Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear again words from St. Paul, this morning, first Timothy, Chapter 4 (v. 10):
"For to this end we toil and strive, because we have our hope
set on the living God."
Let us pray.
Our Father, we are still celebrating and savoring the happy experience of last Thursday when the Senate enjoyed a visit from the entire Supreme Court of South Carolina, and a period of counsel from retiring Chief Justice Finney and the presence of our new Chief Justice Toal.
In a country where we have a constitutional balance of civil power, we are thankful for a spiritual interaction.
As we move into the future with new ventures that will lead us along untrodden paths, remind us, again, that "we toil and strive because we have our hope set on the living God."
Lead on, O King Eternal!
Amen.
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,
/s/ 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 (two seats)
At-large Arthur H. Baiden, III(Greenville)
William C. Coffey, Jr.(Manning)
W. Henry Johnson, Jr.(Lake City)
Maj. Richard D. Leonard(Columbia)
William F. Sachs(Columbia)
Allison Dean Wright(Columbia)
Clemson University (three seats)
At-large Walter Mack Burriss(Columbia)
Louis B. Lynn(Columbia)*
Charles E. Moore(Woodruff)
William C. Smith, Jr.(Columbia)*
Allen P. Wood(Florence)*
College of Charleston
Six congressional districts, one at-large
1st District, Seat 2 L. Cherry Daniel(Charleston)*
2nd District, Seat 4 Joel H. Smith(Columbia)*
3rd District, Seat 6 J. Philip Bell(Greenwood)*
4th District, Seat 8 Merl F. Code(Greenville)*
Emil E. Spieth(Spartanburg)
5th District, Seat 10 J. Vincent Price, Jr.(Gaffney)*
6th District, Seat 12 Marie M. Land(Manning)*
At-Large, Seat 14 Timothy N. Dangerfield(Aiken)*
Zeno Montgomery(Columbia)
Coastal Carolina University
At-large, Seat 15 Timothy R. Meacham(Florence)
Daniel W. R. Moore, Sr.(N.Myrtle Beach)
Ronald R. Norton(Murrells Inlet)
Francis Marion University
Seven congressional districts, one at-large
1st District, Seat 2 Melissa Johnson Emery (Myrtle Beach)*
2nd District, Seat 4 Gail Ness Richardson(Barnwell)*
3rd District, Seat 6 Patricia C. Edmonds(Greenwood)*
4th District, Seat 8 Alex Kiriakides, III(Greenville)*
5th District, Seat 10 Lorraine H. Knight(Hartsville)*
6th District, Seat 11 James A. Brown, Jr.(Florence)**
6th District, Seat 12 William W. Coleman, Jr.(Florence)*
At-large, Seat 14 Robert W. Williams, Jr.(Effingham)**
Lander University
Seven congressional districts, one at-large
1st District, Seat 2 Robin R. Agnew(Myrtle Beach)*
Anthony Noury(Mt. Pleasant)
2nd District, Seat 4 George R. Starnes(Columbia)*
Peter Buttress(Lexington)
3rd District, Seat 5 Mamie W. Nicholson(Greenwood)**
3rd District, Seat 6 Finis Horne(Greenwood)
4th District, Seat 8 C. Tyrone Gilmore(Spartanburg)*
5th District, Seat 10 S. Anne Walker(Columbia)*
6th District, Seat 12 Walter D. Smith(Florence)*
At-large, Seat 14 Ann B. Bowen(Greenwood)*
Medical University of South Carolina
Six congressional districts (three each from medical and non-medical professions)
Non-medical
1st District Melvyn Berlinsky(Charleston)*
2nd District Donald McElveen(Columbia)*
William F. Hoffman(Blythewood)
Donald V. Richardson, III(Columbia)
3rd District Fred T. Moore(Honea Path)*
Charles W. Schulz(Greenwood)
Medical
4th District Dr. Charles B. Thomas, Jr.(Greenville)*
Harold E. Fleming(Spartanburg)
5th District Dr. Cotesworth P. Fishburne, Jr.
(Rock Hill)*
6th District Dr. E. Conyers O'Bryan, Jr.(Florence)*
South Carolina State (two seats)
At-large
At-large, Seat 11 John Williams, Jr.(Orangeburg)*
At-large, Seat 12 George C. Bradley(Summerville)
Grace H. Salters (Orangeburg)
Alfonso J. Evans, Sr.(Charleston)
Brantley E. Evans, Jr. (Columbia)
University of South Carolina
Eight Judicial circuits
2nd Circuit Miles Loadholt(Barnwell)*
4th Circuit J. DuPre Miller(Bennettsville)*
6th Circuit James Bradley(Lancaster)*
8th Circuit Herbert C. Adams(Laurens)*
10thCircuit Robert N.McLellan(Seneca)*
14thCircuit Helen C. Harvey(Beaufort)*
15thCircuit M. Wayne Staton(Conway)*
16thCircuit Sam R. Foster, II(Rock Hill)*
Wil Lou Gray Opportunity School (four seats)
At-large Bryan England(Murrells Inlet)
Samuel Goodwater, Jr.(Beaufort)
Charles E. Jackson(Lexington)
Wilhelmina McBride(Columbia)*
Mary F. Newman(Cayce)*
Carlisle Roddey(Chester)
Diana Taylor(Columbia)
Suzanne Turner(Gaffney)*
Winthrop University (two seats)
At-large Hugh Hadsock, Jr.(W. Columbia)
Sandra Nelson(Lancaster)
Glenda P. Owens(Charleston)
Kay Wright Rush(Lexington)
Harold P. Tuttle, Jr.(Rock Hill)*
* Incumbent
**Appointed by Governor to fill unexpired term
The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Representative Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 21st day of February, 2000 before Christine A. Howell, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Representative Olin Phillips, Chairman
Representative Curtis Inabinett
Senator Addison G. "Joe" Wilson
Senator Warren Giese
Representative Margaret Gamble
Representative Lanny Littlejohn
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee
CHAIRMAN PHILLIPS: I'd like to call the screening committee to order. But first I'd like to introduce the screening committee. On my right is Senator Warren Giese from Richland and to my left, the far left is Dr. Margaret Gamble from Lexington and Lanny Littlejohn ...Representative Lanny Littlejohn from Spartanburg and Sophia Floyd, our assistant here, and I also would like to recognize the Creel Court Office reporting and we have Christine Howell. Christine, thank you for performing this service for us. I'm Olin Phillips and I'm from Cherokee. One little thing on housekeeping before we get started, and the first will be Clemson, but I'd like to tell you that nobody can after you are screened here today and you're qualified ... you're deemed qualified, you can't ask for support until we release the screening report to the members of the General Assembly. And we'll do that as quick as we can get it transcribed and ready to go back to the House. After that the ... after the screening report is issued and published in the journals of the House and the Senate, the next day at 11:00 you will be eligible to secure votes at that time. Now, mind you, we're going to release this screening report to the General Assembly, every House member and Senator as quick as possible. Then after that date ... after the screening date, the very next day, whatever day that be, I can't tell you because I don't know how fast we'll get this back. But at 11:00 the day following the screening report is issued to the members of General Assembly through the Journal you're eligible at 11:00 that day to secure votes for your seat. Does anybody have any question on that? So, we've got that cleared up. Thank you. Our first order of business is Clemson University. We have at-large three seats and we have one, two, three, four, five candidates offering for those three seats and for the first candidate, we'll hear from Dr. Walter Mack Burriss of Columbia. Dr. Burriss.
DR. BURRISS: I had the opportunity ...
CHAIRMAN PHILLIPS: Dr. Burriss, just one moment ...
DR. BURRISS: Yes.
CHAIRMAN PHILLIPS: ... I have to swear you.
DR. WALTER MACK BURRISS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: A couple of questions I'd like to ask you before you start. 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?
DR. BURRISS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend all the Board meetings on a regular basis?
DR. BURRISS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests professionally or financially that would cause a conflict of interest on any of these Boards?
DR. BURRISS: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public office or position that if elected to the Board would cause you to violate the dual office holding?
DR. BURRISS: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. You may proceed.
DR. BURRISS: I had the opportunity of being reared in a family that has a deep love and concern for the advancement of education of our colleges and universities in the State of South Carolina. We come from a long line of Clemson grads. My grandfather was a graduate, my father and his brothers all received their education from Clemson. My mother is a graduate of Winthrop. My wife and I and three of our four children are all Clemson grads. My oldest daughter is a graduate of Winthrop. And I know from experience in my own family that Clemson provides an excellent opportunity for a young man or young woman to receive an education. I believe that Clemson ... an education with Clemson prepares one in many ways. One not only receives the necessary knowledge but also gains valuable experience for the four years of development in the educational processes while attending Clemson. I feel that a graduate of Clemson University receives an education far beyond average, that he or she is equipped with the necessary educational tools to make an important contribution to the society and the community wherever they may choose to live. I therefore feel that I'm indebted to Clemson University for what I have personally received and how it has affected my life over the past 40 years. I would like to have an opportunity to be of service to Clemson University and to do whatever I can to continue to keep the high standard of excellence in the field of education in order that the future graduates may be a blessing and of great service to the State of South Carolina and beyond.
CHAIRMAN PHILLIPS: Any questions from any committee members of Dr. Burriss?
SENATOR GIESE: Chairman, Dr. Burriss, I've noticed you're 65 years of age.
DR. BURRISS: Yes, sir.
SENATOR GIESE: Quite an experienced person. What do you think you can specifically contribute to the Clemson Board of Trustees?
DR. BURRISS: Well, being a recently retired person in the Foreign Mission Board of the South Carolina Baptist Convention. I feel like due to my experiences of living overseas in countries in Southeast Asia such as Singapore, Malaysia, Thailand, just recently finished nine years in Japan. Working with different races and cultures, different young people. I feel like this would have a great contribution to sitting on the Board of Trustees for Clemson University. I think once someone has lived overseas and worked with different cultures, your vision has definitely been enlarged.
CHAIRMAN PHILLIPS: Any other committee members? Representative Gamble.
REPRESENTATIVE GAMBLE: Dr. Burriss, one, I think, continuing concern of many of us in the legislature is the graduation rate in our public colleges, the number of students who are graduating in four years, six years, et cetera. What are your thoughts on that and do you have any ideas as to what Clemson or any other institution in this state might do to increase that level, that percentage of graduates that are graduating in four years? I mean, it just seems like now it's a lifelong process instead of a four year process and many of them not getting out in four years.
DR. BURRISS: Well, I guess, there are several ways you can look at this. In my own life, I graduated from Clemson in 1957 with a bachelor of science and then I got a masters degree in 1963 and then I received a doctorate degree in 1980. So, there's a continuing education on my own part. And if ... I don't want to say a professional student ...
REPRESENTATIVE GAMBLE: Right, but you understand what I'm talking about. I'm talking about the students that are taking this long to finish a bachelors degree. They aren't getting out in six years. They aren't getting out ... I mean, I'm looking at the graduation rates in the latest report that we've got from the Commission on Higher Education. At Clemson in particular the percent graduating within four years is 36 percent. That's a low figure.
DR. BURRISS: Well, we had three of our children to go through and I can only share from our own experience that I had one son that really enjoyed Clemson and he enjoyed the social life at Clemson and I got the point across that we would pay for the first four years of his college education and after that he would assume that responsibility of finance for himself. So, sometimes people have different reasons for delaying and staying on at Clemson University.
REPRESENTATIVE GAMBLE: Thinking along those same lines, it's been thought among people in the legislature that possibly we should only pay for only so many credit hours. That the legislature should kick in only so much support for so many credit hours. For instance, maybe 140 hours because students are staying around five, six, seven years majoring in four, five, six different things. What are your thoughts along those lines? I mean, as a parent you've just said you would put limits on your own child and only pay for four years, so could you see the legislature doing something similar?
DR. BURRISS: I think it's a great possibility because you've got so many other young people coming in that also should have the same privilege and opportunity of attending college. And for those who want to be a professional student, sometimes pressure needs to be put on them.
CHAIRMAN PHILLIPS: Senator Giese?
SENATOR GIESE: May I make one addition to that line of thought that Representative Gamble was making. That is that the State contributes to Carolina some 7,000 or $7,500.00 per year subsidizes each student. At Clemson it's something $6,500.00 as I recall. So, if they stay beyond four years, $26,000.00 at Clemson that the State is subsidized that particular person increases $6,500.00 a year. So, six years is another $13,000.00 of cost to the taxpayers for that student. So, it's a very relevant question that she's asked.
DR. BURRISS: I think too, you may have to look at each individual case. Not only, I don't think just because of professional student or enjoying the stay at Clemson or can I say the party life at Clemson may be attractive to some, if not many, but also I think some students have a difficult time and they may not be able to go as much as others and ...
REPRESENTATIVE GAMBLE: Right. And I'm talking very much about our traditional student who is a full, you know, full-time student enrolled.
DR. BURRISS: Right.
REPRESENTATIVE GAMBLE: I'm not talking about say the returning adult learner who comes back and maybe can only enroll in six hours at a time. But I'm talking about the traditional student that is enrolled sometimes for only as few as 12 hours but that's their choice to enroll only for 12 hours instead of 15, 17 and that kind of thing.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Dr. Burriss.
DR. BURRISS: Thank you, sir.
CHAIRMAN PHILLIPS: Next is Louis B. Lynn from Columbia.
LOUIS B. LYNN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any other health related problems that have come up since you've been serving on the Board as an incumbent that we should be made aware of today?
MR. LYNN: No, sir. Just earned a few gray hairs.
CHAIRMAN PHILLIPS: And considering you've been a present member of the Board, have you attained that would be a conflict of interest?
MR. LYNN: No, sir.
CHAIRMAN PHILLIPS: Do you have any professional interests or anything that would prevent you from serving on this Board?
MR. LYNN: No, sir.
CHAIRMAN PHILLIPS: Continue your service?
MR. LYNN: No, sir.
CHAIRMAN PHILLIPS: Do you have any other public offices we've not been made aware of since you assumed a member of the Board?
MR. LYNN: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead, sir.
MR. LYNN: I'm offering for reelection. I also have a PhD in Horticulture from Clemson. I've served on the Board since 1988, which is three terms. And I consider the position a labor of love. I graduated in 1970 and I have looked at this position as an opportunity to give back to the school that's given me so much. I am the only African American on the Board and I help support the University's diversity agenda but I don't carry that alone. I am a PhD agriculture graduate and I also hold an adjunct professorship in horticulture. And I, as one of the Aggies, I embrace and often champion the farm, food and forestry issues of our University. Like Dr. Gamble talked about, I have a daughter that recently graduated from Clemson, so I've engaged in all aspects of educating children of the working class. One of the most rewarding aspects of my Board service is commencement exercises. I enjoy seeing and sharing the excitement of proud and happy families. But more importantly after 12 years as a Trustee witnessing many of these youngsters becoming contributing citizens in this State and other places. I love Clemson University. As an incumbent Trustee, I give of my time and of whatever monies I can and as an incumbent you can also ... you will also be able to check my record and my performance and my dedication to the position. I love Clemson and I want to continue serving.
CHAIRMAN PHILLIPS: Thank you, sir. Are there any committee members that have any questions? Representative Gamble.
REPRESENTATIVE GAMBLE: Thank you, Mr. Chairman. Dr. Lynn, I have the same question that I had with the previous person who came before us, Dr. Burriss. What are your thoughts on the graduation rate? I mean, what ... and you're actually there at Clemson now. Can you tell me a little bit about what you all might be doing to increase that percentage of students who are graduating in four years?
MR. LYNN: Well, I live in Columbia.
REPRESENTATIVE GAMBLE: But, I mean, you're actually on the Board right now ...
MR. LYNN: Yes, ma'am.
REPRESENTATIVE GAMBLE: ... that's what I mean.
MR. LYNN: Yes, ma'am. One of the things that we ... with internships and with the global learning and globalization of economies, I think with internships and all we can expect kids to stay a little longer. If a kid has to do an internship and I encourage internships right now, we ... I'd like to see Clemson, in fact, encourage more international internships. But because of economics, family economics, scholarships, available monies, I think it's reasonable to expect that those kind of things have set in and we do have a number of those at Clemson who do internships. That probably slides the graduation rate some. I agree with the previous person that at some point and it can be based on academic hours earned, but we do have to give some credence to internships that there should be a cut off point. Our ...
REPRESENTATIVE GAMBLE: But if the State ...
MR. LYNN: ... rate ...
REPRESENTATIVE GAMBLE: Right. But if the State were to do something like determine that 140 hours was all that the State should subsidize, that really wouldn't have any impact on internships because they typically don't earn credit, do they ...
MR. LYNN: Right. Right.
REPRESENTATIVE GAMBLE: ... during an internship? So, we're talking about time as opposed to number of hours. Would you as a Trustee support us doing that?
MR. LYNN: Yes, I think getting ... the time to get a B.S. degree, after five years I question what the student is doing.
REPRESENTATIVE GAMBLE: So, you could support us maybe using a threshold of 140 semester hours because that's really ...
MR. LYNN: You've got a lot of continuing majors ...
REPRESENTATIVE GAMBLE: ... as long as any bachelors program is. Most of them are typically 120 to 128, somewhere along in there. But a few of them do go over that.
MR. LYNN: Correct. I would support that and I think that would make some kids make up their minds along with what mom and daddy do. I think that would be ... I could support that.
CHAIRMAN PHILLIPS: Any other members? Thank you, Mr. Lynn. The next candidate is Charles E. Moore from Woodruff.
CHARLES E. MOORE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Moore, do you have any health related problems that the committee should be made aware of?
MR. MOORE: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend this Board in full-time?
MR. MOORE: Yes, I would.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that would be a conflict of interest serving on the Clemson Board?
MR. MOORE: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public office that would constitute a dual office holding by being elected by the Clemson Board?
MR. MOORE: I have been elected to the School District Four Board but I don't feel there is any conflict there.
CHAIRMAN PHILLIPS: Member of School District Four?
MR. MOORE: Yes, sir. Public school.
CHAIRMAN PHILLIPS: Go ahead with your statement, sir.
MR. MOORE: Thank you for the honor of being here today. I'm offering to serve on the Clemson University Board of Trustees. I'm a native of Spartanburg. I graduated from Clemson Agricultural College in 1962 in mechanical engineering. I was also commissioned as the officer via the Clemson ROTC program in the United States Air Force. This was a defining moment in my life in Korea. I was selected for flight training in the Air Force and eventually became an F4 fighter pilot and served in Vietnam in 1968. While in the Air Force, I also earned a masters degree in management from Troy State University. After 20 years of Air Force service, I now live in Woodruff where for the last 15 years I own and manage an insurance agency. My degree and commission from Clemson has served me well across the United States and from Vietnam to Turkey. Although I was the first in my family to attend Clemson, my two brothers, my two sisters, numerous nieces and nephews and two of my sons have since greatly benefitted from their Clemson experience. I have served as an ambassador for Clemson throughout the years. It was always with great pride when living or traveling outside of South Carolina to see or hear of news of Clemson and to tell others about the Clemson
accomplishments whether it was research and development or classroom accomplishments, academics or athletics or its rating as one of the best universities in the South or the nation. Over the years my wife and I have contributed about 50,000 to the alumni association and IPTAY. I've been active in the Spartanburg County Clemson Club, served as president and been awarded the Super Tiger Award for my devotion to Clemson. In offering to serve on the Board of Trustees, I hope to use my experience in the military, world travel and business to continue the Clemson ideals and traditions.
CHAIRMAN PHILLIPS: Any committee members have any questions? Representative Gamble.
REPRESENTATIVE GAMBLE: Thank you. Mr. Moore, I have the same question that I have had with the others and that is my concern over the graduation rate. I'd like to get your views on the legislature maybe enacting a limit in the number of hours that we would subsidize.
MR. MOORE: You know, I've always been concerned about that. When I went to Clemson in '62, as I recall, there were 1,000 freshmen. I believe about 310 or something like that graduated. You know, in education it's always been an attitude, we'll throw it out and you students can get it whether you want it or if you really want it, you'll get it. I don't know what the solution to that problem is but I think a business approach and a motivation program for the students, maybe to find out whether they're motivated prior to entry. I know the standards are high now on the SAT test and after being very high in your high school class, but I think some type of motivation factor where the student wants to succeed and whether the University is just taking in a whole bunch of students and only planning to graduate a few.
REPRESENTATIVE GAMBLE: So, you would support the legislature moving toward a limit on the number of hours that the ...
MR. MOORE: A limit on the hours or years I think would be appropriate.
REPRESENTATIVE GAMBLE: Okay. Thank
REPRESENTATIVE LITTLEJOHN: You realize there may be a conflict?
CHAIRMAN PHILLIPS: Do you have any questions now? Mr. Moore, we opened filing for this seat in November. Were you elected to the school board in the November general election?
MR. MOORE: Yes.
CHAIRMAN PHILLIPS: You were a candidate at the time you filed with us and a candidate that was elected in the November 20th or whenever the election was in November, the general election in Spartanburg County?
MR. MOORE: I don't recall which one came first there. I believe I got my signatures and applied for the Clemson Board.
CHAIRMAN PHILLIPS: Our filing date was ... the filing deadline was the 15th and it was issued the 20th. I don't know what day was the election. But you were elected in '99?
MR. MOORE: Yes, sir.
CHAIRMAN PHILLIPS: The November general election of '99?
MR. MOORE: November. And I assumed ... the first Monday in December is when that term started.
CHAIRMAN PHILLIPS: Yes, sir.
REPRESENTATIVE GAMBLE: Mr. Chairman.
CHAIRMAN PHILLIPS: Yes, Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Moore, I'm a little bit confused now. So, you were just elected this past November and now you want to seek another position. I mean, can you give us some assurance that this is the one you really want?
MR. MOORE: Well, I don't plan on dropping the other one unless ...
REPRESENTATIVE GAMBLE: Oh, well, you would have to by law if you were elected ...
MR. MOORE: Is that right?
REPRESENTATIVE GAMBLE: ... to the Clemson Board to drop the other one. You cannot hold two positions that require an oath. And so I'm a little bit concerned, I mean you just ran for school board and immediately after being elected you're running for the Clemson Board?
MR. MOORE: Yes, I am.
REPRESENTATIVE GAMBLE: What assurance can you give us that in three months you're not going to be running for something different?
MR. MOORE: For Governor or something? I don't think I would this is ... well, I have no plans to do that.
CHAIRMAN PHILLIPS: So, if you were elected to this Board, you should stay on and be elected to this Board, you would resign the school district?
MR. MOORE: If that's a requirement, I would.
REPRESENTATIVE GAMBLE: Well, you couldn't hold two.
CHAIRMAN PHILLIPS: You would have to if you were elected.
MR. MOORE: I would do that. I would certainly resign if it's required.
CHAIRMAN PHILLIPS: From the district school board?
MR. MOORE: Yes, I would.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Mr. Moore.
MR. MOORE: Thank you.
CHAIRMAN PHILLIPS: The next candidate is William C. Smith, Jr. of Columbia.
WILLIAM C. SMITH, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: I'll ask you a couple of questions here. Since you were elected to the Clemson Board, are there any reason for you where you couldn't serve on the Board in full capacity in the future?
MR. SMITH: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, have you developed any kind of conflict of interest personally?
MR. SMITH: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any other public office since you've been elected to Clemson Board of Trustees, to prevent you from dual office holding?
MR. SMITH: No, sir.
CHAIRMAN PHILLIPS: You may go ahead, sir.
MR. SMITH: Thank you, Mr. Chairman and committee members. It is with great pleasure that I seek re-election to the Clemson University Board of Trustees. Serving on the Board these past four years has been a labor of love and an honor in which I take great pride. My decision to continue my service to Clemson University and the State of South Carolina is one based on my desire to dedicate my time and service to an institution that's been a big part of my life. I attended Clemson University on a football scholarship and was the starting defensive end on the 1981 National Championship Football Team. I was graduated in 1982 with a bachelor's degree in administrative management. Since graduation I have remained very active at Clemson reaching the pinnacle of my service to Clemson four years ago by being elected to the sacred position of Trustee. Recently my fellow board members elected me to serve as Vice Chairman of the Board. In addition, I'm involved with the Alumni Association, IPTAY, past board member of the Board of Visitors, Second Century Society, past board member of Tiger Letterman Association and the Columbia Clemson Club. Something that I am most proud of is the establishment of the William C. Smith, Jr. Family Scholarship Endowment. This endowment provides scholarships for
underprivileged South Carolina students to attend Clemson University. In closing, I know that I maintain the indispensable qualities to continue to be an effective Trustee for Clemson University. I possess enthusiasm, energy and tireless work ethic that will be beneficial as our State moves forward in establishing a vibrant higher education system. I look forward to the opportunity to continue contributing the strong foundation of values that have long been established at Clemson University.
CHAIRMAN PHILLIPS: Do the committee members have any questions for Mr. Smith? Dr. Gamble.
REPRESENTATIVE GAMBLE: Thank you, Mr. Chairman. Mr. Smith, I ask the same question of you as I've asked of the others and that is your thoughts on the graduation rates and your thoughts about the legislature doing something to enact legislation that basically would put a cap on the number of hours the State would be willing to subsidize?
MR. SMITH: I would certainly, Dr. Gamble, support any legislation that the General Assembly put forward limiting the number of credit hours or number of years. But I think we need to maybe regress a little bit from there and make sure that our students that go to our universities are better prepared. I think Clemson is recognized and is trying to make an effort to work with the various high schools around the State to make sure that our students are better prepared when they do go to college. I think, if you'll look at typically the first semester of the first year is really when our students struggle the most and typically get behind. And I think if we can better prepare our students to attend college and to take the courses and to study in college, hopefully that alone with some of the ideas that you brought up will remedy this situation.
REPRESENTATIVE GAMBLE: It is an area that I have a lot of concern about and I do think that we are doing more in our high schools than we've ever done before. We have the school to work programs in place where we're exposing children to different occupations. They're going out doing internships even in high school.
MR. SMITH: That's right.
REPRESENTATIVE GAMBLE: So, I am hoping that they are arriving at the college doors with a better idea of what they want to do. But I am concerned that somehow or another they just aren't getting it done in four years or 120 or 30 or 40 hours.
MR. SMITH: Yes, ma'am. I agree.
REPRESENTATIVE GAMBLE: But you would support that. Now, can you elaborate a little bit more when you say we should ... you would like to see more done to prepare them. I mean, Clemson has most probably and I've got the information here, if I could find it, your average SAT score on your students who enter Clemson is a lot higher than say it is at most probably our four year colleges in the State. So, you are most probably getting really really top students.
MR. SMITH: We are.
REPRESENTATIVE GAMBLE: You're not getting the student who was maybe the ...
MR. SMITH: And Clemson has either a year or two years ago, has raised the standards of applicants that we will accept at Clemson and we felt that it's our role if we're going to raise the bar, we need to go and do some work in the high schools and even before then to help better prepare these students to meet the challenges of college life. And we have some programs that we are trying to pull together now to do that with. But it's a concern. And I share it with the General Assembly the concern and the amount of dollars that are going in for students to attend universities five or six years before they graduate, get their undergraduate degree. So, I think there is a combination there. And I know Clemson University will certainly be willing to work with the General Assembly to make sure that we find a solution to a concern that we all have.
REPRESENTATIVE GAMBLE: What committees do you serve on within your Board structure?
MR. SMITH: Currently I am Chairman of Student Affairs Committee which is, I think, one of the most cherished committees because if it weren't for the students, we wouldn't have our colleges and universities. I just was elected to serve on that as Chairperson. I also serve on Institutional Advancement. I've also served as Vice Chairman of the Budget and Finance Committee, Educational Policy Committee and the Agricultural and Natural Resources Committee.
REPRESENTATIVE GAMBLE: I'm assuming you all have a committee that addresses building needs?
MR. SMITH: That's typically handled in budget and finance.
REPRESENTATIVE GAMBLE: Budget and finance.
MR. SMITH: Yes, ma'am.
REPRESENTATIVE GAMBLE: Another concern that I had and I wish that I had asked Dr. Lynn, since he is an incumbent as well. Is the growing need of colleges and universities for deferred maintenance funds, and I'm very sympathetic to that, extremely sympathetic to that. But I want to know what your thoughts are on giving priority to deferred maintenance over new construction because I am seeing instances where colleges are growing with new buildings, but I'm concerned that the maintenance is being neglected. And I'm not so sure that's a wise move to add new buildings to your property when you
MR. SMITH: That's a ... that's a very very good question and it's something that we've over the last two years have addressed at Clemson. You'll probably notice that it was in the newspapers several weeks ago that we had quite a substantial housing rate increase. And what had happened and the reason for that is that we've taken a lot of our housing improvement funds and we've taken care of a lot of deferred maintenance particularly life safety issues. We felt that was extremely important to make sure that ... all of our buildings are not sprinklered but most of the ones, the highrises are sprinklered now at Clemson. And we wanted to make sure the safety of our students were dealt with first. And now we are taking care of a lot of the ongoing maintenance issues, deferred maintenance issues. And that was the reason for the increase because we had depleted our slush fund so to speak to take care of deferred maintenance items. And therefore, we had to raise the housing fee accordingly. But a very good concern and we are trying and, I think, we've got most all of the deferred maintenance items at least caught up to speed. We still have a few things outstanding. But ...
REPRESENTATIVE GAMBLE: I'm looking at the list that you all submitted to the CHE and there's an item here, a municipal complex, and it got a very low rating from CHE and it's my
understanding that your rating was determined by a variety of factors but among those was would say if it was an addition, was it actually going to replace space that had a deferred maintenance need. Can you even tell me what a municipal complex is at Clemson?
MR. SMITH: I'm not ... I'm not sure what that actual facility is myself.
REPRESENTATIVE GAMBLE: Well, I was just thrown aback that there would be a municipal complex on you all's campus.
MR. SMITH: Clemson ... Clemson University ... I'll try to answer that. Clemson University has its own fire department and has its own police department, runs as a municipality itself. And therefore, we may be a little bit different than say South Carolina or some of the other universities and colleges is that we are self- supporting from that standpoint. As a matter of fact, Clemson ... the City of Clemson uses a lot of the services that we have at Clemson University just because we're better able to keep up with the fire departments, the police departments and so forth than the actual City itself. So, that may be the reason for the complex.
CHAIRMAN PHILLIPS: Any other questions? Senator Giese.
SENATOR GIESE: Mr. Chairman, about three months ago or four months ago, I received a visit from one of your institutional officers to let me know that your Board of Trustees had decided to place up for sale some 300 acres here in Columbia. The 300 acres happened to be surrounded on two sides by residential areas ...
MR. SMITH: Yes, sir.
SENATOR GIESE: ... and it's aroused a tremendous amount of interest. It's quite coincidental that this evening I'm attending a meeting that there will be several hundred people and 27 homeowners associations, all very very upset, at least that's what I've been told to expect, about this so called development of 300 acres. And you may already know this, but way back when Clemson purchased some 900 acres out there, bisected by Clemson Road, one of our mostly heavily traveled roads for $6,000.00. Because my first question was how could Clemson be ... and as you recall the Board of Trustees set a $13,500,000.00 minimum bid on this particular property. I was also told that the winning bidder's responsibility would be contingent on the City or County changing the zoning from what it was to some C3 which would allow the building of a shopping center in the middle of this area. The use for the money, I said what are you going to use the money for, it was to build buildings which Representative Gamble just questioned you about the need for buildings and so on. Well, it's always been my impression that when Clemson or Carolina or the Medical University or other colleges and universities have a true need for building, we've been responsible. We've responded during one of the ... every two years a bond program. And it just doesn't seem to really make a lot of sense that Clemson would sell something, 300 acres in there in the middle of this developing residential area. Do you have anything you would ... and it may be that ... because we had a difficult time finding out first ... found out two days ago after three months who the winning bidder was and at this moment I don't know what they actually bid on it. But what's going on?
MR. SMITH: What Clemson ... let me try to address this and we're trying to raise money and the money is going back into, you're correct, to a new facility at Sandhills. If you've been out at Sandhills recently, it's a pretty run down area. Clemson is real big into research. The dollars that could be raised from this land sale and again it is not complete because it is subject to a rezoning and if the rezoning does not take place the land sale will not go through. Part of the monies will go back into scholarships for the area. There is a plan that's been put together and I'd be glad to share that plan. It just got approved at the last Board meeting. The monies would go back into a new facility so that we wouldn't have to come to the State and ask for more monies from the State. And what Clemson has tried to do, we have vast landholdings throughout the State and anytime that we sell land we try to either put that back into scholarships or put that back into building improvements so that we don't have to burden the State and come to you all and say we need another building; we need to raise some more money through bonds. This would be funds that were raised from this sale would actually go back into this facility. And I believe we have the community support for the facility and for what we are trying to do with the scholarships. I think probably maybe the rub that has come a little bit is the neighborhood isn't necessarily wanting a shopping center or something to go next to the residential area. And that's where the sort of the rub is.
SENATOR GIESE: One of the real problems is that you didn't take into consideration, at least in the presentation, that we're just spending $8,000,000.00 to widen Clemson Road to take care of the traffic we have there now and put a huge shopping center in there is going to ... it only has one way to get out and that's on Clemson Road.
MR. SMITH: Sure.
SENATOR GIESE: You go across the railroad track and that torturous Rhame Road that goes next to it is not any place that you can spill traffic. But I'm happy to hear that because tonight I will report to the group that you have an additional bit of information available.
MR. SMITH: And sir, I'll be glad to get the full blown proposal to you so you can see it in detail. I didn't explain it very well. I don't have it in front of me.
SENATOR GIESE: Can you get it today?
MR. SMITH: I'll do my very best to do that, yes, sir.
SENATOR GIESE: Good, thank you.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Mr. Smith.
MR. SMITH: Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: Next is Allen ... Allen Wood. Mr. Wood is from Florence and now is an incumbent.
ALLEN P. WOOD, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Wood, do you have any health related problems that's come up since your last election to the Clemson Board of Trustees, that would prevent you from continuing serving in a full capacity?
MR. WOOD: No, I do not.
CHAIRMAN PHILLIPS: Considering your present occupation, would it pose any kind of conflict of interest that would personally or business likely cause a conflict of interest?
MR. WOOD: No, sir.
CHAIRMAN PHILLIPS: Have you accepted any kind of or been elected to any kind of position other than the Clemson Board of Trustees since your last election?
MR. WOOD: No.
CHAIRMAN PHILLIPS: Thank you, sir. You may issue your statement.
MR. WOOD: I sent the Committee a copy of my testimony when I signed to run for the Clemson Board again. I have served 12 years. I have been the Chairman of Agriculture Committee, the Student Affairs Committee. I have served a term as Vice Chairman of the Committee. And while I've been a Trustee I've established two scholarships. One in the College of Architecture and another scholarship that is exploratory for minorities who are interested in the field of architecture. I have contributed to all of the fund raising organizations at Clemson, the Alumni Association, IPTAY. I have been honored by being selected a distinguished alumni of Clemson University. I am the only architect on the committee. I am very interested in that area and I would very much enjoy continuing to serve another term. In the past couple of months we have elected a new president. He is also an architectural graduate. I am very excited about that. He is the first architect to be selected to be the president of a major university in the United States. He is a man of vision. I look forward to his service and serving on the Board while he is president. Also we're in a major fundraising campaign. It is very successful and we look like we are going to exceed our goal probably in the neighborhood of 50 to 60,000,000. We've already exceeded our goal and we're upping the limits. So, we at Clemson are very excited about the future and I would love to continue to serve another term. I consider my service on the Clemson Board of Trustees a sacred trust. And with that, I'll be glad to respond to any questions that you may have.
CHAIRMAN PHILLIPS: Dr. Margaret Gamble.
REPRESENTATIVE GAMBLE: Thank you, Mr. Chairman. Mr. Wood, I have the same question of you that I've had of the others and that is your thoughts on the State at some point limiting the number of hours that we're willing to subsidize and I'm thinking something in the neighborhood of 140. But something maybe to serve as a bit of motivation for people to graduate.
MR. WOOD: The ... as they say, Representative Gamble, the devil is in the details. I would in concept, I could support that. I think it's an area that is very sensitive to other factors. One of the most difficult majors to get into at Clemson ... you cannot be accepted to Clemson until you're accepted into a major. The most difficult major to get into at Clemson is architecture and that's because a lot of people ... young people, especially women, are very interested in architecture. They cannot get into architecture. So, what they do is they go into another major just to get accepted. They will accept anything, any major at all just to get into Clemson. Clemson is the only school of architecture in the State. Hoping that once they get in that if they do good enough and demonstrate that they can handle college work, then they transfer into architecture. So, that takes a year. And if my memory serves me correct, about a year or so ago, in the State Paper, I think, Clemson had over a five year period had the second highest graduation rate of any university in South Carolina. I think that concept would have a greater impact on other universities than Clemson. It's very interesting to me, if you look at the data, that as you said and I think Bill Smith said Clemson University has some of the highest SAT's in the state. But if you look at our ... and compare Clemson to the other ACC schools, our SAT rate is the lowest in the ACC. Even though we can say with pride ours is one of the highest in the State. But compared to all the other schools in the ACC, we're on the bottom. Then you say how ... why? You look at two thirds or 35 percent of our student body comes from South Carolina and everybody knows the level of public education in South Carolina as compared to the rest of the nation. So, I think we have to be very sensitive about when we set these that they have some flexibility. They have some lead time. I would support it if nothing else that it would raise the standards to a higher degree. But, I think it needs to be over a period of time where somebody in the eighth grade knows that this is what the situation is going to be when they graduate from high school. If it's too quick, I think it's going to be very difficult for a lot of the people that are taxpayers of South Carolina.
REPRESENTATIVE GAMBLE: How many credit hours are required to graduate with a degree in architecture?
MR. WOOD: In architecture?
REPRESENTATIVE GAMBLE: Yes.
MR. WOOD: Now, I think, it's ... we ... the degree program has been changed somewhat in the last ten years. It used to be a five year program. My degree is a five year degree. It's ... at that time and today it's considered a professional degree. To become a registered architect you have to have a registered ... I mean, a professional accredited degree in that field.
REPRESENTATIVE GAMBLE: How many of you all's incoming freshman do you accept in your architecture program? I know you're saying a lot of them are transferring in because they come in and maybe they don't have the grades or whatnot but I assume ...
MR. WOOD: I think that
REPRESENTATIVE GAMBLE: ... are some that you take in their freshman year.
MR. WOOD: I think they take in around 100 or 125 a year freshmen.
REPRESENTATIVE GAMBLE: And then what's your attrition rate? How many of those fizzle out, don't even make it in architecture? Do you know that?
MR. WOOD: I do not know that. Clemson's architectural program is that ... that department now includes architecture, horticulture ... I mean, landscape design, city and regional planning, healthcare architecture and building science. So there's ... and they can transfer in those programs which all of them have ... because it's all in the same department still has that difficulty of getting in. But usually if they go into a degree program that say has a low student ratio to faculty, they're encouraged or that is a suggestion for them to do that so that that program will have enough students. And then once they get in they move into architecture. A lot of the architectural students find after they are in architecture for a year they don't, you know, that's a field that they don't want to be, so they transfer into building science. I think that a college education, part of it is learning what you want to do with your life. And I think these students have to have an opportunity to make those decisions once they get there. No matter what we do as a preparatory, most of the programs have these preparatory high school, I mean, summer programs where you can go if you're interested in any ... and it's kind of like a summer camp, you can go for two or three weeks, to help them make a decision so that there will be less changing of majors. Some of the other majors ... the national average for students changing majors is about two and a half times or something in that range ... changing majors.
REPRESENTATIVE GAMBLE: Are you on the budget committee?
MR. WOOD: I have been. I'm not currently.
REPRESENTATIVE GAMBLE: So, my question a little earlier about facilities' needs or requests that we get for new construction from the colleges when there is tremendous need out there for deferred maintenance, what are your thoughts on that? What do you think about ... and I say this because it's my understanding that in the State of Virginia that you cannot ask for dollars for new construction until you have evidence that you have been able to meet your deferred maintenance needs. What are your thoughts on that?
MR. WOOD: My thoughts are very similar to yours in that Clemson has recognized and has been a leader before the CHE for monies for maintenance. That is a critical need not only at Clemson but at all our universities is maintenance money. And that money does not receive the glamour or the push or the emphasis that say a new building does. A lot of ... some of the buildings that we're doing at Clemson now, a lot of the money is coming from out ... not from the legislature but from others that are giving -- alumni, others interested to build a building.
REPRESENTATIVE GAMBLE: If the legislature were to enact something that says when you make a request to CHE for new construction you should have evidence that you were able to meet your deferred maintenance needs, what would your thoughts be on that?
MR. WOOD: I think we have done a good job and that we have set aside money for maintenance. We have ... you don't change directions overnight. We have ... my colleague on the Board, Joe Swan, that has been an emphasis of his for the last seven or eight years to set aside and he brought that issue before the Board and we have in place a system to increase money for maintenance. And as Bill Smith said, to bring our buildings up to standards as far as life safety. That has been the first priority -- removing asbestos, sprinkler systems, accessibility. Those were the first priorities. Roofing. But there is a designated part of our budget for deferred maintenance.
REPRESENTATIVE GAMBLE: And I assume you are saying when you're saying a designated part of your budget that you're designating a part of your tuition revenue as well as your appropriated money?
MR. WOOD: I think it mostly comes from appropriated money.
SENATOR GIESE: Mr. Chairman.
CHAIRMAN PHILLIPS: Yes, sir, Senator Giese.
SENATOR GIESE: Mr. Chairman, it's been quite obvious that one of the issues is, I think we're asking you about is the rate ... the graduation rate. I've had the opportunity of spending my entire working life from 1948 through 1984, that's 36 years, working at the college level in institutions of the University of Maryland, the University of South Carolina. Back in 1948 through 1960 the requirement for graduation almost all curricula was 120 hours, 15 hours, eight semesters and you graduated. What's happened is that and certainly the very technical education that you people offer in architecture and engineering and so on also offered engineering and so on at the University, pre-med et cetera, they've increased the number of credits so that we now have ... it's not unusual to have 136 hours or 140 hours is the number you're mentioning, just the bare minimum for graduation. And so if you miss a course and one of the things when it's as crowded as the universities are is that you can't schedule all the courses that you absolutely need to have the 15 or the 17 or the 18 hours a semester and consequently a student has a choice of either going to summer school which he can make up ... which increases the cost of his education. But a lot of that has been brought on by the faculty which approve these increased number of hours that various specialties like architecture or engineering insist on having in the undergraduate curriculum. So, part of that is brought on because of the increased demand for technology and information and also we have to recall how often people change their majors. Once you change your major you in effect lose some of the technical courses because you have to take other technical courses to replace them. So, it's really a big problem. And I think it lies at the basis of the financing of ... because every student that stays an extra year, it's costing the State subsidy of, depending on what school you're at, the longer you stay the more the taxpayers have to make up for your length of stay. I would think that that's a plausible explanation for one of the problems we have with more than four years.
MR. WOOD: Well, Senator, I think and there's for every case there's ... I mean, for every ... there's ... all these are individual situations of course and they all show up as a ... in data. But there's a lot of reasons just as we both spoke to. But in addition to that, when I went to Clemson I never wanted to leave because it was such a good environment, I think. And I think you see a lot of students today that realize that once they graduate, it's not going to be near as much fun as they're having then or having in college. The lifestyle, not just the being a party school or party animal or the social life, to go out in the world and do 9:00 to 5:00 is not near as much fun as being a college student. So, there is a reluctance to leave or to graduate quickly. A lot of these students take a year off to go to another country, to New Zealand, Australia, to Europe and to study in a foreign ... a foreign city that sometimes they get credit for that work that comes back. Sometimes it ... they don't. It just depends upon the situation. They want to take a year off and the ... I think I'm right in saying that the so called traditional student, that number or that percentage is dwindling. As we go on I think you will see that as part of a minority of the student body what is called the traditional student. Some students graduate from high school and wait a year and go out and work before they start school. So, it's ... the role of higher education as far as preparing people for society is always changing.
REPRESENTATIVE GAMBLE: I'd just like to add one other comment. I mean, I understand what you're saying but if we would approach this from the number of credit hours that we're willing to subsidize, that really doesn't have any impact or the fact that somebody took a year after they graduated from high school and didn't come to college or the fact that they are attending college on a part-time basis or that they took a year off and went to a foreign country. If the State were to say, you know, we will only subsidize with State appropriated money 140 hours or so, then all those other factors really don't have a part in it. Would you agree with that?
MR. WOOD: I agree with that. And I can support your concept. I don't think with all candor that it will have a tremendous impact of getting students in and out of college any quicker.
REPRESENTATIVE GAMBLE: It might not get in and out any quicker but they'll certainly get in and out with less cost to the State.
MR. WOOD: That's true. That's true.
CHAIRMAN PHILLIPS: I'd like to welcome Senator Joe Wilson from Lexington to the committee. Senator Wilson.
SENATOR WILSON: Thank you. Mr. Wood, I really appreciate your positive attitude about a four year graduation rate. I think it's very important. I appreciate that I had a son who understood the importance of a four year graduation at Francis Marion University. I appreciate Gail Richardson, Alex Kiriakides, people like that serving on that board and they have done an excellent job and with their new leader Dr. Fred Carter I'm sure it will be even to a greater fulfillment. To urge people for a ... to create an environment for a four year graduation rate, I have a new interest in Clemson University in that I have a incoming freshman this year and I want him to graduate in four years because I think it's good for the student. I think it's good for the family. I think it's good for the taxpayers of South Carolina. And so I hope you all will keep an emphasis in a positive way to encourage students to achieve all they can in four years and then if they want to attend graduate school or whatever it takes.
MR. WOOD: If I'm re-elected, Senator, my term will begin when he enters Clemson and so I will follow his four year experience.
SENATOR WILSON: Obviously, no pressure on this child, but I want him closely monitored.
REPRESENTATIVE LITTLEJOHN: Mr. Wood, correct me if I'm wrong please but you made a statement about the reason the SAT's at Clemson were down because of the students in South Carolina as not being as good as students in other states. Is that what you said or meant?
MR. WOOD: I think nationally South Carolina's SATs nationally are either the second lowest or the third lowest in the United States. I think that's correct.
REPRESENTATIVE LITTLEJOHN: I think the problem is higher ed is not attracting and keeping the good students of South Carolina. We have just as good students as anyone. We're not doing the job at keeping our students in South Carolina, at USC or Clemson. Would you agree to that?
MR. WOOD: I think ...
REPRESENTATIVE LITTLEJOHN: Is that why our SATs are down and not because we have poor students?
MR. WOOD: The scholarships that are available at State supported universities in South Carolina is one of the lowest in the country. There are more scholarships and better scholarships at Duke University, the University of North Carolina, Georgia Tech and others that give not only a full scholarship and room and board, books and tuition but also spending money in larger quantities than the State supported institutions in South Carolina have money to give. We see that as a problem. We're addressing that. Most of our fundraising effort is directed towards scholarships. We have 30, this past weekend, we have the 30 ... it was an article in the State Paper. There were 30 of the highest SAT students in South Carolina on Clemson University's campus this past weekend. And we were doing our best, the president met with them, the deans met with them. We were recruiting them harder than we recruit football players or just as hard to keep those 30 best high school students from the State of South Carolina in South Carolina. So, we see that as an issue. We're doing what we can or we're trying to address that issue. We have seen that as an issue for a long time that there was somewhat of a so called brain drain from the State of South Carolina to keep the best students from South Carolina from leaving the State. I think if you look at what was happening at the Governor's School with their graduates, the majority of them were going to Princeton, Stanford, Yale, Georgia Tech. There is a ... I kind of enjoyed seeing it but there is a rivalry between the University of South Carolina and Clemson to see how many ... who can get the most graduates out of the Governor's School. So there is competition going on to attract and try to keep the best students in South Carolina at our public supported universities.
REPRESENTATIVE LITTLEJOHN: So, you do agree that our students are as good as anyone else?
MR. WOOD: I agree that our students are just as good as anyone else's. But still our SATs ... because in South Carolina everybody takes the SAT. In other states not everybody takes the SAT.
REPRESENTATIVE GAMBLE: Mr. Chairman.
CHAIRMAN PHILLIPS: Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Wood, you've opened up a new can of worms. You talked about you think the State should do whatever it can to keep our best and brightest in our State. Do you really believe that we should do whatever?
MR. WOOD: I believe ...
REPRESENTATIVE GAMBLE: And I ask that because every year we are lobbied extensively to appropriate 82 percent of the Palmetto Fellows money to force our best and brightest to choose between a public college. And I have had complaints from parents who told me, "My child wants to go to Furman, my child wants to go to Wofford." Those seem to be the two schools I get more comments about. Yet the public colleges insist every year that we give 82 percent of that money to public colleges. Would you not agree that if we let the student select which college in the State they wanted to ... we let our best and brightest select that we would keep more of our best and brightest in our State?
MR. WOOD: The students I was referring to, Ms. Gamble, is the students that can go anywhere. The students that we ... that I was talking about, the students that no matter what school they choose they will get a full scholarship. No matter what school in the United States, those were the students when I said the best and brightest that I was referring to. The students that have 1,400 or 1,500 on the SAT that they will probably have a scholarship to almost any school that they want to go to.
REPRESENTATIVE GAMBLE: But still along those same lines and I use the Life Scholarship data to tie this point in and that is with Life Scholarship money, that money is given to the student. That money does not have to meet any ratio formula as far as what school it goes to, public or a private school. And the data that was given to me most recently by CHE, 22 percent, a little over 22 percent of the students who have Life Scholarships are choosing a private institution. If we were using that same formula that we use on Palmetto Fellows we would be cutting out more percent of the people who are even eligible for Life Scholarship. I mean, I don't think it's any huge number. I mean, I don't think it's a number that would threaten any college in this State. But I do get complaints every year from at least a few parents who say, you know, my child scored such and such on the SAT and such and such on the ... had a ranking in the class of this and yet my child didn't make that first cut to choose to go to Furman or Wofford and now my child is going to Washington and Lee because they feel like if they have to pay for all of it out of their pocket they would just as soon let them go wherever they want to go. So, what are your thoughts on that? These are our top students. They may not be the 1,400 and 1,500 SAT students. But they're still top students.
MR. WOOD: Well, I would ... I would have no problem with a person who is a recipient to choose any school that they want to go to as long as it was in the State.
REPRESENTATIVE GAMBLE: So, you would have no problem with us changing the Palmetto Fellows program such that a student could apply to be a Palmetto Fellow and if they chose to go to Wofford or Furman that they could go to Wofford or Furman that they would not be forced into one of the public colleges?
MR. WOOD: I'll have no problem with that.
SENATOR WILSON: Mr. Chairman.
CHAIRMAN PHILLIPS: Mr. Wilson.
SENATOR WILSON: I'd like to thank Representative Gamble for bringing this issue up and fully explaining it and Senator Giese had referenced it too. But this is a real problem that I think should be addressed. The Life Scholarship is one that does encourage students to stay in South Carolina. I was just mentioning that to Senator Giese. That was not the intent necessarily of that scholarship program. But I know in my community it's had that effect. But the Palmetto Fellows scholarships were intended to try to keep our best and brightest in South Carolina. But by having this percentage where you have to preselect where you're going ... if you're going to go public or private we've had a number of students, hundreds of students who are the best and brightest get caught in the crack in that they missed ... they didn't put which category that they could get into and so they lost out. And so it really does bother me and I would hope that particularly the people who are here today, that the lobbyist on behalf of the state institutions would reconsider what they're doing and let's open up this process so that people can choose and it should be for the student and not for the institutions that the scholarships are being provided. And so again, the bottom line would you be working to open up, and I think you've already stated it, but to open up the Palmetto Fellows program to students choosing whichever in-state institution they want to attend?
MR. WOOD: I would support that.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Mr. Wood.
MR. WOOD: Thank you.
CHAIRMAN PHILLIPS: After hearing all the candidates, what is the pleasure of the committee?
REPRESENTATIVE GAMBLE: I make a motion that we find the candidates qualified.
SENATOR WILSON: Second.
CHAIRMAN PHILLIPS: All in favor signal by saying aye. (ALL IN FAVOR)
CHAIRMAN PHILLIPS: Therefore, all of the candidates that we've just screened are now qualified. Again, I want to urge you though, until we release the screening report to the members of the General Assembly you cannot solicit votes. Please don't get caught in that trap. Do not solicit any votes until the screening report is completed, released to the General Assembly in the journal. The following day after that at 11:00 you may receive votes. Yes, sir, Mr. Smith.
MR. SMITH: Mr. Chairman, will you do one consolidated report based on this group and next Monday's group?
CHAIRMAN PHILLIPS: That's right. One report will be in the journal.
MR. SMITH: One consolidated report.
CHAIRMAN PHILLIPS: Everybody's will be in the journal at the same time.
MR. SMITH: Thank you.
CHAIRMAN PHILLIPS: Thank you. Next we have the College of Charleston, six congressional seats and one at large. District number two ... the first district, seat two, L. Cherry Daniel from Charleston.
L. CHERRY DANIEL, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Ms. Daniel, do you have any health related problems that we should be made aware of?
MS. DANIEL: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and serving on the Board, is there anything that would keep you from serving on a regular basis in the future?
MS. DANIEL: No, sir.
CHAIRMAN PHILLIPS: Do you have any interest that has come up since you were elected last that would cause a conflict of interest?
MS. DANIEL: No, sir.
CHAIRMAN PHILLIPS: Do you hold any other public office since being elected to the College of Charleston Board ...
MS. DANIEL: No, sir.
CHAIRMAN PHILLIPS: ... that would constitute dual office holding? You may proceed.
MS. DANIEL: Thank you, very much. This is my first term on the Board of the College of Charleston. I've really enjoyed it. I'm a graduate of the College of Charleston. It's a very exciting yet challenging time to be in education, particularly in higher education. The College of Charleston as you know is an outstanding institution of higher learning and as a professional educator I'll continue to guide it and direct it with the most recent challenge to improve teacher quality in South Carolina. As the only professional educator serving on the Board, I hope to assist with that challenge.
CHAIRMAN PHILLIPS: Any questions from any of the members of the committee?
REPRESENTATIVE GAMBLE: Mr. Chairman.
CHAIRMAN PHILLIPS: Dr. Gamble.
REPRESENTATIVE GAMBLE: I have the same question of Dr. Daniel that I had of the others. I'd like your thoughts on the graduation rate and your thoughts on the State at some point putting a limit on the number of credit hours in which we're willing to subsidize, whether it be 140 or something in that neighborhood. What are your thoughts on that?
MS. DANIEL: I think it's a reasonable request, particularly as spiraling costs of education continues to escalate at an alarming trend. I think that we have to look at that. I was a five year student myself. I'm one of seven children. My situation was a little bit different because I worked my way through school. So, it did take me five years. But even the ... if you put a cap on a certain number of hours, I think that would be reasonable because it still wouldn't hurt people like myself that went and worked their way through school.
REPRESENTATIVE GAMBLE: Right, because we would be approaching it from the credit hours ...
MS. DANIEL: Exactly.
REPRESENTATIVE GAMBLE: ... standpoint and not the number of years. So that those students ...
MS. DANIEL: Exactly.
REPRESENTATIVE GAMBLE: ... who are part-time students are not penalized by that.
MS. DANIEL: Right.
REPRESENTATIVE GAMBLE: Another question that I asked those earlier who are incumbents and since you are an incumbent, your thoughts along the line of requesting money for new construction when you have deferred maintenance needs that are outstanding and looking at the list from CHE, you all have several requests that you have given them this year. One of them got a really low rating and that was the Stern Student Center and the others ... I'm not sure how high the scale went but the science building got the highest rating of all. So, obviously that's a tremendous need that you all have. What are your thoughts because I have a real concern as I see more and more requests come in for new construction from colleges yet there's deferred maintenance needs out there that have not been attended to and I'm concerned that, you know, they're growing the number of buildings yet, you know, neglecting some that have real needs.
MS. DANIEL: Good ... that's a good point and you're right, we are continuing ... we continue to have tremendous needs. I know at the College. I can't speak for other places but I know at the College we continue to have. And I think we're conservative on our approach to it. I'm not on the facilities committee. I work with several of my colleagues who are on the committee and that is a tremendous challenge. We have to look at those first before we continue to ask for more monies for new construction. I agree. The science center, I just recently took a tour of that and I can understand why it ranked high. It really needs a lot of attention.
REPRESENTATIVE GAMBLE: And it's my understanding that those facilities that got a high rating, the new facility will actually be replacing a building or a site that had tremendous deferred maintenance needs. So, basically you're putting in new construction but you're taking out of the system.
MS. DANIEL: No, ma'am. Not ... not with this particular building.
REPRESENTATIVE GAMBLE: Well, but you're taking away the deferred maintenance need.
MS. DANIEL: Yes.
REPRESENTATIVE GAMBLE: In other words, you're building something new.
MS. DANIEL: Yes.
REPRESENTATIVE GAMBLE: But you are eliminating the deferred maintenance need. So, you are also obviously renovating to the extent...
MS. DANIEL: Yes.
REPRESENTATIVE GAMBLE: ...that you will have no deferred maintenance need. That's what my understanding is.
MS. DANIEL: Right. Right.
REPRESENTATIVE GAMBLE: The other question I want to ask and this is tied in since we brought this up with the last, with Mr. Wood, that was up here. That is your thoughts on the Palmetto Fellows program, about us allowing students and those are our best and brightest in the State, and as Senator Wilson alluded to a little earlier, the whole premise behind that program was that it was designed to keep our best and brightest students in South Carolina. The College of Charleston is an excellent school. I think all of our colleges are excellent colleges so I don't say this as if I think they should be ...
MS. DANIEL: Right.
REPRESENTATIVE GAMBLE: ... choosing one college over the other, but Furman and Wofford just seem to be colleges that I get more comments about that, you know, my child wanted to go to Furman, they wanted to go to Wofford and they couldn't go because the 18 percent of private money was exhausted. What are your thoughts on that on allowing the money to follow the best and brightest students in the State and not necessarily be allocated to a public college?
MS. DANIEL: You're correct. We have to be able to keep the best and brightest, I think, that is one strategy you could look at.
REPRESENTATIVE GAMBLE: So, you would support the State moving in that direction?
MS. DANIEL: Uh-huh (affirmative response).
CHAIRMAN PHILLIPS: Other committee members? Thank you, Ms. Daniel. Second district seat four, Joel H. Smith of Columbia.
JOEL H. SMITH, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Joel, since the election do you have any health related problems that the Committee may be made aware of at this time?
MR. SMITH: No, Mr. Chairman.
CHAIRMAN PHILLIPS: Considering your present occupation and further activities, will you be able to attend the Board meetings on a regular basis?
MR. SMITH: I am, Your Honor. I'm a lawyer, excuse me.
CHAIRMAN PHILLIPS: Do you have any interest professionally or personally that causes a conflict now by serving on this board?
MR. SMITH: No conflict.
CHAIRMAN PHILLIPS: Do you hold any other elected office which may constitute dual office holder?
MR. SMITH: I do not.
CHAIRMAN PHILLIPS: You may proceed with your statement.
MR. SMITH: I've served on the Board since it was formed in 1988 and as its Chairman for the last six years or I'm in the sixth year as its Chairman. We have been blessed at the College with wonderful leadership. Harry Lightsey and Alex Sanders have both been presidents since I have been on that Board. So, we've only had two presidents since I've been there. And I have been impressed with the way that they have been fiscally responsible not only with the dollars that we get from here but also the dollars that come out of parents pockets and students pockets and have also been impressed with the ability the College has had while growing to maintain a superior educational product. I'm very pleased to have had the opportunity to serve on the Board and look forward hopefully to a fourth term.
CHAIRMAN PHILLIPS: Committee members have any questions? Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Chairman, I have the same questions of Mr. Smith that I've had of the others. I want your thoughts on the State at some point in time limiting the numbers of hours that we'd be willing to subsidize and, I mean, you heard the other questions.
MR. SMITH: Sure.
REPRESENTATIVE GAMBLE: If you want to just expand and the issue of new construction versus deferred maintenance and then also the Palmetto Fellows program ...
MR. SMITH: Okay.
REPRESENTATIVE GAMBLE: ... as to what your thoughts might be on us allowing that money to follow the best and brightest student as opposed to arbitrarily allocating it to public versus private college.
MR. SMITH: Dr. Gamble, let me start first with the deferred maintenance issue because that's an important thing. Our facilities' financial priorities come in two categories. One is deferred maintenance category and the other is what we sort have been talking about here is competitiveness. We want ... we need to in order to attract a good student from South Carolina, the good student from anywhere, to have the ability to continue to improve and upgrade our buildings. For example the Stern Student Center which you mentioned which did not get a high rating in the current list of projects. The Stern Student Center went on- line in 1974 when I was a freshman at the College of Charleston, when we had about 5,000 students. It's half the size it needs to be now and it has tremendous deferred maintenance problems. So, there's a ... there's a project that in order to attract a new high school senior to the College of Charleston when he's there or she's there this week looking trying to make her choice. If I'm going to have a competitive college if I'm going to attract the students that we all want to attract, I've got to continue to improve my facility and I've got to continue to upgrade my science building and all of those things. At the same time I've got this tremendous deferred maintenance problem. So, would it be a good idea now after we as a State have not put the priority on higher education that Virginia has or that North Carolina has to say to the schools who have been balancing this set of priorities you don't get any more new building money until you have fixed up your old buildings. What that will do is destroy our competitiveness. What that will do is say it will tie a hand behind our back. Virginia, North Carolina, Georgia, they've been putting enough money in higher education for many years to allow a school ... to allow a legislature to say to a school keep everything fixed or you don't get anything new. And we haven't done that frankly. I mean, everybody knows we ... our ... our legislative dollar has traditionally not gone to higher education the way legislative dollars have gone in other states. So, it would be, I think, not looking back and only looking forward, if we made a decision today that would say because you haven't had enough money to be both competitive and to keep your buildings in repair in the past that now you have to keep your buildings in repair or you lose your ... and you will lose some element of your competitiveness. It's a very difficult and ... a difficult problem that has occurred over time, not one that can be fixed with one decision to fix everything or get nothing new.
REPRESENTATIVE GAMBLE: But would you not agree though, I mean, some of these things are just basic needs? If you don't maintain the buildings you have yet you're adding new buildings to your property, you know, in ten years you have even more deferred maintenance needs. And when you talk about students coming on campus, I mean, I can't agree with you more and I'll share a story that I probably shouldn't share with you. But I was talking to someone from our facilities office over at USC just recently about some deferred maintenance needs and he was talking about how important it was to have good facilities and everything needed to be pleasing to the eye to students who come on campus.
MR. SMITH: Certainly.
REPRESENTATIVE GAMBLE: He talked about there are four different types of bricks laid around the Horseshoe and that they all need to have the same types of brick. I mean, you know, that the walk needs to be made of the same type of brick. And my comment was I don't want to find any new bricks being laid over there until I see some of these deferred maintenance needs, you know, addressed. Because, I mean, that's wonderful to be able to go in and do some of those kinds of things. But I'm not so sure that our State can afford to do that at the expense of neglecting, you know, deferred maintenance. And, I mean, I hear what you're saying and I think there has to be some balance. But at the same time to grow your number of buildings when you maybe have heating and air conditioning problems in some, you have maybe a loss of energy, in terms of you have leaks around the windows and you're not as energy efficient as you can be, I mean, I think those things absolutely have to be addressed. And I think, you know, do you really want to look good from the outside only to have students come in and then realize well, gosh, I really thought this place was better than this. But then I got in here and realized, you know, that there's insulation dropping down from the ceiling.
MR. SMITH: Well, and I agree and your comment can we afford to do that, can we afford to build a new building when we have the deferred maintenance problems. The question I've got is what is it that we can't afford not to do. Can we afford to allow our competitiveness to slip while we fix up old buildings or do we go ... try to do some of both? And I think that's what all the schools are trying to do. You correctly noted that both the science building project and the Stern Center project that we talked about are going to be replacement projects which will have the effect of eliminating a big chunk of deferred maintenance while we upgrade and improve our competitiveness. And hopefully, all the schools ... I'm sure all the schools are thinking in those same terms of being able to eliminate large deferred maintenance issues by the replacement approach. Your first question was about the number of credit hours. Again, I think these questions have a lot of different nuances. When Barney Giese and I graduated from Dreher High School together back in 1974, both Barney and I thought well, we'll go to school for four years. And Barney's dad and my dad both thought the same thing, that they would go to school for four years. And we did. Both of us went to school for four years. And both went out ... went into professional school. Got through professional school at the same time. So, the expectation of the student and the expectation of the parent were such that everybody thought four years was what you did. Because there have been a number of changes that have occurred in programs, as you are quite aware of and that have been discussed, unique situations, but more because there has been a change in society's expectation. I just put a child at Clemson last year, I mean, last fall. And, you know, I thought well four years this will be over and then I thought well, no, maybe not. Maybe he'll be in a five year program. He's in engineering. Maybe he'll be ... maybe he'll waste a semester. Maybe he'll change a major. And if that happens to me, if you choose to change the law so that the State subsidizes my child's education for four years but no more or ... not four years but for a number of credit hours but no more, then I'm okay. I can afford to pay for that. But if somebody who's got seven children who like my colleague on the Board who was one of seven children, or somebody who's making a tremendous personal financial sacrifice to put their child through school can't ... who can't afford that, who can't afford to pick up that subsidy in the fifth or the sixth year. And the reason that they have to do that is because their 19 year old couldn't decide the direction that they wanted to take when they were a 19 year old which I've got a 19 year old and he doesn't know what direction he's going to take. It's not an unfair thing to suggest that a 19 or 20 year old might change their mind and pick a different course. It's one thing to say that the State is not going to pay for that any more but the next step is well for that child to graduate from college, who is going to pay for it.
