Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 20:1:   "May the Lord answer you when you are in distress; may the name of the God of Jacob protect you."
Let us pray. Lord, You have trusted us with freedom and rescued us from many dangers in life. Be present here with us as these men and women carry out Your gifts of freedom to this State and her people. Be their guide in times of crisis. Guide, protect, and give wisdom to our leaders and protect our Armed Forces in harm's way. Hear our prayer, O God of Grace. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of United States Marine Corp. Sgt. George Buggs of Barnwell, cousin of Representative Hosey, who was killed in Iraq, which was agreed to.

The following was received:

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.

College of Charleston

At-large, Seat 14

James F. Hightower

Clemson University Board of Trustees

At-Large, One Seat

Greg W. Anderson

Al Berry

Pat Black, Jr.

Vernon Merchant

Bob Peeler

Jack Shuler

B. K. "Bud" Webb

Rodney Williams

Wil Lou Gray Opportunity School

At-large

Vince Rhodes

Respectfully submitted,
Rep. Olin Phillips, Chm.     Sen. Warren K.Giese
Rep. Becky Martin           Sen. Maggie Glover
Rep. Lanny F. Littlejohn     Sen. Thomas Alexander
Rep. Jesse E. Hines         Sen. Linda Short

APPEARANCES:

Representative Olin Phillips
Representative Jesse Hines
Representative Lanny F. Littlejohn
Representative Becky Martin
Senator Thomas Alexander
Senator Linda Short
Senator Warren Giese

ALSO PRESENT:
Sophia Floyd

APPEARANCES:

Representative Olin Phillips
Representative Jesse Hines
Representative Lanny F. Littlejohn
Representative Becky Martin
Senator Thomas Alexander
Senator Linda Short
Senator Warren Giese

