Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Gracious God, we thank You for the gift of another day. Guide and direct us through its hours. Help us to follow the Golden Rule which never tarnishes and which teaches "Do for others what you would have others do for you." When our challenges seem too difficult, remind us that the kite that flies is the kite that rises against the wind, not with the wind. When we are quick to anger, grant us patience; when we are swift to judge, grant us wisdom; when we are faced with the chance to be kind, never let us forget the love that God has shared with us.
God of mercy, hear this our prayer offered in thanksgiving. 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 Friday, the SPEAKER ordered it confirmed.
Rep. McMAHAND moved that when the House adjourns, it adjourn in memory of Mamie Beasley Lynch of Laurens, which was agreed to.
April 20, 1998
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4644 (Word version), R. 335 an Act:
TO REQUIRE THE STATE TO SET ASIDE $1,500,000 ANNUALLY TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES.
It is unwise to appropriate money outside of the normal budget process. This resolution would set the funding of attorney fees as a priority that would come before education, families, crime prevention, and other greater needs of the State.
For the above reason, I am vetoing H. 4644, R.335 of 1998.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
The following was received.
Document No. 2270
Promulgated By Department of Labor, Licensing and Regulation-Board of Examiners in Speech-Language Pathology and Audiology
Statutory Authority: 1976 Code Section 40-67-10
General Licensing Provisions; Pathology Assistants; Supervised Professional Employment; Audiology License-Hearing Aid Dispensing; Continuing Education; Code of Ethics
Received By Speaker February 3, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Period Expiration Date June 3, 1998
Revised June 6, 1998
Medical, Military, Public and Municipal Affairs Committee requested withdrawal April 14, 1998
Withdrawn and resubmitted April 17, 1998
The following was received.
Columbia, S.C., April 16, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Bryan and Hayes of the Committee of Conference on the part of the Senate on S. 850:
S. 850 (Word version) -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
Very respectfully,
President
Received as information.
MEMORANDUM TO: Clerk of the House
Clerk of the Senate
RE: Transcript of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Olin Phillips
Chairman
Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:
The Citadel (1 seat)
at-large Col. William E. Jenkinson, III*
(Kingstree)
Clemson University (3 seats)
at-large Harold Doug Kingsmore* (Aiken)
Patti McAbee* (McCormick)
Joseph D. Swann* (Greenville)
Harry Bell (Ward)
Howard Rawl (Gilbert)
Coastal Carolina University(1 seat)
1st District, Seat 2 Robert Lee Rabon (Conway)
Vanessa Greene (Georgetown)
College of Charleston (8 seats)
1st District, Seat 1 Joseph F. Thompson, Jr. (Mt. Pleasant)
2nd District, Seat 3 Charlotte Berry* (Columbia)
3rd District, Seat 5 Anne T. Sheppard* (Laurens)
4th District, Seat 7 Robert S. Small, Jr.* (Greenville)
5th District, Seat 9 F. C. McMaster* (Winnsboro)
6th District, Seat 11 J. David Watson* (Dillon)
at-large, Seat 13 Thomas W. Weeks* (Barnwell)
at-large, Seat 15 John F. Clark, III* (Columbia)
Francis Marion University (9 seats)
1st District, Seat 1 Worth Roberts (Charleston)
1st District, Seat 2** Melissa N. Johnson (Myrtle Beach)
2nd District, Seat 3 James R. Courie* (Columbia)
2nd District, Seat 3 Thomas C. Griffin, Jr. (Columbia)
3rd District, Seat 5 Carolyn B. Shortt* (Laurens)
3rd District, Seat 5 Jody Lipford (Laurens)
4th District, Seat 7 H. Randall Dozier* (Greenville)
4th District, Seat 7 Marian E. Strobel (Greer)
5th District, Seat 9 W. C. Stanton* (Cheraw)
5th District, Seat 9 M. David Shaw (Sumter)
6th District, Seat 11 Peter D. Hyman* (Florence)
6th District, Seat 11 Ralph U. Davis (Darlington)
at-large, Seat 13 Dianne Herrington* (Marion)
at-large, Seat 13 Alfred H. Agnew (Mullins)
at-large, Seat 13 Robert E. Lee (Florence)
at-large, Seat 15 Allard A. Allston* (Florence)
at-large, Seat 15 Laura Crawford (Florence)
at-large, Seat 15 Kenneth Jackson (Florence)
Lander University (8 seats)
1st District, Seat 1 Darlene N. Hyman* (Surfside Beach)
2nd District, Seat 3 Maurice Holloway* (West Columbia)
3rd District, Seat 5 William G. Stevens* (Greenwood)
4th District, Seat 7 Martha S. Whitener* (Union)
5th District, Seat 9 Glenn J. Lawhon, Jr.* (Hartsville)
6th District, Seat 11 Morgan B. Coker* (Florence)
at-large, seat 13 Ray Hunt (Columbia)
at-large, seat 13 Craig White (Greenwood)
at-large, seat 15 Bobby M. Bowers* (Columbia)
Medical University of South Carolina (6 seats)
1st District, medical profession Donald R. Johnson, II, M.D.*
(Mt. Pleasant)
2nd District, medical profession Thomas C. Rowland, Jr., M.D.*
(Columbia)
3rd District, medical profession Stanley C. Baker, Jr., M.D.*
(Greenwood)
4th District, non-medical Thomas L. Stephenson (Greenville)
4th District, non-medical John P.Edwards (Travelers Rest)
5th District, non-medical Robert C. Lake, Jr.* (Belton)
6th District, non-medical Margaret Addison, B.A.* (Holly Hill)
South Carolina State (6 seats)
2nd District, Seat 2** Samuel Glover (Columbia)
3rd District, Seat 3 Charles C. Lewis, Sr.* (Anderson)
3rd District, Seat 3 Dorothea Taylor (Ridge Spring)
6th District, Seat 6** Eleazer Carter (Columbia)
6th District, Seat 6 Edward C. Keith (Manning)
6th District, Seat 6 Monnique Singleton (Denmark)
6th District, Seat 6 Joan S. McLeod (Pinewood)
6th District, Seat 6 Rose Hilliard-Wilder (Manning)
at-large, Seat 7 Charles H. Williams, II* (Orangeburg)
at-large, Seat 7 Martha Scott Smith (Columbia)
at-large, Seat 8** John Skolds (Columbia)
at-large, Seat 8 Charles H. Johnson (Orangeburg)
at-large, Seat 8 Moses E. Brown (Orangeburg)
at-large, Seat 8 Sharon Wigfall (Mt. Pleasant)
at-large, Seat 9 Leroy Mosely, Jr.* (Columbia)
University of South Carolina (8 seats)
1st Judicial Circuit Othniel Wienges, Jr.* (St. Matthews)
3rd Judicial Circuit Arthur S. Bahnmuller* (Sumter)
5th Judicial Circuit William C. Hubbard* (Columbia)
7th Judicial Circuit Toney J. Lister* (Spartanburg)
9th Judicial Circuit John von Lehe, Jr. (Charleston)
9th Judicial Circuit Edward K. Pritchard (Charleston)
11th Judicial Circuit Michael J. Mungo* (Columbia)
12th Judicial Circuit C. Edward Floyd* (Florence)
13th Judicial Circuit Mack I. Whittle, Jr.* (Greenville)
Wil Lou Gray Opportunity School (1 seat)
at-large Deborah Lynn Ammons (Irmo)
Winthrop University (2 seats)
at-large Robert Gahagan* (Blythewood)
Sanita Savage* (West Columbia)
E. Thomas Crowson (Rock Hill)
* incumbent
** unexpired term
Respectfully submitted,
/s/Rep. Olin Phillips, Chm. /s/Sen. Addison "Joe" Wilson, V-Chm. /s/Rep. Curtis B. Inabinett, Sec. /s/Sen. Warren K. Giese
/s/Rep. Lanny F. Littlejohn /s/Sen. Maggie W. Glover
/s/Rep. Eugene C. Stoddard /s/Sen. James E. Bryan, Jr.
IN ATTENDANCE:
Representative Eugene C. Stoddard, Chairman
Representative Curtis B. Inabinett
Representative Lanny F. Littlejohn
Representative Olin Phillips
Mrs. Sophia Floyd, Secretary
MR. CHAIRMAN: Committee come to order, please. Time having arrived. I think we're going to have some of the Senators ... I understand they're fussing about something over there. We certainly appreciate you all coming. On behalf of the State of South Carolina, the Committee would certainly like to thank each and everyone of you for offering your services. Because, you know, it's a very underpaid job that you do. I'd like to make a motion when I get back to the House that we double you all's pay. We have with us, on my left, Representative Olin Phillips, Representative Lanny Littlejohn, Representative Curtis Inabinett and we have our able secretary, Mrs. Sophia Floyd. And I'm Gene Stoddard. The Chair will entertain a motion at this time to excuse the unopposed candidates so we might proceed to dig into the past of those that are opposed.
REP. INABINETT: I so move, Mr. Chairman.
REP. PHILLIPS: Second.
MR. CHAIRMAN: Mr. Inabinett moves; Mr. Phillips seconds. All in favor say "Aye".
COMMITTEE: Aye.
