South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate
Printed Page 2620 . . . . . Wednesday, May 3, 2000
Wednesday, May 3, 2000
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., 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 this morning a word from St. Peter in his Second Epistle, Chapter 1:5-6:
"Make every effort to supplement your faith with virtue, and
virtue with knowledge, and knowledge with self control."
Let us pray.
O Divine Creator and Lord of our lives, along about this time in our legislative sessions the pressures begin to mount. The whole machinery begins to tighten, and to mesh, and to move forward toward climax and conclusion. This, sometimes, creates a sort of "slippery slope" for us. In this predicament we need much help from above, mentally, spiritually and physically.
So, supplement our faith with virtue, and virtue with knowledge, and knowledge with self control, as St. Peter urged the young Christians in the critical years of the early church.
Have mercy!
Amen.
Point of Quorum
At 11:05 A.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Call of the Senate
Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer
Branton Bryan Courson
Drummond Elliott Fair
Ford Giese Gregory
Grooms Hayes Hutto
Land Leatherman Leventis
Martin Matthews McGill
Mescher Moore Passailaigue
Printed Page 2621 . . . . . Wednesday, May 3, 2000
Patterson Peeler Rankin
Ravenel Reese Richardson
Russell Ryberg Saleeby
Setzler Short Smith, J. Verne
Thomas Waldrep Washington
Wilson
A quorum being present, the Senate resumed.
REPORT RECEIVED
TO: The Clerk of the Senate
The Clerk of the House
FROM: John W. Matthews, Jr., Chairman
Joint Legislative Screening Committee to
Review Candidates for the SC
Consumer Affairs Commission Election
DATE: May 2, 2000
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
The Screening Process
Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to the positions of the South Carolina Consumer Affairs Commission.
The Committee's report includes the Transcript of the Proceedings before the Screening Committee on April 26, 2000. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.
Printed Page 2622 . . . . . Wednesday, May 3, 2000
TRANSCRIPT OF HEARING OF APRIL 26, 2000
Wednesday, April 26, 2000
3:15 p.m. - 3:40 p.m.
APPEARANCES:
SENATE MEMBERS:
John W. Matthews, Jr., Chairman
Glenn G. Reese
Robert W. Hayes, Jr.
Larry A. Martin
HOUSE MEMBERS:
George H. Bailey
James N. Law
Teddy N. Trotter
ALSO PRESENT:
James Bell, Esquire
CANDIDATES:
Dr. Lonnie Randolph, Jr.
Ms. Barbara B. League
Mr. James J. Raman
MR. MATTHEWS: Call the meeting to order and the first order of business is to elect a temporary chairman.
(Mr. John W. Matthews, Jr. was nominated and chosen to chair the committee screening.)
MR. MATTHEWS: I think everybody knows what the purpose of the meeting is. It is to screen three candidates for Consumer Affairs. We're going to start off, and I'm going to actually take it like I have it here on this sheet, Dr. Randolph will be the first one. We'll go through his information first. I'll ask the other candidates will they please step on the outside while we do that.
(The other candidates left the room at this time and all candidates were screened individually.)
MR. MATTHEWS: I'm going to turn it over to staff now. Mr. Bell has a series of questions he's going to ask you. Since you've been screened before, it should not be that long. Then after that the Committee will then ask their questions. Then we'll take the other candidates that come in and
Printed Page 2623 . . . . . Wednesday, May 3, 2000
he'll be excused and we'll talk to all three of them and then we'll decide after that point.
LONNIE RANDOLPH, JR., being duly sworn, testifies as follows:
MR. BELL: Do you affirm that the answers you previously provided to the committee on the Personal Data Questionnaire and the Statement of Economic Interests are true and correct?
DR. RANDOLPH: Yes, I do.
MR. BELL: Other than your contract as an optometrist with the State, with DJJ and SCDC, do you or any member of your family own or operate any business which contracts with state or federal governments?
DR. RANDOLPH: No, sir.
MR. BELL: Do you operate any business that receives state or federal funds, again, other than ...
DR. RANDOLPH: No, I don't.
MR. BELL: Have you ever been arrested or charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
DR. RANDOLPH: No, I haven't.
MR. BELL: Have you ever been under federal, state or local investigation for possible violation of a criminal statute?
DR. RANDOLPH: No, I haven't.
MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
DR. RANDOLPH: No, I haven't.