ALSO PRESENT:
Sophia Floyd

CHAIRMAN PHILLIPS: I call the committee meeting to order, the joint committee to screen candidates boards and commissions of various universities. At this time I would like to introduce you to our panel, house members and senators. To my far left is Representative Jesse Hines from Lamar and Florence Counties; and Representative Lanny Littlejohn from Spartanburg County; and on my far right is Senator Tom Alexander from Oconee; and Senator Linda Short from Chester; and Senator Warren Giese from Richland; and myself, Olin R. Phillips from Cherokee, Gaffney. We had a couple of candidates who didn't make it before, there's just one of them, and if he's here, I'd like to take him now so we won't hold him up. It's Wil Lou Gray. Is Vince Rhodes here?
MR. VINCE RHODES: I'm present, sir.
CHAIRMAN PHILLIPS: Vince, if you would, ...
MR. VINCE RHODES: Thank you, sir.
CHAIRMAN PHILLIPS: ... we'll take you. We've got a couple more committee members who are on the way. I appreciate all of you being here and taking the time to offer your services. And we have Sonya Grice with the Creel Agency who will be doing our stenography work for us today, and we appreciate that. And Sophia Floyd, our staff member, to my left here. And at this time, will you please raise your right hand, sir.
MR. VINCE RHODES: (Complies).
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth so help you God?
MR. VINCE RHODES: Yes, sir.
CHAIRMAN PHILLIPS: Have you ever developed any illness that we need to be made aware of?
MR. VINCE RHODES: No, sir.
CHAIRMAN PHILLIPS: None. Have you ever accepted any other appointments or committee assignments ...
MR. VINCE RHODES: No, sir.
CHAIRMAN PHILLIPS: ... that would cause dual office holding?
MR. VINCE RHODES: No, sir.
CHAIRMAN PHILLIPS: All right. Does your occupation or profession cause any conflict of interest at this time?
MR. VINCE RHODES: No, sir.
CHAIRMAN PHILLIPS: Okay. Would you give us a short statement?
MR. VINCE RHODES: Yes, sir, I will. Let me first say that it's certainly been an honor and a privilege for me to serve as a member of the Board of Trustees at the Wil Lou Gray Opportunity School for a number of years now. Sometimes I lose count of the number of years
that I have served in that capacity. It's another honor for me that I have, as I look back on the historical data, that I have known or served with, all of the directors of the Wil Lou Gray Opportunity School. I had the privilege of knowing Dr. Wil Lou Gray and, let me tell you, she was quite a lady. And we are doing some exciting things at the opportunity school that you -- I believe most of you know that we have a memorandum agreement with the South Carolina National Guard to work collectively at the Youth Challenge Academy and it's been an amazing program. If you look at the school systems in South Carolina and see what's wrong, it's amazing what strict military discipline will do, and the modifications in behavior, that take place after those students complete the 22 weeks of training and academic preparation at the school.
CHAIRMAN PHILLIPS: Do any committee members have any questions? None. What's the committee's recommendation?
SENATOR SHORT: Move favorable report.
CHAIRMAN PHILLIPS: Favorable report.
REPRESENTATIVE HINES: Second.
CHAIRMAN PHILLIPS: Moved by Senator Short, seconded by Representative Hines. All in favor signify by saying aye.
THE COMMITTEE: (All answer in the affirmative).
CHAIRMAN PHILLIPS: Hopefully -- well, you're unopposed so, anyway, we hope that maybe Tuesday -- a week from Tuesday coming, that we can go ahead and release the rest of these because we have to get it transcribed and it has to be in the journal in 48 hours. So you're welcome to start --
MR. VINCE RHODES: Okay. Fine. Thank you, sir.
Appreciate it. Thank you, Members of the Committee.
CHAIRMAN PHILLIPS: Okay. It'll be next -- excuse me. Vince.
MR. VINCE RHODES: Yes, sir. I'm sorry.
CHAIRMAN PHILLIPS: We'd better not take the chance. We'll say next Thursday at 11:00, okay?
MR. VINCE RHODES: Fine. Thank you, sir.
SENATOR ALEXANDER: That'll be the 10th.
CHAIRMAN PHILLIPS: Yes, sir.
SENATOR ALEXANDER: Not this Thursday but next.
CHAIRMAN PHILLIPS: Yes, sir.
MR. VINCE RHODES: All right. Thank you so much.
CHAIRMAN PHILLIPS: We have one more that we'd like to get out of the way because there's only one candidate, that's The College of Charleston. This is a vacated seat by the resignation of one of the members of the College of Charleston. Jimmy Hightower.
MR. JAMES HIGHTOWER: Good morning.
CHAIRMAN PHILLIPS: Please raise your right hand, sir.
MR. JAMES HIGHTOWER: (Complies).
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth so help you God?
MR. JAMES HIGHTOWER: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any illness that the committee needs to be made aware of?
MR. JAMES HIGHTOWER: No, sir.
CHAIRMAN PHILLIPS: Do you hold any other offices or appointments that would make a conflict of interest if you were to be elected to this board?
MR. JAMES HIGHTOWER: None.
CHAIRMAN PHILLIPS: None. Any profession or hobbies that would cause any conflicts of interest in serving this board?
MR. JAMES HIGHTOWER: I would forego any business with the College of Charleston through my construction company.
CHAIRMAN PHILLIPS: Sir?
MR. JAMES HIGHTOWER: I currently -- or in the past, have done construction work for the college. I would forego any future opportunities with the college. I do not have any current projects.
CHAIRMAN PHILLIPS: Nothing current?
MR. JAMES HIGHTOWER: No, sir.
CHAIRMAN PHILLIPS: All right, sir. If you would go ahead and make a short statement to us.
MR. JAMES HIGHTOWER: My name is James Hightower. I'm president of Hightower Construction. I'm a 1982 graduate of the College of Charleston. I have twin sons that are freshmen at the College of Charleston. I was a member of the Alumni Association Executive Board for three years. In 1999 I was inducted into the Athletic Hall of Fame at the college in golf. In 1990, the Hightower family established the first fully endowed athletic scholarship at the College of Charleston. And as I said before, my company has performed many construction projects for the College of Charleston over the years. I would like to serve on the Board of Trustees to offer my professional construction experience during the college's major building campaign, especially the arena. I think I can give them a lot of insight on that part of the business. I also would like to see President Higdon's 4th Century initiative achieved, which is decrease the class sizes, improve student/faculty ratio, better financial aid to students and increase course offerings. In concluding, I'm willing to sacrifice future business opportunities with the College of Charleston for the opportunity to serve on the Board of Trustees. This institution means that much to me.
CHAIRMAN PHILLIPS: Do we have any questions of any committee members? Senator Alexander.
SENATOR ALEXANDER: I commend you from that aspect in your willing to do that. What do you see as kind of the mission of the College of Charleston?
MR. JAMES HIGHTOWER: The first -- the 4th Century initiative established by President Higdon and the Board of Trustees I think is a big step towards streamlining the College of Charleston. They're looking at reducing class sizes. They're also looking at decreasing our, or improving student/faculty ratio, as well as the SAT scores are up quite a bit. So overall I think it's headed in the right direction.
SENATOR ALEXANDER: Thank you.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR GIESE: Move favorable report.
CHAIRMAN PHILLIPS: Senator Giese moves favorable report.
SENATOR ALEXANDER: Second.
CHAIRMAN PHILLIPS: Seconded by Senator Alexander. All in favor signify by saying aye.
THE COMMITTEE: (All answer in the affirmative).
CHAIRMAN PHILLIPS: Any nos? No. Okay, sir, you're now certified and next Thursday at 11:00 you may solicit support for your seat.
MR. JAMES HIGHTOWER: Thank you.
CHAIRMAN PHILLIPS: I might add that there was an opponent, Shana Jolson. Ms. Jolson had a maternity problem and decided to withdraw.
SENATOR GIESE: A maternity problem?
CHAIRMAN PHILLIPS: Yes. She wouldn't be available and so she has withdrawn at this time for future times that she may be available to
serve.
MR. JAMES HIGHTOWER: Thank you.
CHAIRMAN PHILLIPS: Now we'll get to the Clemson Board. We have one seat, and this seat was a seat that was through a resignation, and it's an at-large seat, and we had quite a number of people to qualify asking for that one seat. And at this time we will start with those people who are interested in serving. And it's great to see quite a number of people asking to serve on Clemson, because last year we only had four, I think, candidates and three seats. So it looks like there's some attention being given to The Clemson Board of Trustees at this time. At this time we'd like to ask Greg W. Anderson. Mr. Anderson. Please raise your right hand, sir.
MR. GREG ANDERSON: (Complies).
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth so help you God?
MR. GREG ANDERSON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any health-related problems that the committee needs to be made aware of, Mr. Anderson?
MR. GREG ANDERSON: No, sir.
CHAIRMAN PHILLIPS: Your profession or hobbies wouldn't cause any kind of conflicts of interest in serving on the board?
MR. GREG ANDERSON: No, sir, none whatsoever.
CHAIRMAN PHILLIPS: All right. Do you hold any other elected or appointed position that would cause dual office holding?
MR. GREG ANDERSON: No, sir.
CHAIRMAN PHILLIPS: You do not. Give us a short statement, sir.
MR. GREG ANDERSON: Thank you, Mr. Chairman, Members of the Committee. I appreciate the opportunity to be here today. And let me say from the very beginning that I have wanted to serve on the Clemson board all my entire life. I first stepped foot on the Clemson campus when I was five years old. And the primary reason I want to serve on the Clemson board is that I want to make sure that Clemson has the kind of positive impact on future generations that it has had on me. And I don't want to be repetitive, I know you have my written testimony, but there are a few things that I do want to call to your attention. First, I believe that I'm well qualified. I'm familiar with Clemson's history, with Clemson in every respect, from its history to its plans for the future. It is also no accident that I have spent all my adult life serving on countless boards and advising councils which served as solid training for this job. I know how boards function, I know how they operate, I know how to make them effective, and I know how to get things done. Second, I am from Edgefield. A small town in rural South Carolina. I would bring a perspective to the board that Thomas Green Clemson expected to serve to help educate rural South Carolinians. If you put my name in nomination, you will put the name of every small town in nomination and give rural South Carolina a voice on the board. I have two children attending school there now. I know what it's like to borrow money to pay tuition, to give your children spending money, and to purchase books. If you're looking for somebody to rubber-stamp everything that comes before the board, it's not going to be me. I promise you I will never lose touch with reality, nor lose my common sense in making decisions while serving on the board. Third, I will work for the future for Clemson University. I applaud President Barker and the trustees for all of the exciting things that are going on there now. I don't know if any of you have been on campus lately, but there are a lot of things happening. Everything from academic construction, athletic construction, highway construction, restoration of the Calhoun mansion, and the demolition of what we affectionately have called the tin cans. I believe that if we continue to have proper and well thought out planning, a strong faculty, and a sense of pride, we can continue to make good things happen at Clemson. And finally, and most importantly to me, I genuinely have a devotion and love for Clemson University. My father went there, my uncle went there, my three brothers went there, countless nieces and nephews and cousins have gone there, and as I said earlier, my two daughters are there now. I want to be on the Clemson board for the right reasons. I do not consider it a stepping stone, it is where I want to be. I have an appreciation for Clemson's history with an eye toward the future. I'm willing to give all the time and energy necessary to be the best trustee a person can be. I hope that you'll give me that chance. Thank you.
CHAIRMAN PHILLIPS: Thank you, Mr. Anderson. Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Mr. Anderson, thank you for applying for this trustee seat. Is there a limit to Clemson's enrollment? Do you see a point of capping Clemson's enrollment?
MR. GREG ANDERSON: As you know, they have 17,000 students there now, 3,000 undergraduates. I mean, 3,000 graduates, 17,000 total. I think that's probably the limit that they can reach because of space limitations and class sizes and the general overall budget. I believe that's as far as they can go. As you know, they tried to increase the freshman class a couple of years ago, that turned out not to be so good because they had people living on top of each other and it was just a mess. So I think probably the 17,000 limit is as far as they can go. It's a pretty good mixture. It has 54 percent men, 46 percent women, about nine percent are minorities. That figure needs to improve some and minorities need to be improved some on the faculty, I think. But I think 17,000 is probably the limit.
REPRESENTATIVE LITTLEJOHN: Thank you.
CHAIRMAN PHILLIPS: Any other questions?
REPRESENTATIVE HINES: Yes, sir.
CHAIRMAN PHILLIPS: Representative Hines.
REPRESENTATIVE HINES: Mr. Anderson, as you have observed, you have quite a few candidates that are interested in this seat. Can you cite one or two things that might set you apart from the others who maybe vie for the same seat?
MR. GREG ANDERSON: I think everybody who has applied is a very viable candidate. I don't have anything negative to say about any of them. I can just tell you, though, that my heart and my soul will be in this job. I have a lot of connections with Clemson. I have a place to stay when I go up there. I go up there quite a bit. I feel like I live there now anyway. So I think as far as that goes, I just believe I could offer a fresh approach to some things. And again, I think one thing that might separate me out from the others would be that I would represent rural South Carolina and we can get that voice on the board. Which I think is very important in this day with the economy the way it is and that sort of thing.
CHAIRMAN PHILLIPS: Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman. I'm going to follow up with the same question I asked on the other one, what do you see as the mission of Clemson University?
MR. GREG ANDERSON: I think the mission of Clemson --
SENATOR ALEXANDER: Briefly.
MR. GREG ANDERSON: I think, in a very few words, the mission of Clemson University is to provide the best education possible for South Carolinians first, and out-of-staters second. I think that's the primary mission it is that they can have. And it needs to be an overall education, not just one field above another, it needs to be in every aspect of education it can possibly do and do it well. And I think from the engineering department to the agriculture department, political science department, all the departments they have there now are well functioning departments. They recently reorganized, as you know, the colleges, from nine colleges down to four, which I think was a very good move. And I think all of that streamlines the mission to make it focus, so that we can better provide an education for our children.
SENATOR ALEXANDER: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Thank you, sir.
SENATOR GIESE: Move favorable report.
CHAIRMAN PHILLIPS: We're going to go along with all of them before -- Thank you, sir.
MR. GREG ANDERSON: Thank you.
(Senator Giese exits.)
CHAIRMAN PHILLIPS: The next candidate will be Al Berry. Senator Giese had to leave to go to a funeral. He just wanted you to know why he was leaving. It's for one of his constituents. Please raise your right hand.
MR. AL BERRY: (Complies.)
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth so help you God?
MR. AL BERRY: Yes, sir.
CHAIRMAN PHILLIPS: Mr. Berry, do you have any illness the committee needs to be made aware of?
MR. AL BERRY: No, sir.
CHAIRMAN PHILLIPS: Do you hold any elected or appointed positions that would constitute a dual office holding?
MR. AL BERRY: No, sir.
CHAIRMAN PHILLIPS: Your hobbies or profession would not cause any conflict of interest if you should be elected to the board, does it?
MR. AL BERRY: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Give us a short statement.
