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 Ezekiel 39:7: "And the Nations shall know that I am the Lord."
Let us pray. God of mercy, You call us into places where people work with each other. May Your spirit transform our encounters, helping us cooperate with each other so that we may accomplish the great task before us. Give each strength, courage, and integrity as we work together for the common good of all human kind. We implore Your continued blessings upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us as we pray. 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. J. R. SMITH moved that when the House adjourns, it adjourn in memory of Mrs. Peggie Smith Olcott of Aiken, sister of Representative Don Smith, which was agreed to.
The following was received:
May 6, 2008
The Honorable Charles F. Reid
Clerk of the House
Post Office Box 11867
Columbia, SC 29211
Enclosed please find a copy of the State Regulation of Public Utilities Review Committee's Report as to the qualifications of candidates for Seats 1, 3, 5, and the At-Large Seat of the South Carolina Public Service Commission.
Sincerely,
Thomas Alexander
Chairman
May 6, 2008
Members of the South Carolina General Assembly
South Carolina State House
Columbia, South Carolina
Dear Fellow Members:
Enclosed is the State Regulation of Public Utilities Review Committee's Report as to Qualifications of Candidates for Seats 1, 3, and 5, and the At-Large Seat of the South Carolina Public Service Commission. The report is designed to assist you in determining how to cast your vote. The Review Committee is charged with the duty to nominate up to three candidates for each seat on the Public Service Commission (Commission). In accordance with this mandate, the Review Committee thoroughly investigated each candidate with respect to his or her suitability for service on the Commission. A transcript of the oral examination of the candidates on April 14, 2008, is appended to this report by reference, as required by law. It may be found on the General Assembly's website: www.scstatehouse.net/html-pages/citizen.html. The Review Committee met May 1, 2008 to consider the qualifications of the candidates. The minutes of the meeting are also available on the website.
The Review Committee's finding that a candidate is qualified and nominated means that the candidate satisfies the constitutional and statutory criteria for service on the Commission and the Review Committee's evaluative criteria. The enclosed report explains the Review Committee's evaluative criteria and details each candidate's qualifications as they relate to the evaluative criteria.
Candidates for the Public Service Commission are prohibited from asking for your commitment until 12:00 noon Thursday, May 8, 2008. Members of the General Assembly are not permitted to issue letters of introduction, announcements of candidacy, or statements detailing a candidate's qualifications on behalf of a candidate, and are not permitted to offer a pledge to vote for a candidate until 12:00 noon on May 8, 2008. If you find a candidate violating the pledging prohibitions or if you have questions about this report, please contact the Review Committee at (803) 212-6625.
Sincerely,
Thomas C. Alexander
Introduction
Act No. 175 of 2004 created the State Regulation of Public Utilities Review Committee (Review Committee) and charged the Review Committee with, among other duties, the duty to nominate candidates for the members of the South Carolina Public Service Commission (commission). The terms for Seats 1, 3, and 5, and the At-Large Seat will expire June 30, 2008. The Review Committee issued a press release announcing the vacancies on January 18, 2008. The Review Committee received applications from 14 persons, two of whom applied for a numbered seat as well as the at-large seat. One of the applicants withdrew his name from consideration prior to the public hearing.
The Review Committee conducted background investigations of each candidate, including credit, driver's license, and law enforcement checks. It gave a written examination to determine the level of knowledge that each candidate has with respect to substantive public utility issues, ethical constraints applicable to the commission, and the operations of the commission. The Review Committee also obtained records of attendance at commission meetings and hearings for the commissioners. The Review Committee held a public hearing at which all candidates were questioned and given an opportunity to make statements as to their qualifications and desire to serve as a commissioner. A transcript of the oral examination of the candidates on April 14, 2008, is appended to this report by reference, as required by
In the Spring of 2002, after reviewing all candidates for the Public Service Commission, the Joint Legislative Screening Committee (2002 Screening Committee) issued a report to the General Assembly finding: (1) the Commission suffered from a lack of strong leadership; (2) the complexity of many of the issues overwhelmed some of the commissioners; and (3) the Commission failed to articulate and adhere to clear standards of due process and ethical behavior and lacked any enforceable prohibition against inappropriate ex parte communications. The 2002 Screening Committee recommended that the General Assembly consider making long-term structural change to the Commission and in the screening process for commissioners.