MR. BELL: Have you now or have you ever been employed as a "lobbyist" or acted in the capacity of a "lobbyist principal"?
DR. RANDOLPH: No, I have not.
MR. BELL: Do you know of any reason you would have any difficulty performing the duties of this position?
DR. RANDOLPH: I know of none.
MR. BELL: We know you've served since 1979 and are Chairman of the Commission now. If you want to make a brief statement on why you would like to continue serving, you may do so.
DR. RANDOLPH: Well, I've enjoyed the years that I've served on the Commission. I feel that my services have been of importance to not only the people in my immediate area, but I've done something to better the lives of the citizens of the State of South Carolina as far as a commissioner. I from day one have taken my service very seriously. I don't want to sound like I'm boasting or bragging, but I do like to show my support in a number of ways and I think one way is by your
Printed Page 2624 . . . . . Wednesday, May 3, 2000
participation. And in the 21 years that I have served, I have attended all but one meeting. Every second Tuesday at 3:00 I am at the Department of Consumer Affairs. And most of you know this is not one of the commissions that pays you financially, so I must have some other incentive or reason for going. And that is because I feel it gives me an opportunity to do some of the things I enjoy doing for the citizens of South Carolina.
MR. MATTHEWS: Any other questions from any of the Committee members? Yes, sir.
MR. LAW: Dr. Randolph, what is your involvement with the boycott by the NAACP?
DR. RANDOLPH: I am president of the Columbia branch of the NAACP. I'm also third vice president of the state conference of the NAACP, and I also chair the program for research for the NAACP. And I chair the present publicity committee.
MR. LAW: Is the boycott that we've got in the State of South Carolina going cause any conflict in this position as far as serving on Consumer Affairs?
DR. RANDOLPH: I don't see where it is. I don't consider myself participating and our organization has never referred to participating in a boycott. They have imposed economic sanctions, which is a First Amendment right. And I don't see where that's in violation of anything that has to do with anything pertaining to the Department of Consumer Affairs.
MR. HAYES: Is there any area that you see where the Department needs to make some improvements?
DR. RANDOLPH: Yes, I do.
MR. HAYES: What would that be?
DR. RANDOLPH: We would like to put a little more fire under our administrator. That's not a personal attack, but we respect the differences. I have had the pleasure of working under every administrator that the Department has had. And while I respect the differences, I would like to see a little more aggressiveness in his actions as it pertains to the citizens of this state and a little more pro-activity I guess is a better word.
MR. REESE: Do you all hire the commissioner or hire the executive director?
DR. RANDOLPH: Yes, we do.
MR. REESE: How many do we have? How many commissioners do we have?
Printed Page 2625 . . . . . Wednesday, May 3, 2000
DR. RANDOLPH: I think there are presently nine serving. There are two seats that have not been filled -- Governor appointees that have, I think, been expired for some time but have not been replaced.
MR. REESE: So for you all to conduct business, you have to have at least, what, five out of the nine there?
DR. RANDOLPH: At least five, yes.
MR. REESE: Is that a problem sometimes?
DR. RANDOLPH: Rarely. Having had contact and dialogue with some other members who serve on boards and commissions, in 21 years I can only recall one instance where we had a problem with having a quorum. The General Assembly, as well as the Governor's Office, has done a good job in appointing people who really take their appointment serious. And I'm fortunate, I live here in Columbia. And you will interview Ms. League later on who lives in Greenville and great attendance. The persons in the lower part of the state, excellent attendance. So it has not been a problem. We have had one or two over the course of the years that didn't show a lot of interest in serving and they eventually got off.
MR. REESE: Since you started in '79 ...
DR. RANDOLPH: Yes, correct.
MR. REESE: ... have you seen it get a lot harder, your job get ... the Commission, are you more hands-on today than you were twenty years ago?
DR. RANDOLPH: The only difficulty that I really see is the demands on the agency, the demands have increased but we have not been compensated for those demands. And that makes it difficult to do more work with ... we're operating pretty much at the same budget level that we were ten or twelve years ago. But for some magical or mysterious way, the people over there I think reflect the interest that comes from the commissioners also, because we have a good core of people who are really committed and dedicated to doing a good job for the citizens of South Carolina.
MR. REESE: I know from time to time, these other fellows too, I get constituent problems that we have to refer to Consumer Affairs and you all always seem to do a good job getting it straightened out.