MR. CHAIRMAN: No opposed. The Aye's have it. You may leave at any time or you may stay to observe. First on our Agenda this afternoon is Lander University. We have only one seat that is opposed. First we have ... we'd like to hear from Ray Hunt. If you'd step forward, please, sir, to the microphone. RAY HUNT, being duly sworn, testifies as follows:
MR. CHAIRMAN: Mr. Hunt, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any position of honor or trust that if elected to the Board will cause you to violate the dual office clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman?
COMMITTEE: No response.
MR. CHAIRMAN: You've all reviewed his background. Thank you for coming, Mr. Hunt.
A: Thank you.
MR. CHAIRMAN: Next, we have Craig White. CRAIG WHITE, being duly sworn, testifies as follows:
MR. CHAIRMAN: Sir, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board
will cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman? Looks like everything is in order. Thank you, sir.
A: Thank you.
MR. CHAIRMAN: That completes the Lander candidates. We now go to the Medical University of South Carolina. Contest being in the 4th District, non-medical. First, we have Mr. Thomas L. Stephenson.
THOMAS L. STEPHENSON, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a
conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: I do not.
MR. CHAIRMAN: Any questions of the gentleman?
REP. LITTLEJOHN: Mr. Chairman, I have one about the Greenville ... I think Mr. Stephenson works for the Greenville Civil Service?
A: Yes, sir, I do.
MR. LITTLEJOHN: That's appointed or ...
A: That's an appointed commission seat. And to tell you the truth, I never thought about that. The Greenville Civil Service Commission overseas the fire department and the police department. It's a volunteer type board. When the fire department or the police department terminates a policeman, he has the right to file a grievance and we hear that. When certain positions are filled, i.e., the police chief, the fire chief, we decide on that and make recommendations to the City Council. It never occurred to me that that might violate the constitutional provision on dual office holding. I don't know. I don't think it would.
MR. CHAIRMAN: Does it pay anything?
A: No, sir. It does not.
MR. CHAIRMAN: You're appointed by whom? Council?
A: I was appointed by Council, yes, sir, City council for the City of Greenville.
MR. CHAIRMAN: We'll get an Attorney General's opinion on that.
A: I'm sure there's an answer, probably a very clearly answer ...
MR. CHAIRMAN: It may not be, but then again, you know ...
A: Yes, sir.
MR. PHILLIPS: Mr. Chairman, I would like to ask a question. Do you take a sworn testimony on that ... are you sworn into office?
A: You know, I don't recall. I don't recall whether I was. But thinking back on it, I would almost have to have been sworn in. You know, it is a body of the City of Greenville and I cannot imagine serving on that without taking some sort of an oath. So, the answer, although I have no recollection of it, would probably be yes.
MR. CHAIRMAN: If you were elected would you resign that position if it was a dual office holding?
A: I would.
MR. CHAIRMAN: All right, sir. Thank you, sir.
A: Thank you.
MR. CHAIRMAN: Next, we go to Mr. John P. Edwards. JOHN P. EDWARDS, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any question of the gentleman?
MR. LITTLEJOHN: Mr. Chairman, I would bring up the same point with regard to elected or appointed public offices. On Mr. Edwards's application, it's ... the county transportation committee, and that would need to be questioned, I believe, or as given an opinion on it.
A: I have resigned from that. I resigned probably back before Christmas.
MR. CHAIRMAN: Well, that clarifies that. Any other questions of the gentleman?
MR. LITTLEJOHN: Mr. Chairman, he serves as the Insurance Commissioner appointed by Secretary of State Miles? That's at the present?
A: No, that was in the past too.
MR. LITTLEJOHN: It says to '98.
A: No, that's wrong. They turned the Insurance Commission over to the Governor in '96.
MR. LITTLEJOHN: The dates on that's '94 to ...
A: Probably '95 or '96.
MR. CHAIRMAN: Any other questions? Appreciate you coming, sir.
A: Thank you.
MR. CHAIRMAN: We move from there to South Carolina State University. Our first contested seat is 3rd District, Seat 3. Charles Lewis, Sr. Is Mr. Lewis not here? John P. Edwards.
A: Yes, sir.
MR. CHAIRMAN: Yes, sir. Oh, I'm sorry, I read ...Dorothea Taylor.
DOROTHEA TAYLOR, being duly sworn, testifies as follows:
MR. CHAIRMAN: Ms. Taylor, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No.
MR. CHAIRMAN: Any questions of the lady? Gentlemen? Thank you, ma'am, appreciate you coming. Next, we have the 6th District, Seat 6, Eleazer Carter. Mr. Carter, did I pronounce that right?
MR. CARTER: No, sir, it's Eleazer.
MR. CHAIRMAN: Eleazer.
MR. CARTER: That's fine. Everybody else says Eleazer.
MR. CHAIRMAN: Well, if you get this job, you're going to be called other things, too.
MR. CARTER: I have been in the past.
ELEAZER CARTER, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems ...
A: None whatsoever.
MR. CHAIRMAN: ... that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: I have none whatsoever.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir, I will.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: None whatsoever.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: I presently hold a position of school board member down in Clarendon School District One. I am in an appointed position.
MR. CHAIRMAN: What is your intentions if you are elected, do you ...
A: I would resign that position if it presents a conflict.
MR. CHAIRMAN: I see. Any questions of the gentleman? Thank you, sir. Next, we have Edward C. Keith. I believe he called in and said that he was running late. Joan S. McLeod.
JOAN S. MCLEOD, being duly sworn, testifies as follows:
MR. CHAIRMAN: Ma'am, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No.
MR. CHAIRMAN: Any questions of the lady?
MR. LITTLEJOHN: Mr. Chairman, the appointed or elected office, she is a DSS Sumter County Board Member. Would that be a conflict?
MR. CHAIRMAN: I believe that would be a conflict.
A: It's appointed.
MR. CHAIRMAN: Honor or trust. Yes, ma'am, we could clarify that.
A: Okay.
MR. CHAIRMAN: But, if it were a conflict and you were elected, you would ...
A: I would resign.
MR. CHAIRMAN: You'd resign that position. Any other questions? Thank you so much, ma'am.
A: Thanks.
MR. CHAIRMAN: At-large, Seat 7, Charles H. Williams, II.
CHARLES H. WILLIAMS, II, being duly sworn, testifies as follows:
A: Good afternoon.
MR. CHAIRMAN: How are you, sir?
A: Fine, thank you.
MR. CHAIRMAN: Mr. Williams, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman?
MR. LITTLEJOHN: Mr. Williams, you live in the Orangeburg area?
A: That's correct.
MR. LITTLEJOHN: Been a lifelong resident of the area?
A: Yes, sir. I been on the Board twelve years at State.
MR. CHAIRMAN: Any other questions of the gentleman? Thank you, sir.
A: Thank you.
MR. CHAIRMAN: Martha Scott Smith.
MARTHA SCOTT SMITH, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir, I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir, I would.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Thank you, ma'am. Any questions of the lady? The Chair hears none. Thank you, ma'am.
A: Thank you.
MR. CHAIRMAN: Seat 8, Mr. John Skolds.
JOHN SKOLDS, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman? Thank you, sir.
A: Your welcome.
MR. CHAIRMAN: Charles H. Johnson.
CHARLES H. JOHNSON, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, I would.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: You know, I am appointed ... position with the County Council, Orangeburg County Council, Area and Development Board, I'm Commissioner. It was an appointed position, though.
MR. CHAIRMAN: It's a commission?
A: Right. The seat is called Commissioner.
MR. CHAIRMAN: What was the name of that again? County Development Commission?
A: Orangeburg Area Development Board. Regional. But that was appointed.
MR. CHAIRMAN: We could check on that for you. If you are elected and it was dual office holding, would you ... did you intend to give that up?
A: Yes, I would.
MR. CHAIRMAN: Any questions of the gentleman? Alright, sir. Thank you, sir.
A: Thank you.
MR. CHAIRMAN: Moses Brown. MOSES BROWN, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir, I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, I will.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir, I don't.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir, I do not.
MR. CHAIRMAN: Gentlemen? Thank you for coming, sir.
A: Thank you.
MR. CHAIRMAN: Sharon Wigfall. SHARON WIGFALL, being duly sworn, testifies as follows:
MR. CHAIRMAN: Ma'am, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Gentlemen? Thank you, ma'am. Has Mr. Keith arrived yet? We're going now to the University of South Carolina. The only contest we have is in the 9th Judicial Circuit. First, we have John von Lehe, Jr. Is my pronunciation correct?
MR. VON LEHE: Yes, sir, close enough. von Lehe.
MR. CHAIRMAN: von Lehe.
JOHN VON LEHE, JR., being duly sworn, testifies as follows:
MR. CHAIRMAN: Sir, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: I ... as I mentioned in my application, I am Chairman of the State Museum Commission. I don't know ... it's appointed, but I really don't know. But if it ... if elected to the Board of Trustees, I am going to resign that post.
MR. CHAIRMAN: I see. I think it'd probably be a conflict, but that clears that up. Any other questions, gentlemen? Thank you for coming, sir.
A: Thank you.
MR. CHAIRMAN: Our next candidate is Edward K. Pritchard.