Soon after the 2002 Screening Committee issued its report, members of the General Assembly requested the Legislative Audit Council (LAC) to conduct an audit of the Commission. The LAC issued a report and made recommendations to the General Assembly to address the following concerns: (1) maintaining due process and ethics; (2) strengthening qualifications of commissioners; (3) staggering terms so that all commissioners would not be elected at the same time; (4) prohibiting not only legislators, but also their immediate family members, from being elected as commissioners for four years after the legislator left the General Assembly; and (5) either splitting the Commission into two separate agencies, one comprised of commissioners and an advisory staff, and the other to be comprised of legal and technical persons to represent the public interest, or have the Commission itself create a permanent staff to advise the Commission, in addition to its technical and legal staff, to prevent ex parte communications from occurring between parties and commissioners and their advisors. Act 175 accomplished all of the changes suggested by the 2002 Screening Committee and the LAC.
In its report to the General Assembly, the 2002 Screening Committee stated that at the next screening it would: (1) insist on candidates having clear financial and credit reports prior to the screening process; (2) place substantial emphasis on a candidate's knowledge of Commission operations and hold incumbents to a higher standard; (3) survey Commission staff and parties appearing before the Commission to determine the strengths and weaknesses of individual commissioners; and (4) consider commissioners' attendance records.
Pursuant to S.C. Code Ann. Section 58-3-530, the annual performance review of commissioners seeking reelection must be made a part of the commissioner's record for consideration if the commissioner seeks reelection. The incumbent commissioners' evaluations are included after the commissioner's summary of qualifications.
Act 175 requires that for terms beginning after June 30, 2006, members of the commission must have the following qualifications:
(1) a baccalaureate or more advanced degree; and
(2) a background of substantial duration and an expertise in at least one of the following areas:
(a) energy;
(b) telecommunications;
(c) consumer protection and advocacy;
(d) water and wastewater;
(e) finance, economics, and statistics;
(f) accounting;
(g) engineering; or
(h) law.
S.C. Code Ann. Section 58-3-530. Incumbent commissioners are not required to meet the above qualifications. Also, the Review Committee may find a candidate qualified even though he does not have a background of substantial duration and an expertise in at least one of the above areas if three-fourths of the Review Committee vote to qualify the candidate.
The Review Committee is also required to consider: "(1) the ability, dedication, compassion, common sense, and integrity of the candidates; and (2) the race and gender of the candidates and other demographic factors to assure nondiscrimination to the greatest extent possible of all segments of the population of the State." S.C. Code Ann. Section 58-3-560. The determination of legal qualifications includes a determination of the candidate's residence in the appropriate Public Service Commission district as established by Section 58-3-20, the candidate's eligibility for election as determined by Section 58-3-24, and the candidate's compliance with constitutional provisions limiting election to those persons eligible to be electors of this State.
To determine fitness beyond mere legal qualifications, the Review Committee considered each candidate's experience, temperament, compliance with and knowledge of legal and ethical constraints on public service, knowledge of commission operations, demonstrated or potential aptitude for meaningful leadership and/or service at the commission, and demonstrated integrity, including the handling of personal financial affairs. The Review Committee then considered each candidate as a whole and formulated an overall recommendation.
Experience
Act 175 requires that commissioners have a background of substantial duration and an expertise in energy; telecommunications; consumer protection and advocacy; water and wastewater; finance, economics, and statistics; accounting; engineering; or law. The Review Committee considered not only whether a candidate has succeeded in one of these fields but also whether the candidate has the capability of transferring this success and knowledge to the operations of the commission. Although incumbent commissioners are exempted from this requirement, the Review Committee focused on each incumbent commissioner's success as a commissioner and his or her initiative in gaining experience in a variety of ways, including attendance at public utility seminars and workshops, judicial training, and committee work with national and regional organizations. The transcript appended to this report contains each candidate's background and employment history.