DR. RANDOLPH: Every month in our progress reports we do have an evaluation of the number of complaints filed versus the number of ones closed and satisfactory, and the numbers are always very high as far as satisfactory rating, and the responses that we get from those persons that we serve also.
MR. REESE: It's important to these people because they feel so left out when they get run over.
Printed Page 2626 . . . . . Wednesday, May 3, 2000
DR. RANDOLPH: Very much important. I say often that the Department of Consumer Affairs is the best kept secret in the State of South Carolina as far as state agencies are concerned.
MR. MATTHEWS: I've got two questions just for information purposes. Just to make sure you know that you're not ... cannot seek any pledges until after we approve the nomination. Have you requested any pledges or tried seeking any pledges?
DR. RANDOLPH: No, sir. I was fully aware of the law.
MR. MATTHEWS: And how long did you say you served on the Commission?
DR. RANDOLPH: May 29th, 1979.
MR. MATTHEWS: So how long have you been serving as chairman?
DR. RANDOLPH: I've been chairman now for four years. I served as vice chairman for I think about six years. And here again, I brag about the Commission members also because I was elected chairman which I think says something about the type of people that serve. At the time I was elected chairman, I think there were eight Republicans on the ... seven Republicans on the ... and I was elected unanimously. And no hidden agendas. The people there are there to serve the people of South Carolina.
MR. MATTHEWS: Thank you very much. I have no further questions. Does any member have any other question? If not, Mr. Randolph, you may be excused.
MR. REESE: Do you ever have any complaints on strawberry growers?
DR. RANDOLPH: Strawberry growers, none that I can recall.
MR. MATTHEWS: Thank you.
DR. RANDOLPH: Thank you very much.
MR. MATTHEWS: Thank you. This is going to be as brief as possible. It is a screening process. We would open it up to the staff who will ask you a series of questions, after which the members of the House and Senate may ask you some questions. At this point I will turn it over to staff.
BARBARA B. LEAGUE, being duly sworn, testifies as follows:
MR. BELL: Do you affirm that the answers you previously provided the committee on the Personal Data Questionnaire and the Statement of Economic Interests are true and correct?
MS. LEAGUE: Yes.
MR. BELL: Do you or any member of your family own or operate any business which contracts with state or federal governments?
MS. LEAGUE: No.
Printed Page 2627 . . . . . Wednesday, May 3, 2000
MR. BELL: Do you or any member of your family own or operate any business that receives state or federal funds from the Agency, Board of Commission?
MS. LEAGUE: No.
MR. BELL: Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
MS. LEAGUE: No.
MR. BELL: Have you ever, to your knowledge, been under federal, state or local investigation for possible violation of a criminal statute?
MS. LEAGUE: No.
MR. BELL: Have you been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
MS. LEAGUE: No.
MR. BELL: Have you now or have you ever been employed as a "lobbyist" or acted in the capacity of a "lobbyist principal"?
MS. LEAGUE: No.
MR. BELL: Do you know of any reason you would have difficulties performing the duties of this position?
MS. LEAGUE: No.
MR. BELL: You've been serving for a number of years now. You're welcome to make a brief statement now on why you'd like to continue serving.
MS. LEAGUE: This would be my third term on the Consumer Affairs Commission. I am very proud of the work that comes out of this agency. With a 2.5 million dollar budget, they really accomplish a tremendous service to the State of South Carolina and the consumers here. The staff is very dedicated to their work. I don't know very many attorneys that would accept a starting salary of $25,000 and that's what our starting salaries are for attorneys. But that's how dedicated our staff is in the agency.
MR. MATTHEWS: Are there any questions from the members of the committee?
MR. BAILEY: Yes, I've got a question, Mr. Chairman. Prior to ... and you might not want to answer and you don't have to answer if you don't want to. We've already talked to somebody else. Mr. Randolph has been on there for 21 years. Do you feel like he's been a good chairman?
MS. LEAGUE: I think he has been an excellent chairman. He has the needs of the consumers of this state at heart and he has fought for,
Printed Page 2628 . . . . . Wednesday, May 3, 2000
personally fought for, different members of the citizens in our state. And I think he would be an excellent candidate to continue to serve.
MR. BAILEY: Thank you, ma'am. We just had a Bill, and in fact I think it's on the calendar now, to take the banking regulations and the banking industry away from the Consumer Affairs. I think I'm right on this law. And put it under LLR. Do you know of any problems, what brought this about in the Legislature to make us take the banking affairs away from the Consumer Affairs Commission?