REPRESENTATIVE GAMBLE: Well, but I think ... I think that all of us would agree, I think the State would never and when I say the State ... I mean, I say this because this idea has just been tossed around for a long time and, I mean, the costs are continuing to increase. I mean, I think all of us would agree that when a program is a five year program whether it's pharmacy or architecture or whatever that we would ... that the State would still be there for those students ...
MR. SMITH: Right.
REPRESENTATIVE GAMBLE: ... that are in a five year program, if it's a bachelors ... if it's still a bachelors program. But and I mean, I'm willing to give wiggle room whether it be an extra semester, you know, 15 hours above whatever that program would be. But I mean, I know of someone in my own family that stayed in with two hundred and something hours.
MR. SMITH: Right. And I think that's an extreme case and probably something that can be worked around. My only ... my only point is, is that if we're going to make a hard and fast rule we've got to understand that the hard and fast rule is going to catch some people and that the hardship may fall on middle class South Carolina and the parents of middle class South Carolina or that middle class child whose parents can't afford to send him to school that sixth year with the additional subsidy or that fifth year. And I just think there are ... it seems to be ...
REPRESENTATIVE GAMBLE: But do you not agree though that if that information is given to students early on, I mean, the student at some point in time has to accept some responsibility for understanding there are consequences.
MR. SMITH: I agree with that.
REPRESENTATIVE GAMBLE: These ...
MR. SMITH: Lord, I do agree with that. I've got a 19 year old.
REPRESENTATIVE GAMBLE: These are expensive consequences to the State and ...
MR. SMITH: And to the parents.
REPRESENTATIVE GAMBLE: ... it's not ... and I mean, I'm a strong advocate for education. I think that's one of the greatest things that our State can do for its people and should do for its people. But as our dollars are becoming stretched and more and more limited, I just think at some point in time we've got to take care of the responsible student. I mean, we've got to ... we've got to draw the line in the sand and I think that information needs to be shared early. I don't think that it's something that all of a sudden you give them a notice after they've been in school and say well, you've been here long enough. But I think if that information is shared with guidance counselors and high schools and students know, then, you know, if I really didn't know what I wanted to do, I don't think I'd start college right out of high school. I might, you know, want to work for a year or two and explore and see because I would understand. You know, sort of like making any other major expenditure in your life. You realize when you get it home it's yours.
MR. SMITH: Right.
REPRESENTATIVE GAMBLE: So, I think, you do ... I think there would be more caution as people move into programs.
MR. SMITH: And I think that it's ... you're wise to try to change society's expectation back to a four year paradigm, that that is what we ought to expect. But the thing is, though, I think that a student can be responsible, can have gone through their whole high school wanting to be a doctor and go into biology and find out that the life sciences are not where that student's love is, and then responsibly make a decision to go into something else and be a responsible student who has all of a sudden because they have been a good student and been a responsible student thought about what their future is when they were 20 or 21, they could have made a choice that was a realistic choice and a good choice, but that will cost ... will make it either impossible for them to continue put a tremendous burden on someone who is going to have to pick up the State's share of that. And I don't suggest, Dr. Gamble, that what you're talking about is not a great idea. I just think it has to have some ... it needs to be tempered with some understanding of some of the circumstances that could occur. That's my only point. And on your Life Scholarship ...
REPRESENTATIVE GAMBLE: Well, actually Palmetto Fellows.
MR. SMITH: Palmetto Fellows, I think that the four year private schools have some tremendous opportunities for competition with endowments that we don't have as a State school. And I think it is our responsibility as trustees of State schools to look for opportunities to attract the best and brightest students to our schools. Now, I'm all in favor of students having their choice of where they want to go. But this is one of the things that gives us some competitive equilibrium with Furman, for example. And I think when you're comparing South Carolina and Furman or Clemson and Furman, it may be a little different but when you're looking at a four year liberal arts college in South Carolina and comparing us to Furman ... we have a lot of students who are trying to make that decision. And that decision to get that good student into a State school and to support the State school which I'm a trustee of, I'm not a trustee of Furman, is an important priority. And I don't want to take that advantage away from this school. And I don't want ... or from these other schools. I'm all in favor of the student having a choice but there are lots of opportunities that Furman and other well endowed schools have to compete with me and with you in our State schools that we don't have and that's one we do. And I'd like to keep it.
REPRESENTATIVE GAMBLE: But it's one that coerces students down a track. I mean, it's not like this is ... this is something that, you know, when you look at the academics that it gives you an academic edge or anything but it basically forces the students to ... the best and brightest and it may be a tool that you see that Furman and Wofford use but at the same time their tuitions are very very high. And so that $5,000.00 only offsets some of that tuition. It does not cover them going to school ...
MR. SMITH: That's correct.
REPRESENTATIVE GAMBLE: ... and really and truthfully, I mean, the $5,000.00 now will maybe pay the tuition alone at most of our public schools but it won't do anything beyond that. And in some ...
MR. SMITH: At the College of Charleston it will ... it will do more than that.
REPRESENTATIVE GAMBLE: Five thousand will. What is you all's...
MR. SMITH: Are you talking about a semester or ...
REPRESENTATIVE GAMBLE: What's your tuition per semester?
MR. SMITH: I think it ... I don't know what it is exactly. I don't have that number exactly.
REPRESENTATIVE GAMBLE: Because I was thinking that 5,000 is about what the tuition is for two semesters at least at USC and Clemson.
MR. SMITH: We're a much better deal.
REPRESENTATIVE GAMBLE: So, they can get books too.
MR. SMITH: That's right.
REPRESENTATIVE GAMBLE: I mean, I think all of our State colleges are great colleges but that one just really baffles me that the purpose of that program is to keep the best and the brightest in the State and I don't think we're talking about any tremendous number of students. But every year we hear from parents who, you know, my child wanted to go to Wofford, my child wanted to go to Furman, and my child didn't have that choice. But they are top students. I mean, they may not have 1,400 or 1,500 ...
MR. SMITH: Right.
REPRESENTATIVE GAMBLE: ... but likely they have 1,300.
MR. SMITH: Right.
REPRESENTATIVE GAMBLE: So, I mean, I'm just real puzzled. So, you think the allocation should remain that we should force them into the public colleges?
MR. SMITH: I don't see it as forcing anybody into the public colleges. What I see it as is these schools are my ... our responsibility and your responsibility, as are the students of South Carolina. And to have an opportunity to have a recruiting advantage, which we seldom have over Furman or Wofford, to have that opportunity to attract those good students to our schools, to make those schools that much better is not something I want to give up.
REPRESENTATIVE GAMBLE: Mr. Smith, you all have so many opportunities. When you say to have that recruiting opportunity, you have an excellent program.
MR. SMITH: We do.
REPRESENTATIVE GAMBLE: You know, it's not like that money is all that's going to draw students into your school. You have a ... I mean, I hear so many students in my area, oh, I'm going to the College of Charleston. They really like Charleston. They like it a lot. I mean, you all have Charleston as a recruiting tool. So, I mean ...
MR. SMITH: We do but that's not our only recruiting tool. We do have wonderful programs and we have managed to take the location that Charleston is and the attractiveness of it and provide a wonderful educational, a superior educational product down there. The thing that we are ... the place that we lose battles though is with a Furman because Furman is considered to have a higher academic reputation and when mom and dad are having to make that decision and the child is having to make that decision, that brings those good students to the College of Charleston where I am sure they will get a great education and they'll be so much happier than they would at Furman. They just don't really realize it.
REPRESENTATIVE GAMBLE: You say that. But put yourself in the position of the parent who has that child, who has always wanted to go to Furman.
MR. SMITH: I understand.
REPRESENTATIVE GAMBLE: Who has known for a long time that they want to go to Furman and Furman is a very expensive college ...
MR. SMITH: It is.
REPRESENTATIVE GAMBLE: ... and all of a sudden, you know, they get the letter from CHE that gives them the information about the Palmetto Fellows and they realize they don't have a choice. They're down to choosing a public college. If you were the parent of that child and you paid taxes in this State, you've contributed to this State, would you not feel as a parent real disappointed in the State that the State was trying to track your child just to meet some arbitrary quota?
MR. SMITH: I am a parent of a child that just chose to go to a fine institution of public higher education, Clemson University, and recently had to make difficult decisions about whether to send my son to a private school or to a school which is supported by the State and I am so pleased that he chose to go to Clemson.
REPRESENTATIVE GAMBLE: But he chose it. He was not forced into it. Is that what you're telling me?
MR. SMITH: Well, he had a little help in his decision and a lot of that had to do with how much it cost to go to those other schools. And I'm delighted that he chose Clemson. If he had chosen one of the other schools, I would have been happy as well. But he chose to go to Clemson and he ... and I'm happy that he went there because I believe Clemson can deliver a wonderful educational product to him as good as Furman could and that he will leave Clemson with a better education than he could at Furman. So, I would be happy speaking from a parent standpoint or from a trustee standpoint with the law being the way it is.
CHAIRMAN PHILLIPS: Senator Giese.
SENATOR GIESE: Mr. Chairman. We've listened to this with every speaker thus far being asked the same questions about 140 hours or whatever total. Education is changing. I can tell you right now the greatest shortage we have is pharmacists. And they've just gone to a pharmacy D which is a six year program, not a five year program. You come out with your doctorate in pharmacy. So, we're not going to have any real control over that. I like the idea of the flexibility. But also the large school/small school issue comes up with this 8218. Some youngsters want to go to a smaller school and they are shut out from going to a smaller school when we have Clemson and the University of South Carolina. I think you're going to be surprised to see the number of students that go with that very fine scholarship to Carolina and to Clemson. But it may not be their first choice. They may have wanted to go to a smaller school with an excellent educational reputation. But I would just say that, I think the devil is in the details. The idea of having some ... getting people to understand that four years ... I have four youngsters. They all went to college for four years and got out. They knew it was going to be four years and then we've had some grads and they got out the regular time. That's got to be the assumption that we have to go towards from the point of view that you're mentioning. But I look forward to hearing, I think, we've almost exhausted that one.
MR. SMITH: It's a good debate and they're difficult issues. And I think you're right, Dr. Giese, the devil is in the details and the details of individual student's stories have got to be considered.
SENATOR WILSON: Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: As a native of Charleston, I want to tell you how happy I am about the success of the College of Charleston. It's just amazing to me when I was at your sister institution the High School of Charleston, there were only 300 students at the College of Charleston. So, it's just amazing. So, I want to commend the president, of course, Alex Sanders, with what a credit he is to South Carolina, your leadership as chairman. I'm very familiar with the leadership of Ms. Land and Ms. Daniel and I appreciate Mr. Dangerfield's hard work. You've got a wonderful institution. I do want to bring up one other point though about the Palmetto Fellows and that is that ... and Representative Gamble has done a great job bringing this out about the unintended consequences of heartache within families and also the conflict within the schools and making the job of the guidance counselors virtually impossible. Because they've got to give advice on how to apply for the Palmetto Fellowship and there have been mistakes made, innocent mistakes, which has caused great ill will between guidance counselors and parents and I think we need to get back to the original point. It was supposed to be for the students.
MR. SMITH: Right.
SENATOR WILSON: And then I'm confident the excellent public institutions we have in South Carolina can compete. But it's just been a nightmare for people at the high schools that I represent and I hope that will be addressed. It's just Russian roulette as to who gets it and who doesn't and it shouldn't be that way.
CHAIRMAN PHILLIPS: Any other committee members? Thank you, Mr. Smith.
MR. SMITH: Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: Next is the third district seat six, Philip Bell ... J. Philip Bell from Greenwood.
J. PHILIP BELL, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Bell, do you have any health related problems that might keep you from serving on this Board ...
MR. BELL: No, sir.
CHAIRMAN PHILLIPS: ... in its full capacity? Considering your present occupation and activities, would you be able to attend all of the Board meetings as you have in the past?
MR. BELL: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interest personally or professionally that would cause a conflict of interest?
MR. BELL: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any other public office since being elected to this which would constitute dual office holding?
MR. BELL: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead. Any questions.
REPRESENTATIVE GAMBLE: I thought he was going to give an opening statement. Is he going to give an opening statement first?
CHAIRMAN PHILLIPS: Yes, I'm sorry. Go ahead. I'm getting ahead of myself. Sir, go ahead with your statement.
MR. BELL: Thank you. I've been a Trustee at the College of Charleston for the past four years. I re-offered for the purpose of continuing that service. I feel like it is an obligation to return something to the State. I was born in Greenwood and raised in Greenwood and educated in Greenwood and attended South Carolina colleges and have benefited from the opportunities afforded me by my family and the State so I look forward to re-offering for the ... for the Board of Trustees at the College of Charleston. I appreciate the opportunity to be before you today. Thank you.
CHAIRMAN PHILLIPS: Any questions?
REPRESENTATIVE GAMBLE: Mr. Chairman, and I really ... we've stayed on this awhile but I would just like briefly your comments on those issues that I've raised in terms of the State at some point in time limiting the number of hours that we subsidize, the Palmetto Fellows, the allocation of the money there and also give us thoughts with new construction requests as opposed to deferred maintenance needs.
MR. BELL: Thank you. Well, I agree, I think ... I think discipline is something that we all need to address in our personal lives as well as in our fiscal responsibilities. I would ... I would likely support any attempt to limit the amount of support that the State gives to students because I do think that discipline is an area that we need to address. I would not have any problem with entertaining a proposal to limit the number of hours that are supported by the State for students. In addition to that, I think discipline is also a responsibility of the Trustees of an institution to be fiscally responsible for the maintenance of facilities, like we do in our own homes and in our churches to maintain what we have. In addition to looking ahead to build for the future, especially when you have the wonderful problem of growth that the College of Charleston has experienced. So, I think we need to balance out our needs but we also need to constantly be reminded of the responsibilities that we have, to maintain what we have, as well as look ahead to build for the future. So, I have no problem with that concept as well. The Palmetto Scholarship question, I could support the opening up of the limitations to make those monies available for private institutions. I had the good fortune to attend Wofford College and graduated from Wofford College. I had the good fortune to attend the University of South Carolina business school. So, I think that if we broaden the opportunities of students, then we have a better chance of maintaining those students in the State so that we don't experience the brain drain that we seem to have been experiencing in the past.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Mr. Bell.
MR. BELL: Thank you.
CHAIRMAN PHILLIPS: The fourth district seat eight, Merl F. Code, of Greenville.
MERL F. CODE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any related health problems that's come up since you were elected to the Board that we should be made aware of?
MR. CODE: None, sir.
CHAIRMAN PHILLIPS: Considering your present occupation, are you able to attend all the Board meetings on a regular basis?
MR. CODE: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interest personally or professionally that would be a conflict of interest if you continued to serve on this Board?
MR. CODE: No, sir.
CHAIRMAN PHILLIPS: Have you been elected to any position that could constitute a dual office holding since election to the Board?
MR. CODE: No, sir.
CHAIRMAN PHILLIPS: You may go ahead with your public statement. Would you be as brief as possible?
MR. CODE: Thank you, Mr. Chairman. I have served on the College of Charleston Board of Trustees since 1988. It has been a tremendous honor and pleasure to serve with the men and women who have comprised that Board. Starting under Harold Lightsey, helped select Alex Sanders and have been involved with that Board since that time. I currently serve as Chairman of the Student Affairs Committee for the Board. I've been on the Long Range Planning Committee. This is a labor of tremendous affection for me because my parents were educators. My father was a principal of a school and my mother was a home economics instructor in the same school that I attended. They wanted me to be in education. That was not my life's dream. But I thought this was a way of serving and a way of giving back by being involved in higher education and especially the College of Charleston. It has been my privilege and if this Legislature so desires, I would like to continue to serve.
CHAIRMAN PHILLIPS: Any questions? Senator Giese.
SENATOR GIESE: Mr. Chairman, you mentioned you served on the Long Range Planning Committee?
MR. CODE: It is currently going on now. Yes, sir. I just started on that.
SENATOR GIESE: Well, then it may not be relevant. I may have to wait until later but you people ... the Board sets the agenda for buildings, doesn't it?
MR. CODE: Yes, sir.
SENATOR GIESE: Well, one of the buildings that you've set up as apparently your top priority is a new coliseum that seats ... it's going to cost $33,000,000.00 and because you don't ... the closest big coliseum you have is in North Charleston where if you're going to attract a crowd of 15,000 people ... you do have a good basketball team, which I imagine might play ten or 12 games a year. But what ... how did we get into the position where that is one of your top priorities?
MR. CODE: That came from ...
SENATOR GIESE: Excuse me, with the deferred maintenance problem that you also presented to us.
MR. CODE: The Facilities Committee along with our Board examines the needs of our university. We have determined that in fact there is a need not only for our student body but for our university to have a place in which we may be able to compete. The current facility, the F. Mitchell Johnson, does not hold enough people for our student body to attend. We cannot get in. The other facilities out in North Charleston it is tremendously difficult again for our students. We were attempting to find some locale that would be able to serve not only the needs of the College of Charleston but the surrounding City of Charleston. It would have to be a collaborative effort. There would be no way that we could support a coliseum by ourselves. The idea is to do something jointly so that we can service the needs of the Low Country. And that is our idea. In terms of prioritizing, certainly that is one of our needs. We have a number of needs. As we've talked about the old versus the new being able to bring in new buildings and the deferred maintenance, as you are quite aware in 1770 when the College of Charleston was formed a lot of our buildings are in need of repair. We must make sure that we keep our buildings and our facilities at par excellence. It is also important to realize that we are trying to provide the greatest learning environment for our students. The greatest educational environment for our students. When you look at all of that, not only the facility but our instruction is also quite important, so we have to look at all of that. And that is one of our priorities. I did not submit that list, Senator Giese, so I'm not sure how it ranks as high. But it is very high in our things of need.
REPRESENTATIVE GAMBLE: Mr. Chairman.
SENATOR GIESE: Could I mention to you that the University of South Carolina has 21 or 22,000 students. It's coliseum seats about 12,000. Do you know how many seats are reserved for students?
MR. CODE: No, sir.
SENATOR GIESE: Three thousand. So the point is that the University provides one seventh of the student body with seats for a basketball game. So, it's not at all unusual for schools to have facilities like that that don't remotely provide a seat for all these students.
MR. CODE: Yes, sir. I think, if my memory can serve, the University of South Carolina is trying to get a new facility now to house more citizens of the area, if I'm not mistaken.
REPRESENTATIVE GAMBLE: Mr. Chairman.
CHAIRMAN PHILLIPS: Ms. Gamble.
REPRESENTATIVE GAMBLE: You say this would be a facility that you envision being used by the City of Charleston or for other functions. Is there a local support match? I mean is the City willing to match as far as the expenditures that are necessary to build this facility or is this something that you all are looking for the State to fund completely...
MR. CODE: No, ma'am. Dr. Gamble, it's my understanding that there is negotiations going with the City of Charleston as we speak. And that's been going on for quite some time trying to find the proper location such that we don't upset the neighborhoods of Charleston. Charleston is kind of enclosed. You've got to make certain we do all of this correctly.
REPRESENTATIVE GAMBLE: But Charleston would also be paying some of the costs?
MR. CODE: That is my understanding, yes.
SENATOR WILSON: They would match.
REPRESENTATIVE GAMBLE: I would just like for you to very quickly and briefly summarize your views on what I've addressed so far today. Basically the State at some point in time limiting the number of credit hours that we subsidize. We've already talked a little bit, I think, about deferred maintenance so I think you can skip over that one but also the Palmetto Fellows and what your thoughts are on having that program opened up so that our best and brightest in the State can truly choose where they want to attend college.
MR. CODE: Let me take the Palmetto Fellows first. As a parent, I certainly would like to have the options of where my child could go. But as a member of the Board of Trustees of the College of Charleston, I want to make certain that any decision that I would make would impact that university and the higher education system fairly. I don't have enough information. I don't know all of the pros and cons of this debate. Certainly it's been going on for quite some time. But before I would get involved in that debate, I would like to know more. I would not like to pledge to you my support without knowing more. I don't want this to hurt the College of Charleston. While I am in favor of anyone who can educate their child at a private institution, if it hurts my institution, the College of Charleston, I'd like to be able to give you that information with data and I do not have that data to talk to you about it at this time. As to the issue of whether or not you can limit and should the number of either credit hours someone may go to school, that seems to be appropriate and reasonable. And I would suggest that as this committee of the legislature does its due diligence to determine what would be fair on a four year major, a five year major and a six major and the other intangibles that would always reflect upon how someone is educated and the amount of monies available to educate them and the time it takes for that educational process. I'm sure that there will be serious dialog and debate as to those issues so that we don't have a time frame for 140 credit hours. It might be if you're talking about a four year major. But that scale may slide to 150 if you're talking about a five year major. I'm sure that that will be debated and I'm sure that we will come up with something that is reasonable and fair as it relates. In theory, I can support that but again I would like to see all of the available data before I give you my pledge.
CHAIRMAN PHILLIPS: Any other committee members? Thank you, Mr. Code.
CHAIRMAN PHILLIPS: Emil E. Spieth of Greenville Spartanburg has asked to defer until the next meeting on the 28th and we granted him that request that he will be screened on the 28th. So, we go to the fifth district seat ten, J. Vincent Price, Jr. from Gaffney.
MR. PRICE: Members of the committee ...
CHAIRMAN PHILLIPS: Mr. Price let me swear you.
VINCENT PRICE, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Price, do you have any health related problems that have occurred since you've been elected to the Board that the committee should be made known about at this time?
MR. PRICE: No.
CHAIRMAN PHILLIPS: Considering your present occupation which is retired, are you able to make all the Board meetings on a regular basis?
MR. PRICE: Yes.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that constitutes a conflict of interest at the College of Charleston?
MR. PRICE: No.
CHAIRMAN PHILLIPS: Do you now hold any other public office that constitutes dual office holding?
MR. PRICE: No.
CHAIRMAN PHILLIPS: You may go ahead with your public statement.
MR. PRICE: All right. I am an incumbent and have been on the Board down there since 1988. Presently I'm a life member of the College of Charleston Alumni Association and I've been so since my graduation there in 1950. After graduation in 1950, I helped coach the college basketball team for several years. And Southern Bell transferred me to Gaffney, since that was my job that's where the family and I went. I have a deep sense of loyalty to the College and I was honored several years ago by being elected into the College of Charleston Athletic Hall of Fame. I retired in November the 1st 1987 from BellSouth and I continue to make my home in Gaffney. I'll be glad to answer any questions any of you may have.
CHAIRMAN PHILLIPS: Committee members, do you have any questions of Mr. Price? Dr. Gamble.
REPRESENTATIVE GAMBLE: Dr. Price, I'd just like for you to briefly give me your views on things that we've talked about, basically the legislature putting some cap at some point in time on the number of hours that we subsidize in State appropriated money, address the deferred maintenance versus new construction very briefly and also give us your views on the Palmetto Fellows, giving the students, the best and the brightest in our State, the opportunity to choose the college they attend.
MR. PRICE: I'll go in reverse. I'm not real familiar with the Palmetto Scholars thing. What is it, we give the student the right to go anywhere he wants to ...
REPRESENTATIVE GAMBLE: Students who meet certain criteria. They have to have a certain GPA, a certain SAT and a certain class ranking. I think those are the three criteria they must meet. They can apply to the State for a $5,000.00 scholarship and it's renewed annually assuming, I think, that they maintain a 3.0 GPA. Right now current law provides that 82 percent of those scholarship funds be designated for students who want to attend a public college. Eighteen percent of those funds are designated for students who want to attend a private college. Every year that we've had that scholarship program in place or that we've had the expanded version of the scholarship program in place we have had parents come forward and they're very upset they're ... quite frankly they're just more than just 18 percent of the students that are the best and brightest in the State who want to go to Wofford and Furman. I mean, that's what it boils down to. It's not a substantial number, you know. I'd dare say it's no more than 30 or 40 students. But you make 30 or 40 families very unhappy in this State by telling them they cannot go to a private college in the State and we're losing some of them out of State. I mean, I know one personally that went to Washington and Lee. But, what are your thoughts on the legislature removing that provision and allowing those best and brightest students to choose where they attend college in this State, whether it be a public college or a private college?
MR. PRICE: Well, let me get into that this way. My wife and I decided early on that if our children were going to go to school we were going to have to pay their way and we started putting money up at the outset for that. The result was they both went to the University of South Carolina and graduated with honors and then they both went to law school and graduated and are now supporting themselves. My daughter went on and took tax law, got a masters in tax law at Georgetown University and she is still personally paying back the student loan that she had to have to do that. I think that the parents should be responsible for educating their children. For having said that, since we do have these programs, I think they're fine. If 18 percent want to go to schools outside the State, that suits me fine too. I ...
REPRESENTATIVE GAMBLE: No, we're not talking about schools outside the State. I'm talking about private colleges within our State versus public colleges within our State. It doesn't have anything to do with outside the, you know, the scholarship money in this particular pot is not going outside the State.
MR. PRICE: It's staying in the State.
REPRESENTATIVE GAMBLE: But basically the problem has been that the students are applying for the program and they're not getting in the first 18 percent cut. I mean, the first cut gets to basically choose theirs. But we're talking about really really bright students in the State and so, like I said, I'm not talking about a substantial number of students. I think there are 600 plus Palmetto Fellows each year and 18 percent of those are given the opportunity to go to a private college but the others are not given a choice to go to the private college. They must choose a public college in our State, if they want the scholarship money. And I'm wondering, I mean, and like I said, I mean, a lot of parents have been unhappy about this. They think the State has ...
MR. PRICE: Well, I think Wofford and Furman and Erskine are all great educational institutions. If the parent wants their child to go there and they qualify and meet all of your criteria and there's $5,000.00 left, I have no qualms with giving it to them. But I don't ...
REPRESENTATIVE GAMBLE: So, you think qualifications of the student should be the driving force and not an arbitrary formula of 82 percent versus 18 percent?
MR. PRICE: True.
REPRESENTATIVE GAMBLE: And then if you'll tell me a little bit about your thoughts on limiting the number of credit hours that the State subsidizes.
MR. PRICE: The ... I understand the number of hours required to graduate now has gone up in some courses to 140. I think if they were in those students ... in those classes and courses keeping up their grade and doing the work, they should be entitled to stay in as long as they're in it and doing successful at it until such time as they've used up their 140 level.
REPRESENTATIVE GAMBLE: So, you would support the State too at some point in time whatever threshold that might be appropriate to the program ...
MR. PRICE: Correct.
REPRESENTATIVE GAMBLE: ... saying this is our level. Thank you, Mr. Price.
CHAIRMAN PHILLIPS: Any other questions. I've got to tell this on my friend Vincent. He's a retired ACC Official and I liked it when he refereed Carolina games and we'd fumble, he said our ball. So, I liked that. He didn't say Carolina, he said our ball.
SENATOR WILSON: I commend him on keeping a Low Country accent despite the fact that he's lived so long in the Upstate.
MR. PRICE: Well, I've told all of my friends up there I didn't go up there to lose it, I went up there to spread it.
CHAIRMAN PHILLIPS: Thank you, Vincent.
MR. PRICE: Thank you.
CHAIRMAN PHILLIPS: Okay. The sixth district seat 12, Marie M. Land from Manning.
MARIE M. LAND, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that would prevent you from serving on the Board as a full-time member?
MS. LAND: No, I do not.
CHAIRMAN PHILLIPS: Considering your present occupation would you be able to continue to serve on a regular basis?
MS. LAND: Yes, I would.
CHAIRMAN PHILLIPS: Do you have any interest professionally or personally that constitutes a personal conflict?
MS. LAND: No, I do not.
CHAIRMAN PHILLIPS: Okay. Do you hold any other public office that would constitute dual office holding?
MS. LAND: No, I do not.
CHAIRMAN PHILLIPS: Ms. Land, go ahead with your public statement.
MS. LAND: My name is Marie M. Land and I'm privileged to serve on the College of Charleston Board of Trustees for three terms. I'm offering my services for a fourth term. I feel that my previous experience on the Board will serve as an asset to the College as it continues to grow and provide an excellent opportunity for education in South Carolina. I'm proud to have served on the Board and look forward to future service. I might add that I have two children that graduated from the College of Charleston so I have been the parent and the tuition payer as well as I chair the Facilities Committee, Dr. Gamble. So, thank you.
CHAIRMAN PHILLIPS: We'll see how she treats you.
MS. LAND: I'm going to invite her to a meeting.
REPRESENTATIVE GAMBLE: She's home folks.
CHAIRMAN PHILLIPS: Any questions from the committee?
REPRESENTATIVE GAMBLE: Well, I would like for you just to briefly and very briefly share your views on these three items that I've brought up today. I mean, the State at some point in time limiting the number of credit hours that we subsidize, the deferred maintenance needs versus new construction requests and also the Palmetto Fellows allocation.
MS. LAND: Well, I'd like to deal with deferred maintenance first because I have chaired the Facilities Committee and it is a big responsibility. I think we're very proud of the College of Charleston because we have many very old buildings dating back to the 1700s and we take a lot of pride in our campus and we do the best we can to take care of things. There have been some buildings such as the Stern Building that has ... they have not been maintained along and along but there were some very serious problems there that required architects, study and money. And so we have taken care of that. The science building I recently had a tour of with the Facilities Committee and the Finance Committee to really see the problems there. We're in a new age of high technology. It's not only maintenance, it's new things that you have to have. We really had to look hard at that. Maintenance is very important. You need to have a balance but you need to be maintaining as well as building new facilities. And we have to really look hard at that. I will tell you on our agenda there are probably more maintenance issues than there are new issues each time. We have dealt with upgrading our air conditioning and heating system for five years. You know, this is a constant thing that you need to be doing. So, we're very aware of that and it takes a lot of money to maintain but it's something that needs to be done. We take a lot of pride in what we have at the College. And I am very sincere, I would love for you to come for a tour of the campus and to come to the Facilities Committee meeting and to see what we do deal with. The issue of hours for students, you know, I picked up on someone was saying expectations. We have three children who did complete college in four years and went on to continue their educations. It was just an expectation in our family that that's just what would happen. At the same time we have students who do work and I know you're talking about actual hours and I guess I would ask, Dr. Gamble, lets look at other states. Have they done this and what has it done to education. I've always felt very strongly as a Board of Trustee member that something that I want to see is to help provide as much education for as many South Carolinians as I possibly could. I feel that we are in many ways an undereducated state and that we need to make education easier for people. Now, that may not have anything to do with how many hours you can take. But let's not make it difficult. Let's make it something ... let's try to offer as much education ... continuing education, be it technology or whatever, that we can for students. So, I would really like to see what other states have done about this and let's be, you know, realistic. The cost of education is going to continue going up. So, we need to look at that.
REPRESENTATIVE GAMBLE: Right. I think one of my concerns along that line is, I mean, I do think all of it directly ties back to the expectations whether we're talking about expectation of parents, the expectations of the colleges, the State, what have you, but as the cost of education continues to rise and our needs in education continue to expand, I can't help but think that at some point in time we are going to have to address that issue so that we can free resources to address things like deferred maintenance.
MS. LAND: I can see that.
REPRESENTATIVE GAMBLE: I mean, I mean, I just, you know, we've got tremendous deferred maintenance needs. We've got tremendous building needs still in higher ed and I have a ... I mean, I very very strongly support education in this State and us offering people as many opportunities as we can. And I think that's pretty evident about by the number of colleges that we have in this State that we are committed to providing people opportunities to attend college. I mean, I don't think ... I think wherever you live in this State you're no more than 30 miles from some institution of higher education. I mean, we're everywhere. And I never opposed that for that very reason because I do want people to have access to education. But at the same time, as our funds are being pinched, I just think that we're going to have to ... we're going to have to reach a point that we say these are our expectations and you need to think carefully before you go in and enroll in this particular program because we'll give you, you know, one semester of wiggle room beyond what that program's expectations are and then, you know, the State will not be there to subsidize your education because we do have so many, whether it's deferred maintenance, whether it's library needs, we just have a lot of needs in South Carolina for our educational system.
MS. LAND: As far as the Palmetto Scholars, I suppose I would have to say that as a member of the College of Charleston Board of Trustees, I would have to say at this point I would be opposed to that. But I would really like to look into that. Now, if I were on the Wofford Board or Furman, I would think it's a wonderful idea. But as a College of Charleston Board of Trustee, I would want to see what is that going to do to the College, you know, how does that affect us. That's just coming from my point as a Trustee on that Board.
REPRESENTATIVE GAMBLE: But you also could yourself in the place of that mother who has limited resources and the child really wants to go to Furman and you want ... the child has worked really hard in school ...
MS. LAND: Right.
REPRESENTATIVE GAMBLE: ... and they had to work hard in school ...
MS. LAND: Exactly.
REPRESENTATIVE GAMBLE: ... to qualify for a Palmetto Fellows Scholarship.
MS. LAND: I do see that point. I did have a child who had a choice between the College of Charleston and Wofford and was truly offered many many scholarships to Wofford. But I offered him a weekend in Charleston to see what Charleston was like and he chose Charleston. So, I can't say ... I just find that Wofford has a lot more resources for scholarships. They offered him lots more than the College of Charleston was able to offer. You know, I look at it that way too. They do have wonderful scholarships at Furman and Wofford that they usually can offer these students that we don't have, we don't have access to.
REPRESENTATIVE GAMBLE: And I think the only way we're ever going to know how many people, I mean, because we can pull the data from CHE every year and see how many students wanted the private institution and did not get it. I mean, we can pull that but that's still no indication that that's going to be what the number is this year. So, I mean, I don't know that we'll ever know what that impact will be as far as how we spread around all of these best and brightest students in the State. Unless we actually experiment with it one year and see exactly what's going to happen if we remove that cap.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR WILSON: I'd like to thank Ms. Land ...
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: ... in addition to your service on the College of Charleston Board, your service with the Alston Wilkes Society and we appreciate what you do for the citizens of South Carolina.
MS. LAND: I appreciate it. Thank you. Thank you, very much.
CHAIRMAN PHILLIPS: Thank you, very much. We'll go to at-large seat 14, Timothy Dangerfield from Aiken. Mr. Dangerfield.
TIMOTHY N. DANGERFIELD, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Dangerfield, do you have any health related problems that the Committee should be made aware of?
MR. DANGERFIELD: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation, would you be able to attend all the Board meetings as you have in the past, continue to attend?
MR. DANGERFIELD: Absolutely.
CHAIRMAN PHILLIPS: Do you have any interest personally or professionally that would constitute a conflict of interest?
MR. DANGERFIELD: No, I don't.
CHAIRMAN PHILLIPS: Do you now hold any other public office by virtue of election that constitutes dual office holding?
MR. DANGERFIELD: No, sir.
CHAIRMAN PHILLIPS: Would you please go ahead with your public statement.
MR. DANGERFIELD: I'll make it short since I probably have a parking ticket downstairs.
CHAIRMAN PHILLIPS: They're not working today.
MR. DANGERFIELD: They're not? But you have a copy of a statement. I'll continue with saying that I'm currently Vice Chairman of the College. Been on the Board since 1988. I'm a past member of the CHE for two years. I think my knowledge and my experience has helped the College get to where they are today and want to help to continue. So, I will look forward to serving another four year term.
CHAIRMAN PHILLIPS: Any questions from the committee members?
REPRESENTATIVE GAMBLE: Mr. Chairman, I'd like for Mr. Dangerfield to just briefly address those issues that I've been talking about.
MR. DANGERFIELD: Well, like I say, as a past member of CHE, I don't agree with the 18 percent. I think it ought to be a 100 percent for State supported schools. I think that a kid who would like to go to Wofford or a private school, that's something that's a choice that they have to make. I found out as serving on the Board now at the College that three out of four people going to college in this State have some type of financial aide. So, I think there's opportunities for the kids to get some 22 type of financial aid. But to help the private schools is not what, I think, we set up the State funding. They should not be able to use the 18 percent. It should be strictly for State supported schools.
REPRESENTATIVE GAMBLE: So, you believe this is helping the colleges and not helping the families in the State that's paying the taxes?
MR. DANGERFIELD: Well, I think that the kid has to make a decision. I learned a long time ago ... I went to a seminar, a guy told me one time he said life's not fair. And I would simply say to that kid if you want to go, you're going to have to make a decision by going to work, go for a scholarship because there's opportunities out there. And those private schools have that opportunity. And I just ... I don't think it's fair to say that it's hurting the family. It's hurting the kid if he's not willing to put the effort to it.
REPRESENTATIVE GAMBLE: Are you also opposed to our tuition grants program, our State tuition grants program for students who attend private colleges?
MR. DANGERFIELD: You're talking about the 140 hours you're talking about?
REPRESENTATIVE GAMBLE: No, no, no, no, no.
MR. DANGERFIELD: No, you're talking about the ...
REPRESENTATIVE GAMBLE: The tuition grants program that's in place to assist students who choose private colleges.
MR. DANGERFIELD: I don't particularly think it's right but it's there.
REPRESENTATIVE GAMBLE: Do you realize ...
MR. DANGERFIELD: I think it should be ...
REPRESENTATIVE GAMBLE: ... that saves this State a tremendous amount of money and in saving the State money we have more money to give to public colleges?
MR. DANGERFIELD: I guess you'd have to explain a little more to me so I understand.
REPRESENTATIVE GAMBLE: Because if we put all of those students who are in private colleges ... MR. DANGERFIELD: Right.
REPRESENTATIVE GAMBLE: ... if we put them in public colleges ...
MR. DANGERFIELD: Right.
REPRESENTATIVE GAMBLE: ... the State's got to cough up the State's share to subsidize ...
MR. DANGERFIELD: Right.
REPRESENTATIVE GAMBLE: ... those students in private colleges. And that was one of the primary reasons that that program was put in place was as a, I mean, as a means to assist State colleges. I mean, it might not appear on the surface to do that. But it very much so does that because the thousands who are in private colleges who are benefiting from that money really and truthfully, I mean, many of those students would not be able to stay in those private colleges and so they would all be in public system and you would have many more students. You would have many more construction needs, many more deferred maintenance needs and you would have many more students out there wanting their share of the State's ...
MR. DANGERFIELD: Okay.
REPRESENTATIVE GAMBLE: ... funds for public colleges. So, you know, and the same argument quite frankly can even be made for Palmetto Fellows. I mean, we keep them in the State but at the same time, you know, that $5,000.00 we're giving them as Palmetto Fellowship is not nearly as much as we would have to be paying on them if they went into a public college in the State. So, there again, it does free some resources that we're able to give to the public colleges.
MR. DANGERFIELD: Well, you know, I understand. I'm a business person and as a business person I could not receive money from the State to help me to expand and it's the same principle, I think. I don't agree with State supported money being used for private school. Private schools should be able to do what they want to do and offer whatever opportunities they want to but I understand what you're saying. I would have to look at it a little bit farther. But, I guess, from a business standpoint I don't think it's the right thing to do.
REPRESENTATIVE GAMBLE: But you realize that the public college ... the private colleges in this State have to meet no criteria for being eligible other than being an accredited college, whereas this money is allocated based on the qualifications and the criteria that a student must meet. This is an award to a student ...
MR. DANGERFIELD: Right.
REPRESENTATIVE GAMBLE: ... in recognition of their academic success. So, you know, it's not like we're giving the money ... in some way we're rewarding the college. But we are in essence rewarding the student.
MR. DANGERFIELD: I understand what you're saying.
REPRESENTATIVE GAMBLE: What are your thoughts on the 140 hour limit since you are a business person?
MR. DANGERFIELD: I think ... I think that's a good point. I think we ought to limit it to ... based on the program itself. If it takes five years because that's the program, that's what it should be. I told my kids, I had one at the College of Charleston and I had one at Aiken Tech, four years is all I'm going to pay for unless you decide right up front that you're going for some particular such as a pharmacist. And that's the program if they want to jump, skip and go back and forth, that's their problem and I think the State should limit it based on the program itself.
REPRESENTATIVE GAMBLE: And deferred maintenance versus new construction, what are your thoughts?
MR. DANGERFIELD: That's a balancing act we all have to deal with. I think that for years we've put off maintenance, you know, the fault or the fact that we didn't have enough money. But I think we have to look at it real hard because it costs more money to build a new building than it is to repair what we have. And I think we have to look at it real carefully. But it's a tough decision because you have to deal with so much money to give us and we have to look at it and see.
REPRESENTATIVE GAMBLE: Okay. (OFF THE RECORD)
CHAIRMAN PHILLIPS: Senator Giese.
SENATOR GIESE: Yes. The scholarship program that Representative Gamble was talking about is $23,000,000.00 that the State furnishes to private colleges and universities around the State and they give scholarships to their students that might potentially come to a public school. The $5,000.00 scholarships that we're talking about here being limited to 83 to 18, when that student comes to the University of South Carolina, that student gets the $5,000.00 scholarship but then the taxpayers pay $7,500.00 for that $5,000.00 person that came to the University. The State is then subsidizing that person $12,500.00 to come to this public school. What she is saying if that student went to Presbyterian, that $5,000.00 would go to Presbyterian and the State would not have to subsidize the student's $7,500.00. So, it's in the best interest of the State and the ...
MR. DANGERFIELD: I understand now.
SENATOR GIESE: ... and the student ... and the student to give that student the opportunity to choose either a private school or a public school. The more that choose the private schools, the less the State taxpayers have to subsidize those students. What you're suggesting is or what you're saying is that by limiting the 82 percent have to go to public schools that 82 percent of those students have to again be subsidized by the taxpayers. That's what you're saying.
CHAIRMAN PHILLIPS: Any more questions. Thank you, Mr. Dangerfield. Next is Mr. Zeno Montgomery of Columbia.
ZENO MONTGOMERY, being duly sworn, testifies as follows:
SENATOR WILSON: Better known as Z.
CHAIRMAN PHILLIPS: Do you have any health related problems that this Committee should know about?
MR. MONTGOMERY: No, I don't, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, you would be able to attend the Board on a regular basis?
MR. MONTGOMERY: I would.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that would cause a conflict of interest?
MR. MONTGOMERY: No, I don't.
CHAIRMAN PHILLIPS: Do you hold any other public elected office that would constitute dual office holding?
MR. MONTGOMERY: No, I don't.
CHAIRMAN PHILLIPS: You many proceed.
MR. MONTGOMERY: Thank you. I'd like to thank the Committee for hearing me. My interest is primarily in higher education in South Carolina. I'm a native South Carolinian. I'm not an alumnus of the College of Charleston. I thought I was going to be extremely unique in that. But I gather that I'm not the only one of Charleston comes from several ... as a result of several things. I'm a CPA and I have had the privilege of auditing the College of Charleston for about four years. During that time I became very impressed with its mission and with the way the mission is being carried out and as a result became very interested in it. I also feel that it is in a very unique position as far as its growth is concerned and it's in a position where the Trustees, I think, are able to affect and influence the direction a lot more than say my alma mater, the University of South Carolina, from which I graduated when Senator Giese was football coach. I'm still young at heart, Senator. But I have served my profession in a number of capacities. I've been the Chairman of the Board of Accountancy for South Carolina. I've been President of the South Carolina Association of CPA's. I'm currently in my last year as a member of the Board of Directors for the American Institute of CPA's. We are a very cutting edge group, and I feel that the knowledge that I have gathered as a member and as a person who is on the cutting edge of a learned profession would be very valuable to me and to the College of Charleston where I've chosen to serve. I would be happy to answer any questions.
CHAIRMAN PHILLIPS: Committee members. Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Montgomery, I have the same questions of you. I'm curious to know your thoughts on us limiting the number of credit hours that the State subsidizes at some point and also what your thoughts are on new construction requests when there are tremendous deferred maintenance needs out there and also your thoughts on the Palmetto Fellows program and whether or not the money should follow the student as opposed to being arbitrarily allocated to public versus private college.
MR. MONTGOMERY: Thank you, Dr. Gamble. I would say first that regarding the 140 hour issue, I was glad when you said something about wiggle room because I do think that there are students who make false starts and there should be some meaningful way to allow them to make a change if they do discover that they've made the decision. I have a daughter who made the wrong decision and took five years to finish school. She didn't complete school in a private school ... in a public school. She started at the University of South Carolina but ultimately graduated from a private school and was not ... I was fortunately able to afford to send her to a private school. But I would like to think that someone in her position who is not able to attend private school would be able to have the flexibility to make a change in her path of her career ... in her career path. She's a very wonderful person and is doing very well in her career. I would hate to think that she would not have been able to finish school. Regarding the maintenance versus new construction, I would almost think that this should be done on a per case ... on a per incidence basis. I think that it's very difficult ... it's going to be very difficult to make a blanket rule regarding that because I think there are going to be extenuating circumstances in most instances which would have to be addressed on an individual basis. And regarding the scholarship money, I'm not completely comfortable with giving an opinion on that but I'm going to do it anyway. I do ... if I can sidetrack a little bit, I've had a great deal of experience through auditing colleges, both private and State colleges, to observe the tuition grants and I believe that the tuition grants is a very valuable thing to the State. I do feel ... I have some reservation however in the Palmetto money that I do feel that since it is public money possibly public institutions should have some priority. I don't know whether that number is 82 percent or 75 percent or what. But it appears to me that there should be some priority given to public schools or to the State supported schools.
REPRESENTATIVE GAMBLE: Well, wouldn't allowing the student to chose the school? I mean, it gives them, you know, when you say priority to the school, we're talking about an award that's given to a student based on that student's achievement. We're not talking about an award given to a college based on something the college has done. But rather an award given to a student based on, you know, the student meeting certain criteria. And so, you know, it would be my feeling that the priority should be given to the student.
MR. MONTGOMERY: Well, that's a very good point and I ... I'm not sure that, as I said earlier, I'm not sure that I'm completely confident to answer that question without studying it a little bit. But I do still have this innate thought that public money should be given in some priority to public institutions and should be done ... should be used to benefit the public institutions. Now, maybe based on Senator Giese's comments earlier maybe if I studied the situation I might come to the conclusion that the public institutions would be benefited more by allowing the student to choose. But at this point I'm not ...
REPRESENTATIVE GAMBLE: Right. And I think ultimately too we have to do what is in the best interest of the State as a whole and not just what's in the best interest of one type of institution. So, I mean, I think that's another thing that we have to look at in making that decision. I mean, you know, we do want to keep these students in South Carolina.
MR. MONTGOMERY: I would agree with that.
REPRESENTATIVE GAMBLE: If they leave South Carolina to go to college, I think there's a fairly good chance that they might stay out of South Carolina when they finish college.
MR. MONTGOMERY: I would agree with that.
CHAIRMAN PHILLIPS: Any other committee members? Thank you, sir.
MR. MONTGOMERY: Thank you.
CHAIRMAN PHILLIPS: What is the pleasure of the committee on screening, please?
SENATOR WILSON: Favorable on all.
REPRESENTATIVE GAMBLE: Second.
CHAIRMAN PHILLIPS: All in favor, complete and qualified, please say I. (ALL IN FAVOR)
CHAIRMAN PHILLIPS: What is the pleasure of the committee for taking a short break for lunch?
SENATOR WILSON: And certainly release those from the College of Charleston.
CHAIRMAN PHILLIPS: Yes.
CHAIRMAN PHILLIPS: This committee is recessed. We're going to take a short break here, about five minutes. We'll be right back.
(A SHORT BREAK WAS TAKEN AT THIS TIME)
CHAIRMAN PHILLIPS: Call the meeting back to order. Let's see if we can find some of these candidates now. Francis Marion University is next. And the first district seat two, Melissa J. Emery from Myrtle Beach. She has called in and she is sick and will not be here today. She is deferred to the 28th. The second district seat four, Gail Ness Richardson from Barnwell. Is Ms. Richardson, is she here?
MS. RICHARDSON: Yes, sir.
CHAIRMAN PHILLIPS: Okay.
GAIL NESS RICHARDSON, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Ms. Richardson, do you have any health related problems that this committee should be made known of?
MS. RICHARDSON: None whatsoever.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, do they present any kind of problem that you couldn't serve on ...
MS. RICHARDSON: No.
CHAIRMAN PHILLIPS: ... a regular basis? Good. Do you have any professional or personal interest that would constitute a conflict of interest?
MS. RICHARDSON: None.
CHAIRMAN PHILLIPS: Do you now hold any public position elected or appointed position that would cause you to be a dual office holder?
MS. RICHARDSON: I do not.
CHAIRMAN PHILLIPS: You may go ahead with your public statement.
MS. RICHARDSON: I thank you for the opportunity to tell you how much I care about Francis Marion University. I offer for reelection because I do love this University. I feel that I bring something unique to its Board. I have been on the Board at Francis Marion for more than ten years and I find myself very fortunate to be at an institution like this.
CHAIRMAN PHILLIPS: Thank you. Let me ... joining us is Representative Curtis Inabinett from North Charleston ... I mean, from Mt. Pleasant ... Ravenel. Good, from the Great State of Charleston somewhere.
MS. RICHARDSON: Representative Gamble, I ...
CHAIRMAN PHILLIPS: Does anybody have any questions?
MS. RICHARDSON: ... I feel that Francis Marion students are quite unique. Not that they are special but that they come from the Pee Dee primarily. They come from homes that many times they are first generation college students. They come with at least one job and maybe two. They're commuting, living at home. They are students that, I think, realize how fortunate they are to be able to come to college. But many times are ones that work schedule takes something away from their school work and maybe their success. Maybe their backgrounds as well from their schools have not been such to have them adequately prepared. I feel financially for the State of South Carolina we must put limitations on how long we will allow them at our expense to continue to take college courses. But I hope that as a State we will be liberal in allowing this type of student time to be able to financially pay for the education that they're getting and also to fulfill the other obligations that they have, whether it's caring for their own children or their parents at the same time.
REPRESENTATIVE GAMBLE: And I think none of us has a problem with the time so much as with the credit hours. I mean, I understand that student and used to work quite frankly in continuing education so I'm ... I've worked with a lot of students who are those returning adult learners and I know their needs and I know they are unique and that ... and I have a strong ... strong sense of commitment to those students because quite frankly when I worked with those students, it was on the Union Campus of USC and they have their own needs much like the Pee Dee does in that they are dealing with a population of people who depended on the various textile mills up there for many years and now those textile mills are not there offering the jobs that they did offer. And so those students are first generation college students by necessity. So, I understand that completely. So, the time span concerns me only when you've got a student who is taking 12 to 15 hours and just seems to stay right on in there year after year after year much like I described my husband's child who, I think, graduated after eight years and that was eight years of full-time study, I might add. So, I understand where you've coming from. But do you understand what I'm talking about?
MS. RICHARDSON: I do.
REPRESENTATIVE GAMBLE: I'm talking about the number of credit hours and not ... the time factor is a factor but really only with the traditional student who is in school full-time.
MS. RICHARDSON: I have a question for you on that point too. Our students are not students that are coming into college with 30 hours of AP credit as many of our larger research universities are. So, are these number of hours allowed going to be hours that you're bringing in as well or do you start at zero no matter ...
REPRESENTATIVE GAMBLE: Well, you bring up ...
MS. RICHARDSON: ... whether you have these ...
REPRESENTATIVE GAMBLE: You bring up an excellent point. You know, when I talk about this, this is something that's just been tossed around.
MS. RICHARDSON: Sure.
REPRESENTATIVE GAMBLE: I don't know of any specific piece of legislation that's sitting out there today that does this. But, I mean, I just think that this is ... this is one of those issues when we look at the big picture of higher education and the limited resources and how the resources are becoming more and more scarce to dedicate to any need in our State but in particular to education because I do think that should always be our priority whether we're talking about K thorough 12 or post- secondary education. But I think that's something that would have to be addressed as well. I mean, you know, USC is sitting over there with a high number of students who are coming in with AP credits ...
MS. RICHARDSON: Grade credits.
REPRESENTATIVE GAMBLE: ... then I think you have to take that into consideration as well. So, you know, 140 hours at one place might not be the same as 140 hours another place. So, that is one of those things that I'm sure that ... because I do think eventually this is going to be addressed. I mean, I just really think it is and that's why I brought it up today. Not that this is something I plan to leave this meeting and address but I just think that it's something that is going to be out there.
MS. RICHARDSON: And it's great you have a forum in which we can talk about it. I hope that we will not limit the number of hours to the point that exploration, which I think, is a huge part of college, especially for a student like the ones that we serve, to have an opportunity to have courses that they have never had exposure to. We continue to demand more and more hours of basic education in our college programs. And yet, you know, maybe with a ... I would hate to see a student come in and look and say well, I can major in history and I'll only have to take six courses or eight courses and then I can use those extra courses that if I majored in elementary education and do something, you know, enjoyable. I can find out something about music appreciation or I can take a sculpture class. So, I just think it's ... you have a very difficult job because money is a big part of making those decisions for the legislature. And I think the more that we are able to fund our college students' educations like Georgia does and other states, I think the more we may have the right to somewhat control how long they're there. For deferred maintenance, for Francis Marion, I think up until the last few years we have been very much on top of deferred maintenance. We're very lucky in one regard that we're a new
institution, therefore our buildings are relatively new. Nothing but for one building that is older than 1971 vintage. So, we've been fortunate. But it's a terrible battle on a day to day basis of balancing out how that money is spent because our budget is ... our University is small. Our budget therefore is small relative to some of the larger research institutions and we don't have any money to play around with. So, we continue to try to balance it and new buildings versus deferred is certainly something at the very top of our concern.
REPRESENTATIVE GAMBLE: How about Palmetto Fellows?
MS. RICHARDSON: For Palmetto Fellows I have had two of my three children that were Palmetto Fellows and I have to say neither of them accepted the scholarship for State institutions. Although, I think from a personal level our business is about public education or about public institutions, yours and ours. And I believe, as many have already stated, that private education ... private schools have many many other resources with which to attract students and I think that we set up criteria for certain scholarships for certain things. Some scholarships are merit. Some are need. Some are for public institutions and some for private. And I think we're making a tremendous change whether it's decided monetarily needed or not. I think that's a big change in what the whole scholarship was established for and I personally would ...
REPRESENTATIVE GAMBLE: Now, the whole scholarship was established to keep the best and the brightest in the State. There was just tremendous lobbying effort ...
MS. RICHARDSON: But all of life is making choices and ...
REPRESENTATIVE GAMBLE: But now you say your children, they were ... they were named Palmetto Fellows ...
MS. RICHARDSON: Yes.
REPRESENTATIVE GAMBLE: ... but they qualified only for State money or they qualified ...
MS. RICHARDSON: That's correct.
REPRESENTATIVE GAMBLE: Okay. And did they end up in State institutions or private?
MS. RICHARDSON: They did not.
REPRESENTATIVE GAMBLE: Private institutions in South Carolina or out?
MS. RICHARDSON: No, out.
REPRESENTATIVE GAMBLE: Do you think that if they had qualified for the private money in South Carolina they would have stayed?
MS. RICHARDSON: No.
REPRESENTATIVE GAMBLE: They knew all along they were going outside?
MS. RICHARDSON: No, they didn't know all along but I think at the end because we fostered independence first in our children we gave them that opportunity to make whatever decision was. At the end, that was their decision. I don't think that the money, had it been available for Furman, would have kept them here.
REPRESENTATIVE GAMBLE: You heard what Senator Giese's explanation was in terms of ...
MS. RICHARDSON: I did.
REPRESENTATIVE GAMBLE: I mean, this is ...
MS. RICHARDSON: Yeah, it's tough.
REPRESENTATIVE GAMBLE: Well, and it's tough too because as the ...
MS. RICHARDSON: Money.
REPRESENTATIVE GAMBLE: ... colleges grab for the money and their 82 percent share ...
MS. RICHARDSON: Uh-huh (affirmative response).
REPRESENTATIVE GAMBLE: ... they're not just getting their 82 percent share. They're getting that $7,500.00 on top ...
MS. RICHARDSON: What he was talking about, I understand.
REPRESENTATIVE GAMBLE: Which is $7,500.00 out of that pot that everybody has to share.
MS. RICHARDSON: Yes.
REPRESENTATIVE GAMBLE: And so, you know, I just only want to make that point.
MS. RICHARDSON: Thank you, very much.
REPRESENTATIVE GAMBLE: But thank you for your comments.
CHAIRMAN PHILLIPS: Senator Giese.
SENATOR GIESE: Two quick questions.
MS. RICHARDSON: Yes, sir.
SENATOR GIESE: You had kind of a dust up there in your faculty and with your president. What role did the Board of Trustees you served on play in that problem?
MS. RICHARDSON: In the resolution or in the problem itself?
SENATOR GIESE: The resolution of the problem.
MS. RICHARDSON: Well, I think as a Board what we wanted and continue to want for Francis Marion University is what's best for our students. So, all along whatever that was, I don't think there were sides taken as far as personalities with specific people. I think it was just what we each with what we came with thought was best. And we discussed it and we worked through it and we came up with a great solution and he's sitting right here.
SENATOR GIESE: The second question would be if I recall correctly, your school is almost totally devoid of research ... outside funding. You've got the National Youth Sports program, which I think gives you 50 or $60,000.00 of outside funding. I might add that of 200 schools yours is one of two that didn't show up this weekend from Wednesday to Friday required to continue that particular grant.
MS. RICHARDSON: I'm sad to hear that.
SENATOR GIESE: I am too. But tell me, is there some ... not some emphasis being put on your University? You have thousands of students. Is there no emphasis being placed from the Board of Trustees to the administration to get outside funding for research?
MS. RICHARDSON: I'm sorry. I really can't address that. I do not know. As far as I know, the Board is putting no pressure, no, to seek research money. But I may be wrong. I really can't tell you.
SENATOR GIESE: Thank you.
MS. RICHARDSON: Thank you.
CHAIRMAN PHILLIPS: Any other committee members? Thank you, Ms. Richardson.
MS. RICHARDSON: Thank you, very much.
CHAIRMAN PHILLIPS: Third district seat six, Patricia Edmonds from Greenwood.
PATRICIA C. EDMONDS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that this committee should know about?
MS. EDMONDS: I don't.
CHAIRMAN PHILLIPS: Considering your interest and present occupation and activities, are there any reasons you shouldn't serve on a regular basis?
MS. EDMONDS: No, not at all.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that would constitute a conflict of interest?
MS. EDMONDS: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any other public office or appointment that would cause conflict of interest here?
MS. EDMONDS: No, I do not.
CHAIRMAN PHILLIPS: You may go ahead.
MS. EDMONDS: Thank you, sir, and I'll be brief. I had the privilege of serving in an unexpired term from the third congressional district since July of 1999. It has been a great pleasure being a part of the Francis Marion University. I was appointed this past seven months to serve in several committees. One of which has given me great pleasure and that is to be Chairman of the Academic Affairs and Faculty Relations Committee. In that committee we looked at several major undertakings in the University and recommended upon the advice and consultation of the administration and faculty members and other colleagues on the Board two major changes for the University. One being the restructuring of the School of Liberal Arts and Sciences into a College of Arts and Sciences. And that has allowed our University to return back to its core, to the spirit of the type of University that was formed in the Pee Dee region some twenty some years ago. And also we restored an academic freedom and tenure policy. These two subjects alone gave me great satisfaction to be part of the team that recommended that to the full Board and as a Board member, I think that it has just whetted my appetite. There is a lot more that I feel I can contribute both as a person and as a Board member but also in my position as a member of a council of government's team with constant interaction with State, Federal and Local governments, and I think I can bring some expertise in that area to the Board and I am very much interested in continuing to serve in that capacity.
CHAIRMAN PHILLIPS: Thank you. Any committee members have any questions?
REPRESENTATIVE GAMBLE: Well, I'd just like for her to briefly address those three issues.
MS. EDMONDS: You'd think after being number 15, I would have a great answer. I've had all this time to think about it but I really don't. As far as the number of hours it takes to finish an academic education, I was fortunate enough I came to Clemson University in my undergraduate program with 30 academic hours in advanced placement. So I finished Clemson in three years in a 130 hour program. But I didn't do that ... I would have done that anyway in four years simply because I had two other sisters at public institutions in South Carolina at the same time. It was a hardship on my parents to send three students ... I had a great time at Clemson. I enjoyed the social life that everybody is talking about but I also had a lot of financial pressure to finish. My parents did not ask me to work during my education so I wanted to get out as soon as possible just so that I could begin earning money. I've had the experience over the last ten years to work with the Budget and Control Board as serving as a liaison for its sister state relationships with two German States. And many of you know that in Germany education is free. To get a college or a university education, many students take ten years or more. It's a problem in Germany right now. It is an incredible problem. I think it's directly related to finance in our State on how we can solve that problem. They are even talking in Germany about limiting the number of hours also and the number of years it takes to finish an education. I think that if you work with an institution whereby a student understands that he has a certain tuition level for the first 130 hours, after that time his tuition increases, that may be a solution. It may in consultation with an advisor. I know when I was at Clemson, I spent a lot of time with my faculty advisor and that faculty advisor then advised the appropriate administration officials as to whether or not that student is worthy or has extenuating circumstances which causes him to stay longer or to take more hours in his or her chosen field. So, I agree with a lot of what has been said prior to my opportunity and that is it does depend on the individual student but then I absolutely firmly believe that if you keep tuition low and that student has not made up his mind, he'll stay there as long as possible to make ... to get to that point. So, I would be in favor of limiting the number of hours personally. But I really would think that it would be in consultation with the university's administration.
REPRESENTATIVE GAMBLE: And Ms. Richardson brought out a good point too. I mean, you know, that's one of the reasons I've continued to ask the question because I mean, she brought up those students who do come with 30 hours of AP credit. And so there are a lot of factors that have to be looked at. So, I appreciate your comments. How about Palmetto Fellows, what are your thoughts on that?
MS. EDMONDS: Well, my point ... my point would be if the money that provides the resource for that scholarship is State money, taxpayers dollars and you have a student, I as a tax payer, I don't have any children but if I had a child that was interested in attending an institute of higher education in South Carolina and my tax dollars as a citizen went to fund that scholarship, then I would want it to be made available to any school in South Carolina that that student picked. I really firmly believe that.
CHAIRMAN PHILLIPS: Senator Giese.
SENATOR GIESE: Mr. Chairman. You mentioned the position of leadership that you had assumed in the short seven month time. I'd like to ask you do think there's a responsibility for State institutions to seek some outside funding for research and things that might add to the ... not only the prestige but the interaction that takes place in programs like that?
MS. EDMONDS: Absolutely. And I've had the good fortune in my interest of understanding Francis Marion and working with members of the faculty, I've had the good fortune of spending some time with faculty members in one on one discussions. So, I spent a little extra time there and I've had numerous conversations with faculty members both in the College of Business Administration and in other areas as well that have a lot of ideas and some good information on how we can bring this about. It has been in my committees and I don't share the same committees as Ms. Richardson, but in my committees it has been a topic of discussion. I think there is an opportunity for that. I'd like to definitely see that because I work with a lot of organizations both public and private and I see a lot of research dollars out there and I would like to work with them and I don't think it's a matter of them not interested in it, them not willing to. I think it's a young institution, a fairly young institution, and their ... their direction has not been in that ... in that area over the last 20 years and I think you'll see under the new leadership more movement in that direction coming.
SENATOR GIESE: Thank you.
CHAIRMAN PHILLIPS: Any other questions?
REPRESENTATIVE INABINETT: I have one question.
CHAIRMAN PHILLIPS: Mr. Inabinett.
REPRESENTATIVE INABINETT: Yes. Ms. Edmonds, with reference to scholarships, how involved has the present Board been with the administration in attracting funds so that scholarships can be granted to students?
MS. EDMONDS: Representative, that is a question that I'm really not capable of answering because I've only served for seven months. I've been to three Board meetings up to this point in time. I do know that there are certain committees that deal specifically with scholarship issues and they're very active. But those ... I don't happen to be serving on those committees but I do know that there is interaction there.
REPRESENTATIVE INABINETT: And there are Board members on those committees?