Temperament
The Review Committee sought to determine if a candidate's sense of the role he is to fill on the commission is such that his work will be productive, proactive, and protective of the interests of all South Carolinians.
Compliance with and Knowledge of Legal and Ethical Constraints
Act 175 requires that commissioners adhere not only to the State Ethics Act, but also to the Judicial Code of Conduct. The Review Committee believes that not only must the candidates be aware of the legal and ethical constraints, they must have conducted and comported themselves with the highest regard for ethics in their actions.
Given the history that led to the enactment of Act 175, the Review Committee considered whether a candidate shows an aptitude for service as a commissioner, whether as a leader or a follower, or both. In its May 2002 report on the candidates, the 2002 Screening Committee found that an absence of leadership at the commission led to problems such as prohibited ex parte communications, tension between commissioners and staff, and the lack of a coherent agency vision. The Review Committee believes that the commission should have strong leadership, be working toward common goals, be a positive influence on employees, and ensure that parties and persons appearing before the commission are treated fairly and impartially. The Review Committee therefore sought to gauge each candidate's potential aptitude to serve as a leader and/or as a commissioner supporting the goals and mission of the agency.
Integrity
Candidates must assure the Review Committee that their word is their bond. Particular attention is given to the way candidates have managed their financial affairs.
Substantive Knowledge of Commission Operations
The Review Committee believes that every candidate, whether incumbent or non-incumbent, must be required to demonstrate some basic understanding of the role of the commission and its operations. It would be unfair, however, to require non-incumbents to have accumulated a wealth of knowledge about commission operations specifically, or regulated utilities generally. Unlike incumbent commissioners, challengers have not had the benefit of a compensated opportunity to educate themselves in hearings or through conversations with commission staff. The Review Committee expects that incumbents and others who have substantial experience appearing before the commission should be able to discuss these matters with a greater fluency than those persons who have to date committed themselves to other employment. The Review Committee emphasizes that the substantive knowledge findings contained in this report are a measure of a candidate's knowledge at the time of his candidacy and are not necessarily indicative of a candidate's ability to subsequently master commission operations and the multitude of issues relating thereto.
The Review Committee finds the following candidates qualified and nominates them for election to the South Carolina Public Service Commission:
Seat 1: John E. Howard
Frank Harrington McKnight
Seat 3: Nancy Sherer Campbell
Randy Mitchell
Seat 5: G. O'Neal Hamilton
Benjamin Paul Knott, Jr.
At-Large Seat: Frank Harrington McKnight
Swain Edgar Whitfield
/s/ Sen. Thomas C. Alexander, Chm. /s/ Rep. Harry F. Cato, V-Chm.
Elizabeth H. Atwater, Esquire Erin B. Crawford, Esquire
/s/ Senator C. Bradley Hutto /s/ Rep. Harry L. Ott, Jr.
/s/ Senator Luke A. Rankin, Sr. /s/ Rep. William Sandifer III
John Steven Simmons, Esquire /s/ Helen T. Zeigler, Esquire
CANDIDATES FOR SEAT 1
JOHN E. HOWARD
Overall Recommendation:
Mr. Howard was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:
John E. "Butch" Howard was born in Columbia, South Carolina, in 1941. He is married and has five adult children. Mr. Howard received his Bachelor of Science degree in Business Administration from the University of South Carolina in 1973.
Mr. Howard was elected to the Public Service Commission, Seat 1 in March 2004. He is a member of the National Association of Regulatory Utility Commissioners (NARUC) and the Southeastern Association of
Test Score:
Mr. Howard received an overall score of 79.
General Qualifications:
Mr. Howard was evaluated to be of ABOVE AVERAGE experience to serve on the commission.