MR. AL BERRY: My lifelong dream has been to serve as a trustee of Clemson University. My love for Clemson began, really, as a small person, a small individual, as I recall the farm home weeks at Clemson University. My Clemson experience was extremely positive. I had the opportunity, and I think now a privilege, to work myself financially and pay for my own costs as I obtained my education there. I found time for student life also, and was happy to be named as the top ten student in the College of Agriculture. While there, I was admitted to two honorary academic societies. In 1965, I left with my diploma and headed to a life of public education. That commitment that I made at that time was to give back to the institution that had given so much to me. Through those opportunities, I've been involved with the university. I'm a life donor of the IPTAY as well as a major donor to the Clemson Foundation. My journey of service recently has involved five years of experience of giving time on the Clemson Board of Visitors. Two years ago I was fortunate to serve as its chairman. Today I'm involved with the Executive Committee for the one Clemson Weststone Project. My passion for the university has caused my wife and I to endow two academic scholarships at the university: one in the College of Agriculture and one in the College of Education. We want our legacy to continue to support those students who have financial needs in order that they, too, might obtain a degree from Clemson University. This spring, I'm fortunate to say, that I'll be recognized for one of the PSA awards at Clemson University given by the Clemson Alumni Association. My desire to serve on the Clemson Board of Trustees is a higher commitment of service. It's a part of Clemson's rich history. I would love to serve in the government's roll to help create Clemson's future. My 31 years in public school, and 27 of those in public leadership as an administrator, I think will provide linkages as we see now in the College of Education through the Moore College. I think that through that college we will see significant gains given to public education throughout our State.
CHAIRMAN PHILLIPS: Okay, sir. Any questions from any of the committee members? Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman. Let me just follow up as well as I have on the other ones as far as what do you see as the mission of Clemson University?
MR. AL BERRY: I truly believe that the focus of all we do at Clemson in regards to students we must keep them very central and true to our focus. We must provide, I think, the top tier experience for those students who are graduating from our high schools in South Carolina for they will have opportunities not only for the academic aspects but also provide for them the opportunities through research, service, learning type projects, cooperative learning experiences, internships and whatnot. I also believe that, as we look at the enrollment at the university that diversity is, too, very important, and we must put in place those avenues in which we are able to successfully recruit those students who could be successful to come to Clemson, as well as provide academic assistance through the Learning Centers while there. Certainly, as a land grant institution, we have responsibilities to our State in regards to public service, and that I think we must always keep in front. As we look at our state-at-large, in terms of the economic development of our State, I do believe that the research aspect of our university is very important, and we must seek not only the funds that we receive from our State but also those of private sources that we might maximize this potential. I do believe that teaching is very important and must be an important aspect of the academic experience at Clemson. In order to have effective teaching, it involves recruiting in, I think, a very aggressive manner, recruiting professors who would come and be a part of our faculty who excel in teaching. For those who have deficiencies, I think we must look at avenues in which we can improve those teaching skills of those who are already on our faculty. Thank you very much.
SENATOR ALEXANDER: And if I could, just one brief follow up.
CHAIRMAN PHILLIPS: Go ahead, sir.
SENATOR ALEXANDER: A brief response. There has been a -- you talked about the research aspect, there has been a movement to have the three universities, or research universities here in South Carolina moved out from under the Division of Higher Education. Do you have a feel or a position on that proposal? Briefly.
MR. AL BERRY: I think as we look at our State, we look at the numbers of universities that our State supports, certainly three stand out very significantly as being major contributors, not only for the academic but the research aspect that we would see in a major university. And I believe as we -- I support that bill, and I support it because, as we separate those three, I think we can concentrate better to maximize the funds that are available and be effective in the application process of that.
SENATOR ALEXANDER: Thank you.
CHAIRMAN PHILLIPS: Representative Hines.
REPRESENTATIVE HINES: Mr. Berry, as you view things in retrospect, how would you rate Clemson as it presently stands now, as it has been in the past, and if not that, could you cite one or two specific things that you would advocate for the future?
MR. AL BERRY: Well, certainly the university has made major changes since I left there in 1965. If we look at the student body today, as we look at the teaching aspects of the university today, I see major changes there. We see students who I think are better prepared to go to the university level today. We're offering a broader scope of activities that will enrich the academic aspect. We have study abroad for students. We have research where we are involving undergraduate students in the research aspects of the university. So I see many things there in place that will enrich the student life. And as far as the instructional aspect, when I was there it was mostly in the lecture type form, and for those of us in education, we know today that that instructional approach has changed greatly. And today we see the disciplinary action involving more than one discipline in the approach to teaching and I think that's very important. We have to bring and make word in life. As we see life type experiences here, then what the student will see will be applicable to their future.
CHAIRMAN PHILLIPS: Any other questions? Thank you, sir.
MR. AL BERRY: Thank you.
CHAIRMAN PHILLIPS: Next is Pat Black, Jr.
MR. PAT BLACK: Yes, sir.
CHAIRMAN PHILLIPS: Will you raise your right hand, please?
MR. PAT BLACK: Certainly.
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth so help you God?
MR. PAT BLACK: Yes, sir.
CHAIRMAN PHILLIPS: Mr. Black, do you have any health-related problems that the committee needs to be made aware of?
MR. PAT BLACK: No, sir. I'm in excellent health.
CHAIRMAN PHILLIPS: Do have any personal or occupational hazards that would cause a conflict of interest?
MR. PAT BLACK: No, sir, no conflicts of interest.
CHAIRMAN PHILLIPS: None?
MR. PAT BLACK: No.
CHAIRMAN PHILLIPS: Do you hold any elected or appointed positions within your community that would cause a dual office holding?
MR. PAT BLACK: None that would cause dual office holding or conflict of interest. I do serve as chairman of our Economic Development Commission in Calhoun County, but that's an appointed position. It would cause no conflict of interest.
CHAIRMAN PHILLIPS: All right, sir. Go ahead.
MR. PAT BLACK: Mr. Chairman, Members of the Committee, it's my pleasure to be here before you this morning and ask for the -- to support my candidacy for the vacant seat on the Clemson University Board of Visitors. I desire to serve on this Board of Trustees for two paramount reasons. First, I feel that my confidence -- I feel confident that my experience, background and contributions in the provision of education, in higher education, and economic development will be assets to the composition of the Clemson Board of Trustees; couple this with my loyalty and allegiance to Clemson University that has been designated and shown in service through Clemson University over the years, is to provide a service to the people of South Carolina in this capacity. And secondly, and perhaps importantly, I believe strongly in both the mission of Clemson University and the mission of our nation's land grant college system on which Clemson is a proud member. I'm a native of Orangeburg, South Carolina, a 1971 graduate of Clemson University with a Bachelor of Science Degree in Agriculture Economics, and I also hold the Master's in Agriculture Degree, having graduated in 1973 from Clemson. I reside in Calhoun County, in Cameron, with my wife Catherine. I have one daughter who is a student at Clemson University, and another who's a high school student. I have a genuine respect for the mission of South Carolina High School -- South Carolina Institutions of Higher Education and admiration for their contributions to our state. My service to Clemson is a strong indicator though of my loyalty and allegiance to my own Alma Mater. Because I have a sincere appreciation for Clemson University, the land grant college system, and what they have offered to me and my family, my service to Clemson and higher education has been, and continues to be, a labor of love. My service to Clemson has been exemplary and I believe continues to be distinguished, recognized and appreciated. This service includes active membership in the Clemson Alumni Association and IPTAY. I'm a current member and past chairman of the Clemson University Board of Visitors; and also the Clemson Agriculture Alumni, as a member and as past president of that organization. I have served on the Commission of the Future for Clemson University, and I currently serve on the Selection Committee for the Dean of the College of Agriculture, Forestry, and Life Sciences for Clemson. I am also a mentor in the Call Me Mr. Program. A renown program that is fostered through Clemson, Jeff Davis and his program, with historically black colleges throughout the state. I'm a mentor for several of the students who are at the Claflin Program. So elected to the Clemson Board of Trustees would be an honored opportunity for me to continue service to Clemson University and the State of South Carolina. Clemson University has offered to me and other members of my family the opportunity for an education. It has been based on the sciences and technologies, as well as in the arts. Given our propensity to obtain a college education, we may well have achieved this goal with other institutions; however, the mission of the land grant college system, along with the mission of Clemson University, our land grant college, has allowed this goal to be obtained with a life of over now three generations. I believe my experience in education, in higher education, and economic development and documented service to Clemson, which is outlined in my statement presented to you, along with my vision for what Clemson can and will become, as well as my unselfish desire to serve in this capacity, will serve Clemson University and the citizens of South Carolina in an exemplary capacity and manner. Therefore, it is an honor and privilege for me to stand before this Screening Committee today and look to service, and further service, for Clemson University and the people of the State of South Carolina.
CHAIRMAN PHILLIPS: Thank you, sir. Any committee members have any questions? Representative Hines.
REPRESENTATIVE HINES: In regards to the minority/majority ratio in the student population, what's your thoughts in that area? Are you familiar with the majority/minority ratio of students enrolled at Clemson?
MR. PAT BLACK: Yes, sir. I think minority enrollment is an area that Clemson needs to improve upon. One of the situations that we, of course, face at Clemson, it is in a remote area of South Carolina, but I would prefer, Representative Hines, to show students as to what Clemson has to offer them. And also what the students, of minorities, and all students, for that matter, can bring to Clemson and learn from Clemson and give to Clemson. You're a former AG teacher, you're a former educator, you worked with students every day, just as I do now. It's important to cultivate in the minds of students that they can be successful. I point with pride to several students who have gone on to Clemson and other institutions in South Carolina that when they came into classrooms, my classrooms, your classrooms, they had no concept, no conception that they could ever be successful at any four-year college or university, and it is gratifying now to see some of those. In fact, this spring I will have a couple of students graduate from four-year colleges and universities in South Carolina. Getting them to believe in themselves, that they can attain, that they can perform, that they can contribute to society and also have something to give back to society. I think there's a milestone and is something that we can all be proud of. I think Clemson can address it more aggressively about minority enrollment. I think Thomas G. Clemson had in his idea, in his mind, when he formed Clemson, a vision, that he wanted to educate the people which would, in time, secure permanent prosperity, and I think that includes everyone in South Carolina. The enrollment of minorities at Clemson is something that we need to work on, I believe, and I think we need to show more minority students exactly how they can benefit from Clemson, and how Clemson can benefit them as well.
CHAIRMAN PHILLIPS: Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman. I'll just follow up on my consistency there as far as if you could just address what you see as the actual mission of Clemson, and also respond to the role of the three research universities and their proposal to look at pulling out from underneath the Commission of Higher Education.
MR. PAT BLACK: Well, the mission of Clemson University is very succinct, Senator Alexander. It's simply to fulfill the covenant between Clemson, Thomas Clemson, it's founder, and the people of South Carolina was to have a high seminary of learning. It was the land grant's responsibility to teaching, research, and public service. That is Clemson's mission as a land grant institution. Teaching is very important, vitally important. Teaching has changed over the past few years. Students at Clemson now, and my daughter is one of them, it used to be you would go to class, you'd lecture, you'd go to the library or what-have you, now students have access to a wealth of information at any time. The style of learning has changed. The way students learn has changed. And I think Clemson has adapted very well to that. It can certainly improve. And with my background in education and experience as an educator, I believe I could bring to the board a perspective on teaching and that's part of the land grant mission. Research, one of the three -- one of the three major research universities in the state, of course, is Clemson and that is a major function, a major role, a major mission of a land grant institution. Not just in agriculture, but now in health services and public services, and in other areas, where we can improve the economic development of South Carolina and all of its citizens. And then, of course, public service. Many of our citizens I think do not understand the public service aspect of a land grant institution, and particularly Clemson. I think this can be cultivated even more. It's not just a service that Clemson provides, it is a vehicle which can improve the economic development of the State of South Carolina and the prosperity of all of our citizens. So the mission of Clemson is found here readily. It's a land grant institution, teaching, research, public service, and keeping the covenant of the State. So its mission is very plain. And I support that mission. Your question about the three institutions. I'm sure you're referring to the bill that's before the Legislature now, with Clemson, University of South Carolina and the Medical University pulling out from under the Commission on Higher Education. From time to time we need to look at the structure of our higher education in South Carolina. In 1969 when the Commission on Higher Education was formed and formulated, all of the colleges and universities fit well under that. Clemson's research role of the University of South Carolina and the Medical University's research role has taken on a focus now that I think they should be pulled out from under that. The building boards are certainly capable. This committee has been able to screen us, the Legislature elects them, of all the boards. We have a responsibility to the people of South Carolina to make sure that that research aspect is carried out. But I would favor the three major research universities being pulled out. I might also add, too, that in collaboration, it's been my experience also that in collaboration there are several universities in the state, not only Clemson, but the Calhoun County Development Commission, we work with the University of South Carolina in economic models as to how to help the central business areas of South Carolina, and as you can see from one of my statements that I gave to you, we've also worked with the Medical University of South Carolina and South Carolina State to alleviate the effects of diabetes in Orangeburg and Calhoun Counties. So a collaboration with other institutions is something that I will be very familiar with and could bring that respect to the board as well.