MS. EDMONDS: Yes, sir.
REPRESENTATIVE INABINETT: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Thank you, very much.
MS. EDMONDS: Thank you.
CHAIRMAN PHILLIPS: Fourth district seat eight, Alex Kiriakides, III from Greenville.
ALEX KIRIAKIDES, III, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that this committee should know about?
MR. KIRIAKIDES: No, sir.
CHAIRMAN PHILLIPS: Considering your present position and occupation, does it prevent you from serving on a full-time basis?
MR. KIRIAKIDES: No.
CHAIRMAN PHILLIPS: Do you have any interests either professionally or personally that would constitute a conflict of interest?
MR. KIRIAKIDES: No.
CHAIRMAN PHILLIPS: Do you now hold any other public office that would constitute dual office holding should you be elected?
MR. KIRIAKIDES: No, sir.
CHAIRMAN PHILLIPS: You may go ahead with your statement, sir.
MR. KIRIAKIDES: Okay. Thank you. In deference to time and if the committee would allow me, I will try to use my opening statement to tie in some of the questions that we've already heard. And in doing that, one of the things that has been talked about extensively this morning is the Palmetto Scholarship and I tend to agree with the concept of allowing all students the opportunity to go to any State or if it's private or public school in the State. I tend to think that if there's an opportunity within the State, then they should be allowed to stay here and perhaps as a way to deal with that after they leave college, maybe there's a way to have them stay here for a period of time afterwards and work for a business that's within South Carolina, if that is perhaps just something to offer. As far as the deferred maintenance, I tend to think that the schools should fix buildings before they offer for additional funds for new buildings. As stated previously, our university is a fairly young one but it will grow old as everything does. So, perhaps there are ways to have the schools show a cost benefit analysis as to whether it's feasible to build a new one before they, you know, if it's too expensive, I guess, to build a new one before they try to fix an existing building. As far as the subsidizing tuition, I tend to think that anytime there is a third party that's involved in paying for anything, that a subsidy can get out of hand over time. And I'm sure that as you all have heard it seems that most of the trustees that have spoken so far tend to support keeping the money within the public arena. But if ... if 140 hours is not enough time for someone to finish over four or five or six years, then after that point they should probably come up with the money. I think those were the three main questions and I'll be glad to answer any other questions if you ... my background very quickly is a business man that's involved in business in the Carolinas and Georgia and I tend to put my emphasis on the students, the parents and the taxpayers. I'm not an alumni of Francis Marion. I actually went to Wofford. I finished in three and a half years. I ... of course that was in Spartanburg and it's not one of those kinds of places that you're going to stay for any length of time. Of course, I'm from Greenville so I would say that. Thank you.
CHAIRMAN PHILLIPS: Any questions from any committee members?
REPRESENTATIVE INABINETT: Yes, sir. I have a question.
CHAIRMAN PHILLIPS: Representative Inabinett.
REPRESENTATIVE INABINETT: Thank you, sir. Have you or other members of the present Board been involved with the administration in addressing the teacher shortage that we have? Has there been any dialog, any committee work, any emphasis at all put on addressing the teacher shortage that we have in South Carolina?
MR. KIRIAKIDES: Yes, sir. My knowledge of that would be that, I know that Francis Marion over the last few years has done a lot of things. I know they're tied in with the Medical University, you know, doing a program between the two for nurses. They also do a lot of things in the community for educating. Working with the high schools, you know, bringing ... bringing the educators in the high schools in and our faculty going out and actually, you know, spending a lot of time in the high schools for just preparing both sides. We have a very active education department and I would ... I'm not sure but I think it may be our second largest department after the ... perhaps after the business school. So, my knowledge of it which is somewhat limited directed to that question would be that I think we are doing as much as we can to educate and to developing teachers.
CHAIRMAN PHILLIPS: Any other questions?
REPRESENTATIVE GAMBLE: But I want to just offer one note. I think you all did apply for the Teacher Fellows program. I think you did and that's one that's got me a little bit confused right now because some colleges did not get named Teacher Fellow site. I'm not so sure before it's all over with we're not going to have to look at that much like I'm talking about looking at the Palmetto Fellows because five private institutions were chosen as Palmetto Fellow sites and four of the public colleges with the split, with 200 seats being something like 84 going to the private colleges and 116 to the public colleges. There again, we're sort of tracking students down one path and if the goal of the program is to have more teachers, more people to go through more teacher education programs in the State, I'm not so sure we want to put that type of restriction on them that you have to choose one of these specific schools. So, that's another whole can of worms one day. But next year will be the first year of the Teacher Fellows program but that's a $6,000.00 a year scholarship. That's a better scholarship than the Palmetto Fellows scholarships and yet we're going to sort of be tracking those students as well and I'm not so sure that's a good idea either. Because if we really want the best and brightest students in South Carolina to be teachers, why don't we go identify the 200 best and brightest and let them choose the teacher education program that they want to attend. And I say that with USC being chosen as one of the sites. I still say that because I think that there again, I'm not so sure that what's been done there was the best ... the best solution to that situation.
MR. KIRIAKIDES: I'll have to agree that anytime there is competition, you know, and we can allow, you know, them to stay here and I don't ... I'm not someone that believes in protectionism for our school or for any school. I think that we should focus as you've stated three or four times on the students and what's, you know, that's our main interest and if we can keep ... or the teachers, if it's related to that. So, I would have the same philosophy.
REPRESENTATIVE GAMBLE: Right. And see what concerns me with this, I mean, I don't know how often the plan is to revisit who is a Teacher Fellow site. But, you know, if these are permanent sites, I mean, then that's going to cause a problem before long because Clemson did not get chosen. Winthrop did not get chosen. Francis Marion did not get chosen. And so, I think, I mean, I think we're going to have ... I mean, I think, we need to address that at some point in time.
MR. KIRIAKIDES: Were any schools in the State chosen?
REPRESENTATIVE GAMBLE: Oh, there were four public colleges and five private colleges.
MR. KIRIAKIDES: Private colleges that were chosen.
REPRESENTATIVE GAMBLE: We had Anderson chosen, Newberry chosen.
SENATOR WILSON: Not P.C.
REPRESENTATIVE GAMBLE: ... Furman was chosen. USC Columbia was chosen but not USC Aiken or USC Spartanburg. So, here again, the purpose of that program, I mean, when you're providing somebody $6,000.00 a year in scholarship money, we want to go after the best and the brightest who are willing to work in the profession and stay in the profession and I'm not so sure that trying to track them down the path is a good thing either.
CHAIRMAN PHILLIPS: Any other questions? Thank you, sir.
MR. KIRIAKIDES: Thank you.
CHAIRMAN PHILLIPS: Let me make this announcement. I said earlier that I didn't think since the day was a holiday that the City of Columbia would ticket cars. Senator Wilson informed me they're working like bees around the cars outside. So, if you would like to check your car now and you have a ticket if you'll bring it back, we'll see what Senator Wilson and I will pay for them.
SENATOR WILSON: We can't fix them. We can pay them.
CHAIRMAN PHILLIPS: If anybody wants to do run out there and if you're in line, we'll certainly wait until you come back. We won't ... if you want to check your cars or somebody ... I'm sorry. I ... in my hometown they don't work on holidays. (OFF THE RECORD)
CHAIRMAN PHILLIPS: The fifth district seat ten, Lorraine H. Knight from Hartsville.
LORRAINE H. KNIGHT, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health problems that would prevent you from serving in a full capacity on this Board?
MS. KNIGHT: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend the meetings on a regular basis?
MS. KNIGHT: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interest professionally or personally that constitutes a conflict of interest?
MS. KNIGHT: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public office or appointed to anything that would constitute a dual office holding?
MS. KNIGHT: No, sir.
CHAIRMAN PHILLIPS: You may proceed with your statement.
MS. KNIGHT: In the interest of time, I'd just like to thank you for this opportunity to speak with you and answer any questions today and just to say that I'm a graduate of Francis Marion. And probably would not have been where I am today if it had not been a location that I had to drive an hour from Cheraw to Francis Marion each day to attend classes. And had it not been there I may have not been able to finish. I feel like a lot of children in the Pee Dee are in that same situation. So, I appreciate the ability to serve this institution and would like to continue.
CHAIRMAN PHILLIPS: Any questions from any of the Board members?
REPRESENTATIVE GAMBLE: If you will briefly just share your thoughts.
MS. KNIGHT: Okay. Just briefly I think I can support the credit hour concept for the students. I happened to graduate in three years but mainly because I needed the money and I feel like that's a part of ... there are a lot of factors that go into that graduation rates today. I'm a former high school principal and I have dealt with a lot of parents who I probably don't agree with in terms of what their expectations are for their children. And I think sometimes it overflows into college as well. I also am currently superintendent of education in the school district. So, I think, strengthening that K-12 education so that the children are better prepared when they go to college or two or a four year college is extremely important. And I would also like to see, if we did that, universities looking at first year freshman support groups to provide those guidelines and support groups for kids that first year so that they will be able to continue on. In terms of deferred maintenance, that's really not a big issue at Francis Marion. We're fortunate that our buildings are all post 1970. But I think they have done an excellent job, our administration has, in setting aside money for deferred maintenance. But I do think again, as a superintendent of education, I had that same dilemma with trying to keep buildings up. And I do think that when you're looking at your publics, if you're not keeping up existing buildings, then you feel hard pressed to say ... then you're going to build new ones until you've done your homework. And then Palmetto Fellows again as a high school principal I had parents at my door all the time. Of course, I was not in a position to really solve their problem except to counsel with them. And I think there's a lot of merit in maybe looking at the money following the children, particularly if our interest is keeping the brightest in South Carolina. Francis Marion is fortunate that about ninety plus percent of the graduates reside and contribute in South Carolina ... make contributions to the economy. And I think that's a wonderful investment that the State has in Francis Marion.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Ms. Knight.
MS. KNIGHT: Thank you.
CHAIRMAN PHILLIPS: From the sixth district seat 11, James A. Brown, Jr. from Florence.
AMES A. BROWN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that this committee should be known ...
MR. BROWN: No, sir.
CHAIRMAN PHILLIPS: ... be made known about? Considering your present occupation and other activities, are there any reasons you can't attend the Board on a regular basis?
MR. BROWN: No, sir.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that would constitute a conflict of interest by serving?
MR. BROWN: No, sir. I do not.
CHAIRMAN PHILLIPS: Do you now hold any other elected public office that would constitute dual office holding?
MR. BROWN: No, sir. I do not.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. BROWN: In the interest of brevity, I'll have a very short statement. I'm James A. Brown, Jr. I reside in Florence, South Carolina. I was appointed to the Francis Marion Board in August of 1999. It's been challenging, exciting. I've had a lot of fun especially under Dr. Fred Carter's leadership and the members of the Board. Just so the legislature understands, we're a very united Board. We have a very united administration and faculty now. And I think we've got Francis Marion poised to accomplish some really positive things for our region of the State and for the State as a whole. At this time I would be happy to answer any questions. Thank you, very much.
CHAIRMAN PHILLIPS: Any questions?
SENATOR WILSON: Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: I know that you are filling the seat of Peter D. Hyman.
MR. BROWN: Yes, sir, I am.
SENATOR WILSON: And what a wonderful person he was. What a great citizen of South Carolina and you indeed have big shoes to fill and so I wish you well. He's a person that is missed by all the people of South Carolina.
MR. BROWN: Yes, sir. And as you are aware, he's one of the major reasons Francis Marion was founded when he was in the legislature. And you're right. And I think of that often, it is quite an honor for me to fill the seat that he occupied.
SENATOR WILSON: I served with him in the Army Reserves and he's just a ... was a wonderful person.
MR. BROWN: Yes, sir. He was. He really was.
CHAIRMAN PHILLIPS: Any other committee members?
REPRESENTATIVE GAMBLE: Mr. Brown, if you would just briefly touch on two of those issues, the credit hours and the Palmetto Fellows. You can skip deferred maintenance since you all are so fortunate.
MR. BROWN: I was going to take that one first. That's the easiest one. Again, deferred maintenance is not a problem. However, I do feel that deferred maintenance should be managed out of our dollars not through bonds. You shouldn't repay maintenance out of indebtedness. On Palmetto scholarships, I think that's really a decision, you know, for the legislature. If the legislative intent of it is to follow the student, then I think that speaks for itself and it's up to you folks to direct that.
REPRESENTATIVE GAMBLE: And that has been the intent but we have been lobbied fiercely by some of our colleges and Francis Marion has not been one of them. I'll say that, you know, since I am bringing that issue up today. And so that's why we're really trying to get a feel from the people who are members of the governing boards as to what your positions are on it.
MR. BROWN: Unfortunately right now only in rare occasions do we compete with Furman and Wofford for students. However, we plan to change that with the assistance of people in this room. On the issue, I think there is a lot of merit to limiting the credit hours. What I would suggest to the legislature though to consider is I don't think parents or students understand that the legislature or the taxpayers pick up part of their education. I think they think the legislature funds the schools but I don't think they understand it's directly tied to that student. So, some form of education to the parents and the students, hey not only do you have a responsibility to yourself and your parents here, you also have a responsibility to the State to try to maximize this opportunity that you've been provided. I had planned to take about a five or a six year course myself and about three years through my father explained to me that it was the last year he was going to pay for. So, I had to really hustle my last year at Francis Marion. I was a 1977 graduate. Did make it in four years but I had to have some encouragement from my dad about responsibility. Unfortunately, I think a lot of children don't or young adults don't get that as often as they need it.
REPRESENTATIVE GAMBLE: You know you bring one point up that maybe we need to do with tuition bills much like we do with property tax notices. When the State gave the residential rebate a few years ago, we listed the total tax bill and then we list how much the State is paying in property tax relief. Maybe that's what the tuition bills need to show from now on, the total amount that it costs to educate the child and what the State is kicking in towards that education each year. And, you know, and any scholarship money that might be offsetting it that would be State funds and then, you know, the bottom line, this is what you owe. That might be something that we at some point in time want to look at because I agree with you. I mean, I think a lot of parents think they're paying it. That what they contribute is the tuition and there's no other money or they don't have any concept really of what that money is really like.
MR. BROWN: And I agree with you and I think it will make our job at the institutions ... we deal with a more informed group as the legislators, I think it would be a help in understanding that a commitment you're making to higher education.
REPRESENTATIVE GAMBLE: Thank you.
CHAIRMAN PHILLIPS: Any other committee members.
MR. BROWN: Thank you and thank you for what you do for Francis Marion. Thank you.
REPRESENTATIVE GAMBLE: Thank you.
CHAIRMAN PHILLIPS: Sixth district seat 12, William W. Coleman, Jr. from Florence.
WILLIAM W. COLEMAN, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that this committee should be made ...
MR. COLEMAN: No, sir.
CHAIRMAN PHILLIPS: ... made known about?
MR. COLEMAN: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend all the Board meetings like you have in the past?
MR. COLEMAN: Yes, sir.
CHAIRMAN PHILLIPS: Do you personally or professionally have anything that would constitute a conflict of interest at Francis Marion?
MR. COLEMAN: No, sir.
CHAIRMAN PHILLIPS: Do you hold any other public office that would make you a dual office holder?
MR. COLEMAN: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. COLEMAN: I'm W.W. Coleman. I'm from Florence. I was a first graduating class graduate of Francis Marion in 1971. My family is from the Pee Dee. I love the institution and what's it's done to give a lot of people that wouldn't have had an opportunity to go to school, we still at graduations periodically we ask how many are first generation students and graduates and it's a high number. I'm very proud of that. One of the goals I want to do, I've been on the Board since '88, is one day I'd like to see every student that comes to Francis Marion get some kind of assistance towards the tuition and costs. And I will address some of Representative Gamble's things. You know, I'm probably more leaning toward the State on the Palmetto Scholars on public institutions but at the same percentages as it now, I really don't see it as a problem. As Mr. Brown said, we don't have a lot of those students who are narrowing it down to us and Wofford or Furman. So, it really hasn't been a big problem at Francis Marion. We're going to change that. That is a fact. And I'd like to think that there would be more and more money available for that. On the hours required, I was like Jimmy too. I'm a 160 hour person, I think, and it's because I changed majors in a junior year and had a little play time in there too. I don't have any problems with the 140 hour requirement. We do have a lot of, you know the number of years, I think, would be a problem or pose a problem at Francis Marion. I don't think the number of hours would. I'll entertain any questions.
CHAIRMAN PHILLIPS: Any other questions from any member? Thank you, sir. Thank you, Mr. Coleman.
MR. COLEMAN: All right.
CHAIRMAN PHILLIPS: Okay. At large seat 14, Robert W. Williams, Jr. from Effingham.
ROBERT W. WILLIAMS, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related reasons that we need to be known about?
MR. WILLIAMS: Not at all that I know of at the present time, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, do you or are you able now to continue to serve on a regular basis?
MR. WILLIAMS: Yes.
CHAIRMAN PHILLIPS: Do you have any personal conflict of interest or professional?
MR. WILLIAMS: None.
CHAIRMAN PHILLIPS: Do you hold any other public office that would constitute dual office holding?
MR. WILLIAMS: No, sir. I do not.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. WILLIAMS: Mr. Chairman, members of the committee, it's a great privilege and honor for me to stand before you today as a newly kid on the block appointed by the Governor to fill out an unexpired term and also nominated me to be considered to be a member of the Board of Trustees for Francis Marion University. Thank God for Francis Marion University. Ladies and gentlemen, that is one of the greatest assets that we have in the Pee Dee region of South Carolina. It has provided an education to children had it not been for Francis Marion they would not have been able to have an education. We've got to continue this. We've got to have support from the legislature to support this institution. We're going to have to develop because of the ... we're going to have to develop a program whereby we can have a better high tech suffering for qualified, highly educated technical students and I hope that Francis Marion will move in this area in the future. I have had the privilege of working with Francis Marion for about ... well, since Doug was there and he started that institution many many years ago. But actively for about the past eight years serving on the Foundation Board of the University. Served as treasurer of that Foundation and we have been able in the last four years to raise contributions and funds from about a $3,000,000.00 level to $10,000,000.00 for educational assistance and help with scholarships. Many moons ago, I made a commitment to myself that we were going to do everything that we could to help Francis Marion University become one of the great institutions of this State. To help do that and to help the children, the needy children in the Pee Dee region, we established a scholarship program and today we've brought roughly $200,000.00 to the University in scholarships. I've developed a plan to bring roughly four to $600,000.00 over the next four years to the institution for needy scholarships. And we were one of the first to make a contribution to start the teacher certification program. Made a contribution of $30,000.00 to assist and help have these teachers go on and get their certification and we were proud to be the pioneer in developing this at Francis Marion University. We were also, when Dr. Vickers was president, worked with Dr. Vickers who assisted, helped start a intern program. We did not have an intern program at Francis Marion through the businesses. We started the first intern program at Francis Marion with ten students and that has grown. And in regards to answering Representative, Dr. Gamble's question on deferred maintenance, I'm in the utility business and you cannot milk a cow but you've got to have reliable electric service, so therefore you're going to have to take care of your deferred maintenance. You're going to have to take care of your maintenance on a current basis and you're going to have to have new capital to provide infrastructure to meet the growing needs of the institution. The same as we do in the electric utility business. And I hope that the legislature will look at the needs of this institution in the future and help and assist us in growing, continuing to increase our enrollment and to continue to educate the children that needs this education so bad. Thank you. I'll be glad to answer any questions.
CHAIRMAN PHILLIPS: Dr. Gamble.
REPRESENTATIVE GAMBLE: Tell me again how long have you been on the Board.
MR. WILLIAMS: I've been on the Board since August of last year. Governor Hodges appointed me to serve the unexpired term of a trustee.
REPRESENTATIVE GAMBLE: All right, now ...
MR. WILLIAMS: I have served as treasurer of the University Foundation for about, I think, eight years.
REPRESENTATIVE GAMBLE: Money and dollar figures catch my attention. You said something a minute ago about you raised at a level of 3,000,000 and you had taken it to 10,000,000. What time frame are we talking about?
MR. WILLIAMS: Four years.
REPRESENTATIVE GAMBLE: So, you're saying that the Foundation was at the level of raising about 3,000,000 a year and now you're raising about 10,000,000 a year?
MR. WILLIAMS: No, no. We raised six additional million in four years ... seven ... seven additional million.
REPRESENTATIVE GAMBLE: That's a cumulative ...
MR. WILLIAMS: Seven additional million in four years.
REPRESENTATIVE GAMBLE: So, that's a cumulative total then?
MR. WILLIAMS: In four years, yes, ma'am.
REPRESENTATIVE GAMBLE: That money is used primarily for scholarships?
MR. WILLIAMS: Scholarships mostly, other activities that are legitimate for the University budget that's outside of the State supported funds.
REPRESENTATIVE GAMBLE: Explain a little bit further you started telling something about teacher certification and that sort of threw me. Has something new happened with teacher
certification at Francis Marion because you all have had a teacher ed department for years?
MR. WILLIAMS: What's the name of ...
MS. EDMONDS: It's just a partnership between school districts and Francis Marion where ...
REPRESENTATIVE GAMBLE: Professional development.
MS. EDMONDS: ... whereby ...
MR. WILLIAMS: That's right.
MS. EDMONDS: It is, but it's more than that. If we are ... we are making scholarship donations to school districts to Francis Marion and then in turn those children come back and teach in our school district. So, it's kind of a win win. There are 19 school districts that have formed a Pee Dee Education Center Consortium that work with Francis Marion on a variety of issues.
REPRESENTATIVE GAMBLE: Okay.
MR. WILLIAMS: It's whereby we loan the teacher $2,000.00. The State would loan 2,000.
MS. EDMONDS: Right, then that's another program you're talking about is National Board Certification.
MR. WILLIAMS: National Board Certification.
REPRESENTATIVE GAMBLE: Oh, okay.
MR. WILLIAMS: Yes, National Board Certification, yes.
REPRESENTATIVE GAMBLE: So, Francis Marion is using some of its Foundation funds to pay that what was 2,000, now I think it's going up to 2,300.
MR. WILLIAMS: No, no, no. I gave them $30,000.00 to start the program.
REPRESENTATIVE GAMBLE: Okay. And so from that $30,000.00 you all were making awards to pay the certification application fee?
MS. EDMONDS: Right.
MR. WILLIAMS: Right. And it's on a revolving basis.
CHAIRMAN PHILLIPS: Representative Inabinett.
MR. WILLIAMS: Which is good for the teacher.
REPRESENTATIVE GAMBLE: Oh, yes. Oh, yes, that is very good.
REPRESENTATIVE INABINETT: It sounds as if you have been involved in raising quite a bit of funds. Is the fundraising that you're alluding to a collaborative effort between the administration and the Board, which is the leadership?
MR. WILLIAMS: It's everybody is involved. Private industry is involved. We are working with private industry in the Pee Dee region to obtain their support and assistance to help us to educate our children in the Pee Dee because we come from a poor area. Marion County, Dillon County, Williamsburg County are pretty low on the totem pole and therefore, we're trying to get industry involved to assist and help in scholarships. And the scholarship money that I'm talking about comes directly from private industry.
REPRESENTATIVE INABINETT: And this is initiated by Board members basically or again in a collaborative effort?
MR. WILLIAMS: It's a collaborative effort by all, yes, sir.
REPRESENTATIVE INABINETT: Thank you.
REPRESENTATIVE GAMBLE: So, your Foundation has Board representation but then also community representation?
MR. WILLIAMS: Oh, very much so. Yes, we have the community involved in Francis Marion activities which is great.
CHAIRMAN PHILLIPS: Any other questions? I'd like to say thank you to Robert because I've known him for a long time. Robert's been generous to serve in various boards across South Carolina and serves the South Carolina Aeronautics Commission as our Vice Chairman and I just appreciate knowing you and what you did for Florence County Airport and that area. As a member of the Aeronautics Commission, I know you will work with this Board also.
MR. WILLIAMS: I guarantee I'll work my heart out for it. Already done it and will pledge to you I will continue to do it. Thank you.
CHAIRMAN PHILLIPS: Thank you.
REPRESENTATIVE GAMBLE: Mr. Chairman.
CHAIRMAN PHILLIPS: Yes.
REPRESENTATIVE GAMBLE: If we're going to get into personal tributes, we certainly have to acknowledge that we have Jean Harris' daughter on this Board and we miss your mama but we love Anthony just as much. And we know you're doing a good job over there because we know your stock.
MR. WILLIAMS: She is and everybody loves her too. Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: What's the pleasure of the committee on Francis Marion?
REPRESENTATIVE INABINETT: Move favorable.
SENATOR GIESE: Second.
CHAIRMAN PHILLIPS: All in favor? (ALL IN FAVOR)
CHAIRMAN PHILLIPS: Mr. Inabinett, we will now rush over to Lander. And the first district, seat two. We've got seven congressional and one at- large. The first district seat two is Robin R. Agnew from Myrtle Beach.
ROBIN R. AGNEW, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems we need to be made aware of?
MS. AGNEW: No.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, are you able to attend the Board meetings on a regular basis?
MS. AGNEW: Yes, I am.
CHAIRMAN PHILLIPS: Do you have any personal or professional interests that would cause a conflict?
MS. AGNEW: No, I do not.
CHAIRMAN PHILLIPS: Do you now hold any other public office ...
MS. AGNEW: No, I do not.
CHAIRMAN PHILLIPS: ... by election or appointment?
MS. AGNEW: No, I do not.
CHAIRMAN PHILLIPS: All right, thank you very much. You may proceed with your public statement.
MS. AGNEW: Thank you. Good morning ... good afternoon, I should say. I am proud to be here. I am Robin Agnew and I am from Georgetown County. I live at Pawley's Island. And I'm also very proud to be what my customers affectionately call a Lander Lilly. I'm a 1988 graduate of Lander University and I feel like I'd like to give something back to the University because they gave me so much. I'm an incumbent. I am serving in an unexpired term as of July 1999 which expires this year. And I've been ... I've served on two Board meetings since that time and I'm very excited about where the school is going. We're also in a very exciting mode right now in that we are screening for a new president and that process is ongoing as we speak and we should know more or should begin the actual interviewing process after our next Board meeting. As far as addressing the issues that Representative Gamble has been popping up to us, as far as the hours or the number of hours that are credit hours that the school has or should limit their hours to, I believe that the hours ... I'm trying to think, it took me 120 hours to graduate. And in that time, I graduated staying on my course of study although I wanted to come back after I finished my graduation and attend more hours and I'm not sure if that comes in and causes another issue where I've already done 120 hours, will the State allow me to come back in under the existing resources to do more, because I wanted to do that. I do feel that the children and as far as my child goes too, I do feel that he should stay on course and try to limit his number of hours for a course of study and attempt to terminate that degree or come to a terminal degree with that. As far as the Palmetto Fellows, I really don't know enough about that to form an issue or to formulate an answer to that issue. I understand about the 18 percent private and the 82 percent public. I feel like as a taxpayer maybe it's a double edged sword ... I feel like as a tax payer that it should go to public schools but as a parent I feel like if my child would want to go to a private school that I would like that scholarship to go there. So, it's a double edged and I would have to think that more so than this forum to decide how I would go with that issue. As far as deferred maintenance at our school, I do believe that we should take care of our deferred maintenance before we proceed with our improvements. If there is any other questions, I'll be glad to address those.
CHAIRMAN PHILLIPS: Any questions?
REPRESENTATIVE GAMBLE: I would like to make one comment. When you talk about coming back in to take additional courses, that's currently allowed over at USC. You can come in and audit classes. So, you get the same experience as going through the course but the State does not provide any subsidy for that. You pay the tuition though because you pay that to sort of offset you being in the classroom and taking the spot. And that's on a space available basis. But the State does not subsidize or that's my understanding the State is not subsidizing colleges right now with audit ... with audits.
MS. AGNEW: I see what you're saying. A lot of times the auditing portion of that it was on a first come first served basis. So, if you signed up for a class you would definitely get into it if you were paying full tuition fee. And that's in my schedule, because I was a self paying student, I was also working full-time. It had to be my ... it had to work into my schedule and not the school working around my schedule. I had to work into that schedule. So, I felt like I had to pay the fee instead of auditing.
REPRESENTATIVE GAMBLE: Right, right. Well, I mean, you can understand too that the priority has got to be to those students who are currently in a degree program. That one who already has a degree ... we've got some that are, you know, currently perusing a degree and we have only so many spaces. I mean, we would have to give priority to those students who are there. I mean, continuing ed is handled differently at ... at different schools, I mean, you know, there's ... as a matter of fact, for public school teachers, you basically can take the equivalent of an education course at USC and take it for what is called recertification credit. So, continuing ed is handled differently within different colleges and schools within a university setting.
CHAIRMAN PHILLIPS: Any other questions. Thank you, very much, Ms. Agnew. Next will be Anthony Noury from Mt. Pleasant.
ANTHONY NOURY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any related health problems that we need to be made known about at this time, that would prevent you from serving?
MR. NOURY: No, I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, are there any reasons you wouldn't be able to attend all of the Board meetings on a regular basis?
MR. NOURY: No, there wouldn't be. No, there would not.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that constitutes a conflict of interest?
MR. NOURY: No.
CHAIRMAN PHILLIPS: Do you now hold any other public, elected or appointed office that would constitute a dual office holding?
MR. NOURY: No.
CHAIRMAN PHILLIPS: You may proceed.
MR. NOURY: Thank you very much for having me here this morning ... afternoon to present my testimony for the reasons or my desires to be on the Lander Board of Trustees. But as a first matter of order, Chairman, I'd like to go ahead and let you know I brought these two tickets downstairs.
REPRESENTATIVE GAMBLE: You have two.
MR. NOURY: I'm glad to see that the meter maids in Columbia work just as hard in Columbia as they do in Charleston. From moving from there I would like to make a point that Lander has been in my special interest since graduating there in 1988 when I received a B.S. degree from their business school. Currently I'm serving on Lander's Board of Visitors. The University has remained in my special interest over the last 12 years since graduating and this was one of the areas that I felt like I could contribute other than writing a check to the University. I feel that I can responsibly and unselfishly provide some of the leadership it's going to take the University as they forge into the next ... into this millennium and beyond. You know, in my first 33 years, I can certainly see why institutions that we have around the State, whether it's Francis Marion and importantly Lander University, that it is such an important institution to our State and to our citizens of South Carolina. Since leaving Greenwood in 1988, I've had the fortunate career to work for about three different Fortune 500 companies in which I'm working for one now, which is Johnson and Johnson Incorporated. I feel like the bachelors degree along with this work experience allows me to certain specific skill sets that it will take to be able to lead and provide a responsible leadership on a board such as the Board of Trustees at Lander University. I volunteer my time and effort to Lander University because I want my alma mater more recognized in the Low Country as it is recognized as one of the great institutions in the upper regions of our State. That's my primary reason for being here today.
CHAIRMAN PHILLIPS: Any questions from any committee members?
REPRESENTATIVE GAMBLE: I'd like for you to talk on these three issues that I've been talking about, the number of credit hours that the State subsidizes, the Palmetto Fellows program and also the deferred maintenance versus new construction requests.
MR. NOURY: After hearing some of the information from earlier candidates and some of incumbents, considering these are relatively new subjects for me, since I'm not an incumbent for this particular position, I can only lend what I feel like from a personal standpoint and I'll start with the Palmetto Fellows scholarship. Importantly, I feel like it would be more important ... it would be nice to have more information before leading to a final decision on it. However, I do feel like the word choice is important to be able to where you can ... where those students can go within the State. To me it is important and I don't know if it sounds like we're trying to keep students within the State of South Carolina or are we trying to keep citizens in the State of South Carolina. I feel like the long term is it's important to keep citizens, good citizens, productive citizens and leaders in the State of South Carolina and do that through the vehicle means of being able to provide them choice of the institutions that they can go to throughout the State. You also, I believe, Representative Gamble mentioned that the percentages are very small on that, as it relates to overall costs. That's why I feel like choice may be important if those percentages are small. As it relates to the deferred maintenance, I can only tell you as when it comes to deferred maintenance as it relates to a 21 year old house that I currently own, outside of that, my analogy is somewhat simple. Is that if you have a pencil and you have a disposable pen, if the pencil breaks you sharpen it. If the disposable pen breaks you usually throw it away and get another one. So, if we have means or if we have institutions and buildings if they're a good pencil, sharpen it. If it's a bad pen, it might be time to throw it away and start again. That's my analogy on that. I wish I could speak more to that level but considering I'm not ... I don't have as much information as I would like to make that statement. In terms of 140 hours, I believe my curriculum allowed 118 hours and I finished just at 121 hours ... I finished that. I was under the strong encouragement from fortunately my father put me through school but I had to do that in four years. And I did not start out with a stellar program the first part of that college program, but I quickly realized the importance of getting out otherwise it was going to come out of my own pocket to be able to do that and also move on with the goals and objectives that I have set forth. But I do feel like one of the biggest problems in the credit hours is not necessarily students changing their curriculum or changing their major, I feel like it's students dropping courses to be able to maintain a certain GPA level within the institutions and therefore, they'll drop that course and then will add to the length of time that they go to school. And so if you think that is an overall problem, some of the pre- entry level programs will be very important so they can have ... that first and second semester in college is so important to get a high GPA or to maintain a good level, it makes the rest of the years that much easier to maintain that level and keep good clear focus on what you want to do. But I do think something prior to stepping into the school would be a very very good program to explore and take a look at. In terms of allowing students to explore their opportunities, many many young kids getting out of high school don't really have any idea of what they want to do. I'm in business and I have been for the last 12 years. My father was a physician. My mother was a registered nurse. They really didn't have strong backgrounds as it related to business per se. It was something that I had to stumble and learn upon and do that on my own. But honestly, some of that took place at the collegiate level in talking to advisors and teachers and other community members in and around Greenwood that gave us good direction as students. Also, I can kind of close on that one thought, we're in changing times. I call on cardiologists as a primary customer right now. Some of the other physicians around maybe can attest to this, years ago, it used to be four years of undergrade, four years of medical school, maybe another four or five years worth of residency. Now to maintain that level of ... a high level of cardiology, you need to go to one extra year of a fellowship to do interventional cardiology, another to do electrophysiology. We're in changing times and it seems to add on to what our educational requirements are. I can't give you a definitive answer but there are things worth exploring as it relates to that area.
REPRESENTATIVE GAMBLE: Right, and I think we're all aware of that so when we talk about doing this, we're talking about doing something that is appropriate to what those various curricula are out there today because they do vary. I mean, you know, you've got a pharmacy program that's a five year and now it's moving towards a six year program. And so I mean, I think that we do have different types of programs with different course requirements ... course credit hour requirements. So, I think we have to be considerate of all those ... all of those things as well. I notice that you and Ms. Agnew were from the same class, did you all know each other at Lander?
MR. AGNEW: I don't think so.
MR. NOURY: I don't think so. That's usually crazy because Lander is a small enough institution where you usually do know.
MS. AGNEW: Well, see I was a working student so I went like early in the morning, whenever I could catch an hour, late at night.
REPRESENTATIVE GAMBLE: Are you implying that he was a fraternity student?
MS. AGNEW: Evidently. Because I didn't run into many of the on campus students. Did you stay on campus?
MR. NOURY: Yes, I did stay on campus. That's an important part of that too is that it seems like a lot of boarding students kind of stayed together and the community students came down and they kind of joined the program. But sometimes there was a little bit of difference between the two in terms of when there were some friendships formed in the early stages but that is interesting though.
CHAIRMAN PHILLIPS: Any other committee members that have got any questions? Thank you, very much.
MR. NOURY: Thank you.
CHAIRMAN PHILLIPS: Second district seat four, George R. Starnes from Columbia. Mr. Starnes.
GEORGE R. STARNES, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that this committee needs to know about?
MR. STARNES: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, would you be able to attend on a regular basis?
MR. STARNES: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interest personally or professionally that constitutes a conflict of interest?
MR. STARNES: No, sir.
CHAIRMAN PHILLIPS: Are you now holding any other elected or appointed position that would constitute dual office holding?
MR. STARNES: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. STARNES: Okay. I am a graduate of Lander University and also a current member of the Board of Trustees since 1992. At present I am Chairman of the Finance and Facilities Committees. So, I'm sure I'm going to get questioned on deferred maintenance. I'm also on the Lander Foundation and has been mentioned we are in the middle of a presidential search and I am also on that committee as well. So, I am very involved at Lander. It seems like right now it's on a weekly basis, not a monthly or quarterly basis. And I would like to say that I think Lander University is one of the best kept secrets in the State. We are the smallest State supported school and because of that we've got some unique challenges that we are facing in the coming years and I feel like that with my past experience that I am well positioned to be of benefit to the school. For the sake of time, I'll close there and then cover any questions.
CHAIRMAN PHILLIPS: Any questions from any committee members?
REPRESENTATIVE GAMBLE: Just those same that I've been asking.
MR. STARNES: Okay. On the ... I'll take the facilities question first and fortunately Lander has a ... has been blessed with a lot of new buildings. And, but some of our buildings are aging now and we are having to deal with that and we are having to rob Peter to pay Paul right now. Another concern that I have being the chairman of that committee is not only with maintenance but it's when we bring new buildings on line there is an incredible cost to maintain those buildings and it has had a tremendous impact on our budget when we have brought buildings on line in the past having to deal with how we heat and cool those buildings. So, not only is the concern for maintenance of older buildings but if we do get new buildings in the future and I know we have requested time and time again for a student facility which we are in dire need of, but my concern is if we do receive the funds to build that building how are we doing to maintain that building.
REPRESENTATIVE GAMBLE: That's very true because, you know, when we're talking about maintenance here today we're really talking about heavy duty maintenance in terms of heating and air and keeping the roof on and, you know, the insulation where it's supposed to be and those kinds of things. But then when it's a new building you're actually adding to your campus, it's just the day to day custodial, somebody to change the light bulbs, to clean the toilets, to mop the floors, you know, so you add another expenditure that you, you know, assume responsibility for.
MR. STARNES: Well, for example with the last two years we've had a new math and science building to come on line and if the numbers serve me correct, it's about a quarter of a million dollars a year just to open the doors to that building and to keep it going. And for a small school that's a lot of money and we have a lot of budget concerns. And we're very concerned with it and that's one of the things with this presidential search committee that we're dealing with right now is that we've got to bring a president in who is going to make some tough and maybe some very unpopular decisions and I think he's going to have to have a very strong Board stand behind him so that we can get our house in order.
REPRESENTATIVE GAMBLE: How many students do you all have right now?
MR. STARNES: We have about 2,800 full time students. So, we are, you know, the smallest.
REPRESENTATIVE GAMBLE: That's still a very good sized school.
MR. STARNES: It's a good sized school.
REPRESENTATIVE GAMBLE: I mean, you know, it's ...
MR. STARNES: Lander is very much a community school. We serve really a seven county area up around the Greenwood area and I think we do a real good job in serving that. In regards to the question dealing with the 140 hours, I have a brother who is four years older than me and my father sat both of us down and said guys I think about eight years back to back is all I can take. So, I had a very strong incentive to get out of school in four years. And I did. I think we've got the ... I like the idea as far as the hours not the years because at Lander and I checked on this last week, the average age of the student is not the traditional student. We are serving an older student body and I think the average age is between 26 and 28 years of age. And those people ... the reason they're there is because they're working. So, I think if you look at the number of hours versus the number of years you're on the right track there. In regards to the Palmetto Fellowship and I've not given this a lot of thought, but as a parent, I feel like if my children want to go to private school that's probably my responsibility to provide it not the State of South Carolina's. As a Board member, I've got to see what kind of impact that has on Lander University and I don't know those numbers. I would suspect that we aren't losing a lot of those students to Wofford and Furman just based on who we serve in our community.
REPRESENTATIVE GAMBLE: I think it's primarily, USC, Clemson and the College of Charleston.
MR. STARNES: I think you're probably correct there. But I'm just not ... so I can't really comment on that as a Board member.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Mr. Starnes.
MR. STARNES: Thank you.
CHAIRMAN PHILLIPS: Next is Mr. Peter Buttress of Lexington.
PETER BUTTRESS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: I'll ask you the question; do you have any health related problems that we need to be known about?
MR. BUTTRESS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, would you be able to attend the Board meetings on a regular basis?
MR. BUTTRESS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that would constitute a conflict of interest?
MR. BUTTRESS: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any other public, elected or appointed office that would constitute dual office holding?
MR. BUTTRESS: No, sir.
CHAIRMAN PHILLIPS: You may proceed.
MR. BUTTRESS: Thank you, sir. Mr. Chairman, Ladies and Gentlemen, you will quickly discover that I don't have the wonderful Southern accent that all of you have and that's because I'm relatively new to the State of South Carolina. I moved here three years ago and I presently live in Lexington. Before taking an early retirement in 1987, I had had a long and distinguished career with IBM where I became a director of personnel for a business unit of some 5,000 employees. After I retired I did some business consulting and was hired by one of my clients as a vice president of personnel. In 1990 I left the business world and began working as a freelance writer. My articles have appeared in newspapers and magazines in Connecticut, Massachusetts, South Carolina and North Carolina and, as a matter of fact, yesterday I had a travel article about Hilton Head Island that appeared in the Miami Herald. More important than my business background, though, is my experience as a Trustee of Alfred University, my alma mater. Alfred is a small private university in upstate New York with an undergraduate enrollment of about 2,000 students. I've served on the Board since I was first appointed in 1979 and I'm currently a Trustee Emeritus. As a 1962 graduate with a bachelor of arts degree in English, I have a great appreciation for the benefits of a college education. I was given financial assistance by the University when I was an undergraduate which enabled me to earn my degree and begin a successful career. So, consequently, I have dedicated myself to serving on the Board and repaying the school in the small way through my time, talents and resources. During my tenure I've helped set policy, reviewed management practices and assisted in fundraising and each May I have watched with pride as students walked across the stage to receive their diplomas knowing that I helped Alfred University maintain balanced budgets, strengthened its curriculum, grown student enrollment, constructed new buildings and improved campus appearance. Now, the reason I chose to apply for Trusteeship at Lander University is because it is a school that is comparable in size and it has similar academic programs and coincidentally the president of Alfred University is retiring in June of this year as is the president of Lander University. And we too had a search ... a presidential search ongoing. Now, I'd like to address the three questions that you've raised in the past. First of all on maintenance. Building maintenance is vitally important at Alfred University. We as a small private school, we are in competition for students. And so it makes absolutely no sense for a prospective student and parent to walk on campus see a beautiful student union building and then walk into a dormitory and find cracked toilets, ceilings peeling, roof leaking or carpets stained. And so we have an ongoing program to make sure that our buildings are attractive and that they will attract prospective students. So, what do we do about new buildings? Well, frankly we go out and raise the money from donations and pledges and we will not build a new building until we've got the money in hand and then we go ahead and put them up. On the subject of Palmetto Fellowships, as you can imagine coming from a small private institution, I'm pro-choice. I think that if a student has earned a Palmetto Fellowship, that student ought to be able to go to any institution in South Carolina. This is a competitive market and if Wofford or some of the other private schools can attract these students God bless them. They need the money just as much as the State institutions. And finally on your question about the limit on hours. Sixty-seven percent of Alfred students graduated four years. Why is that? Because most of them got financial aid and we're not prepared to continue financial aid at infinitum. And so knowing that their financial aid will come to an end after four years, they work very hard to get their program complete. We do one other thing though because, you know, perhaps the question in your mind is well, what about the other ... the third that don't graduate in four years. They really fall into three categories. A small number are expelled from school for cause. Another number leave for a variety of reasons -- the girlfriend has moved, I don't like the climate here, I don't like the ... there's not enough activity on campus, whatever the reason. And for those students we conduct an exit interview for every student who is leaving the university voluntarily and it gives us a very good feel for what are the causes and are there any trends. Now, if they're leaving because of weather, we can't fix that. But if they're leaving for some other reason that we can fix, we fix it because think about this, every student who leaves the university before graduation means that we're losing revenue. So, there is a great deal of emphasis on campus about retention. The third group fall into the category of academic difficulties. And as soon as we spot a student who is getting into academic difficulties, we focus on that student and provide them with assistance. We have a mentoring program on campus so that that student can be assisted along the way and get back on track. It's not a perfect system but, as I say, two thirds of our students graduate in four years. Are there any other questions?
CHAIRMAN PHILLIPS: Any other questions?
REPRESENTATIVE GAMBLE: No, but I will make one comment. My niece ... one of my nieces is at North Hampton College over there right now, right out of London. So, she's experiencing the higher education system over there.
MR. BUTTRESS: Great.
REPRESENTATIVE GAMBLE: It's been a great experience.
SENATOR WILSON: I too want to note that you're a naturalized citizen from Cambridge, England. I had the privilege of visiting the American Military Cemetery this summer and we certainly appreciate what a wonderful and beautiful place that is to remember the contribution of American Service members.
MR. BUTTRESS: Thank you.
CHAIRMAN PHILLIPS: Any other committee members? Thank you, Mr. Buttress.
MR. BUTTRESS: Thank you.
CHAIRMAN PHILLIPS: Third district seat five, Mamie W. Nicholson from Greenwood.
MAMIE W. NICHOLSON, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that would prevent you from serving on the Board in a full capacity?
MS. NICHOLSON: No.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, would it prevent you from attending all the Board meetings?
MS. NICHOLSON: No.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that would cause a conflict of interest?
MS. NICHOLSON: No.
CHAIRMAN PHILLIPS: Do you hold any other public or elected office other than this that you're seeking now?
MS. NICHOLSON: No, I do not.
CHAIRMAN PHILLIPS: Thank you, ma'am. You may go ahead.
MS. NICHOLSON: My involvement with Lander has been a long one. I began serving on the Board of Visitors for Lander. Have served on the Lander Foundation Board and then was appointed in 1996 to the Board of Trustees. That term ended in 1999 and I have recently been appointed to an unexpired term, to complete an unexpired term. I serve as Chair of the Student Affairs Intercollegiate Athletics Committee and am also on the search committee for Lander's new president at this time. And at this, I would just like to say that I realize the value of Lander to the Greenwood community, to the surrounding community both, I mean, economically, educationally, culturally, everything. Lander is a vital part of the Greenwood community. We love having Lander there and I intend to work and do everything I can possible to keep Lander a vital part of that community. And I'll respond to questions if you have them.
CHAIRMAN PHILLIPS: Questions?
REPRESENTATIVE GAMBLE: Well, I'd just like those same three questions addressed briefly.
MS. NICHOLSON: As far as facilities and maintenance, deferred maintenance, as you called it, I serve as chair of Student Affairs Intercollegiate Athletics Committee. That's a hard word to say. And as the chair of the Student Affairs Committee I hear from students a lot. One of the things that the students really need on the Lander campus is a new student center. And I know that they need that facility. I know that it is a vital part of what ... of the students getting together and knowing each other and a place for them to just be on campus. I also know that if we have buildings there that they need to ... that we need to keep them up and we need to have the funds to do that. So, I am for a balance, I guess, in that that we need to really need to pay attention to what we already have. But we also need to go out and seek funds to provide new facilities as they are needed.
REPRESENTATIVE GAMBLE: I'm looking at you all's request before CHE right now. You all don't have a student center down as a request. Is that ... am I reading something that's inaccurate or do you have a student center request pending?
MS. NICHOLSON: We have had the student center.
REPRESENTATIVE GAMBLE: Do you think possibly that was in the bond money that was passed last year?
MS. NICHOLSON: Possibly.
REPRESENTATIVE GAMBLE: I mean, this is the request for this coming fiscal year.
MS. NICHOLSON: It was there last year.
REPRESENTATIVE GAMBLE: And it reads that you all have heating and air conditioning ...
MS. NICHOLSON: It should be there this year.
REPRESENTATIVE GAMBLE: ... upgrades and that you have needs for a math science complex to repair some ... it says repair the brick veneer and then the Genesis Hall renovation.
MS. NICHOLSON: We have the math and science facility already.
MALE VOICE: That's to fix the brick though.
MS. NICHOLSON: To fix the brick. Oh, okay.
REPRESENTATIVE GAMBLE: But I don't see ...
MS. NICHOLSON: The student center should be there or it was there.
REPRESENTATIVE GAMBLE: Right. Well, these are the only three requests that I've gotten from CHE.
MS. NICHOLSON: I don't know what happened with that.
REPRESENTATIVE GAMBLE: Did you all get bond money out of last year's bond that was passed?
MS. NICHOLSON: No, we did not.
REPRESENTATIVE GAMBLE: On the State's subsidy being capped on the number of credit hours?
MS. NICHOLSON: The number of credit hours, I can agree with that. I would ... I do think that we need to look at that a little bit in that I am not your traditional student. I came from a two year technical college and then went on to a four year school. And sometimes you lose credits there. You end up needing more hours. I don't know how that would fit into this plan. But that's a different perspective that I think we need to address when we're looking at that, as to if a student transfers from a two year institution to a four year and how the credits would go that way.
REPRESENTATIVE GAMBLE: When did you finish the two year program?
MS. NICHOLSON: Two year program in 1975, I think.
REPRESENTATIVE GAMBLE: We do have a college parallel program now in our technical colleges that was not there then. And so, I think students can come out of a technical college with better information as to the courses they've taken and which of those courses and quite frankly if they're in that college parallel program, all of those courses should transfer into a four year program. But I think where you're most probably talking about is, you know, for instance if you were going into a baccalaureate nursing program at USC, there would most probably be some nursing courses that should have, you know, been taken in the freshman year even. So, you would come in if you came in from a technical college you could just ... liberal arts two year degree, you know, you might be somewhat behind there. But that's ... that's why I'm saying that once we deal with this issue and I say once because I do think eventually we are going to deal with this, there has got to be some wiggle room and some consideration for those kinds of things that you're talking about. You know, but those students that are going into two year colleges aren't costing us nearly as much money as those students who are going into four year colleges. So, I'm ...
MS. NICHOLSON: I can agree with a cap on the hours.
REPRESENTATIVE GAMBLE: Yes, but you ...
MS. NICHOLSON: Today I can.
REPRESENTATIVE GAMBLE: ... do ... you do bring a point and I'm glad and this is why I've run through this with everybody that was there because just like earlier when Ms. Richardson was talking about people that come in with 30 hours of AP course work. I mean, those are the kinds of things that would need to be addressed, I mean, you know, as you're trying to look at the whole thing and trying to come up with something that could be ...
MS. NICHOLSON: And I don't know either how that parallel works. If you go in, for instance, if you take that two year nursing degree and then you decide to get a bachelors, I don't know if you do the nursing things. That's just an example ...
REPRESENTATIVE GAMBLE: Well, I think there's a separate track and I think there is a way you can do that but ...
MS. NICHOLSON: Right.
REPRESENTATIVE GAMBLE: ... I think it is a little bit different track.
MS. NICHOLSON: But that's where you end up losing the hours when you do it reverse, I think, is what happens.
REPRESENTATIVE GAMBLE: And about the Palmetto Fellows program, what are your thoughts on that?
MS. NICHOLSON: The Palmetto Fellows program, I am for keeping that with public institutions. I feel that if I want a private education for my child, then I should be willing to pay for it. That's my personal opinion.
REPRESENTATIVE GAMBLE: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Thank you, very much.
MS. NICHOLSON: Thank you.
CHAIRMAN PHILLIPS: The third district seat six, Finis Horne.
MR. HORNE: That's Finis. I'm the last of 13 children. So, they named me Finis.
REPRESENTATIVE GAMBLE: Sort of like the final child?
MR. HORNE: It's Finis. I'm the final child.
FINIS HORNE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that this committee should be made aware of that would prevent you from serving?
MR. HORNE: No, sir.
CHAIRMAN PHILLIPS: Do you have any other activities that would prevent you from attending all the Board meetings ...
MR. HORNE: No, sir.
CHAIRMAN PHILLIPS: ... on a regular basis? Do you have any interests professionally or personally that would cause a conflict of interest?
MR. HORNE: I have none.
CHAIRMAN PHILLIPS: Do you hold any other public offices ...
MR. HORNE: No, sir.
CHAIRMAN PHILLIPS: ... that would constitute dual office holding?
MR. HORNE: No, sir.
CHAIRMAN PHILLIPS: You may proceed.
MR. HORNE: Thank you.
CHAIRMAN PHILLIPS: Please be brief, if you will.
MR. HORNE: Okay. I will. I spent 29 years at Lander University as Athletics Director and Basketball Coach and that's a very rewarding experience. I think the greatest thing that any of us can do is be part of the educational system in some way. I know that the best rewards that I've ever had is seeing the young individuals grow and mature and get educated and improve their life. So, it's been an honor for me for those years to help be part of that and I would like to continue serving on the Board of Trustees at Lander University. And as far as the three things that we've been debating or discussing, maintenance I think is always a problem. The thing that I've seen with maintenance over the years is say like our roof needs to be done this year and maybe the money is not there and then it has to be done a year or two years later and then it costs more than if it had been done at the present time. So, I think funding is a problem with maintenance. And as far as the Palmetto Fellowship, my heart has always been in public education. I started out teaching and coaching in a junior high school and I just think the heart of our country is in public education. And as a taxpayer I have never had interest in helping fund private schools. And as far as hours with ... in terms of attendance or hours, I would have no problems with, you know, a certain cap on hours because it has to be paid for someway. One of my bigger concerns is the debt that students have when they complete their degree. I know of some now that's up over $40,000.00. So, that's a big problem. Thank you.
CHAIRMAN PHILLIPS: Any questions?
REPRESENTATIVE GAMBLE: No, but I want to make one comment about the student debt. You know, I'm so ... I'm pleased that we have so many resources available for students but I'm not so such sometimes they get the counseling they need before they take on some of this debt and I'm not sure that some of them don't take on every penny that's available when maybe they could get by with fewer pennies because I'm hearing more and more of them graduating from undergraduate school with 35 and 40 and $45,000.00 in debt. Yet, I mean, I've had students who have worked in my office over at the University, who I knew what they were getting out of the office. I knew what they were paying for tuition. But then they got to drive the new car. They got to have a microwave. They've got to have a VCR. You know, they've got to have all these other things and I'm not sure so sure that sometimes that money isn't being put out there and being ... I mean, it's there and so they're taking advantage of it when maybe that's not ... they didn't really need every cent of that money to go to school. I mean, I don't think it's the same as it was when I was coming along and people talked about they needed money to go to school. They were basically looking for tuition and they were happy to eat peanut butter sandwiches. But that's my thoughts on that.
CHAIRMAN PHILLIPS: Any questions? Thank you, Mr. Horne.
MR. HORNE: Thank you.
CHAIRMAN PHILLIPS: The Fourth district seat eight, C. Tyrone Gilmore of Spartanburg. Mr Gilmore was unable to attend.
SENATOR WILSON: He's not here.
CHAIRMAN PHILLIPS: No, and he's deferred to the 28th. The fifth district, seat ten, S. Anne Walker from Columbia.
MS. WALKER: Just a correction, your agenda says Columbia and I actually live in Sumter, South Carolina. I work out of Columbia. So, I do live in the district that I represent.
SENATOR WILSON: We're happy to claim as such, as member of the Midlands community.
ANNE WALKER, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that we should be made aware of at 224 this time?
MS. WALKER: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, would it be a hinderance for you to attend the Board meetings on a regular basis?
MS. WALKER: No, sir.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that would constitute a conflict of interest?
MS. WALKER: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any other public office elected or appointed that would constitute a dual office holding?
MS. WALKER: No, sir.
CHAIRMAN PHILLIPS: You may proceed.
MS. WALKER: Thank you. I too am a Lander graduate. In fact, I come from a family of seven Lander graduates. I am currently a member of the Board of Trustees. Have been a member since 1988 and I currently serve as Vice Chair and I have previously served on Academic Affairs committee and chairing student affairs, et cetera. So, I have been involved in the University at the Board of Trustee level for the past 12 years and obviously it's been part of my heart for many many years. You have all the information in front of you so far as the testimony, so I won't go into all of that. I have a real interest in continuing to be able to serve Lander. And so far as the questions from Dr. Gamble related to taking care of the buildings that we have on campus versus building new ones, I'm not going to say anything new, but balance is important. We've got to take care of what we have but we have to move forward and if we're going to be competitive we have to have the facilities that we need in order to meet the needs of the students. So far as the Palmetto Scholars I probably have, like a lot of other people, several opinions on that. So far as being a Trustee of Lander University, if the intent of the legislation was in fact to provide funding for students to go to public institutions, then obviously, I think it should stay as it is. If the intent was for it to provide funding for students period, regardless of where they want to go, then obviously something different needs to happen. So, I hate to sound like I'm on both side of the fence on that one but I'm no sure that I know the original intent of that legislation and that seems ... and whether it's this legislation or other legislation that seems to change during the ... through the years depending on who's doing the interpretation. But not having that information, I would lean towards it staying as it is. The last question relates to putting some kind of cap on the number of hours that the State would pay for. I went to Lander and was very active at the campus and graduated three and in a half years. And not because I'm a scholar but because I needed to get in there and get my education and get out. When our daughter, who went to Lander, called me her sophomore year and said mama, I think, it's probably going to take me five years to graduate, my response was that's fine, not a problem, but your graduation date based on four years is May of '95 so, in May of '95 we're going to quit paying and you'll need to go ahead and think now about what kind of job you want to get to pay for that last year of college. Needless to say she graduated May of '95. So, that does not mean ... let me be clear here about this, for the programs obviously that require five years, et cetera, then we should give them the time. I know my daughter's roommate got a degree and she's now a speech therapist, of course, she went on and got the masters plus 30. But just to get that undergraduate degree with the student teaching et cetera, there's no way I don't believe she could have done that in four years based on the requirements. So, obviously if you have a cap on hours, I don't see a problem with that. Other questions?
SENATOR WILSON: Mr. Chairman.
CHAIRMAN PHILLIPS: Mr. Joe Wilson, Senator.
SENATOR WILSON: There's no question in your private background being the Executive Director of the Alston Wilkes Society and we're really proud that you have been the President of the Columbia Rotary Club that you're very perceptive and in fact you were very perceptive to raise the point of what was the intent of the Palmetto Fellows program. And I believe that many of us in the General Assembly and I believe the majority who actually voted for it fully intended it for the students and it's really very unfortunate that it's become an artificial argument about public and private. That was not what we were fussing about in the General Assembly. We were trying to encourage the best and the brightest students to stay in South Carolina and give them an avenue to do so. But unfortunately, there were other forces at work beyond my knowledge and, in fact, the reason it became such a crisis is because nobody really understood what was happening until after the guidance counselors had given advice and many fine students and families were hurt but particularly students. And so I still hope that this can be addressed. Also I want to commend you about your attitude about the four year graduation rate. That certainly is really what is so important and that is that families expect that their children should graduate in four years. It's best for the child and of course, it's hard to call a college student a child, but it's best for the young person to know that there's a four year experience, put everything that you have into it and then you possibly will go on to graduate school or work for, as for Mr. Starnes, for a very fine insurance company. But truly this extended college experience I don't think is necessarily good for the students, certainly not for the families and not for the taxpayer. So, I appreciate your attitude.
MS. WALKER: Okay. Thank you. Just a comment so far as about funding for education and you all have heard it before but, I think until we get to the point in this State where we're willing to make the commitment to fund higher education appropriately you're going to have these situations where legislation gets passed. People are looking for funds to grab them wherever they can grab them because it's just ... we're in crisis mode so far as being able ... for example we really don't have an adequate ... we don't have the adequate student union. I know that Dr. Campbell ... that's not on the list and we'll be checking into that because we've had conversations that it was supposed to be on the list so we'll be asking about that, I'm sure. But nonetheless, it's tough and we all know it's tough. There's only so much money to go around. But when we get to the point in this Sate where we're willing to fund higher education the way we're willing to fund K through 12, we might not have this kind of interpretation taking place with those kinds of laws.
REPRESENTATIVE GAMBLE: And I think once we can get to the point where we can limit credit hours, we will free up funds to be able to put additional funds in higher education. I mean, I think that problem ... I think it's mainly a credit hour problem more so than it is a time span problem. Yes, they're staying around six or seven years but I don't think they're staying around six or seven years and graduating with 125 hours. I think they're graduating with 175 or 180 or 190 and they've majored in three or four different things. And I just think more thought has to go into that up front. I mean, it's just, you know, like I said earlier in the day, that is a major expenditure. It's a major expenditure for the student and their family and it's a major expenditure for the State and, you know, I don't make major expenditures without giving it a lot of thought and consideration and if I'm not sure yet what I want to buy, I wait to buy it. You know, and I think the same thing has got to be true of a college education.
MS. WALKER: Well, I appreciate what you had to say and in the essence of time I'll stop. I appreciate what you had to say in reference to students tapping into financial aid because if it's for room and board that's one thing. If it's for getting other things that they would like to have that's another. And so there is a problem, I believe, with that and that goes right along with 18-year-olds being able to get credit when parents are paying ... credit cards and parents are paying for their tuition. So, that's another whole subject. I thank you and if there are other questions. Mr. Chairman.
CHAIRMAN PHILLIPS: No other questions. Thank you, Ms. Walker.
MS. WALKER: Thank you.
CHAIRMAN PHILLIPS: We have the sixth district seat 12, Walter D. Smith from Florence.
WALTER D. SMITH, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Smith, do you have any health related problems that prevent you from serving in a full capacity?
MR. SMITH: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, would you be able to attend the Board on a regular basis?
MR. SMITH: Yes, sir.
CHAIRMAN PHILLIPS: And do you have any interests professionally or personally that would cause a conflict of interest?
MR. SMITH: No, sir.
CHAIRMAN PHILLIPS: Are you elected or appointed to any position that would constitute the holding of a dual office?
MR. SMITH: No, sir.
MR. SMITH: I'm seeking election ... reelection for the ... my forth term, Mr. Chairman. During my three terms I have attempted to work hard for Lander and I have had some 32 years of experience in higher education and I would hope to bring that experience to bare on Lander's operations. And I'll be happy to answer your questions.
CHAIRMAN PHILLIPS: Any questions?
REPRESENTATIVE GAMBLE: If you would just briefly, very briefly, respond to the questions I've been posing.
MR. SMITH: Well, in regard to your question about the student that it takes ... stays in school so long, I wonder is there some evidence that there are lots and lots of students who are taking ... staying in very very ... a long long time?
REPRESENTATIVE GAMBLE: Oh, there is a tremendous amount of evidence. I've gotten the statistics here on the graduation rate and the graduation rate for Lander is 16.42 percent of them are graduating in four years. Forty-eight ... no, I'm on the wrong line, excuse me. That 16.42 is correct. 36.07 in five and then 41.54 in six years but like I said earlier, I'm not so interested in the time period as I am the credit hours because of the fact that I understand that a lot of students are adults and may only be able to attend school on a part-time basis. But many students are staying in and earning 160, 170, 180 hours because they go in and they major for something for awhile and then they decide well, I don't know if I like that and then they change it. Keep changing majors. Or they aren't successful in some of the classes or make too many D's. They don't quite flunk out but then they don't make courses that will count towards a degree program and so that's what my concern is that students are not ...
MR. SMITH: Well, I wondered if there was evidence that there were many students who had taken many many hours and I could see no reason not to have some upper limit on that. Although, the times are changing and I'd like to see enough flexibility for somebody to come back after receiving say a bachelors degree in music and go into nursing. I've seen this happen and I presume that anything we might do would leave that open. As for the State scholarships going to the private schools, I tend to favor public monies going to public institutions. I served on the Presbyterian Board for nine years. At PC we had the Presbyterian church and many many donors willing to support Presbyterian. They have a different ... they have access to different funds and I guess I would be inclined to restrict private monies to ... I mean, public monies to public institutions. Now, as for the question about maintenance, I would think that every institution would be very careful about its maintenance programs and would ... it is a big problem. Sometimes you have to have a little balance. One institution has to delay its maintenance to build a new building and I think it might be necessary for those decisions to be made principally on the campus, again, on an individual basis, for those decisions. Although, I can see a philosophy that dominates the program that would say let's take care of our maintenance as it's needed.
REPRESENTATIVE GAMBLE: Well, as we just heard a little earlier when we bring a new building on-line, it's very expensive to bring that...
MR. SMITH: It's very expensive.
REPRESENTATIVE GAMBLE: ... new building on-line. So, it's not like we're bringing the new building on-line and that paying the cost of building is all of your cost. And so bringing the new building on-line you're bringing all the expenses of putting the new building on line and you still have your deferred maintenance needs out there. And so that's what has me really concerned.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR WILSON: I would like to point out that the Palmetto Fellows funding is actually a fee on nuclear waste disposal in South Carolina. So, it's not a general fund expenditure. So, it's not general tax money. It's actually a fee and it was sold to many of us that this was a fee on nuclear waste disposal to be used to encourage the best and brightest students to stay in South Carolina, period. And that's what we thought it was. Not a tax subsidy to get into a fuss between public and private institutions.