EDWARD K. PRITCHARD, being duly sworn, testifies as follows:
MR. CHAIRMAN: Sir, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir, I have none.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, I do not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman? Where are you from, Mr. Pritchard?
A: Charleston.
MR. CHAIRMAN: Charleston. Appreciate you coming. Thank you, sir.
A: Thank you very much. Appreciate it.
MR. CHAIRMAN: Next we have Winthrop University. Two seats at-large. Our first candidate is incumbent, Dr. Sanita Savage.
DR. SANITA SAVAGE, being duly sworn, testifies as follows:
MR. CHAIRMAN: Ma'am, do you have any health related problems that the screening committee should be made aware of?
A: No, I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, I would.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, I do not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, I do not.
MR. CHAIRMAN: Since you're an incumbent, evidently she has no conflict. Any questions of the lady? Appreciate you coming, Doctor.
A: Thank you.
MR. CHAIRMAN: Now we have Mr. Thomas Crowson.
THOMAS CROWSON, being duly sworn, testifies as follows:
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: I will.
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: None. None.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: None that I know of, no.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: Don't have any.
MR. CHAIRMAN: You can put your hand down now, sir.
A: Thank you.
MR. CHAIRMAN: Any questions of the gentleman? Appreciate you coming, Mr. Crowson.
A: Thank you.
MR. CHAIRMAN: We have all this background information on you and of course the Senators have it also. We'll share the minutes with them. We certainly appreciate you all coming and you'll be notified within ten days of the decision of the Committee, and probably we'll know by then what the election schedule will be. Thank you very much. If any of you have any questions, file by here and we'll be glad to answer them for you.
(There being no further questions, the screening adjourned at 2:30 p.m.)
The Committee Screening of Candidates for Boards of Trustees of State Colleges and Universities, taken on behalf of the Committee at Room 427, Blatt Building, 1105 Pendleton Street, Columbia, South Carolina, on the 31st day of March, 1998 before Jennifer L. Lester, Court Reporter and Notary Public in and for the State of South Carolina.
IN ATTENDANCE:
Representative Eugene C. Stoddard, Chairman
Senator Addison "Joe" G. Wilson, Vice Chairman
Senator Warren K. Giese
Representative Lanny F. Littlejohn
Representative Olin Phillips
Mrs. Sophia Floyd, Secretary
MR. CHAIRMAN: Good morning. Certainly appreciate all of you coming. We'd like to thank you on behalf of the General Assembly and the State of South Carolina for your ... those that have been serving and those of you who are here offering to serve. It's certainly a job that you have to be dedicated to. It doesn't have too large a monetary value. Again, we certainly appreciate you coming. And first on the order of business, I'll entertain a motion from Representative Phillips.
REP. PHILLIPS: Mr. Chairman, I'd like to make a motion for the unopposed candidates here this morning, that they be dismissed from the screening now.
SEN. WILSON: Second.
MR. CHAIRMAN: Motion is made by Representative Phillips, seconded by Senator Wilson, that all unopposed candidates be excused from the screening. All in favor say "Aye".
COMMITTEE: Aye.
MR. CHAIRMAN: Opposed "No". The Aye's have it. All unopposed candidates may feel free to leave at any time or you may stay in watch the proceedings. Thank you for coming.
(Off the record)
MR. CHAIRMAN: First, we'll look at the Clemson candidates. We have three seats and we have five candidates for those seats. First, we have Mr. Kingsmore.
HAROLD DOUG KINGSMORE, being duly sworn, testifies as follows:
MR. CHAIRMAN: Sir, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Committee in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, I do not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, I do not.
MR. CHAIRMAN: Any questions of Mr. Kingsmore?
SEN. GIESE: Mr. Chairman. Mr. Kingsmore, what has been your record of attendance of the Clemson Board?
A: Senator, I have not missed a single board meeting in the two terms that I have been privileged to serve the University. And to my recollection, I may have missed two committee meetings over that eight year period.
SEN. GIESE: Thank you.
MR. CHAIRMAN: Thank you, Senator Giese. Any other questions? Thank you, sir.
A: Thank you.
MR. CHAIRMAN: Next candidate is Patti McAbee.
PATTI MCABEE, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, I do not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Evidently not. You're an incumbent I see. Any questions of the lady? Thank you, ma'am.
A: Thank you very much.
MR. CHAIRMAN: Our next candidate is Joseph P. Swann.
JOSEPH P. SWANN, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, I do not.
MR. CHAIRMAN: Considering your present occupation
and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir, I do not.
MR. CHAIRMAN: Any questions of the gentleman?
SEN. GIESE: Mr. Chairman.
MR. CHAIRMAN: Senator Giese.
SEN. GIESE: Mr. Swann, how long have you served on the Board?
A: I'm just completing my second term, sir.
MR. CHAIRMAN: Thank you, sir. Our next candidate is Mr. Harry Bell.
HARRY BELL, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: None that I'm aware of.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: None.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No.
MR. CHAIRMAN: Any questions of Mr. Bell?
SEN. WILSON: Mr. Chairman.
MR. CHAIRMAN: Senator Wilson.
SEN. WILSON: It's really not a question, but I'd just like to thank Mr. Bell for his service with the Farm Bureau. You certainly reflected well on the agricultural community of South Carolina and I just want to thank you on behalf of all the citizens of South Carolina, urban and rural.
A: Thank you, Senator.
MR. CHAIRMAN: Senator Giese.
SEN. GIESE: Mr. Chairman. Mr. Bell, how do you think you can make a ... can you make a unique
contribution to the Board in some way?
A: Well, Senator, of course, my profession has been agriculture and that has been my primary interest, but I realize that as a member of the Board of Trustees I would have to take all of the schools into consideration. But, yes, I think that I do have a contribution to make. I have served on the commission to ... on the future of Clemson University. I'm still serving on that commission. I've served on various committees there. I have worked with the Presidents ever since Dr. Bob Edwards was President there. And I think that I do have something that I can contribute.
SEN. GIESE: Thank you.
MR. CHAIRMAN: Any other questions? Thank you, Mr. Bell.
A: Thank you.
MR. CHAIRMAN: Next, Mr. Howard Rawl.
HOWARD RAWL, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir, don't have any.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, I would.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir, don't have any.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: I'm on Board of Visitors now, but I would resign from that if I'm elected to the Board.
MR. CHAIRMAN: Okay, thank you, sir. You may put your hand down. Any questions of the gentleman?
SEN. WILSON: Mr. Chairman.
MR. CHAIRMAN: Senator Wilson.
SEN. WILSON: I'm not fortunate enough to be the resident and state Senator of Mr. Rawl, but I know his reputation in Lexington County. He is one of the most widely respected persons in business in our county and also, even though I'm a Gamecock, I also know he's one of the strongest Tiger fans that ever existed. So his reputation precedes him and I just want to thank you for your service on ... prior service to Clemson and thank you for what you do for making us ... our county a better community to live in.
A: Thank you, Senator.
MR. CHAIRMAN: He has good college too.
SEN. WILSON: World class.
A: Yes, sir, I'm the one that helps to feed the vegetables and fruits five times a day.
MR. CHAIRMAN: Any other questions? Thank you, sir. That completes Clemson. Now we move to the College of Charleston; no contest there. Next, we have Francis Marion. Our first contest is in the 2nd District, Seat 3. James R. Courie.
JAMES R. COURIE, being duly sworn, testifies as follows:
MR. CHAIRMAN: Mr. Courie, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir, I would.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman?
SEN. GIESE: Mr. Chairman.
MR. CHAIRMAN: Yes, sir, Senator Giese.
SEN. GIESE: What has been your attendance record on the Board since you're the incumbent?
A: Senator, I think I have missed one meeting over, I think, about six years. Due to a professional conflict, I was out of town and couldn't avoid it. I don't think I missed any committee meetings, but I did miss one board meeting.
MR. CHAIRMAN: Any other questions? Thank you, sir.
A: Thank you.
MR. CHAIRMAN: Next candidate is Mr. Thomas C. Griffin, Jr.
THOMAS C. GRIFFIN, JR., being duly sworn, testifies as follows:
MR. CHAIRMAN: Sir, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, I do not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman?
SEN. GIESE: Mr. Chairman.
MR. CHAIRMAN: Senator Giese.
SEN. GIESE: What special kind of contribution do you think you can make to that Board if elected, tell us about it.
A: Well, I happen to live in Columbia, but born in Florence. I attended to the University of South Carolina at Florence in the early beginnings, which is now Francis Marion University. I attended there one year having played in tennis and in basketball. The second year I elected to move to Columbia and attend the University of South Carolina at the Columbia campus. So, my family still lives in Florence. My father and my mother-in-law still lives in Florence; sisters and brothers and cousins. So, I think the contribution to go back, even living here in Columbia, to give back to now Francis Marion University.
MR. CHAIRMAN: Any other questions? Thank you, sir. 3rd District, Seat 5. Our first candidate is Carolyn B. Shortt.
CAROLYN B. SHORTT, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Any questions of the lady? Thank you, Ms. Shortt.
A: Thank you.
MR. CHAIRMAN: Next candidate is Jody Lipford.
JODY LIPFORD, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: I do not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: I do not.