Mr. Howard was evaluated to be of APPROPRIATE temperament to serve on the commission.
Mr. Howard was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the commission.
Mr. Howard was evaluated as having OUTSTANDING demonstrated or potential aptitude for meaningful leadership and/or service on the commission.
Mr. Howard was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the commission.
Mr. Howard was evaluated to have OUTSTANDING substantive knowledge of the operations of the commission.
State Regulation of Public Utilities Review Committee
Performance Evaluation
John E. "Butch" Howard
South Carolina Public Service Commission
Seat: First Congressional District
Review Period: January 1 - June 30, 2006
Commissioner Howard was elected to the commission on March 3, 2004. During his short tenure, he has taken advantage of many opportunities to expand his understanding of public utilities issues. Commissioner Howard exhibits a desire to increase his knowledge and skills by attending educational programs. He attended and participated in seminars on Act 175, ethics, the Code of Judicial Conduct, the Energy Policy Act of 2005, telecommunications, and accounting. He is
State Regulation of Public Utilities Review Committee
Performance Evaluation
John E. "Butch" Howard
South Carolina Public Service Commission
Seat: First Congressional District
Review Period: July 1, 2006 - June 30, 2007
Commissioner Howard was elected to the commission on March 3, 2004. Since his election, Commissioner Howard has taken advantage of many opportunities to expand his understanding of public utilities issues. Commissioner Howard shows a desire to increase his knowledge and skills by attending educational programs. He attended the following programs, among others: (1) "Power System Basics for the Non-Engineering Professionals," a course presented by Clemson University on electric industry issues; (2) teleconferences on transmission siting and open transmission access sponsored by the National Regulatory Research Institute (NRRI), a research resource established by the National Association of Regulatory Utility Commissioners (NARUC); (3) a forum sponsored by the New Mexico State University Center for Public Utilities on current issues in the regulated industries; (4) a telecommunications workshop; (5) a seminar sponsored by a local law firm that concentrates on public utility law; (6) various briefings and seminars presented by commission advisory staff; and (7) briefings by public utilities that are allowed by law. He is
FRANK HARRINGTON MCKNIGHT, JR.
Overall Recommendation:
Mr. McKnight was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:
Frank Harrington McKnight was born in Kingstree, South Carolina in 1948. He is seeking election to the Public Service Commission, for either the First District or At-Large Seat. Mr. McKnight is married and has two adult children. He received a Bachelor of Science degree in Business from the University of South Carolina in 1971 and a Master of Arts degree in Administration from Tennessee Technological University in 1977.
Mr. McKnight was a Captain in the USAF, Inactive Reserve, from 1971-1977, and received an honorable discharge. From 1973-1977, Mr. McKnight worked for Verizon as a Communications Consultant. From 1977 to 1991, Mr. McKnight worked for IBM in various management positions, including the coordination of satellite communications for the Tennessee state government. From 1991-2007, Mr. McKnight worked for Wachovia/A.G. Edwards/IJL in a management position, managing $1.2 billion in assets. He holds the designation of "Certified Financial Planner." Mr. McKnight was appointed by Myrtle Beach City Council to the City of Myrtle Beach Planning Commission and served from 1994-1999.
Mr. McKnight owns a small amount of stock in Verizon Communications. Section 58-3-25(A) of the Code provides: "Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated." Mr. McKnight states that he will dispose of this stock if he is elected to the commission.
Test Score:
Mr. McKnight received an overall score of 54.
General Qualifications:
Mr. McKnight was evaluated as having AVERAGE experience to serve on the commission.
Mr. McKnight was evaluated to be of APPROPRIATE temperament to serve on the commission.
Mr. McKnight was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.
Mr. McKnight was evaluated as having ABOVE AVERAGE potential aptitude for meaningful leadership and/or service on the commission.
Mr. McKnight was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.
Mr. McKnight was evaluated to have AVERAGE substantive knowledge of the operations of the commission.