REPRESENTATIVE GAMBLE: Well, here again, we could stay on this subject all day long but here again, too, it's awarded based on the student's achievement. It's not awarded based on anything that the colleges do or don't do. And so, you know, our taxpayers, I mean, we have one set of taxpayers and within that one set, you know, we have people who want their children in private colleges and people with children who choose public colleges. But they 237 all contribute taxes to the State too. It's not like these tax funds are generated just from people who use the public facilities. So ...
MR. SMITH: Well, I'm sensitive to of question. I sent two kids to private schools so I'm aware of that.
REPRESENTATIVE GAMBLE: Right.
CHAIRMAN PHILLIPS: Any other questions of Mr. Smith? None. Thank you. All right. At-large seat number 14, Ann B. Bowen from Greenwood.
ANN B. BOWEN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Ms. Bowen, are there any health problems you may have that need be made aware of this committee?
MS. BOWEN: No.
CHAIRMAN PHILLIPS: Considering your present occupation and activities, would anything hinder you from attending on a regular basis?
MS. BOWEN: No.
CHAIRMAN PHILLIPS: Do you have any interests professionally or personally that would cause a conflict of interest?
MS. BOWEN: No.
CHAIRMAN PHILLIPS: Do you now hold any other elected or appointed offices that would constitute a dual office holding?
MS. BOWEN: No.
CHAIRMAN PHILLIPS: Go ahead.
MS. BOWEN: In 1993, to my great very surprise and my very great delight, I was appointed to a seat on the Lander College, Board of Trustees. I've listened all day long and I am the only person so far who is an alumnus, a 31 year retiree and a Board member. I had had an interest in Lander since 1950 and I really really hate to say that because this is my golden anniversary year. That's a long time. I'm interested in Lander's history and the fact that it gave its first baccalaureate degree in 1873, 100 years exactly before it received State support. I'm also one of the people who worked to gain that support and if you haven't heard the thank you from me, you can hear it right now. Thank you very much. It's been, I hope, on the part of the legislature money well spent. It's not necessary to add, I'm sure, that I would like to continue to serve. I'm a member of the committee on academics and I'm very happy to be serving there. I enjoy it very much. And suppose to get onto the questions. I personally have learned a great deal today from listening to this debate. I'm sure it was not supposed to be that at the beginning of the day but I've learned a lot. And I would like to answer those questions. As for the maintenance issue, I used to do budget. I know a lot about this issue. And frankly we used to blame the State because the bond money was in one pot over here and the E and G money was in another pot over here and if the legislature or the committees or whoever are finding that they need to get those two things together a little bit, I can only applaud. Just recently I had occasion to go to an office and ask if we were having maintenance problems to the point that we couldn't get the walk track where I walk at 6:30 every morning swept every now and then. It is a difficult issue. It is a very difficult issue and I have known it for a number of years. As for the hour cap for students, I have listened all day and the biggest thing I have learned is that we are now to consider the legislature, the General Assembly, as a subsidizer of students. I frankly have to get my mind around that a little bit. It took me awhile to get used to being a State agency. And then when I began to get comfortable with that then I had to switch to a University. I consider Lander a very very very vital regional resource in this State and we made the case when you go to State support that we had earned it in the work we did in nursing and in education. I have not seen a reason to retreat from that position. If you ... if you really wish to micro-manage to the point that someone has to keep you informed as to how many hours the State has been involved for which student, then more power to you, if that's what you want to do. We have to change, I think, the way we do business at a small regional university when we realize that the kid is going to come with the money in his hand. And I don't think we have adjusted to that reality yet even insofar as it is now a reality. As for the third question on the Palmetto Fellows, if we are recognizing achievement of students, I absolutely believe it should stay with the student. My ... I have three children. My two older children are both State schools, Lander and the College of Charleston and I am thrilled with the education that the both of them got. My third child went to college in Colorado and I'm wondering if I had applied for that subsidy that did not get spent on him, maybe you could reimburse me for the cost of that school.
REPRESENTATIVE GAMBLE: We do that. If they go out of state and they're majoring in something that we don't offer in South Carolina.
MS. BOWEN: Unfortunately, you don't do that when they go to Colorado.
REPRESENTATIVE GAMBLE: We have agreements where if they ...
MS. BOWEN: I tried.
REPRESENTATIVE GAMBLE: ... take something that's not offered. What do you mean you tried?
MS. BOWEN: I tried.
SENATOR WILSON: Such as veterinarian.
REPRESENTATIVE GAMBLE: Right, and then there is some of the fine arts too.
MS. BOWEN: He took geological engineering. Anyway those are my answers. If you have any questions I would be happy to hear them.
CHAIRMAN PHILLIPS: Are there any questions?
REPRESENTATIVE GAMBLE: I mean, I think you addressed ...
CHAIRMAN PHILLIPS: Covered it pretty well.
SENATOR WILSON: I want to thank ...
CHAIRMAN PHILLIPS: Representative Wilson.
SENATOR WILSON: ... Representative Gamble again. In regards to the 140 hours, a key point on this is again encouraging a four year graduation rate. That's ... and one way to do it is ...
MS. BOWEN: We worry about that all the time and we do retention studies and we do all sorts of schemes to try to get the student to stay. But we also have Piedmont Tech in Greenwood and we are used to ... it is nothing to us to see students drop in and drop out of State schools. It is very frustrating.
SENATOR WILSON: And ...
MS. BOWEN: And it's also a fact of life.
SENATOR WILSON: And with your dedication and background at Lander, thank you, very much. Because what I see is that we need the people who are in the academic environment to encourage students to graduate in four years courses that they fill up so quickly that the person can't take them and there are all kind of administrative and procedural process problems that could be addressed if all of us are working together to try to come up with a four year experience for those who can.
MS. BOWEN: I certainly agree with that.
SENATOR WILSON: And then apparently Lander and I know this has a student population which is older than the general population but it ... so there can be variances. And then I also appreciate you have an open enrollment program. There are a number of fine students from our community who are there now who wouldn't have the opportunity if it hadn't been for such a fine institution. And they are doing very well.
MS. BOWEN: Yes.
SENATOR WILSON: Thank you.
MS. BOWEN: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Ms. Bowen.
MS. BOWEN: You're welcome.
CHAIRMAN PHILLIPS: What's the pleasure of the committee on ...
SENATOR WILSON: All favorable.
CHAIRMAN PHILLIPS: ... Lander University?
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying I. (ALL IN FAVOR)
CHAIRMAN PHILLIPS: All of those that have been screened here today have been qualified. Thank you. Winthrop University, at-large two seats. Five people here for two seats and we'll hear from Mr. Hugh Hadsock, Jr. from West Columbia.
HUGH HADSOCK, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that the committee needs to be known?
MR. HADSOCK: No, sir.
CHAIRMAN PHILLIPS: No. Considering your present occupation, would anything prevent you from serving on a regular basis?
MR. HADSOCK: No, sir.
CHAIRMAN PHILLIPS: Do you have any interest professionally or personally that would constitute a conflict of interest?
MR. HADSOCK: No, sir.
CHAIRMAN PHILLIPS: Are you now appointed or elected to any position that would cause dual office holding?
MR. HADSOCK: No, sir.
CHAIRMAN PHILLIPS: You may proceed.
MR. HADSOCK: Thank you. My name is Hugh Hadsock. I'm a recent graduate of Winthrop College in 1987. I graduated with two degrees but I did it in four years, political science and communications. It was one of those types of situations where you can combine the two for a few more hours of study that I was able to get both majors done. While I was at Winthrop, I was very active. Upon arriving at Winthrop, I was student freshman class president. I was also one of the senators for three out of the four years I was there. I was very involved in the Bible United Nations program we had there and won an award of excellence through that. Also was one of the two students selected when we were going through the screening process of trying to acquire a new University president, at the time we were looking for and I was on the committee that selected Martha Kime Piper. Since then I've been ... I've moved around through the State. I had to live in Myrtle Beach for numerous years. Traveled around outside the State and came back. Recently saw when the article came out in the paper the opportunity to serve Winthrop as I once served it before. Just looking for the opportunity to do the things like it gave me the opportunity while I was at school and I'd like to carry on the tradition of ... that started while I was there and continue to do now. Just recently saw where Winthrop College was just recognized one of the top ten small universities in the regional area and I would just like to be a part of the program to try to make that better and move up higher in the rankings. To address the questions that have been presented from all the other candidates here today; on the first one as far as limiting the hours, I do agree what that in the concept as long as we get the stipulations and lay out the programs in each major, which degrees that need to be set aside to require more time. But there does need to be a time line set on this for hours but I think the schools have to do a better job of presenting this information to the students. As far as the counselors, I know they're all pushed for time but if they're aware that the money stops after such and such a time when they come in as a freshman, maybe that little bell will go off instead of party the whole time their freshman year instead of taking five years. As far as the Palmetto Fellows scholarship program, I do agree that the students should be able to use this to go anywhere that they intend to go strictly for the fact that it's awarded to the students. And I think if we can keep the top quality of people in the State as we're getting new economic growth in the State they will be able to fill those positions of need. As far as the maintenance, the building and new construction, I feel like there's like a three list program on that. There's a need, a need to maintain what you've got. There's a need to keep abreast of all the other universities and colleges as far as staying competitive and then there is a wish list, you know. The first two need to be addressed. Everybody has a wish. Everybody likes things new. If there was a surplus in money that would be great. Get something extra. But the first needs you have to maintain. I think it's a delicate balance between new and old to maintain your competitive edge.
CHAIRMAN PHILLIPS: Any other questions.
SENATOR WILSON: Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: I'd like to note that in the legislative ... in the personnel data questionnaire that you provided that you indicate that you are a member of the Cayce West Columbia Jaycees. It really needs to show that he's been a long time president. He truly is an institution in our community, working harder for a better community and we appreciate it very much.
MR. HADSOCK: Thank you.
CHAIRMAN PHILLIPS: Thank you, Mr. Hadsock. Next is Sandra Nelson of Lancaster.
SANDRA NELSON, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that this committee needs to know about?
MS. NELSON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation, is there anything that would prevent you from serving on the Board on a regular basis?
MS. NELSON: No, sir.
CHAIRMAN PHILLIPS: Do you have any conflict personally or professionally that would cause a conflict of interest in serving on the Winthrop Board?
MS. NELSON: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any other elected office that would cause you to be a dual office holder?
MS. NELSON: No, sir.
CHAIRMAN PHILLIPS: You may proceed with your statement.
MS. NELSON: My testimony statement, of course, is before you and to summarize that. I feel very very honored that I ... a personal friend of mine has requested that I put in my name for serving on the Board of Trustees for Winthrop. I have not had that past experience. But I would look at it as a definite honor and would certainly try to support it in as many ways as humanly possible based on my past education and experience. I do see Winthrop University in its regional as well as its State's excellence in a number of areas. One of those would be teacher education. Secondly, in research of various sorts. And thirdly, in its service mode to the community. I see that when those things are coupled we do indeed provide something I refer to as learning for that student who will become the citizen of the area and indeed in larger circles. It is in that light that I thank you for inviting me to this.
CHAIRMAN PHILLIPS: Any ...
MS. NELSON: Excuse me.
CHAIRMAN PHILLIPS: Go ahead.
MS. NELSON: Okay. I'm assuming that I also will be addressing the three questions and I ...
CHAIRMAN PHILLIPS: I feel like Ms. Gamble may ask you.
MS. NELSON: I suspect those who follow will also have the same questions. I find those of interest and not directly ... I, of course, have children ... have three children who have done the private as well as public education. And both of those have their merits in their own ways. In the Palmetto Fellowship, the notion of the choice for the student indeed may have precedence but it should follow previous statute however that is delineated. If in fact, one wishes to readdress it or revisit it in some way, I think that that is absolutely fine. And it should be revisited and absolutely clarified as to its intent and then its implementation and its evaluation then will follow that it will become more of what is wanted or needed. As far as maintenance of buildings and capital expenditure, well, I like the analogy of the pencil and the pen. That, I felt was probably it. One would have to know if indeed the expenditures are reflective of the current need or the current value or the length of time that something may actually be in use. If it will ... if you spend ... it's like having a boat where I'm sure that you already know that's like throwing money into a hole, it probably does not make sense to just keep spending money on a building which one can never resuscitate. So, for that reason many people move to just putting up a new building. Which in fact may be the most cost effective in the long run. So, cost analysis I would simply think would be in line on that. And the question referenced to the hours ... the number of hours that a student should do within a certain length of time I suspect and I feel that the funding should match the hours and then possibly use some sort of a graduated scaling back until it zeros out and that gives the student who has the various reasons why they cannot "do the program" in four years, that allows them to have the flexibility which they might need in order to succeed also. So, it can be addressed with paramiterizing in a slightly larger broader base of support. Those would be my generalized feelings towards those questions. I would like to, of course, entertain any others that anyone would like me to address.
CHAIRMAN PHILLIPS: Any other questions? I'd like to ask one.
MS. NELSON: Yes.
CHAIRMAN PHILLIPS: I should have of Mr. Hadsock also. But how do you feel about the present Board at Winthrop giving additional tuition discounts to attract north and south ... North Carolina and out of state students proposed by the president of Winthrop?
MS. NELSON: I personally would support it based on one thing, that we are seen in a regional light as opposed to a site specific spot. Winthrop, as you know, is in extreme close proximity to the Charlotte, North Carolina area. In fact, we see ourselves as part of the Charlotte, North Carolina community. So, indeed I would support that. I think that the notion ... Winthrop, one of its strongest points is indeed diversity and service to the community. It has over 100 student service oriented groups and those are pluses. Eventually those override the minutia of the everyday life of the campus and the university.
CHAIRMAN PHILLIPS: Any other questions? Thank you, very much.
MS. NELSON: You're very welcome, Mr. Chairman and Senators as well as Representatives.
CHAIRMAN PHILLIPS: Okay. Next we have Glenda P. Owens, from Charleston.
GLENDA P. OWENS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health related problems that the committee needs to know about that will prevent you from serving in the full capacity?
MS. OWENS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would it prevent you from serving on a regular basis?
MS. OWENS: No.
CHAIRMAN PHILLIPS: Do you have any interests either professionally or personally that would constitute a conflict of interest?
MS. OWENS: I don't.
CHAIRMAN PHILLIPS: Do you now hold any other elected office or appointed that would constitute dual office holding?
MS. OWENS: No, sir.
CHAIRMAN PHILLIPS: You may proceed with your statement.
MS. OWENS: Thank you, Mr. Chairman and members of the committee. I'm a graduate of Winthrop University class of '59. Have maintained contact and involvement with the University since then. Have served the past eight years on the executive board of the Winthrop Alumni Association. The last two years as the president. Also served four years on the Winthrop Foundation Board and was a member of the Steering Committee of the Capital Campaign. I would consider it an honor to be able to serve Winthrop in a continuing basis. I feel that my years on the Board have given me some good background preparation because I have been aware of the issues that the campus has faced for the past few years which have been some of the same issues that all the higher education has faced. I would consider it a big responsibility to help Winthrop maintain its quality and its reputation and I would consider it a challenge, and I think the challenge in this day and time would be to engage the commitment of everyone who has a stake in higher education, the legislature, the business community, the parents, students and the faculty engaged all of their commitment to maintaining a quality program of higher education in this State without sacrificing anything. We need to maintain our quality of education that is characterized by quality and broad accessibility.
CHAIRMAN PHILLIPS: Are there any questions from the committee members?
REPRESENTATIVE GAMBLE: I've just got the same.
MS. OWENS: The same three. Okay. I'll address deferred maintenance first. Most of Winthrop's dollars that they're requesting, I think, are going to deferred maintenance. Winthrop is proud of its architecture on its campus and has chosen to attempt to preserve its older buildings rather than to tear them down and build new ones. In fact the Life Sciences building which has just opened this fall, is the first new ... totally new academic structure that was erected on the campus since 1962. So, those deferred maintenance dollars are what are really needed at Winthrop. As for the Palmetto Scholars. I hadn't given this much thought until this morning and at this point it's hard to say something that hasn't already been said. But the first ... my first thought was that this is State money that should go to State supported schools. But I think this will require a lot of time and energy as we have already spent on it this morning to determine what would be the appropriate and best method to handle this. I think that I see the advantage of the giving it to good students to keeping them in the State. But this is something which I would have to devote some more time and energy into to come up with an answer. As far as limiting the hours for a course of study, it would definitely have to be hours and not years. I think the traditional four year degree as we've known it is almost a thing of the past. When I went to school you entered with a class. I entered with the class of '59 and I expected to graduate with the class of '59. You bonded with these people and you really wanted to stay with them, if you were left out, you didn't graduate with your class. Now, there's no bonding of the freshman class when they go in. They're not put in all freshmen dorms any more. They're scattered all around so you don't ... you don't identify with a class any more it seems in the colleges and universities. You identify with a fraternity or a sorority or some of the organizations. So, nobody feels the need to finish this up in four years. As far as the hours go, I think that again the new society that we're living in, the new technology is going to change the face of higher ed. I think the system of higher education in this century is going to be something different from the system that evolved after World War II. Things are more specialized. More requirements are there for graduates. We expect them to graduate with not only a broad liberal arts degree to prepare them for life but we also expect them to be computer literate and knowledgeable about all the new technology. So, I think that there are more requirements and I think that society and the marketplace might somewhat dictate to the universities and colleges what course of study they might expect their graduates to emerge with.
CHAIRMAN PHILLIPS: Any other questions? None?
REPRESENTATIVE GAMBLE: No, but I would make one comment; you all are requesting one new building which is a new library for $20,000,000.00 but all the others are renovations and even with that you obviously are going to replace a lot. In other words, you're taking one library out of your system. It appears that way because you got a high rating on it. That's what I'm ...
MS. OWENS: I'm not sure. I was under the impression that it was a renovation.
REPRESENTATIVE GAMBLE: The library is down for a new building. Everything else is down for renovations.
MS. OWENS: Okay.
REPRESENTATIVE GAMBLE: Peabody Health and P.E. is doing some waterproofing and roof repair on the Rutledge Building. Fourteen campus buildings have got to have windows replaced and then the Sims Science Buildings have got to have renovations done. So, you all ... I mean, all of your projects did get very high ratings, which means they are addressing both building needs as well as renovation or maintenance needs. You mentioned about being on the Foundation, the Winthrop Foundation.
MS. OWENS: Yes.
REPRESENTATIVE GAMBLE: Was you all's primary purpose raising money for ...
MS. OWENS: Yes.
REPRESENTATIVE GAMBLE: ... scholarships?
MS. OWENS: That's ... maintaining the financial side of Winthrop, raising money and Winthrop has just launched a capital campaign. The first capital campaign ever to bring in some dollars for scholarships and faculty enrichment, technology improvements. So, that is underway for the first time. So, that was my involvement with the Foundation Board. I was on that Board by virtue of being President of the Alumni Association and incoming president.
REPRESENTATIVE GAMBLE: When were you President of the Alumni Association?
MS. OWENS: My term ended in June, this past June.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Ms. Owens.
MS. OWENS: Thank you.
CHAIRMAN PHILLIPS: The next is Kay Wright Rush of Lexington.
SENATOR WILSON: I don't think she is here.
REPRESENTATIVE GAMBLE: I think she thought she was down for next time, next Monday. At least I was told that.
SENATOR WILSON: I was too.
CHAIRMAN PHILLIPS: Well, what we'll do is notify her.
SENATOR WILSON: Do whatever it would take to defer her to the next time.
REPRESENTATIVE GAMBLE: Yes, because I was told that she was coming on the 28th.
CHAIRMAN PHILLIPS: As to contacting her. All in favor say I. (ALL IN FAVOR)
CHAIRMAN PHILLIPS: Now, we'll get her in the next. Next is Mr. Harold P. Tuttle, Jr. of Rock Hill.
MR. TUTTLE: Yes, sir. Last and hopefully not least.
HAROLD P. TUTTLE, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Are there any health related reasons that this committee needs to be made aware of?
MR. TUTTLE: No, sir.
CHAIRMAN PHILLIPS: Do you personally present any occupation or activity that would prevent you from serving on a regular basis?
MR. TUTTLE: No, sir.
CHAIRMAN PHILLIPS: Do you have any professional or personal interest that would cause a conflict of interest?
MR. TUTTLE: No, sir.
CHAIRMAN PHILLIPS: Do you hold any other public or elected office at this time that would constitute dual office holing?
MR. TUTTLE: I do have an appointment to the Airport Commission, which is a public office. But it's appointed by the City of Rock Hill and the County Council in York County. But we are an advisory body and are not sworn in nor are we elected by the public at large.
REPRESENTATIVE GAMBLE: So, it does not require an oath?
MR. TUTTLE: No, ma'am.
REPRESENTATIVE GAMBLE: That's my understanding is that's the test. That if it does not require an oath then you're not holding two offices.
MR. TUTTLE: Well, I've been on the Winthrop Board for six years and each year I report that in my ethics statement and so far no conflict has surfaced, so I'm assuming that's not a problem.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. TUTTLE: As I just mentioned, I have had the privilege of serving on the Winthrop Board of Trustees for six years now. I guess the terms are different from institution to institution. Ours is six years. And I would very much like to be allowed to continue in that roll. Currently I serve as the Vice Chairman of that Board and also the Chairman of the Finance Committee. I came to the Board initially because I have a very sincere interest in seeing Winthrop thrive in the upper part of the State and in the State at large for that matter. I'm very aware of the central role that it plays in the State's higher education system. I served as the Vice President of Finance at Winthrop for five years back in the earlier eighties. So, I'm familiar with its operation from that standpoint. I was also a faculty member there in the business school for a year prior to moving into the private sector. We just finished a retreat, the Board of Trustees did, yesterday. This will be my fourth day on Board business, I guess you might say; Friday and Saturday, Sunday and now Monday. And I will share with you and I will go ahead and address a couple of the questions that have been raised thus far. A good bit of that time over the weekend we spent dealing with physical facility issues, in fact, this happened to be the focus of the majority of our conversation at this particular retreat. Each year we choose different subject areas. But that one ... this one has to do with some physical facilities. And with regard to the library, we have struggled with the facility that we have now because of some structural problems that it has, trying ... and a good bit of our discussion had to do with whether we renovate that facility, which is going to cost $22,000,000.00 or we replace it which is going to cost $27,000,000.00. Obviously, there are many issues left to be dealt with as it relates to the design and ultimate cost of those alternatives. But quite honestly we see that as a probably seven to ten year program of work as it relates to where do we go from here with our immediate needs. Our more immediate needs do address renovation needs and in that respect we are the oldest campus in the State system. Over 60 percent of our facilities were built before 1940. And when I say the oldest campus, I mean we have a larger percentage of our facilities that are older facilities than even USC or Clemson for that matter. So, in that regard we have a challenge every year to try and deal with deferred maintenance issues that we have to deal with and I think we've done that responsibly in that in the last ten years 75 percent of the monies appropriated by the State have been dedicated to renovating facilities as opposed to building new facilities. And I think that speaks to a balance which is appropriate in light of the importance of maintaining what is already there, not to mention the new needs which might require new facilities. With regard to the question about credit hours, I have no problem with limiting funding based on what a program's requirements might be. I would hope that we wouldn't necessarily choose a specific number but rather maybe we could just define it as whatever the program requirements are. We have music majors who need one hundred and forty some odd hours to finish their degrees and we have liberal arts majors who may only require 120 hours. So, the balance there should be based on what the program requirements are that a particular might need to complete. The third issue had to do with the Palmetto Fellows programs and in thinking about it as I've heard the discussion today, I think I have to come down on the side of supporting the State education process, the public education process, with the idea that I am familiar through some of my fellow board members who also serve on foundations and some of the private schools that they have substantial resources in the way of endowments which we simply don't have. And as Glenda pointed out a moment ago, we are working on that. We are in the midst of our first capital campaign. We're about halfway through that. And out of the $26,000,000.00 goal that we have we're about $19,000.000.00 there and we're very pleased with how well that's going. And that is primarily to raise money for scholarships. We know we have to be more competitive because right now we do compete with the students with other schools like Furman and Wofford for the students that are choosing to go to some of those private schools and to give them the same benefit, I think, that the Palmetto Fellows program does not allow us to compete as effectively as we might if we were to have that advantage. So, as a Trustee I'm suggesting, of a State Institution, I still think it's probably in the institution's best interest to seek that benefit that we might have. I also am the father of one child who's already graduated but another entering freshman in a State supported school this coming fall and we struggled with this private public issue at my house and he weighed the various places he was going to consider, chose the public institution partly because of the scholarship opportunity but primarily because that was where he could get the education he wanted for the kind of course program that he wanted to pursue. So, I won't say that the scholarship issue entered into that decision but it very well might have if it had been available on both sides.
CHAIRMAN PHILLIPS: Any other questions?
MR. TUTTLE: I'll be happy to answer any other questions.
REPRESENTATIVE GAMBLE: No, but and we've talked about this so much and everybody is getting restless. But as I've said earlier, I guess my feelings are just so strong that that money should follow the student. Because here again Winthrop is fixing to get short changed on the Teacher Fellows program, because you all did not get chosen as a site for Teacher Fellows.
MR. TUTTLE: That ...
REPRESENTATIVE GAMBLE: If we had that money following the student, you all would be getting some of those Teacher Fellows. There's no doubt in my mind you'd be having some of the best and brightest. But when you think about it now the 200 top students coming out of high school who are the best and brightest going into the teacher education profession are because of money going to be tracked into other schools. So, you see. Now, Winthrop is on sort of on the receiving end of what some of the private colleges have been on ...
MR. TUTTLE: I understand.
REPRESENTATIVE GAMBLE: ... the receiving end. That's why I just think it's the whole purpose of it is to reward these students who are our best and brightest, we shouldn't be tracking them into a certain college. We shouldn't say, well, you know, you're the best and brightest but we're only willing to recognize you as the best and brightest if you go to this one school and when you think about it as to who you're education students are going to be you know you're not going to have one of the 200 best and brightest in South Carolina.
MR. TUTTLE: You're right. I have no idea why we're not on that list. I learned that yesterday as a matter of fact.
REPRESENTATIVE GAMBLE: I mean, you're starting off knowing that the best students that you're going to have in education with your freshman class next year is number 201. The best you can possibly have and so that's another reason like I said that, I think that money really needs to follow the student because you all have a great education program at Winthrop. But you're not going to have any of these students coming to Winthrop.
SENATOR WILSON: And you create these different pools of students. You've got a pool of students that are going to public school. A pool to private school and 82 percent of them go to the public institutions and 18 to public but yet it may be an equal number. And you can be caught in a crack that you're a very qualified student and because you checked the wrong block you don't get selected. So, that's again a point that I'm so happy that Representative Gamble has made about that these programs would hopefully would be for the students and for the betterment of South Carolina by way of keeping good qualified students in South Carolina rather than institutions fighting over the students and then the students get lost in the crack and off to Duke they are and we lose them. They don't come back.
REPRESENTATIVE GAMBLE: And my worst fear with this whole Teacher Fellows program is ... Anderson is on the list, Newberry is on the list. I'm trying to think who the other private schools are that are on the list and this is in no way a reflection that I think they don't have a good teacher education program because as far as I'm concerned, every college in this State does a good job. But because those are private institutions and they are very expensive, $6,000.00 will only partially pay for their year of tuition. $6,000.00 will pay for your tuition at Winthrop and most probably books as well.
MR. TUTTLE: You're correct.
REPRESENTATIVE GAMBLE: But with these students because the slots are allocated at those colleges ... well, you know, if the public slots get chosen first and they don't have the money to supplement, to make up to the 15,000 or whatever it costs to go to one of private schools, we may in fact lose them and they might not go into the teaching profession anywhere.
MR. TUTTLE: I understand.
REPRESENTATIVE GAMBLE: And that's why I just think this could be so much simpler if we just, you know, awarded the student and then told the student ...
MR. TUTTLE: Just like a voucher that you take where you want to go is what you're suggesting.
REPRESENTATIVE GAMBLE: Well, it's a scholarship. I don't want to call it a voucher. It's a scholarship that rewards them for their hard work and they have to have certain criteria met in order to be able to qualify for these programs. And they win the scholarship and they go to one of our teacher ... they have to go to a college with a teacher education program obviously. And they have to teach in our state for so many years following that. So, it's an investment that the State has made because we want the best and brightest people teaching school in South Carolina. But as we think about tracking keep in mind that, I mean, Winthrop is losing on one of our tracking programs.
MR. TUTTLE: I understand that.
REPRESENTATIVE GAMBLE: So, tracking is not ... not good unless you're the one that's winning all the time.
MR. TUTTLE: I realize that. That's a very good point.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Mr. Tuttle.
MR. TUTTLE: Yes, sir. Thank you.
CHAIRMAN PHILLIPS: What is the pleasure of the committee?
SENATOR WILSON: We are favorable of those who are here with the deferral for Ms. Rush.
REPRESENTATIVE GAMBLE: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying Aye. (ALL IN FAVOR)
CHAIRMAN PHILLIPS: Okay. Thank you. I appreciate all of you committee members staying.
There being no further questions, the screening concluded at 2:50 P.M.
The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 28th day of February, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Senator Olin Phillips, Chairman
Senator Warren K. Giese
Senator Addison "Joe" G. Wilson
Representative Curtis Inabinett
Representative Lanny Littlejohn
Representative Margaret Gamble
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee
CHAIRMAN PHILLIPS: Call to order the screening committee. Screening of college board candidates. First order of business, I want to welcome everyone here. Introduce the committee, to my far left Representative Margaret Gamble from Lexington; Representative Lanny Littlejohn from Spartanburg; Representative Curtis Inabinett from Charleston, Ravenel, South Carolina; and Senator Warren Giese from ...
SENATOR GIESE: Richland.
CHAIRMAN PHILLIPS: And I'm Olin Phillips from Cherokee the Chairman. Sophia Floyd, is our assistant here this morning. And I gather you're from the Creel Agency?
COURT REPORTER: Sonya.
CHAIRMAN PHILLIPS: What?
MS. FLOYD: Sonya.
CHAIRMAN PHILLIPS: Sonya, from the Creel Agency for doing the court reporting. First of all, I'd like to take just a minute here in silent prayer for one of the South Carolina State Trustees who was supposed to be screening here this morning, Mr. Salters from South Carolina State University Board of Trustees, who passed away Thursday morning. And also Donna Tinsley whose husband Allan Tinsley, so you remember Donna, she's helped the committee when it first started when Representative Stoddard was chairman. And Donna is the Research and Administrative Director for the Education and Public Works Committee. Her husband Allan Tinsley was found dead in his bed at Myrtle Beach Friday morning prior to a meeting that he was to address and didn't show up. So if we could take just a moment of silent prayer in memory of both of those, I would appreciate it.
CHAIRMAN PHILLIPS: Thank you very much. Again, I welcome all of you here. Let me tell you about the parking. They are ticketing today around the State House so most of you probably got a two hour parking meter if you could and you probably put all you can in it, but if you need to go down and put some more money in the meters at a certain time, if we call your name we'll wait until you get back. We won't rule you out because you're not here for that, because I know you don't want to get a parking ticket. Last week it was a holiday and we thought they wouldn't ticket cars but they were ticketing them as fast as they could last week, they were like bees going in a honey hive. But, I just want to remind you of that. If you need to go just kind of give us a little shake and we'll know you've gone out. We had, if you don't mind, I'd like to take you out of order. We had the Lander University, if he's here now, who couldn't make it last week but we extended him the courtesy of being here today. And the 4th District, Seat 8, Tyrone Gilmore from Spartanburg. Is Tyrone here? If you could come forward and let us go ahead and screen you. I think there's one more and we can get that out of the way.
MR. GILMORE: Thank you very much.
CHAIRMAN PHILLIPS: Yes, sir. Would you please raise your right hand.
C. TYRONE GILMORE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. GILMORE: No.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. GILMORE: Yes.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. GILMORE: No, I do not.
CHAIRMAN PHILLIPS: 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?
MR. GILMORE: No, I do not.
CHAIRMAN PHILLIPS: Yes, sir, you may present your statement, sir.
MR. GILMORE: I've been a member of the Lander University Board of Trustees for two terms, to constitute eight years, and over those eight years serving with the Board members that we have there and are fortunate enough to have thanks to your committee and others, we've been very successful at helping our school grow. The facilities are moving up to par in a modern era. Academic needs are being met through students. It's a small college. There is a need in my opinion for small, medium size and large university institutions in higher education. Each serve their individual purposes. As we are aware, there are students who function much better in a smaller environment. We have that in South Carolina, I am pleased. There are those who function better in a larger environment. Lander University offers a small environment for the child who can be most successful in that supportive environment. And I think we've been extremely successful. We've been able to add new programs there to meet the new needs of students as it relates to the service of South Carolina. And now one of our goals is to try to keep as many of our best and brightest students within the State of South Carolina. I think we're beginning to make end roads in that area, not where we want to be but at least we're working on it. So I wish to continue to serve in that particular environment and I ask you to please give me that opportunity. And if you have any questions of me, I'll be more than happy to answer them.
CHAIRMAN PHILLIPS: Thank you, Tyrone. Any questions from any member of the committee? None? Thank you, sir.
MR. GILMORE: Thank you.
CHAIRMAN PHILLIPS: And let me make this statement. Since we've screened you out here today, that doesn't mean you can go out and solicit votes. We are going to issue a report in the Journal as quick as possible in the next couple of weeks after we get all the transcription of the tapes and everything done. After that date, and that will be in the House and Senate Journals, you will, on 11:00 the day after the screening report is released, you may solicit votes at that time. I urge you not to try to do that until it is finalized in the Journal. And every committee member and every House member and Senator will know your credentials. And at 11:00 the day after that is reported now that's when you'll be able to solicit votes. We've set the election for April the 12th. You might mark that on your calendar. 12:00 April the 12th is the Joint Assembly date for the election unless something happens and that we've already introduced a resolution to tomorrow setting that date. And I urge you again, don't try to solicit and don't go out and ask for commitments until everybody has an opportunity to do the same thing at the same day at the same hour. We appreciate that. Also, what is the favor of the committee on Tyrone Gilmore?
REPRESENTATIVE LITTLEJOHN: Move to approve.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: All in favor, aye?
(All in Favor)
CHAIRMAN PHILLIPS: Mr. Gilmore.
MR. GILMORE: Thank you.
CHAIRMAN PHILLIPS: You're welcome, sir.
MR. GILMORE: And I hope that we're free to go? I want to ask if--
CHAIRMAN PHILLIPS: You're welcome to go.
MR. GILMORE: Thank you very much.
CHAIRMAN PHILLIPS: The next that we issued a delay on Francis Marion 1st district, Seat 2, Melissa Johnson Emery, Myrtle Beach?
MS. EMERY: Yes, sir.
CHAIRMAN PHILLIPS: You may go up. Please raise your right hand.
MELISSA JOHNSON EMERY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MS. EMERY: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. EMERY: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. EMERY: No, sir, I do not.
CHAIRMAN PHILLIPS: 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?
MS. EMERY: No, sir.
CHAIRMAN PHILLIPS: You may go ahead with your statement.
MS. EMERY: Well, at this time I am petitioning to run to be re-elected to the office that I am currently holding. I filled, in 1998, I filled a position that was left vacant by the Representative from my district. I have certainly enjoyed serving and through the time that I have been there we have certainly seen a lot of change at Francis Marion. A lot of changes that I am quite proud of. I'm a graduate of Francis Marion being from Dillon County and know what service this school does for the area. I am very proud of what's going on out there and I am very happy to be a part of it. And I wish only to be allowed to continue my service to Francis Marion and give back to Francis Marion what it gave to me which was valuable to me in my life.
CHAIRMAN PHILLIPS: Are there any questions from any of the committee members? No? What's the pleasure of the committee?
REPRESENTATIVE LITTLEJOHN: Move to approve.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye?
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Ms. Emery.
MS. EMERY: Thank you. May I be excused at this time, sir?
CHAIRMAN PHILLIPS: You may well do that.
SENATOR GIESE: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes.
SENATOR GIESE: She wins the title of being in this room less than anybody in history.
MS. EMERY: And I apologize, coming from Horry County there's more road construction than I thought. Thank you.
CHAIRMAN PHILLIPS: College of Charleston, 4th District, Seat 8, Emil Spieth.
MR. SPIETH: Emil Spieth.
CHAIRMAN PHILLIPS: Yes, okay. Spartanburg.
MR. SPIETH: Yes, sir.
CHAIRMAN PHILLIPS: Raise your right hand.
EMIL E. SPIETH, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Thank you. 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?
MR. SPIETH: No, sir, I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. SPIETH: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. SPIETH: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. SPIETH: No, sir, I do not.
CHAIRMAN PHILLIPS: You may go ahead with your statement, sir.
MR. SPIETH: Thank you, Mr. Chairman and members of the committee. And let me thank you again for allowing me to come a week late. Unfortunately, I had to be out of the state this past Monday. I'm the new applicant for a board membership and I think I need to explain why I think I deserve to be on the Board of the College of Charleston. I believe I have experience and also the wisdom gained over the years which would be useful to the educational process of the college. I've been associated myself in and around education all of my life. I was the plant manager for a Hertz Company plant in Spartanburg. During that time, I was involved in a number of business and educational initiative. For eight years, from 1981 to 1989, I served on Spartanburg School District Number Seven Board of Trustees. And during that period of time for the first time Spartanburg High School was recognized as a blue ribbon school which in the meantime they've repeated on almost every year when that award was given. Also during that time we had a quite significant building program, not quite as ambitious as the one which is underway right now but I thought I played some part in making Spartanburg County School District Number Seven what I would like to think as a premier school district in this state. And of course my predecessor on this podium, two persons, Tyrone Gilmore is now the superintendent there. In addition, I'm married to a Spartanburg High School calculus teacher, so again continue to be involved with the educational process from that direction. And I have four children, two of whom attend the schools in this state, others decided to go out of the state. Why the College of Charleston, I've been in and around the City of Charleston since 1958. And lived for a period of time in close proximity of the college. Had a number of friends and people that I've worked with that attended the college. One of my sons attended the College of Charleston for two years and two of my other children attended Governors School at the College of Charleston. So I have a long and fond relationship from in the school, had somewhere around 300 students to today when it's I think close to 10,000 students. So I hope you will consider me as a candidate for the Seat number eight of the Board of the College of Charleston. Thank you.
CHAIRMAN PHILLIPS: Thank you, sir. Any question of any of the committee members? You did a good job. What's the pleasure of the committee on Mr. Spieth?
REPRESENTATIVE GAMBLE: Move to approve.
SENATOR GIESE: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye?
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir.
MR. SPIETH: Thank you.
CHAIRMAN PHILLIPS: Well, if we keep going like this we'll be out of here for the two hour parking. But I believe we'll get bogged down in a minute. We're going to the Citadel. We have two seats, both of them At-Large. Oh, yes, I'm sorry. Winthrop College. We had one At-Large seat with Winthrop. Ms. Kay Wright Rush. Is she here? Okay, Ms. Rush, thank you. Please raise your right hand.
KAY WRIGHT RUSH, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Thank you. Now, let's ask you a few questions here. 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?
MS. RUSH: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. RUSH: Yes, sir. I had to get permission from my -- according to our district policy, to even get to this point and it was approved.
CHAIRMAN PHILLIPS: Thank you. Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. RUSH: No, sir.
CHAIRMAN PHILLIPS: 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?
MS. RUSH: No, sir.
CHAIRMAN PHILLIPS: You may present your statement.
MS. RUSH: Okay, just a little bit about my background and I know we submitted information at the beginning. I'm one of those people that said if I ever get out of high school I will never set foot back in school again. I want to do something so I don't want to have to get up early and go out everyday so that was many years ago and I'm still in education. And I had no intention of going into higher education. My senior year I had an uncle who passed away, left enough money for me to go to Winthrop University. At that time it was Winthrop College. So if I forget and call it Winthrop College, please forgive me. I was the youngest of 13 children, grew up in Lancaster County. And I did go to Winthrop. And I guess you might say I got turned-on to education. This is my 33rd year in education after graduating from Winthrop in 1967. I'm currently the Director of Special Services in Lexington School District One. In my professional organization the Council for Exceptional Children, I have participated at local, state and currently the international level. I'm the Chairman of the Finance and Operations Committee for that organization. I feel that that has given me also some skills to be able to work in the capacity of working with people and moving an organization forward. I looked at the mission statement for Winthrop University and it was interesting that that's the mission statement is also what I perceive and feel like I need to try to do in helping Winthrop move forward. In the field of education we have a -- we're getting into a dire straits with teacher shortage and I know that was Winthrop's beginning was teacher education college. They have gone out so much in doing so much for this state and the nation but we need to bring some diversity as far as students who are going into the teaching field. We need to encourage teachers, quality students, to come into Winthrop to get out into the field of education. And also for Winthrop to continue on the track of technology because we've got to have it in every field not just education. So that's one of the things, my personal loyalty to Winthrop, I go back every time my class goes back for our reunions. It's fun to meet with the old folks, and I am one of them now. So that is one of the reasons that I'm getting ready to retire. I feel like I have a lot that I can offer Winthrop and they certainly offered me a lot.
CHAIRMAN PHILLIPS: Thank you, ma'am. Are there any committee members got any questions? Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Thank you, Mr. Chairman. How do you feel about the North Carolina student coming in and displacing a South Carolina student?
MS. RUSH: I don't like it. Because I feel like we're -- that's just my opinion because we've got -- we need to look after our own first of all, and if we've got a teacher from South Carolina or a student teacher or any position that wants to stay in state to get their education, I think we need to do everything we can to encourage that. And getting breaks just because they're in North Carolina, I'm not -- I think we need to give breaks to our own, if we have breaks to give.
CHAIRMAN PHILLIPS: Any other questions? Mr. Inabinett.
REPRESENTATIVE INABINETT: Thank you. One question. You mentioned diversity and the need for teachers, what are or what is the college presently doing to recruit individuals hopefully that will go into the teaching profession?
MS. RUSH: I don't know specifically as far as the things they're doing. But in reading the materials that I get from Winthrop as an alumni, they're trying to encourage those students. And I think the way they state it is, the under represented student on campus and they're trying to encourage those students to come in. I know, you know, they, like most of institutions, have scholarships. And I know Winthrop is doing a big job in this state as far as once we get students in or teachers in in trying to keep teachers in the field because of mentoring programs with our -- they call it the lift program that a lot of the districts do. Winthrop's been very supportive of that through their educational department.
CHAIRMAN PHILLIPS: Any other questions? What's the pleasure of the committee on Ms. Rush?
REPRESENTATIVE GAMBLE: Move to approve.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: And we have heard the motion and the second. All in favor please signify by saying aye?
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, ma'am. Now, we'll go to the Citadel. There's two seats at-Large and we have six candidates. And our first candidate will be Arthur H. Baiden, III from Greenville. Mr. Baiden.
MR. BAIDEN: Yes, sir.
CHAIRMAN PHILLIPS: Please raise your right hand.
ARTHUR H. BAIDEN, III, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Baiden, 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?
MR. BAIDEN: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. BAIDEN: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. BAIDEN: No, sir, not at all.
CHAIRMAN PHILLIPS: Thank you. 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?
MR. BAIDEN: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. You may go ahead with your statement.
MR. BAIDEN: Mr. Chairman, and ladies and gentlemen, thank you for the opportunity to present myself as a candidate of one of the At-Large seats at the Citadel. The Citadel, like other colleges and universities in South Carolina, is primarily an academic institution with the mission of educating our young men and women. However, in order to do so, particularly in today's time with limited dollars available for education, these colleges and universities must be run like a business: budgets must be established; operating expenses monitored; sources of income identified and maximized and sound financial practices followed to ensure that that institution provides the best possible conditions for academic achievement at the most efficient cost. But unlike the other universities and colleges in the state the Citadel is unique in that it is primarily a military institution at the undergraduate level. That creates unique management challenges and leadership challenges that the trustees at the other colleges and universities in the state are not faced with. I am a native South Carolinian. Born in Laurens. Graduated from Myrtle Beach High School and moved to Greenville in 1973 and have been a resident there ever since. After I left the Citadel, I entered active duty in the military and was in the Army for 11 years. Left active duty and moved to Greenville and joined Potter Shackleford Construction Company as a Project Manager, and I have been with that company ever since. I am currently serving as the president of the company. And I'm one of the principle stockholders. At the same time, however, when I left active duty I accepted a commission in the Army Reserves and continued my military service, recently retiring with 35 years commission service, retiring as a major general in the Army Reserve. I was commander of the reserves in North and South Carolina during Desert Storm, Desert Shield, and my last assignment I was the deputy commanding general of the Army reserve command in Atlanta, and also the readiness command out here at Fort Jackson. With that dual background and 35 years of experience in the military and over 26 years of experience in business in South Carolina, I believe that I have the qualifications necessary to make a contribution to the Citadel and give back to that school in some small measure all that its done for me. My father is a graduate. I am a graduate. My son is a graduate. And that college has given so much to us that I hope I will have the opportunity to give a little bit back in return.
CHAIRMAN PHILLIPS: Thank you. Any committee members have any questions? Representative Gamble.
REPRESENTATIVE GAMBLE: Mr. Baiden, I have one question just out of pure and tee interest. I'm curious to know, were those underground rooms were around when you were at the Citadel?
MR. BAIDEN: Can I take the fifth?
REPRESENTATIVE GAMBLE: No, that wasn't ...
MR. BAIDEN: Yes, they were. That was the biggest surprise that I, when I first saw it in the paper, that they discovered the room. Emery Mace was there just a year after I was and I would imagine that Emery was quite aware of the rooms also, so it wasn't that much of a surprise to find that they had, quote "discovered the rooms under the barracks".
REPRESENTATIVE GAMBLE: So I guess the biggest story is what was going on in the rooms?
MR. BAIDEN: Yes, ma'am.
CHAIRMAN PHILLIPS: Any other questions?
REPRESENTATIVE LITTLEJOHN: Move to approve.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: No other questions, the committee has made a motion to approve. If you will, we'll hold that to the end if you don't mind, unless you find one out of order somewhere. Okay?
MR. BAIDEN: Okay.
CHAIRMAN PHILLIPS: Thank you and we'll let you know on that.
MR. BAIDEN: Thank you, sir.
CHAIRMAN PHILLIPS: By the way, I might add that one of the criteria for being a member on the Board of Trustees at the Citadel you have to be an alumni of the Citadel. And we had some people who wanted to qualify to run on the Citadel board but they were not Citadel graduates so the legislation specifically says you must be a Citadel grad before you become a candidate. And certainly we had to turn those people down. But I want to tell other people in the committee all of you are Citadel graduates. Okay, next is Mr. William C. Coffey, Jr. from Manning.
WILLIAM C. COFFEY, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. COFFEY: No.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. COFFEY: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. COFFEY: No, I do not.
CHAIRMAN PHILLIPS: 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?
MR. COFFEY: No.
CHAIRMAN PHILLIPS: You may go ahead with your statement, sir.
MR. COFFEY: All right, sir. I'm a citizen of Manning. A resident of Manning and a 1963 graduate of the Citadel. During my career at the Citadel I was on the Deans list for my last four semesters. I served as Chairman of the Honor committee and I was on the Brigadier staff. Upon finishing that I attended the University of South Carolina School of Law. And I'm a graduate of that. And upon completion of that I was a member of the United States Army for two years assigned to Europe in the Army Security Agency. Since that time I've practiced law in the town of Manning for 32 years. I feel a great loyalty and obligation to the Citadel and have been actively involved in it since my graduation. My brother finished in '69, my eldest son finished in '89, my youngest son finished in '92, and my nephew finished in '96. And we have an awful lot of Citadel uniforms on hand. I'm very proud of the record of the Citadel. I feel that it provides a whole man attitude. A whole person now that we have ladies there, at education for these young people. It gives them a military discipline and the academics that will see them through life. For that reason, I feel a great obligation to the Citadel and a desire to serving on its board.
CHAIRMAN PHILLIPS: Thank you, sir. And does any committee have any questions of Mr. Coffey? Senator Giese.
SENATOR GIESE: Chairman, I'd like to ask, I notice that you are a hospital attorney. What is a hospital attorney?
MR. COFFEY: I represent a hospital.
SENATOR GIESE: I mean, that's ...
MR. COFFEY: That's right.
SENATOR GIESE: ... your sole practice?
MR. COFFEY: Oh, no, no, no. That's -- in Manning you have to represent a lot more than one client. No, sir. I represent the Clarendon Memorial Hospital which just happens to be one of my clients. It's a public entity.
SENATOR GIESE: That's just a part of your practice?
MR. COFFEY: That is correct, yes, sir. I also represent the City of Manning which is part of my practice.
CHAIRMAN PHILLIPS: Any other questions? None? What is the pleasure of the committee on Mr. Coffey?
REPRESENTATIVE GAMBLE: Do you want to wait? You said you wanted to wait until the last one, do you want --
CHAIRMAN PHILLIPS: Oh, yes, I'm sorry. You all got me. Thank you, sir.
MR. COFFEY: All right.
CHAIRMAN PHILLIPS: The next candidate is Mr. W. Henry Johnson, Jr. of Lake City. Mr. Johnson, please raise your right hand.
W. HENRY JOHNSON, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Thank you. 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?
MR. JOHNSON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. JOHNSON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. JOHNSON: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. JOHNSON: No, sir.
CHAIRMAN PHILLIPS: You may present your statement.
MR. JOHNSON: I love the Citadel. I have loved the Citadel since I was a little boy. When I became a teenager I never applied to go to another college. A lot of people say the Citadel is a great place to be from. I even loved it when I was there. I've continued to love it. And I love the Citadel. It's a part of me. I've been involved in Citadel activities. I've been a member of the Citadel Alumni Association since the day I graduated. I've been a member of the Citadel Brigadier Club since the day I graduated. I currently serve and have for many years on the Citadel Brigadier Club Board. This is a foundation in which raises money for scholarships for the Citadel and I'm very proud of the work that we have done there. We've raised more money than any other school in the Southern Conference although we're one of the smallest schools. I've contributed scholarships to the Citadel. I've been the president of the Pee Dee Air Citadel Club and numerous other things. The reason that I do all this and the reason I want to be on this board is because I believe in the Citadel. I believe in the product that we turn out which is our graduates. I believe in the things like the honor code, duty, honor, discipline, patriotism, all these things that we instill in the young men and women that attend the Citadel in addition to a great education. I think these things are in short supply in our society today. And I would like to be a part of ensuring that the Citadel continues to provide leaders to help lead our state and nation. I believe that my business experience is qualifying me to serve on this board. Things that I can do and that I have learned through a career in business like the ability to make a decision, the knowledge of finances, understanding budgets and bonds, how to meet a payroll, how to hire and fire people, how to deal with the public. I believe that this plus my love of the Citadel would make me a good board member. I also would like to tell the committee that we have made some significant management changes at our company and I can assure you that I have the time, although I'm still running our company, I have the time to commit to this job to do a good job. It would be an honor for me to serve on the board of the Citadel and I would appreciate the opportunity to do so. I would love to serve my alma mater and my state in this capacity.
CHAIRMAN PHILLIPS: Any questions from any of the committee members of Mr. Johnson? Senator Giese.
SENATOR GIESE: Mr. Chairman. It's very interesting to hear your statement and try to match it up with what you submitted. The most important thing that I think that I look for when I'm looking for someone who has the driving interest that you have on being on the Citadel board is your service to that institution prior to seeking to be represented on that very high level. And I find nothing in what you've submitted that indicates those wonderful you've just mentioned, unless I've missed it in here someplace, all the services that you have already contributed to the Citadel?
MR. JOHNSON: It should be on the resume that I attached to that packet.
SENATOR GIESE: Well, I've looked at it once and looked at it twice and got the Lake City Rotary Club, Food Distributors International, IGA and USA. But did I miss a page?
MS. FLOYD: It may have gotten left out of yours.
SENATOR GIESE: It did get left out?
MS. FLOYD: I don't know. It may have.
SENATOR GIESE: But anyhow, I'm really impressed with the fact that your feelings are so strong that you have already spent time on boards and other things that indicate your interest in the Citadel. I think one of my half backs is in business with you?
MR. JOHNSON: That's correct. He's my partner.
SENATOR GIESE: Wayward Heyward?
MR. JOHNSON: Yes, sir. He's also ...
SENATOR GIESE: He was Wayward Heyward in our day.
MR. JOHNSON: He's also very supportive of me doing this.
SENATOR GIESE: That's great. Thank you.
CHAIRMAN PHILLIPS: Any other questions? None? Thank you, sir. The next is Major Richard D. Leonard from Columbia. Major Leonard. Please raise your right hand.
RICHARD D. LEONARD, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Major, 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?
MR. LEONARD: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. LEONARD: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. LEONARD: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. JOHNSON: No, sir.
CHAIRMAN PHILLIPS: You may present your statement, sir.
MR. JOHNSON: Thank you for the opportunity to come before this board. Like all the other applicants of the Citadel, I too am a graduate, Corp of Cadets in 1978. And I also got my masters degree in 1983 from the Citadel. My Citadel experience in addition to serving the Corp of Cadets, after graduation I also was on the staff at the Citadel for four years as a recruiter and a missions counselor and also public relations. I continued recruiting with the Citadel with their cadet program with the alumni I help run. Since that time, I've also had experience as five years in the classroom both at the high school and junior college level. And of course now I'm full time with the National Guard as an operations and training officer at the Camp McCrady training site on the Eastern side of Fort Jackson. I want to serve on this board because I have now 20 plus years of experience both as a staff member and as a teacher, but also as an alumnus who I think now I can look back at the school and not just for the old war stories you'll hear from our bio's we can only say, but it also gives a fresh perspective of where the Citadel is going. I think it's important that we keep the traditions that we have at the Citadel, at the same time I think we need to look at other ways in keeping up with the trend today we have the positions learning policies and computerization that many school systems. I think the diversity of the Citadel is one of its pluses, while I still support, probably some of the best students from South Carolina to the Citadel and I still think we need to be open to other areas even from the outside of the United States. And it has been proven with so many recent Citadel cadets. And in addition ...
CHAIRMAN PHILLIPS: Any questions? Oh, I'm sorry. Go ahead.
MR. LEONARD: In addition to the Citadel Cadet program which I think is the core of the Citadel, I think we need to also emphasize the other programs which I have participated in in the undergraduate studies programs.
CHAIRMAN PHILLIPS: Thank you, sir. Any questions? Thank you, sir.
MR. LEONARD: Thank you.
CHAIRMAN PHILLIPS: Next, William F. Sachs from Columbia.
MR. SACHS: Good morning.
CHAIRMAN PHILLIPS: Yes, sir. Would you please raise your right hand.
WILLIAM F. SACHS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. SACHS: No.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. SACHS: Yes.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. SACHS: No.
CHAIRMAN PHILLIPS: 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?
MR. SACHS: No, sir.
CHAIRMAN PHILLIPS: Yes, sir, go ahead with your statement.
MR. SACHS: I've completed 44 years of service to the Citadel after graduation. I've shared my finances with the Citadel. I've shared my time with them. I'm a graduate and served as a combat officer in Korea. After coming back to this country I've served on many boards at the Citadel. I've been a director and president of the Association of Citadel Men. I've been a director and president of the Brigadier Foundation. I served on the Citadel Development Foundation. I'm on the Chapel Committee and the Hall of Fame Committee. I've given a lot of my time to the Citadel and I've enjoyed it. I want to continue to serve so we can preserve the schools like the Citadel in this country. We're unique and we need people who believe in the unique education. That's really all I have to say, sir.
CHAIRMAN PHILLIPS: Thank you. Any committee members have any questions of Mr. Sachs? Senator Giese.
SENATOR GIESE: Mr. Sachs, in your statement of how you served the Citadel in the past, and it's certainly admirable, you mentioned in here that you were available at times when called upon by the Chairman of the Citadel Board of Visitors, what type of activity might that have been?
MR. SACHS: I served one year on the Citadel Board of Visitors and ex officio member when I president of the Alumni Association. And then another year I served on the Citadel Board by invitation when I was president of the Brigadier Foundation.
SENATOR GIESE: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Mr. Sachs.
MR. SACHS: My room was incidentally located over the hole in the ground.
CHAIRMAN PHILLIPS: Next we have Allison Dean Wright. Ms. Wright from Columbia. Ms. Wright, would you please raise your right hand.
ALLISON DEAN WRIGHT, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MS. WRIGHT: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. WRIGHT: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. WRIGHT: No, sir.
CHAIRMAN PHILLIPS: 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?
MS. WRIGHT: No, sir.
CHAIRMAN PHILLIPS: I think this is a first. This is the first lady we've ever had. I don't remember any coming before the committee. This is a first and I think Ms. Wright is a graduate of the graduate school, is that right?
MS. WRIGHT: Yes, sir, I am.
CHAIRMAN PHILLIPS: Okay. You may proceed with your statement. I just wanted to clarify your candidacy.
MS. WRIGHT: Yes, sir. Thank you, Mr. Chairman and members of the committee. I am proud to be a graduate of the College of Graduate and Professional Studies. I obtained a masters degree in business administration in 1993. And I was also honored to have been selected as an advisory member to the board of visitors in June of 1997. I was selected by the board to serve on the board in a non-voting capacity. I have served on the External Affairs Committee, the Education Committee, the Strategic Planning Committee, Honorary Degrees Committee, the Finance and Budget Committee and the Customs Regulations and Cadet Liaison Committee. I'm a lifetime member of the Citadel Alumni Association. A member of the Brigadier Foundation and the Citadel MBA Association. And I'm very proud to be associated with a College that has an honor code and a fourth class system that develops the whole person in the leaders in our community. The Citadel is proud to have one of the best graduation rates in the State of South Carolina. And the Citadel is ranked by US News and World Reports as having one of the best values in public colleges in the Southeastern United States. Female assimilation is working well. We have 63 female cadets currently and the females applying for the fall of this year is up 20 to 30 percent over last year. My personal goals and focuses are on fundraising, and that would include from the people like me who are graduates of the College of Graduate and Professional Studies as well as other alumni. Student recruitment for both the college of graduate and professional studies and undergraduates. And external affairs with the media, public and alumni. As the Executive Director of the South Carolina Insurance News Service I serve as the spokesperson for the insurance industry with property and casualty insurance industry for the State of South Carolina. And with many years in working with local, regional and national media and in public relations, one of my greatest strengths and interests lies in aiding the Citadel with its public image. The College of Graduate and Professional Studies has been graduating and producing graduates since the early 1970's but has never had a representative on the Board of Visitors. If I'm elected I will continue to strive to protect and preserve the traditions and the unique distinctions that make our college one of the greatest. And I also offer a different perspective and insight into the decision-making process. As a member of the team I would use my experience with the media in business and non-profit organizational management and public affairs to help lead the college and lead it toward continuing to develop the future business leaders, government officials, ministers, attorneys, engineers and others which are helping our country and our state. I am enthusiastic in my sincere love for the Citadel. Its traditions, its environment, and its discipline. It is my desire to continue to serve and contribute to the college which has given me so much in my life. Just as all of you represent the districts from which you are from, I would like to represent the College of Graduate and Professional Studies of the Citadel on the Board of Visitors. I hope you and the rest of the members of the South Carolina General Assembly will have the same confidence in me that the Board of Visitors did in June of 1997 when they appointed me. Thank you very much.
CHAIRMAN PHILLIPS: Thank you, Ms. Wright. Any questions? Senator Giese.
SENATOR GIESE: One quick question. You list you're a graduate of Middle Tennessee State University with a BBA. I assume that's a Bachelor of Business Administration?
MS. WRIGHT: Yes, sir.
SENATOR GIESE: And you don't list -- you list only staying there two years, were you a two graduate or a four year graduate?
MS. WRIGHT: Oh, no, I am -- I did receive a Bachelors of Business Administration degree. However, I attended a junior college for two years before going to Middle Tennessee State University.
SENATOR GIESE: Thank you.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR WILSON: Mr. Chairman?
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: One question.
CHAIRMAN PHILLIPS: By the way, let me welcome Senator Wilson.
SENATOR WILSON: I just got out of an orthodontist appointment.
CHAIRMAN PHILLIPS: Go ahead, Senator.
SENATOR WILSON: Ms. Wright, I want to thank you for your referencing the four year graduation rate. The Citadel has always done an excellent job on students attending four years, and I think this is most advantageous to the students and to their parents and to the people of South Carolina so I appreciate all efforts reasonably made for a four year graduation rate.
MS. WRIGHT: Thank you.
CHAIRMAN PHILLIPS: Any other questions? And thank you very much.
MS. WRIGHT: Thank you.
CHAIRMAN PHILLIPS: All right now, what's the pleasure of the committee on the candidates of the board of Citadel?
SENATOR WILSON: Move favorable.
CHAIRMAN PHILLIPS: Motion to a second?
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you. We have approved all of you. And as I say again, do not try to solicit votes until after the -- until the screening report is issued in the Journal. Thank you for coming. Next we go to Coastal Carolina University, At-Large, Seat 15. We have three candidates vying for that seat and our first candidate is Timothy R. Meacham from Florence. Mr. Meacham, would you please raise your right hand.
TIMOTHY R. MEACHAM, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Meacham, 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?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MEACHAM: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: You may present your statement, sir.
MR. MEACHAM: Well, first of all, I want to thank the committee and Mr. Chairman for appearing before you today. I'm applying for the Board of Trustees at Coastal Carolina University for two reasons. I'm a 1979 graduate of the University of Coastal Carolina University. I have two interests in Coastal. I think one of the things that I can bring to the Board of Trustees is that I have a unique prospective on Coastal. The other thing is that I can bring passion to the Board of Trustees. I'm a 1979 graduate of Coastal Carolina University. In 19- -- my senior year I served as president of the student body. My junior year I served as editor of the student newspaper. From 1993 until 1998 I served on the Alumni Board serving as president of the Alumni Board from 1997 until 1998. One of the unique things that Coastal Carolina has is we have two different constituencies as far as alumni is concerned and that concerns me a little bit. Prior to 1993 we had a divided loyalty so to speak because we were a branch of the University of South Carolina. Since 1993 we became independent and we have alumni that are our regular participants in alumni functions and in alumni fun. I would like to bridge that gap. I think that's an important gap to bridge for the University because of the perspective that I come from in 1979 is an entirely different perspective than what the most recent graduates have. The second thing I bring to Coastal Carolina University is a passion for this school. Coastal Carolina University has been part of my life for 21 and 42 years. My years. And I really love this school. When I went there in 1979 I went to Coastal Carolina sight unseen and I went to Coastal Carolina at the time because I wanted to surf. But I came out of Coastal Carolina University with an education. I came out of Coastal Carolina University and went to the University of South Carolina Law School and it gave me an outstanding education. The teachers there are -- the faculty there cares about the students and that's something above and beyond the brochure. And I'd like to be a part of that institution. I'd like to be a part of serving the institution and that's why I'm applying to be on the Board of Trustees.
CHAIRMAN PHILLIPS: Any questions? None. Thank you, sir.
MR. MEACHAM: Thank you.
CHAIRMAN PHILLIPS: Mr. Daniel W.R. Moore, Sr. Myrtle Beach. Would you raise your right hand, sir.
DANIEL W.R. MOORE, SR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. MOORE: No.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MOORE: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MOORE: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. MOORE: Sir, I currently hold the position of member of a zoning board of appeals at North Myrtle Beach which I plan to vacate if elected to this position.
CHAIRMAN PHILLIPS: Is that a position where you are sworn in?
MR. MOORE: I guess that's correct.
CHAIRMAN PHILLIPS: Did you take an oath for that office for the Zoning and Appeals Board? I really don't think that's a conflict of interest but that's up to you, sir. If it would prevent you from serving on a full-time regular basis it certainly would but that'd be left up to you. You may go ahead with your statement, sir.
MR. MOORE: I was very fortunate to be appointed to the Horry County Higher Education Commission and served a term from 1994 until 1998. And came to have a great respect for the University and learned a great deal about it. Our coast and Coastal Carolina University is very unique insofar as the fact that we provide so many resources throughout the tourism community. And now that Coastal Carolina has developed a tourist and management program I would like to bring my background in the real estate development industry to bear on the University and help in the capacity of trying to forge partnerships with the business community and help to grow the tourism management program. Also, I'd like to stress my 25 years in the real estate industry and a lifelong resident of Horry County to help bring about many business and public education partnerships. And to that end I feel like I can serve Coastal and serve it well.
CHAIRMAN PHILLIPS: Any questions from any of the committee members? None? Thank you, sir.
MR. MOORE: Thank you.
CHAIRMAN PHILLIPS: We go to Mr. Ronald R. Norton, Murrells Inlet.