MR. CHAIRMAN: Any questions of the gentleman? Thank you, Mr. Lipford. 4th District, Seat 7. Randall Dozier.
RANDALL DOZIER, being duly sworn, testifies as follows:
MR. CHAIRMAN: Sir, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: I will.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir, I do not.
MR. CHAIRMAN: Any questions of the gentleman? Thank you, sir.
A: Thank you.
MR. CHAIRMAN: Our next candidate is Marion E. Strobel.
MARION E. STROBEL, being duly sworn, testifies as follows:
MR. CHAIRMAN: Ms. Strobel, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir, I don't.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the lady?
REP. LITTLEJOHN: Mr. Chairman.
MR. CHAIRMAN: Representative Littlejohn.
REP. LITTLEJOHN: Ms. Strobel, what ties do you have directly to Francis Marion?
A: Could you please explain that a little?
REP. LITTLEJOHN: What interest do you have in serving Francis Marion?
A: Oh. About ten years ago I was invited to Francis Marion to be a guest lecturer in the history department; I'm a professor at Furman. I was quite entranced by the institution, beautiful campus, fine faculty. And as a resident of the state of South Carolina for the last seventeen years, I've come very much interested in serving this state. And I understand that Francis Marion is an institution of some difficulty and I think feel that I have qualifications which could assist it in getting back on track.
MR. CHAIRMAN: Thank you, ma'am.
MR. CHAIRMAN: Any others? Thank you, ma'am. 5th District, Seat 9. W. C. Stanton.
W.C. STANTON, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman?
REP. LITTLEJOHN: Mr. Chairman, I have ...
MR. CHAIRMAN: Representative Littlejohn.
REP. LITTLEJOHN: ... a question. What interests you to serve Francis Marion?
A: Sir?
REP. LITTLEJOHN: What interest do you have in serving Francis Marion?
A: Over the years, life has been extremely kind to me. And I feel I can serve Francis Marion, I may be able to put back into the community some of the lessons and benefits that I have received.
REP. LITTLEJOHN: Thank you, sir.
MR. CHAIRMAN: Thank you, sir.
SEN. WILSON: Mr. Chairman ...
MR. CHAIRMAN: Just a minute, Mr. Stanton.
A: Yes, sir.
MR. CHAIRMAN: Senator Wilson has a question.
SEN. WILSON: Mr. Stanton, I appreciate your service to Francis Marion University. And I'm in the unique situation in that my oldest son graduated from there two years ago and I am very proud of that institution. He was there four years, got an excellent education. And the only down side, he's looking into going to law school now, but he ... I know, poor fellow. I know David's your son; I find that horrifying. But, I've noticed in a number of the comments about Francis Marion, the common thread that the University is in crisis due to various matters going on and a decline in enrollment. As an incumbent, what do you see the circumstance at this very fine institution?
A: Well, to begin with, we have just been re- accredited, SACS, that's Southern Association of Colleges and Schools, and that's a ten year accreditation. We also have accreditation and several other schools on campus. I don't have the list with me; I could have brought it; I'm sorry I didn't. At least six or eight other schools are accredited. Positive steps are being made to improve enrollment. We received a $25,000 grant to go out into the high schools. I think we're working with ten or twelve high schools now, some 360-500 students, to give them preparatory instructions prior to taking the SAT board. And by improving these scores, we feel like there are more potential students available in the Pee Dee area to come to Francis Marion. I can't guarantee you that we're going to improve enrollment because the tech school's a tough competition. But we try to put out quality education.
SEN. WILSON: And so, it's your view the enrollment decline could relate to competition with the very good tech schools in the Pee Dee?
A: There are very good tech schools in the Pee Dee area and I believe they can give an hour's credit for about $55, where we have to charge about a $165. In some cases, students go to tech for two years and then ...
SEN. WILSON: Transfer.
A: ... transfer to Francis Marion for the next two years. But the spring enrollment was the highest that it's been in several years at Francis Marion. And the retention rate was better. We're showing signs of improvement. But you are correct, the enrollment has been awful.
MR. CHAIRMAN: Senator Giese.
SEN. GIESE: Mr. Chairman, two things. Mr. Stanton, both praise for the ... I heard that your President and Board reacted very favorably within the last year or so regarding the institution to produce people that are badly needed throughout the nation, and which our state's not producing nearly enough of, and that's people in the field of computers. And I commend you and the Board and your President on the institution of that program, which by the way, is also ... shares that work with the tech; in other words, it's a group operation that was put together, I'm sure, by your Board and your President. The other thing, you have a program from the NCAA called the National Youth Sports Program. I happen to serve on that Board and we honored your school this year as being the outstanding ... one of the two outstanding schools in its first year of operation and your President, especially, was singled out as someone that was tremendously cooperative. And it's a national program with 175 schools in it and your school was one of the honorees.
A: Thank you, Senator. One other thing that we're involved in is a research part that will adjoin the campus. And that's in cooperation with the South Carolina Research Authority. We're working with them. That's beginning to get off the ground now.
MR. CHAIRMAN: Thank you, sir.
A: Thank you, sir.
MR. CHAIRMAN: Our next candidate is Mr. David Shaw.
DAVID SHAW, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Questions of the gentleman? Thank you, sir. Our next candidate is at-large seat 13, Dianne Herrington. I'm sorry, 6th District, Seat 11, Peter Hyman.
SEN. WILSON: That's General Hyman.
GEN. HYMAN: Mr. Chairman, I have to apologize, I don't hear well.
PETER HYMAN, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: I will.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: None.
MR. CHAIRMAN: I came here some time after you had left, Mr. Hyman, but they called you the Father of Francis Marion when I got here.
A: Well, I been connected with it a long time.
MR. CHAIRMAN: It seems that Sol didn't give it to you on your first attempt or two.
A: Yes, sir.
MR. CHAIRMAN: Any questions of the gentleman?
SEN. WILSON: Mr. Chairman.
MR. CHAIRMAN: Senator Wilson.
SEN. WILSON: I've gotten to know General Hyman through the Army Reserves and I want to thank you for your service, again, through the General Assembly and Reserves and also your service in the legal profession in the Pee Dee. We know you well.
A: Thank you, sir.
MR. CHAIRMAN: Senator Giese.
SEN. GIESE: I noticed that you joined the Navy in 1943.
A: That's correct.
SEN. GIESE: I joined in '42. I wondered, what did you do in your service in the Navy?
A: I'm sorry I didn't hear you?
SEN. GIESE: What did you do in your service to the Navy, what was your ...
A: In the Pacific. I was in the naval bombardment squadron.
SEN. GIESE: Naval air corps then?
A: Yes, sir.
MR. CHAIRMAN: Any other questions of the gentleman? Thank you, sir.
A: Thank you.
MR. CHAIRMAN: Our next candidate is Ralph Davis.
RALPH DAVIS, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman? Thank you, Mr. Davis. Now Seat 13, we go with Ms. Herrington.
DIANNE HERRINGTON, being duly sworn, testifies as follows:
MR. CHAIRMAN: Ms. Herrington, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the lady? Thank you, ma'am. Next candidate is Alfred H. Agnew.
ALFRED H. AGNEW, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions? Representative Phillips.
REP. PHILLIPS: Mr. Chairman. I noticed on his application where he's a member of the Marion County Economic Development Board, elected 1994 to the present. I'd like to ask the gentleman if he's elected to the Francis Marion Board, does he intend to resign from that position?
A: I didn't realize it would be a conflict of interest or a conflict in schedules.
REP. PHILLIPS: Economic Development Board, Marion County, elected position.
A: If I were elected to this Board and it was necessary to resign from that, then I would.
MR. CHAIRMAN: Any other questions? Senator Wilson.
SEN. WILSON: I notice that you're a member of NAM- POWS, Inc.
A: Yes, sir.
SEN. WILSON: Were you personally a POW?
A: Yes, sir.
SEN. WILSON: And how long were you incarcerated?
A: From December the 28th of '72 until day before yesterday twenty-five years ago.
SEN. WILSON: Well, I think that's very significant. And we appreciate your service to our country.
A: Thank you.
MR. CHAIRMAN: Any other questions of the gentleman? Thank you, Mr. Agnew. Robert E. Lee.
ROBERT E. LEE, being duly sworn, testifies as follows:
MR. CHAIRMAN: Mr. Lee, do you have any health related problems that the screening committee should be made aware of?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you now have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir, I do not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman? Senator Giese.
SEN. GIESE: Mr. Lee, besides ... are you any relative of The Robert E. Lee?
A: No, sir. I'm named after a fellow by the name of Robert Eugene Pickrell who's from Pamplico, he's a professor at a school in Nashville. So, it just falls by happenstance.
SEN. GIESE: What type of law do you practice?
A: I practice with Lawrence McIntosh. We have a general corporate practice. We also do some insurance defense and I do capital defense by appointment from certain judges.
SEN. GIESE: Do you do any pro bono work?
A: Yes, sir, I do. I don't ... Generally, work that comes in ... we have people who just stop by and I take it. If you need help, you know, if they need help with estates and that kind of thing, is generally what I do.
SEN. GIESE: Thank you.
REP. LITTLEJOHN: Mr. Chairman, one question about the University ...