CANDIDATES FOR SEAT 3
NANCY SHERER CAMPBELL
Overall Recommendation:
Ms. Campbell was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.
Ms. Campbell was born in Anderson, South Carolina in 1964. She is married and has three children. Ms. Campbell received a Bachelor of Arts degree from Erskine College in 1986, and a Master of Business Administration degree from Georgia State University in 1991.
Between 1986 and 1991, Ms. Campbell was employed as a programmer analyst and worked as a systems analyst between 1991 and 2003 at MCI. Since 2004, Ms. Campbell has been a sales support analyst and implementation specialist at Cass Information Systems in Greenville, S.C. Ms. Campbell's employment involves working on telecommunications rates and contractual agreements. Ms. Campbell will resign from her current position if elected.
Test Score:
Ms. Campbell received an overall score of 66.
General Qualifications:
Ms. Campbell was evaluated as having ABOVE AVERAGE experience to serve on the commission.
Ms. Campbell was evaluated to be of APPROPRIATE temperament to serve on the commission.
Ms. Campbell was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.
Ms. Campbell was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the commission.
Ms. Campbell was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.
Ms. Campbell was evaluated to have OUTSTANDING substantive knowledge of the operations of the commission.
RANDY MITCHELL
Overall Recommendation:
Mr. Mitchell was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.
Mr. Mitchell was born in Newberry, South Carolina in 1950. He is married and has three adult children and a 17 year-old son. Mr. Mitchell received a Bachelor of Arts degree in Physical Education (with a minor in English) from Lander University in 1972.
Mr. Mitchell has been a member of the Public Service Commission since 1998. From 1987-1998, Mr. Mitchell was Probate Judge in Saluda County. From 1981-1987, Mr. Mitchell was a part-time member of Saluda County Council. From 1972 to 1987, Mr. Mitchell was self-employed as a farmer. He has also invested in and managed rental property and real estate. Mr. Mitchell continues to own a beef cattle farm and rental property, which his sons manage.
Test Score:
Mr. Mitchell received an overall score of 68.
General Qualifications:
Mr. Mitchell was evaluated as having OUTSTANDING experience to serve on the commission.
Mr. Mitchell was evaluated to be of APPROPRIATE temperament to serve on the commission.
Mr. Mitchell was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the commission.
Mr. Mitchell was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the commission.
Mr. Mitchell was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.
Mr. Mitchell was evaluated to have ABOVE AVERAGE substantive knowledge of the operations of the commission.
State Regulation of Public Utilities Review Committee
Performance Evaluation
Randy Mitchell, Chairman
South Carolina Public Service Commission
Seat: Third Congressional District
Review Period: January 1 - June 30, 2006
Chairman Mitchell was initially elected to the commission for a term beginning July 1, 1998, and was re-elected on March 4, 2004. He chaired the commission during the period after Act 175 transformed the commission into a more judicial body and transferred many of the functions of the "old commission" to the newly created Office of Regulatory Staff. He embraced the changes brought about by Act 175 and, as chief executive and administrative officer of the commission, successfully led the agency through the implementation of the act, including a reduction in force. He brought new life to the agency with the hiring and retention of qualified staff and helped create a culture of integrity, responsiveness, professionalism, excellence, and innovation at his agency. He took advantage of many opportunities to become knowledgeable about the new ethical standards applicable to commissioners. Chairman Mitchell exhibits a desire to increase his knowledge and skills by attending educational programs. He attended seminars on Act 175, the Code of Judicial Conduct, accounting issues, developments in telecommunications law, and developments in the energy industry. He is a member of the Committee on Telecommunications of NARUC and participated in the winter Committee meeting. He attended a "Commissioners Only" conference sponsored by NARUC. He gave a presentation at the annual meeting of the South Carolina Energy Users Conference. Chairman Mitchell ensured that hearings were conducted under dignified and orderly procedures designed to protect the rights of all parties. Based on surveys of persons appearing before the commission and commission employees, the subcommittee finds that Chairman Mitchell is courteous to all persons appearing before him, is impartial in his treatment of persons appearing before him, and has a positive influence on employee morale. The Review Committee's review revealed no evidence of unethical behavior by Chairman Mitchell.