RONALD R. NORTON, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: I'll ask you, 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?
MR. NORTON: No, sir, I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. NORTON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. NORTON: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. NORTON: No, sir, I do not.
CHAIRMAN PHILLIPS: Go ahead with your statement, sir.
MR. NORTON: Thank you, sir, Mr. Chairman, Members of the Committee, I appreciate the opportunity to speak with you this morning. Just a little background which you probably already have. I am married but I am married to a teacher. I have family in education and I've been around education all my life. I have two children in college. I've lived in the Horry County community for 15 years now. And one of the things that I'm most proud of there is for the last six years as an attorney I have taught law related education classes in one of the local high schools. And I think that has given me an unique opportunity to see what high school students are looking for and especially high school seniors when they are getting ready to graduate and getting ready to attend the college or a university. One of the things that saddens me in having done that is I see some of the best and brightest in our local communities going to colleges and universities out of the state. And I would like to help change that and I would like to help change that for Coastal Carolina. Coastal Carolina at the present time is in a fairly aggressive growth process. They are building new buildings and I think it's important to, as a part of that, to attract some of the brightest professors possible to keep some of those high school students not only in this state but applying to Coastal. And it's for that reason that I would like to serve on this board to assist not only Coastal but the community as well.
CHAIRMAN PHILLIPS: Any questions from any committee members? Thank you, sir.
MR. NORTON: Thank you.
CHAIRMAN PHILLIPS: What is the pleasure of the committee?
SENATOR WILSON: Move favorably.
REPRESENTATIVE LITTLEJOHN: Second.
CHAIRMAN PHILLIPS: And a motion and a second. All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: I now declare you eligible to run. We're moving onto the Medical University of South Carolina. Six congressional districts. Three each from the medical and three from the non-medical professions. And our first candidate is first district, non-medical, is Melvyn Berlinsky from Charleston. Raise your right hand, sir.
MELVYN BERLINSKY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. BERLINSKY: No, I don't.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. BERLINSKY: I will.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. BERLINSKY: I don't.
CHAIRMAN PHILLIPS: 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?
MR. BERLINSKY: No, sir.
CHAIRMAN PHILLIPS: You may proceed, sir.
MR. BERLINSKY: Thank you, sir. Mr. Chairman, it's been my privilege and honor to serve the people of South Carolina as a member of the Medical University of South Carolina Board of Trustees. And I feel that the knowledge and leadership gained during this service could be particularly valuable during the interim period of the first new university president in 18 years. The fields of health care and health care education are facing major challenges as the new century starts and experienced leadership is essential. And of course South Carolina is fortunate to have a legislature that is supportive and fosters such a wonderful institution to provide quality education, research and health care for our people. And I commit and pledge to use every resource at my disposal to help lead MUSC to even greater levels of excellence and achievement. And that is my statement, Mr. Chairman.
CHAIRMAN PHILLIPS: Thank you, sir. Do any of you have questions of Mr. Berlinsky? Senator Giese.
SENATOR GIESE: Mr. Chairman. I've know Mr. Berlinsky for so many years and have associated him with the Medical University in a very, very positive way. You've made magnificent strides. We're certainly one of the finest medical schools in the country. Your leadership as a board has been tremendous. It puzzles me a little bit to see such a highly successful institution have three or four seats contested, some by as many as three people. If things have been going so well, what brings on the -- is there some problem?
MR. BERLINSKY: Well, maybe we're just such a wonderful institution that everyone seems to be wanting to get on this board.
SENATOR GIESE: Well, you know, I notice that many of these other universities, and I don't believe there's a person opposed there, but it just seems -- I would agree with you. You've made wonderful strides with a great institution but it comes as a little bit of a surprise to see half of the board or whatever number this is here opposed. I just would make an observation if you'd care to make a comment on that?
MR. BERLINSKY: I really can't -- don't care to make a comment about that position.
SENATOR GIESE: Thank you.
SENATOR WILSON: Mr. Chairman?
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: I, too, have known Mr. Berlinsky for a number of years. In fact, I've known him all my life. And being an ex-patriot from Charleston myself. And I just want to thank you for your service. And I do note that you are unopposed and so I'm going to miss not seeing you up here every day shaking hands. But again, we appreciate your service very much. Thank you.
MR. BERLINSKY: Thank you, Senator Wilson.
CHAIRMAN PHILLIPS: I think that's the reason he's unopposed, comments made by members of the committee. Do you all have a question? Yes, Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Berlinksy, how many out of state students do you all have at MUSC both in your medical school as well as you have some undergraduate programs there as well, don't you?
MR. BERLINSKY: We have in our college of health professions we have some undergraduate students. I would say in medical school probably seven to ten percent maybe out of state, if that many.
REPRESENTATIVE GAMBLE: Do you all give any priority to in-state students? I mean ...
MR. BERLINSKY: Oh, absolutely. Yes, the admissions committee does, of course. And we have so many really good qualified in-state students that an out-of-state student just has to be extraordinarily out of, you know, off the charts to get accepted.
REPRESENTATIVE GAMBLE: Do you know what percentage of those medical school graduates are staying in South Carolina once they complete?
MR. BERLINSKY: Well, of course you've got to remember that once they finish medical school that they then go off and serve a residency in other parts of the country. But I think we probably retain about 50 percent or maybe a little more than that that actually come back. But in the meantime, we have residents that come from other parts of the country that do their programs here, and they remain, so, overall, I don't think we're losing that many numbers. But ...
REPRESENTATIVE GAMBLE: How many undergraduates do you think you have, how many out-of-state students do you have in your undergraduate programs at MUSC? I mean, I know you have nursing and, don't you have physical therapy?
MR. BERLINSKY: Well, that's in a -- we have, in the College of Nursing, it's just nursing. But in the health professions we have physical therapy and occupational therapy and, you know, and all of the other parts of the health care field. But my guess is that a very, very small percent out-of-state students. Numbers, I just can't give you but, as I said, we have just so many good qualified in-state students that it's pretty difficult for an out-of-state student, even on the undergraduate level to get admitted.
REPRESENTATIVE GAMBLE: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Since Mr. Berlinsky is unopposed, I would ask the committee at this time whether, so that he may want to go back to Charleston.
SENATOR WILSON: Move favorable.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: You heard the motion to second Mr. Berlinsky, all in favor signify by saying aye?
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. You are qualified and thank you.
MR. BERLINSKY: Thank you very much.
CHAIRMAN PHILLIPS: You may sit around and hear other candidates or whatever you'd like to do. Thank you, sir. The 2nd district congressional district, non -- excuse me, 2nd district, non-medical, Donald F. McElveen from Columbia. Raise your right hand.
DONALD F. MCELVEEN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. MCELVEEN: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MCELVEEN: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MCELVEEN: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. MCELVEEN: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Your statement.
MR. MCELVEEN: Thank you, Mr. Chairman, and members of the committee. My name is Don McElveen. I'm a resident of Columbia and a graduate of the public schools in Columbia and a graduate of Clemson in 1957 in mechanical engineering. And for the last 33 years I've been a partner in the firm of GMK. I am one of the founding partners in that firm. And I am Chairman Emeritus at this time but I did serve as chairman of the board and CEO for ten years. I've been engaged in a number of civic projects over the years. I've also been a member of the South Carolina State Ports Authority for a six year term. And I've served on a Methodist Home in Orangeburg, Carolina Children's Home, Clemson Advancement Foundation for design and construction, the South Carolina Library Foundation, and the Correctional Development Foundation. I'm currently a member of the Board of Trustees at the Medical University of South Carolina and served an unexpired term and then a full term. I'm chairman of the committee on Research, and that's an area I am particularly interested in. Last year we obtained over a $100,000,000.00 in sponsored research programs. These programs are not funded by the state. In fact, the research that we do with the state sponsored project is small. Most of it is federal money and from industry. This year we expect to do $107,000,000.00 in sponsored research. Now, our outlook for the next three to four years is that we will need another 300,000 square feet of research facilities which will provide 2000 jobs in the Charleston area. If we could get the funds we could obtain enough sponsored research for another 2000 jobs and 300,000 square feet. At our last board meeting the Committee on Research sponsored or brought forth a six point initiative of the things that we wanted to this year. And one of them that I think that you would particularly be interested in is cooperation of programs between Clemson, USC, and MUSC. There are certain fits that each college that make them attractive. I was at the Medical University on Friday and saw a project between Clemson bioengineering faculty and students working with the faculty at the Medical University of South Carolina. And as I look around this room I can bring you some good news this morning. They are working on a process that we expect to have perfected in two years. If you need a colonoscopy which a lot of people in this room will need or have needed and don't look forward to and I'm certain will have that procedure, is a non-invasive procedure. And I think this is something, this is just to give you an idea of the breadth and scope and level of research that's being conducted at the Medical University of South Carolina. We have a wonderful university. We have wonderful graduates. And I think we're doing a good job at the State of South Carolina. We always need more money but I've enjoyed my service. I'm retired. I have the time to continue that service. And I'd be happy to answer any questions that you have.
CHAIRMAN PHILLIPS: Any questions? Mr. Inabinett.
REPRESENTATIVE INABINETT: Yes, I have one question, I guess a bit out of curiosity with reference to your military service.
MR. MCELVEEN: Yes, sir. I was in the ...
REPRESENTATIVE INABINETT: It starts ...
MR. MCELVEEN: I was in the Naval Air Corp. When I graduated from Clemson I went into a program called the Aviation Officers Candidate School. I went to flight school in Pensacola, Florida. I had a problem with a rheumatoid arthritis like disease which never developed. But I was discharged because of that because I couldn't continue in the flight program. And that was one of the points of the program.
REPRESENTATIVE INABINETT: Thank you, sir.
MR. MCELVEEN: I'd always wanted to fly so I flew privately after that.
CHAIRMAN PHILLIPS: Any other questions? Senator Giese.
SENATOR GIESE: One quick question. You have a dental school, do you not?
MR. MCELVEEN: Yes, sir.
SENATOR GIESE: And you're making a request for a new building?
MR. MCELVEEN: Yes. That's -- and this is a good time to say this but that ...
MR. FISHBURNE: Don, excuse me. Since I'm the dentist on the Board, Senator, may I speak to that? You're about to steal my thunder. Thank you very much.
MR. MCELVEEN: Well, let me say this and I'll let Cotey address all the particulars to it. But I think it's one of the best kept secrets in South Carolina, our dental school. Our graduates from our dental school placed number five nationally on passing the national exam. Now, our facilities are dilapidated. They're out-of-date. It was never designed for a medical school, but using it for a medical school and we're turning out exceptionally good students.
SENATOR GIESE: Thank you.
CHAIRMAN PHILLIPS: Any other questions?
MR. MCELVEEN: Dr. Fishburne can address the rest of that question.
CHAIRMAN PHILLIPS: Any other questions? Representative Gamble.
REPRESENTATIVE GAMBLE: Do you know what percentage of your medical school students are getting assistance from the federal government basically this program to pay for their medical school education but in return they have to agree to serve so many years of ...
MR. MCELVEEN: I do not know.
REPRESENTATIVE GAMBLE: ... rural community ...
MR. MCELVEEN: I do not know that. I'm sorry. I don't know that.
REPRESENTATIVE GAMBLE: Because we're getting told there's a high default rate, that people are not going through with that commitment that they've made. And it's a national problem; it's not unique to South Carolina. So you're not ...
MR. MCELVEEN: I ... that's something that's not been brought to my attention and I just can't -- I'm sorry, Ms. Gamble, I just can't answer that question. I'm sorry.
CHAIRMAN PHILLIPS: Any other questions?
MR. MCELVEEN: But you can be proud of your medical university. And when I say medical university, I mean health professionals and the nursing school and the dental school. MUSC.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Don. Next we have William F. Hoffman from Blythewood.
WILLIAM F. HOFFMAN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. HOFFMAN: No, I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. HOFFMAN: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. HOFFMAN: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. HOFFMAN: No, sir.
CHAIRMAN PHILLIPS: Thank you. Go ahead with your statement.
MR. HOFFMAN: Chairman and members of the committee, thank you very much for this opportunity to apply for this position because I bring you extremely high level of energy and enthusiasm for it. I have worked for the Dupont Company for over 26 years in a number of manufacturing and technical opportunities. During that time developed a very good rapporteur of skills around consensus building, strategic analysis and looking for organizational change through life-long learning. I've had a number of different opportunities working as an operations manager, assistant to production directors throughout and a number of opportunities there. I have educational training as a chemical engineer with an MBA behind that. I have a high degree for value for organizational development and for continuing life-long learning. I am currently working on a cutting edge technology within Dupont for eliminating defects. And I finished at the top of my class and recently have been appointed as a trainer of people who will be utilizing that technology. I believe I can bring a broad base of business understanding in a non-medicine way to this position. Thank you.
CHAIRMAN PHILLIPS: Any questions for Mr. Hoffman? None. Thank you, sir. The next candidate is Donald V. Richardson from Columbia the III.
MR. RICHARDSON: Mr. Chairman and members of the committee.
CHAIRMAN PHILLIPS: Mr. Richardson, let me swear you first.
MR. RICHARDSON: Excuse me.
DONALD V. RICHARDSON, III, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. RICHARDSON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. RICHARDSON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. RICHARDSON: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. RICHARDSON: No, sir.
CHAIRMAN PHILLIPS: Go ahead with your statement, sir.
MR. RICHARDSON: Thank you Mr. Chairman and Members of the Committee. I have been a lawyer since 1960 at which time I started a practice. I started practicing here in Columbia, South Carolina. I grew up in Georgetown and went to public schools there. I graduated from the University of South Carolina with a BS degree in business. I then joined -- went to law school, finished law school here also at Carolina. While at the University of South Carolina in academic schools I was vice president of the student body, elected to "Who's Who" and a number of other honors following there in serving and getting my education. My father was a member of the House of Representatives in Georgetown County for approximately ten years where he served on the Ways and Means Committee here. From about age ten to age 20 I heard all my life that it was incumbent upon people who had the ability to serve the public should do so. That if the public did not have good qualified candidates you would not get good service. I was taught that from a very early age and I just retired last year from the active practice of law with my firm after 40 years. This is the first opportunity that I've had to serve. During the last 25 years of my practice I represented medical care professionals. I defended doctors in essence in medical malpractice cases. I've defended hospitals. My firm had been representing the Richland Memorial Hospital from 1973 on and still do so today. I was there through the starting of the medical school. My practice while out of Columbia it was a lot broader than that. I tried cases in everything from Beaufort to Horry County to Georgetown to Charleston to Greenville, Columbia, a lot in Florence and the outlying areas. I am a trial lawyer. That is what I did. I understand more law that deals with health care professionals than probably most people in the state. I was fortunately very good at it. I was also listed -- and I always have to go look it up because I was surprised to get it -- I was a ... have been recognized in the Book the "Best Lawyers in America" in my field. So I have a lot of knowledge. I speak the language of doctors. I understand them. I've served on the Board of Visitors at the Medical University. I have probably used most witnesses or a lot of witnesses who are department chairmen from MUSC. My opponents spoke of research grants. A lot of these people in administration, a lot of them that are in the health care who are delivering this research programs, I know. They've testified for me. I've been in the courtroom with them. And I understand them. You ask about the service, I was probably the only person --I hear all of these Citadel graduates and their commissions -- I was swabbing a deck on a destroyer escort when I was -- got out of law school. I had two degrees. But I had volunteered for the Naval Reserve when I was 17 years old, on my 17th birthday. And I served an eight year commission -- commitment with the Naval Reserve. It just happened to be two doors from my home in Georgetown. Couldn't wait to sign up, so at 17 I did. When I finished law school, I was still in the reserve. And that's how I came about to be swabbing a deck off Charleston with two degrees at that time. I have watched surgeries. I've been in the operating room when other people were operated upon to learn my skills. To speak to people who had lots of specialties and, as I've said, I've had this interest. I know the interest of the medical community. I know a lot of people in the medical community and I believe I have a lot to offer. For example, MUSC, I understand, is having a mediation now or an operation -- difficulty in schools. I am a certified trained, certified mediator, having earned my certificate of responsibility at Harvard. So I think I am well qualified and well worked and this is an interest that I very much would like to serve. Thank you.
CHAIRMAN PHILLIPS: Any questions? Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Richardson, you do come well recommended -- or highly recommended, I guess I should say -- because I've got correspondence from physicians that I personally know and they've spoken very highly of you. And you do have a tremendous amount of experience as a defense attorney in the medical malpractice arena. What can our medical schools of South Carolina do, or can they do anything to reduce the number of medical malpractice suits that we have everyday?
MR. RICHARDSON: I wish I knew the answer to that question. There are certain rules that the court has adopted that really hammer a defense lawyer. I've always said that I try cases with one hand tied behind my back -- but I don't want to get into a long discussion with it, but under the medicare provisions in this state, if you receive a hospital for $150,000.00 and medicare pays only 20,000 the patient goes into the courtroom presents the bill for 120,000. The patient does not owe the bill, will not pay the bill and the hospital by law cannot collect that bill. But as a defense lawyer in defending the health care professional, we're looking at $150,000.00 expense and I am forbidden to tell the jury that they do not owe it, they will not pay it,and the hospital cannot collect it.
REPRESENTATIVE GAMBLE: But now, you're talking about them taking this into court when they feel like something has gone wrong?
MR. RICHARDSON: Yes, ma'am.
REPRESENTATIVE GAMBLE: Not just because the bill wasn't paid?
MR. RICHARDSON: But that is one thing of a bonus that has a tremendous impact.
REPRESENTATIVE GAMBLE: That's a state regulation or a federal regulation?
MR. RICHARDSON: That's State Court. Supreme Court ruling.
REPRESENTATIVE GAMBLE: The State Supreme Court ruling now.
MR. RICHARDSON: The State Supreme's.
REPRESENTATIVE GAMBLE: So they based their ruling if it was a State Supreme Court then on state regulations?
MR. RICHARDSON: Yes, ma'am. We, as far as defending a case and the law in which we take that case under, it's determined by the law as announced by the South Carolina Supreme Court. But I don't know how, you know, other states have tried arbitration. There are paid professionals who do nothing but furnish affidavits that you got a good case who will never testify in court just to get by the procedure. And they won't even show up in our arbitrations.
REPRESENTATIVE GAMBLE: Do you think we're doing everything that we need to do communications and skills wise? I mean, do you think when we send someone out into the profession as a doctor that we are sending them out equipped with the communication skills that they need to do that?
MR. RICHARDSON: Yes, ma'am, I think that doctors, Dr. Gamble, are more qualified today than they were 12 months ago. For example, you asked a question, I think it came from you, about the program of doctors who have to pay back service. I've seen both sides of that coin. I had the privilege of defending two physicians from Dillon, South Carolina in a trial which I said to myself at the conclusion of that trial, those people were very lucky. Those were well qualified board certified. One was an internist, one was a family practitioner. And Dillon had never seen anything like that because those two boys had finished the Medical University and as a result had to go to an area to serve the community in this state. And they did and they went to Dillon and Dillon was very fortunate. And one has since left and has gone to Florence. But one is still there. These were fine well qualified people. And that's one great program. Now, I have seen others in specialties that have gone on and have left the medical school, gone through a residency program and then after residency done a fellowship. And there is so much incentive after the fellowship that they just pay the federal government back and it's a whopping penalty. I mean it is a penalty that would bring most people to your knees. If they get paid $50,000.00 you might have to pay back 200,000. So it's the federal government and they'll sue you if you don't do it.
REPRESENTATIVE GAMBLE: They've approached -- I mean approached me about wanting to yank licenses. I mean they're wanting the state to intervene to that extent that we would deny a license to physicians who have outstanding debts. And that seems to be ...
MR. RICHARDSON: I'm a little bit ...
REPRESENTATIVE GAMBLE: ... very extreme.
MR. RICHARDSON: I'm a little bit surprised at that, Dr. Gamble, because the last time I had one of them in Federal Court brought suit through the district attorney's office and they are unyielding and he paid. I mean, I guess the Federal Court was looking for an easy way to enforce it. That would be my answer to that. It's not they can't because you get in that big court up there it's, you know, they don't play with you in the federal system.
CHAIRMAN PHILLIPS: Dr. Giese.
SENATOR GIESE: One quick question.
MR. RICHARDSON: Yes, sir, Senator.
SENATOR GIESE: Mr. Richardson, you served on the Board of Visitors in 1988 and 1989, was that an interim or was it a regular appointment?
MR. RICHARDSON: Two year appointment.
SENATOR GIESE: Pardon me?
MR. RICHARDSON: Two year appointment.
SENATOR GIESE: Two year appointment, and what does the Board of Visitors Medical University do?
MR. RICHARDSON: I just like them to think that we were just simply educated at what the Medical University did. We of course had no -- just like all Board of Visitors --you don't make any decisions. You just meet people and know what the University does. I have been very fortunate, I'm one of the few guys who knows where to park and get to the right floor and go through that maze to find the right doctors so I've been down there that much. And know so many of those department heads that -- and I'll be quite honest with you, I'm one of the few lawyers they're glad to see.
SENATOR GIESE: Thank you.
CHAIRMAN PHILLIPS: Representative Inabinett.
MR. RICHARDSON: Thank you.
REPRESENTATIVE INABINETT: Thank you. One more question, please. It's my understanding that on occasions because of the time track between patients and insurance companies ...
MR. RICHARDSON: Yes, sir.
REPRESENTATIVE INABINETT: ... that instead of the insurance company sending, for instance, to the Medical University, fees for service, they will send those fees to the patient and in turn the University and in some case doctors, are not able to collect because the patient's cashed those checks, are you aware of that, sir?
MR. RICHARDSON: Yes, sir. And I think the problem, Representative Inabinett, in which you address and it is a problem and it's one that can easily be rectified probably by the legislature. For example, the patient is hurt in lets say an automobile accident but happened to be confined to the hospital for 20 days. That would be quite a hospital bill for 20 days. And lets say for the sake of discussion it's $20,000.00. The lawyer then collects all the hospital bills, the medical reports. Packages them up and sends them to the insurance company. And we settle for $150,000.00. The patient says, I don't want my -- I don't want the hospital paid. Now, it gets complicated if the hospital has an assignment in which I always took the position it was required that if signed, to pay that money back or to pay the bill that's due. Some did, some didn't. If the lawyer then really doesn't have any obligate -- anything to do but must pay the money to the patient, unless it's a valid signing. I was chairman of the Grievance Committee for disbarment of attorneys for two years. That was one service that I did that when asked by the Supreme Court to serve on that I felt like it was my obligation no matter what my business interest might have been that I did. This was somewhat of a problem. And a doctor would not be paid. He would render the report, had it signed. The lawyer ignored it and paid it to the client. I think if the laws were strengthened that there is a valid assignment signed by the patient and the lawyer has no choice, then I think that would solve some ethical dilemma for the attorneys.
CHAIRMAN PHILLIPS: Any questions? No. Thank you, sir.
MR. RICHARDSON: Thank you.
CHAIRMAN PHILLIPS: That concludes the 2nd District, non-medical. The three candidates for that position, what is the pleasure of the committee?
SENATOR GIESE: Move approval.
SENATOR WILSON: Second.
CHAIRMAN PHILLIPS: I have a motion and a second approval. All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. You're welcome to stay or you may go if you like. And I move onto the 3rd congressional district, non-medical, Fred Moore. We got a fax and we also got by air express mail and we got a letter from Mr. Moore is asking for a delay in his -- "I am completing my fourth year of service at the Medical University of South Carolina as a member of the Board of Trustees. I am seeking re-election to this board. After having undergone lung surgery for asbestosis at MUSC, I am in the daily rehabilitation program at this time. Because of my participation in this program, I will not be able to attend the candidate screening process on Monday, February 28th, of 2000. I am asking to be excused from this candidate screening today and I am requesting that I be screened by a conference call. My number is" so and so and so. Since we have the opening and re-open at the -- and I'll make a statement now and I want have to do it when we get to it, since we have to re-open Seat 12 for the South Carolina State Board of Trustees by virtue of the incumbent not being able to participate, for any reason withdrawal before screening or before his election screening time we had to re-open the law because of the fact to protect the seat of some candidate who may be an incumbent would get right up to the filing deadline and just say I don't want to run and I have a friend who would be there to step right in we would be trapped in that seat so the law says any time an incumbent cannot meet or fulfill the duties or be screened for the position it is then that we must re-open screening and we plan to re-open screening filing for Seat 12, South Carolina State immediately and the information will go back out to the newspapers and everyone will be involved. We would like to run that is Seat 12 At-Large. We do have a candidate for that position, Mr. Walter L. Salters is the one who died Thursday and should have been the incumbent and could not be by virtue of his death. George C. Bradley of Summerville is the other candidate and we notified Mr. Bradley on Thursday afternoon by mail and by phone that he would not be required to appear here today by virtue of having to re-open this seat. So we plan to do that. Now, that gets us back to Mr. Moore who is not able to be here today. And I don't think conference calls can be addressed because the first question that we have, do you have any health-related problems that keeps you from serving this board in a full capacity and also regular board meetings. So what I would like the committee to determine is, that we extend Mr. Moore the courtesy for one more meeting for one that where we were screening for Seat 12, South Carolina State, and the filing period for that ten days. Mr. Bradley will not have to fill out a defamation. All he will be required to do is send his letter of intent then we will keep it on file and his information which we have in our packet today. So we will be screening one more time and what is the pleasure of the committee to extend Mr. Moore? Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Chairman, I think my only concern would be that Mr. Moore's availability to complete the term or to serve the term and be active, would it be appropriate for us to ask that he present a statement from his doctor as to when he might be able to resume service on the board? It's my understanding he's been in the hospital since before Christmas and may have been recently released like in the last week but that's a very long hospitalization and I'm just concerned, you know, if he's going to be able to get back into the swing of things in the next month or so I don't have a problem with that, but if the doctors can't assure us that he can resume an active role on the board at some point and time then I think we need to know that.
CHAIRMAN PHILLIPS: Mr. Inabinett.
REPRESENTATIVE INABINETT: Mr. Chairman, since a part of your questioning addresses health, maybe when that question is asked based on his present health status and hopefully information will be given him by his doctors before he appears before us. That question might be answered by him.
CHAIRMAN PHILLIPS: Any other questions? Let's just take the one about the telephone. I don't think we can do that at all so let's rule that out of order as far as screening on the telephone. Now Mr. Moore is the incumbent and you know the incumbent serves until his replacement so that puts us in another catch 25. But I think you made a valid point that maybe a statement from his physician of his condition would be in order but I would like to extend this date to our next screening date and if at that time that he's not able to be here then I think that the committee will maybe make a determination at that time. Do you understand what I'm saying? We're going to have to screen him anyway. I don't want to shut him out because he will serve until his successor, so at that time we really need to take a hard look and write him back Sophia and ask him if he would submit a statement from his doctor of his real conditions and if he will be able to serve in a full capacity and attend the Board meetings upon his prognosis of his operation. Mr. Inabinett.
REPRESENTATIVE INABINETT: Yes, Mr. President, I just hope we're not setting a precedent. I thoroughly understand the rationale for requesting a statement but I hope that that won't at some point require us to ask candidates that we may have some questions with reference to their health to get doctor's statements.
REPRESENTATIVE GAMBLE: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes, Dr. Gamble.
REPRESENTATIVE GAMBLE: What was Mr. Moore's attendance? I think we had attendance records on all candidates. What was his attendance prior to him getting ill in December?
CHAIRMAN PHILLIPS: Do we have ...
MS. FLOYD: I have that in my office. I can go get it.
REPRESENTATIVE GAMBLE: I mean I think if he has been able to attend up until December, then I think we have to give him some consideration that he's just --- he's ill for the present. I mean if he's not been able to attend meetings for the last year or so then I think that does present a different situation. But I think if he's only gotten sick in December that we -- and I'm not so sure if we refer back to the research that we had done, if that's not something we should be taking ...
CHAIRMAN PHILLIPS: Well, we ...
REPRESENTATIVE GAMBLE: ...into consideration under the Americans with Disabilities that we have to give him some consideration. And especially based on his prior attendance records and his participation.
SENATOR GIESE: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes, Senator Giese.
SENATOR GIESE: I move we carry this over until we find out what his attendance record is and then I would certainly agree with you if we're going to be requesting medical assurance from physicians that this guy is going to live -- certainly going to live through the four years, if we're out of line.
CHAIRMAN PHILLIPS: We will. If you will, we'll hold this until the end and we'll send Sophia to get his attendance. But if you'll go get that we'll continue on screening until we get that and bring it.
REPRESENTATIVE INABINETT: Third.
CHAIRMAN PHILLIPS: Yes, we do have a third district non-medical candidate. Charles W. Schulze, Mr. Schulze from Greenwood. Sir, will you please raise your right hand.
CHARLES W. SCHULZE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. SCHULZE: No, sir. I just had an annual physical.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. SCHULZE: Yes, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. SCHULZE: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. SCHULZE: Not at this time.
CHAIRMAN PHILLIPS: Thank you. Go ahead with your statement, sir.
MR. SCHULZE: Thank you, sir. My name is Charles Schulze and I'm offering for the 3rd District, non-medical seat on the Board of Trustees at the Medical University. I'm a lifelong resident of South Carolina and a native of Greenwood. I'm a senior partner in the regional accounting and consulting firm of Elliott, Davis & Company. I'm with the Greenwood office. I have over 25 years of experience in accounting, auditing and consulting. I hold a BBA degree, a Bachelor of Business Administration Degree from the University of Georgia in accounting and a masters degree in accounting from the University of South Carolina. I am a licensed certified public accountant and I'm also a certified fraud examiner. I have a long standing interest in higher education. I've been an advisor for Lander University's business department. I've been an adjunct professor of accounting at the University of South Carolina. An distinguished lecturer in accounting at the University of Georgia. It's been my honor to be an advisor to the dean at the Tierney College of Business at the University of Georgia. And I also too have been a member of the Board of Visitors at the Medical University of South Carolina. I have previous experience with state agencies, having just completed a term with the Department of Labor, Licensing and Regulations Board of Accountancy. I finished a six year term, or two three year terms, and I rotated off as chairman of that board. I'm very active in my community. It's also my honor to serve as an advisor to the V. Kann Rasmussen Foundation which is a private foundation here in South Carolina. We have the honor of just having made a significant multi-million dollar grant to the three research universities here in South Carolina. I think maybe for the first time we're seeing them work together in a significant project and we're very proud of that. It was my privilege to serve honorably in the United States Air Force from 1968 until 1972. I too was a non-commissioned officer. I was a grunt and finished up as a sergeant. I spent three years of my four years of service on assignments in Japan, Korea, Taiwan, Thailand and Vietnam. In my opinion, it was the best higher education I ever received. My wife is a social studies teacher at Emerald High School. I have two daughters. Meg, a junior at Wofford College. And Caroline, a freshman at the College of Charleston so I know a little bit about higher education costs right now. It's my belief that I will make a good candidate for the Board of Trustees of the Medical University. This belief is based on my record of service for my country, my state, my community, and to my profession. I think I will bring a high level of professionalism, experience, and commitment to the board. And you can also check my attendance at the Board of Accountancy. I think -- I don't think I've missed any meetings, maybe one or two in six years. Thank you.
CHAIRMAN PHILLIPS: Any questions of Mr. Schulze? None. Thank you, sir. You may have a seat there. Let's continue on until Sophia gets back. The 4th Congressional District, medical, Dr. Charles B. Thomas, Jr. from Greenville. Mr. Thomas, would you raise your right hand.
CHARLES B. THOMAS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. THOMAS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. THOMAS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. THOMAS: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. THOMAS: No, sir.
CHAIRMAN PHILLIPS: Then go ahead, sir.
MR. THOMAS: My name is Charlie Thomas. I have three degrees from the Medical University. A BS in pharmacy and got an MD degree. And also completed orthopaedic surgery training there, so I've spent a significant portion of my formative years at the Medical University. I was elected to the board in 1996. Elected vice chairman in 1998. A position that I currently hold. I have a perfect attendance record. It's a platitude but we really are in the midst of a lot of changes down there, what with Dr. Edwards retiring, having a new president. The conversion of the hospital to a public authority, and thirdly the ramifications of the balanced budget bill in 1997 which began to observe a significant effect on the bottom line. And I would like to continue to try to provide some leadership down there for the next four years.
CHAIRMAN PHILLIPS: Any questions of Dr. Thomas? None. Thank you, sir.
MR. THOMAS: Thank you.
CHAIRMAN PHILLIPS: The next candidate is Harold E. Fleming of Spartanburg.
HAROLD E. FLEMING, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. FLEMING: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. FLEMING: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. FLEMING: I do not.
CHAIRMAN PHILLIPS: 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?
MR. FLEMING: No.
CHAIRMAN PHILLIPS: You may present your statement.
MR. FLEMING: My name as you know is Harold Fleming. And I want to take this opportunity to thank you Mr. Chairman and the Committee Members for the time to be considered for the medical department and for the Board of Medical University of South Carolina. I am a physician. A graduate of the Medical University of South Carolina in 1965. All of my education has been in South Carolina where I was born. My post educational training has all been in Indiana, Arizona. I ran a hospital for two years in the state of Nevada as part of my military service. I, in addition, have an MBA from the Fuqua School of Business which was acquired two years ago. And I've been intricately involved in multiple medical and non-medical business endeavors, none of which have failed with and particularly related to the economics of health care, the merging of HMO's, and into our health care environment. We currently have one of the best Medical Universities in the country in Charleston and I would like to offer my unique skills to hope to maintain this in the future.
CHAIRMAN PHILLIPS: Any questions? Senator Giese.
SENATOR GIESE: Dr. Fleming, what type of residency did you pursue upon graduation?
MR. FLEMING: I did an internal medicine residency and then I did a cardiology fellowship at ... in Arizona. I did my internal medicine in Indiana and my cardiology fellowship in Arizona.
SENATOR GIESE: And what possessed you to do an MBA?
MR. FLEMING: I've always been involved in the business part of our office management. We've grown from a two man group to a nine man group. We have dealt with multiple hospitals, most of the insurance agencies. It was something I wanted to do and it's probably the best thing I've ever done for me since my children graduated from college.
SENATOR GIESE: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Dr. Gamble.
REPRESENTATIVE GAMBLE: Dr. Fleming, could you elaborate a little bit, I'm looking for at your statement of economic interest. The office space that you rent to the county. The value is 200,000 and you've got your cut, 22 percent ownership. Is the 22 percent ownership that 200,000 or is that 200,000 the total of that amount of the lease?
MR. FLEMING: That's the total amount. It's not exactly to the county, it is ... I have a 22 percent ownership in the building that is leased by the hospital health care system which is a division of the county.
REPRESENTATIVE GAMBLE: And can you elaborate a little bit on your relationship? I mean is that where your practice is located? I mean do they own your practice?
MR. FLEMING: No. They own -- we are contracted with the hospital. They provide -- we are not owned by a hospital. We are contracted with the hospital system. They provide the employees. We get paid only if we work.
REPRESENTATIVE GAMBLE: All right, clarify this. You own the building. You're leasing it to the hospital and then you occupy it?
MR. FLEMING: Correct. And this was as a result of their taking over the management part of the practice three years ago. But they do not own us.
CHAIRMAN PHILLIPS: Any other questions? None. Thank you, sir. That 4th Congressional District that's the two candidates. What is the committee on those two?
SENATOR WILSON: Move favorable.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: A motion to second. All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. That means you're qualified. You may do whatever you need to do. We want to go back to Fred Moore. And we've got the attendance for the last -- let me ask somebody from the College at MUSC, do you have monthly board meetings or call board meetings?
AUDIENCE MEMBER: Bi-monthly.
CHAIRMAN PHILLIPS: Bi-monthly, okay. And Mr. Moore had, out of the five in 1999, he attended three, was absent two. I still would like to, if it pleases the committee, is to extend him another opportunity to be screened when we re-screen for the Seat 12, At-Large for South Carolina State. This is a courtesy of extending him by virtue of being a House Member of about 25 years and willing to serve in other capacities of his time. I feel like we ought to do that. And virtue of having a time to do that it's not really putting anybody out of the way.
SENATOR WILSON: If it requests a motion, I'd like to so move.
CHAIRMAN PHILLIPS: Well, I'd like you all to put it out for discussion and if anyone wants to talk about it and then I'll entertain a motion.
SENATOR WILSON: So moved.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: Thank you. All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Now, as far as Mr. Schulze, what is the pleasure of the committee?
SENATOR WILSON: Move favorable.
CHAIRMAN PHILLIPS: Being screened here today all that he would need to do is give us a letter of his intent and would not have to be screened again at that ...
REPRESENTATIVE GAMBLE: I disagree. I think all we're doing is postponing Mr. Moore. We're not opening back up the process with the other candidates. We're opening up the application period. We're not opening up the application period we're only extending ...
SENATOR WILSON: And that was the intent of my motion ...
REPRESENTATIVE GAMBLE: Right.
SENATOR WILSON: ... to just clarify that he would ...
REPRESENTATIVE GAMBLE We're only extending him the opportunity to come and be screened at a later date ...
CHAIRMAN PHILLIPS: Okay, well, I ...
REPRESENTATIVE GAMBLE: ... just like we delayed those from last week.
CHAIRMAN PHILLIPS: What I was getting around to and maybe I'm getting ahead of myself and maybe he's disqualified but ... I understand, so I forget that. What is the pleasure of the committee for the screening?
SENATOR WILSON: So moved as to Mr. Schulze.
CHAIRMAN PHILLIPS: Thank you. Thank you very much. We'll move on. And we'll handle that from the chair, all right. Thank you. The next one is 5th Congressional District, Mr. Cotesworth Fishburne, Rock Hill, Jr. Mr. Cotey Fishburne, Rock Hill.
MR. FISHBURNE: Thank you very much.
COTESWORTH P. FISHBURNE, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. FISHBURNE: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. FISHBURNE: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. FISHBURNE: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. FISHBURNE: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead, sir.
MR. FISHBURNE: Well, thank you Mr. Chairman and screening committee. I'm going to try to be as brief as possible. As you are well aware we have six congressional districts and each district as you know has a professional and a sort of group called a lay or a non-medical person, and I'm privileged to be the only dentist out of the six so-called medical representatives on the Board of Trustees, and I've been privileged to represent the roughly 1500 dentists in the state of South Carolina. I've been active in the organized dentistry in our state. And I've been on the Board for 12 years. I think I've seen our budget go from about 450,000,000 to about 950,000,000 today. And our dependence on the state dropped from about 42 percent to around 18 percent during those 12 years. And I'm not saying that I should deserve any credit for it but I don't -- because I don't. But it has been real gratifying to see. The big project as Senator Giese stopped Mr. McElveen from, in a great natured sort of way, I hope, from trying to steal my thunder is the creation of a new dental facility down at the Medical University. As Mr. McElveen said we placed fifth out of 55 dental schools throughout America in our national boards. And that 55 includes giants like Harvard and Columbia University, and the University of Texas, the University of Michigan, UCLA, and on and on. And it's been accomplished with the dedication of the faculty and a rather deplorable dental facility. And you know dentistry, as you all know from going in to visit your dentist, if you walked in and you saw deplorable out-of-date looking dental equipment in an office, you would probably change your mind about the entire impression of that visit to the dentist. Dr. Edwards has been our president, as has been mentioned, for 17 years. And as you know, he is a dentist. He's a former member of the legislature. He's a former governor. And we want to build a new dental building down there and name it the James B. Edwards School of Dental building. It's going to cost, the estimate we have is $29,000,000.00. We want 19 of it -- this sounds a lot like a commercial in the middle of the screening committee and I'm sorry -- but we want 19 of it to come from the legislature with an agreement that we in dentistry and Dr. Edwards, his many corporate friends and many friends throughout the state, and the south, and the nation will come up with the other 10,000,000 to bring the total to 29,000,000. As most of you know the Ways and Means Committee this past Wednesday -- I think it was this past Wednesday -- approved 6.3 million and I think they had in mind and we have in mind 6.3 million over a three year period. And I appreciate the fact of -- I appreciate being here and I appreciate being able to bring this up in front of the screening committee even though it might not be directly screening material. And if you have any questions, I'll be glad to entertain them on any subject related to the Medical University, or dentistry, or whatever.
CHAIRMAN PHILLIPS: Any questions? Senator Wilson.
SENATOR WILSON: I in particular would like to commend you for your -- for the whole Board's efforts to promote the dental school. And I am a great admirer of Governor Edwards and his 17 years of service. I have always had a high regard for the Medical University and certainly with all of your alls hard work you've made it into a world class institution so we very much appreciate the work of Jim Edwards and Anne Edwards and the Board.
MR. FISHBURNE: Thank you very much. And I'll try to pass that on.
CHAIRMAN PHILLIPS: Any others? Dr. Gamble.
REPRESENTATIVE GAMBLE: Dr. Fishburne, I just want to tell you that your wife grew up across the street from me. She used to pick me up every morning to walk to the bus. As a matter of fact, our neighbor who lived between us is down at the dental school, Charles Hook, is a professor down at the dental school at MUSC, and Charles actually lived between the two of us. But I spent many a night over at the Herlong's house.
MR. FISHBURNE: Well, if I might, I'll certainly tell her and she'll be thrilled to hear it.
REPRESENTATIVE GAMBLE: Well ...
MR. FISHBURNE: If I might be able to say it. We at the dental school had a homecoming the night before last and we saw Charles Hook and we joked about Manning. And he's a real -- one of the real leaders in our faculty down there, as you probably know. And he's the person who is going to be the chief faculty representative in the new dental building. Thank you very much.
REPRESENTATIVE GAMBLE: He's a fine person and the Herlongs are just as fine as they come, too. And give them my best.
MR. FISHBURNE: Thank you very much.
CHAIRMAN PHILLIPS: Any questions?
REPRESENTATIVE INABINETT: Move favorable.
SENATOR WILSON: Second.
CHAIRMAN PHILLIPS: A motion and a second for approval. All in favor say aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Dr. Fishburne.
MR. FISHBURNE: Thank you.
CHAIRMAN PHILLIPS: 6th District, medical, Dr. E. Conyers O'Bryan, Jr. from Florence. Will you raise your right hand.
E. CONYERS, O'BRYAN, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. O'BRYAN: No, I don't.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. O'BRYAN: Yes.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. O'BRYAN: No, I do not.
CHAIRMAN PHILLIPS: 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?
MR. O'BRYAN: No, I do not.
CHAIRMAN PHILLIPS: You may proceed, sir.
MR. O'BRYAN: I'm a native of Kingstree. I graduated from the Medical University of South Carolina. Interned in University in St. Louis. And did internal medicine residency and cardiologic fellowship at the Medical University. Been on the Board since 1976. I'm the immediate past chairman. I'm also a Clinical Professor of Cardiology and have taught the past three or four years. I would like to, for your comfort and our public relations protection to correct one of Mr. McElveen's statements. I note he offered you colonoscopy. I can assure you it's still an invasive procedure, even though we do it better than anybody else. I don't want you on the table thinking that we misled you into something like that.
CHAIRMAN PHILLIPS: Any questions from Dr. O'Bryan? None?
SENATOR GIESE: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes.
SENATOR GIESE: Dr. O'Bryan, what would you think the leading area of research is at the Medical University? The one that perhaps you've received the most acclaim for?
MR. O'BRYAN: Probably cancer right now. Second would be gastroenterology. The department is undoubtedly world famous. The Collins Cancer Institute is rapidly becoming that same entity.
CHAIRMAN PHILLIPS: Any other questions. What is the pleasure of the committee on Dr. O'Bryan?
SENATOR WILSON: Move favorable.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: The motion and a second. All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Dr. O'Bryan. Moving on to South Carolina State, At-Large, Seat 11, Mr. John Williams, Jr. from Orangeburg. Please raise your hand.
JOHN WILLIAMS, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. WILLIAMS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. WILLIAMS: To the Chair and members of the committee I certainly appreciate your time for the screening process concerning. I'm John Williams, Jr. I'm a product of the public schools of South Carolina. I was educated at Sterling High School, South Carolina State University, Clemson University. All of my public life work has been in education. I've worked from the mountains to the sea. I started in Spartanburg County. I went down to Greenwood County and worked Greenville County, Beaufort County. And I spent 20 years at South Carolina State University on the faculty at that particular institution. I have a tremendous debt of gratitude that I feel that I must pay, or repay, or at least try to repay, to the people who have helped me in my life. I have loved working with children. My wife and I continue to work with children in the community. I love South Carolina State University. It has been a labor of love the work that we have had an opportunity to do. We will continue to serve regardless of what circumstances we may find ourselves in. I am completing my first term on the Board. During this period of time I have had an opportunity to serve on various committees. At the present time I chair the marketing and public relations committee. Of course we are doing certain things to make sure that we enhance our image and serving to do some things in the area of fundraising. We have a tremendous job ahead of us. We have a number of things that we must continue to work on as far as the university is concerned. And I thank you chairman for his acknowledgment of the death of my colleague, Dr. Salters. And if there are any other questions that you have I certainly will answer.
CHAIRMAN PHILLIPS: Senator Giese.
SENATOR GIESE: If you as a member of the Board of Trustees can give us some insight of who set the policy an so on at South Carolina State, there appears to be such a tremendous amount of deferred maintenance that I think you probably are one of the leaders in the state at a major institutions when it comes to deferred maintenance. I've been on your campus a number of times at the request of constituents and I must say I was appalled to see some of the facilities that were being used, which would indicate either poor planning in construction or questionable planning in construction or deferred maintenance being ignored. As a Board, how do you people approach that problem?
MR. WILLIAMS: It's a very difficult situation at this particular time because we certainly have to continue with our academic programs. And of course the deferred maintenance and of course the amount of money that's appropriated and what we're able to raise as an institution I think is somewhat short. We will have to continue to, you know, work in that effort. We seem like we got into a situation with deferred maintenance certainly over a period of time but it's at a point now where it's very embarrassing. I think there are things that we're going to have to certainly do in terms of addressing those kinds of concerns. We've had a number of administrative changes, and we cannot let that serve as an excuse, we just have to roll up our sleeves and get this job done and make sure that we take care of those kind of things.
SENATOR GIESE: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Yes.
REPRESENTATIVE INABINETT: Mr. Chairman.
CHAIRMAN PHILLIPS: Representative Inabinett.
REPRESENTATIVE INABINETT: With reference to deferred maintenance, that has been a problem for a number of years, would you or in your belief, funding for State University based on my experience has not been as great as for some of the other institutions, is this a problem or a part of the problem?
MR. WILLIAMS: I think this is a part of the problem. Often times we certainly have to take care of what we have. But it has been a part of the problem because we just haven't had enough to do the job with. And we don't want to sit around and make excuses like that because we have to work with what we have, but any time you have a short fall and of course we had a problem a year or so ago of where we were having to certainly borrow money to make sure we didn't have a tremendous short fall. It gave us a trouble thing with our appropriation and our image as far as the University is concerned. We worked past that situation but we're still in dire straits as far as resources. And any time we suffer any types of cuts it really strains the situation that is already in dire straits. And we just need the support and continued help from legislature.
CHAIRMAN PHILLIPS: Any other questions? None. Move favorable on Mr. Williams?
SENATOR WILSON: Move favorable.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you. At-Large, Seat 12, Walter L. Salters, the incumbent. And you know of Mr. Salters death. What is the pleasure of the committee in re-opening the filing on 3/8, excuse me, 3/9 will be the deadline to file. The intent to run for Seat 12 and screening will be held at 9:30 on a Thursday morning 3/23 of March. 3/9 will be the deadline to receive applicants and 3/23 on Thursday morning at -- let's put 9:15, that will give us plenty of time. Is that time all right? On a Thursday, 3/23 of March. Do I hear a motion to declare the seat vacant?
SENATOR WILSON: So moved.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you. Now, we have declared the seat At-Large, Number 12, the Walter L. Salters' seat vacated and we will be re-opening the screening for that position. Let's move on to the University of South Carolina. I know they've been waiting a long time. And we want to get through just as fast as possible because some of our committee members have other commitments and need to leave here pretty quick, so let's move onto the Eight Judicial Seats. 2nd Circuit, Miles Loadholt of Barnwell. Mr. Loadholt, please raise your right hand.
MILES LOADHOLT, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. LOADHOLT: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. LOADHOLT: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. LOADHOLT: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. LOADHOLT: No, sir.
CHAIRMAN PHILLIPS: You may proceed, sir.
MR. LOADHOLT: I graduated from the University of South Carolina School of Business in 1965 and the University of South Carolina Law School in 1968. And since that time, I have been a resident of Barnwell, South Carolina. I am a practicing attorney from there. Prior ... I have always supported the University of South Carolina. I have served on the alumni council. I have served on the Executive Committee of the Gamecock Club, Board of Directors of the Gamecock Club, and for approximately 25 years I served on the Western Carolina Higher Education Commission. And approximately 20 of those years I was vice chairman. I've always supported the University financially. I've been a member of the Gamecock Club ever since graduation. I've established scholarships at USC Soccahatchie and Allendale and Walterboro, also USC Aiken. And also have funded an endowment for the University of South Carolina Law School. I was fortunate enough to be elected to the Board of Trustees some four years ago. And since that time I have served on various committees. The ad hoc committee on advancement which is primarily a fund raising committee. The Academic Affairs Committee. Served as chairman of the Student Trustee Liaison Committee. Served on the Collegiate Committee, and presently serve as chairman of the Building and Grounds Committee. I would certainly consider it an honor to be able to serve, to be re-elected and serve an additional four years. And I have certainly had good attendance at all of the Board and committee meetings and assure you that if I am re-elected I will serve with the same dedication that I have for the last four years.
CHAIRMAN PHILLIPS: Any questions of Mr. Loadholt? Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Loadholt, you chair Buildings -- is it called Buildings and Grounds, Buildings and ...
MR. LOADHOLT: Yes, I've only been chairman for several months. Three or four months.
REPRESENTATIVE GAMBLE: And so all facilities projects, facility projects come through that committee?
MR. LOADHOLT: Yes, ma'am.
REPRESENTATIVE GAMBLE: Last week we spent an awful lot of time in here talking about deferred maintenance. We've talked about it just briefly today. That's something that's a real concern of mine as I see more and more, not just colleges but state agencies in general, coming in and they need more money for new construction, yet they have tremendous outstanding deferred maintenance needs. I've been told that USC now for new buildings that they're bringing on line that they are putting aside funds to be able to meet those deferred maintenance needs as they arise with new buildings. But as you know, there are tremendous outstanding deferred maintenance needs over there. One thing that really concerns me with that is I see space over there being allocated to programs that I'm not real sure I can tie to the University. For instance, the english program for internationals is occupying at least a couple floors in the Burns building which also houses the graduate school, and those students are not even students at USC. It's my understanding they're also staying in dormitory space at USC. These are foreigners that come into our country to learn english so they then can enroll in a college. And some of them do subsequently come to USC but many of them go to colleges in other parts of the country. With such outstanding deferred maintenance needs, how can we allocate such prime space for something that's really not related to USC providing an education?
MR. LOADHOLT: I am not very familiar with that program, and I did not understand that it was not related to USC at all.
REPRESENTATIVE GAMBLE: Well, they're not USC students. They're not USC students. They're actually in the country learning the english language so they can subsequently at some point and time become US -- well, not just USC students but subsequently enroll in a college anywhere in the country. But they don't have the english skills and so they're coming in and they're going through this program. They're getting free room, so-to-speak, in terms of their getting office space and we have such outstanding deferred maintenance needs over there. I mean you just say you're not aware of it? That was ...
MR. LOADHOLT: I'm not aware that they are not -- that they are staying in dormitory space for free or anything of that nature.
REPRESENTATIVE GAMBLE: Not for free but they're staying in dormitory space and they're not our students.
MR. LOADHOLT: I am not that familiar with that program and I can't give you a definite answer on it but I'd be most happy to look into it for you.
REPRESENTATIVE GAMBLE: Okay. I mean I just see such outstanding deferred maintenance needs over there and so it puzzles me that we can take in off the street. You know, and I don't doubt that the program has some benefit but I'm not so sure it's beneficial for the taxpayers of South Carolina.
MR. LOADHOLT: It may not. I will just have to look into that. And how the space is allocated, I don't know. But I will assure you that all new buildings the deferred maintenance is being set aside on those for anything being constructed now.
CHAIRMAN PHILLIPS: Senator Giese.
SENATOR GIESE: Mr. Chairman, this would really be addressed to the whole group here. Of course you all are going to be re-elected. You're all very fine people. And you're all incumbents. I understand -- and I'd like to be corrected if I'm wrong -- that you already charge in your tuition a certain amount of money that is put aside for deferred maintenance as part of the tuition of the students. The last I heard was $125.00 a semester per student. That could be incorrect information. I haven't pursued that because -- just as mentioned by Dr. Gamble, deferred maintenance could take $100,000,000.00 out of the budget very easily. So I'd like to know if students are already being charged the deferred maintenance, and if all that money is being charged, is it being spent for deferred maintenance or does it perhaps go for something else? The second thing, I retired from the University in '84 but I've maintained a very active interest. I'm probably on campus four or five times a week, run a $1,000,000.00 program during the summer feeding youngsters in 16 counties out at the University, so I keep in contact with the faculty quite closely. And one of the things that comes up very frequently in the discussions in the locker room or other places is the lack of the ability to get leadership in some of the departments in some of the colleges. For instance, one of the things that every one of us here is tremendously interested in is education, in turning on our teachers, because of the shortage and so on. You'd be surprised to know that over a five year period the whole state has turned five or six physics teachers. The whole state has turned it out. Yet the University of South Carolina, I think is three years, has been without leadership in that particular department as a full time Dean or a Dean has been not been hired. There's been several searches and the Deans just -- they just don't seem to come up with a permanent Dean. Well, the college of education needs a Dean. Engineering, you've had. But tell me, does the Board in any way ever interact or is that beyond the providence of their responsibility to insist that the leadership at key colleges like education is built?
MR. LOADHOLT: Well, to answer your question, I'll assure you that the Board does. We had quite a session on it on Saturday morning. Just last Saturday morning as far as the vacancy in the College of Business Administration. Now, we have to trust this to the administration to find the appropriate Dean. But I'll assure you, a lot of us on the Board -- the entire Board is very concerned that we have not had a Dean in the College of Education for several years, in the business school and the engineering school. But I will assure you that the search committees and their searches is being conducted and everybody on the Board, just not me, everyone on the board is very concerned about that problem.
SENATOR WILSON: Mr. Chairman?
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: I think it's remarkable that one of the highest honors in South Carolina and also one of the hardest jobs in South Carolina is to be a member of the USC Board of Trustees. And it's very impressive today to note that none of the eight candidates are opposed and it's eight incumbents running. I think that is a tribute to your service and I'm particularly familiar with your hard work and your wife Anne's hard work to serve our state. And I appreciate it very much. And I just want to thank you for what you do to make this a better South Carolina.
MR. LOADHOLT: Thank you, Senator. I appreciate that.
CHAIRMAN PHILLIPS: Any other questions? Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Chairman, I'll elaborate now a little about what Senator Giese brought up. It's my understanding that the money that comes out of tuition is set aside for debt service and not really for deferred maintenance. And I think there is some fine distinction there. But if there is a certain amount that is actually going into retired debt services opposed to being used to do deferred maintenance and I don't know whether that's accurate but I think I've been told that. But along the same lines as Senator Giese, I mean I can't emphasize how important I think it is that all of these colleges have a permanent Dean and I'm looking at what I pulled off the web just last night from the provost home page. The best I can determine there are 12 colleges over there that grant undergraduate degrees and six of them right now don't have a permanent Dean. Applied Profession, the School, the Business, the School of Education, Engineering, Journalism, and the School of Music. Six of the 12 that actually grant baccalaureate degrees. I think we have a fine, fine, institution over there. I mean we have a business program that has international recognition. The MIBS program. And so I think it's very puzzling both for faculty within the University as well as the community to understand why we can't keep Deans. Why we can't select a Dean and have some continuity. I mean we just seem to -- and this is not -- I don't think this is unique to this time. I think that it's been a continuing process that just happens to be these specific six colleges right now. But I think that -- I mean I think -- and I don't what the solution is. I mean I just am concerned and want to know that the Board is concerned as well that there be some continuity in these colleges. And that we have top leadership over there at the helm at each one of these. And teacher education is something that I think I heard Senator Setzler make reference to that will actually end up in performance-based funding for higher education institutions because it's going to become a responsibility of an entire institution not just a College of Education because we are at such a critical stage in that whole process.
MR. LOADHOLT: Well, I, we're certainly -- the Board, I will assure you, is aware of this situation. And we're doing everything we can to see that it is -- that we get a solution and get permanent Deans in here for all of these colleges.
CHAIRMAN PHILLIPS: Any other questions? Mr. Loadholt, expanding on what Dr. Gamble said about the School of International -- I hope you better luck than I have. I've asked for the last two years to just tell me who's running the program, where the money is going. I can't get any information and I've asked your assistants on the floor of the house to look and give me that. We don't get even get a return call. We get a phone -- we meet them in the hall, "I'm still searching." I don't know who and what and who is the head of this program, where the money is going. We got a name. We've called him but we were never given a return call from who is supposed to be handling it. It's my understanding this was handled at Columbia College or at one of those institutions and moved over there because you all had some extra space. Would you give me the courtesy of when you find out -- I hate to overload you but this is a problem -- and if you would, would you give me that information when you find it?
MR. LOADHOLT: Yes, sir. And just to be specific, you want to know on the International programs?
CHAIRMAN PHILLIPS: Yes, sir. Where the money is coming from or who gets the money and how much you all charge them to stay.
MR. LOADHOLT: Yes, sir, I will see that that information gets to you shortly.
CHAIRMAN PHILLIPS: Thank you, sir. What is the pleasure of the committee on Mr. Loadholt?
SENATOR WILSON: Move favorable.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: Second and a motion. And all in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. And you are qualified Mr. Loadholt. You may stay or go, whatever. 4th Circuit, DuPre Miller from Bennettsville. Mr. Miller.
MR. MILLER: Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: You're already up and ready to go. Thank you, sir. Raise your right hand, sir.
J. DUPRE MILLER, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. MILLER: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MILLER: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MILLER: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. MILLER: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. MILLER: Thank you, sir. Mr. Foreman, ladies and gentlemen. You have my statement. My name is DuPre Miller. I am married. My wife was a Winthrop graduate. She was in education for 30 years until she retired last year. I have three children, all of which are girls, two of which are in education at the present time. I am an attorney. I was in the service of the Armed Forces from 1954 to 1956, having served one year in Korea. As I say, I'm attorney, I'm trying to retire but the leaving is rather difficult to do after having practiced law for 40 some odd years. I've been on the Board, this is my eighth year. The Executive Committee appoints every member to three outstanding committees. I have served on five of these committees. Am presently serving on three. I have chaired two of them. I am presently chairman of the committee at the Medical School. And also am serving on the ad hoc committee for advancement. I'll try to answer any questions that you may have for me.
SENATOR WILSON: Does any member of the committee have a question? Hearing none, is there a motion?
REPRESENTATIVE INABINETT: So moved.
SENATOR WILSON: Is there a second?
REPRESENTATIVE GAMBLE: Second.
SENATOR WILSON: Any discussion? Hearing none. All in favor signify by saying aye.
(All in Favor)
SENATOR WILSON: Opposed no? Thank you very much for coming.
MR. MILLER: Thank you. Thank you, sir. Thank you.
SENATOR WILSON: The 6th Circuit, James Bradley. And Mr. Bradley I am sitting in as the Chairman has departed just for a moment. Please raise your right hand.
JAMES BRADLEY, being duly sworn, testifies as follows:
SENATOR WILSON: Thank you. 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?
MR. BRADLEY: No, sir.
SENATOR WILSON: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. BRADLEY: Yes, sir.
SENATOR WILSON: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. BRADLEY: No, sir.
SENATOR WILSON: 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?
MR. BRADLEY: No, sir.
SENATOR WILSON: Any questions from any member?
REPRESENTATIVE GAMBLE: I have a question.
SENATOR WILSON: Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Bradley, if my memory serves me correctly, I think you've been on the Board quite a while. There was much, much controversy many years ago regarding foundation records and which records should be made public, and ultimately I think the Court's ruled that the foundation records over there should be made public. Are all foundation records at the University public today?
MR. BRADLEY: So far as I know they are, Dr. Gamble, yes.
REPRESENTATIVE GAMBLE: So they are available and accessible by the public?
MR. BRADLEY: Yes. Yes.
REPRESENTATIVE GAMBLE: Can you tell me how many people at the University might be getting supplements from foundations?
MR. BRADLEY: I can tell you with respect to the Business Partnership Foundation that I've had connection with. There are a number of faculty members there that have been awarded teaching supplements. For some years now, in an effort to hold them there. They're top ranking faculty people and it became necessary really to find salary supplements to hold them. And I believe that number now is somewhere in the range of 12 to 15 faculty members in the business school.
REPRESENTATIVE GAMBLE: So they're all in the business school?
MR. BRADLEY: Well, the ones that I'm familiar with are. I'm not familiar with the other foundations so far as their supplements may be.
REPRESENTATIVE GAMBLE: Thank you.
SENATOR WILSON: Any further questions? One of the wonderful facts about South Carolina is that you don't have to live very far to find out that you know family members, you know dear friends. I was so pleased to obviously know who you are and we appreciate your service at Springs Industries and also to the University. And I also want to commend you on raising a wonderful family, in that your grandson, Ward, is one of the attorneys in our law firm and you've done a terrific job on getting him properly educated. And so it's grand to see you here today. At this time, is there a motion of favorable?
REPRESENTATIVE GAMBLE: So moved.
SENATOR WILSON: Dr. Gamble, second.
CHAIRMAN PHILLIPS: Second.
SENATOR WILSON: Any discussion? Hearing none. All in favor please signify by saying aye.
(All in Favor)
MR. BRADLEY: Thank you very much.
CHAIRMAN PHILLIPS: Mr. Herbert Adams, 8th Congressional.
MR. ADAMS: 8th.
REPRESENTATIVE GAMBLE: It's a Judicial Circuit?
CHAIRMAN PHILLIPS: Yes. Judicial. Mr. Adams, please raise your right hand.
HERBERT C. ADAMS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. ADAMS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. ADAMS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. ADAMS: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. ADAMS: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. ADAMS: Mr. Chairman, I have been a member of the Board of Trustees since 1984. I have served as members of the fiscal policy, the Academic Affairs, the Building and Grounds. I have also served and I am serving on all of those at this time. I've served in the past on the Student Trustee Liaison Executive Committee of the Inner Collegiate Activities Committee, The Presidential Search Committee when we brought Dr. Palms here and also the Chancellor of Search Committee for Dr. Stockwell at USC Spartanburg. I've appreciated the opportunity to serve the University. I graduated in 1964. I've had three daughters to graduate from the University. All of them have, thank goodness, have picked up on our love and spread it on to my grandchildren. So I count on not only being, having been a part of the University but continuing being a part in the future and I appreciate the opportunity to serve on the Board of Trustees.
CHAIRMAN PHILLIPS: Any questions? Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Adams, the big subject of conversation over at the Legislature from time to time and really quite regularly is carry forth funds that an institution has. As you know, the law allows institutions to carry forth -- as well as other state agencies, not just higher ed institutions -- I think it's five percent of their budget. And then we have departmental funds which are totally different from that appropriated money. Do you have any idea how much the University has in hand in departmental funds?
MR. ADAMS: In departmental funds?
REPRESENTATIVE GAMBLE: In departmental funds. E funds. In other words, not appropriated money but money that they have in departmental funds and not appropriated?
MR. ADAMS: I know that as far as appropriated funds we have about 38 percent of our budget as appropriated funds. Now the balance of our funds to fund the University's budget comes from about five or six areas. Some of those are generated of course by federal grants. Others are appropriated by tuition and fees. And then we have funds that are generated by auxiliary enterprises. Now, it's been my understanding that certainly we have the auxiliary enterprises that develop funds that have been carried forward. Earlier, if you remember, when you were screening the trustee candidate for South Carolina State just last year we had funds available in our auxiliary enterprises which were committed for future projects. But at that point were available, we basically, I guess you would say, laoned to the Budget and Control Board and then loaned to South Carolina State. Those funds run into the millions. We do have I would almost say commitments for all of those funds as we have built into future budgets. But as to ...
REPRESENTATIVE GAMBLE: But all that is an A accounts, I'm really concerned about E accounts.
MR. ADAMS: E accounts. These were E account funds. The ones we're talking about.
REPRESENTATIVE GAMBLE: The auxiliary funds are E account funds?
MR. ADAMS: Yes, ma'am. The E account funds. That which we have available were E account funds.
REPRESENTATIVE GAMBLE: And are they at department level or are we talking about college ...