MR. CHAIRMAN: Representative Littlejohn.
REP. LITTLEJOHN: ... Foundation, the Francis Marion Foundation, would you consider that a conflict, as a Trustee and a Foundation Member?
A: No, sir. There are a number of Trustees who are here today, General Hyman, some of the others who are also members of that Board who I serve with. So, I ... they don't consider it a conflict, so I don't really consider it myself.
REP. LITTLEJOHN: Okay, thank you.
MR. CHAIRMAN: Thank you, sir. Our next candidate is Allard A. Allston.
ALLARD A. ALLSTON, being duly sworn, testifies as follows:
MR. CHAIRMAN: Mr. Allston, do you have any health related problems that the screening committee should be made aware of?
A: I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: I will be.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: None whatsoever.
MR. CHAIRMAN: Any questions of the gentleman? Thank you, sir.
A: Thank you, sir.
MR. CHAIRMAN: Next candidate, Laura Crawford.
LAURA CRAWFORD, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, I would.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, it would not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, I do not.
MR. CHAIRMAN: Any questions of the lady? Thank you, ma'am.
A: Thank you.
MR. CHAIRMAN: Next is Kenneth Jackson.
KENNETH JACKSON, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you now have any interests, professionally or personally, that would cause a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
MR. CHAIRMAN: Any questions of the gentleman? Senator Giese?
SEN. GIESE: Mr. Chairman, I've noticed in a number of these applications that people who've attended Francis Marion and speak very highly; in your case, you mention your quality education. Tell me a little bit why you consider yourself so fortunate to have and what did they do that made you feel fortunate to receive their education?
A: Well, first of all, I was fortunate to be able to attend because it's accessible and it was affordable. And then when I was there, I felt like I received a personal interest from the faculty and the quality of the courses I took have benefited me in my professional career. I just feel like I received a quality education and I'm thankful for that.
MR. CHAIRMAN: Any other questions?
REP. PHILLIPS: Mr. Chairman, I don't have a question, but I'd like to commend all of the candidates here today. In their background, they gave a lot of information and it prevents us from having to ask a lot of questions. Mr. Jackson's background letter was very impressive to me and I just want to say to all of the candidates that we've had, even the previous ones before, they did a good job and after reviewing most of these, it's prevented us from having to ask a lot of questions.
MR. CHAIRMAN: It certainly speeds up the screening process when they ...
SEN. WILSON: Mr. Chairman, inquiry. These statements are terrific. Senator Giese and I were pointing out the various statements that have been presented and we don't want to be rude to anybody by not asking questions. But so many of the statements are so eloquent that they truly speak for themselves and my inquiry, these will be included in the record, is that correct?
MR. CHAIRMAN: Oh, yes. Correct. Thank you, sir.
A: Thank you.
MR. CHAIRMAN: Next we have some of those that could not attend last week's hearing. South Carolina State University, at-large, Seat 6, we have Singleton. Monnique?
MR. SINGLETON: Monnique.
MR. CHAIRMAN: Monnique.
MONNIQUE SINGLETON, being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, I do not.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: I do not.
MR. CHAIRMAN: Any questions of the gentleman?
SEN. GIESE: Mr. Chairman.
MR. CHAIRMAN: Senator Giese.
SEN. GIESE: South Carolina State University has had some problems in the past. A change of leadership a number of times. Serving the Board when there's turbulence like has to play a very important part in bringing the University though those kind of tumultuous days. How do you think you can contribute to the stability of the institution as a member of the Board?
A: As it relates to contributing to the stability of the University, one of the things that I am looking forward to doing if given the opportunity to serve is to support President Davis's vision. I think he has truly a wonderful vision for the University and I have a lot of faith in him as a capable President of the University. When I attended South Carolina State, he was my advisor and he certainly gave me some tremendous advise.
SEN. GIESE: Let me commend you. If I were asked the same question, I would have made the same statement. You do have powerful new leadership that just kind of requests support. And I would think that your statement is very well taken.
A: Thank you.
MR. CHAIRMAN: Thank you, sir. Our next candidate is Rose Hilliard-Wilder.
ROSE HILLIARD-WILDER, being duly sworn, testifies as follows:
MR. CHAIRMAN: Ma'am, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, I would.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No.
MR. CHAIRMAN: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, I do not.
MR. CHAIRMAN: Any questions of the lady? Thank you, ma'am.
A: Thank you.
MR. CHAIRMAN: 3rd District, Seat 3, Charles C. Lewis, Sr.
CHARLES C. LEWIS, SR., being duly sworn, testifies as follows:
MR. CHAIRMAN: Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, sir.
MR. CHAIRMAN: Any questions of Mr. Lewis? Senator Giese.
SEN. GIESE: Mr. Moseley, how long have you served on the Board?
MR. CHAIRMAN: This is Lewis.
SEN. GIESE: Mr. Lewis, I'm sorry.
A: Seventeen years.
SEN. GIESE: Seventeen years?
A: Yes, sir.
SEN. GIESE: So you've been through the mill?
A: Yes.
SEN. GIESE: Would you give me your candid opinion on the future of South Carolina State with the new leadership that you have?
A: I think we have an outstanding future in the hands of President Davis. I think he's doing a good job. I think he's an excellent capable leader. And by lending him our support, I'm sure that he's going to do a good job. We are now going after the quality of students, to improve SAT scores and whatnot. I think we're doing well considering the rules have been changed somewhat under the performance based funding. And we hope, under his leadership, that we will continue and be able to compete in this arena.
SEN. GIESE: What opportunity did you have judging your new President as a leader prior to selecting him?
A: I was a student with him going back several years. I knew his capabilities. He's an outstanding leader. He's came up through the ranks. He's doing a fantastic job. He's done a fantastic job prior to becoming President. He's served in several positions at the University. He's also done a good job with the Southern Association and bringing us though that. So, we're well aware of his capabilities.
SEN. GIESE: In your seventeen years that you've served on the Board, obviously you've been in a position to vote on the people who filled the leadership position prior to Dr. Davis, could you tell me about how you view the Board's relationship with the President through these years. There have been quite a number of changes. Is the Board a subservient participant, are they aggressive? Tell me a bit about how you view the Board?
A: I think they have a good working relationship with all the Presidents. We've had some changes recently and those changes, we felt that those particular leaders were not taking the University where we wanted it to be going. We moved on, so to speak. We've gotten in Dr. Davis. We feel he's doing an outstanding job. He served as interim prior to the Presidency and we kind of got a first hand look at his capabilities prior to making him President.
SEN. GIESE: Let me commend you on that particular statement, because so often a Board lets the President lead the Board and you've just told me, and I certainly accept that, that the Board has accepted the job of leading and selecting a person to follow their leadership and carry out their policies.
A: Thank you, sir.
MR. CHAIRMAN: Thank you, sir. Our next candidate is with Winthrop University, Robert Gahagan.
ROBERT GAHAGAN, being duly sworn, testifies as follows:
MR. CHAIRMAN: Sir, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, I do not.
MR. CHAIRMAN: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, I will.
MR. CHAIRMAN: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: No, I do not.
MR. CHAIRMAN: Any questions of the gentleman? Appreciate you coming, sir. That concludes the screening. All candidates appeared either last week or this week.
REP. LITTLEJOHN: Mr. Chairman, I make a motion we approve the ones we have looked at.
SEN. WILSON: Second.
MR. CHAIRMAN: Representative Littlejohn moves, and seconded by Senator Wilson, that we approve all the candidates. All in favor say "Aye".
COMMITTEE: Aye.
MR. CHAIRMAN: Opposed "No". The Aye's have it. Thank you, gentlemen.
REP. LITTLEJOHN: Mr. Chairman ...
SEN. WILSON: Move we adjourn.
REP. LITTLEJOHN: Do we need to take care of some other business before we adjourn?
MR. CHAIRMAN: We have a little bit of other business. Committee will adjourn from its duties as the Screening Committee.
(There being no further testimony, the screening was adjourned at 10:47 a.m.)
On motion of Rep. T. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 5060 (Word version) -- Rep. T. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE HEMINGWAY HIGH SCHOOL TIGERS BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 6, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE AA STATE BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Hemingway High School Tigers Basketball Team, coaches, and other school officials on Wednesday, May 6, 1998, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the AA State Basketball Championship.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5061 (Word version) -- Rep. G. Brown: A BILL TO CREATE THE LEE COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE LEE COUNTY ELECTION COMMISSION AND LEE COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5062 (Word version) -- Rep. H. Brown: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO REVISE THE SERVICE REQUIREMENTS AND ALLOW PARTICIPATION IF THE LAST THREE YEARS RATHER THAN THE LAST FIVE YEARS ARE CONSECUTIVE AND IN A FULL-TIME POSITION IN A STATE-COVERED INSURANCE GROUP, TO CHANGE REFERENCES DESCRIBING ELIGIBLE SERVICE FROM "STATE-COVERED ENTITY" TO "STATE-COVERED INSURANCE GROUP", AND TO DELETE OBSOLETE PROVISIONS.
Referred to Committee on Ways and Means.