State Regulation of Public Utilities Review Committee
Performance Evaluation
Randy Mitchell, Chairman
South Carolina Public Service Commission
Seat: Third Congressional District
Review Period: July 1, 2006 - June 30, 2007
Commissioner Mitchell was initially elected to the commission for a term beginning July 1, 1998, and was re-elected on March 4, 2004.
CANDIDATES FOR SEAT 5
G. O'NEAL HAMILTON
Overall Recommendation:
Mr. Hamilton was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:
Mr. Hamilton was born in Dillon, South Carolina in 1933. He is married and has two adult children. Mr. Hamilton obtained an Associate's Degree from North Greenville Jr. College in 1953.
Mr. Hamilton has served as the Public Service Commissioner for the Fifth District since 2004. From 1977-2003, Mr. Hamilton was employed as agency manager with Farm Bureau Insurance. He has also
Mr. Hamilton is a member of the following professional organizations: (1) National Association of Regulatory Utilities Commissioners (NARUC); (2) Southeastern Association of Regulatory Utilities Commissioners; and (3) NARUC Committee on Gas (chairman).
Test Score:
Mr. Hamilton received an overall score of 84.
General Qualifications:
Mr. Hamilton was evaluated as having OUTSTANDING experience to serve on the commission.
Mr. Hamilton was evaluated to be of APPROPRIATE temperament to serve on the commission.
Mr. Hamilton was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the commission.
Mr. Hamilton was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the commission.
Mr. Hamilton was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.
Mr. Hamilton was evaluated to have OUTSTANDING substantive knowledge of the operations of the commission.
State Regulation of Public Utilities Review Committee
Performance Evaluation
G. O'Neal Hamilton
South Carolina Public Service Commission
Seat: Fifth Congressional District
Review Period: January 1 - June 30, 2006
Commissioner Hamilton was initially elected on March 3, 2004. He was elected vice-chairman by the commissioners for a term beginning July 1, 2004, and chairman, July 1, 2006. During his short tenure, he has taken advantage of many opportunities to expand his understanding of public utilities issues. Commissioner Hamilton exhibits a desire to
State Regulation of Public Utilities Review Committee
Performance Evaluation
G. O'Neal Hamilton
South Carolina Public Service Commission
Seat: Fifth Congressional District
Review Period: June 30, 2006 - July 1, 2007
Chairman Hamilton was initially elected on March 3, 2004. He was elected vice-chairman by the commissioners for a term beginning July 1, 2004, and chairman, July 1, 2006. Since his election, he has taken advantage of many opportunities to expand his understanding of public utilities issues. Chairman Hamilton shows a desire to increase his knowledge and skills by attending educational programs. He attended the following seminars, among others: (1) a course sponsored by Clemson Power Research Association and the Power Engineering Society of the Institute of Electrical and Electronics Engineers on electric industry issues, (2) telecommunications workshops, and (3) various briefings and presentations by commission advisory staff. He is an active member of NARUC and SEARUC. He is a member of NARUC's Committee on Gas and Committee on Nuclear Issues and Waste Disposal. He was a panelist at the Bonbright Center Electric and
BENJAMIN PAUL KNOTT, JR.
Overall Recommendation:
Mr. Knott was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:
Mr. Knott was born in Beaufort, South Carolina in 1945. He is married and has two adult children. Mr. Knott graduated from the United States Merchant Marine Academy in 1967 with a Bachelor of Science degree in Marine Engineering.
Mr. Knott has thirty-seven years of experience as an industrial engineer in several different capacities, including Director of Engineering Maintenance with Springs Industries, Inc. between 1995 and 2002. Since 2002, Mr. Knott has been an energy engineer with Presbyterian Healthcare System in Fort Mill.