MR. ADAMS: They are held in different levels. Some of them are departmental levels but primarily yes they are dispersed throughout the University. And to give you a total figure, I could not begin to give you that total figure. But we do review every year. As a matter of fact, we review on a quarterly basis -- and Mr. McLellan is now chairman of the fiscal policy and he could speak more to this -- but we review each of these accounts on a annual basis. And many times more often than that.
REPRESENTATIVE GAMBLE: One other subject that I hear a lot about over here is the number of students who are actually out of state students but they are moved into in-state status because they've been awarded a scholarship. And in conversations with the commission on higher education and I think based on conversations they've even had with the Attorney General's office because the statute that allows a college to do that really never specified a threshold that those scholarships must be before they could move them into that in-state status. And so it's my understanding that they have used a figure of $250.00. That seems to be awful low, you know, they said that the scholarships should mean something. At least that was what came in the tuition information that I got from the commission. But when you look at what they actually would have been paying as an out-of-state student, that really is not a meaningful amount. Are you comfortable with that? I mean giving someone from out of state a $250.00 scholarship. I mean it would just seem to me that if they were such great students they would be worthy of more than a $250.00 scholarship. $250.00 is a small amount of scholarship to give someone the status of being an in-state resident and have the state pick up that subsidy that we send over on the in-state students.
MR. ADAMS: Okay, I believe that's $500.00. I'm ...
REPRESENTATIVE GAMBLE: Well, I just got a fax from the commission just Friday.
MR. ADAMS: ... thinking that it may be 250 a semester ...
REPRESENTATIVE GAMBLE: Right, 250 a term, right.
MR. ADAMS: ... on the basis of $500.00.
REPRESENTATIVE GAMBLE: Yes.
MR. ADAMS: However, the only scholarship that I'm aware of. I'm aware of. Okay? That would be that small, is our legacy scholarship which is offered to those students who have 1100 SATs. Whose mother or father graduated from the University of South Carolina and have since moved out of state and have still remained -- I believe remained members of the Alumni Association. I think that's the second item. They do have to contribute and remain ...
REPRESENTATIVE GAMBLE: So is that pretty much a given, that if you qualify you are granted the scholarship, or are there a limited number of them?
MR. ADAMS: There are limits. Well, lets say this. Those scholarships are provided through the Alumni Association. Through the contributions from the Alumni Association.
REPRESENTATIVE GAMBLE: Is it contributions from out of state alumni or are the instate alumni ...
MR. ADAMS: The contributions from the general Alumni Association. All of us who belong to the Alumni Association and make our annual contributions develop funds to offer scholarships. And those funds are offered in two ways. One is the legacy scholarship which you're talking about and then we offer the alumni scholarship which is much larger than that. It probably runs somewhere in the neighborhood of around $4,000.00, approximately. But what it takes I believe to be eligible for what we call reduced out of state tuition is $500.00 a year. And I believe that that's a figure that's determined across the state.
REPRESENTATIVE GAMBLE: Oh, it is.
MR. ADAMS: Through the Commission on Higher Education.
REPRESENTATIVE GAMBLE: It's in the commission. I mean the commission gave me that figure of 250 a term.
MR. ADAMS: I don't think we determine that at the University.
REPRESENTATIVE GAMBLE: No, you didn't. Those alumni scholarships, are they available for people from out of state or just South Carolina residents?
MR. ADAMS: The alumni scholarships are primarily in-state except there are some out of state alumni chapters that we do take some. But one -- now, wait, let me back up. The alumni scholarship of the $4000.00 level are primarily in-state. The legacy scholarship goes to those students whose mother or father graduated from the University of South Carolina and who qualified for that by way of their SAT score, their grades to get in.
REPRESENTATIVE GAMBLE: But you're comfortable in saying you think all those students who have those scholarships at least have an 1100 SAT and have the grades?
MR. ADAMS: Yes, they do. And if they don't maintain the grades they lose the scholarship.
REPRESENTATIVE GAMBLE: And they're pretty much given that minimum amount that moves them up?
MR. ADAMS: On the legacy end, that's how much is given.
REPRESENTATIVE GAMBLE: Graduate tuition, for years graduate tuition there was no differential between out of state and in-state students. And recently that changed such that out of state students now had the tuition rate but I haven't met an out of state graduate student yet. They seem to be able to get in-state status very easily. Do you have any idea if there are any in-state -- I mean any out of state graduate students over there? I mean because I think you can get ...
MR. ADAMS: I think there are those ...
REPRESENTATIVE GAMBLE: ... an assistantship and move into that.
MR. ADAMS: I do think that the status for an in-state or out of state student is determined at the Commission on Higher Education level and it's very strictly enforced. I can give you a great example. I have a young lady that just finished from Laurens High School four years ago, went to the tech school and worked part time for three years. She's never been out of state. Her mother died. Her dad, after her mother's death, moved out of state for two years and moved to Florida. She's never left the state. She's going to pay out of state tuition the first year because her dad claimed her on the taxes. So I know from personal experience that the University adheres very strictly to the law as far as their rate of classification of in-state and out of state students.
REPRESENTATIVE GAMBLE: Do you think it's good public policy? I mean do you think that policy is a good policy to have it so easy for students to be able to move from out of state to in-state status? And I ask that because, with such limited state resources, you know, every time we subsidize one of those out of state students, that's money that could have been available to give you for deferred maintenance or to give you for some other project.
MR. ADAMS: Well, you asked me an opinion about a decision that I have nothing to do with.
REPRESENTATIVE GAMBLE: But you're in a position -- I mean you're on a governing Board of one of the colleges and so I ask that because if we get ready to change policy up here a lot of times we hear from the colleges, they don't want it changed or they do want it changed. And so that's why I asked you that because I'm just trying to get a feel ...
MR. ADAMS: Well, I ...
REPRESENTATIVE GAMBLE: ... for what ...
MR. ADAMS: I do know that we do have some out of state graduate students. I know at the law school. And you're right. I think it's a case of being here for a year, establishing your voting criteria, your driver's license, and filing your income tax. I believe that's pretty much ...
REPRESENTATIVE GAMBLE: Or getting an assistantship and doing none of those things.
MR. ADAMS: Well, you have to have worked for a full year at a full time job is the experience that I've had in the past with some students. I have found, Representative Gamble, that there are many times that I have been approached by students in my district who have been classified as out of state. That they've had to jump through so many hoops. And then when you looked at their history you'd scratch your head and say "Why?" A student who goes to undergraduate school at Florida State University pays out of state tuition the entire time she's there, but happens to register for a presidential election because she was encouraged to register while there and that caused her to come back and she was -- came back for graduate school, she spent an entire year paying out of state tuition until had proven that she had been here and had worked 40 or 30 something hours a week as a full time taxpayer. Yet she had never basically received, you know, in-state tuition. So I guess I hear from it from the other end. I hear from it from those that are having to pay out of state tuition when it looks like, in a good common sense way, they shouldn't.
CHAIRMAN PHILLIPS: Representative Inabinett.
REPRESENTATIVE INABINETT: Yes, my question may not be related to your responsibilities as a Board member but I convened a meeting and pulled together individuals with Willie Nelson's stamp out of Boston and individuals here and at the University a few years ago and I'm on the record as being or having been the official fundraiser for the Farm Aid concert that was held here. There is some dialogue taking place now with reference to another concert. Do you in your opinion feel that the Board might welcome such sometime in the near future?
MR. ADAMS: Yes, sir. We changed the policy of the use of the stadium some -- I'm trying to think how many years ago, but it's been five, six, seven, maybe longer than that, years ago, to where the stadium could be used for such events as this. And we would welcome that, I feel sure. We've done it in the past and I see no reason not to do it in the future.
REPRESENTATIVE INABINETT: Thank you, sir.
CHAIRMAN PHILLIPS: Any other questions of Mr. Adams? What is the pleasure of the committee on Mr. Adams?
SENATOR WILSON: Move favorable.
REPRESENTATIVE GAMBLE: Second.
CHAIRMAN PHILLIPS: We have a motion and a second. All in favor signify by saying aye.
(All in Favor)
MR. ADAMS: Thank you.
CHAIRMAN PHILLIPS: Thank you, Mr. Adams. From the 10th Circuit, Robert N. McLellan from Seneca. Oh, I've been waiting on this one.
ROBERT N. MCLELLAN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. MCLELLAN: I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MCLELLAN: I am.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MCLELLAN: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. MCLELLAN: I do not.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. MCLELLAN: Thank you, Mr. Chairman and Members of the Committee. I am finishing my fourth year as a member of the Board of Trustees at the University of South Carolina. And I'm looking forward to continued service. I believe my prior experience on the General Assembly which was 14 years and as an agency head for two years, has served me well on the USC Board. I bring an understanding of the political process of working for the General Assembly. I presently served as chairman of the Fiscal Policy Committee and I'm a member of the Academic Affairs Committee. The university continues to grow both in numbers of students and in the quality of the academic programs. As we strive to become a member of the prestigious American Association of Universities we will be celebrating our bicentennial in 2001, and I look forward to being part of that historical event.
CHAIRMAN PHILLIPS: Any questions of Mr. McLellan?
REPRESENTATIVE GAMBLE: Mr. Chairman?
REPRESENTATIVE GAMBLE: Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. McLellan, you're now chairman of the Fiscal Policy, is that right?
MR. MCLELLAN: Yes, ma'am.
REPRESENTATIVE GAMBLE: I have a question out of interest because I've had a lot of people ask me this question and I'm very curious to know. There seems to be a practice right now where certain faculty members are being offered retirement agreements, some of them very, very lucrative to retire. And it doesn't seem to be related to anything that I can put my finger on in terms, I've seen some very productive people being offered these agreements and I've seen some people who aren't very productive being offered these agreements. Nothing seems to circulate in writing on how you get one of these agreements. And the terms seem to vary from person to person. You would just be sitting in a faculty meeting and they will announce well, so and so is going to be retiring next year and they have an agreement. And they might be going to work three more years and get 20 or 30 percent a year for the next three years and they may be going to get 50 percent lump sum at the end of the retirement. Can you shed any light on how one gets a retirement agreement and how that's determined and are there policies on that? I mean I know there's a statute that allows that to happen but are there policies or is there any consistency on how those are done or is it just left up to whoever is dealing with it?
MR. MCLELLAN: I don't think there is any consistency, to be honest with you, because I've had some concern about that just recently on a particular one. And my inquiries have said that it varies from department to department. But as they qualify for retirement and they request it, then in some cases it's granted. But I don't think it's consistent from one department to another.
REPRESENTATIVE GAMBLE: But do you not think it would be good policy to have this in writing so that ...
MR. MCLELLAN: I do.
REPRESENTATIVE GAMBLE: ... there'll be some understanding as to who qualifies and who doesn't qualify and that there's -- like I said, I've seen some people get them and I think it was an act of favoritism and I've seen other people get them and I think it was an act of wanting them out of the door. It just ...
MR. MCLELLAN: I do think it would be a good policy to have a policy. And it's ironic that you bring it up because I've made inquiries about it in the last two weeks.
REPRESENTATIVE GAMBLE: Well, it seemed, I mean, like I said, other than the College of Education there are -- I won't say a number of people -- but there are more than a few people who have retirement agreements. But like I said, you can't get any information other than to know they got one and it was a good one.
MR. MCLELLAN: Yes, ma'am. I hear what you're saying.
REPRESENTATIVE GAMBLE: Can you see the Board addressing that at any point and time?
MR. MCLELLAN: I do. Particularly our committee. And we have addressed it on I mean a specific case, which in doing that uncovered the situation that you refer to, the inconsistency from one department to the other. And our committee plans to discuss this with the full Board at a certain time.
REPRESENTATIVE GAMBLE: Thank you.
CHAIRMAN PHILLIPS: Any other committee members ...
SENATOR WILSON: Move favorable.
CHAIRMAN PHILLIPS: And the motion has been made. It there a second.
REPRESENTATIVE GAMBLE: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye.
(All in Favor)
MR. MCLELLAN: Thank you.
CHAIRMAN PHILLIPS: Thank you. Mr. McLellan, you are now qualified. Thank you, sir. 14th Circuit and that seat is held by the incumbent Helen C. Harvey of Beaufort. H. Tim Purist of Beaufort had filed but withdrew when he found out Ms. Harvey was a candidate, and so now we have Ms. Helen C. Harvey as an incumbent without opposition. Ms. Harvey, would you raise your right hand for me?
HELEN C. HARVEY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MS. HARVEY: I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. HARVEY: I am.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. HARVEY: I do not.
CHAIRMAN PHILLIPS: 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?
MS. HARVEY: No, sir.
CHAIRMAN PHILLIPS: You may proceed.
MS. HARVEY: Thank you. It's been my privilege to serve on the Board of Trustees for about eight years now. And I want to thank the legislature for the confidence that they have given me in electing me to this position and from the 14th Judicial Circuit. It is a privilege and also it is a tremendous responsibility. The university, as you know, is many faceted and touches every single person in this state in some way, shape or form. And it is a really important, I feel, a tremendous responsibility for being sure that all the people in the state, all of our young people, have access to quality higher education. I think that is my main passion. During my tenure the Board has worked with many people to enhance the reputation of the university and to improve the quality of life in our state. It is our goal to become a member of the AAU which is the Association of Universities and we do not have any -- we are the only state in the southeast that does not have an AAU university. And our University is the only institution in this state that has the ability to become that in any length of time. And as you know that's been talked about a great deal. And we feel that just having the goal has made us a very much better institution. Whether or not we get it in the next year or two but we will continue to strive until we are invited to that. And it does take a great deal of effort on everyone's part, the Legislature's part, the commission's part ... the trustees had ever seen the University in having the money to spend and how our programs are brought to fruition in that the students in the University. I have been associated with the University in many different ways. I've graduated from here. I have -- my husband did. My - I've been director and president of the Alumni Association. I've been a chairman of the Higher Education Commission in Beaufort County. I have served on both of the educational and development foundation boards at various times. And I just love the University. I think that we are probably on the brink of being one of the best Universities. The best that the University has give in a long time. We have strived -- particularly striving to get academic excellence. And I feel like I have been a part of a great team. This school works beautifully together. They have -- I've never seen, although I've heard other people say they've never seen a group of people that work any harder. We do come to Columbia a lot. We sit through many, many meetings. And I don't think there's a facet of the University that we do not discuss at some time. I feel like my background in teaching and in real estate has given me -- and particularly as a political wife -- has given me a lot of insight and ability to help make decisions at the trustee level. We have five children and now have 22 grandchildren so I'm really interested in education at all levels, and have been for a long time. And I would appreciate being allowed to serve again on this fine Board that we serve on.
CHAIRMAN PHILLIPS: Thank you, Ms. Harvey.
MS. HARVEY: Thank you.
SENATOR WILSON: Mr. Chairman?
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: I note in the statement that you provide to us that you identify yourself as a political wife and I consider that one of the highest honors you can have. But I also really think that you and Brantley are a political team of public service to our state. So we are very much appreciate what both of you have done for South Carolina together. Also, I'm excited about the expansion of USCB. The new campus. We're already very appreciative of the quality of life in Beaufort County. All of it -- above the broad and below the broad. And so I'm just delighted to see that campus coming on line and it's going to mean so much to South Carolina.
MS. HARVEY: Well, we certainly appreciate all the support we've gotten for that campus. We have a mission to fill in that area to bring programs back to the most under served area in the state which I'm sure you've heard often throughout the legislative process.
CHAIRMAN PHILLIPS: Dr. Gamble.
REPRESENTATIVE GAMBLE: Ms. Harvey, as chair of Fiscal, not -- excuse me, you're a chair of Academic Affairs. You mentioned the University's goal of AAU status which I think would be wonderful. I'm not real sure with our high number of vacancies in our Dean positions that we are positioning ourselves to be seriously considered but there seems to be a lot of scuttlebutt on campus that the reason we have all of these Dean vacancies is that we will only accept a Dean candidate who is coming from an AAU institution. Do you know if there is any truth to that? I mean that would be wonderful to have one, but I would think the reality is that you're not going to leave an AAU institution to go to an institution that it does not have AAU status?
MS. HARVEY: Well, I know that the search committee has talked to the provost and the president who are really in charge of the Dean searches. They're the ones who, you know, have the final decision. And they've brought -- they have attempted to bring many candidates who were part of an AAU institution. I don't think that that -- it has not been limited to that at all. They have had -- they are very frustrated about particularly education. Well, all of the Dean searches that they're looking at, but particularly the School of Education as you mentioned earlier which is so important at this point. I will say this, that they have appointed extremely fine Interim Deans. And some of those Deans are not -- do not want to be a permanent Dean even though they could be. There are just various reasons, as we talk about it at the Board of Trustees, that we are given various reasons for them being turned down or someone saying they were going to come and then decided not to. And some of it is finances, you know, and you were asking I believe one of the other candidates about the supplements. We use the supplements from foundation supplements to do that. To draw the Deans and to put together a package that would bring them here. And I do know that they are working very hard. And I think because we've said so much about AAU they may -- the perception may be that we're only looking at AAU. We would be very thankful if we could get some people from AAU but it's not limited to that I'm sure.
REPRESENTATIVE GAMBLE: We have a situation over at the College of Engineering as you well know with an acting Dean. How long will we stay in that status as opposed to moving to the status of actually seeking a Dean. I mean, I understand what's going on with former Dean Rogers but ...
MS. HARVEY: Right.
REPRESENTATIVE GAMBLE: ... is the University holding that position for him, I mean to resume one day as Dean, or why was there an acting Dean named there as opposed to an interim with a search put in place?
MS. HARVEY: I'm sorry but I don't really -- I don't know the situation there. I'm sure we discussed it at some time but I'm not aware of it enough right now to answer your question. I do know that that is the only search that's on hold I believe. And I can certainly find out why.
REPRESENTATIVE GAMBLE: Thank you.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR WILSON: Move favorable.
CHAIRMAN PHILLIPS: Second?
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Ms. Harvey.
MS. HARVEY: Thank you. And we thank you for your support.
CHAIRMAN PHILLIPS: Well, let's see. 15th Circuit. Mr. M. Wayne Staton from Conway. And he's up.
M. WAYNE STATON, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. STATON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. STATON: I'm a graduate of the University of South Carolina. I'm a member of the Alumni Association and a member of the Gamecock Club. And I'm seeking to serve my second term as a member of the Board of Trustees at the University of South Carolina. I've been in the banking career since 1970. My wife is finishing her 31st year in public education. I have lived in Horry County since 1978 and I've lived in Conway since 1985. I'm a member of the Kingston Presbyterian Church and past elder. I served as a trustee for the Conway Hospital Foundation. I'm an active member of the Board of Directors of United Way and have been a supporter of the United Way since the early '70's. My interaction with the board the past four years have been very heavy on a local basis with the parents and the students in the local areas trying to be of assistance in any way I could to try to ensure that those students that wanted to attend the University or whatever the various programs were that I could assist in any way I could. I'd be glad to ask any questions. Answer any questions.
CHAIRMAN PHILLIPS: Dr. Gamble.
REPRESENTATIVE GAMBLE: Thank you. Mr. Staton, I ask you this question since you are from the coast. We spent a lot of time last week when we were screening candidates, as I said earlier, on deferred maintenance. But we also spent a lot of time talking about graduation rates at colleges. And also the Palmetto Fellows Program and the fact that the current statute requires that 18 percent of the Palmetto Fellows money be allocated to private institutions and 82 percent of it be designated for public institutions, and that percentage was based on the percentage of students who typically are enrolled in public versus private institutions in the state. We now have a new scholarship program that is even more lucrative than the Palmetto Fellows. And it is the Teacher Fellows program. And the Teacher Fellows Program will award students $6,000.00 a year as opposed to 5,000 that Palmetto Fellows get. In addition to that, the students are eligible for the $2,000.00 Life Scholarship so they can get $8,000.00 a year in scholarship funds. The catch in this is why I address this to somebody from the coast. Institutions were designated to be Teacher Fellow sites. Coastal, which I know you are from that area but you certainly are on the USC Board, Coastal was not chosen as a Teacher Fellow site in spite of them having an encade (ph) of accredited programs down there. Neither was Winthrop, neither was Clemson. USC was chosen. But the slots are delegated here as opposed to the percentage of funding. USC got 35 of the 200 scholarships. But 84 of those scholarships are going to private colleges. That concerns me a lot. The whole tracking mechanism of scholarship money really puzzles me because the whole purpose of both of those programs is to keep our best and brightest students in South Carolina, in particular teachers. I mean there's such a shortage of teachers and these teachers have to repay their loan through teaching service. The University always fights the Legislature in trying to move that tracking mechanism. Now, in my mind, the University is going to be penalized on this one for Teacher Fellows. Do you support tracking that money and allocating it, forcing the allocation of it to the 82 - 18 percent? And I ask that because I am very concerned. USC does have 35 of those 200 slots. But in my opinion, USC would get more than 35 of those students if the University weren't limited to just having 35 of those scholarship recipients. I'm concerned that next year we can get the -- and we most probably will get the top 35. I mean I think that the top 35 will choose USC because they have to choose one of those nine locations, and there are four public colleges and five private colleges on the list. But I'm concerned that we get the first 35 and then the best we can get after that is number 201. And I think we would get more than number 2- ... we'd get better than number 201. What is your whole take on that because we spent a lot of time last week talking about that forced allocation as far as the distribution is concerned? I mean do you think that's good public policy or do you think that the scholarship money should follow the student?
MR. STATON: Dr. Gamble, I must apologize. I'm not as up the information that you have brought before me as you are. It seems to me that it would be very important track if that's -- is that the word you were using, "track"?
REPRESENTATIVE GAMBLE: Well, I'm saying tracking because we basically make the money. We force the allocation to public colleges and private colleges.
MR. STATON: Right.
REPRESENTATIVE GAMBLE: And the same thing is true now with the Teacher Fellows Program, it actually is done on a specific scholarship as opposed to a percentage.
MR. STATON: Yes, ma'am.
REPRESENTATIVE GAMBLE: And 84 of those scholarships are going to go to private colleges and 116 are going to go to public colleges. You know, we're not in as bad a situation as Clemson and Winthrop are.
MR. STATON: Right.
REPRESENTATIVE GAMBLE: Clemson and Winthrop know that the best education student they're going to get next year is number 201.
MR. STATON: Well, from a very biased prejudiced standpoint, I would not see anything wrong with the University of South Carolina getting all 200 scholarships.
REPRESENTATIVE GAMBLE: Well, we don't get to choose that. But there again, if we let it go with the student, we may get all 200 of them.
MR. STATON: Right.
REPRESENTATIVE GAMBLE: But the current situation -- and this what is so troubling for me, and every year it seems like the problem is and why it becomes such an issue -- we force the distribution such that 82 percent goes to the public colleges, 18 percent of the Palmetto Fellows is going to the private colleges, and it never fails, we get constituents call us "My child has always wanted to go to Furman."
MR. STATON: Right.
REPRESENTATIVE GAMBLE: "My child has always wanted to go to Wofford." But my child -- there's not enough private school money and in reality, I don't think -- I mean it may take a few students from USC, or a few students from Clemson, or a few students from the College of Charleston. And quite frankly, those are the only institutions that are being impacted because that's where these students typically want to go. I mean, those seem to be the institutions of choice more so than the other colleges. And I look at the life scholarship distribution which follows the student as opposed to being tracked, and the Life Scholarship, only 22 percent of that is going to a private college. So when we turn it loose and we let the student choose, we're not losing that many. But I think it's going to be a hard argument to fight. And quite frankly, I'm going to try to fight it during the budget to take the cap off the Teacher Fellows because I don't like the fact that we're arbitrarily going to send 84 percent of these people into private colleges as opposed -- and in some instances to unaccredited programs. Some of those colleges don't even have accredited programs yet you've got Winthrop and you've got Coastal Carolina. And you've got Clemson that all have accredited programs but their proposals weren't as good ...
MR. STATON: Right.
REPRESENTATIVE GAMBLE: ... as the rest of the proposals. That they didn't judge the programs, they judged the proposals.
MR. STATON: And again, I'm not as familiar with what you're talking about but if that was the criteria that we could have only judged the proposals and those proposals were the best, then I would -- I can't argue with the outcome.
REPRESENTATIVE GAMBLE: Well, there was a lot wrong with -- if you ask me the proposal guidelines were sitting on people's desks when they came back after Christmas holidays and they were due in five days.
MR. STATON: I see.
REPRESENTATIVE GAMBLE: And a lot of faculty were not on campus and so in defense of those who did not win Teacher Fellow sites, you know, they most probably didn't have the faculty resources to put the proposals together.
MR. STATON: Could be.
CHAIRMAN PHILLIPS: Any other committee members? Thank you, sir. You may stay. What is the pleasure of the committee?
SENATOR WILSON: Move favorable.
REPRESENTATIVE INABINETT: Second.
MR. STATON: Thank you.
CHAIRMAN PHILLIPS: And all in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. 16th Circuit, Sam R. Foster, II from Rock Hill.
SAM R. FOSTER, II, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. FOSTER: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. FOSTER: Yes.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. FOSTER: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. FOSTER: No, sir.
CHAIRMAN PHILLIPS: You may proceed.
MR. FOSTER: Mr. Chairman and Members of the Committee it has been my privilege to serve on the Board of Trustees for this is now my fourth term. I am from Rock Hill, South Carolina. Born in Chester. Grew up in York County. I am married for 15 years. Two boys, 11 and 7. And graduated from the public school system in Rock Hill, South Carolina. I'm a graduate of the University in 1980. And have enjoyed my tenure on the Board. The Legislature at the time I was elected took tremendous confidence to elect me as the youngest person ever elected to this board and I have had a tremendous experience sharing with as a chair of the Student Trustee Liaison Committee in the early part of my tenure what it means to have been a student and then to serve on the Board of Trustees. I currently serve on the Executive Committee, Medical Affairs Committee, and the Student Trustee Liaison Committee. I've also served on the Fiscal Policy Committee. And I'd be glad to take any questions at this time.
CHAIRMAN PHILLIPS: Any questions? Well, Sam had to run and go. He was one of my pages.
MR. FOSTER: That's correct.
SENATOR WILSON: He's been well trained.
CHAIRMAN PHILLIPS: Yes, that's right.
SENATOR WILSON: Move favorable.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: Yes. All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Sam, thank you, sir. We'll go to Wil Lou Gray Opportunity School. This is the last one. At-Large Four Seats and eight people. So number one, the first person will be Bryan England of Murrells Inlet.
SENATOR WILSON: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes.
SENATOR WILSON: As Mr. England is coming forward I'd like to acknowledge that Pat Smith the Executive Director of Wil Lou Gray Opportunity School is here, and we appreciate him being here. He wears multiple hats also in the community that I live in of Springdale, he is our mayor, and so he somehow is able to do everything mainly because he married so well. His wife Rosalee is just a wonderful person. His mom is a great person. And so Mayor, we appreciate you being here today.
MAYOR PAT SMITH: Thank you, sir.
CHAIRMAN PHILLIPS: He has had a job. Mr. England, go ahead, sir.
BRYAN ENGLAND, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. ENGLAND: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. ENGLAND: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. ENGLAND: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. ENGLAND: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. ENGLAND: I'm a lifelong resident of the State of South Carolina. For the past 28 years I've worked with the State Technical Education system. And that really is one of the reasons I'm interested in this position. I understand the unique role that Wil Lou Gray plays as giving the youth in this state a second chance to restructure their lives. And I think that's a wonderful thing that we can do that. Working in the State Tech system for 28 years as I stated, I realize fully that this state has a real challenge in getting a trained work force to meet its needs, whether it's in industry or business, and I meet and I hear about that everyday. And that is one thing that I hope that I can bring to Wil Lou Gray would be my experience in working with it and/or with training and hopefully emphasize that with the young people that they bring to the campus. I have two children. One who is an honor student at the College of Charleston, and a daughter who is a junior in high school. My father was a probation officer. I've worked at a Children's Home, so I know a little bit about campus life. I would welcome to answer any questions you may have at this time.
CHAIRMAN PHILLIPS: Do you have any questions of Bryan? None. Thank you, sir. Yes, did you have one?
SENATOR WILSON: No.
CHAIRMAN PHILLIPS: Okay, Samuel Goodwater, Jr. from Beaufort. Samuel Goodwater, Jr. from Beaufort. Does anybody know Mr. Goodwater? Has he been here? Has he gone to put any money in the meter? Have you seen him? Does anybody know him? We'll call again at the end. He may have stepped out and I'm not familiar with Mr. Goodwater. We'll now go to Charles E. Jackson of Lexington. Please raise your right hand.
CHARLES E. JACKSON, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. JACKSON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. JACKSON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. JACKSON: No.
CHAIRMAN PHILLIPS: 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?
MR. JACKSON: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead with your statement.
MR. JACKSON: Thank you, Mr. Chairman, and also the Committee Members for the opportunity to be here today. My wife and I over the past several years have sought to look at opportunities to be involved in the community, and for 12 years we've worked with foster children. Over those years we adopted three of those foster children that we have cared for. My relationship with the school is very personal. I am a high school drop out. I sought opportunities in my young life to make a difference in my own life. I got my GED through the military. I graduated with a masters degree from the University of South Carolina in 1980 so I know what it is to have to face some of the problems when you're not a high school graduate to try to get yourself back into the work force. Since 1964 I have worked in South Carolina industry. I have served in numerous capacities. I've been employed in numerous capacities over the years starting as an hourly employee and now I'm in a position as department manager. I feel like I can bring to the school itself several things. One is I have a sincere belief in the purpose and the mission of the school, that is to reach out to the undereducated. I also believe that through my professional activities and through my experience as a manager that I can bring an industrial perspective to the school in which we can look at opportunities to go beyond just the service area and get into the industrial sector of the state. I am very familiar with accountability, fiscal accountability and responsibility, industry throughout all the United States. Worked hard at maximizing its profits by watching the dollars that is spent, making sure that we know where the dollars are being spent. And I feel like that that is an important thing that a Board member must have and must bring to the table when they're in this type of position because the money doesn't belong to the Board members, it belongs to the people of the state and they have to be held accountable for that. So I feel like that due to my background, due to what I feel like I can bring to the table that I can serve well as a representative of the Board. And I thank you.
CHAIRMAN PHILLIPS: Any questions from committee members?
SENATOR WILSON: Mr. Chairman, I would like to comment that ...
CHAIRMAN PHILLIPS: Senator Wilson?
SENATOR WILSON: ... Mr. Jackson is a constituent and I know his reputation in the community. And I also appreciate your referencing the industrial background. Your work with International Paper at the Eastover Plant, I know what a good and high position he has. So we appreciate your offering for this position.
MR. JACKSON: Thank you.
CHAIRMAN PHILLIPS: Thank you, sir.
REPRESENTATIVE GAMBLE: Mr. Chairman?
CHAIRMAN PHILLIPS: Excuse me.
MR. JACKSON: Oh, I'm sorry.
CHAIRMAN PHILLIPS: Representative ...
REPRESENTATIVE GAMBLE: Mr. Jackson, I would only want to comment and say that I very much appreciate you adopting the children that you had as foster children. I mean I think that's such a great thing. And I mean I can't say enough about that. I think so often those children are over looked and I think that to adopt a child like that -- I know it's been difficult because you've adopted what somebody else started with. And so I just -- my hat's off to you and I commend you so much for that because I -- so often those children are left without someone and so I can -- it makes me really feel good about people when I see them doing -- I think that's one of the best things a person or one of the best ways a person can contribute to society. I mean I really do.
MR. JACKSON: Thank you. We've enjoyed it. We've got six grandchildren now.
CHAIRMAN PHILLIPS: Wilhelmina McBride from Columbia.
WILHELMINA MCBRIDE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. MCBRIDE: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. MCBRIDE: I am.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. MCBRIDE: No, I don't.
CHAIRMAN PHILLIPS: 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?
MS. MCBRIDE: No, I don't.
CHAIRMAN PHILLIPS: You may go ahead.
MS. MCBRIDE: I'm a retired educator with 30 years plus teaching experience. And I find it extra rewarding to have served on the Wil Lou Gray Opportunity School Board for four terms. We have a wonderful program and we are making a difference in the lives of the young people we serve. If it were not for our program many of these young people would not have an opportunity to have a second chance at success in life. When we see these young people succeed, then we're all winners. I believe -- I know I care about the young people and I'm concerned and I work hard to see that they will reach their highest potential. I have a good working relationship with the other Board members. We have a wonderful superintendent. We have a wonderful staff, wonderful faculty, and we support them. We are supportive and we want the cadets to have the kind of exposure they need so that they can become valiant and contributing members of society. I'd like to continue my service on the Board and I look forward to seeing more cadets accomplish their educational goals.
CHAIRMAN PHILLIPS: Any questions? None. No questions. Thank you, ma'am. Next is Mary F. Newman from Cayce.
MARY F. NEWMAN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MS. NEWMAN: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. NEWMAN: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. NEWMAN: I do not.
CHAIRMAN PHILLIPS: 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?
MS. NEWMAN: I do not.
CHAIRMAN PHILLIPS: Go ahead.
MS. NEWMAN: Thank you, Mr. Chairman, Members of the Committee. My life has been spent in education and I've had -- I've enjoyed all of it. And I was a graduate and am a graduate of Columbia College. And I have my masters degree from the University of South Carolina in education. I spent 43 years in service in Lexington School District Two which is right across the river. And I was a elementary, a middle and a high school teacher. I was a guidance counselor and I was a building administrator. And I was an assistant to the superintendent since 1976 until I retired. The last six years of that I was here in the office for Lexington School District Two. And that afforded me the opportunity to come and have many experiences with young people who needed a second time around and were not successful in the traditional school setting. So I became aware of their problems. My mother was a school teacher. I was born and raised in Heath Springs up in Lancaster County on a farm. She had a great influence on my life and I hope that my husband and I -- my husband's deceased but he was an educator too -- that we've had some influence with our children. We have three sons all of whom are in educational positions here in this state, and their wives are also. How I became interested particularly in Dr. Wil Lou Gray is that she was kind of my mentor. When I was at Columbia College, she came there often to speak to us and I became attracted to her and her philosophy of education. And then later on when I started teaching at Brookland Cayce High School I went out there for a lot of her training sessions. And I completed a number of her sessions in addition to working in Lexington District Two. And I studied under her and Dr. Marguerite Talbot who was her counterpart. Her concept was indisputable in wanting to provide a statewide program where everyone, despite his or her circumstances, could get an education. So under her program at nighttime I would go to the woman's division of the state penitentiary and also in the summertime the girl's industrial school, which I don't think they really have those anymore, more similar to DJJ. And had an opportunity to work with these people under the auspices of Dr. Gray. I was very -- she really was my mentor in education because of her concept. And I was very appreciative of receiving the first Wil Lou Gray Outstanding Educator Award from my alma mater of Columbia College. Each time I hear the list of our students who graduated and passed the GED and witness these people, I know that these students in our society are much better off for this school that we have. For these reasons, I would like to continue being a part of this school and ask for re-election.
CHAIRMAN PHILLIPS: Thank you. Any board member? Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Chairman, I just want to acknowledge all that Ms. Newman has done for our community. She has been a mainstay over in the Cayce West Columbia School District and is to this day still well respected as far as an educator over there. And I just appreciate everything that you've done for our community and your continued service on the Wil Lou Gray Board.
MS. NEWMAN: Thank you, ma'am.
CHAIRMAN PHILLIPS: Senator Wilson.
SENATOR WILSON: Thank you, Representative Gamble. I just want to second that the Newman family, Frankie and her late husband Tom, and then the three sons are certainly, really the first family of education in Lexington County and the eastern part of the county, and we appreciate it and you mean so much to our community.
MS. NEWMAN: Thank you, Senator.
CHAIRMAN PHILLIPS: Any others? Thank you, ma'am. Next is Carlisle Roddey from Chester. Good evening, sir.
CARLISLE RODDEY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MR. RODDEY: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. RODDEY: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. RODDEY: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. RODDEY: No, sir.
CHAIRMAN PHILLIPS: You may go ahead, Carlisle.
MR. RODDEY: Thank you, sir. Mr. Chairman, Members of the Committee. I thank you for the opportunity to come here today. I spent the biggest part of just about all of my adult life in public service. I retired after last year, when I noticed the advertisement in the paper or the write up that was in the paper that they needed people to fill out an application for different committees and boards and all and I said well, heck, I haven't got anything else to do except clean up the house, and wash the car, and cut grass and all this stuff so that's why I applied for it. I, over my lifetime I've worked at night. About 36 years ago we started a rescue squad, 14 guys and myself, we started a rescue squad, it was 13 and myself. And I'm the only one left there now. I served as a captain of that rescue squad for 30 years and now I'm the Chairman of the Board. Then I became the civil defense director. They call it civil preparedness now. But I became the civil defense director for chester county. Back in those days the funeral homes ran the ambulance service so then they decided well, they were going to get out of the ambulance service and so they got me to set up the first EMS for Chester County. So then I ran -- I managed a radio station. I ran for public office. I ran for the county supervisor's job. That's a four year job. And it's the same thing as the county manager. And I was elected six times. Over those years I've served many, many things. And I was on the Board of Directors of the Catawba Regional Planning Commission. I'm still on the Midlands EMS Board that's worked -- that's out of Columbia. I was the president of the Chamber of Commerce. In my job as county supervisor I got to see a lot of things. I was basically over departments. All kind of departments. We had something that they called back in the long time ago they used to call it the chain gang but we called it the prison extension. I got to see a lot of kids and young men who come through there that really shouldn't have ever been there. They should have -- somebody should have kind of guided them along because they probably needed a second chance somewhere in their lifetime to give them a little shove. Over the years I've broadcast high school sports on the radio. I'm a play by play guy. I've been there 30 years doing that. So I've seen a lot of young men that I see out there with the stripes on and I said, "What in the world are you doing here?" Well, they kind of hang their head and go on and you know, but I felt like that, you know, somebody could have maybe given them a little shot and a little chance. My wife is the -- I'm married and my wife is the Probate Judge at Chester County. She hadn't worked there very long, this coming July she'll be there 43 years. We have two sons. And two and 3/4 grandsons. One will be born, hopefully, with the good Lord willing, June 8th, and we're already know it's going to be a little boy. And one of those grandchildren is adopted but we don't know the difference between them. He'll have his fifth birthday on the 23rd day of March. And we love him as much as we do the other one and the one that's going to be born. We don't even know the difference between them. And that's the thing about it. Kids need another chance. And that's why I would like to serve on the Wil Lou Gray Board because I've checked about it. I had a history teacher one time that she told me that she taught at the Wil Lou Gray school. And she kept talking about it, and talking about it, and talking about it. That's how I knew about the Wil Lou Gray Opportunity School. So I appreciate the opportunity to speak with you and I'll answer any questions that you might have for me.
CHAIRMAN PHILLIPS: Anybody got any questions of Mr. Roddey? None? I hope you wasn't as nervous as I was the first time I met Carlisle. It was in 1980.
SENATOR WILSON: In Probate Court?
CHAIRMAN PHILLIPS: I was real fortunate. I had only been elected one term and I was real fortunate to run against an incumbent and he was my friend and still is my friend. And I appreciate you telling me the do's and don't's in Chester County at that time. Thank you, Carlisle.
MR. RODDEY: Thank you very much.
CHAIRMAN PHILLIPS: Next is Diana Taylor from Columbia. Ms. Taylor. Please raise your right hand.
DIANA TAYLOR, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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?
MS. TAYLOR: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. TAYLOR: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. TAYLOR: No, sir.
CHAIRMAN PHILLIPS: 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?
MS. TAYLOR: No, sir.
CHAIRMAN PHILLIPS: Go ahead, ma'am.
MS. TAYLOR: Thank you for being ... Thank you and members. I am a first time person on running for this so I'm a little nervous. I used to go to Wil Lou Gray long years ago so I know about the school. And it has changed a whole lot since I've been there because I see it when I go over there and everything. And the things I was -- want to be on the board because I want to see children get a second chance in doing things. I'm in the school district right now and I see a lot of kids that they do not care about education. And I would love to see Wil Lou Gray and help those kids understand what the world is about. And I feel if I can get on there I can contribute to these things that children need to help them grow into the community. And I'm on the -- I have -- I'm not married, I'm single. I have two children. I have four grandchildren. My daughter graduated from college, unfortunately she went out of state. I dad no control over that. And I work pretty hard, so I understand what it is to maneuver with money in getting what you need to do things with. And I would love to participate and be a part of Wil Lou Gray and to do good. I would like the opportunity to answer questions now if you'd like.
CHAIRMAN PHILLIPS: Is there any questions of any committee members? None. Thank you ma'am. Suzanne Turner from Gaffney. Please raise your right hand.
SUZANNE TURNER, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Suzanne, 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?
MS. TURNER: No, I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. TURNER: Yes, I can.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. TURNER: No.
CHAIRMAN PHILLIPS: 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?
MS. TURNER: No, sir.
CHAIRMAN PHILLIPS: You may go ahead with your statement.
MS. TURNER: I am running for re-election to the Wil Lou Gray Board of Trustees because I feel like I've been very helpful in facilitating many of the changes that have occurred at Wil Lou Gray in the past four years. We did have some areas of the school that have problems and we've worked very hard to change these problems. We've had the help of several legislators and the Board and we're happy to say that we've changed a lot of things that needed to be changed. We also have a compact with the South Carolina National Guard. We house the Youth Challenge Academy at the Wil Lou Gray School. And as some of you know the National Guard has a very special place in my heart because my daddy was with the Guard for 40 something years. He retired as a State Command Sergeant Major and they dedicated the new armory in Gaffney to him. So the Guard is very special to me. I've enjoyed being a part of the Wil Lou Gray Board of Trustees and having a part in the Youth Challenge Program. We have many more things that we need to accomplish and I'd like to be a part in helping these things come to fruition. We have a wonderful school which is a last resort for a lot of students in this state. It's very gratifying to see these students when they walk across the stage at graduation because we know that without this chance some of them would be out on the streets, they would be out of school and a lot of them would be incarcerated. For these reasons and many more I would like to continue my service on the Wil Lou Gray Board of Trustees.
CHAIRMAN PHILLIPS: Questions?
REPRESENTATIVE LITTLEJOHN: Mr. Chairman, I would just like to make a comment that Goucher Elementary School is in my district and Ms. Suzanne is the media specialist there and she runs a tight ship. I have battle scars.
MS. TURNER: And he comes anytime I call him.
CHAIRMAN PHILLIPS: I'd also would like to commend Suzanne. See, even though she lives 200 miles away, and I believe Pat could back this up, I don't believe you've missed anything as far as activities there and as far as graduations ...
MS. TURNER: No, he has to put up with me all the time.
CHAIRMAN PHILLIPS: Well, that's commending somebody that ...
SENATOR WILSON: Also, the auctions.
CHAIRMAN PHILLIPS: Yes.
SENATOR WILSON: Ms. Turner has been very helpful.
CHAIRMAN PHILLIPS: Any more questions of Suzanne? They'll find something. Let's find something wrong with her.
MR. TURNER: You saved the best for last, I mean.
CHAIRMAN PHILLIPS: Okay, thank you, Suzanne. What is the pleasure of the committee for the candidates we've heard this morning?
SENATOR WILSON: Elementary inquiry, we have one person who did not attend.
CHAIRMAN PHILLIPS: Oh, yes.
SENATOR WILSON: Mr. Goodwater.
CHAIRMAN PHILLIPS: Oh, okay.
SENATOR WILSON: Would it be possible to invite him to our next session or is there ...
CHAIRMAN PHILLIPS: If the committee wants to make that recommendation we certainly will.
REPRESENTATIVE INABINETT: So moved.
SENATOR WILSON: Second.
CHAIRMAN PHILLIPS: The committee has extended the date of 3/23 and I'll ask the staff to notify Mr. Goodwater that we certainly missed him here today. He has another opportunity on 3/23. If that's a date that he would like to come and participate.
SENATOR WILSON: Move favorable as to all others.
CHAIRMAN PHILLIPS: Yes. All favorable.
REPRESENTATIVE GAMBLE: Second.
CHAIRMAN PHILLIPS: Second. All right. That means everybody is eligible to seek and, please, do not go out seeking votes until after it is reported in the Journal of the Senate and the House. And then on the day after at 11:00, after it is published in the Journals you may seek pledges. Thank you for coming. Thanks to the Committee for participation. And at this time we stand adjourned.
There being no further questions, the screening was concluded at 1:12 P.M.
The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 9th day of March, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Senator Olin Phillips, Chairman
Representative Curtis Inabinett
Representative Lanny Littlejohn
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee
CHAIRMAN PHILLIPS: We're here today to screen for Wil Lou Gray, Mr. Samuel Goodwater, Jr. for a Wil Lou Gray Seat Opportunity School at-Large. Introduction of the Committee Members is Representative Lanny Littlejohn from Spartanburg and Representative Curtis Inabinett from Charleston and myself, Representative Olin Phillips and I am from Cherokee, Gaffney. We have the Creel agency here doing dictation and Sophia Floyd, our Executive Secretary. At this time we would like to go ahead and screen Mr. Samuel Goodwater. Mr. Goodwater?
MR. GOODWATER: Yes.
CHAIRMAN PHILLIPS: If you will, will you please stand?
MR. GOODWATER: Oh, okay.
CHAIRMAN PHILLIPS: And I'm going to swear you in. Will you please raise your right hand.
MR. GOODWATER, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Goodwater, I need to ask you a few questions. 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?
MR. GOODWATER: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. GOODWATER: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. GOODWATER: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. GOODWATER: No, sir.
CHAIRMAN PHILLIPS: All right, sir, if you would make a short statement we would appreciate it.
MR. GOODWATER: My name is Samuel Goodwater, Jr. And, first of all, I'm proud to be a South Carolinian. I'm from Beaufort County and I'm a retired school teacher. I coached and taught for 31 years in the public school system of the State of South Carolina. I'm now retired and I'm working as an alcohol and drug counselor with kids in Allendale, Hampton, and Jasper Counties. I have found out through my years of teaching and coaching that I'm very interested in kids, and I feel that my experience it leads to positive relationships in working with the Wil Lou Gray Opportunity School. I'm married and I have one son who's 25 years of age. He's just getting out of the College of Charleston. I graduated from South Carolina State College, South Carolina State University. I'm attribulated (ph) also in the graduate level at the University of South Carolina and the College of Charleston.
CHAIRMAN PHILLIPS: Yes, sir. Thank you, sir. Committee Members, any questions? Mr. Littlejohn?
REPRESENTATIVE LITTLEJOHN: Mr. Goodwater, could you -- I'm just interested in your work. I think that really relates to Wil Lou Gray. Could you tell us a little bit more about your work and what you do with these kids?
MR. GOODWATER: Well, for the last three years, I've been working with the New Life Center, which is based in Hampton, South Carolina. And I worked in the school system with kids who ran into trouble with alcohol or drugs and I counsel them. I counsel kids in Allendale and Hampton and Jasper County.
REPRESENTATIVE LITTLEJOHN: What kind of numbers are we talking about?
MR. GOODWATER: Numbers? I would say on the level of probably 35 to 40 kids per quarter, which is three months.
REPRESENTATIVE LITTLEJOHN: Ages?
MR. GOODWATER: Ages -- the age ran from 13 through 18.
REPRESENTATIVE LITTLEJOHN: I think that really ties in to Wil Lou Gray.
MR. GOODWATER: Yes, sir. I have worked with kids and I was able to make end rules with them in changing their lives around. And I've always been interested in the education of kids. But even after 31 years of teaching, this job presented more of a challenge and I was able, and I'm still able, to reach these kids.
REPRESENTATIVE LITTLEJOHN: Is this a State job or a local ...
MR. GOODWATER: Yes, it's a State job.
CHAIRMAN PHILLIPS: Mr. Inabinett?
REPRESENTATIVE INABINETT: Yes. Do you ever go into the schools?
MR. GOODWATER: Yes.
REPRESENTATIVE INABINETT: You do?
MR. GOODWATER: We have a contract set up where we can go in the schools to do an assessment which is no more than an hour. And I usually try to do the assessment after school but in certain situations I have done assessments in schools.
REPRESENTATIVE INABINETT: I'm just a little curious. I worked over against Barnwell at one time up under Reverend Brooks, H.J. Brooks.
MR. GOODWATER: Yes, he used to be a Pastor of my father's church.
REPRESENTATIVE INABINETT: He was my principal, I taught there for a while.
MR. GOODWATER: Right.
REPRESENTATIVE INABINETT: And I lived about nine miles from there over in Arlington, you live right in there? I'm just curious.
MR. GOODWATER: No, I'm from Beaufort. I used to drive an average of 94 miles a day.
REPRESENTATIVE INABINETT: Okay. I commend the work you do.
MR. GOODWATER: Right. Thank you, sir.
CHAIRMAN PHILLIPS: Mr. Goodwater, are you familiar with the arrangements with Wil Lou Gray and the South Carolina National Guard?
MR. GOODWATER: No, I'm not, sir.
CHAIRMAN PHILLIPS: Okay. They have a program where they have at-risk students also. The Guard tries to recruit from every area of the State kids who are at risk, that has no prior record, and they're out there with about 135 students -- I'm not sure about the numbers -- but it's been a tremendous asset to have the National Guard in coalition with Wil Lou Gray by trying to save at-risk students.
MR. GOODWATER: Right. Right.
CHAIRMAN PHILLIPS: Are you familiar with any other activities at Wil Lou Gray?
MR. GOODWATER: No, sir, I'm not.
CHAIRMAN PHILLIPS: Okay. And how did you get interested in serving on the Wil Lou Gray Board? Did you read it in the paper, or?
MR. GOODWATER: Well, I read it in The State Newspaper and I said to myself "This is something that I would be interested in."
CHAIRMAN PHILLIPS: I ask you that question to find out how are we reaching the people. It is our efforts to reach everyone as possible, because these are positions of honor and trust for our state residents and we appreciate you sending your resume back and asking to be -- to try to be a candidate for Wil Lou Gray and of course the screening committee will take a vote in a minute on your qualifications of being that, but I wanted to urge you and tell you right now, if you are selected by the committee to continue on as a candidate, that you cannot solicit votes until after the screening committee report, which we're doing now, is released to the General Assembly through the Senate and the House Calendar, I mean Journal.
MR. GOODWATER: Yes, sir.
CHAIRMAN PHILLIPS: At that time, the next day, 24 hours later at 11:00, you can solicit votes from all of the House and Senate Members at your will and time.
REPRESENTATIVE LITTLEJOHN: Do we have a date on that yet, Mr. Chairman?
CHAIRMAN PHILLIPS: We do have a date on that.
MS. FLOYD: Next week.
CHAIRMAN PHILLIPS: The election is April the 12th.
MS. FLOYD: Oh, for the election. I'm sorry. I thought you meant for the release.
REPRESENTATIVE LITTLEJOHN: No, for the report.
MS. FLOYD: Early next week is what I'm told. And I will send all of the candidates a letter letting them know in plenty of time when they can start.
CHAIRMAN PHILLIPS: We will notify you by mail. Do we do the telephone or just the mail?
MS. FLOYD: Just the mail.
CHAIRMAN PHILLIPS: We do notify you by mail that you now can solicit votes. But I'm telling you, it's probably going to be after the budget before we release anything even if it's ready. Because we've got 80 people running for various positions and -- 79 -- and so we would not want to be flooded by, during our budget hearings, which begin Monday morning with us, and so we're delaying the screening reports until we get it completed, which it's not, and we also have some other candidates that we may be able to squeeze in from MUSC. So I would tell you it would be some time the later part of the month before we release it. If you're really interested, you can call your House Member and he can you it's been released if you don't get the mail on time, but we will be mailing you and telling you. So at that time, the next day at 11:00 after this is released -- to make the long story short -- you may solicit votes and I would -- this is your first time to run for any one of these?
MR. GOODWATER: Yes.
CHAIRMAN PHILLIPS: I would suggest if you have some time to come up and meet the various House Members and Senators, one-on-one.
MR. GOODWATER: Yes. Thank you, sir.
CHAIRMAN PHILLIPS: Any other questions? What is the pleasure of the Committee.
REPRESENTATIVE INABINETT: I move approval.
REPRESENTATIVE LITTLEJOHN: I second.
CHAIRMAN PHILLIPS: All in favor please signify by saying "Aye."
(All in favor)
CHAIRMAN PHILLIPS: Thank you, sir, for qualifying and we wish you the best of luck.
MR. GOODWATER: Thank you all very much.
MR. CHAIRMAN PHILLIPS: This meeting is adjourned.
(There being no further questions, the screening concluded at 9:45 a.m.)
The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 23rd day of March, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Senator Olin Phillips, Chairman
Representative Curtis Inabinett
Representative Lanny Littlejohn
Senator James E. Bryan, Jr.
Senator Maggie W. Glover
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee
CHAIRMAN PHILLIPS: I'm going to call the meeting to order, we're just a few minutes early but we need to get -- no, it's 9:15 -- started with the House. Let me welcome you here, all of you, and especially Fred, I've known him for a long time. I want to introduce the committee members, Representative Lanny Littlejohn from Spartanburg, Curtis Inabinett from Charleston and Jim Bryan from Laurens. Senator Jim Bryan from Laurens. I'm Representative Olin Phillips. And our first candidate will be for the Medical University, 3rd District, non-medical, Mr. Fred Moore from Honea Path. And Mr. Moore, I'm going to ask you to raise your right hand.
MR. FRED MOORE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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 if you're elected or re-elected, sir?
MR. MOORE: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MOORE: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MOORE: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. MOORE: No, sir.
CHAIRMAN PHILLIPS: You may make a short statement or you can stand by your statement, whatever you would like to do.
MR. MOORE: I'd like to make one short statement and it will take about a minute. In 1940-something-another, I got asbestos in my system and it grew until years and years. Go in the hospital with pneumonia. Finally September 1st this year I was operated on at Charleston, cleaned off all my lungs in the back, I like to have died many times. I'm going to start a research foundation for asbestos. We've already got a little one, but a lot of people have got it and don't know it. You may have it and you don't know it, until it closes in and it will kill you. It's miserable. I'll tell you one thing -- It'll knock you down in a minute. That's all I have to say.
CHAIRMAN PHILLIPS: Okay. You all all read Mr. Moore's statement. Any question from any member of the committee that you'd like to ask Mr. Moore. None?
SENATOR BRYAN: Well, I will ask one question. I guess you can vouch for the quality of care at the medical university, can't you?
MR. MOORE: Well, I stayed at the hospital 89 days, I got out here a day or two ago just to come down here.
SENATOR BRYAN: Was your surgery at the medical university?
MR. MOORE: No. Yeah, yeah, yeah. A lady, Caroline Reed, she's supposed to be the best in the world that does that. And it's wonderful. I mean, the care you get.
(Senator Maggie W. Glover Enters)
CHAIRMAN PHILLIPS: Joining us now, our committee member, is Maggie Glover. Senator Maggie Glover from Florence. Ms. Glover, we just sworn in Mr. Fred Moore for the Medical University, non-medical, 3rd Congressional District. And if you can take just a second. Do you have any questions you'd like to ask Mr. Moore?
SENATOR GLOVER: Not at this time. Good to have you here, Mr. Moore.
CHAIRMAN PHILLIPS: Okay. If no other committee members have any questions, what is the pleasure of this committee?
SENATOR BRYAN: Move favorable.
REPRESENTATIVE INABINETT: Same.
CHAIRMAN PHILLIPS: All in favor of Mr. Moore's candidacy please signify by saying "aye."
(All in Favor)
CHAIRMAN PHILLIPS: Mr. Moore, thank you for coming. I know it was hard for you to get here. We hope that your friends here will do whatever they can for you, and in the event you get a chance to come back in the next three or four days, come back, sir.
MR. MOORE: Thank you.
CHAIRMAN PHILLIPS: Thank you so much for coming. And you may well go if you like or you can stay, whatever.
MR. MOORE: Thank you very much.
CHAIRMAN PHILLIPS: Mr. Moore, let me make a broad statement here for everybody that's here. We're going to release this testimony Tuesday morning in the Journal and Tuesday in the Senate in both journals. At 11:00 Wednesday the 29th, you may go ahead and seek pledges, you'll have two weeks to seek pledges. The election is on April the 12th. So you will have time to do that and we appreciate you coming.
MR. MOORE: I appreciate that.
CHAIRMAN PHILLIPS: Tuesday we're going to release the reports and Wednesday at 11:00 you can start seeking pledges.
MR. MOORE: All right.
CHAIRMAN PHILLIPS: The next order of business is the screening for South Carolina State, at-large, Seat 12. And this is to fill a seat that was vacated by the untimely death of Dr. Salters. And at this time I would like to take just a minute in a moment of prayer in honor of Dr. Salters and his service to the state and his county where he lived. And especially to South Carolina State University which I know he served well. And at this time we can go to a moment of silent prayer.
(Pause)
CHAIRMAN PHILLIPS: Thank you. Now, first up is Dr. George C. Bradley of Summerville. Mr. Bradley. Mr. Bradley, would you please raise your right hand.
DR. GEORGE C. BRADLEY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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 if you're elected or re-elected, sir?
DR. BRADLEY: No.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
DR. BRADLEY: Yes, I would.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
DR. BRADLEY: No, I don't.
CHAIRMAN PHILLIPS: 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?
DR. BRADLEY: No, I don't.
CHAIRMAN PHILLIPS: Thank you. You may go ahead with your statement.
DR. BRADLEY: Okay. I am, and always will be, a loyal member of the South Carolina State University family. I earned a Bachelor's Degree in early Childhood Education and minor in mathematics from South Carolina State College in 1983. I also earned a master's in Mathematics Education from South Carolina State College in 1985. Through nurturing, training, and quality learning experiences, the faculty and the staff at South Carolina State College gave me the confidence to pursue further education, engage in meaningful experiences, and contribute to the academic community. From 1995 to 1998 I was also employed as a faculty member and an administrator in the Department of Educational Administration at South Carolina State. The membership on the Board of Trustees at South Carolina State University will offer me an opportunity to utilize extensive experience, my extensive experience in higher education, my knowledge of the business community in this state, and the resources from a variety of areas to address issues in higher education in general, and at South Carolina State, primarily. Thank you.
CHAIRMAN PHILLIPS: Any questions of any committee members?
SENATOR BRYAN: Where are you employed through?
DR. BRADLEY: I'm employed at Webster University. I'm the Regional Academic Director for the State of South Carolina at Webster University.
SENATOR BRYAN: Webster?
DR. BRADLEY: Webster University.
SENATOR BRYAN: Where is that located?
DR. BRADLEY: The home campus is in St. Louis. The regional site is in Charleston.
SENATOR BRYAN: Okay. Thank you.
CHAIRMAN PHILLIPS: Any other questions? Thank you, sir. Excuse me, I'm sorry.
SENATOR GLOVER: Question.
CHAIRMAN PHILLIPS: Senator Glover.
SENATOR GLOVER: A question I have for all candidates. Why South Carolina State, what visions, you know, why a Board?
DR. BRADLEY: Well, I think I stated my passion and what it has given to me. My vision for South Carolina State University is to make sure that it's financially stable and we have the quality of educators to take us in the new millennium. One current issue that is really a stickler for me, is our endowment. South Carolina, the State of South Carolina is one of a few other states to where state schools in the State of South Carolina are state assisted. And the revenue needs to be powerful in that aspect to take our youth to the next millennium.
SENATOR GAMBLE: Okay. Thank you.
CHAIRMAN PHILLIPS: Any other questions? You may have a seat, sir.
DR. BRADLEY: Thank you.
CHAIRMAN PHILLIPS: Our next candidate is Dr. Grace H. Salters from Orangeburg. Dr. Salters, please raise your right hand, please.
DR. SALTERS: Good morning.
DR. GRACE H. SALTERS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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 if you're elected or re-elected, sir?
DR. SALTERS: No.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
DR. SALTERS: Yes.
CHAIRMAN PHILLIPS: Good. Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
DR. SALTERS: No.
CHAIRMAN PHILLIPS: 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?
DR. SALTERS: No.
CHAIRMAN PHILLIPS: Thank you. You may go ahead with your short statement.
DR. SALTERS: Well I'm not an alumni of South Carolina State University but I've worked there for 26 years, so I have the institution's welfare at heart. It has been my desire to help mold, train, and produce young adults who would become worthwhile citizens and productive citizens in their respective communities. It is my hope to continue the aspirations of my husband, my late husband, in that he would want South Carolina State to remain an institution of academic excellence, where it would become financially stable, and where it would hold -- continue to hold a place of esteem in the community and in the nation.
CHAIRMAN PHILLIPS: Any questions of the committee members? Senator Glover.
SENATOR GLOVER: Yes, Dr. Salter, same question. Why do you want to serve on this Board and what vision do you have as a Board member?
DR. SALTERS: South Carolina State to me is an institution that has held high esteem for me, and it is a center for producing young adults that I have been in contact with. I feel that it is an institution that is needed in our community and it can provide the type of training and stability that we need while young adults. I, too, share the vision that we need to make it more financially sound. I do feel that it is an institution of academic excellence. And I want to continue that vein so that academic excellence is the norm and where intellectual and aesthetic stimulations are there for the youth that it serves.
CHAIRMAN PHILLIPS: Any other questions? Senator Bryan.
SENATOR BRYAN: For my education, Developmental Botany? I see you got your Ph.D in Developmental Botany?
DR. SALTERS: Yes, I did.
SENATOR BRYAN: What is that? I'm just curious.
DR. SALTERS: Well it takes -- a botanist is the study of plants, but my training started with the cell up to the plant. So you'll go from the cell to the tissue to the organ to the system to the whole organism. And my training started at the cellular level of development in plants.
SENATOR BRYAN: I knew it was way over my head. Thank you.
DR. SALTER: You're welcome.
CHAIRMAN PHILLIPS: The next candidate is Mr. Brantley E. Evans, Jr. from Columbia. Mr. Evans. You may stand there, if you'd like. Please raise your right hand.
MR. BRANTLEY E. EVANS, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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 if you're elected or re-elected, sir?
MR. EVANS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. EVANS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. EVANS: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. EVANS: No, sir.
CHAIRMAN PHILLIPS: You may go ahead with your statement.
MR. EVANS: First of all, I'd like to thank you all for having me here. And I'm not going to re-read what I've wrote, I just want to make a short testimony or statement as to what South Carolina State has done for me and what I intend to do for the university. First of all, I would like to say that I'm here to serve the university and not to be served. I'm here to devote all the different perspectives that I'm blessed to have in the line of work that I do, and I'm looking forward to working with the university. I'm looking forward to bringing a new perspective for the university. I'm looking forward to assisting the other Board members and the academic staff in creating a diverse degree program. I'm a resent graduate of South Carolina State University in 1992 and, to be honest with you, there was a little culture shock when I got in the real world. And I know with technology advancing, and I know with what our youth are having to face today, there's a lot of options out there for our youth and we have to make sure that we prepare them for success and offer various options for them. I'm a resident of Columbia but I grew up in Orangeburg all my life. South Carolina State has done a lot for my family. My parents -- well, my father worked there, my mother was educated there, and now it is time for me to repay a debt that I feel like I owe for the university.
CHAIRMAN PHILLIPS: Committee Members, any questions?
SENATOR GLOVER: He answered it.
CHAIRMAN PHILLIPS: Senator Glover.
SENATOR GLOVER: Oh, he answered it. I'm sorry. Senator Bryan.
SENATOR BRYAN: I notice that you're involved in the Boy Scouts. My sons have been very active in that. Are you a Scout Master or?
MR. EVANS: No, sir. Actually, the Boy Scouts approached me about three or four years ago about fund raising. They have a troop that can't provide clothing for themselves and trips and all the equipment that it takes to be a Boy Scout, so about four years ago we started a fund raiser that we do once a year, it's called a Scout Reach Program, in where we provide funding for these troops. And this year we raffled two Super Bowl tickets and we raised about ten -- about $8,000.00 for that troop. So we do it every year, and it's just -- the Boy Scouts is -- I played sports and the Boy Scouts reminds me a lot of sports, it teaches character and discipline and integrity, and those are the things that our youth need to be successful.
SENATOR BRYAN: Thank you.
REPRESENTATIVE LITTLEJOHN: Mr. Evans, this business relationship you have with Joseph Lamp, you see no future problem with that?
MR. EVANS: No, sir. He has a contract that is a five year contract that's renewable every year. The contract has already been in place prior to me being, hopefully, on the Board, and I will remove myself from any type of vote if I'm ever confronted with that. But I don't have an economic interest in it, we don't share any revenues from it. He's my business partner in Synergy Sports International, which is a sports management firm, and also Bigger Sports Marketing Promotions, which is a sports marketing firm that we did a joint venture with, but we have no type of economic interest at all.
REPRESENTATIVE INABINETT: Are you any kin to this gentleman?