S. 1188 (Word version) -- Senators Passailaigue and McConnell: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 6, SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 61, FROM CHURCH CREEK BRIDGE AND TEN MILES NORTH, A SCENIC BYWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE OUTDOOR ADVERTISING ACT.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Emory Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Mack Maddox Mason McAbee McCraw McGee McMahand McMaster Meacham Miller Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Townsend Trotter Vaughn Walker Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 21.
Woodrow M. McKay Bessie Moody-nce Scott Beck Dwight A. Loftis Tracy Edge Becky Rogers Martin Rex Fontaine Rice Walton J. McLeod Daniel L. Tripp Byron K. Webb Harry R. Askins Larry L. Koon Fletcher Nathaniel Smith, Jr. Jackson S. Whipper Jerry N. Govan, Jr. Robert J. Sheheen
The SPEAKER granted Rep. HASKINS a leave of absence for the week due to appearing in court.
Announcement was made that Dr. Louis E. Costa of Charleston is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 5007 (Word version)
DATE ADD:
4/21/98 James S. Klauber
Bill Number: H. 4918 (Word version)
DATE REMOVE:
4/21/98 Michael E. Easterday
4/21/98 Scott Beck
4/21/98 John David Hawkins
4/21/98 Ronald N. Fleming
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4884 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING
ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
H. 4993 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 2179, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 4994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2264, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4995 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2279, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 992 (Word version) -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
The following Bill was taken up.
S. 130 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7353AC.98), which was adopted.
Amend the bill, as and if amended, Section 40-43-86 by deleting subsection (B)(3), page 130-46, lines 4-31 and inserting:
/(3) The pharmacist-in-charge shall have the following responsibilities:
(a) establishing or implementing, or both, written policies and procedures for the provision of pharmacy services;
(b) assuring that all pharmacists, technicians, and interns employed at the pharmacy are currently licensed, certified, or registered and that interns and technicians wear proper identification while on duty;
(c) notifying the Board of Pharmacy immediately of any of the following changes:
(i) change of employment or responsibility as the pharmacist-in-charge;
(ii) change of ownership of the pharmacy;
(iii) change of address of the pharmacy; or
(iv) permanent closing of the pharmacy.
(d) making or filing any reports required by state or federal laws and regulations;
(e) responding to the Board of Pharmacy regarding any violations brought to the pharmacist-in-charge's attention./
Amend the bill further, Section 40-43-86 by deleting subsection (G)(10), page 130-52, lines 37-42 and inserting:
/(10) The transfer must be in compliance with current state and federal laws on controlled substances.
(11) The transfer of prescription information for the purpose of dispensing authorized refills is permissible between pharmacies where all pharmacies are under common ownership and access prescription information through a common computerized data system, subject to subsection (G)(1)(c), (G)(2), (G)(6), (G)(7), (G)(8), (G)(9), and (G)(10)./
Amend the bill further, Section 40-43-86(CC)(2), page 130-64, by deleting item (e), on lines 18-25 and inserting:
/(e) Pharmacists may not offer compounded medications to other pharmacies for resale; however, pharmacists may compound products based on an order from a practitioner for use by practitioners for patient use in institutional or office settings. Compounding pharmacies/pharmacists may advertise or otherwise promote the fact that they provide prescription compounding services, e.g., chemicals, devices, and information, when requested; however, they may not solicit business by promoting to compound specific drug products, e.g., like a manufacturer; /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BATTLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4886 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER IN SPECIFIC GAME ZONES, SO AS TO PROVIDE THAT IN GAME ZONES 1, 2, AND 4 THE DEPARTMENT OF NATURAL RESOURCES MUST PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT TO PROVIDE THAT UPPER LIMB HANDICAPPED PERSONS MAY USE A CROSSBOW FOR HUNTING AND TAKING OF DEER DURING SEASONS WHEN ARCHERY TACKLE IS USED TO HUNT AND TAKE DEER.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21463SD.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-565. (A) As used in this section:
(1) 'Archery equipment' and 'bow and arrow' mean either a longbow, recurve bow, or compound bow that propels an arrow by means of limbs and a string, that is hand-held, hand-drawn, and held in a drawn position by hand or hand-held release mechanism and that has no mechanical device to enable the shooter to lock or prop the bow at full or partial draw. Other than energy stored by the drawn bow, no device to propel the arrow is permitted.
(2) 'Crossbow' means a device for propelling an arrow or bolt by means of a bow or other limbs affixed transversely to a stock which utilizes a nonhand-held locking mechanism to maintain the device in a drawn, partially drawn, or ready to fire condition. A crossbow is not archery equipment or a bow and arrow.
(3) 'Upper limb disability' means an impairment certified by a licensed neurologist or orthopedist which prevents a person from holding the mass weight of archery equipment or a bow and arrow at arms length perpendicular to the body, or drawing or pulling the string of archery equipment or a bow and arrow of a minimum draw weight of forty pounds.
(B) Crossbows are legal for use statewide during any open season for deer, turkey, or bear by a person who suffers from an upper limb disability provided the person, while hunting, has in immediate possession a written statement certifying the disability. The statement, based on a physical examination by the certifying neurologist or orthopedist, shall describe the disability and shall state the person is not capable of operating archery equipment or a bow and arrow. A copy of the statement must be provided to the department prior to hunting with a crossbow.
(C) Except as provided in subsection (B), the use of crossbows during any open season for wild turkeys is unlawful and the use of crossbows during any archery equipment or bow and arrow only season is also unlawful. The use of a crossbow on private property statewide during the firearms or muzzleloader season for deer and bear is not prohibited."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH "ARCHERY EQUIPMENT", "BOW AND ARROWS", AND "CROSSBOWS" MAY BE USED IN THE HUNTING AND TAKING OF CERTAIN GAME./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4689 (Word version) -- Reps. Sharpe, Davenport, McLeod and Limehouse: A BILL TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80 RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7362AC.98), which was adopted.
Amend the bill, as and if amended, Section 44-55-120(A), page 12, line 18, after the / . / by inserting /The schedule for the annual fee, established pursuant to regulation, may not be increased except in accordance with the Administrative Procedures Act. Upon appropriation of additional state funds for this specific purpose or state funds not otherwise allocated for specific purposes to implement the provisions of the federal Safe Drinking Water Act, the department shall adjust the fee schedule by an equivalent amount./ so that subsection(A), when amended, reads:
/(A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department is authorized to collect an annual fee, which must be established annually in the general appropriations act, from each public drinking water system. The schedule for the annual fee, established pursuant to regulation, may not be increased except in accordance with the Administrative Procedures Act. Upon appropriation of additional state funds for this specific purpose or state funds not otherwise allocated for specific purposes to implement the provisions of the federal Safe Drinking Water Act, the department shall adjust the fee schedule by an equivalent amount./
Amend the bill further, Section 44-55-120(C), page 12, line 30, after /advising/ by inserting /and providing an annual review to/ and on line 31, after /Assembly/ by inserting /the fee schedule and / so when amended, subsection (C) reads:
/(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising and providing an annual review to the department and General Assembly on the fee schedule and the use of revenues deposited in the Safe Drinking Water Trust Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate and the Commissioner of the Department of Health and Environmental Control, or a designee./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4453 (Word version) -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT ANY PERSON WHO BAITS, ASSISTS WITH BAITING, OR CAUSES TO HAVE BAITED A DOVE FIELD OVER WHICH ONE OR MORE PERSONS ARE CHARGED WITH ILLEGALLY SHOOTING DOVES OVER BAIT IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5405SD.98), which was adopted
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-15. A person who baits, assists with baiting, or causes to have baited an area that otherwise would be legal to hunt and over which migratory birds are being hunted is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for thirty days."/
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1084 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Reps. KELLEY, WALKER, LITTLEJOHN, EDGE, KEEGAN, BARFIELD, DAVENPORT, WITHERSPOON, YOUNG and KENNEDY requested debate on the Bill.
The following Bill was taken up.
S. 1058 (Word version) -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
Reps. KELLEY, KEEGAN, LITTLEJOHN, BARFIELD, EDGE, LANFORD, DAVENPORT, LOFTIS, YOUNG, WITHERSPOON and KENNEDY requested debate on the Bill.
The following Bill was taken up.
S. 278 (Word version) -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
Reps. KELLEY, BARFIELD, EDGE, KEEGAN, LOFTIS, DAVENPORT and WITHERSPOON requested debate on the Bill.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5048 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2195, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CAVE explained the Joint Resolution.
H. 5056 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.
Rep. CATO explained the Bill.
The following Bill was taken up.
H. 4622 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH OWNERSHIP AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR AS THE DATE BY WHICH RESIDENTIAL PROPERTY MUST BE OWNED BY THE OWNER-OCCUPANT IN ORDER TO QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO ALLOWED FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Rep. H. BROWN moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up.
S. 284 (Word version) -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.
Reps. WITHERSPOON, KELLEY, BARFIELD, KEEGAN, EDGE, WALKER, LEACH and DAVENPORT requested debate on the Bill.
The following Bill was taken up. H. 4821 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4925MM.98).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-735. (A) It is unlawful for a person to impersonate a state or local official or employee or a law enforcement officer in connection with a sham legal process. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.
(B) It is unlawful for a person falsely to assert authority of state law in connection with a sham legal process. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.