Test Score:
Mr. Knott received an overall score of 61.
General Qualifications:
Mr. Knott was evaluated as having ABOVE AVERAGE experience to serve on the commission.
Mr. Knott was evaluated to be of APPROPRIATE temperament to serve on the commission.
Mr. Knott was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.
Mr. Knott was evaluated as having ABOVE AVERAGE potential aptitude for meaningful leadership and/or service on the commission.
Mr. Knott was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.
Mr. Knott was evaluated to have AVERAGE substantive knowledge of the operations of the commission.
CANDIDATES FOR AT-LARGE SEAT
FRANK HARRINGTON MCKNIGHT, JR.
Overall Recommendation:
Mr. McKnight was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:
Frank Harrington McKnight was born in Kingstree, South Carolina in 1948. He is seeking election to the Public Service Commission, for either the First District or At-Large Seat. Mr. McKnight is married and has two adult children. He received a Bachelor of Science degree in Business from the University of South Carolina in 1971 and a Master of Arts degree in Administration from Tennessee Technological University in 1977.
From 1991-2007, Mr. McKnight worked for Wachovia/A.G. Edwards/IJL in a management position, managing $1.2 billion in assets. He holds the designation of "Certified Financial Planner." From 1977 to 1991, Mr. McKnight worked for IBM in various management positions, including the coordination of satellite communications for the Tennessee state government. From 1973-1977, Mr. McKnight worked for Verizon as a Communications Consultant. From 1991 until the present, he has owned and managed 15 rental properties, all of which are single-family residential apartments.
Mr. McKnight was a Captain in the USAF, Inactive Reserve, from 1971-1977, and received an honorable discharge. Mr. McKnight was appointed by Myrtle Beach City Council to the City's Planning Commission and served from 1994-1999.
Mr. McKnight owns a small amount of stock in Verizon Communications. Section 58-3-25(A) of the Code states: "Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated." Mr. McKnight states that he will dispose of this stock if he is elected to the commission.
Test Score:
Mr. McKnight received an overall score of 54.
General Qualifications:
Mr. McKnight was evaluated as having AVERAGE experience to serve on the commission.
Mr. McKnight was evaluated to be of APPROPRIATE temperament to serve on the commission.
Mr. McKnight was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.
Mr. McKnight was evaluated as having ABOVE AVERAGE potential aptitude for meaningful leadership and/or service on the commission.
Mr. McKnight was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.
Mr. McKnight was evaluated to have AVERAGE substantive knowledge of the operations of the commission.
SWAIN E. WHITFIELD
Overall Recommendation:
Mr. Whitfield was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:
Mr. Whitfield was born in Columbia, South Carolina in 1963. He is married and has three children. He received a Bachelor of Arts degree in Geography from the University of Georgia in 1986, focusing on economic and industrial geography.
Mr. Whitfield founded Whitfield Transportation, Inc. in Blythewood, S.C. in 1991. Mr. Whitfield handled operations and customer service for Senn Trucking Co. in Newberry from 1990-1991. From 1987-1990, he was employed by Youmans Transportation, Inc. in West Columbia as operations manager for transportation brokerage operation. Following graduation from college in 1986, Mr. Whitfield began working for Laidlaw Carriers in Atlanta, GA. Mr. Whitfield served on the Winnsboro City Council between 1995 and 1999, during which time the city took over wastewater service from a private firm and expanded gas and electric service. From 2006 to the present, Mr. Whitfield has been a Board Member of John De La Howe, appointed and confirmed by the S.C. Senate. He states he would resign this position if elected.
Mr. Whitfield currently owns SCANA stock. Section 58-3-25(A) of the Code provides: "Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated." Mr. Whitfield states that he will dispose of this stock if he is elected to the commission.
Test Score:
Mr. Whitfield received an overall score of 76.
General Qualifications:
Mr. Whitfield was evaluated as having ABOVE AVERAGE experience to serve on the commission.
Mr. Whitfield was evaluated to be of APPROPRIATE temperament to serve on the commission.