SENATOR ALEXANDER: Thank you. Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: Any others?
SENATOR SHORT: Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Short.
SENATOR SHORT: Mr. Chairman, thank you. If you could very briefly, since you mentioned the public service aspect, Clemson Extension is something that's been very important in the rural counties forever and it has been reduced over the years more and more and more, and I understand the financial problems that every school faces, but how do you feel about Clemson Extension and its offerings in the counties, and how would you approach that if you were a member of the board?
MR. PAT BLACK: Well, when Clemson was founded in the 1800's, the late 1800's, the Legislature gave the Clemson trustees custodial -- well, as custodians, they were custodians, over the Hatch Act and the Moral Act as far as coming to South Carolina. That, of course, is what distinguishes the land grant institution. As a custodian of those, I would like to see Clemson pursue more funds, not just state funds but federal funds. I believe there are a number of federal funds that are available that maybe we aren't tapping as vigorously as we should that would help the economic plight or the economic development of this state through our public service area, PSA, Public Service Administration. It's not just funding. I think there's a clearer understanding, Senator, of what the PSA can do. What PSA can and will do. And it's not just found simply in agriculture, maybe two blades grow where one grew before. Our agricultural research has been very effective through our land grant college system. But Public Service Administration in such areas as healthcare, particularly in rural healthcare, with emphasis on prevention rather than treatment, and how our rural areas of South Carolina could also tap into the healthfulness nutrition needs, additional health prevention programs that would keep them from getting the diseases and preventing diseases, and preventing healthcare problems, rather than just try to fix them later on. But I think we should try to tap more federal funds, more private funds, that are available for PSA. And I think that begins with a clearer understanding of what the Public Service Administration mission is as a part of the land grant college system.
SENATOR SHORT: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Thank you, sir.
MR. PAT BLACK: Thank you.
CHAIRMAN PHILLIPS: Next is Mr. Vernon Merchant. The information given here today will be the truth and nothing but the truth so help you God?
MR. VERNON MERCHANT: Yes, sir. My name is Vernon Merchant and I'm a retired general surgeon from Anderson.
CHAIRMAN PHILLIPS: I want to ask you a couple of questions. Do you have any health-related problems, sir, that the committee --
MR. VERNON MERCHANT: I'm a little hard of hearing.
CHAIRMAN PHILLIPS: Sir?
MR. VERNON MERCHANT: A little hard of hearing.
CHAIRMAN PHILLIPS: Do you have any health-related problems?
MR. VERNON MERCHANT: Other than the hearing, no.
CHAIRMAN PHILLIPS: Oh, just the hearing. All right. I'm sorry. You were hearing me. Okay. Your occupation or profession, do you recall any kind of conflict?
MR. VERNON MERCHANT: I'm a general surgeon and I'm on the HealthSouth Foundation Board at the Medical University. I don't think that is a conflict. I can resign if I have to.
CHAIRMAN PHILLIPS: Do you hold any other elected office, sir?
MR. VERNON MERCHANT: No.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. VERNON MERCHANT: I would like to thank you for the opportunity of being here and meeting with you. My desire to be on the Board of Trustees is to serve. I want to serve Clemson, but I'd like to serve the legislature and the people of South Carolina. Since I've been in practice, I've tried to devote my life, in addition to practicing, to serving. I served on the Anderson County School Board, the Anderson District 5 School Board. I served on the Board of Medical Examiners, State Cancer Committee, State Cancer Advisory Committee, and I ran the cancer program at the hospital, the free cancer program, and I'm now on the Medical University HealthSouth's Foundation Board. I am a Clemson graduate. The first person to graduate from Clemson was in 1902. He played on the 1900 undefeated team under Heisman. My father graduated, I graduated, I had four children with degrees, my wife has a degree, and I have a grandson graduating in May. I've served on the Board of Visitors. I've served on the committee for the future of Clemson. And I've left a fairly sizeable charitable remainder trust. I think the future of our State is tied to education. We're in an informational technological age and if our people are not elevated -- not educated, we're going to see a wide divide between the haves and the have- nots. I think we need to educate our people. We need to try to make it affordable. The cost is a problem country-wide, but Representative McKearn from California has introduced a bill in the Congress that would limit raising tuition to twice the rate of inflation. I don't know if that'll pass or not. I have some ideas that we might be able -- that might help reduce the cost. I would like to see us explore the possibility of people getting a year or two years even in a technical or community college or using the Internet, or video conferences, or correspondence programs, where they could stay at home for a part of their education, live at home, work, finish the last two years at school. That's something I think to be considered for reducing the cost. We have a problem right now that our best and brightest students are leaving the State. We need to try to keep them here. We need a more diverse group. We need to work on our diversity and try to have our people prepared to work in this informational age. (Representative Martin joins.)
CHAIRMAN PHILLIPS: Thank you, sir. Joining us is Representative Becky Martin, and we are listening to Vernon Merchant. I believe you're from Anderson, aren't you?
MR. VERNON MERCHANT: Yes, sir.
CHAIRMAN PHILLIPS: From Anderson. And Ms. Martin is a representative from Anderson. We're glad to have her here. Any questions from any committee members of Mr. Merchant?
SENATOR ALEXANDER: Since he's already looking at me, Mr. Chairman, I'll go ahead and do my couple of questions, if that's all right?
CHAIRMAN PHILLIPS: Yes, go ahead. Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman. Briefly, what do you see as the mission of Clemson University, sir?
MR. VERNON MERCHANT: I see as the mission to provide the best education it can for the most people in this State. From this State.
SENATOR ALEXANDER: With emphasis on this State. What about its role as a research institution and being a part of the three research institutions and their proposal to kind of form their own governance out from under the Commission of Higher Education, have you given any consideration, briefly, to that?
MR. VERNON MERCHANT: Yes, I have. Let me just, before that, say, another thing which I think we need to do is get our schools coordinated and reduce duplication in order to try to reduce costs. I think if we put these three schools together that it might help with cooperation and reduce costs. I think certainly we're interested in, and I think everybody is, in industry spinning off from the research, the three need to be together. There's also been a proposal that they be allowed private funds along with the school funds. I think that probably will be necessary, but I think it needs to be looked at very carefully. Because we've got a case in the upper part of the State with public and private funds for the Southern Connector, which I'm sure you're familiar with, the state doesn't have any liability in that case from what I can read, but I think that we need to look very carefully at the individual industry that they're trying to put in. One failure could result in a significant loss if the State were to be liable.
SENATOR ALEXANDER: Thank you. Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: Thank you, sir. No other questions? No other questions. Thank you, sir.
MR. VERNON MERCHANT: Thank you.
CHAIRMAN PHILLIPS: Okay. At this time, we'll ask for Bob Peeler.
MR. BOB PEELER: Thank you, sir.
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth so help you God?
MR. BOB PEELER: It is.
CHAIRMAN PHILLIPS: Governor, have you had any health related problems since you left office that we need to know about?
MR. BOB PEELER: Not that I'm aware of.
CHAIRMAN PHILLIPS: All right. You haven't been appointed to anything we need to know about?
MR. BOB PEELER: No, sir.
CHAIRMAN PHILLIPS: No conflicts of interest, no personal things that would cause any kind of dual office holding?
MR. BOB PEELER: No, sir.
CHAIRMAN PHILLIPS: Go ahead with your statement, sir.
MR. BOB PEELER: Thank you. I appreciate your time this morning. It's an honor to be here with this committee and also with the other people who are running for this board. I obviously think I bring a unique perspective to this, but any of the men running for this board would be outstanding trustees. I, like them, have a family history with Clemson. Clemson has been a very important part of the Peeler family for as long as I can remember. I graduated from Clemson, my twin brother, Bill, did; my older brother, Harvey, did; and my younger sister, Susan, did also. And I, like many of the candidates who have already appeared before me, served on the Clemson Board of Visitors. I also served on the College of Commerce & Industry Advancement Board and the Commission for the Future. I served locally in Cherokee County as chairman of the school board, and I've always said being Lieutenant Governor was a piece of cake compared to serving as chairman of the local school board. And I also went on to serve as Chairman of the State Board of Education. And was elected in '94 as Lieutenant Governor, as you know, and served for two terms. But before that, I'm a proud child of agriculture in South Carolina. And I also helped build a successful independent business in an industry where companies like ours are not supposed to survive, much less succeed, and we did both. And I think that I could bring that to the Clemson Board. Now my daughter Caroline graduated from Clemson last year, and I have several nieces and nephews also that graduated. And my son Robert is an eighth-grader at Lexington Middle School today. And my dad and my mom, who was a retired elementary school principal, sent their four children to Clemson University. My dad passed away on October 14th of 2001. And since then I have thought a lot about what's important in life. Your faith and your family and your friends. And Clemson has been a very, very important part of my life, our lives, for a long, long time. I believe, very much so, in public service. And I believe in giving back. And I think that, as I have stepped back involuntarily from public office, I have thought for some time that I would like to try to serve on the Clemson Board of Trustees. Allen Wood, unexpectedly, resigned. He was an outstanding trustee. This has come open at this time and I present myself as a candidate. As I said before, any of the men running would be outstanding trustees, but I hope that I win, and I'll be honored to serve as Clemson's newest trustee.
CHAIRMAN PHILLIPS: Thank you. Any questions? The senator is going to get you back.
SENATOR ALEXANDER: That's right. Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Alexander.
SENATOR ALEXANDER: Just following up from the comments or questions I had earlier as far as the mission and direction of Clemson University, what do you see as to where we are and where we need to be going with our mission at Clemson?
MR. BOB PEELER: Senator, I think the focus of Clemson needs to be to provide a topnotch education for South Carolinians and beyond, but with the focus on South Carolina's young people. And I think that we can build on what's already going on at Clemson and do an even better job. I am not an expert in higher education or most of anything else in life, but I'm a good listener. And if I am fortunate enough to get elected to this board, I'll do a lot of listening. But I also bring my background, I think my unique background, in education and in business and in public service to that board. But the focus should continue to be a topnotch education for South Carolinians.
SENATOR ALEXANDER: And also in the area of the research universities and their proposal to move from the Commission of Higher Education over and have their own governance and work closer together, do you have any brief comments as to that proposal?
MR. BOB PEELER: Senator, I support that. I think flexibility is important, especially as we move forward with economic development in South Carolina. And I think that our research institutions can play an even bigger role in that, but we need flexibility and we also need accountability. I have been part of trying to help the economic development in South Carolina and we need to continue with that, but one thing that might be a little known fact about Clemson University is it produces more teachers than any other institution in South Carolina. One is my sister Susan. She teaches in Mt. Pleasant today. She was trained at Clemson. And Clemson graduates more teachers than any other institution. And as we get caught up, and we should, in economic development and other issues, we should never lose sight of the fact that we teach teachers.
CHAIRMAN PHILLIPS: Senator Short.
MR. BOB PEELER: Hello, Senator.
SENATOR SHORT: Nice to see you again. All of you have made reference to the fact that we should be focusing as much as possible on South Carolinians to educate at Clemson. There is also a move at Clemson to move higher and higher, and to have higher scores on SAT requirements, to accept a smaller and smaller group actually with higher and higher credentials. Do you see any conflict between those two things, and do you have any concerns about that effort to move Clemson into that top tier?
MR. BOB PEELER: Well, I support Jim Barker in the mission of Clemson and certainly have full faith in him and the administration and the Board of Trustees at Clemson. 17,000 is the figure now. I think last -- for the fall class the average SAT score was 1205. You know, Clemson probably wouldn't even respond to my letter if I sent in an application now, and I've turned out to be a fairly good citizen. And I believe in the challenge, the top 20 challenge, but we must never lose sight of the fact that we have average families in South Carolina who need a topnotch education. And if I'm fortunate enough to get on the board, I'll never forget that. But the fall class average SAT score was 1205. We have -- I think 17,000 is a good workable number of students, so I believe in that. But we've got to be careful that we don't get so caught up in all that that we lose sight of some students in South Carolina who might not make 1205 but have the potential of being outstanding college students. I know an example in my hometown of Gaffney, a young lady who got in on the delay is studying for a Ph.D. now. I think we have to remember that.
SENATOR SHORT: Thank you.
MR. BOB PEELER: Sure.
CHAIRMAN PHILLIPS: Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Good morning, Bob. I have a parent, they called me about their child getting in Clemson. He has an 1170 on the SAT, top 45 in his class, 3.6 GPR, and he was not accepted into Clemson. Are we outrunning our K through 12 schools, their ability to produce students that get enrolled in USC or Clemson, or elsewhere?
MR. BOB PEELER: You make a good point. As I said before, I think that there is a very fine line that you walk. And the challenge has to be there, and I fully support that. But we must also never forget those students who are on that border, who do have the potential of being outstanding students and going on in life to be good citizens. To be honest with you, I think I would fall into that category. But I put a common-sense test to everything I do in life, and I would put a common-sense test to everything I did on the Clemson Board of Trustees.
CHAIRMAN PHILLIPS: Representative Hines.
REPRESENTATIVE HINES: Just to follow up on Lanny's question just a little bit. Some years ago I recommended a former student of mine to go to Clemson, and he was advised not to apply to Clemson but rather to maybe apply to South Carolina State University and transfer to Clemson. His name is Lewis Lynn. I mentioned to the administration at that time, I said, "Lewis Lynn can make it at any college, I believe." And he was accepted there and I think he proved out to be a fairly successful man.