(C) It is unlawful for a person to act without authority under state law as a Supreme Court Justice, a court of appeals judge, a circuit court judge, a master-in-equity, a family court judge, a probate court judge, a magistrate, a clerk of court or register of deeds, a notary public, or other authorized official in determining a controversy, adjudicating the rights or interests of others, or signing a document as though authorized by state law. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.
(D) It is unlawful for a person falsely to assert authority of law, in an attempt to intimidate or hinder a state or local official or employee or law enforcement officer in the discharge of official duties, by means of threats, harassment, physical abuse, or use of sham legal process. A person violating this subsection is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not less than one year and not more than three years, or both.
(E) For purposes of this section:
(1) 'Law enforcement officer' is as defined in Section 16-9-310.
(2) 'State or local official or employee' means an appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, other school district, political subdivision, or other unit of government of this State.
(3) 'Sham legal process' means the issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, which purports to:
(a) be a summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this State, a law enforcement officer, or a legislative, executive, or administrative agency established by state law;
(b) assert jurisdiction or authority over or determine or adjudicate the legal or equitable status, rights, duties, powers, or privileges of a person or property; or
(c) require or authorize the search, seizure, indictment, arrest, trial, or sentencing of a person or property.
(4) 'Lawfully issued' means adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, a state, an agency or a political subdivision of a state."
SECTION 2. Chapter 9, Title 30 of the 1976 Code is amended by adding:
"Section 30-9-35. (A) A clerk of court or register of deeds may not accept for filing a judgment or other lien against a present or former federal, state, or local official or employee unless the judgment or other lien is issued by a court of competent jurisdiction or appropriate governmental entity, or the judgment or other lien is otherwise authorized by statute.
(B)(1) If a judgment or other lien is accepted for filing against an individual in contravention of subsection (A), the clerk of court or register of deeds shall accept for filing a notice of invalid judgment or lien. The notice must be signed by the:
(a) assistant United States attorney or other attorney representing the federal agency of which the individual is an official or employee;
(b) assistant attorney general or other attorney representing the state agency, board, commission, department, or institution of higher education of which the individual is an employee or official;
(c) attorney representing the political subdivision or unit of local government of the State which the official or employee serves if the individual is a local official or employee.
(2) Within thirty days of filing of a notice of invalid judgment or lien, a copy of the notice of invalid judgment or lien must be mailed by the appropriate attorney to the person shown as the judgment or lien creditor or obligee at the return address provided in the judgment or lien. If no name or return address is provided in the judgment or lien, no notice must be given.
(3) An attorney who files a notice of invalid judgment or lien pursuant to this subsection is not liable for damages as a result of filing the notice of invalid judgment or lien.
(4) In addition to the procedure provided in this subsection, the clerk of court or register of deeds may remove a judgment or other lien pursuant to Section 30-9-30.
(C)(1) The filing of a notice of invalid judgment or lien voids the judgment or other lien retroactively to the date it was filed.
(2) A person who challenges the claim of invalid judgment or lien must commence suit in a state court of competent jurisdiction within thirty days after the date of mailing of the notice of invalid judgment or lien or the filing of the notice is binding and conclusive as to the invalidity of the judgment or other lien.
(D) A person who is injured by the filing of a judgment or other lien in contravention of subsection (A), has the following civil remedies against the person who filed the judgment or other lien:
(1) actual damages;
(2) punitive damages;
(3) costs; and
(4) reasonable attorney's fees.
(E) For purposes of this section:
(1) 'State or local official or employee' means an appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, other school district, political subdivision, or other unit of government of this State.
(2) 'Federal official or employee' means an employee or official of the United States government or a federal agency as defined for purposes of the Federal Tort Claims Act, 28 U.S.C. Section 2671 (1988)."
SECTION 3. Section 30-9-30 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:
"Section 30-9-30. (A) Except as otherwise provided by statute, each clerk of court and register of deeds in this State shall keep a record, in his the office in which he shall file files all conveyances, mortgages, liens, contracts, and papers relating to real and personal property required by statute to be kept by him, by entering in the record the names of the grantor and grantee, mortgagor and mortgagee, obligor and obligee, or other parties to the written instruments, date of filing, and nature of the instrument immediately upon its lodgment for record. The filing is notice to all persons, sufficient to put them upon inquiry of the purport of the filed instrument so filed and the property affected by the instrument.
(B)(1) If a person presents a conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds for filing or recording, the clerk of court or the register of deeds may refuse to accept the document for filing or recording if he reasonably believes that the conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent or is a sham legal process. This subsection does not create a duty upon the clerk of court or the register of deeds to inspect, evaluate, or investigate a written document that is presented for filing or recording.
(2) If the clerk of court or register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, is a sham legal process, or was not issued by a court of competent jurisdiction or appropriate government entity, the clerk of court or register of deeds may remove the conveyance, mortgage, judgment, lien, contract, or other document from the public records after mailing notice to the person on whose behalf the document was filed at the return address provided in the document. If no return address was provided on the document, no notice must be given.
(3) If a clerk of court or a register of deeds improperly refuses to accept for filing or recording or improperly removes from the public records a conveyance, mortgage, judgment, lien, contract, or other document pursuant to this section, the clerk of court or register of deeds is not liable for damages, personally or in his official capacity, for the improper refusal or removal.
(4) For purposes of this subsection:
(a) 'Sham legal process' means a document that is not issued lawfully and that purports to be a judgment, lien, or order of a court or appropriate government entity, or otherwise purports to asset jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of a person or property.
(b) 'Lawfully issued' means adopted, issued, or rendered in accordance with applicable statutes, rules, regulations, and ordinances of the United States, a state, or an agency or a political subdivision of a state."
SECTION 4. Chapter 75, Title 15 of 1976 Code is amended by adding:
"Section 15-75-60. A person who is injured by a sham legal process involving a violation of Section 16-17-735 has the following civil remedies against the person who committed the violation or who caused the violation to be committed:
(1) actual damages;
(2) punitive damages;
(3) costs; and
(4) reasonable attorney's fees. The amount of the recovery for the plaintiff is not determinative of the attorney's fee."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1185 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCLUDE WITHIN THE EXCEPTION INBOARD BOATS DESIGNED BY THE MANUFACTURER FOR TOWING WATERSKIERS.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of requests for debate by Reps. KNOTTS and RICE, the following Joint Resolution was taken up.
H. 4996 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 5, STATE TRANSPORT POLICE REGULATIONS, SUBARTICLE 1, UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Joint Resolution was read the second time and ordered to third reading.
Rep. M. HINES asked unanimous consent to recall H. 5027 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Ways and Means.
S. 1115 (Word version) -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-65 SO AS TO PROVIDE THAT SCHOOL DISTRICTS WHICH CHOOSE TO REDUCE CLASS SIZE IN FULL-DAY KINDERGARTEN PROGRAMS AND IN GRADES ONE THROUGH THREE SHALL BE ELIGIBLE FOR CERTAIN STATE FUNDING, TO PROVIDE FOR A LOCAL MATCH REQUIREMENT, AND TO PROVIDE FOR THE IMPLEMENTATION OF THE ABOVE PROVISIONS.
The motion period was dispensed with on motion of Rep. FELDER.
The following Bill was taken up. H. 4854 (Word version) -- Reps. Boan and R. Smith: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-45-420 SO AS TO ALLOW A COUNTY TREASURER TO WAIVE OR REDUCE TAX PENALTIES, BUT NOT INTEREST; BY ADDING SECTION 12-49-85 SO AS TO PROVIDE A PROCEDURE FOR REMOVAL OF UNCOLLECTIBLE AD VALOREM PROPERTY TAXES FROM THE PROPERTY TAX LIST; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXATION, SO AS TO DELETE THE LIMIT ON THE REASSESSMENT MILLAGE RATE FOR REAL AND PERSONAL PROPERTY; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO ASSESSMENT RATIOS FOR PROPERTY TAXATION, SO AS TO REQUIRE THE RECORDING OF A CONTRACT OF SALE WHEN THE FOUR PERCENT ASSESSMENT RATE ON A LEGAL RESIDENCE IS CLAIMED PURSUANT TO A CONTRACT OF SALE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS ON ASSESSMENT OF TAXES AND FEES, SO AS TO ESTABLISH THAT PROPERTY TAX ASSESSMENT OCCURS ON THE LATER OF THE LAST DAY THE TAX MAY BE PAID OR THE DATE OF THE TAX NOTICE; TO AMEND SECTION 12-60-2520, RELATING TO A TAXPAYER'S WRITTEN REQUEST TO MEET WITH THE ASSESSOR, SO AS TO REQUIRE CORRECTION OF THE ASSESSMENT UPON DETERMINATION THAT TAXPAYER'S WRITTEN REQUEST IS MERITORIOUS; TO AMEND SECTION 12-60-2550, RELATING TO APPEAL OF AN ASSESSMENT, SO AS TO ESTABLISH AN INTEREST RATE OF ONE-HALF OF ONE PERCENT EACH MONTH TO BE COLLECTED IN SPECIFIED CIRCUMSTANCES; TO AMEND SECTION 12-60-2910, AS AMENDED, RELATING TO A TAXPAYER'S REQUEST TO MEET WITH THE AUDITOR, SO AS TO FURTHER PROVIDE FOR WHEN THE OBJECTION TO THE TAX AND A REQUEST FOR A MEETING WITH THE AUDITOR MUST BE MADE; AND TO REPEAL SECTION 12-43-225 RELATING TO APPLICATIONS FOR SPECIAL ASSESSMENT RATIOS AND SECTION 12-49-80 RELATING TO COLLECTION OF BACK TAXES BY THE STATE WITHIN TEN YEARS OF THEIR DUE DATE.