MS. LEAGUE: I wish I did. I would love to have that information. And are you referring to the mortgage ...
MR. BAILEY: Yes, ma'am, the mortgage. I'm sorry, the mortgage.
MS. LEAGUE: The General Assembly assigned that work to the Consumer Affairs Department because it had such a strong consumer focus and our staff has done an exquisite job with that work. And I don't know why it's being talked about to move it, but I do not think that it would be good for the consumers of this state to move it, set it up all over again under another state agency. It's my personal opinion based on the work that I have seen come out of the agency or the mortgage loan broker business that it ... that it remain with consumer affairs.
MR. BAILEY: The reason I said that is I've never heard any complaints that I know of about the agency, the Consumer Affairs Agency, in the seventeen years that I've been here.
MS. LEAGUE: As a matter of fact, we did have some hearings around the state for the purpose of hearing from the pros and cons from the brokers and the consumers on this issue. And the one that I attended was in the upstate, and there were no strong arguments for moving it. There were several arguments for keeping it at the Consumer Affairs agency because of the consumer focus.
MR. BAILEY: The reason I ask that question is that sometimes we don't get the whole story in committees. And I don't really have any problem with the Bill per se probably, but I didn't know if there was a problem in the agency that brought this about.
MS. LEAGUE: Not that I'm aware of. I have never heard a consumer complaint and I don't miss my commission meetings. If there have been any complaints, I don't know where they are. Because we are well versed at our commission meetings by our state consumer advocate and his staff and have never received any information to the contrary. They're doing an excellent job. In fact, we have loads of testimony from consumers and have returned funding to them.
MR. BAILEY: Thank you.
MR. HAYES: You've been on since when?
Printed Page 2629 . . . . . Wednesday, May 3, 2000
MS. LEAGUE: 1992.
MR. HAYES: Is there anything that you think should be improved as far as the Department of Consumer Affairs?
MS. LEAGUE: We'd like to see more funding in our budget that would allow us to do more. Our public relations staff person is Brandy Pinkerson, and she is ... she does an incredible job with the budget that she has getting around the state, informing consumers that we're here, because there tends to be less knowledge of the agency in other parts of the state as there is in the Midlands. And she goes all over the state promoting the work of the agency.
MR. HAYES: One other question. What is your private occupation?
MS. LEAGUE: Manufacturing. We manufacture ... our company was founded in Greenville in 1917 and it is a fourth generation family owned manufacturing business. We manufacture close tolerance component parts for industrial machinery and equipment worldwide.
MR. HAYES: I was just looking at your resume, and I'll tell you, this is about as full a load as I've ever seen. So you're remarkable to keep a business up and all the other things you do, and I commend you for that.
MS. LEAGUE: Thank you, sir.
MR. HAYES: Nothing further.
MR. MATTHEWS: Are there any other questions?
MR. BAILEY: I see you're very active in the Republican party?
MS. LEAGUE: Yes, sir.
MR. BAILEY: That's it, thank you, ma'am.
MR. REESE: Mr. Chairman, before she leaves, back to what were talking about, what Representative Bailey was talking about with the banking. Has that Bill come through the Senate?
MR. BAILEY: No, it's still on our calendar.
MR. REESE: Because I get a lot of complaints from ... about LLR and you do too. I'll be a little leery to transfer something from them where we get no complaints over there.
MR. BAILEY: Mr. Senator, I brought it up to find out if there was any problem within the agency dealing with this. Not because to debate the Bill here at the Consumer Affairs meeting. But I signed on the Bill because I thought there was some problems in the agency, and I should have really asked before I did that. But anyway, you all have a shot at it.
MR. REESE: Good. And we're running out of time. Thank you.
MR. MATTHEWS: The only question I've got in terms of your seeking pledges, you have not sought any pledges prior?
MS. LEAGUE: No, I have not.
Printed Page 2630 . . . . . Wednesday, May 3, 2000
MR. MATTHEWS: Any other questions? No other questions. Thank you very much.
MS. LEAGUE: Thank you.
MR. MATTHEWS: Thank you for coming. This is going to be kind of short and kind of brief. I'm going to turn it over to staff and he's going to swear you in and ask you a series of questions. After that it will be opened up to the House and Senate members to ask any questions they want to. Then I'll ask a final question, and after that you'll be excused.