MR. BOB PEELER: I would say so.
REPRESENTATIVE HINES: And he has, I think, emphasized what you mentioned, not so much going into education, but he is an Agro businessman, and I think we all feel real proud of him and what he's done in that endeavor. In fact, he never was afraid to roll up his sleeves and go to work, and he's still doing that. I just wanted to make that observation.
MR. BOB PEELER: Lewis Lynn is an outstanding South Carolinian and he would do any college proud. Thank goodness he went to Clemson.
CHAIRMAN PHILLIPS: Any other questions? Representative Martin.
REPRESENTATIVE MARTIN: I have a question about the agriculture and how you actually see that. You know, it seems that we used to see that as the main focus of Clemson and now do you think it's getting lost in it? I mean, it seems to me like we need a lot of -- we need to, you know, not lose our emphasis on that. How do you see it from going out there, and what do you think that you could do about the situation?
MR. BOB PEELER: I'm a product of agriculture, as you know, and I'm very proud of that. And would remember that if I'm on the Clemson Board of Trustees. Times have changed since 1889. I fully realize that. But even more so today, agriculture is a very important part of the economy of South Carolina, and Clemson must continue to be a very important part of agriculture in South Carolina. Times have changed, but the fact that agriculture is very important to South Carolina has not changed.
CHAIRMAN PHILLIPS: Any other questions? No?
MR. BOB PEELER: Thank you.
CHAIRMAN PHILLIPS: Thank you, Governor. Okay. Jack Shuler. Will you raise your right hand, sir?
JACK SHULER: (Complies.)
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth, so help you God?
MR. JACK SHULER: Yes, sir.
CHAIRMAN PHILLIPS: Mr. Shuler, do you have any health-related problems that the committee needs to be made aware of?
MR. JACK SHULER: No, sir.
CHAIRMAN PHILLIPS: Your profession or hobbies wouldn't cause any kind of conflict of interest by serving on the Clemson Board?
MR. JACK SHULER: No, sir, they would not.
CHAIRMAN PHILLIPS: Do you hold any elected or appointed positions that would constitute a dual office holding should you be elected?
MR. JACK SHULER: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. JACK SHULER: Thank you very much, Mr. Chairman. Members of the screening committee. Thank you for the opportunity to meet with you this morning to discuss my interest in becoming a trustee at Clemson University. It's wonderful to see this great number of alumni willing to further their service to the university. In fact, for me, there's no higher privilege than to serve as a member of the Clemson University Board of Trustees. I grew up on a farm in Orangeburg County, was involved in 4H through the Clemson University Extension Service. I attended Clemson University and generated income for my college education working at the university. I graduated with a BS Degree in Animal Science with a concentration in business. Now for about 30 years I have been involved in the Farm Credit System financing agriculture. I am currently president and chief executive officer of Pee Dee Farm Credit headquartered in Florence. We are the largest lender to agriculture in the 12-county Pee Dee region of South Carolina. I believe my background and knowledge of finance in agriculture, as well as my passion to improve the standard of living for all South Carolinians, uniquely qualifies me to provide service to the Clemson University Board of Trustees. As I view the makeup of the Clemson Board, there's very little expertise in agriculture. Thomas Green Clemson's interest in agriculture is part of the reason for his bequeath to the State for the founding of an agriculture and mechanical school. As time has passed, the direction and interest of the school has shifted and now agriculture has much less priority at the university than originally envisioned by its founder. Agriculture and agro business is the second largest industry in our state, generating over 460,000 jobs, almost 25 percent of the total jobs in the State. The annual economic impact of agriculture to South Carolina is 35.7 billion dollars. I want to focus my vision and energy on providing leadership to Clemson for the specific purpose of agriculture and agro business and for the improvement of quality of life for all citizens of our State. I recognize more than ever the importance of higher education in South Carolina and the judgement that is applied to the citizens of our State based on the quality of education provided. As a trustee, I will be in the position to help President Barker make Clemson an energized intellectual environment characterized by an attitude that stimulates the search for ideas. I could make a difference and want to be a part of making our state even more successful through this position. Thank you for letting me express my interest in becoming a trustee, and I'd be pleased to answer any questions you might have.
CHAIRMAN PHILLIPS: Any questions? Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman. I'll be glad to start out of consistency with the other questions, and you addressed it somewhat in your statement there; but by now we've done, as far as the mission of Clemson University, and if you could also follow up briefly on that as to what you see as the role from the research aspect, you know, the research university and whether you see the need for Clemson to be a part of these three institutions and then the legislation that would pull them out from underneath the Commission of Higher Education.
MR. JACK SHULER: Yes, sir. Senator, I think, again, the mission of Clemson is to provide that high seminary of learning to students through the land grant responsibilities through teaching, research, and extended public service. I think to provide the best education for our students in South Carolina, further education, higher education is a part of that mission and one that Clemson has moved reasonably well. As well as the research institution, I think one way to move South Carolina forward is to have a research university network that is competitive with any other state, and the bill that is being presented I think gives that opportunity to distinguish the universities, the research universities, from other teaching universities in the state and that would then allow us to differentiate the way we fund research institutions and give us an opportunity to move our State forward, something that we need very much so.
SENATOR ALEXANDER: Thank you.
CHAIRMAN PHILLIPS: Any other questions? Representative Martin.
REPRESENTATIVE MARTIN: You talked a good bit about agriculture in your letter and speech to us. How do you see changing it or improving it, or do you think, you know, what do you see your need is in agriculture at Clemson?
MR. JACK SHULER: I think that, as we look at our State, agriculture presents and provides a significant infrastructure as far as income and jobs to the people of the state. We have to look at ways that we can do things differently. As has been mentioned several times, a lot of things have changed since Clemson was organized, and agriculture certainly has changed. The small family farm on which I grew up is not a competitive entity in today's world. So we have to move forward with the differences that are required to be competitive. To do that, we need to look at what we can do to provide value added commodities. And if it means doing things differently, Clemson can take the lead in studying and providing us with a [inaudible] extension service, and through the university, ways to utilize new techniques that would be competitive and allow our farmers to make a satisfactory living.
REPRESENTATIVE MARTIN: Thank you.
CHAIRMAN PHILLIPS: Any other questions?
REPRESENTATIVE HINES: Yes, sir.
CHAIRMAN PHILLIPS: Representative Hines.
REPRESENTATIVE HINES: Presently there's a collaboration between Clemson University and South Carolina State University. Are you familiar with that program?
MR. JACK SHULER: Yes, sir, the Small Program.
REPRESENTATIVE HINES: Yes. Would you support that endeavor in the future, or what do you think about that?
MR. JACK SHULER: I think that's very important as we move forward. It has the opportunity to provide the education, the collaboration with both universities and with clientele that would not be able to get that expertise and information otherwise, so I think it's very important. It's been very useful in our State and it will serve a very strong purpose.
CHAIRMAN PHILLIPS: Any other any questions? Thank you, sir. Okay. Mr. Bud Webb.
MR. B.K. "Bud" WEBB: (Complies.)
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth, so help you God?
MR. B.K. "Bud" WEBB: I do.
CHAIRMAN PHILLIPS: Mr. Webb, have you developed any illness since you left office that the committee needs to be made aware of that would prevent you from serving in a full capacity?
MR. B.K. WEBB: None that I'm aware of, sir.
CHAIRMAN PHILLIPS: No. Any office that you've developed or personal business that you've gone into since you left that we need to know about?
MR. B.K. WEBB: No, sir.
CHAIRMAN PHILLIPS: No conflicts of interest. Okay, sir. You haven't accepted any kind of appointments or elections for any positions within the county that would cause a conflict of interest, have you?
MR. B.K. WEBB: No, sir.
CHAIRMAN PHILLIPS: Okay. Go ahead, sir.
MR. B.K. WEBB: Thank you, Mr. Chairman, and Members of the Committee. I appreciate your time and interest in providing me this opportunity to meet with you today and talk a little bit about my background and my qualifications for the position on the Clemson Board of Trustees. I grew up in a little community of Cross Anchor over in Spartanburg County, started at Clemson in 1951 and graduated in 1955, accepted employment at the university upon graduation, and retired from the university in September of '96. That was over 41 years of service there. When I knew I was going to retire, the House seat in my district became vacant. Representative Paul Marchant was appointed to the Santee board and chose not to seek re-election. So I jumped out of one fire into another one, and retired from the university and sought membership in the House, was elected to fill District 3 seat, which I held for six years, and did not seek re-election last fall. So at the present time I'm fully retired. I am very pleased, as some of the others have indicated, with -- I mean, I think Clemson is very fortunate to have the people with the qualifications represented by this group this morning interested in serving on the board at Clemson as well as both for higher education. We're going through some difficult times and facing some difficult times, but we're going to survive. We'll come out stronger than ever before. But let me mention three things that I think uniquely qualify me for this. First of all, I know the university. I worked there for over 41 years. I did my undergraduate and part of my graduate work there. I served in every position, from assistant professor to vice president, so the only position I didn't serve in, or only level that I did not serve in was the presidency. But I know the university, I know the issues. I think I know the issues in higher education in South Carolina. I certainly know the strengths and weaknesses of the institution and where they need to go in the days ahead. I also feel like I have a somewhat unique appreciation and understanding of our State. I served as the director of the Corporate Extension Service for 11 years. We have an extension office in each of the 46 counties. I was involved in the issue development programs, the youth development programs, the community development programs, the agriculture programs, all of those programs that deal with issues that are identified and brought to our attention or brought to Clemson's attention by the people of the State. And then having served in the Legislature I think, even though I haven't been around as long as most of you guys, I have an appreciation of the legislative process and how that impacts what we do in education in this State. So I thank you for the opportunity to be with you. I appreciate your time and your interest, and I'd be happen to respond to any questions.
CHAIRMAN PHILLIPS: Any questions? Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman.
MR. B.K. WEBB: Want me just to answer them?
SENATOR ALEXANDER: Yeah. If you remember both of them. I just think it's important for us to talk about where you see as the mission of Clemson and, briefly, and then also follow up with the part about the research institutions working with the others with the proposal of moving out from the Commission of Higher Education.
MR. B.K. WEBB: Well, I think, Senator Alexander, Thomas Green Clemson's will said it very well when he said the primary purpose -- one of the primary purposes of Clemson was to provide quality education for the sons and daughters of the working class people in the State of South Carolina. So I think that is Clemson's core mission. Obviously, it's a land grant university, and having the public service activities provision with the ag experiment station and the corporate extension service, all three parts of the land grant mission are important, teaching, research and public service. Back in my former life President Higdon asked me to be the first coordinator of university-wide public service, and President Barker has continued that activity now, where they're trying to expand the public service activities to meet the needs of all of the citizens of our State, and that has caused some growing pains. But I still think to be of service and to provide the educational opportunities for our sons and daughters is our primary purpose. There's no question in my mind that the people who navigate and get involved in this state is the research that comes out of the three research universities in this State. All of our institutions have a role to play and they're all different. But the research output is the dominate thing, and I think the current proposal would go a long way in allowing greater degrees of cooperation in -- some greater degree in cooperation and more diversity in programming, I think there would be a tremendous synergistic effect that would really strengthen this. Plus, I think Dr. Peele or someone alluded to the fact that our administration and our governing boards need more flexibility. The state funding for Clemson is 28 percent now, so if the administrators and governing boards, they ought to have to be innovative and entrepreneurial in the way they do their business, so it's now and in the days of [inaudible]. So I fully support whatever flexibility and assistance we can provide for those three research institutions because I think they're critical in the future economic development of our State.
SENATOR ALEXANDER: Thank you, sir.
CHAIRMAN PHILLIPS: Senator Short.
SENATOR SHORT: Thank you, Mr. Chairman. Would you address, just briefly, how you see, or if you see any conflict in the effort to increase the standards at the schools, the need to educate South Carolina students in particular, and also since you have a particular background in Clemson Extension, you know very well, probably better than most people, what an important role that plays in the rural counties across the State that's been cut back over the years significantly, do you see any need to readdress that issue and, if so, how would you go about doing it? Thank you.
MR. B.K. WEBB: Thank you, Senator Short. I think all of those issues have to be addressed on a continuing basis. It's a joke when I was at the university, it's sort of like parking on campus, you don't ever solve the problems, you just keep talking about it. It's a balancing act, quantity and quality. I've said many times that I've tried to get students from rural South Carolina into Clemson. One thing that Clemson cannot afford is to become known or become an elites institution. The foundation from day one from Thomas Green Clemson's will was to serve the sons and daughters of the working class of this State. But at the same time, I think our kids deserve a quality education. So how do you balance that and provide that? At Clemson, at one time we had President Edwards who had a pretty firm enrollment limit, Senator Linda, I think, but now, for the past several administrations, that enrollment limit has been governed more by the capacity to serve the students than it has been by saying there's a ceiling on enrollment. So I think it's an issue we'll continue to deal with. We need to serve the people of this State, which means by getting more qualified quality education to those students. So as we gain the support, whether it be external funding or state support, federal funding, and expand our capacity to handle more students. Having been in the classroom, I don't want to see us go to mega-size classes and those kinds of things just to increase the number. I think that would be a mistake. But I think it's an act that we can -- I think it's an achievable objective to reach a balance between quantity and quality in providing the opportunity for the citizens of this State and still maintain good quality.