Reps. VAUGHN, COBB-HUNTER and HARRELL proposed the following Amendment No. 5 (Doc Name P:\AMEND\DKA\4907MM.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Chapter 51, Title 12 of the 1976 Code is amended by adding:
"Section 12-51-180. (A)(1) Notwithstanding any other provision of law, the successful bidder at the delinquent tax sale of an owner-occupied residential property assessed at the four percent ratio for a legal residence, pursuant to Section 12-43-220(c), shall pay legal tender on the day of the sale to the person officially charged with the collection of delinquent taxes in the amount of unpaid property taxes, assessments, penalties, costs, and taxes levied for the year in which the redemption period begins. The balance of the bid amount is due when the redemption period expires and before execution and delivery of the tax title as provided in subsection (D). Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the sums paid and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him.
(2) Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer immediately shall mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received must be retained, paid out, and accounted for by the delinquent tax collector.
(3) Once a tax deed has been issued as provided in subsection (D), the defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess.
(B)(1) The defaulting taxpayer, a grantee from the owner, or a mortgage or judgment creditor may within twelve months from the date of the delinquent tax sale redeem an item of real estate which is owner-occupied residential property assessed at the four percent ratio for a legal residence by paying to the person officially charged with the collection of delinquent taxes a sum equal to all taxes, assessments, penalties, and costs.
(2) The defaulting taxpayer also shall pay to the person officially charged with the collection of delinquent taxes a sum equal to eight percent interest on the amount actually remitted by the successful bidder on the day of the sale to the official, to include unpaid property taxes, assessment, penalties, costs, and taxes levied for the year in which the redemption period begins, pursuant to subsection (A).
(3) If, before the expiration of the redemption period, the purchaser assigns his interest in real property which is owner-occupied residential property assessed at the four percent ratio for a legal residence and purchased at a delinquent tax sale, the grantee from the successful bidder shall furnish the person officially charged with the collection of delinquent taxes a conveyance, witnessed and notarized. The person officially charged with the collection of delinquent taxes shall replace the successful bidder's name and address with the grantee's name and address in the delinquent tax sale book.
(C) Upon redemption of the real estate which is owner-occupied residential property assessed at the four percent ratio for a legal residence pursuant to Section 12-43-220(c), the person officially charged with the collection of delinquent taxes shall cancel the sale in the tax sale book and note on it the amount paid, by whom, and when. The successful purchaser at the delinquent tax sale must be notified promptly by mail to return the tax sale receipt to the person officially charged with the collection of delinquent taxes in order to be expeditiously refunded the sums paid pursuant to subsection (A).
(D)(1) Upon failure of the defaulting taxpayer, a grantee from the owner, or a mortgage or judgment creditor, to redeem realty which is owner-occupied residential property assessed at the four percent ratio for a legal residence within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, within thirty days or as soon after that as possible, shall collect the balance of the bid amount from the successful bidder and make a tax title to the purchaser or the purchaser's assignee. Delivery of the tax title to the clerk of court or register of deeds is considered 'putting the purchaser or assignee in possession'.
(2) The tax title must include, among other things, the name of the defaulting taxpayer, the date of the execution, the date the realty was posted and by whom, and the dates each certified notice was mailed to the party or parties of interest, to whom mailed and whether or not received by the addressee.
(3) The successful purchaser or assignee is responsible in the amount of fifteen dollars for the cost of the tax title plus documentary stamps necessary to be affixed and recording fees. The successful purchaser or assignee shall pay the amounts to the person officially charged with the collection of delinquent taxes before delivery of the tax title to the clerk of court or register of deeds and upon payment, the person officially charged with the collection of delinquent taxes is responsible for promptly transmitting the tax title to the clerk of court or register of deeds for recording and remitting the recording fee and documentary stamps cost.
(4) If the tax sale of an item produces an overage in cash above the full amount due in taxes, assessments, penalties, and costs, the overage belongs to the defaulting taxpayer to be claimed or assigned according to law. If neither claimed nor assigned within five years of date of public auction tax sale, the overage escheats to the general fund of the governing body. Before the escheat date unclaimed overages must be kept in a separate account and invested so as not to be idle, and the governing body of the political subdivision retains the earnings for keeping the overage. On escheat date the overage must be transferred to the general funds of the governing body.
(5) If the successful bidder fails to remit the balance of the bid amount within the thirty-day period described in subsection (D)(1), the amount paid on the day of the sale, including unpaid property taxes, assessments, penalties, costs, and taxes levied for the year in which the redemption period begins, as described in Section 12-51-60, escheats to the general fund of the governing body. The amount must be applied promptly to the delinquent amount owed by the defaulting taxpayer, and the defaulting taxpayer may redeem the item of real estate within twelve months from the date of the application of the sums paid on the day of the sale to the delinquent amount owed by the defaulting taxpayer. Redemption must be effected in the same manner as described in Section 12-57-90(B)."
B. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 6 (Doc Name P:\AMEND\DKA\4927MM.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 12-6-3360(m)(2), (6), (10), and (13) of the 1976 Code, as last amended by Act 143 of 1997, is further amended to read:
"(2) 'Appropriate agency' means the Department of Revenue, for corporations subject to tax under Section 12-6-530 and the Department of Insurance for corporations subject to the premium tax under Chapter 7 of Title 38 except that for taxpayers subject to the premium tax imposed by Chapter 7 of Title 38 it means the Department of Insurance.
(6) 'Processing facility' means an establishment engaged in services such as manufacturing-related, computer-related, communication-related, energy-related, or transportations-related services, but the term 'processing facility' does not include an establishment where retail sales of that prepares, treats, or converts tangible personal property or services are made to retail customers into finished goods or another form of tangible personal property. The term also includes a business entity engaged in processing agricultural, aquacultural, or maricultural products. It does not include a facility where retail sales of tangible personal property are made to retail customers.
(10) 'Corporate office facility' means the location where corporate managerial, professional, technical, and administrative personnel are domiciled and employed, and where corporate financial, personnel, legal, technical, support services, and other business functions are handled. Support services include, but are not limited to, claims processing, date entry, word processing, sales order processing, and telemarketing. The term does not include an establishment where retail sales of tangible personal property or retail services are made to retail customers except for a facility which processes customer sales orders by mail, telephone, or electronic means, if the facility also processes shipments of tangible personal property to customers and if at least seventy-five percent of the dollar amount of goods sold through the facility are sold to customers outside of this State a corporate headquarters that meets the definition of a 'corporate headquarters' contained in Section 12-6-3410(J)(1).
(13) 'Qualifying service-related facility' means:
(a) an establishment engaged in an activity or activities listed under the Standard Industrial Classification (SIC) Code 80 according to the Federal Office of Management and Budget Standard Industrial Classification Manual, 1987 edition; or,
(b) a business, for which over fifty percent of the gross receipts are from providing services, as opposed to manufacturing or selling or dealing in tangible personal property and which creates at least two hundred fifty jobs at a single location other than a business engaged in legal, accounting, or investment services or retail sales, which has a net increase of at least:
(i) two hundred fifty jobs at a single location;
(ii) one hundred twenty-five jobs at a single location and the jobs have an average cash compensation level of more than one and one-half times the per capita income in the county where the jobs are located at the time the jobs are filled;
(iii) seventy-five jobs at a single location and the jobs have an average cash compensation level of more than twice the per capita income in the county where the jobs are located at the time the jobs are filled; or
(iv) thirty jobs at a single location and the jobs have an average cash compensation level of more than two and one-half times the per capita income in the county where the jobs are located at the time the jobs are filled.
The per capita income for each county is determined by using the most recent data available from the Board of Economic Advisors. Determination of the required number of jobs is in accordance with the monthly average described in subsection (F)."/
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. BOWERS proposed the following Amendment No. 7 (Doc Name P:\AMEND\PSD\7378MM.98).
Amend the bill, as and if amended, Section 12-43-220(c) as located in SECTION 3, page 4854-6, by adding before line 14:
/(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify qualifies as a legal residence unless if the residence is determined to be the primary or secondary domicile of the owner-applicant. A taxpayer may receive the four percent assessment ratio on only one residence his legal residence which is his primary domicile and his legal residence which is his secondary domicile for a tax year./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. BOWERS spoke in favor of the amendment.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 7, Rep. BOWERS having the floor.
The Senate returned to the House with concurrence the following:
H. 4980 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 6, 1998, IMMEDIATELY FOLLOWING THE ELECTION OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1998 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
At 1:15 P.M. the House in accordance with the motion of Rep. McMAHAND adjourned in memory of Mamie Beasley Lynch of Laurens, to meet at 10:00 A.M. tomorrow.
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