MR. EVANS: That's my uncle. I didn't know he was going to be here today.
CHAIRMAN PHILLIPS: Okay. Thank you, sir. Let's have that other Evans. Alphonso J. Evans, Sr. from Charleston. Sir, would you please raise your right hand.
REPRESENTATIVE INABINETT: Uncle Al.
CHAIRMAN PHILLIPS: Uncle Al. Okay. That's good. I believe this is the first time this has happened. Alphonso from Charleston. Sir, would you please raise your right hand.
ALPHONSO J. EVANS, SR, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: 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 if you're elected or re-elected, sir?
MR. EVANS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. EVANS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. EVANS: No, sir.
CHAIRMAN PHILLIPS: 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?
MR. EVANS: Not a dual office holding. I hold a vice-chair on the Budget and Control Board Pre-Retirement Advisory Board. I don't see that as a problem.
CHAIRMAN PHILLIPS: That you, sir. Go ahead with your statement.
MR. EVANS: First of all, good morning. And I'm meeting some strange faces this morning with my relatives here. I would like to begin my testimony in the summary of what I've written, what I wrote earlier, and as background information. I'm a native from Orangeburg, South Carolina. I attended the public schools there. I attended South Carolina State University. I obtained a B.S. Degree and an M.Ed, Master's of Education Degree. And leaving there I went to the University of South Carolina where I obtained a Doctor of Education Degree in Education Administration. I am retired after 33 years of service in public education in the State of South Carolina. I worked in the State Department of Education, Office of Research Planning and Public Accountability where we dealt with utilizing research to improve educational practice, administrator evaluation and public accountability. I also, after retiring, I retained my interest in education by working with the Westat, Incorporated as a research firm out of Rockville, Maryland. It deals with the National Assessment of Educational Progress that's improving testing students throughout. And dealing with the Nation's report card from the standpoint of meeting educational goals. My community and other services have been primarily with the South Carolina Aquarium Task Force, a community-based environmental protection project. The South Carolina State University Recruitment Program, Charleston Alumni Chapter in Charleston, South Carolina. I serve as vice chair of our Board of Deacons at Morris Street Baptist Church. And I didn't get into all the details in this statement, but from the standpoint of my community services with Boy Scouts, I was a chair for that and the changing of one district to another with the consolidation of the Boy Scouts in Charleston County. My candidacy for the Board of Trustees of SC State University is offered because I feel that as a South Carolinian and graduate, I'm familiar with the changes that have occurred over time, and I feel that I can provide assistance in reaching agreed upon institutional goals and objectives. I also feel that an institution's success is paramount to support, commitment and dedication of alumni and friends of the institution. I further feel that the basic principles of education, framed by the founders are relevant today and are reflected in the university's mission statement of embracing diversity among students, faculty and staff, and providing lifelong learning opportunities for citizens of the state and qualified students of varied backgrounds and talents in a caring and nurturing environment. I'm committed to quality education and training of all students. As a member of the Board of Trustees, I will work with the administration to ensure implementation of quality programs and services for all who seek to advance educationally. I say this because I believe that. And I believe that South Carolina State University has been the foundation for educating minority students in the State of South Carolina. It has been there when we had the only state supported school, a sister school, in this state. And all the students coming in came through South Carolina State as a state-assisted school. And to nurture those students and mold them to be successful citizens in the state and throughout the nation. We must continue to mold the students. We must continue to provide students. We must continue to move forward to get the financial assistance we need, not only through the state revenue sources but through our own sources from the standpoint of contributing to make South Carolina University the school it is and the potential to be the greatest school in the State of South Carolina. Thank you.
CHAIRMAN PHILLIPS: Any questions?
SENATOR GLOVER: He answered it, too.
REPRESENTATIVE BRYAN: No questions of Mr. Evans. I'd like to go back to Mr. Bradley and ask him a question, if I could?
CHAIRMAN PHILLIPS: Yes, sir. Mr. Bradley.
REPRESENTATIVE BRYAN: I'm not familiar with Webster University. There's no conflict between working for Webster and South Carolina State is there?
MR. BRADLEY: Webster University is a graduate program. We have a graduate program here in MBA Business Management, Human Resource Management. The only degree program that we have that's probably the equivalent is a counseling program, but ours is clinical and theirs deals with the school system.
REPRESENTATIVE INABINETT: Let me ask one question.
MR. BRADLEY: Yes, sir.
REPRESENTATIVE INABINETT: Are the courses basically correspondents?
MR. BRADLEY: No, sir.
REPRESENTATIVE INABINETT: They're not?
MR. BRADLEY: No, sir. We have five campuses, like regular campuses.
REPRESENTATIVE INABINETT: In South Carolina?
MR. BRADLEY: In South Carolina. Charleston, Myrtle Beach, Beaufort, Greenville and Columbia.
SENATOR BRYAN: There's not an MBA program at SC State?
MR. BRADLEY: They have a business, agri-business ... an agri-business ...
SENATOR BRYAN: Masters?
MR. BRADLEY: Masters, yes.
REPRESENTATIVE INABINETT: I don't have a question, but I go back a long ways with Mr. Evans. We were at South Carolina State at the same time, and I've never said this to you before, but I've always had extremely high regards for you.
MR. EVANS: Thank you.
CHAIRMAN PHILLIPS: No other questions? None. Any kind of statements? Anymore statements?
SENATOR BRYAN: I just wonder who Mr. Evans's brother is going to support.
SENATOR GLOVER: Did you know?
MR. EVANS: You're talking about quite a few brothers.
SENATOR GLOVER: You didn't know until this morning?
MR. EVANS: I didn't know until this morning. When I came up here this morning.
CHAIRMAN PHILLIPS: And you said, "Junior, what you doing here?"
MR. EVANS: Yes.
SENATOR BRYAN: I'm in favor of all four candidates. They're all four clearly qualified.
CHAIRMAN PHILLIPS: You heard the motion to qualify all four candidates.
REPRESENTATIVE LITTLEJOHN: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye.
(All in Favor)
CHAIRMAN PHILLIPS: Thank you, gentlemen.
(There being no further questions, the screening concluded at 9:47 a.m.)
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, February 21 & 28, 2000;
March 9 & 23, 2000
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
The Citadel (two seats)
At-large Arthur H. Baiden, III(Greenville)
William C. Coffey, Jr.(Manning)
W. Henry Johnson, Jr.(Lake City)
Maj. Richard D. Leonard(Columbia)
William F. Sachs(Columbia)
Allison Dean Wright(Columbia)
Clemson University (three seats)
At-large Walter Mack Burriss(Columbia)
Louis B. Lynn(Columbia)*
Charles E. Moore(Woodruff)
William C. Smith, Jr.(Columbia)*
Allen P. Wood(Florence)*
College of Charleston
Six congressional districts, one at-large
1st District, Seat 2 L. Cherry Daniel(Charleston)*
2nd District, Seat 4 Joel H. Smith(Columbia)*
3rd District, Seat 6 J. Philip Bell(Greenwood)*
4th District, Seat 8 Merl F. Code(Greenville)*
Emil E. Spieth(Spartanburg)
5th District, Seat 10 J. Vincent Price, Jr.(Gaffney)*
6th District, Seat 12 Marie M. Land(Manning)*
At-Large, Seat 14 Timothy N. Dangerfield(Aiken)*
Zeno Montgomery(Columbia)
Coastal Carolina University
At-large, Seat 15 Timothy R. Meacham(Florence)
Daniel W. R. Moore, Sr.(N.Myrtle Beach)
Ronald R. Norton(Murrells Inlet)
Francis Marion University
Seven congressional districts, one at-large
1st District, Seat 2 Melissa Johnson Emery (Myrtle Beach)*
2nd District, Seat 4 Gail Ness Richardson(Barnwell)*
3rd District, Seat 6 Patricia C. Edmonds(Greenwood)*
4th District, Seat 8 Alex Kiriakides, III(Greenville)*
5th District, Seat 10 Lorraine H. Knight(Hartsville)*
6th District, Seat 11 James A. Brown, Jr.(Florence)**
6th District, Seat 12 William W. Coleman, Jr.(Florence)*
At-large, Seat 14 Robert W. Williams, Jr.(Effingham)**
Lander University
Seven congressional districts, one at-large
1st District, Seat 2 Robin R. Agnew(Myrtle Beach)*
Anthony Noury(Mt. Pleasant)
2nd District, Seat 4 George R. Starnes(Columbia)*
Peter Buttress(Lexington)
3rd District, Seat 5 Mamie W. Nicholson(Greenwood)**
3rd District, Seat 6 Finis Horne(Greenwood)
4th District, Seat 8 C. Tyrone Gilmore(Spartanburg)*
5th District, Seat 10 S. Anne Walker(Columbia)*
6th District, Seat 12 Walter D. Smith(Florence)*
At-large, Seat 14 Ann B. Bowen(Greenwood)*
Medical University of South Carolina
Six congressional districts (three each from medical and non-medical professions)
Non-medical
1st District Melvyn Berlinsky(Charleston)*
2nd District Donald McElveen(Columbia)*
William F. Hoffman(Blythewood)
Donald V. Richardson, III(Columbia)
3rd District Fred T. Moore(Honea Path)*
Charles W. Schulz(Greenwood)
Medical
4th District Dr. Charles B. Thomas, Jr.(Greenville)*
Harold E. Fleming(Spartanburg)
5th District Dr. Cotesworth P. Fishburne, Jr.
(Rock Hill)*
6th District Dr. E. Conyers O'Bryan, Jr.(Florence)*
South Carolina State (two seats)
At-large
At-large, Seat 11 John Williams, Jr.(Orangeburg)*
At-large, Seat 12 George C. Bradley(Summerville)
Grace H. Salters (Orangeburg)
Alfonso J. Evans, Sr.(Charleston)
Brantley E. Evans, Jr. (Columbia)
University of South Carolina
Eight Judicial circuits
2nd Circuit Miles Loadholt(Barnwell)*
4th Circuit J. DuPre Miller(Bennettsville)*
6th Circuit James Bradley(Lancaster)*
8th Circuit Herbert C. Adams(Laurens)*
10thCircuit Robert N.McLellan(Seneca)*
14thCircuit Helen C. Harvey(Beaufort)*
15thCircuit M. Wayne Staton(Conway)*
16thCircuit Sam R. Foster, II(Rock Hill)*
Wil Lou Gray Opportunity School (four seats)
At-large Bryan England(Murrells Inlet)
Samuel Goodwater, Jr.(Beaufort)
Charles E. Jackson(Lexington)
Wilhelmina McBride(Columbia)*
Mary F. Newman(Cayce)*
Carlisle Roddey(Chester)
Diana Taylor(Columbia)
Suzanne Turner(Gaffney)*
Winthrop University (two seats)
At-large Hugh Hadsock, Jr.(W. Columbia)
Sandra Nelson(Lancaster)
Glenda P. Owens(Charleston)
Kay Wright Rush(Lexington)
Harold P. Tuttle, Jr.(Rock Hill)*
* Incumbent
**Appointed by Governor to fill unexpired term
Respectfully submitted,
/s/Rep. Olin Phillips, Chrm. /s/Sen. Joe Wilson, V-Chrm.
/s/Rep. Curtis B. Inabinett, Sec. /s/ Sen. Warren K. Giese
/s/Rep. Lanny F. Littlejohn /s/ Sen. Maggie W. Glover
/s/Rep. Margaret Gamble /s/ Sen. James E. Bryan, Jr.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator PASSAILAIGUE introduced Dr. R. Layton McCurdy of Charleston, S.C., Doctor of the Day.
Senator PASSAILAIGUE rose for an Expression of Personal Interest.
Senator RAVENEL rose for an Expression of Personal Interest.
Senator GROOMS rose for an Expression of Personal Interest.
Senator FORD rose for an Expression of Personal Interest.
S. 291 (Word version) -- Senators Holland, Elliott, Passailaigue, McConnell, Leventis and Reese: A BILL TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS.
On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 291.
S. 529 (Word version) -- Senator Elliott: A BILL TO AMEND CHAPTER 21, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.
On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 529.
S. 1142 (Word version) -- Senators Branton, Ravenel, Grooms, Waldrep, McConnell, Peeler, Anderson, Ryberg and Bauer: A BILL TO AMEND SECTION 12-6-1170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM FIFTEEN THOUSAND DOLLARS TO SEVENTEEN THOUSAND DOLLARS.
On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 1142.
H. 3108 (Word version) -- Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham-Richardson, Littlejohn, Rice and Seithel: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE COMPOSITIOIN OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE CONTENTS OF ITS ANNUAL REPORT; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to recommit the Bill to the Committee on Judiciary, retaining its place on the Calendar.
There was no objection.
The Bill was recommitted to the Committee on Judiciary.
The following were introduced:
S. 1282 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-130, AS AMENDED, AND 38-79-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE POWERS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION AND LIMITS ON RECOVERY FOR CLAIMS MADE AGAINST A PERSON OR ENTITY INSURED BY THE ASSOCIATION SO AS TO INCREASE THE LIMITS FROM ONE HUNDRED THOUSAND DOLLARS TO TWO HUNDRED THOUSAND DOLLARS FOR EACH CLAIMANT AND FROM THREE HUNDRED THOUSAND DOLLARS TO SIX HUNDRED THOUSAND DOLLARS FOR ALL CLAIMANTS UNDER ONE POLICY IN ANY ONE YEAR; TO AMEND SECTION 38-79-250, AS AMENDED, RELATING TO OBLIGATIONS OF MEMBERS TERMINATED FROM THE ASSOCIATION, SO AS TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE ASSOCIATION; TO AMEND SECTION 38-79-260, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE ASSOCIATION, SO AS TO REDUCE THE NUMBER OF MEMBERS ON THIS BOARD FROM TWENTY-ONE TO THIRTEEN AND TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-79-430, AS AMENDED, RELATING TO CREATION OF THE BOARD OF GOVERNORS TO MANAGE AND OPERATE THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-79-450, RELATING TO FEES FOR MEMBERSHIP IN THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE MEMBERS TO PAY ANY DEFICIT OF THE FUND AND TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE FUND.
l:\council\bills\nbd\11932ac00.doc
Read the first time and ordered placed on the Calendar without reference.
S. 1283 (Word version) -- Senators Wilson, Ryberg, Setzler, Bauer and Peeler: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND DEATH OF JOSEPH DREW SMITH, AND HIS LASTING CONTRIBUTION TO BOATING SAFETY IN THE STATE OF SOUTH CAROLINA, BY NAMING THE NEW LAKE MURRAY MARINE PATROL STATION ON BUNDRICK ISLAND IN LEXINGTON COUNTY IN HIS HONOR.
l:\council\bills\dka\3821mm00.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1284 (Word version) -- Senators J. Verne Smith, Thomas, Bryan, Fair and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REPLACEMENT OVERPASS BRIDGE THAT CROSSES THE NORFOLK-SOUTHERN RAILROAD TRACKS ON SUBER ROAD IN THE CITY OF GREER IN HONOR OF THE HONORABLE LEWIS RAYMOND VAUGHN AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
l:\council\bills\pt\1986cm00.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1285 (Word version) -- Senators Wilson, Hayes, Branton, Leventis and Ravenel: A CONCURRENT RESOLUTION DESIGNATING APRIL 12, 2000, AS "SOUTH CAROLINA NATIONAL GUARD APPRECIATION DAY" IN HONOR OF THE MEN AND WOMEN PROUDLY SERVING IN THE SOUTH CAROLINA NATIONAL GUARD AND IN GRATITUDE FOR THEIR OUTSTANDING SERVICE AND MANY SACRIFICES.
l:\council\bills\swb\5123jm00.doc
The Concurrent Resolution was introduced and referred to the General Committee.
S. 1286 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF COMMISSIONERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003.
l:\s-jud\bills\mcconnell\jud0105.gfm.doc
The Concurrent Resolution was introduced and, on motion of Senator MCCONNELL, with unanimous consent, ordered placed on the Calendar without reference.
S. 1287 (Word version) -- Senator Reese: A SENATE RESOLUTION TO RECOGNIZE THE SIGNAL HONOR THAT HAS BEEN BESTOWED UPON A MEMBER OF THE SENATE AND TO CONGRATULATE OUR COLLEAGUE ON ACHIEVING THE ULTIMATE RECOGNITION FROM THE ACADEMY OF MOTION PICTURE PARTS AND PIECES.
l:\s-res\ggr\002osca.fc.doc
Whereas, the Academy of Motion Picture Parts and Pieces is an honorary professional organization composed of thousands of part-time, nearly professional and almost talented motion picture craftsmen and women; and
Whereas, the goals of the academy are to enhance the opportunities for all of the nearly professional and almost talented to advance in their craft and to foster the appropriate climate to create these opportunities; and
Whereas, the academy's recognition of outstanding achievement and its cooperation on technical research and improvement of methods and equipment which help to make the nearly professional look almost talented, thereby having a significant impact on the success of the industry; and
Whereas, the academy has provided a common forum and support structure for the nearly great as well as the great and represents the viewpoint of not only the almost talented but also the actually gifted; and
Whereas, recognition of a nearly professional actor's talents by the academy is not limited to those who have only scratched the surface of a memorable performance but also includes those who have given the caliber of performance which almost nearly meets the minimum standards of the academy; and
Whereas, receipt of the academy's award is a singular achievement of unique distinction and a mark of special merit and great charity toward one's contribution to film and the art of acting; and
Whereas, the Governing Board of Directors of the Academy of Motion Pictures Parts and Pieces has awarded the Honorable Glenn F. McConnell an Oscar in the category of "Best Actor in a Nonspeaking Part in a Movie about a Civil War Submarine named The Hunley filmed on a Wednesday afternoon somewhere south of Broad Street in Charleston, South Carolina"; and
Whereas, the academy has directed that this award be presented to Senator McConnell by his colleagues in the Senate. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate congratulate their esteemed colleague, the Honorable Glenn F. McConnell, on his stunning performance which won him an Oscar for "Best Actor in a Non-speaking Part in a Movie about a Civil War Submarine named The Hunley filmed on a Wednesday afternoon somewhere south of Broad Street in Charleston, South Carolina".
Be it further resolved that this resolution be presented to the Honorable Glenn F. McConnell.
Senator REESE spoke on the Senate Resolution.
The Senate Resolution was adopted.
H. 4499 (Word version) -- Reps. Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF THE EXISTING SIDEWALK LOCATED BETWEEN W. R. GRACE AND CO. CRYOVAC DIVISION TO HIGHLAND DRIVE IN DUNCAN, SOUTH CAROLINA, THE "HUBERT E. JONES" SIDEWALK, AND INSTALL AN APPROPRIATE MARKER OR SIGN ALONG THE SIDEWALK IN HONOR OF MR. HUBERT E. JONES WHO WAS A LOYAL EMPLOYEE OF THE CRYOVAC DIVISION FOR THIRTY-FIVE YEARS AND WHO WALKED TO AND FROM HIS WORK ALONG THIS ROUTE ON A DAILY BASIS AND WHO, THUS, WALKED OVER FIFTEEN THOUSAND MILES DURING HIS CAREER.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4754 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TANNING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2431, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
H. 4756 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 601 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN ORANGEBURG COUNTY IN HONOR OF DR. M. MACEO NANCE, JR., PRESIDENT EMERITUS OF SOUTH CAROLINA STATE UNIVERSITY, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4775 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2000 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND CHAPTER 1, TITLE 9, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, AS AMENDED, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA, ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; AND TO EXTEND ADDITIONAL EMPLOYER CONTRIBUTIONS FOR THE UNFUNDED LIABILITIES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM FOR WHATEVER PERIOD IS REQUIRED TO PAY THE ACTUARIAL COSTS INCURRED BY THESE SYSTEMS UNDER THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX SALES OF CLOTHING, CLOTHING ACCESSORIES, FOOTWEAR, SCHOOL SUPPLIES, AND COMPUTERS DURING A PERIOD BEGINNING 12:01 A.M. ON THE FIRST FRIDAY IN AUGUST AND ENDING AT TWELVE MIDNIGHT THE FOLLOWING SUNDAY, TO PROVIDE EXCEPTIONS, AND TO REQUIRE THE DEPARTMENT OF REVENUE BEFORE JULY TENTH OF EACH YEAR TO PUBLISH AND MAKE AVAILABLE TO THE PUBLIC AND RETAILERS A LIST OF THE ARTICLES QUALIFYING FOR THIS EXEMPTION; TO AMEND THE 1976 CODE BY ADDING SECTION 8-23-110 SO AS TO DIRECT THE DEFERRED COMPENSATION COMMISSION TO ENSURE THAT APPROPRIATE DEFERRED COMPENSATION PLAN DOCUMENTS ALLOW EMPLOYER CONTRIBUTIONS, TO ALLOW POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS, PARTICIPATING IN STATE DEFERRED COMPENSATION PLANS OR IN SUCH PLANS OF OTHER PROVIDERS TO MAKE EMPLOYER CONTRIBUTIONS, AND TO PROVIDE FOR MATCHING OR OTHER CONTRIBUTIONS BY THE STATE TO STATE EMPLOYEES PARTICIPATING IN SUCH PLANS TO THE EXTENT FUNDS ARE APPROPRIATED FOR THIS PURPOSE, AND TO PROVIDE THAT THE AMOUNT, TERMS, AND CONDITIONS OF THE CONTRIBUTIONS MUST BE DETERMINED BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 12-6-40, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 59-149-50, OF THE 1976 CODE, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA, AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM; TO AMEND SECTION 9-1-1795 OF THE 1976 CODE, RELATING TO AN EXCEPTION TO THE LIMITATION OF CERTAIN EARNINGS OF A RETIRED CERTIFIED TEACHER IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT LOSS OF RETIREMENT BENEFITS, SO AS TO CHANGE FROM JULY 15 TO MAY 31 OF EACH YEAR THE TIME BEFORE WHICH A MEMBER OF THE SYSTEM MAY NOT BE CONSIDERED FOR EMPLOYMENT BY A SCHOOL DISTRICT; TO AMEND SECTION 59-1-420, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO REVISE THE MANNER IN WHICH THE TEN DAYS NOT REQUIRED FOR STUDENT INSTRUCTION MUST BE USED; TO AMEND TITLE 9, OF THE 1976 CODE, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 SO AS TO ENACT THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS AND PROVIDE FOR ITS OPERATION; TO AMEND SECTION 59-149-10, OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR, THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001; TO AMEND SECTION 59-118-30, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT WHERE MATCHING STATE FUNDS ARE PROVIDED TO QUALIFYING COLLEGES AND UNIVERSITIES FOR ENDOWMENT GIFTS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING COLLEGE OR UNIVERSITY" TO INCLUDE TWO-YEAR STATE-SUPPORTED INSTITUTIONS INCLUDING COLLEGE OR UNIVERSITY REGIONAL CAMPUSES; TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE BY ONE PERCENT A YEAR THE STATE PORTION OF SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO ALLOW A COUNTY BY ORDINANCE TO EXEMPT FOOD ITEMS FROM LOCAL SALES AND USE TAXES; TO AMEND SECTION 12-6-520 OF THE 1976 CODE, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND TO FOUR PERCENT IN A YEAR, TO DELETE REDUNDANT LANGUAGE, AND TO PHASE IN THIS PROVISION OVER TWO TAXABLE YEARS; TO AMEND ARTICLE 11, CHAPTER 13, TITLE 51, OF THE 1976 CODE, RELATING TO PATRIOT'S POINT DEVELOPMENT AUTHORITY, BY ADDING SECTION 51-13-765, SO AS TO ALLOW THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO MAINTAIN SPECIAL ACCOUNTS WHICH RETAIN AND CARRY OVER CERTAIN FUNDS FROM YEAR TO YEAR, TO HOLD ALL SPECIAL ACCOUNT EARNINGS AND INTEREST FOR THE BENEFIT OF THE AUTHORITY, AND TO REQUIRE ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES FROM THESE ACCOUNTS; TO AMEND SECTION 56-3-910, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISPOSITION OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES, SO AS TO PROVIDE FOR THE CREDITING OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES AND PENALTIES NOT ALREADY CREDITED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK TO THE STATE HIGHWAY FUND BEGINNING, JULY 1, 2000; TO AMEND SECTION 56-3-2332 OF THE 1976 CODE, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS; TO AMEND SECTION 1-11-710, AS AMENDED, OF THE 1976 CODE, RELATING TO DUTIES OF THE STATE BUDGET AND CONTROL BOARD IN ESTABLISHING AND MAINTAINING THE STATE GROUP HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE PLANS, SO AS TO REQUIRE A PUBLIC HEARING BEFORE THE BOARD MAY INCREASE EMPLOYEE PAID PREMIUMS OR REDUCE BENEFITS IN THE HEALTH AND DENTAL INSURANCE PLANS, TO PROHIBIT ANY SUCH ADJUSTMENTS IN THE HEALTH AND DENTAL INSURANCE PLANS EXCEPT WHILE THE GENERAL ASSEMBLY IS MEETING IN REGULAR SESSION, AND TO ADJUST EMPLOYEE CONTRIBUTIONS, DEDUCTIBLES, AND COPAYMENTS IN THE STATE HEALTH INSURANCE PLAN EFFECTIVE JANUARY 1, 2001; TO AMEND SECTION 9-9-60, AS AMENDED, OF THE 1976 CODE, RELATING TO SERVICE RETIREMENT UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT YEARS THE AMOUNT OF SERVICE CREDIT REQUIRED TO RETIRE AT ANY AGE; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 30, TITLE 46 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO SETTLEMENT FUND INTO WHICH MONIES RECEIVED FROM THE MASTER SETTLEMENT AGREEMENT BETWEEN VARIOUS UNITED STATES TOBACCO PRODUCT MANUFACTURERS AND THE STATE OF SOUTH CAROLINA MUST BE DEPOSITED; TO DIVIDE THE FUND INTO SUBFUNDS A AND B, AND AUTHORIZE APPROPRIATIONS FROM SUBFUND A TO SUBFUND B, AND TO PROVIDE THAT THESE TOBACCO SETTLEMENT PROCEEDS BE TREATED SEPARATELY FOR ALL BUDGETARY PURPOSES.
Read the first time and referred to the Committee on Finance.
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Read the first time and referred to the Committee on Finance.
H. 4777 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS GENERAL FUND REVENUES AND TO TRANSFER TO THE GENERAL FUND OF THE STATE A PORTION OF VIDEO POKER LICENSE FEE REVENUES RETAINED BY THE DEPARTMENT OF REVENUE.
Read the first time and referred to the Committee on Finance.
H. 4778 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE FISCAL YEAR 1999-2000 SURPLUS GENERAL FUND REVENUES.
Read the first time and referred to the Committee on Finance.
H. 4829 (Word version) -- Reps. Fleming, Hayes and Wilder: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON WINNING THE 1999 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., March 23, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4689 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 12, 2000, AT 12:00 NOON 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 BOARDS 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 2000 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.
Very respectfully,
Speaker of the House
Received as information.
S. 1051 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION DESIGNATE HARPER STREET (HIGHWAY 221) SITUATED WITHIN THE CITY LIMITS OF LAURENS, SOUTH CAROLINA, AS THE PRESIDENT ANDREW JOHNSON MEMORIAL HIGHWAY AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Returned with concurrence.
Received as information.
S. 1231 (Word version) -- Senators Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 26, AND FRIDAY, OCTOBER 27, 2000, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 25, 2000, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Returned with concurrence.
Received as information.
S. 1247 (Word version) -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, WHOSE CURRENT TERMS EXPIRE AUGUST 31, 2000.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3419 (Word version) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1999"; TO DEFINE "SHOOTING RANGE" AND "SUBSTANTIAL CHANGE IN USE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.
Senator O'DELL spoke on the Bill.
H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 300 (Word version) -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.
S. 1047 (Word version) -- Senators Holland, Moore, Rankin, Ryberg and Hutto: A BILL TO AMEND SECTION 20-7-5915, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO GIVE THE DEPARTMENT THE AUTHORITY TO CLOSE A CHILD-FATALITY CASE IF A LAW ENFORCEMENT AGENCY AND CORONER DETERMINE AFTER AN INVESTIGATION THAT THE CAUSE OF DEATH IS FROM NATURAL CAUSES, AND TO MAKE OTHER REVISIONS TO THE SECTION; TO AMEND SECTION 20-7-5920, RELATING TO THE PURPOSES AND DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO GIVE THE COMMITTEE THE DUTY TO PROMOTE AND ENCOURAGE THE DEVELOPMENT OF LOCAL CHILDREN'S HEALTH AND SAFETY COUNCILS; TO AMEND SECTION 20-7-5950, RELATING TO THE CONFIDENTIALITY OF MEETINGS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF MEETINGS OF THE LOCAL COUNCILS; AND TO AMEND SECTION 20-7-5960, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE LOCAL COUNCILS.
S. 1113 (Word version) -- Senators Setzler, Land, Passailaigue, Rankin, Reese, Moore, Short, O'Dell, McGill, Saleeby, Peeler, Giese, Courson and Martin: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 TO ENACT THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS AND PROVIDE FOR ITS OPERATION.
S. 1184 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL ELECTIONS CONDUCTED BY MUNICIPAL ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE CHAIRMAN OF EACH COMMISSION MUST BE TRAINED AND CERTIFIED BY THE STATE ELECTION COMMISSION, AND TO FURTHER PROVIDE THAT THE OTHER COMMISSIONERS AND THEIR STAFFS MAY ALSO BE TRAINED AND CERTIFIED IF REQUIRED BY THE MUNICIPAL GOVERNING BODY.
S. 1195 (Word version) -- Senators Land and Hayes: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO REMOVE THE PROHIBTION AGAINST THE USE OF STATE FUNDS FOR EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
S. 1204 (Word version) -- Senators Drummond and Leventis: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT AND TO AMEND SECTIONS 9-11-10, AS AMENDED, 9-11-40, AS AMENDED, 9-11-50, AS AMENDED, 9-11-60, AS AMENDED, 9-11-70, AS AMENDED, 9-11-80, AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1850, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330 ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Senator J. VERNE SMITH explained the Bill.
On motion of Senator HAYES, with unanimous consent, the name of Senator HAYES was added as a co-sponsor of S. 1204.
S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. Verne Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (1164EMS1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. (A) The General Assembly finds that:
(1) parent involvement influences student development and learning and, therefore, should be viewed as an essential component of the public education system;
(2) parent involvement and momentum for parent participation is evident for early childhood and elementary schools but declines in middle and high schools;
(3) there does not appear to be an accountability mechanism in place to ensure support for parent involvement opportunities;
(4) there is no structured system to enable, support, and sustain parent involvement at the various levels of state, district, or school responsibility;
(5) barriers and challenges cited in research and expressed by educators and parents can be overcome through a variety of proven approaches identified in the research; and
(6) there is no state system for providing professional development to teachers and school staff in working with parents and diversity of families, and there is no system for monitoring and assessing parent involvement efforts and results.
(B) The General Assembly has, therefore, determined to enact the provisions of this act in order to:
(1) heighten awareness of the importance of parents' involvement in the education of their children and parental influence on the academic success of their children;
(2) provide state and local leadership to enable schools to implement parent involvement best practices through adoption of policy and establishment of meaningful partnerships through interactions involving family, school, and the community;
(3) provide parent involvement support, training, and resources to enable teachers and school staff to work with parents in the best interests of their children's education;
(4) encourage and induce parents to become more interested and involved in their children's education and provide greater opportunities for parent-teacher contacts;
(5) encourage employers to adopt workplace policies to enable parents to participate more fully in their children's education and in school activities; and
(6) provide for a statewide system to monitor and evaluate the results of parent involvement efforts.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Parental Involvement in Education
Article 1
General Provisions
Section 59-28-100. This chapter may be cited as the 'Parent Involvement in their Children's Education Act'.
Section 59-28-110. It is the purpose of the General Assembly in this chapter to:
(1) heighten awareness of the importance of parents' involvement in the education of their children throughout their schooling;
(2) encourage the establishment and maintenance of parent-friendly school settings; and
(3) emphasize that, when parents and schools work as partners, a child's academic success can best be assured.
Formal Framework to Encourage Increased Parent Involvement
Section 59-28-300. The Governor shall require state agencies that serve families and children to collaborate and establish networks with schools to heighten awareness of the importance of parental influence on the academic success of their children and to encourage and assist parents to become more involved in their children's education.
Section 59-28-310. The State Board of Education shall:
(1) require school and district long-range improvement plans required in Section 59-139-10 to include stated goals and objectives for parent involvement and methods for local evaluation of parent involvement efforts; and
(2) recognize those districts and schools where parent involvement significantly increases beyond stated goals and objectives.
Section 59-28-320. The State Superintendent of Education shall:
(1) enroll the Department of Education as a state member of national organizations which promote proven parent involvement frameworks, models, and practices and provide related services to state and local members;
(2) promote and encourage local school districts to join national parent involvement organizations as local members;
(3) through state leadership, promote parent involvement as a priority for all levels from pre-K through grade 12, with particular emphasis at the middle and high school levels where parent involvement is currently least visible;
(4) designate a Department of Education staff position whose specific role is to coordinate statewide initiatives to support school and district parent involvement;
(5) collect and disseminate to districts and schools practices shown by research to be effective in increasing parent involvement, including practices that are specific to grade levels, and other related elements which support parent involvement, such as the National Parent-Teacher Association standards;
(6) sponsor statewide conferences on best practices;
(7) monitor and evaluate parent involvement statewide and report results; and
(8) identify, recommend, and implement ways to integrate programs and funding for maximum benefit to enhance parent involvement.
Section 59-28-330. Each local school board of trustees shall:
(1) consider joining national organizations which promote and provide technical assistance on various proven parent involvement frameworks and models;
(2) incorporate, where possible, proven parent involvement practices into existing policies and efforts;
(3) adopt policies that emphasize the importance of parent involvement and outline clearly defined expectations for the schools in the district;
(4) require an annual briefing on district and school parent involvement programs including findings from state and local evaluations on the success of the district's and schools' efforts;
(5) include parent involvement expectations as part of the superintendent's evaluation; and
(6) provide incentives and formal recognition for schools that significantly improve or increase, or both, parent involvement, as defined by the State Board of Education.
Section 59-28-340. The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
Section 59-28-350. Each school district superintendent shall consider:
(1) designating staff to serve as parent liaison for the district to coordinate parent involvement initiatives and coordinate community and agency collaboration to support parents and families;
(2) requiring each school to designate a faculty contact for parent involvement efforts to work collaboratively with the district coordinator and network with other school faculty contacts; and
(3) requiring each school principal to designate space within the school specifically for parents which contains materials and resources on the numerous ways parents and schools can and should partner for a child's academic success.
.
Parent Involvement Training for All School Staff
Section 59-28-500. The State Board of Education shall establish criteria for training on school initiatives and activities shown by research to increase parent involvement in their children's education and require all certified and noncertified school staff persons employed by South Carolina school districts and special schools to participate in this on-going training in parent involvement best practices.
Section 59-28-510. The State Superintendent of Education shall:
(1) work with higher education institutions and the pre-K through grade 12 education community, including parent program coordinators, to design the required parent involvement and best practices training programs, which shall include:
(a) practices that are responsive to racial, ethnic, and socio-economic diversity, and are appropriate to various grade-level needs;
(b) establishment and maintenance of a parent-friendly school setting;
(c) awareness of community resources that strengthen families and assist students to succeed;
(d) other topics appropriate for fostering partnerships between parent and teacher;
(2) provide parent involvement staff development training for district and school liaisons, as needed;
(3) provide other technical assistance relating to parent involvement training to districts and schools; and
(4) work collaboratively with the Commission on Higher Education to incorporate parent involvement training into teacher preparation as a requirement for preservice and student teaching and into principal preparation, with the training to be consistent with the parent involvement training required in Section 59-28-500.
Section 59-28-520. Each local school board of trustees shall provide parent involvement orientation and the training required in Section 59-28-500 through staff development, with an emphasis on unique school and district needs, for all faculty and staff, no later than the 2002-2003 school year, and after that, on an ongoing basis as indicated by results of evaluations of district and school parental involvement practices and as required by the State Board of Education.
Parental Responsibilities for Their Children's Success
Grades Pre-K through 12
Section 59-28-700. The Education Oversight Committee shall promote the importance of parent involvement through the public awareness campaign required by the Education Accountability Act and shall include:
(1) advice for parents on how to help their children be successful in school and the importance of nurturing their children's skills and abilities;
(2) requests to employers, state agencies, entities, community groups, nonprofit organizations, and faith communities that work with children and families to distribute and display parent advice and other pertinent parent information;
(3) promotion of the benefits of increased productivity, loyalty, and sense of community which result from parent-friendly work place policies;
(4) ideas and encouragement to employers to adopt parent-friendly workplace policies and to provide information on the importance of parents to a child's academic success;
(5) recognition of businesses and employers where parent-friendly policies have been adopted; and
(6) recognition of agencies and faith communities that have supported and increased parent involvement in their children's education.
Section 59-28-710. The Education Oversight Committee and the State Superintendent of Education shall develop and publish jointly informational materials for distribution to all parents in the State whose children attend public schools and to all teachers for their use in the classroom and with parents. The informational materials for distribution shall include:
(1) a handbook or multi-media materials, or both, explaining the grade-level academic content standards and advice on how parents can help their children achieve the standards and the relationship of the standards to the Palmetto Achievement Challenge Tests (PACT); and
(2) printed information about the standards and advice relative to parent involvement in their children's education for visible display and use in every public school K-12 classroom.
Section 59-28-720. The Education Oversight Committee shall disseminate the informational materials prepared pursuant to Section 59-28-710 to all districts and schools.
Section 59-28-730. Each local school board of trustees by school year 2001-2002 shall:
(1) establish policies and support actions to increase parent involvement which bring together the teacher, the parent, and the student to discuss the academic progress of the student; and
(2) adopt policies requiring the district and schools to incorporate proven effective practices that enable parents to become more involved in the education of their children.
Increased Opportunity and Flexibility for Parent-Teacher Contacts
Section 59-28-900. Each local school district superintendent shall encourage principals to adjust class and school schedules to accommodate parent-teacher conferences at times more convenient to parents and, to the extent possible, accommodate parents in cases where transportation and normal school hours present a hardship.
Monitor and Evaluate Parent Involvement Efforts
Section 59-28-1100. The State Superintendent of Education shall monitor and conduct evaluations of school and district parent involvement programs and related components and practices as follows:
(1) design a statewide system to evaluate the effectiveness of parent involvement efforts and to identify best practices;
(2) share evaluation findings and recommendations with schools, districts, state and local agencies, higher education institutions for use in teacher preparation programs, and appropriate other state agencies and entities; and
(3) provide reports of the evaluation findings and implications to the General Assembly, State Board of Education, and Education Oversight Committee.
Section 59-28-1110. Each local school district superintendent shall:
(1) include parent involvement expectations as part of each principal's evaluation; and
(2) include information about parent involvement opportunities and participation in the district's annual report."
SECTION 3. (A) Section 59-1-420 of the 1976 Code is amended to read:
"Section 59-1-420. Notwithstanding any other provision of law, Beginning with school year 2002-2003, the statutory school term is one hundred ninety ninety-five days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten fifteen days, nine days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than three of these days may be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board.
For school years 2000-2001 and 2001-2002, the statutory school term is one hundred ninety-three days and at least one hundred eighty days must be used for student instruction. Of the remaining thirteen days, seven days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than three of these days may be used for preparation of opening and closing of schools."
SECTION 4. The Education Oversight Committee, in cooperation with representatives of the Department of Commerce, the Department of Revenue, and the South Carolina Chamber of Commerce, shall develop recommendations for employer tax credits as incentives to:
(1) provide parent employee release time for parent-teacher conferences or attendance at their children's academic-related events without loss of pay; and
(2) develop workplace policies which enable parents to improve their literacy, assist their children with academics, and become more involved in their child's education as a result of employers working with local school officials.
SECTION 5. Except as otherwise stated, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 1166 (Word version) -- Senator Alexander : A BILL TO AMEND SECTION 38-53-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL REQUIREMENTS THAT MUST BE MET AND THE EXAMINATION THAT MUST BE COMPLETED BY AN APPLICANT TO BECOME A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER, SO AS TO PROVIDE THAT A PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER WHO IS MORE THAN SIXTY YEARS OF AGE AND WHO HAS AT LEAST TWENTY YEARS OF LICENSURE IS EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENTS CONTAINED IN THIS PROVISION.
Senator ALEXANDER spoke on the Bill.
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
S. 1235 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT OR BEEN CONVICTED OF ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE CALENDAR YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (sbd\1235.1), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
/ TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT OR BEEN CONVICTED OF ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE ACADEMIC YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-104-20 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.
Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea."
SECTION 2. Section 59-113-20 of the 1976 Code is amended to read:
"Section 59-113-20. The State of South Carolina shall grant an amount as provided in this chapter to any applicant who meets the following qualifications:
(a) has been a resident of South Carolina for at least one year;
(b) is of good moral character;
(c) has demonstrated qualities of academic merit and financial need;
(d) has been accepted by or is registered in a South Carolina independent institution of higher learning as a full-time student whose academic programs are not comprised solely of sectarian instruction; and
(e) is not enrolled in a course of study leading to a degree in theology, divinity, or religious education; and
(f) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina tuition grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea."
SECTION 3. Section 59-142-10 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 59-142-10. (A) The State shall fund a need-based grant for a student who enrolls as an undergraduate in a public institution of higher learning in this State, who applies for the need-based grant, and who meets the following qualifications:
(1) meets domicile requirements as defined in Section 59-112-20 with the additional requirement of at least twelve consecutive months of residency in the State of South Carolina immediately preceding enrollment;
(2) is accepted by and enrolled or registered in a state public institution of higher learning as a first degree full-time or part-time student in a certificate, or diploma of at least one year in length, or undergraduate degree program;
(3) is of good moral character and has never been convicted of a felony; and;
(4) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and
(5) is found to be in financial need according to federal Title IV regulations.
(B) To maintain continued eligibility for the state need-based grants, once enrolled a student shall:
(1) complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve semester hours an academic year if a part-time student and make satisfactory academic progress toward a degree as determined by the institution;
(2) have no criminal record have not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and
(3) be eligible for the need-based grants for a maximum of four academic years of two semesters."
SECTION 4. Section 59-149-90(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related drug-related misdemeanor offense is ineligible only for one calendar year after the adjudication, conviction, or plea occurred nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea."
SECTION 5. This act takes effect upon approval by the Governor; however, students receiving a Palmetto Fellows Scholarships, Tuition Grants or Need-based Grants adjudicated delinquent, convicted, or plead guilty to any alcohol or drug-related misdemeanors prior to July 1, 2000, shall not be penalized under this section." /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 767 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 6, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS BY ADDING ARTICLE 3 SO AS TO PROVIDE THE SUBCONTRACTORS' AND SUPPLIERS' PAYMENT PROTECTION ACT, AND TO AMEND CHAPTER 6, TITLE 29 BY DESIGNATING SECTIONS 29-6-10 THROUGH 29-6-60 AS ARTICLE 1.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Banking and Insurance Committee proposed the following amendment (S.767.SBI), which was adopted:
Amend the bill, as and if amended, Section 29-6-250(1), page 2, by striking lines 2 and 3 and inserting:
/ a contract to improve real property, and the contract is for a sum in excess of fifty /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the committee amendment.
The committee amendment was adopted.
Senator McCONNELL proposed the following amendment (767R001.GFM), which was adopted:
Amend the bill, as and if amended, Section 29-6-250(4), page 2, line 19, after / judicial branch / by adding the following:
/ , and all local political subdivisions /
Amend the bill further, as and if amended, Section 29-6-250(4), page 2, line 22, after / Resources, / by striking the following:
/ and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts, /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 1159 (Word version) -- Senators Matthews, Holland, Passailaigue, Courtney, Patterson, Ford, Elliott, McGill, McConnell, Courson, Wilson and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Banking and Insurance Committee proposed the following amendment (S.1159.SBI), which was adopted:
Amend the bill, as and if amended, by striking the Bill in its entirety and inserting in lieu thereof the following:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO DEFINE UNFAIR TRADE PRACTICES AND MAKE UNLAWFUL CERTAIN CONDUCT RELATING TO MOTOR VEHICLE BODY REPAIR OR MOTOR VEHICLE REPAIR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 39-5-170. It is declared an unfair trade practice and unlawful for any person who is engaged in the motor vehicle body or other motor vehicle repair business (a) to offer or make any payment to any third person for such third person's referral of an insurance claimant to the motor vehicle body or other motor vehicle repair business for motor vehicle repairs; or (b) to waive, rebate, give or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the motor vehicle body or other motor vehicle repair business."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
H. 4665 (Word version) -- Rep. Klauber: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENWOOD COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
S. 1088 (Word version) -- Senators Short and Matthews: A BILL TO AMEND SECTION 20-7-9710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIRST STEPS TO READINESS BOARD OF TRUSTEES, SO AS TO ADD TO THE MEMBERSHIP THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OR HIS DESIGNEE.
S. 1140 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
S. 1234 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.
Senator SETZLER spoke on the Bill.
S. 1262 (Word version) -- Senators McConnell, Matthews, Patterson, Reese, Hayes, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH REPORTING FORMS TO DOMESTIC INSURERS; TO AMEND SECTION 38-5-90, AS AMENDED, RELATING TO REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OR LICENSE TO FOREIGN OR ALIEN INSURERS, SO AS TO DELETE THE REQUIREMENT THAT THE INSURER MUST EMPLOY PERSONS RESIDING IN THE STATE; TO AMEND SECTION 38-7-35, AS AMENDED, RELATING TO USES FOR TAX IMPOSED ON FIRE INSURERS, SO AS TO REQUIRE CERTAIN TAXES TO BE USED TO IMPLEMENT THE DIVISION OF FIRE AND LIFE SAFETY PROGRAM OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND SECTION 38-7-60, AS AMENDED, RELATING TO RETURNS OF PREMIUMS, SO AS TO PROVIDE THAT SUCH RETURNS MAY BE UNDER OATH OF AN OFFICER OF THE INSURER RATHER THAN THE INSURER'S CHIEF EXECUTIVE OFFICER; TO AMEND SECTION 38-13-80, AS AMENDED, RELATING TO ANNUAL STATEMENTS THAT MUST BE SUBMITTED BY AN INSURER, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH FORMS FOR THIS STATEMENT; TO AMEND SECTION 38-27-610, AS AMENDED, RELATING TO PRIORITY FOR THE DISTRIBUTION OF CLAIMS, SO AS TO REVISE THE PRIORITY AND TO INCLUDE CLAIMS OF THE FEDERAL GOVERNMENT, NOT OTHERWISE INCLUDED, AND TO INCLUDE CLAIMS OF GENERAL CREDITORS AND CERTAIN CLAIMS AGAINST AN INSURER FOR LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE; TO AMEND SECTION 38-33-90, AS AMENDED, RELATING TO REQUIRED REPORTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REVISE CERTAIN REPORTING REQUIREMENTS, TO REQUIRE ANNUAL FILING OF THE ANNUAL STATEMENT CONVENTION BLANK WITH A NATIONAL INSURANCE ASSOCIATION, AND TO PROVIDE IMMUNITY FROM LIABILITY TO THIS ASSOCIATION FOR COLLECTING, ANALYZING, AND DISSEMINATING THIS ANNUAL INFORMATION; TO AMEND SECTION 38-33-100, RELATING TO FINANCIAL REQUIREMENTS FOR ISSUANCE OF A HEALTH MAINTENANCE ORGANIZATION CERTIFICATE OF AUTHORITY, SO AS TO REVISE THE NET WORTH REQUIREMENT AND TO INCLUDE CERTAIN CAPITAL AND SURPLUS REQUIREMENTS; TO AMEND SECTIONS 38-45-20 AND 38-45-30, BOTH AS AMENDED, RELATING TO REQUIREMENTS FOR A RESIDENT AND NONRESIDENT, RESPECTIVELY, TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO ELIMINATE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND CERTIFICATION BY BROKERS AS THEY RELATE TO BROKER'S TAXES; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO PROCEDURES FOR PLACING INSURANCE WITH SURPLUS LINES INSURERS, SO AS TO DELETE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND PENALTIES AND PROCEDURES RELATING TO DISAPPROVAL; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO APPROVAL OF ALL INSURANCE POLICIES ISSUED OR SOLD IN THE STATE AND EXEMPTIONS FROM APPROVAL, SO AS TO REQUIRE AN OFFICER OF THE INSURER, RATHER THAN THE CHIEF EXECUTIVE OFFICER, TO CERTIFY INFORMATION WHEN POLICIES ARE EXEMPT FROM THE APPROVAL PROCESS; TO ADD SECTIONS 38-63-660, 38-65-360, 38-69-330, AND 38-71-1760 ALL SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS RELATING TO INDIVIDUAL LIFE INSURANCE, GROUP LIFE INSURANCE, INDIVIDUAL ANNUITIES, AND ACCIDENT AND HEALTH INSURANCE, RESPECTIVELY; TO AMEND SECTION 38-73-495, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DISAPPROVE PREVIOUSLY APPROVED RATES FOR WORKERS' COMPENSATION INSURANCE CLASSIFICATIONS AND REVISIONS OF THESE CLASSIFICATIONS, SO AS TO REQUIRE APPEALS OF THESE MATTERS TO THE DEPARTMENT WITHIN ONE YEAR OF THE POLICY EXPIRATION OR CANCELLATION DATE; TO AMEND SECTIONS 38-73-1370 AND 38-73-1380, BOTH AS AMENDED, RELATING TO PROCEDURES FOR RATING ORGANIZATIONS TO FILE RATES AND PREMIUMS AND FOR APPROVAL OF FINAL RATE OR PREMIUM CHARGES, RESPECTIVELY, SO AS TO ELIMINATE THE REQUIREMENT FOR A PUBLIC HEARING IN CONNECTION WITH THESE MATTERS; TO AMEND SECTION 38-75-470, RELATING TO AN ADVISORY COMMITTEE TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCLUDE AS COMMITTEE MEMBERS REPRESENTATIVES OF THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION AND THE STATE FLOOD MITIGATION PROGRAM AND TO INCREASE THE DIRECTOR'S AND GOVERNOR'S APPOINTEES BY ONE; TO AMEND SECTION 38-75-480, RELATING TO A LOSS MITIGATION GRANT PROGRAM, SO AS TO AUTHORIZE PROVIDING TECHNICAL ASSISTANCE AND INFORMATION RESOURCES TO LOCAL GOVERNMENTS IN CONNECTION WITH DEVELOPING NATURAL HAZARD MITIGATION STRATEGIES; TO AMEND SECTION 38-77-125, RELATING TO INSURANCE COMPANY INFORMATION REQUIRED TO BE INCLUDED ON AUTOMOBILE INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT RESIDENT INSURANCE ADJUSTER INFORMATION MUST ALSO BE INCLUDED; AND TO REPEAL SECTION 38-47-80 RELATING TO REQUIRING A PROPERTY OR CASUALTY INSURANCE COMPANY TO MAINTAIN A RESIDENT ADJUSTER IN THE STATE.
Senator McCONNELL spoke on the Bill.
H. 3295 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38 SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; AND TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS.
Senator McCONNELL spoke on the Bill.
H. 3914 (Word version) -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM MUST BE CALCULATED UPON THE DEPOSIT PREMIUM AND THE INSURER SHALL RETURN TO THE PREMIUM SERVICE COMPANY, FOR THE INSURED'S ACCOUNT, THE GROSS UNEARNED PREMIUM BASED UPON THE DEPOSIT PREMIUM AMOUNT.
S. 975 (Word version) -- Senators Short, Hayes, O'Dell, McGill, Passailaigue, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 TO CHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (975R001.NGS), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof:
/ SECTION 1. Chapter 125 of Title 59 of the 1976 Code is amended by adding:
Winthrop University Athletic Facilities Bonds
Section 59-125-510. (A) The General Assembly finds that it is desirable to provide continuing and general statutory authority for Winthrop University to incur debt for the purpose of, among other things, acquiring, constructing, renovating, and equipping certain athletic facilities, which debt is secured by a pledge of the revenues derived from the operation of the athletic department of Winthrop University and by the proceeds of certain related admissions fees and special fees charged to students enrolled at Winthrop University. Winthrop University has demonstrated need for additional funds to provide for acquisition, construction, renovation, and equipping of such facilities. These facilities are needed to replace or renovate aging facilities and to provide additional facilities all to the end that the educational environment at Winthrop University will be enhanced for the benefit of present and future students at Winthrop University.
(B) Consideration has been given to this need and to the methods of funding it. It has been determined to be in the best interests of the people of this State to authorize Winthrop University to acquire, construct, renovate, and equip additional such facilities and to incur indebtedness for these purposes which is payable from the revenues derived from the operation of these facilities and from related fees to the extent and under the conditions provided for in this article.
Section 59-125-520. As used in this article:
(1) 'Admissions fee' means the specially designated admissions fee or charge which may, in addition to other charges, be imposed by the trustees upon persons admitted to any event held at an athletic facility, for the purpose of providing funds to assist in the repayment of bonds.
(2) 'Athletic department' means the athletic department of Winthrop.
(3) 'Athletic facilities' means all facilities designated by the trustees as intercollegiate athletic facilities now owned or hereafter acquired by Winthrop.
(4) 'Bond' or 'bonds' means any note, bond, installment contract, or other evidence of indebtedness issued pursuant to this article.
(5) 'Bond reserve fund' means the special fund which may be established by the trustees pursuant to this article, which must be in the custody of the State Treasurer or its corporate trust designee and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds in the event that payments otherwise required from the debt service fund are insufficient to meet the payment of the principal and interest as and when they become due and payable.
(6) 'Debt service fund' means the fund established by this article for the payment of principal of and interest on bonds, which must be in the custody of the State Treasurer or its corporate trust designee.
(7) 'Net revenues' means all revenues remaining after payment of the operating and maintenance expenses of the athletic department but before provision is made for depreciation, amortization, nonmandatory transfers, and interest expenses of the athletic department for a given fiscal year.
(8) 'Revenues' means all revenues or other income, including investment income, received by the athletic department from the operation of the athletic department and the athletic facilities, and all gifts, bequests, contributions, and donations received by the trustees or Winthrop from any persons, including from any athletic booster organization, for use in connection with the operations of the athletic department, plus any other unrestricted revenues of the athletic department not otherwise pledged that may be made applicable by the trustees to the payment of the principal and interest of the bonds, including such revenues which may fall into the category of nonmandatory transfers as such term is used in generally accepted accounting principles, but excluding:
(i) gifts, bequests, contributions, and donations restricted to a particular purpose inconsistent with their use for the payment of the principal, premium, or interest on any obligations of the trustees or Winthrop;
(ii) the proceeds of any borrowings;
(iii) state appropriations of any sort; and
(iv) revenues, income, receipts, and money received by the trustees or Winthrop for purposes other than those related to the athletic department.
(9) 'Special student fee' means the fee authorized by this article to be established by the trustees and which may be imposed upon persons in attendance at any academic session of Winthrop in order to provide funds to assist in the repayment of bonds.
(10) 'State board' means the State Budget and Control Board.
(11) 'Trustees' means the Board of Trustees of Winthrop or any successor body.
(12) 'Winthrop' means Winthrop University.
Section 59-125-530. The trustees are authorized to acquire, construct, and equip additional athletic facilities and to improve, renovate, and equip existing athletic facilities to the extent they shall determine to be necessary, and the proceeds of bonds authorized by this article are made available for that purpose. The trustees also are authorized to refund bonds that may from time to time be outstanding pursuant to this article by exchange or otherwise. A portion of the proceeds of bonds issued for any of the above purposes also may be used to fund, establish, or replenish any bond reserve fund, to pay interest on the bonds as provided in Section 59-125-640(1), or to pay costs of issuance of the bonds or of any credit enhancement for the bonds as may be deemed necessary by the trustees.
Section 59-125-540. Upon receiving the approval of the state board and upon review by the Joint Bond Review Committee, the trustees may from time to time borrow such sums as necessary to accomplish the purpose of this article and to evidence such borrowings by bonds issued pursuant to this article in such aggregate principal amount as they determine, except that other provisions of this article to the contrary notwithstanding, there must not be outstanding at any time bonds issued pursuant to this article in excess of five million dollars.
Section 59-125-550. Bonds issued pursuant to this article are payable from the revenues or the net revenues as designated by the trustees, as well as from proceeds of the admissions fee and the special student fee. Bonds issued pursuant to this article may be further secured by such additional pledges of other revenues or fees of Winthrop as Winthrop may be authorized to grant pursuant to other laws of this State. The trustees may abandon the use of any portion of the athletic facilities or sell or dispose of any portion of the athletic facilities upon the receipt of a written recommendation by the chief financial officer of Winthrop to the effect that such action does not adversely affect the ability of Winthrop to discharge its obligations to the holders of bonds issued pursuant to this article and upon such further conditions as prescribed in the resolution of the trustees providing for the issuance of bonds.
Section 59-125-560. The faith and credit of the State must not be pledged for the payment of the principal and interest of such bonds, and there must be on the face of each bond a statement plainly worded to that effect. Neither the trustees nor any other person signing the bonds is personally liable therefor.
Section 59-125-570. In order to avail themselves of the authorizations set forth in this article, the trustees shall from time to time adopt resolutions providing for the issuance of bonds of Winthrop, within the limitations herein mentioned, which resolutions shall prescribe the tenor, terms, and conditions of such bonds. Such bonds must be issued as serial or term bonds, maturing in equal or unequal amounts, at such times and on such occasions as the trustees determine. The last maturing bonds of any issue must be expressed to mature not later than thirty years from their date, and the first maturing bonds of any issue, issued pursuant to this article, shall fall due within three years from their date. The bonds shall bear such rates of interest, payable on such occasion, as the trustees shall prescribe, and the bonds must be in such denominations, must be payable in such medium of payment, and at such place as such resolutions prescribe. All bonds may be issued with a provision permitting their redemption on any interest payment date prior to their respective maturities. Bonds made subject to redemption prior to their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right of redemption, in such amount or amounts as the trustees shall prescribe in the resolutions authorizing their issuance. All bonds that are subject to redemption shall contain a statement to that effect on the face of each bond. The resolutions authorizing their issuance shall contain provisions specifying the manner of call for redemption and the notice of such call that must be given.
Section 59-125-580. The bonds authorized by this article and all interest to become due thereon have the tax exempt status prescribed by Section 12-2-50.
Section 59-125-590. It is lawful for all executors, administrators, guardians, and fiduciaries, all sinking fund commissions, the state board, as trustee of the South Carolina Retirement System, and all other governmental entities within the State to invest any monies in their hands in such bonds.
Section 59-125-600. The bonds and the coupons, if any, attached to such bonds, must be executed manually or by facsimile in the name of Winthrop in such manner and by such persons as the trustees shall from time to time determine, and the seal of Winthrop must be affixed to, or impressed, or reproduced on each bond. Any coupons attached to such bonds must be authenticated by the facsimile signature of one or more of the persons signing the bonds. Such bonds may, in the discretion of the trustees, be registerable as to principal and interest on books kept therefor by or on behalf of Winthrop, including by a corporate registrar. The delivery of the bonds so executed are valid notwithstanding changes in officers or in the seal occurring after such execution. Notwithstanding the foregoing, the bonds may, in the discretion of the trustees, be issued as fully registered, noncertificated, book-entry securities.
Section 59-125-610. The bonds may be disposed of in such manner as the trustees shall determine, except that no privately negotiated sale without public advertisement may be made without the prior approval of the state board. The bonds may be sold at such discount or for such premium as may be determined by the trustees or their designee as being in the best interest of Winthrop.
Section 59-125-620. The proceeds of all bonds must be delivered to the State Treasurer or its corporate trust designee and retained in a special fund or funds and applied solely to the purposes for which such bonds have been issued. Withdrawals from the fund must be made on the order or requisition of the university and must be in such form as the State Treasurer shall prescribe. The State Treasurer may make temporary investments of funds derived from the proceeds of bonds in the manner prescribed by law.
Section 59-125-630. To the end that provisions be made for the adequate payment of the principal of and interest on the bonds:
(1)(a) The trustees shall maintain in full force and effect any necessary admissions fees or special student fee on a basis and in such amounts as will be sufficient, after taking into account net revenues and any other funds pledged to the payment of the bonds as provided under Section 59-125-640(4), to provide for the payment of the principal of and interest on the bonds as the same mature and to provide the required reserve therefor in any bond reserve fund. It is the duty of Winthrop to calculate the debt service requirements of the bonds not less frequently than annually and, if required at such time, appropriate revisions of any admissions fees or special student fee must be made by the trustees if such revisions are required, after taking into account net revenues for the year, to make adequate provisions for the payment of the principal of and interest on the bonds and the maintenance of any required reserve in a bond reserve fund.
(b) The admissions fees and the special student fee, if any, must bear such nomenclature as the trustees shall prescribe. The special student fee may, in the discretion of the trustees, be included as a part of any other fee. The trustees shall account for the receipt from any admissions fees and special student fee to the State Treasurer, for deposit by the State Treasurer in the debt service fund.
(2) The trustees shall cause to be established with the State Treasurer or its corporate trust designee on or before the occasion of the delivery of any bonds pursuant to this article, a debt service fund into which must be deposited annually sufficient funds as provided in this article to meet the payment of principal of and interest on the bonds for such year.
Section 59-125-640. To the end that the payment of the principal of and interest on the bonds authorized hereby are adequately secured, the trustees are empowered in their discretion:
(1) to issue bonds in such amount, within the limitations herein provided for, as the trustees consider necessary, it is lawful for the trustees to use a portion of the principal proceeds derived from any sale of bonds, except bonds issued to effect refunding of outstanding bonds, to meet the payment of interest on such bonds for a period equal to the period of construction or renovation of the athletic facilities to be financed with the proceeds of such bonds, plus a period not exceeding six months, it being recognized by the General Assembly, that until the athletic facilities to be constructed or renovated with the proceeds of the bonds are completed, an undue burden may be imposed upon then existing revenues or other sources of payment of the bonds;
(2) to impose admissions fees and a special student fee upon such basis and in such amounts as the trustees shall determine;
(3) to pledge the revenues or the net revenues as designated by the trustees, and the proceeds of any admissions fees and special student fee, as security for the payment of such bonds, whether then or thereafter to be existing. However, any surplus of such revenues or net revenues available after the payment of costs of operation and maintenance of the athletic department and of athletic facilities and of debt service on such bonds, and the establishment of any debt service reserve obligation in a bond reserve fund under the proceedings providing for the issuance of such bonds, may be placed in a contingency and improvement fund for athletic facilities in order to restore depreciated or obsolete athletic facilities, to make improvements to such athletic facilities, to defray the cost of unforeseen contingencies with regard to such athletic facilities, to prevent defaults under such bonds or to redeem any of such bonds, or may be reflected in the opening balance of the operating fund of the department for the next succeeding fiscal year and used for any purpose approved by the trustees;
(4) to further secure the bonds with a pledge of any additional revenues or fees of Winthrop as may be authorized under other laws of the State;
(5) to specify and limit the athletic facilities which may be made use of free of charge;
(6) to covenant to establish and maintain such system of rules as will ensure the continuous and effective use of the athletic facilities;
(7) to covenant that an adequate schedule of rates and charges for attendance at events held at any athletic facilities will be maintained, and that net athletic revenues plus any proceeds of the admissions fees and the special student fee will be sufficient to:
(a) pay the cost of operating and maintaining the athletic department and the athletic facilities, including the cost of fire, extended coverage and use, and occupancy insurance;
(b) pay the principal and interest of the bonds as they respectively become due;
(c) provide any necessary debt service coverage ratios;
(d) create and maintain any bond reserve fund established to meet the payment of principal and interest of any of the bonds; and
(e) create and at all times maintain an adequate reserve for contingencies and for major repairs and replacement of athletic facilities;
(8) to covenant against the mortgaging or disposing of the athletic facilities and against permitting or suffering any lien to be created thereon, equal or superior to any lien created thereon for the benefit of the holders of such bonds. However, the trustees reserve the right, under such terms as they shall prescribe, to issue additional bonds on a parity with, or subordinate to, the bonds authorized by this article;
(9) to covenant as to the use of the proceeds derived from the sale of any bonds issued pursuant to this article;
(10) to provide for the terms, form, registration, exchange, execution, and authentication of bonds, and for the replacement of lost, destroyed, or mutilated bonds;
(11) to make covenants with respect to the operation of the athletic department and the athletic facilities;
(12) to covenant that all revenues or net revenues pledged for the payment of the bonds must be duly segregated into special funds and that such funds will be used solely for the purposes for which they are intended and for no other purpose;
(13) to covenant for the mandatory redemption of bonds on such terms and conditions as the resolutions authorizing such bonds shall prescribe;
(14) to provide for early defeasance of bonds through the establishment of special escrow accounts maintained by a corporate trustee, which may be the State Treasurer, of cash, or United States Government obligations, or obligations of agencies thereof, which escrows may be funded with proceeds of bonds issued hereunder or revenues or net revenues or other funds available to Winthrop;
(15) to prescribe the procedure, if any, by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent thereto, and the manner in which consent shall be given;
(16) to covenant as to the maintenance of the athletic facilities, the insurance to be carried thereon, and the use and disposition of proceeds from any insurance policy;
(17) to prescribe the events of default and the terms and conditions upon which all or any bonds become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived;
(18) to impose a statutory lien upon any athletic facilities as security for the payment of the bonds. The lien shall extend to such athletic facilities, to their appurtenances and extensions, to their additions, improvements, and enlargements to the extent specified in the resolutions and shall inure to the benefit of the holders of the bonds secured thereby. These athletic facilities shall remain subject to such statutory lien until the payment in full of the principal and interest of the bonds. Any holder of any of the bonds, or any of the coupons representing interest thereon, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce the statutory lien, and may, by suit, action, mandamus, or other proceedings enforce and compel performance of all duties of the trustees, including the fixing of sufficient rates, the proper segregation of the revenues, and the proper application thereof. However, the statutory lien must not be construed to give any such bond or coupon holder authority to compel the sale of any of the athletic facilities or any part thereof;
(19) to covenant that, if there be any default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer and operate the athletic department, with power to fix rates and charges for athletic facilities and other activities of the athletic department, and to apply the income and revenues of the athletic department to the payment of such bonds and the interest thereon;
(20) to establish on or before the occasion of the delivery of any bonds issued pursuant to this article a bond reserve fund and to cause the same to be maintained by the State Treasurer or its corporate trustee designee, and to that end, the trustees are empowered to utilize any monies available for the funding of any such bond reserve fund, including revenues or net revenues previously accumulated prior to the issuance of bonds or available proceeds of the admissions fee or the special student fee. In the discretion of the trustees, in lieu of cash, such a bond reserve fund may be funded with a surety bond, insurance policy, letter of credit, line of credit, or similar guarantee. At the discretion of the trustees, Winthrop may purchase an insurance policy ensuring payment of both principal and interest on any issuance of bonds hereunder;
(21) with the consent of the State Treasurer, to appoint a corporate trustee and a paying agent for the bondholders, either of whom may be the State Treasurer, and to prescribe the manner in which revenues or net revenues, as well as proceeds of admissions fees and special student fees shall be utilized and disposed of. Any such corporate trustee shall serve in a fiduciary capacity as trustee for the bondholders under the resolutions of the trustees authorizing the issuance of bonds.