CHAIRMAN PHILLIPS: Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Bud, is getting 70 percent of lottery funds and they have a source of funding in higher ed, where K through 12 has the funding of the general assembly and we have not done a good job in that area, cutting back in K through 12, and I asked this question before, will higher education outrun students in K through 12 and eliminate a lot of South Carolinians from getting into Clemson? How do we address that?
MR. B.K. WEBB: I think an awareness of that possibility is probably the first step. I would agree, and I supported greater levels of funding for K through 12 out of the lottery money. I did not support for as much of the lottery money going to the scholarships as it did. Scholarships help kids and families, but it does not help the educational system of this state a great deal. So I hope you guys that are still serving will continue to look at those issues. Again, it's a balance. The education -- the higher educational institutions are only going to be as good as the quality product that is coming out of our K through 12 system that's going into those institutions.
REPRESENTATIVE LITTLEJOHN: Let me follow up on this. Would you support having more out-of-state students than South Carolinians?
MR. B.K. WEBB: Than South Carolinians?
REPRESENTATIVE LITTLEJOHN: It could come to that.
MR. B.K. WEBB: No, sir. No, sir, I do not.
REPRESENTATIVE LITTLEJOHN: It could come to that?
MR. B.K. WEBB: It could, but I would not support that.
REPRESENTATIVE LITTLEJOHN: How would we address that if it came to that?
MR. B.K. WEBB: Well, I would like if it -- well, at one time several years ago the College of Engineering enrollment got out of balance within state and I'm not sure now whether it was a board decision or a college decision, but they put a limit of a third of their students being out of state at the college. So I think those are the kinds of issues you have to address. Clemson's primary objective is to the people of our State. I would not support eliminating out-of-state students. I think they bring an awful lot to this State, and the greatest thing they bring is the number of students who come from out of state to come to school in South Carolina and decide to make their careers in South Carolina. We have pulled a tremendous talent -- pool of talent from students that come to school in South Carolina who reside outside the State. But again, it has to be a balance. We cannot support out-of-state kids in lieu of -- we cannot educate out-of-state kids in lieu of in-state students.
CHAIRMAN PHILLIPS: Any other questions? Representative Martin.
REPRESENTATIVE MARTIN: Bud, if the agriculture was left out of Clemson, if it got to the point where we didn't, you know, we just kind of pushed it to a side, how do you think that would affect South Carolina as a state?
MR. B.K. WEBB: Well, I hope and pray that doesn't happen in my lifetime. I've made the statement several times that we need to dance with the one that brung us, and agriculture brung us to today. I think we also have to be cognizant of what's happening in our State. I've made the statement several times, and I hope I live long enough to see whether it's true or not, when historians look back on the history of South Carolina, I think the 1980's is going to be identified as one of the most dominate decades for change in South Carolina. Because the two dominant industries in South Carolina, textiles and agriculture, were completely restructured during the decade of the 1980's, and we've got to recognize that. And that's impacted the programs that Clemson does. When I was there in the fifties, the textile school was the biggest school there. It's struggling to survive now. Agriculture is, as someone else has alluded, is not the dominant force it was in the economy of South Carolina. But I tell you, the economy of South Carolina would have a hard time running without the agriculture sector. So we've got to stay true to our roots and we've got to serve the agricultural community first and foremost. But by the same token, I used to give a talk about the Consumer's Bill of Rights, what does the average citizen in South Carolina have a right to expect of Clemson University and their outreach program? Does a farmer have a right to expect more than a small businessman who's struggling with making the ends meet and creating a bottom line? So we, again, balancing our programs that addresses the needs of this State as effectively and efficiently as we can with the resources that are available to us.
CHAIRMAN PHILLIPS: Any other questions? Thank you, Mr. Webb.
MR. B.K. WEBB: Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: Rodney Williams.
MR. RODNEY WILLIAMS: Yes, sir.
CHAIRMAN PHILLIPS: Please raise your right hand.
MR. RODNEY WILLIAMS: (Complies.)
CHAIRMAN PHILLIPS: The information given here today will be the truth and nothing but the truth, so help you God?
MR. RODNEY WILLIAMS: Yes, sir.
CHAIRMAN PHILLIPS: Mr. Williams, do you have any kind of illness or ailments that the committee needs to be made aware of?
MR. RODNEY WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: No. Your profession or hobbies or anything that would relate to any kind of conflict of interest should you be elected to the Board of Trustees at Clemson University?
MR. RODNEY WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: Do you hold any other political or appointed position within your community that would cause a dual office holding?
MR. RODNEY WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. RODNEY WILLIAMS: As the rest of my candidates that sat up here, I grew up a Clemson fan. I, unlike them, am the first generation to graduate at Clemson. I graduated in 1989, with my wife. We've got three lovely daughters. We live in Greenville, South Carolina. I was fortunate enough to be granted a full scholarship to play football at Clemson. I learned a lot while I was there, learned about teamwork, learned about getting along with others, learned my weaknesses, learned my strengths. All these things have helped shape my life. And, like my other candidates, I feel like I owe Clemson something else. Clemson has been a vital part of my life and, as I said, it has basically shaped the way that I do business. It's shaped the way that I treat my community, my family. As a recent graduate, I feel like that some of the things that may distinguish me from my other candidates; as a recent graduate, I feel like I've got a great understanding of what is actually going on at Clemson right now. I'm also a member of Tiger Brotherhood, which is a honorary fraternity that encompasses both faculty and students in its organization, where you can be a student to a professor in the morning, and at night, in the organization, you're a peer. And this is an organization that helps the university run smoother. I've also had the opportunity to be on the Clemson Radio Broadcast which has given me a great perspective of how today's student athletes and the university runs now versus when I was there. I'm also the CEO of a major corporation in this great State and I feel like that, given the day-to-day operations that I have to deal with, gives me a financial background that will help the board, also make a new light to the board, something new. And, as everyone's spoken about the changes in the economy in South Carolina, these things I'm witnessing firsthand.
CHAIRMAN PHILLIPS: Any questions? Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman. Maybe you probably remember verbatim, but just if you would address briefly what you see as the mission of Clemson University, and then your aspect as the role it has as a research institution working with the other institutions and the governance of those three institutions.
MR. RODNEY WILLIAMS: As the will says, to provide higher education to the students of South Carolina. Continue to do that and, as you said, there's a great balance, or there's going to be, have to be, a balance between continually increasing the performance of the student body and not neglecting the average student in South Carolina. As far as the research, I support that bill. I think, if you look at the triangle of North Carolina with NC State, Duke, University of North Carolina, you've seen what strides they've made using the private sector to continually increase their endowments and their research. If you put the three universities of South Carolina in a situation that gives them more flexibility, that they can go out and research more, get more private industries, more private donors involved and it would make the university stronger and so it would make a better education for the undergraduates.
CHAIRMAN PHILLIPS: Any other questions? Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Rodney, a couple of years ago when we put the lottery in, Clemson raised their tuition 43 percent. What was your first feeling on that?
MR. RODNEY WILLIAMS: Not knowing all the facts and, again, as I said, being a businessman, it's tough for me to say what is the reason behind that because I didn't see the spreadsheet, but my initial gut reaction was that's too much. As we said, the mission at Clemson is to provide a higher education for the citizens of South Carolina, and we're not one of the top tier in economic growth or income in this State, so it obviously puts a lot more burden on the in-state schools, or the in-state students, but at the same time I feel like Clemson offers a tremendous value to the State of South Carolina and its students. And so, again, not being able to see the spreadsheet, it's tough for me to answer that.
REPRESENTATIVE LITTLEJOHN: One follow-up question. Knowing the trustees the way we do and you do, why would they do that if their mission statement is to educate every child in South Carolina and you raise the tuition 43 percent, knowing that a lot of -- you know, we're a poor State. Well, this is not your responsibility, but I just thought that was untimely.
MR. RODNEY WILLIAMS: Yes, sir. I think that it's probably the Board of Trustees has got to govern Clemson for the long term. And like a business, they've got to look down, their strategic plan, they've got to look to the future. And given what they saw in front of them, and they're a great group of individuals and, as Mr. Peeler said, probably a lot smarter than I am, but what they saw in front of them must have gave them an indication that that was the best thing for Clemson.
CHAIRMAN PHILLIPS: Representative Martin.
REPRESENTATIVE MARTIN: Rodney, have you had a chance to be involved in the agriculture, or how do you see agriculture in the future of South Carolina and Clemson's role in it?
MR. RODNEY WILLIAMS: Well, obviously agriculture is a huge part of it in South Carolina. I've not been directly -- my dad grew up on a farm, he wasn't fortunate enough to own it. I asked him why we became Clemson fans because none of my mom or dad went to Clemson, and he said that the guys that were wealthy were South Carolina fans and the farmers were Clemson fans. So he grew up on a farm, but that's basically my only -- I used to crop tobacco when I would go back to Dillon County in the summer times, and that was to learn work ethic, according to my dad. As far as the extension and the agriculture, I like what President Barker is trying to do right now. One Clemson theme, and that is to try to combine everybody, because for so long, even when I was there 15-odd years ago, it seemed like there was some division between the different universities, you're either in education or you're in business or you're in agriculture. And I think, like any good business, if you combine all of the resources that you've got with all the different professors and different majors, that you can become stronger in each one of them. And I think that's probably, if you looked, and maybe Clemson needs to move toward instead of -- there's a lot of cutting edge technology out there for agriculture. You know, I know a lot of the extension services are being closed. We've got the Internet now that could provide a vehicle for all these local farmers, for people that are looking for the information, whether it be soil samples or whatever, to continue that service.
CHAIRMAN PHILLIPS: Any others? You mentioned radio a while ago, I want to clear something on that. Are you hired by Clemson?
MR. RODNEY WILLIAMS: No, sir. Clemson grants a, it's my understanding, they grant a contract to a private radio company and they were the group that hired me.
CHAIRMAN PHILLIPS: But you are approved by
MR. RODNEY WILLIAMS: Yes, sir.
CHAIRMAN PHILLIPS: But you had to be approved by Clemson?
MR. RODNEY WILLIAMS: Yes, sir. By the Athletic Department.
CHAIRMAN PHILLIPS: By the Athletic Department before you could perform?
MR. RODNEY WILLIAMS: Yes, sir.
CHAIRMAN PHILLIPS: A follow up on what Representative Littlejohn mentioned a while ago about the tuition, concerning the high rate of tuition, I would encourage you and the other members, whoever gets elected here, to be aware of that because last time, you know, we only had four people running, three seats, and one of the trustees lost. I'm afraid that might have been some part of it, because of the fact that the tuition was so high. So I would encourage whoever is elected to bear that in mind. I would say today here that, after listening to all of y'all, each one of you would make a great great trustee. And I'm sure of that. We don't have many times that we have a crop, that we talk about land grants and agriculture, and we don't have a good crop to cast, but today we do and it'll certainly be hard to choose one. And I just want to tell you all how much we appreciate your offering. And at this time I would ask the committee - what's the pleasure of the committee?
MR. RODNEY WILLIAMS: One more thing, Mr. Chairman. About the radio, I met with the Athletic Department in January and told them of my -- that I would not be on the radio this year. I resigned that position. It's not...
CHAIRMAN PHILLIPS: If you are elected?
MR. RODNEY WILLIAMS: Yes, sir. No, no. I've already resigned.
CHAIRMAN PHILLIPS: Oh, you have?
MR. RODNEY WILLIAMS: Yes, sir. I've got three little girls and I've got to spend more time with them.
CHAIRMAN PHILLIPS: Okay, sir.
SENATOR SHORT: Thank you, Mr. Williams. Actually, what I would like to do, I would like to make sort of an unusual request if I could. We didn't really start asking questions until the second candidate about the research universities and that proposal to come out from under the Commission of Higher Ed, and also about the move to increase the academic requirements, and I wonder if we might just give Mr. Anderson a very brief opportunity, if he would like, to respond to those questions that we asked everybody else, just very briefly, if we may do that, Your Honor.
CHAIRMAN PHILLIPS: Greg, do you mind?
MR. GREG ANDERSON: No, sir, I don't mind.
CHAIRMAN PHILLIPS: You're already sworn.
MR. GREG ANDERSON: Yes, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. GREG ANDERSON: Yes, sir. And I can make this very brief. I would also support the bill that's currently pending before the Legislature. I think that does a lot of things that people have already said, so I would support that bill also. As far as the second part of your question about the balancing that we have to do about the common everyday student that tries to get into Clemson, that is a big, big concern. I know it's a balancing act, as Mr. Webb said, but it is something that concerns me a great deal. And that's exactly the viewpoint that I would bring to the board because I think there are a lot of people who are trying to get into Clemson now and because they did not make 1200 on the SAT they're not getting in, and I don't think that was the original intent of Thomas Green Clemson. So that would be a strong consideration that I would have if I was on that board. Although I understand that we need to take Clemson into the next generation, next millennium and all that, and I'm all for that, but I do think that we need to, at all times, keep the average student in mind.
SENATOR SHORT: Thank you, Mr. Anderson.
MR. GREG ANDERSON: Thank you.
CHAIRMAN PHILLIPS: Thank you very much, sir. We've never had this, but thank you very much for coming back. The motion's been made that we approve all of these by Senator Alexander, and it's seconded by someone over here?
REPRESENTATIVE HINES: Yes, sir, seconded.
REPRESENTATIVE MARTIN: Mr. Littlejohn did.
CHAIRMAN PHILLIPS: We've got a host of seconds by Littlejohn, Hines and Martin. And at this time, all those in favor say aye?
THE COMMITTEE: (All answered in the affirmative).
CHAIRMAN PHILLIPS: Any opposed? No. All right, gentlemen, next Thursday at 11:00 you may seek support for your position on Clemson. Good luck to you. Thank you for offering and we look to see you around the next couple of days. (Adjourned at 12:40 p.m.)