JAMES J. RAMAN, being duly sworn, testifies as follows:
MR. BELL: Do you affirm that the answers you previously provided to the committee on the Personal Data Questionnaire and the Statement of Economic Interests are true and correct?
MR. RAMAN: I do.
MR. BELL: Do you or any member of you family own or operate any business which contracts with the state or federal governments?
MR. RAMAN: No.
MR. BELL: Do you or any member of your family own or operate any business that receives state of federal funds?
MR. RAMAN: No.
MR. BELL: Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
MR. RAMAN: I have not.
MR. BELL: Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
MR. RAMAN: No.
MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
MR. RAMAN: No. No, I have not.
MR. BELL: Are you now or have you ever been employed as a "lobbyist" or acted in the capacity of a "lobbyist principal"?
MR. RAMAN: No.
MR. BELL: Do you know of any reason why you would have any difficulty performing the duties of this position?
MR. RAMAN: I know of no reason.
MR. BELL: From your resume I can tell you're involved with consumer law, but if you'd like to explain why you're interested in the position, you're welcome to make a brief statement.
MR. RAMAN: Gentlemen, since about 1986 I've practiced consumer law exclusively representing consumers. I'm probably may be the only
Printed Page 2631 . . . . . Wednesday, May 3, 2000
one in the state that just practices consumer law and nothing else. I do it full time. I have acquired a good bit of knowledge in that area in that period of practice.
MR. MATTHEWS: Are there any questions by any members of the screening committee?
MR. REESE: If you got elected to the Commission, would you have to stop practicing consumer law?
MR. RAMAN: No, not as I know of. If I had to, I'd decline the appointment if I had to.
MR. HAYES: Having practiced in this area, I suppose you've dealt with the Department of Consumer Affairs on a number of occasion?
MR. RAMAN: Yes, sir.
MR. HAYES: Is there anything that you'd like to see changed as far as the way the Department does business?
MR. RAMAN: There's only one thing and of course, that would involve funding, so I know that's probably not going to happen. I'd like to see the Department have a little bit more enforcement powers and I'd like for them to occasionally bring a suit representing the consumer. The way it is now, they just ... the consumer makes the complaint, they send a complaint to the offender and the offender writes a letter and there's nothing more the Department can do, and that ends the matter. And the habitual violators of the consumer statutes realize that.
MR. BAILEY: I've got a question. I should have asked this of some other members. That's hard for me to comprehend what you just said. I mean, I believe you, it's just hard for me to comprehend we've got an agency that can't go after the folks that ...
MR. RAMAN: Well, under the law they don't have authority as I understand it to do anything more. They're very limited in whether they can bring suit. They have to get the permission of the Commission to bring a suit and they just don't have the staff to bring many suits. I'd like to see them bring a few. And primarily from the standpoint of the offenders realizing that there's some muscle there.
MR. MATTHEWS: I know they've brought some suits.
MR. RAMAN: Yes, sir, I know they have, but ...
MR. MATTHEWS: They brought one against us on the Insurance Subcommittee where we passed that insurance Bill. That's the crowd who brought the suit to the Supreme Court. To be honest, you were correct, but they sued us. So they do bring some cases. Maybe not enough, but they have the authority to do that. They might need some more money, but I know of a couple suits that they've brought. Are there any other questions?
Printed Page 2632 . . . . . Wednesday, May 3, 2000
MR. MARTIN: You're being appointed, reappointed?
MR. RAMAN: No, sir, I haven't.
MR. MARTIN: You've never been on it?
MR. RAMAN: No, I've never been on it.
MR. HAYES: Two seats and three candidates, is that right?
MR. MATTHEWS: We've got two seats and three candidates. What we will do as soon as he's dismissed, we'll talk about the candidates and then we'll make our report and we'll have to elect them in a joint session. Let me ask you a question. And this being your first time, you recognize that you cannot seek any pledges until we release our report?
MR. RAMAN: Yes, sir, I realize that.
MR. MATTHEWS: So you have not sought any pledges?
MR. RAMAN: I have not sought any pledges and don't plan on it.
MR. MATTHEWS: That's the only question I had. Anybody got any questions?