Section 59-125-650. The authorizations granted by this article must remain of full force and effect until they are rescinded by subsequent enactment, and no time limit is set for the issuance of bonds pursuant to this article."
SECTION 2. A. Sections 59-121-10 through 59-121-80 of the 1976 Code are designated Article 1, Chapter 121 of Title 59 and titled "General Provisions".
B. Chapter 121, Title 59 of the 1976 Code is amended by adding:
Citadel Athletic Facilities Bonds
Section 59-121-310. (A) The General Assembly finds that it is desirable to provide continuing and general statutory authority for The Citadel to incur debt for the purpose of, among other things, acquiring, constructing, renovating, and equipping certain athletic facilities, which debt is secured by a pledge of the revenues derived from the operation of the athletic department of The Citadel and by the proceeds of certain related admissions fees and special fees charged to students enrolled at The Citadel. The Citadel has demonstrated need for additional funds to provide for acquisition, construction, renovation, and equipping of such facilities. These facilities are needed to replace or renovate aging facilities and to provide additional facilities all to the end that the educational environment at The Citadel will be enhanced for the benefit of present and future students at The Citadel.
(B) Consideration has been given to this need and to the methods of funding it. It has been determined to be in the best interests of the people of this State to authorize The Citadel to acquire, construct, renovate, and equip additional such facilities and to incur indebtedness for these purposes which is payable from the revenues derived from the operation of these facilities and from related fees to the extent and under the conditions provided for in this article.
Section 59-121-320. As used in this article:
(1) 'Admissions fee' means the specially designated admissions fee or charge which may, in addition to other charges, be imposed by the visitors upon persons admitted to any event held at an athletic facility, for the purpose of providing funds to assist in the repayment of bonds.
(2) 'Athletic department' means the athletic department of The Citadel.
(3) 'Athletic facilities' means all facilities designated by the visitors as intercollegiate athletic facilities now owned or hereafter acquired by The Citadel.
(4) 'Bond' or 'bonds' means any note, bond, installment contract, or other evidence of indebtedness issued pursuant to this article.
(5) 'Bond reserve fund' means the special fund which may be established by the visitors pursuant to this article, which must be in the custody of the State Treasurer or its corporate trust designee and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds in the event that payments otherwise required from the debt service fund are insufficient to meet the payment of the principal and interest as and when they become due and payable.
(6) 'Citadel' means The Citadel, the Military College of South Carolina.
(7) 'Debt service fund' means the fund established by this article for the payment of principal of and interest on bonds, which must be in the custody of the State Treasurer or its corporate trust designee.
(8) 'Net revenues' means all revenues remaining after payment of the operating and maintenance expenses of the athletic department but before provision is made for depreciation, amortization, nonmandatory transfers, and interest expenses of the athletic department for a given fiscal year.
(9) 'Revenues' means all revenues or other income, including investment income, received by the athletic department from the operation of the athletic department and the athletic facilities, and all gifts, bequests, contributions, and donations received by the visitors or The Citadel from any persons, including from any athletic booster organization, for use in connection with the operations of the athletic department, plus any other unrestricted revenues of the athletic department not otherwise pledged that may be made applicable by the visitors to the payment of the principal and interest of the bonds, including such revenues which may fall into the category of nonmandatory transfers as such term is used in generally accepted accounting principles, but excluding:
(i) gifts, bequests, contributions, and donations restricted to a particular purpose inconsistent with their use for the payment of the principal, premium, or interest on any obligations of the visitors or The Citadel.
(ii) the proceeds of any borrowings;
(iii) state appropriations of any sort; and
(iv) revenues, income, receipts, and money received by the visitors or The Citadel for purposes other than those related to the athletic department.
(10) 'Special student fee' means the fee authorized by this article to be established by the visitors and which may be imposed upon persons in attendance at any academic session of The Citadel in order to provide funds to assist in the repayment of bonds.
(11) 'State board' means the State Budget and Control Board.
(12) 'Visitors' means the Board of Visitors of The Citadel or any successor body.
Section 59-121-330. The visitors are authorized to acquire, construct, and equip additional athletic facilities and to improve, renovate, and equip existing athletic facilities to the extent they shall determine to be necessary, and the proceeds of bonds authorized by this article are made available for that purpose. The visitors also are authorized to refund bonds that may from time to time be outstanding pursuant to this article by exchange, or otherwise. A portion of the proceeds of bonds issued for any of the above purposes also may be used to fund, establish, or replenish any bond reserve fund, to pay interest on the bonds as provided in Section 59-121-440(1), or to pay costs of issuance of the bonds or of any credit enhancement for the bonds as may be deemed necessary by the visitors.
Section 59-121-340. Upon receiving the approval of the state board and upon review by the Joint Bond Review Committee, the visitors may from time to time borrow such sums as necessary to accomplish the purpose of this article and to evidence such borrowings by bonds issued pursuant to this article in such aggregate principal amount as they determine, except that other provisions of this article to the contrary notwithstanding, there must not be outstanding at any time bonds issued pursuant to this article in excess of thirty-five million dollars.
Section 59-121-350. Bonds issued pursuant to this article are payable from the revenues or the net revenues as designated by the visitors, as well as from proceeds of the admissions fee and the special student fee. Bonds issued pursuant to this article may be further secured by such additional pledges of other revenues or fees of The Citadel as The Citadel may be authorized to grant pursuant to other laws of this State. The trustees may abandon the use of any portion of the athletic facilities or sell or dispose of any portion of the athletic facilities upon the receipt of a written recommendation by the chief financial officer of The Citadel to the effect that such action does not adversely affect the ability of The Citadel to discharge its obligations to the holders of bonds issued pursuant to this article and upon such further conditions as prescribed in the resolution of the visitors providing for the issuance of bonds.
Section 59-121-360. The faith and credit of the State must not be pledged for the payment of the principal and interest of such bonds, and there must be on the face of each bond a statement plainly worded to that effect. Neither the visitors nor any other person signing the bonds is personally liable therefor.
Section 59-121-370. In order to avail themselves of the authorizations set forth in this article, the visitors shall from time to time adopt resolutions providing for the issuance of bonds of The Citadel, within the limitations herein mentioned, which resolutions shall prescribe the tenor, terms, and conditions of such bonds. Such bonds must be issued as serial or term bonds, maturing in equal or unequal amounts, at such times and on such occasions as the visitors determine. The last maturing bonds of any issue must be expressed to mature not later than thirty years from their date, and the first maturing bonds of any issue, issued pursuant to this article, shall fall due within three years from their date. The bonds shall bear such rates of interest, payable on such occasion, as the visitors shall prescribe, and the bonds must be in such denominations, must be payable in such medium of payment, and at such place as such resolutions prescribe. All bonds may be issued with a provision permitting their redemption on any interest payment date prior to their respective maturities. Bonds made subject to redemption prior to their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right of redemption, in such amount or amounts as the visitors shall prescribe in the resolutions authorizing their issuance. All bonds that are subject to redemption shall contain a statement to that effect on the face of each bond. The resolutions authorizing their issuance shall contain provisions specifying the manner of call for redemption and the notice of such call that must be given.
Section 59-121-380. The bonds authorized by this article and all interest to become due thereon have the tax exempt status prescribed by Section 12-2-50.
Section 59-121-390. It is lawful for all executors, administrators, guardians, and fiduciaries, all sinking fund commissions, the state board, as trustee of the South Carolina Retirement System, and all other governmental entities within the State to invest any monies in their hands in such bonds.
Section 59-121-400. The bonds and the coupons, if any, attached to such bonds, must be executed manually or by facsimile in the name of The Citadel in such manner and by such persons as the visitors shall from time to time determine, and the seal of The Citadel must be affixed to, or impressed, or reproduced on each bond. Any coupons attached to such bonds must be authenticated by the facsimile signature of one or more of the persons signing the bonds. Such bonds may, in the discretion of the visitors, be registerable as to principal and interest on books kept therefor by or on behalf of The Citadel, including by a corporate registrar. The delivery of the bonds so executed are valid notwithstanding changes in officers or in the seal occurring after such execution. Notwithstanding the foregoing, the bonds may, in the discretion of the visitors, be issued as fully registered, noncertificated, book-entry securities.
Section 59-121-410. The bonds may be disposed of in such manner as the visitors shall determine, except that no privately negotiated sale without public advertisement may be made without the prior approval of the state board. The bonds may be sold at such discount or for such premium as may be determined by the visitors or their designee as being in the best interest of The Citadel.
Section 59-121-420. The proceeds of all bonds must be delivered to the State Treasurer or its corporate trust designee and retained in a special fund or funds and applied solely to the purposes for which such bonds have been issued. Withdrawals from the fund must be made on the order or requisition of The Citadel and must be in such form as the State Treasurer shall prescribe. The State Treasurer may make temporary investments of funds derived from the proceeds of bonds in the manner prescribed by law.
Section 59-121-430. To the end that provisions be made for the adequate payment of the principal of and interest on the bonds:
(1)(a) The visitors shall maintain in full force and effect any necessary admission fees or special student fee on a basis and in such amounts as will be sufficient, after taking into account net revenues and any other funds pledged to the payment of the bonds as provided under Section 59-121-440(4), to provide for the payment of the principal of and interest on the bonds as the same mature and to provide the required reserve therefor in any bond reserve fund. It is the duty of The Citadel to calculate the debt service requirements of the bonds not less frequently than annually and, if required at such time, appropriate revisions of any admissions fees or special student fee must be made by the visitors if such revisions are required, after taking into account net revenues for the year, to make adequate provisions for the payment of the principal of and interest on the bonds and the maintenance of any required reserve in a bond reserve fund.
(b) The admissions fees and the special student fee, if any, must bear such nomenclature as the visitors shall prescribe. The special student fee may, in the discretion of the visitors, be included as a part of any other fee. The visitors shall account for the receipt from any admissions fees and special student fee to the State Treasurer, for deposit by the State Treasurer in the debt service fund.
(2) The visitors shall cause to be established with the State Treasurer or its corporate trust designee on or before the occasion of the delivery of any bonds pursuant to this article, a debt service fund into which must be deposited annually sufficient funds as provided in this article to meet the payment of principal of and interest on the bonds for such year.
Section 59-121-440. To the end that the payment of the principal of and interest on the bonds authorized hereby are adequately secured, the visitors are empowered in their discretion:
(1) to issue bonds in such amount, within the limitations herein provided for, as the visitors consider necessary, it is lawful for the visitors to use a portion of the principal proceeds derived from any sale of bonds, except bonds issued to effect refunding of outstanding bonds, to meet the payment of interest on such bonds for a period equal to the period of construction or renovation of the athletic facilities to be financed with the proceeds of such bonds, plus a period not exceeding six months, it being recognized by the General Assembly, that until the athletic facilities to be constructed or renovated with the proceeds of the bonds are completed, an undue burden may be imposed upon then existing revenues or other sources of payment of the bonds;
(2) to impose admissions fees and a special student fee upon such basis and in such amounts as the visitors shall determine;
(3) to pledge the revenues or the net revenues as designated by the visitors, and the proceeds of any admissions fees and special student fee, as security for the payment of such bonds, whether then or thereafter to be existing. However, any surplus of such revenues or net revenues available after the payment of costs of operation and maintenance of the athletic department and of athletic facilities and of debt service on such bonds, and the establishment of any debt service reserve obligation in a bond reserve fund under the proceedings providing for the issuance of such bonds, may be placed in a contingency and improvement fund for athletic facilities in order to restore depreciated or obsolete athletic facilities, to make improvements to such athletic facilities, to defray the cost of unforeseen contingencies with regard to such athletic facilities, to prevent defaults under such bonds or to redeem any of such bonds, or may be reflected in the opening balance of the operating fund of the department for the next succeeding fiscal year and used for any purpose approved by the visitors;
(4) to further secure the bonds with a pledge of any additional revenues or fees of The Citadel as may be authorized under other laws of the State;
(5) to specify and limit the athletic facilities which may be made use of free of charge;
(6) to covenant to establish and maintain such system of rules as will ensure the continuous and effective use of the athletic facilities;
(7) to covenant that an adequate schedule of rates and charges for attendance at events held at any athletic facilities will be maintained, and that net athletic revenues plus any proceeds of the admissions fees and the special student fee will be sufficient to:
(a) pay the cost of operating and maintaining the athletic department and the athletic facilities, including the cost of fire, extended coverage and use, and occupancy insurance;
(b) pay the principal and interest of the bonds as they respectively become due;
(c) provide any necessary debt service coverage ratios;
(d) create and maintain any bond reserve fund established to meet the payment of principal and interest of any of the bonds; and
(e) create and at all times maintain an adequate reserve for contingencies and for major repairs and replacement of athletic facilities;
(8) to covenant against the mortgaging or disposing of the athletic facilities and against permitting or suffering any lien to be created thereon, equal or superior to any lien created thereon for the benefit of the holders of such bonds. However, the visitors reserve the right, under such terms as they shall prescribe, to issue additional bonds on a parity with, or subordinate to, the bonds authorized by this article;
(9) to covenant as to the use of the proceeds derived from the sale of any bonds issued pursuant to this article;
(10) to provide for the terms, form, registration, exchange, execution, and authentication of bonds, and for the replacement of lost, destroyed, or mutilated bonds;
(11) to make covenants with respect to the operation of the athletic department and the athletic facilities;
(12) to covenant that all revenues or net revenues pledged for the payment of the bonds must be duly segregated into special funds and that such funds will be used solely for the purposes for which they are intended and for no other purpose;
(13) to covenant for the mandatory redemption of bonds on such terms and conditions as the resolutions authorizing such bonds shall prescribe;
(14) to provide for early defeasance of bonds through the establishment of special escrow accounts maintained by a corporate trustee, which may be the State Treasurer, of cash, or United States Government obligations, or obligations of agencies thereof, which escrows may be funded with proceeds of bonds issued hereunder or revenues or net revenues or other funds available to The Citadel;
(15) to prescribe the procedure, if any, by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent thereto, and the manner in which consent shall be given;
(16) to covenant as to the maintenance of the athletic facilities, the insurance to be carried thereon, and the use and disposition of proceeds from any insurance policy;
(17) to prescribe the events of default and the terms and conditions upon which all or any bonds become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived;
(18) to impose a statutory lien upon any athletic facilities as security for the payment of the bonds. The lien shall extend to such athletic facilities, to their appurtenances and extensions, to their additions, improvements, and enlargements to the extent specified in the resolutions and shall inure to the benefit of the holders of the bonds secured thereby. These athletic facilities shall remain subject to such statutory lien until the payment in full of the principal and interest of the bonds. Any holder of any of the bonds, or any of the coupons representing interest thereon, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce the statutory lien, and may, by suit, action, mandamus, or other proceedings enforce and compel performance of all duties of the visitors, including the fixing of sufficient rates, the proper segregation of the revenues, and the proper application thereof. However, the statutory lien must not be construed to give any such bond or coupon holder authority to compel the sale of any of the athletic facilities or any part thereof;
(19) to covenant that, if there be any default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer and operate the athletic department, with power to fix rates and charges for athletic facilities and other activities of the athletic department, and to apply the income and revenues of the athletic department to the payment of such bonds and the interest thereon;
(20) to establish on or before the occasion of the delivery of any bonds issued pursuant to this article a bond reserve fund and to cause the same to be maintained by the State Treasurer or its corporate trustee designee, and to that end, the visitors are empowered to utilize any monies available for the funding of any such bond reserve fund, including revenues or net revenues previously accumulated prior to the issuance of bonds or available proceeds of the admissions fee or the special student fee. In the discretion of the visitors, in lieu of cash, such a bond reserve fund may be funded with a surety bond, insurance policy, letter of credit, line of credit, or similar guarantee. At the discretion of the visitors, The Citadel may purchase an insurance policy ensuring payment of both principal and interest on any issuance of bonds hereunder;
(21) with the consent of the State Treasurer, to appoint a corporate trustee and a paying agent for the bondholders, either of whom may be the State Treasurer, and to prescribe the manner in which revenues or net revenues, as well as proceeds of admissions fees and special student fees shall be utilized and disposed of. Any such corporate trustee shall serve in a fiduciary capacity as trustee for the bondholders under the resolutions of the visitors authorizing the issuance of bonds.
Section 59-121-450. The authorizations granted by this article must remain of full force and effect until they are rescinded by subsequent enactment, and no time limit is set for the issuance of bonds pursuant to this article."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 962 (Word version) -- Senators Moore, J. Verne Smith and Alexander: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (S-962 AMENDMENT1) , which was adopted:
Amend the bill, as and if amended, Section 40-22-60(B), page 33, by striking lines 12-13 and inserting:
/(B) The board may promulgate regulations defining the requirements for licensure for each of the surveying/
Amend further, Section 40-22-225(B)(1), page 40 by striking line 37 and inserting:
/the equivalent in quarter hours of surveying, mapping, photogrammetry, remote sensing, or geographic information systems courses/
Amend further, Section 40-22-225(B)(2), page 41, by striking line 5 and inserting:
/surveying, mapping, photogrammetry, remote sensing, or geographic information systems of not less than twelve semester hours or/
Amend further, Section 40-22-225(C)(1), page 41, by striking line 28 and inserting:
/in surveying, mapping, photogrammetry, remote sensing, or geographic information systems of not less than twelve semester hours or/
Amend further, Section 40-22-225(C)(2), page 41, by striking line 40 and inserting:
/surveying, mapping, photogrammetry, remote sensing, or geographic information systems of not less than twelve semester hours or/
Amend further, Section 40-22-225(D)(1), page 42, by striking line 15 and inserting:
/quarter hours of surveying, mapping, hydraulics, hydrology, photogrammetry, remote sensing, or geographic information systems/
Amend further, Section 40-22-225(D)(1), page 42 by striking line 20 and inserting:
/quarter hours of surveying, mapping, hydraulics, hydrology, photogrammetry, remote sensing, or geographic information systems/
Amend further, Section 40-22-270(1) page 48, by striking line 36 and inserting:
/July 1, 2001, which may have the legend 'Registered Professional/
Amend further, Section 40-22-290(9), page 52, by striking line 36 and inserting:
/property tax mapping, remote sensing, and implementation and maintenance of a/
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
Senators MOORE, J. VERNE SMITH and LEVENTIS proposed the following amendment (S-962 AMENDMENT3), which was adopted:
Amend the bill, as and if amended, Section 40-22-20(23), page 29 by striking lines 15-43 and page 30 by striking lines 1-11 and inserting:
/(23) 'Practice of TIER A land surveying' means providing professional services including, but not limited to, consultation investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, the space above the earth, or part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, site plan, report, description, or project. The practice of TIER A land surveying consists of three separate disciplines: land boundary surveying, photogrammetry, and geographic information systems/land information systems (GIS/LIS). A land surveyor may be licensed in one or more of the disciplines and practice is restricted to only the discipline or disciplines for which the land surveyor is licensed. The practice of TIER A land surveying does not include the use of the GIS or LIS to create maps pursuant to Section 40-22-290, analyze data, or create reports. The scope of the individual disciplines are identified as follows:
(a) Land Boundary Surveyor:
(1) locates, relocates, establishes, re-establishes, lays out, or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation of any fixed works embraced within the practice of land surveying, or makes any survey for the subdivision of land;
(2) determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces such monument or reference; determines the topographic configuration or contour of the earth's surface with terrestrial measurements; conducts hydrographic surveys;
(3) conducts geodetic surveying which includes surveying for determination of geographic position in an international three-dimensional coordinate system, where the curvature of the earth must be taken into account when determining directions and distances; geodetic surveying includes the use of terrestrial measurements of angles and distances, as well as measured ranges to artificial satellites.
(b) A photogrammetric surveyor determines the configuration or contour of the earth's surface or the position of fixed objects thereon by applying the principles of mathematics on remotely sensed data, such as photogrammetry.
(c) A geographic information systems/land information systems mapper creates, prepares, or modifies electronic or computerized data including land information systems and geographic information systems relative to the performance of the activities described in subitems (a) and (b) above.
Amend further Section 40-22-20(24), page 30, by striking lines 12-21 and inserting:
/(24) 'Practice of TIER B land surveying' includes all rights and privileges of the TIER A land boundary surveying discipline defined in Section 40-22-20(23)(a); and in addition to these rights and privileges, TIER B land surveying includes, for subdivisions, preparing and furnishing subdivision plans for sedimentation and erosion control and storm drainage systems, if the systems do not require the structural design of system components and are restricted to the use, where relevant, of any standards prescribed by local, state, or federal authorities. Regulations defining the scope of the additional powers granted to TIER B land surveyors must be promulgated by the board.
Amend further Section 40-22-20(28), page 30, by striking line 37 and inserting:
/qualified to practice any discipline of TIER A or TIER B land surveying in this/
Amend further Section 40-22-60(B), page 33, by striking lines 12-13 and inserting:
/(B) The board may promulgate regulations defining the requirements for licensure for each of the surveying/
Amend further Section 40-22-225(B), page 40, by striking lines 32-43 and page 41, by striking lines 1-11 and inserting:
/(1) graduation from a school or college of four or more years with a board-approved bachelor of science degree or an ABET commission accredited curriculum in a related field or a substantially equivalent program including in the curriculum not less than twelve semester hours or the equivalent in quarter hours of discipline-specific courses satisfactory to the board in each of the disciplines described in Section 40-22-20(23) for which the applicant is requesting licensure, a specific record of one or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing registered professional land surveyor and has passed the written or electronic examinations in the Fundamentals of Land Surveying as prescribed by the board; or
(2) graduation from a school or college of two years or more with an associate degree in a TAC/ABET commission accredited curriculum of engineering technology, land surveying, or a substantially equivalent program including completed discipline-specific courses satisfactory to the board of not less than twelve semester hours or the equivalent in quarter hours in each of the disciplines described in Section 40-22-20(23) for which the applicant is requesting licensure, a specific record of three years or more of progressive practical experience of a character satisfactory to the board and performed under a practicing professional land surveyor, and has passed the written or electronic examinations in the Fundamentals of Land Surveying as prescribed by the board.
(3) On July 1, 2010, Section 40-22-225(B)(2) will be void./
Amend further, Section 40-22-225(C), page 41, by striking lines 23-43 and page 42, by striking lines 1-5 and inserting:
/ (1) graduation from a school or college of four or more years with a board-approved bachelor of science degree or an ABET commission accredited curriculum in a related field or a substantially equivalent program, including completed discipline-specific courses of not less than twelve semester hours or the equivalent in quarter hours satisfactory to the board in each of the disciplines described in Section 40-22-20(23) for which the applicant is requesting licensure, a specific record of four or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing registered professional land surveyor, and passing of the Fundamentals of Land Surveying examinations and the written or electronic examinations in the Principles and Practices of TIER A Land Surveying in the discipline for which the applicant is requesting licensure as prescribed by the board; or
(2) graduation from a school or college of two or more years with an associate degree in a TAC/ABET Commission accredited curriculum of engineering technology, land surveying, or a substantially equivalent program, including completed discipline-specific courses of not less than twelve semester hours or the equivalent in quarter hours satisfactory to the board, a specific record of four or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing professional land surveyor, and passing of the Land Surveyor-in-Training Fundamentals of Land Surveying Examinations and the written or electronic examinations in the Principles and Practices of TIER A Land Surveying in the disciplines for which the applicant is requesting licensure as prescribed by the board.
(3) On July 1, 2010, Section 40-22-225(C)(2) will be void./
Amend further, Section 40-22-225(D)(1), page 42, by striking lines 21-27 and inserting:
/courses satisfactory to the board, a specific record of four or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing registered land surveyor, and passing of the Land Surveyor-in-Training Fundamentals of Land Surveying examinations and the written or electronic examinations in the Principles and Practices of TIER A and TIER B Land Boundary Surveying as prescribed by the board./
Amend further, Section 40-22-225(E), page 42, by striking lines 31-32 and inserting:
/(E) As of June 30, 2001, a person who has been practicing land surveying pursuant to Section 40-22-20(23)(a)(3), (b), or (c) with at/
Amend further, Section 40-22-225(E), page 43, by striking line 3 and inserting:
/a minimum of three of the required years of experience;
(d) photogrammetrists with seven years experience and a high school diploma or the equivalent as of June 30, 2001, meet the education and experience requirements for licensure; or
(e) any licensee qualifying under Section 40-22-225(E) is restricted to practice within their specific discipline, disciplines, or sub-discipline./
Amend further Section 40-22-225(E), page 43, by striking line 6 and inserting:
/projects, practicing within the United States including itemized/
Amend further, Section 40-22-225(E), page 43 by striking lines 18-22 and inserting:
/ (4) application is filed with the board before July 1, 2004. After June 30, 2004, no geodetic surveyor, photogrammetric surveyor, remote sensing surveyor, or GIS mapper may be licensed without meeting the requirements for education, length of experience, testing, or reciprocity criteria pursuant to this chapter.
/(F) Applicants for licensure and registration as TIER A and TIER B Professional Land Surveyors qualifying under Section 40-22-225(C)(1) or Section 40-22-225(D)(1) before July 1, 2004, will satisfy the experience requirement with two years' progressive practical experience satisfactory to the board and performed under a practicing registered land surveyor./
Amend further Section 40-22-230(C), page 44, by striking lines 13-15 and inserting:
/the board; however, a land boundary surveying applicant must pass a written examination including questions of law, procedures, and practices pertaining to the practice of land boundary surveying in this State./
Amend further, Section 40-22-270, page 48 by striking line 36 and inserting:
/July 1, 2001, which may have the legend 'Registered Professional/
Amend further, Section 40-22-290(9), page 52, by striking lines 33-39 and inserting:
/(9) the work of any official or employee of a political subdivision of this State while in the performance of their official duties involving Emergency 911 mapping, land use mapping, property tax mapping, remote sensing and implementation, maintenance, creation, and distribution of mapping grade GIS data as part of a political subdivision's geographic information system not to include TIER A land surveying activities as enumerated in Section 40-22-20(23) involving the creation of other than mapping grade GIS data./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
Senator HUTTO proposed the following amendment (S1129001), which was adopted:
Amend the committee report, as and if amended, on page [1129-23], Section 13-7-840, by striking line 9 in its entirety and inserting in lieu thereof the following:
/ appointed by the Governor with the advice and consent of the Senate as follows: One Two shall be actively /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The Committee on Agriculture and Natural Resources proposed the following amendment (SAG001), which was adopted:
Amend the bill, as and if amended, by striking all before the enacting words and after the title and inserting in lieu thereof the following:
Whereas, the Atlantic Interstate Low-Level Radioactive Waste Compact (Atlantic Compact), currently consisting of the states of Connecticut and New Jersey, was created in response to a federal law that encourages states to form interstate compacts for the disposal of low-level radioactive waste and allows them to restrict the amount of out-of-region waste received; and
Whereas, the Atlantic Compact and South Carolina have agreed that South Carolina's membership in the compact would achieve certain objectives important to both the current member states and to South Carolina; and
Whereas, membership by South Carolina in the Atlantic Compact will empower the State to control access to the state's low-level radioactive waste disposal facility located in Barnwell County by waste generators outside the compact region. Now, therefore,
Amend the bill further as and if amended by striking all after the enacting words and inserting in lieu thereof the following:
/ SECTION 1. Title 48 of the 1976 Code is amended by adding:
Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act
Section 48-46-10. This chapter may be cited as the 'Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act'.
Section 48-46-20. The purpose of this act is to establish South Carolina as a member of the Atlantic Low-Level Radioactive Waste Compact, known in federal statute as the 'Northeast Interstate Low-Level Radioactive Waste Management Compact' and to authorize and direct specific processes and procedures that are necessary to implement South Carolina's responsibilities in the compact.
Section 48-46-30. As used in this chapter, unless the context clearly requires a different construction:
(1) 'Allowable costs' means costs to a disposal site operator of operating a regional disposal facility. These costs are limited to costs determined by standard accounting practices and regulatory findings to be associated with facility operations.
(2) 'Atlantic Compact' means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the 'Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985', Public Law 99-240, Title II. Use of the term 'Atlantic Compact' does not change in any way the substance of and is to be considered identical to the Northeast Interstate Low-Level Radioactive Waste Management Compact.
(3) 'Atlantic Compact Commission' or 'compact commission' means the governing body of the Atlantic Compact,
consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina.
(4) 'Board' means the South Carolina Budget and Control Board or its designated official.
(5) 'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary), and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose.
(6) 'Disposal rates' means the price paid by customers of a regional disposal facility for disposal of waste, including any
price schedule or breakdown of the price into discrete elements or cost components.
(7) 'Extended care maintenance fund' means the 'escrow fund for perpetual care' that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site as provided for in Section 13-7-30(4).
(8) 'Facility operator' means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina.
(9)'Generator' means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste.
(10) 'Maintenance' means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers.
(11) 'Nonregional generator' means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.
(12) 'Nonregional waste' means waste produced by a nonregional generator.
(13) 'Person' means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states.
(14) 'Price schedule' means disposal rates.
(15) 'PSC' means the South Carolina Public Service Commission.
(16) 'Receipts' means the total amount of money collected by the site operator for waste disposal over a given period of time.
(17) 'Regional disposal facility' means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility.
(18) 'Regional generator' means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.
(19) 'Regional waste' means waste generated within a member state of the Atlantic Compact. Consistent with the regulatory position of the Department of Health and Environmental Control, Bureau of Radiological Health, dated May 1, 1986, some waste byproducts shipped for disposal that are derived from wastes generated within the Atlantic Compact region, such as residues from recycling, processing, compacting, incineration, collection, and brokering facilities located outside the Atlantic Compact region may also be considered regional waste.
(20) 'Site operator' means a facility operator.
(21) 'South Carolina generator' means a waste generator that produces waste within the boundaries of the State of South Carolina, whether or not this waste is sent to facilities outside South Carolina for purposes of consolidation, treatment, or processing for disposal.
(22) 'Waste' means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7.2.22, that is eligible for acceptance for disposal at a regional disposal facility.
Section 48-46-40. (A)(1) The board shall approve disposal rates for low-level radioactive waste disposed at any regional disposal facility located within the State.
(2) The board shall adopt a rate schedule for regional generators containing rates that include the administrative
surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4) and that do not exceed the disposal rates charged to regional generators at the end of calendar year 1999. The initial disposal rates approved under this section become effective immediately upon South Carolina's membership in the Atlantic Compact.
(3) The board may at any time of its own initiative, at the request of a site operator, or at the request of the compact
commission, adjust the disposal rate or the relative proportions of the individual components that constitute the overall rate schedule. Except as adjusted for inflation in subsection (4), rates adjusted in accordance with this section, that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4), may not exceed initial disposal rates set by the board pursuant to subsection (2).
(4) In March of each year the board shall adjust the rate schedule based on the most recent changes in the most nearly applicable Producer Price Index published by the Bureau of Labor Statistics as chosen by the board, or a successor index.
(5) In consultation with the site operator, the board or its designee, on a case-by-case basis, may approve special disposal rates for regional waste that differ from the disposal rate schedule for regional generators set by the board pursuant to subsections (2) and (3). Requests by the site operator for such approval shall be in writing to the board. In approving such special rates, the board or its designee, shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the state or other relevant factors; provided, however, that the board shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or the request for proposal containing the special rate is accepted by the regional generator; provided, however, that such special rates when accepted by a regional generator shall be disclosed to the compact commission and to all other regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing this special rate is accepted by the regional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the compact commission, and the regional generators of each special rate that has been accepted by a regional generator, and the board, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board for a regional generator is lower than a disposal rate approved by the board for regional generators pursuant to subsections (2) and (3) for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the regional generator. Regional generators may enter into contracts for waste disposal at such special rates and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board and the compact commission each month that no regional generator's disposal rate exceeds any other regional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board and the compact commission.
(6)(a) To the extent authorized by the compact commission, the board on behalf of the State of South Carolina may enter into agreements with any person in the United States or its territories or any interstate compact, state, U.S. territory, or U.S. Department of Defense military installation abroad for the importation of waste into the region for purposes of disposal at a regional disposal facility within South Carolina. No waste from outside the Atlantic Compact region may be disposed at a regional disposal facility within South Carolina, except to the extent that the board is authorized by the compact commission to enter into agreements for importation of waste.
The board shall authorize the importation of nonregional waste into the region for purposes of disposal at the regional disposal facility in South Carolina so long as nonregional waste would not result in the facility accepting more than the following total volumes of all waste:
(1) 160,000 cubic feet in fiscal year 2001; (2)
(3) 80,000 cubic feet in fiscal year 2002; (4)
(5) 70,000 cubic feet in fiscal year 2003; (6)
(7) 60,000 cubic feet in fiscal year 2004; (8)
(9) 50,000 cubic feet in fiscal year 2005; (10)
(11) 45,000 cubic feet in fiscal year 2006; (12)
(13) 40,000 cubic feet in fiscal year 2007; (14)
(15) 35,000 cubic feet in fiscal year 2008. (16)
After fiscal year 2008, the board shall not authorize the importation of nonregional waste for purposes of disposal.
(b) The board may approve disposal rates applicable to nonregional generators. In approving disposal rates applicable to nonregional generators, the board may consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors.
(c) Absent action by the board under subsection (b) above to establish disposal rates for nonregional generators, rates
applicable to these generators must be equal to the rates approved by the board for regional generators.
(d) Regional generators shall not pay disposal rates that are higher than disposal rates for nonregional generators in
any fiscal quarter.
(e) In consultation with the site operator, the board or its designee, on a case-by-case basis, may approve special disposal rates for nonregional waste that differ from the disposal rate schedule for nonregional generators set by the board. Requests by the site operator for such approval shall be in writing to the board. In approving such special rates, the board or its designee shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors; provided, however, that the board shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator; provided, however, that such special rates when accepted by a nonregional generator shall be disclosed to the compact commission, and to all regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the compact commission, and the regional generators in writing of each special rate that has been accepted by a nonregional generator, and the board, the compact commission and regional generators may communicate with each other about such special rates. If any special rate approved by the board for a nonregional generator is lower than a disposal rate approved by the board for regional generators for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the nonregional generator. Regional generators may enter into contracts for waste disposal at such special rate and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board and the compact commission each month that no regional generator disposal rate exceeds any nonregional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board and the compact commission.
(B)(1) Effective upon the implementation of initial disposal rates by the board under Section 48-46-40(A), the PSC is authorized and directed to identify allowable costs for operating a regional low-level radioactive waste disposal facility in South Carolina.
(2) In identifying the allowable costs for operating a regional disposal facility, the PSC shall:
(a) prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators;
(b) obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC;
(c) assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and
(d) require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings.
(3) Allowable costs include the costs of those activities necessary for:
(a) the receipt of waste;
(b) the construction of disposal trenches, vaults, and overpacks;
(c) construction and maintenance of necessary physical facilities;
(d) the purchase or amortization of necessary equipment;
(e) purchase of supplies that are consumed in support of waste disposal activities;
(f) accounting and billing for waste disposal;
(g) creating and maintaining records related to disposed waste;
(h) the administrative costs directly associated with disposal operations including but not limited to salaries, wages, and employee benefits;
(i) site surveillance and maintenance required by the State of South Carolina, other than site surveillance and
maintenance costs covered by the balance of funds in the decommissioning trust fund or the extended care maintenance fund;
(j) compliance with the license, lease, and regulatory requirements of all jurisdictional agencies;
(k) administrative costs associated with collecting the surcharges provided for in subsections (B) and (C) of Section 48-46-60;
(l) taxes other than income taxes;
(m) licensing and permitting fees; and
(n) any other costs directly associated with disposal operations determined by the PSC to be allowable.
Allowable costs do not include the costs of activities associated with lobbying and public relations, clean-up and remediation activities caused by errors or accidents in violation of laws, regulations, or violations of the facility operating license or permits, activities of the site operator not directly in support of waste disposal, and other costs determined by the PSC to be unallowable.
(4) Within 90 days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year.
(5) A private operator of a regional disposal facility in South Carolina is authorized to charge an operating margin of twenty-nine percent. The operating margin for a given period must be determined by multiplying twenty-nine percent by the total amount of allowable costs as determined in this subsection, excluding allowable costs for taxes and licensing and permitting fees paid to governmental entities.
(6) The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7).
(7) (a) If the board, upon the advice of the compact commission or the site operator, concludes based on information provided to the board, that the volume of waste to be disposed during a forthcoming period of time does not appear sufficient to generate receipts that will be adequate to reimburse the site operator for its costs of operating the facility and its operating margin, then the board shall direct the site operator to propose to the compact commission plans including, but not necessarily limited to, a proposal for discontinuing acceptance of waste until such time as there is sufficient waste to cover the site operator's operating costs and operating margin. Any proposal to suspend operations must detail plans of the site operator to minimize its costs during the suspension of operations. Any such proposal to suspend operations must be approved by the Department of Health and Environmental Control with respect to safety and environmental protection.
(b) Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the board from the extended care maintenance fund for its allowable costs and its operating margin. During the suspension funding to reimburse the board, the PSC, and the State Treasurer under Section 48-46-60(B) and funding of the compact commission under Section 48-46-60(C) must also be allocated from the extended care maintenance fund as approved by the board based on revised budgets submitted by the PSC, State Treasurer, and the compact commission.
(c) Notwithstanding any disbursements from the extended care maintenance fund in accordance with any provision of this act, the board shall continue to ensure, in accordance with Section 13-7-30, that the fund remains adequate to defray the costs for future maintenance costs or custodial and maintenance obligations of the site and other obligations imposed on the fund by this chapter.
(d) The PSC may promulgate regulations and policies necessary to execute the provisions of this section.
(8) The PSC may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of identifying allowable costs associated with waste disposal. The PSC may consider standards, precedents, findings, and decisions in other jurisdictions that regulate allowable costs for radioactive waste disposal.
(9) In all proceedings held pursuant to this section, the board shall participate as a party representing the interests of the State of South Carolina, and the compact commission may participate as a party representing the interests of the compact states. Representatives from the Department of Health and Environmental Control shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures.
(10) In all respects in which the PSC has power and authority under this chapter, it shall conduct its proceeding under the South Carolina Administrative Procedures Act and the PSC's rules and regulations. The PSC is authorized to compel attendance and testimony of a site operator's directors, officers, agents, or employees.
(11) At any time the compact commission, the board, or any generator subject to payment of rates set pursuant to this chapter may file a complaint against a site operator alleging that allowable costs identified pursuant to this chapter are not in conformity with the directives of this chapter or the directives of the PSC or that the site operator is otherwise not acting in conformity with the requirements of this chapter or directives of the PSC. Upon filing of the complaint, the PSC shall cause a copy of the complaint to be served upon the site operator. The complaining party has the burden of proving that allowable costs or the actions of the site operator do not conform. The hearing shall conform to the rules of practice and procedure of the PSC for other complaint cases.
(12) The PSC shall encourage alternate forms of dispute resolution including, but not limited to, mediation or arbitration to resolve disputes between a site operator and any other person regarding matters covered by this chapter.
(C) The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, and the board within thirty days following the end of each quarter a report detailing actual revenues received in the previous fiscal quarter and allowable costs incurred for operation of the disposal facility.
(D)(1) Within 30 days following the end of the fiscal year the operator of a regional disposal facility shall submit a payment made payable to the South Carolina Department of Revenue in an amount that is equal to the total revenues received for waste disposed in that fiscal year (with interest accrued on cash flows in accordance with instructions from the State Treasurer) minus allowable costs, operating margin, and any payments already made from such revenues pursuant to Section 48-46-60(B) and (C) for reimbursement of administrative costs to state agencies and the compact commission. The Department of Revenue shall deposit the payment with the State Treasurer.
(2) If in any fiscal year total revenues do not cover allowable costs plus the operating margin, the board must reimburse the site operator its allowable costs and operating margin from the extended care maintenance fund within thirty days after the end of the fiscal year. The board shall as soon as practicable authorize a surcharge on waste disposed in an amount that will fully compensate the fund for the reimbursement to the site operator. In the event that total revenues for a fiscal year do not cover allowable costs plus the operating margin, or quarterly reports submitted pursuant to subsection (C) indicate that such annual revenue may be insufficient, the board shall consult with the compact commission and the site operator as early as practicable on whether the provisions of Section 48-46-40(B)(7) pertaining to suspension of operations during periods of insufficient revenues should be invoked.
(E) Revenues received pursuant to item (1) of subsection (D) must be allocated as follows:
(1) The South Carolina State Treasurer shall distribute the first two million dollars received for waste disposed during a fiscal year to the County Treasurer of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of 'payments in lieu of taxes' paid by the United States Department of Energy.
(2) All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the 'Nuclear Waste Disposal Receipts Distribution Fund'. Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the State Treasurer, and the board for administrative expenses under this chapter. Upon validation of the request and supporting documentation by the State Treasurer, the State Treasurer shall issue a rebate of the applicable funds to qualified waste generators within sixty days of the receipt of the request. If funds in the Nuclear Waste Disposal Receipts Distribution Fund are insufficient to provide a rebate of 33.33 percent to each generator, then each generator's rebate must be reduced in proportion to the amount of funds in the account for the applicable fiscal year.
(3) All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the amount needed to provide generators rebates pursuant to item (2), shall be deposited by the State Treasurer in the 'Children's Education Endowment Fund'. Notwithstanding the method of allocation from the Children's Education Endowment Fund provided for in Section 59-143-10, the first $24 million of any such deposits for low-level radioactive waste disposed in a fiscal year shall be allocated for Higher Education Scholarship Grants and the remainder allocated to the 'Public School Facility Assistance Fund'.
Section 48-46-50. (A) The Governor shall appoint two commissioners to the Atlantic Compact Commission, and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the board, the PSC, and other state agencies may participate in relevant portions of meetings of the compact commission upon the request of a commissioner, alternate commissioner, or staff of the compact commission, or as called for in the compact commission bylaws.
(B) South Carolina commissioners or alternate commissioners to the compact commission may not vote affirmatively on any motion to admit new member states to the compact unless that state volunteers to host a regional disposal facility. (C)
(C) Compact commissioners or alternate commissioners to the Atlantic Compact Commission may not vote to approve a
regional management plan or any other plan or policy that allows for acceptance at the Barnwell regional disposal facility of more than a total of 800,000 cubic feet of waste from Connecticut and New Jersey.
(D) South Carolina's commissioners or alternate commissioners to the compact commission shall cast any applicable votes on the compact commission in a manner that authorizes the importation of waste into the region for purposes of disposal at a regional disposal facility in South Carolina so long as importation would not result in the facility accepting more than the following total volumes of all waste:
(1) 160,000 cubic feet in fiscal year 2001; (2)
(3) 80,000 cubic feet in fiscal year 2002; (4)
(5) 70,000 cubic feet in fiscal year 2003; (6)
(7) 60,000 cubic feet in fiscal year 2004; (8)
(9) 50,000 cubic feet in fiscal year 2005; (10)
(11) 45,000 cubic feet in fiscal year 2006; (12)
(13) 40,000 cubic feet in fiscal year 2007; (14)
(15) 35,000 cubic feet in fiscal year 2008. (16)
South Carolina's commissioners or alternate commissioners shall not vote to approve the importation of waste into the region for purposes of disposal in any fiscal year after 2008.
Section 48-46-60. (A) The Governor and the board are authorized to take such actions as are necessary to join the Atlantic Compact including, but not limited to, petitioning the Compact Commission for membership and participating in any and all rulemaking processes. South Carolina's membership in the Atlantic Compact pursuant to this chapter is effective July 1, 2000, if by that date the Governor certifies to the General Assembly that the Compact Commission has taken each of the actions specified below. If the Compact Commission by July 1, 2000, has not taken each of the actions specified below, then South Carolina's membership shall become effective as soon thereafter as the Governor certifies that the Atlantic Compact Commission has taken these actions:
(1) adopted a binding regulation or policy in accordance with Article VII(e) of the compact establishing conditions for admission of a party state that are consistent with this act and ordered that South Carolina be declared eligible to be a party state consistent with those conditions;
(2) adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude the disposal facility from accepting all regional waste that can reasonably be projected to require disposal at the regional disposal facility consistent with 5(b) of this section;
(3) adopted a binding regulation or policy in accordance with Article IV(i)(12) of the Atlantic Compact authorizing each regional generator, at the generator's discretion, to ship waste to disposal facilities located outside the Atlantic Compact region;
(4) authorized South Carolina to proceed with plans to establish disposal rates for low-level radioactive waste disposal in a manner consistent with the procedures described in this chapter;
(5) adopted a binding regulation, policy, or order officially designating South Carolina as a volunteer host state for the region's disposal facility, contingent upon South Carolina's membership in the compact, in accordance with Article V.b.1. of the Atlantic Compact, thereby authorizing the following compensation and incentives to South Carolina:
(a) agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled 'Barnwell Economic Development Fund'. This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale Counties. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the board. Expenditures must be authorized by the Barnwell County governing body and with the approval of the board. Upon approval of the Barnwell County governing body and the board, the State Treasurer shall submit the approved funds to the Barnwell County Treasurer for disbursement pursuant to the authorization;
(b) adopted a binding regulation, policy, or order consistent with the regional management plan developed pursuant to Article V(a) of the Atlantic Compact, limiting Connecticut and New Jersey to the use of not more than 800,000 cubic feet of disposal capacity at the regional disposal facility located in Barnwell County, South Carolina, and also ensuring that up to 800,000 cubic feet of disposal capacity remains available for use by Connecticut and New Jersey unless this estimate of need is later revised downward by unanimous consent of the compact commission;
(c) agreement, as evidenced in a policy or regulation, that the compact commission headquarters and office will be relocated to South Carolina within six months of South Carolina's membership; and
(d) agreement, as evidenced in a policy or regulation, that the compact commission will, to the extent practicable, hold a majority of its meetings in the host state for the regional disposal facility.
(B) The board, the State Treasurer, and the PSC shall provide the required staff and may add additional permanent or temporary staff or contract for services, as well as provide for operating expenses, if necessary, to administer new responsibilities assigned under this chapter. In accordance with Article V.f.2. of the Atlantic Compact the compensation, costs, and expenses incurred incident to administering these responsibilities may be paid through a surcharge on waste disposed at regional disposal facilities within the State. To cover these costs the board shall impose a surcharge per unit of waste received at any regional disposal facility located within the State. A site operator shall collect and remit these fees to the board in accordance with the board's directions. All such surcharges shall be included within the disposal rates set by the board pursuant to Section 48-46-40.
(C) In accordance with Article V.f.3. of the Atlantic Compact, the compact commission shall advise the board at least annually, but more frequently if the compact commission deems appropriate, of the compact commission's costs and expenses. To cover these costs the board shall impose a surcharge per unit of waste received at any regional disposal facility located within the State as determined in Section 48-46-40. A site operator shall collect and remit these fees to the board in accordance with the board's directions, and the board shall remit those fees to the compact commission.
Section 48-46-70. The Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985) as it existed on the date this act was enacted, is hereby incorporated by reference, and all terms and conditions contained therein shall have full force and effect as if set forth herein in their entirety. In addition to the express limitations on non-host state and compact commission liability provided in the Northeast Interstate Low-Level Radioactive Waste Management Compact, South Carolina will indemnify the Atlantic Compact Commission or any of the other party states for any damages incurred solely because of South Carolina's membership in the compact and for any damages associated with any injury to persons or property during the institutional control period resulting from the radioactive and waste management operations of the regional facility.
Section 48-46-80. Pursuant to Section 48-2-10 et seq., the Department of Health and Environmental Control may adjust the radioactive materials license fee for Low-Level Radioactive Waste Shallow Land Disposal in Regulation 61-30 in an amount that will offset changes to its annual operating budget caused by projected increases or decreases in the number of permittees expected to pay fees for Radioactive Waste Transport Permits under the same regulation for shipment of low-level radioactive waste for disposal within the State.
Section 48-46-90. (A) In accordance with Section 13-7-30, the board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The Department of Health and Environmental Control is responsible for continued site monitoring.
(B) Nothing in this chapter may be construed to alter or diminish the existing statutory authority of the Department of Health and
Environmental Control to regulate activities involving radioactive materials and radioactive wastes."
SECTION 2. Section 13-7-10 of the 1976 Code, as last amended by Act 552 of 1990, is further amended by adding at the end:
(10) 'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary), and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose.
(11) 'Extended care maintenance fund' means the 'escrow fund for perpetual care' that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site as provided for in Section 13-7-30(4).
(12) 'Maintenance' means active maintenance activities as specified by the Department of Health and Environmental Control including pumping and treatment of groundwater and the repair and replacement of disposal unit covers.
SECTION 3. Section 13-7-30 of the 1976 Code, as last amended by Section 70A, Part II, Act 501 of 1992, is further amended to read:
"Section 13-7-30. For purposes of this article, the State Budget and Control Board, hereinafter in this section referred to as the board, is designated as the agency of the State which shall have the following powers and duties that are in accord with its already established responsibilities for custody of state properties, and for the management of all state sinking funds, insurance, and analogous fiscal matters that are relevant to state properties:
(1) expend state funds in order to acquire, develop, and operate land and facilities. This acquisition may be by lease, dedication, purchase, or other arrangements. However, the state's functions under the authority of this paragraph section are limited to the specific purposes of this article;
(2) lease, sublease, or sell real and personal properties to public or private bodies;
(3) assure the maintenance of insurance coverage by state licensees, lessees, or sublessees as will in the opinion of the board protect the citizens of the State against nuclear incident that may occur on state-controlled atomic energy facilities;
(4) assume responsibility for extended custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the State, in the event the parties operating these facilities abandon their responsibility, or when the license for the facility is ultimately transferred to an agency of the State, and whenever the federal government or any agency of the federal government has not assumed the responsibility.
In order to finance such extended custody and maintenance as the board may undertake, the board may collect fees from private or public parties holding radioactive materials for custodial purposes. These fees must be sufficient in each individual case to defray the estimated cost of the board's custodial management activities for that individual case. The fees collected for such custodial management activities shall also be sufficient to provide additional funds for the purchase of insurance which shall be purchased for the protection of the State and the general public for the period such radioactive material considering its isotope and curie content together with other factors may present a possible danger to the general public in the event of migration or dispersal of such radioactivity. All such fees, when received by the board, must be transmitted to the State Treasurer. The Treasurer must place the money in a special account, in the nature of a revolving trust fund, which may be designated 'extended care maintenance fund', to be disbursed on authorization of the board. Monies in the extended care maintenance funds must be invested by the board in the manner as other state monies. However, any interest accruing as a result of investment must accrue to this extended care maintenance fund. Except as authorized in Section 48-46-40(B)(7)(b) and (D)(2), The the extended care maintenance fund must be used exclusively for custodial, surveillance, and maintenance costs during the period of institutional control or for otherwise satisfying custodial and maintenance obligations and during any post-closure and observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site. Funds from the extended care maintenance fund shall not be used for site closure activities or for custodial, surveillance, and maintenance performed during the post-closure observation period until all funds in the decommissioning trust account are exhausted.
(5) Enter into an agreement with the federal government or any of its authorized agencies to assume extended maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or as custodial site for radioactive material.
(6) In accordance with SECTION 48-47-100 (2), impose, collect, and disburse special fees or surcharges on all users of any regional low-level radioactive waste disposal facility to provide for annual funding of the Southeast Low-Level Radioactive Waste Management Compact Commission.
(7)(a) The State Budget and Control Board shall assess surcharges and penalty surcharges on nonsited waste received at the regional disposal facility. The surcharges are imposed to the maximum extent permitted by SECTION 5(d)(1) of Public Law 99-240 unless a lesser amount is authorized upon recommendation of the Budget and Control Board and upon approval of the General Assembly by Joint Resolution. The Department of Health and Environmental Control shall notify the operator whenever a generator is to be assessed a penalty surcharge or whenever the assessment of a penalty surcharge is to be terminated.
(b) For the purposes of this item:
(1) "Sited region" means a Low-Level Radioactive Waste Compact region established under Public Law 96-573 in which there is located one of the following regional disposal facilities: Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada.
(2) "Regional disposal facility" means the nonfederal low-level radioactive waste disposal facility located in Barnwell County, South Carolina.
(3) "Surcharge" means the per cubic foot charge authorized by SECTION 5(d)(1) of Public Law 99-240.
(4) "Penalty surcharge" means the additional per cubic foot charge required by SECTION 5(e)(2) of Public Law 99-240.
(5) "Surcharge funds" means those funds collected by the operator in payment for the surcharges and penalty surcharges assessed as provided herein.
(6) "Operator" means the person who operates the regional disposal facility.
(7) The definitions contained in Chapter 47 of Title 48 are applicable to this section.
(8) "Nonsited waste" means waste generated outside the sited regions, as provided in SECTION 5 of the Low-Level Radioactive Waste Policy Amendments Act of 1985, Public Law 99-240.
(c) On the fifteenth day of each month, the operator shall remit to the Budget and Control Board an amount equal to the per cubic foot surcharge for each cubic foot of nonsited waste received by the operator as of the first day of the preceding month. On the last day of each month, the operator shall remit to the Budget and Control Board an amount equal to the per cubic foot surcharge for each cubic foot of nonsited waste received by the operator as of the fifteenth day of the preceding month.
On the fifteenth and last day of each month, the operator shall report to the department of Health and Environmental Control any generator who fails to reimburse the operator, within sixty days of receipt of the waste at the site, for the surcharge funds paid by the operator. Any generator who fails to pay the surcharge funds within such sixty-day period is denied access to the site. Access is reinstated upon satisfaction of the following conditions: (1) certification by the department that all outstanding surcharges and penalty surcharges have been paid; and (2) prepayment of surcharges for all future deliveries to the site.
(d) The State Treasurer on a monthly basis shall remit to the United States Secretary of Energy twenty-five percent of the surcharge funds collected as required by SECTION 5(d)(2)(A) of Public Law 99-240 as the Treasurer in conjunction with the United States Department of Energy shall determine. No portion of any penalty surcharges may be remitted to the United States Secretary of Energy.
(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of the balance to the governing body of Barnwell County; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter not otherwise allocated by law must be deposited in the general reserve fund of the State. If the amount deposited exceeds the amount necessary to fund the general reserve fund of the State on a fiscal year basis, then such funds must be deposited in the general fund of the State.
(f) Upon enactment of this item, the State Treasurer shall transfer to the Secretary of Energy of the United States twenty-five percent of the ten dollars a cubic foot fee collected by the operator since March 1, 1986, pursuant to the direction of the State Budget and Control Board. The remaining portion of such fees previously collected must be deposited to the general fund of the State.
(g) The Budget and Control Board and the operator shall furnish the Department of Health and Environmental Control with all necessary information required by the department to monitor and enforce the compliance provisions of Public Law 99-240."
SECTION 4. The provisions of this act are to be liberally construed to effectuate its purpose. If any provisions of this act shall be determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision shall be severable from the remaining portions of this chapter and shall not invalidate the remaining provisions of this chapter, which shall continue in full force and effect. If any provision of this act shall be determined by a court of competent jurisdiction to be in conflict with any other provision of this act, and particularly the provisions of the Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985), the provisions of the compact shall govern.
SECTION 5. Title 48, Chapter 48 of the 1976 Code is repealed effective upon the date of South Carolina's membership in the Atlantic Compact, except that Section 48-48-140(F) is repealed effective July 1, 2000. The contingent annual license tax for fiscal year 1999-2000 under Section 48-48-140(F) shall remain due and payable as described in that section for that fiscal year. In the event that South Carolina does not become a member of the Atlantic Compact by October 1, 2000, then Section 48-48-140(F) shall be reinstated as of October 1, 2000, except that the tax for fiscal year 2000-2001 shall be $18 million. In the fiscal year that the site operator ceases to accept waste for disposal in preparation for permanent closure, the contingent annual license tax under Section 48-48-140(F) will be paid to the State on a pro rata basis for each quarter that the site is accepting waste for disposal. The tax does not apply when the site is in a closure mode.
SECTION 6. Chapter 7, Title 13 of the 1976 Code is amended to read:
Governor's Nuclear Advisory Council
Section 13-7-810. There is hereby established a Governor's Nuclear Advisory Council which shall be responsible to and report to the Governor.
Section 13-7-820. The duties of the council, in addition to such other duties as may be requested by the Governor, shall be:
(1) to provide advice and recommendations to the Governor on issues involving the use, handling, and management of the transportation, storage, or disposal of nuclear materials within South Carolina, or such use, handling, transportation, storage, or disposal of nuclear materials outside of the State which may affect the public health, welfare, safety, and environment of the citizens of South Carolina;
(2) to provide advice and recommendations to the Governor regarding matters pertaining to the Atlantic Compact Commission;
(3) to provide advice and recommendations to the Governor regarding the various programs of the United States Department of Energy pertaining to nuclear waste. and other federal agencies related to the Establishment of a National Radioactive Waste Management Plan and the applicability of South Carolina laws, and administrative rules and regulations to such a plan.
(4) to meet at the call of the chair or at a minimum twice a year.
Section 13-7-830. The recommendations described in Section 13-7-620 shall be made available to the General Assembly, the Governor, and the Budget and Control Board. and Joint Legislative Committee on Energy.
Section 13-7-840. The council shall consist of nine five (5) members. One at-large member shall be appointed by the Speaker of the House of Representatives and one at-large member shall be appointed by the President of the Senate. Seven members shall be appointed by the Governor as follows: One Two shall be actively involved in the area of environmental protection; one shall have experience in the generation of power by nuclear means; one shall have experience in the field of nuclear activities other than power generation; two one shall be a scientists or engineers from the faculties of one of the institutions of higher learning in the State; and one shall be from the public at large. The terms of the members of the council appointed by the Governor shall be co-terminus with that of the appointing Governor, but they shall serve at the pleasure of the Governor.
Vacancies of the council shall be filled in the manner of the original appointment.
Section 13-7-850. The Governor shall designate the chairman from the membership. When on business of the council, members shall be entitled to receive such compensation as provided by law for boards and commissions.
Section 13-7-860. The Council may employ, on a full or part-time basis, staff as necessary to carry out the activities of the Council. Unclassified staff of the previous S. C. Nuclear Advisory Council transferred to the Joint Legislative Committee on Energy under Section 2-53-40 are hereby transferred to the Governor's Nuclear Advisory Council.Staff support for the council shall be provided by the State Energy Office."
Section 7. In the event that South Carolina does not become a member of the Atlantic Compact by October 1, 2000, then SECTION 1 of this act is repealed.
Section 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4795 (Word version) -- Reps. Kelley and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS CAMPING AND CAMPING ACTIVITIES MAKE TO THE QUALITY OF LIFE IN OUR STATE AND TO DECLARE THE WEEK OF MARCH 20-26, 2000, AS CAMPING WEEK IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Bills were carried over as follows:
H. 4016 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO INCREASE THE BOARD BY THREE MEMBERS WHO MUST BE PARENTS OF STUDENTS OR FORMER STUDENTS, ONE OF WHOM MUST BE BLIND, ONE DEAF, AND ONE MULTIHANDICAPPED.
On motion of Senator MOORE.
S. 1084 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 60-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.
On motion of Senator MOORE.
S. 1272 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE; AND TO AMEND SECTION 16-1-60, SO AS TO PROVIDE THAT THE OFFENSES OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND ALLOWING GREAT BODILY INJURY TO BE INFLICTED UPON A CHILD ARE ADDED TO THE LIST OF VIOLENT CRIMES.
Senator MOORE explained the Bill.
On motion of Senator MOORE.
S. 518 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.
On motion of Senator PASSAILAIGUE.
S. 1042 (Word version) -- Senators Saleeby and Passailaigue: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator J. VERNE SMITH proposed the following amendment (NBD\11930AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-11-720(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended by adding appropriately numbered items at the end to read:
"( ) housing authorities as provided for in Chapter 3, Title 31;
( ) the Greenville-Spartanburg Airport District."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following amendment (1042R001.DE):
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION _____. Section 1-11-720(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended by adding a new item at the end:
"(19) soil and water conservation districts established pursuant to Title 48, Chapter 9." /
Renumber sections to conform.
Amend title to conform.
On motion of Senator BRANTON, with unanimous consent, the Bill was carried over, as amended.
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator FORD proposed the following amendment (JUD3465.002):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-1-100 of the 1976 Code is amended to read:
"Section 20-1-100. A male or female under the age of sixteen eighteen or a female under the age of fourteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male or female under the age of sixteen eighteen or a female under the age of fourteen is void ab initio."
SECTION 2. Section 20-1-250 of the 1976 Code is amended to read:
"Section 20-1-250. No such A marriage license shall must not be issued when the woman or child woman either applicant is under the age of fourteen eighteen. or when the male is under the age of sixteen, provided that when the female applicant is between the ages of fourteen to eighteen and when the male applicant is between the ages of sixteen to eighteen and when the applicant resides with father or mother, or other relative or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by such father, mother, other relative or guardian giving his or her consent to the marriage." /
Amend title to conform.
Senator LAND objected to further consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 978 (Word version) -- Senators Leventis, McConnell, Ravenel, Passailaigue, Grooms, Rankin and Branton: A BILL TO AMEND SECTION 48-39-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA COASTAL COUNCIL AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COASTAL COUNCIL AND TO SPECIFY THE PROCEDURES FOR APPEALING DECISIONS OF THE COASTAL COUNCIL RELATING TO SIGNIFICANT OR CONTROVERSIAL PERMIT APPLICATIONS AND CONSISTENCY CERTIFICATIONS; TO AMEND SECTIONS 48-39-150, 48-39-180, 48-39-280, AND 48-39-290, ALL AS AMENDED, AND ALL RELATING TO, AMONG OTHER THINGS, APPEALS OF PERMIT DECISIONS, SO AS TO CONFORM THESE PROVISIONS TO CHANGES MADE IN THIS ACT.
Senator RICHARDSON asked unanimous consent to make a motion to set the Bill as a Special Order.
Senator LEVENTIS objected.
The question then was the motion to make the Bill a Special Order.
Senator MOORE spoke on the motion.
Senator DRUMMOND moved that the Senate stand adjourned.
At 1:53 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Friday, June 26, 2009 at 9:36 A.M.