Received as information.

The following was received:

March 30, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Greenville County Master-in-Equity
Term Commencing: December 31, 1997
Term Expiring: December 31, 2003
Seat: Master-in-Equity

Reappointment
The Honorable Charles B. Simmons, Jr.
Post Office Box 2207
Greenville, South Carolina 29602-2207
864-467-8556

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

April 4, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

York County Master-in-Equity
Term Commencing: February 28, 2003
Term Expiring: June 30, 2009
Seat: Master-in-Equity
Vice: J. Buford Grier

Initial Appointment
Mr. S. Jackson Kimball III
Rhinehart, Matthews, et al
Post Office Drawer 36250
Rock Hill, South Carolina 29731
803-329-4200

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

April 4, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

STATEWIDE APPOINTMENT

State Ethics Commission
Term Commencing: June 30, 2003
Term Expiring: June 30, 2008
Seat: 3rd Congressional District
Vice: Andrew Marine

Initial Appointment
Mr. John Lewis Cannon
731 Winged Foot Drive
Aiken, South Carolina 29803

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

April 3, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Charleston County Master-in-Equity
Term Commencing: June 21, 2003
Term Expiring: December 24, 2004
Seat: At-Large
Vice: Roger Young (resigned)

Initial Appointment
Mr. Mikell R. Scarborough
70 Chadwick Drive
Charleston, South Carolina 29407
843-406-1331
Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

Columbia, S.C., April 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 341:

S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., April 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

Very respectfully,
President
Received as information.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3938 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE I-77 INTERCHANGE IN THE KILLIAN COMMUNITY OF RICHLAND COUNTY IN HONOR OF THE LATE W. D. "SON" GRIMSLEY, A DISTINGUISHED COMMUNITY LEADER AND PUBLIC SERVANT, AND TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. GRIMSLEY'S CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

On motion of Rep. SCOTT, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:

H. 3938 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE I-77 INTERCHANGE IN THE KILLIAN COMMUNITY OF RICHLAND COUNTY IN HONOR OF THE LATE W. D. "SON" GRIMSLEY, A DISTINGUISHED COMMUNITY LEADER AND PUBLIC SERVANT, AND TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. GRIMSLEY'S CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

Whereas, the members of the General Assembly were deeply saddened to learn of the death of W. D. "Son" Grimsley of the Killian Community in Richland County on March 29, 2003; and

Whereas, W. D. "Son" Grimsley was a farmer, builder, politician, entrepreneur, merchant, education advocate, and the unofficial mayor of Killian; and

Whereas, he was active for years in Richland County government and was elected to the Richland County School District Two school board. He was also a member of Richland County Council for two terms in the 1970s and served on the Board of Directors of the South Carolina Association of Counties for two years. He also served as acting county administrator; and
Whereas, "Son" Grimsley was a Mason, a 32nd Degree Scottish Rite Mason, a Shriner and a member of Jamil Temple. He was certified by the South Carolina Residential Builders Commission and was a former president of Richland County Farm Bureau; and

Whereas, the members of the General Assembly, by this resolution, believe it would be a fitting tribute to this distinguished South Carolinian if the I-77 Interchange in his home community of Killian was named in his honor. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby request the Department of Transportation to name the I-77 Interchange in the Killian Community of Richland County in honor of the late W. D. "Son" Grimsley, a distinguished community leader and public servant, and request the department to install appropriate markers or signs on the interchange so that as the public passes they will remember Mr. Grimsley's contributions to his community, county, and State.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3941 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEARS BEGINNING AFTER 2003 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN COLLETON COUNTY IN 2001.
On motion of Rep. BOWERS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3942 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A BILL TO AMEND SECTION 12-37-223A, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY ATTRIBUTABLE TO A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO REQUIRE THE STATE TO REIMBURSE ALL ADDITIONAL ADMINISTRATIVE EXPENSES INCURRED BY A COUNTY IF THE EXEMPTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE IN VIOLATION OF ARTICLE X OF THE CONSTITUTION OF THIS STATE.
Referred to Committee on Ways and Means

H. 3943 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A BILL TO AMEND SECTION 12-43-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF REASSESSMENT AND EQUALIZATION REQUIRED IN A COUNTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR NOT MORE THAN TWO PROPERTY TAX YEARS, RATHER THAN ONE PROPERTY TAX YEAR, THE IMPLEMENTATION OF REVISED VALUES RESULTING FROM THE EQUALIZATION PLAN.
Referred to Committee on Ways and Means

H. 3945 (Word version) -- Rep. G. Brown: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF LEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3950 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS PERMITTING AND LICENSING AUTHORITY FOR AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE FOR REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, RELATING TO COMMERCIAL FRESHWATER FISHING LICENSE REQUIRED WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE, PROVIDING THAT A PERSON SELLING , OFFERING FOR SALE, OR POSSESSION OF FRESHWATER NONGAME FISH MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED, AND PROVIDING PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE AND TRAFFIC OF CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION TO CERTAIN FISH AS ALLOWED BY THIS ARTICLE, AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; AND TO REPEAL ARTICLE 1, CHAPTER 18, TITLE 50, RELATING TO HYBRID STRIPED BASS, SECTION 50-13-510, RELATING TO CERTAIN POND OWNER PERMITS, SECTION 50-13-1620, RELATING TO PENALTIES FOR UNLAWFUL SELLING OF FRESHWATER TROUT, SECTION 50-13-1640, RELATING TO DRAWING PRIVATE PONDS AND DISPOSING OF FISH, SECTION 50-13-1650, RELATING TO UNLAWFUL TRANSPORTATION OF GAME FISH OUT-OF-STATE, SECTION 50-13-1680, RELATING TO THE SALE OF MARKED TROUT, SECTION 50-13-1690, RELATING TO INFORMATION REQUIRED TO BE MARKED ON TROUT BEFORE SALE, SECTION 50-13-1700, RELATING TO RETAIL MARKETS SHOWING THE ORIGIN OF TROUT, SECTION 50-13-1710, RELATING TO RESPONSIBILITY OF RETAIL MARKETS FOR CERTAIN VIOLATIONS INVOLVING TROUT, SECTION 50-13-1720, RELATING TO REPORTS ON TROUT SOLD OR IMPORTED INTO THE STATE, SECTION 50-13-1730, RELATING TO REGULATIONS ON SELLING AND SHIPPING TROUT, SECTION 50-13-1740, RELATING TO CERTAIN PENALTIES FOR VIOLATIONS RELATING TO SALE AND TRAFFIC IN TROUT, SECTION 50-13-1750, RELATING TO GAME FISH BREEDER'S LICENSES, AND SECTION 50-13-1760, RELATING TO SALES OF WHITE PERCH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.
On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 542 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY ON THE WATERS OF LAKE MARION WITHIN SIX HUNDRED FEET OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 543 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS, TO ALLOW THE BOARD OF NATURAL RESOURCES TO ESTABLISH CATCH AND POSSESSION LIMITS FOR SALTWATER FINFISH, AND TO AMEND SECTION 50-5-1710 OF THE 1976 CODE, RELATING TO SIZE LIMITS, TO ALLOW THE BOARD OF NATURAL RESOURCES TO ESTABLISH MINIMUM SIZE LIMITS FOR SALTWATER FINFISH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

The following was introduced:

H. 3944 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO RECOGNIZE SERGEANT BILL FINCH OF THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT FOR SERVICE ABOVE AND BEYOND THE CALL OF DUTY AS A LAW ENFORCEMENT OFFICER WHILE RESPONDING TO A CALL WHICH RESULTED IN HIS SUSTAINING GRIEVOUS INJURIES.

The Resolution was adopted.

On motion of Rep. M. A. PITTS, with unanimous consent, the following was taken up for immediate consideration:

H. 3946 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LAURENS ACADEMY "CRUSADERS" BOYS BASKETBALL TEAM AND THE TEAM'S COACH, TOMMY SPIRES, OF LAURENS, ON APRIL 10, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE 2003 SCISA CLASS A BOYS BASKETBALL STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the Laurens Academy "Crusaders" Boys Basketball Team and the team's coach, Tommy Spires, of Laurens, on April 10, 2003, at a time to be determined by the Speaker, for the purpose of congratulating them on their collaborative efforts and hard work in capturing the 2003 SCISA Class A Boys' Basketball State Championship Title.

The Resolution was adopted.

The following was introduced:

H. 3947 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LAURENS ACADEMY "CRUSADERS" AND THEIR COACH, TOMMY SPIRES, ON WINNING THE 2003 SCISA CLASS A BOYS BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

On motion of Rep. CEIPS, with unanimous consent, the following was taken up for immediate consideration:

H. 3948 (Word version) -- Reps. Ceips and Bailey: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 30, AND FRIDAY, OCTOBER 31, 2003, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 29, 2003, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and

Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the South Carolina Student Legislature is allowed the use of the House and Senate chambers on October 30 through October 31 and the Blatt Office Building on October 29, 2003, during normal business hours (8:30 a.m. to 5:00 p.m.). If the General Assembly is in statewide session on any of these days, the Senate and House chambers and the Blatt Building may not be used.

Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration:

H. 3949 (Word version) -- Rep. Quinn: A HOUSE RESOLUTION TO DESIGNATE THE MONTH OF MAY 2003 AS "STROKE AWARENESS MONTH" IN THE STATE OF SOUTH CAROLINA.

Whereas, eastern South Carolina is known as the "Buckle of the Stroke Belt" because of the high occurrence of stroke in this area; and

Whereas, stroke is the leading cause of death and disability of adults in the United States and in South Carolina, annually causing more than 600,000 deaths nationally and approximately 3,000 deaths in South Carolina and permanently impairing more than 4.5 million people nationally; and

Whereas, stroke annually kills more women in the United States than breast cancer and the stroke death rate is greater among African Americans and senior citizens than other Americans; and

Whereas, stroke, heart disease, and related complications are major causes of hospitalization, disability, and health care costs; and

Whereas, the majority of Americans are not aware of the risks of stroke or the symptoms of an impending stroke, which may include weakening of muscles in the face, arm, or leg, especially on one side of the body; sudden confusion, impairment of speech, or incomprehension of what is being said or done; sudden impairment of vision; sudden inability to ambulate, coordinate motor functions, or maintain balance; dizziness or sudden severe headaches without any apparent cause; and

Whereas, new and effective ways of treating stroke have been developed to diminish the impairments of victims; however, much more research is needed to advance discovery of improved medical care to reduce the risk of stroke and its damaging effects; and

Whereas, risk factors for developing heart disease and stroke are widespread and include uncontrolled high blood pressure, high cholesterol, physical inactivity, obesity, smoking, atrial fibrillation, and diabetes, and nearly all can be reduced or prevented; and

Whereas, it is the public policy of this State to prevent unnecessary mortality, morbidity, cost, and needless suffering from stroke and heart disease wherever possible. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives designate the month of May 2003 as "Stroke Awareness Month" in the State of South Carolina.

The Resolution was adopted.

The following was introduced:

H. 3951 (Word version) -- Reps. E. H. Pitts, Koon, Bingham and Toole: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL SCHOLASTIC APTITUDE TEAM ON WINNING THE 2003 CLASS AAAA STATE CHAMPIONSHIP, COMMEND THEM FOR THEIR COMMITMENT TO LEARNING AND ACADEMIC EXCELLENCE, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3952 (Word version) -- Reps. J. Hines and M. Hines: A CONCURRENT RESOLUTION TO COMMEND MR. GERALD R. MCKAY FOR HIS OUTSTANDING SERVICE AS THE FIRST AARP MOBILE INFORMATION CENTER COORDINATOR IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3953 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO WILLIAM AND EARLENE HENDERSON OF HARTSVILLE ON THE OCCASION OF THEIR 50TH WEDDING ANNIVERSARY ON JUNE 21, 2003, AND TO WISH THEM MANY YEARS OF CONTINUED HAPPINESS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3954 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, AND STAFF OF ANDERSON MILL ELEMENTARY SCHOOL IN MOORE FOR BEING NAMED CAROLINA FIRST PALMETTO'S FINEST AS A PREMIER ELEMENTARY SCHOOL IN THE STATE, AND TO COMMEND PRINCIPAL DEBORAH C. PHILBECK FOR THE LEADERSHIP AND DIRECTION SHE HAS PROVIDED TO THE SCHOOL.

The Resolution was adopted.

The roll call of the House of Representatives was taken resulting as follows:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Lloyd
Loftis                 Lourie                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Rivers                 Sandifer
Scott                  Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Tuesday, April 8.

Skipper Perry                     Lanny Littlejohn
David Mack                        Karl Allen
Jerry Govan                       Seth Whipper
Bessie Moody-Lawrence             Brenda Lee
Walton McLeod

The SPEAKER granted Rep. DANTZLER a leave of absence for the week due to by-pass surgery.

The SPEAKER granted Rep. SCARBOROUGH a leave of absence due to a death in the family.

The SPEAKER granted Rep. RICHARDSON a leave of absence due to illness.

Rep. G. BROWN presented to the House the Lee Central High School "Lady Stallions" Girls Basketball Team, the Class AA State Champions, their coaches and other school officials.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3426 (Word version)
Date:   ADD:
04/08/03   NEILSON

Bill Number:   H. 3426 (Word version)
Date:   ADD:
04/08/03   CLARK

Bill Number:   H. 3190 (Word version)
Date:   ADD:
04/08/03   W. D. SMITH

Bill Number:   H. 3777 (Word version)
Date:   REMOVE:
04/08/03   G. M. SMITH

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 3935 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, AS AMENDED, AND ACT 190 OF 1995, BOTH RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO CHANGE ITS NAME TO THE NORTH SPARTANBURG AREA FIRE AND EMERGENCY SERVICES DISTRICT.

H. 3930 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOFTIS explained the Joint Resolution.

The following Bill was taken up:

H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts and Viers: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.

Rep. CLEMMONS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

The following Bill was taken up:

H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1499MM03), which was adopted:
Amend the bill, as and if amended, Section 27-35-75 as contained in SECTION 1, page 2, after line 3, by inserting:
/   (D)   If the lessee unreasonably withholds consent to the lessor to allow lawful access to the subject premises as described in subsection (A), the lessor may obtain injunctive relief in the magistrate's court or the circuit court in the county in which the property is located, without posting bond, to compel access. If injunctive relief is sought, the lessor may recover actual damages and reasonable attorney's fees and costs.

(E)   This section applies to all leases on commercial units located in South Carolina, whether created before or after its enactment. /
Amend the bill further, Section 27-35-75 as contained in SECTION 1, page 1, line 39, by inserting before /notice/ the word
/ written /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. SCOTT asked unanimous consent to recall H. 3132 (Word version) from the Committee on Judiciary.
Rep. ALTMAN objected.

The following Concurrent Resolution was taken up:

H. 3924 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF INTERSTATE 26 AND S. C. HIGHWAY NUMBER 27 AT EXIT 187 THE "ELLIS MACDOUGALL INTERCHANGE" IN HONOR OF THE LATE ELLIS CAMPBELL MACDOUGALL FOR HIS DEDICATION AND MANY CONTRIBUTIONS TO THE BETTERMENT OF CRIMINAL JUSTICE AND THE ADVANCEMENT OF PRISON REFORM AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. MACDOUGALL'S MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

Whereas, the members of the South Carolina General Assembly are proud to honor such a worthy and deserving public servant as the late Ellis Campbell MacDougall for his many contributions to this State and the nation in the area of criminal justice and prison reform; and

Whereas, Mr. Ellis MacDougall of Columbia was a well-known prison reformer in many states, serving as the President of the American Correctional Association in 1969 and receiving the E.R. Cass Correctional Achievement Award in 1979; and

Whereas, upon his death at the age of 75 on December 21, 2002, South Carolina lost one of its most influential leaders in criminal justice policies and reform; and

Whereas, Mr. MacDougall was an active participant in many groups concerning the operation of correctional facilities, including the American Correctional Association and the departments of corrections in five states; and

Whereas, Mr. MacDougall served as the director of the South Carolina Department of Corrections and was described by his colleagues as a man of compassion, vision, and wit; and

Whereas, he founded the Alston-Wilkes Society, which is a South Carolina-based non-profit organization that works with adult and juvenile offenders and their families; and

Whereas, Mr. MacDougall was a co-founder of the University of South Carolina's College of Criminal Justice and served as a professor and Associate Dean of the school for several years; and

Whereas, he was respected and greatly admired and his leadership in criminal justice and prison reformation is greatly missed in the State of South Carolina and across the country. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name the interchange of Interstate 26 and S. C. Highway Number 27 at exit 187 the "Ellis MacDougall Interchange" in honor of the late Ellis Campbell Macdougall for his dedication and many contributions to the betterment of criminal justice and the advancement of prison reform and install appropriate markers or signs on the interchange so that as the public passes they will remember Mr. MacDougall's many contributions to the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The motion period was dispensed with on motion of Rep. TROTTER.

Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, April 9, which was adopted:

H. 3128 (Word version) -- Reps. Lourie, J. Brown, Clark, Cotty, J. H. Neal, Harrison, Govan, Gilham, Martin, Stille, Sinclair, J. E. Smith, W. D. Smith, Huggins, E. H. Pitts, Jennings, Emory, Skelton, Owens and Scott: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PE/NALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.

Rep. ALTMAN moved to adjourn debate upon the following Bill until Wednesday, April 9, which was adopted:

H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.

Rep. SCOTT moved that the House recur to the Morning Hour, which was agreed to.

The following was introduced:

H. 3955 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND THE ORGANIZERS AND PARTICIPANTS OF THE GREAT IRMO EASTER EGG HUNT TO BE HELD ON SATURDAY, APRIL 19, 2003, FOR THEIR COMMUNITY SPIRIT AND LEADERSHIP IN HOSTING OR PARTICIPATING IN THIS DELIGHTFUL EVENT.

The Resolution was adopted.

The following was introduced:

H. 3956 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO MODIFY THE FEDERAL INTERNAL REVENUE CODE TO ALLOW RETIREES TO PAY FOR HEALTH CARE COSTS ON A PRE-TAX BASIS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following Bills were introduced, read the first time, and referred to appropriate committee:

H. 3957 (Word version) -- Reps. Sandifer, Harrison, Delleney, Talley and Whitmire: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
Referred to Committee on Judiciary

H. 3958 (Word version) -- Reps. E. H. Pitts and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 23 SO AS TO SET FORTH THE SEX OFFENDER NOTIFICATION SYSTEM, DEFINE CERTAIN TERMS, REQUIRE THAT A SEX OFFENDER PARTICIPATE IN THE NOTIFICATION SYSTEM SET FORTH WHEN A SEX OFFENDER SHALL NOTIFY HIS PAROLE OFFICER, PROVIDE A PENALTY FOR FAILURE TO NOTIFY, SET FORTH DUTIES OF A PAROLE OFFICER, PROVIDE A PENALTY FOR FAILURE OF A PAROLE OFFICER TO PERFORM HIS DUTIES, PROVIDE THE CONTENTS OF THE NOTIFICATION FORM, AND PROVIDE THAT FUNDING FOR THE NOTIFICATION PROCESS MUST BE COVERED THROUGH EXISTING POLICE BUDGETS.
Referred to Committee on Judiciary

H. 3959 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS IN THE DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICER.
Referred to Committee on Judiciary

The following was introduced:

H. 3960 (Word version) -- Rep. Freeman: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO THE CHERAW HIGH SCHOOL "BRAVES" WRESTLING TEAM AND THEIR COACH, BRAD PORTER, FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THEIR FIRST STATE CHAMPIONSHIP IN A CRUSHING 62-15 VICTORY AT THE CLASS AA-A STATE CHAMPIONSHIP DUALS TITLE ON SATURDAY, FEBRUARY 15, 2003.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

Rep. COOPER moved that the House do now adjourn, which was agreed to.

At 12:55 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of United States Marine Corp. Sgt. George Buggs, cousin of Representative Hosey, of Barnwell, to meet at 10:00 a.m. tomorrow.

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