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

Printed Page 5885 . . . . . Wednesday, May 11, 1994
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.

SENATE AMENDMENTS CONCURRED

IN AND BILL ENROLLED

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.

SENATE AMENDMENTS CONCURRED

IN AND BILL ENROLLED

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

Printed Page 5886 . . . . . Wednesday, May 11, 1994
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.

REPORT OF STANDING COMMITTEE

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.

HOUSE RESOLUTION

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.

ROLL CALL

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
Printed Page 5887 . . . . . Wednesday, May 11, 1994
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.

STATEMENT OF ATTENDANCE

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" BeattyTerry 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
Printed Page 5888 . . . . . Wednesday, May 11, 1994
Michael F. Jaskwhich     Bessie Moody-Lawrence
Joseph T. McElveen, Jr.  C. Alex Harvin, III

Total Present--122

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.

STATEMENT OF ATTENDANCE

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.

STATEMENT OF ATTENDANCE

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.

DOCTOR OF THE DAY

Announcement was made that Dr. Stephen Grant of Aiken is the Doctor of the Day for the General Assembly.

MESSAGE FROM THE SENATE

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

Printed Page 5889 . . . . . Wednesday, May 11, 1994
R. 434; S. 1347--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

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