MR. REESE: Mr. Chairman, the first man that was in here, he is the acting chairman of the Commission, made the statement that there are nine commissioners and at present we only have seven and of course we have these two appointments up for reappointment by the General Assembly, but he said that the Governor has two slots that have not been filled. So what I would like to suggest is that we seem to have three fine candidates, you know, one is going to get left out, but if it doesn't work out, we need to encourage them to go to the Governor's Office and seek this appointment because there's no sense in him leaving these open and languishing out there. And Mr. Raman is from Spartanburg and he had talked to me a year or so ago about seeking to get on the Commission and he originally had talked to me about one of the Governor's slots. And we assumed or you thought that he had made this appointment, so maybe they're still open. And this is his wife back in the back, so I'm just kind of talking out loud because we may not get to talk when you all go back to Spartanburg in a minute. But we might want to pursue or you all might want to pursue that angle or pursue for in case ... and maybe all three could end up on the Commission.
MR. MATTHEWS: That's their option. We certainly can't elect but only two of them. Is there any other comments from any other members? If not, thank you, sir. Thank you very much.
(There being nothing further, the screening ended at 3:40 p.m.)
Committee Report
The following persons were found qualified to be candidates running for Seats 2 and 4 with terms that begin on September 1, 2000:
Printed Page 2633 . . . . . Wednesday, May 3, 2000
Lonnie Randolph, Jr. of Columbia, South Carolina
Barbara B. League of Greenville, South Carolina
James J. Raman of Spartanburg, South Carolina
Candidates may seek and receive pledges of votes from members of the General Assembly after 10:00 a.m. on Wednesday, May 3, 2000.
Respectfully submitted,
/s/ John W. Matthews, Jr., Chairman
/s/ Senator Robert W. Hayes, Jr.
/s/ Senator Glenn G. Reese
/s/ Senator Larry A. Martin
/s/ Representative George Bailey
/s/ Representative James N. Law
/s/ Representative Teddy N. Trotter
/s/ Representative Willie B. McMahand
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Doctor of the Day
Senator RAVENEL introduced Dr. Arthur Hutson of Charleston, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator RAVENEL, at 11:05 A.M., Senator McCONNELL was granted a leave of absence for the week.
RECALLED
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM
Printed Page 2634 . . . . . Wednesday, May 3, 2000
CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1372 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION OFFERING THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE AIKEN BOXING CLUB/YOUTH DEVELOPMENT CENTER UPON BEING CHOSEN AS THE OFFICIAL HOST OF THE 2000 JUNIOR OLYMPIC CHAMPIONSHIPS ON FRIDAY, MAY 5, 2000, AND SATURDAY, MAY 6, 2000.
l:\council\bills\pt\2054dw00.doc
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5017 (Word version) -- Rep. Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY OF MR. DOLPHIS "JACKIE" HALL OF LEXINGTON COUNTY, UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5018 (Word version) -- Reps. Harris, Jennings and Lucas: A CONCURRENT RESOLUTION RECOGNIZING WITH GRATEFUL APPRECIATION THE LONG AND DEDICATED SERVICE OF THE HONORABLE JAMES E. LEPPARD, JR. OF CHESTERFIELD COUNTY TO THE CITIZENS OF SOUTH CAROLINA AS DENTIST, SENATOR, AND MAGISTRATE, AND ACKNOWLEDGING HIS MANY AND VARIED CONTRIBUTIONS TO THE ENRICHMENT OF THIS STATE.
Printed Page 2635 . . . . . Wednesday, May 3, 2000
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5020 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA STATE UNIVERSITY "BULLDOGS" MEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THEIR OUTSTANDING 1999-2000 SEASON, AND TO RECOGNIZE HEAD COACH CY ALEXANDER AND HIS STAFF FOR AN EXCEPTIONAL SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
REPORTS OF STANDING COMMITTEES
Senator LAND from the Committee on Transportation polled out H. 4271 favorable:
H. 4271 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTO0MOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.
Poll of the Transportation Committee
Polled 12; Ayes 12; Nays 0; Not Voting 6
AYES
Land Leatherman Leventis
Patterson McGill Elliott
Printed Page 2636 . . . . . Wednesday, May 3, 2000
Rankin Short Alexander
Fair Passailaigue Branton
TOTAL--12
NAYS
TOTAL--0
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4775 -- Ways and Means Committee: (GENERAL APPROPRIATION BILL)
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Ordered for consideration tomorrow.
Message from the House
Columbia, S.C., May 3, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
asks for a Committee of Conference, and has appointed Reps. Law, Battle and Witherspoon to the committee on the part of the House.
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Very respectfully,
Speaker of the House
H. 3393--CONFERENCE COMMITTEE APPOINTED
Whereupon, the PRESIDENT Pro Tempore appointed Senators McGILL, PASSAILAIGUE and GREGORY to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
ORDERED ENROLLED FOR RATIFICATION
The following Bill 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. 4304 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 40-57-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, SO AS TO CLARIFY CERTAIN CIRCUMSTANCES UNDER WHICH A TRUST ACCOUNT MUST BE ESTABLISHED AND MAINTAINED.
HOUSE BILLS RETURNED
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
H. 3870 (Word version) -- Reps. J. Smith, Harrison, Altman, Bailey, Bales, Campsen, Dantzler, Davenport, Edge, Emory, Harvin, Hayes, Keegan, Kelley, Lloyd, Lourie, Mack, Martin, McGee, Ott, Sandifer, Sharpe and Stuart: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 5 SO AS TO ENACT THE "SOUTH CAROLINA
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NOTORIETY FOR PROFIT ACT" WHICH SHALL PROVIDE PROCEDURES FOR THE RECOVERY OF PROFITS OBTAINED OR GENERATED FROM THE COMMISSION OF A CRIME BY ELIGIBLE PERSONS OR BY THE STATE OFFICE OF VICTIM ASSISTANCE AND TO REPEAL SECTIONS 15-59-40 THROUGH 15-59-80, RELATING TO MONEYS PAID INTO COURT.
H. 4392 (Word version) -- Rep. Wilkes: A BILL TO AMEND CHAPTER 6 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF AUCTIONEERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF AUCTIONEERS.
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "NEWBORN PROTECTION ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
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THIRD READING BILL
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1178 (Word version) -- Senators Patterson, Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-17, SO AS TO EXTEND ELIGIBILITY FOR STATE EMPLOYEE BENEFITS TO TEMPORARY STATE EMPLOYEES, TO REQUIRE TEMPORARY EMPLOYEES TO MEET THE SAME ELIGIBILITY REQUIREMENTS APPLICABLE TO PERMANENT EMPLOYEES, AND TO PROHIBIT DISCRIMINATION IN THE HIRING OF TEMPORARY EMPLOYEES BASED ON THIS ELIGIBILITY.
Senator PATTERSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1371 (Word version) -- Senator Passailaigue: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN CHARLESTON 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.
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AMENDED, READ THE SECOND TIME
H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators RUSSELL and REESE proposed the following amendment (4972R001.JRR), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/ SECTION ____. For any public school in Spartanburg County, during the sport season for soccer, a student who resides in Spartanburg County, while a member of a school soccer squad or team engaged in interscholastic soccer, may become a member of or participate in an organized soccer team which is independent of the school's control as long as the participation does not interfere with the scheduled week day league games of the school squad or team. A school or student in the county is not ineligible for participation in interscholastic soccer because of participation by a student as a member of an organized soccer team, which is independent of the school's control. /
Amend the title, as and if amended, to read:
/ TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS, AND TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG 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. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
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There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4972--Ordered to a Third Reading
On motion of Senator REESE, H. 4972 was ordered to receive a third reading on Thursday, May 4, 2000.
OBJECTION
H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.
Senator MOORE explained the Bill.
Senator BRANTON objected to further consideration of the Bill.
CARRIED OVER
S. 1197 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE
Printed Page 2642 . . . . . Wednesday, May 3, 2000
STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
CARRIED OVER
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 8 (3R025.LAR) proposed by Senator RANKIN and previously printed in the Journal of Wednesday, April 19, 2000.
On motion of Senator MOORE, the Bill was carried over, with Senator PASSAILAIGUE retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
MOTION ADOPTED
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
Printed Page 2643 . . . . . Wednesday, May 3, 2000
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
CARRIED OVER
S. 791 (Word version) -- Senators Gregory and Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR HUNTING DEER ON SUNDAYS ON PRIVATE LAND IN GAME ZONE 4.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator PEELER, the Bill was carried over.
MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. St. Julian F. Devine of Charleston, S.C., the first black to serve on the Charleston City Council since Reconstruction, who passed away at the age of 88.
ADJOURNMENT
At 11:30 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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