Mr. Whitfield was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.
Mr. Whitfield was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the commission.
Mr. Whitfield was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.
Mr. Whitfield was evaluated to have OUTSTANDING substantive knowledge of the operations of the commission.
Received as information.
The following was received:
Columbia, S.C., May 6, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 71:
S. 71 (Word version) -- Senators Ryberg, Bryant, Cromer, Richardson, Fair and Ford: A BILL TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), TO PROVIDE SUCH IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
Document No. 3134
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-7-250, et seq. (2002 and Supp. 2006)
Standards for Licensing Nursing Homes
Received by Speaker of the House of Representatives
January 8, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 7, 2008
Revised: May 22, 2008
H 01/08/2008 Referred to Committee
S 01/08/2008 Referred to Committee
H 02/27/2008 Resolution Introduced to Approve 4767
S 04/17/2008 Committee Requested Withdrawal
120 Day Period Tolled
- 05/02/2008 Withdrawn and Resubmitted 05/22/2008
The following was introduced:
H. 5114 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF MR. LARRY WELLS, SR., OF LEE COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5115 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF GERALDINE LOCKLAIR ROLLINS OF LEE COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5116 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5117 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE CAITLYN CARLILE OF SPARTANBURG COUNTY ON BEING NAMED 2008 SOUTH CAROLINA JUNIOR NATIONAL TEENAGER, AND TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5118 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SALLY WILSON HUGHES OF ABBEVILLE COUNTY UPON THE OCCASION OF HER RETIREMENT AFTER MORE THAN FORTY-THREE YEARS OF PUBLIC SERVICE, AND TO WISH HER HAPPINESS AND SUCCESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 5119 (Word version) -- Reps. Huggins, Haley, Frye, Spires, Toole, Crawford, Ott, Ballentine, McLeod and E. H. Pitts: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF THE LIVESTRONG ARMIES OF SOUTH CAROLINA IN RAISING AWARENESS AND FUNDS IN THE FIGHT AGAINST CANCER, AND TO DECLARE TUESDAY, MAY 13, 2008, AS "LIVESTRONG DAY" IN SOUTH CAROLINA.
Whereas, the members of the South Carolina House of Representatives are profoundly grateful to the volunteers of the Livestrong Armies of South Carolina for their efforts in raising awareness of cancer in South Carolina; and
Whereas, cancer is the second leading cause of death in South Carolina, and over twenty-one thousand citizens were diagnosed with cancer in 2007; and
Whereas, four Livestrong Armies have been formed in South Carolina by the Lance Armstrong Foundation, including Livestrong Army Upstate, SC; Livestrong Army Marietta, SC; Livestrong Army Lowcountry, SC; and Livestrong Army South Carolina; and
Whereas, founded in 1997 by champion cyclist Lance Armstrong, the Lance Armstrong Foundation, together with its partners, has raised more than two hundred fifty million dollars for the fight against cancer which has been used to focus on cancer prevention, on access to screening and care, and on research and quality of life for survivors; and
Whereas, Livestrong Armies hold Livestrong Day, a one-day initiative nationwide by the Lance Armstrong Foundation to raise awareness and funds for the fight against cancer; and
Whereas, the members of the South Carolina House of Representatives are grateful to the volunteers of Livestrong Armies across South Carolina who embody the fortitude of our citizens
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, recognize and honor the work of the Livestrong Armies of South Carolina in raising awareness and funds in the fight against cancer, and declare Tuesday, May 13, 2008, as "Livestrong Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Livestrong Army South Carolina.
The Resolution was adopted.
The following was introduced:
H. 5120 (Word version) -- Rep. Dantzler: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE NORTHSIDE CHRISTIAN SCHOOL "LADY EAGLES" SOFTBALL TEAM OF CHARLESTON COUNTY ON ITS OUTSTANDING SEASON AND IMPRESSIVE WIN OF THE 2008 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS CLASS 2A STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
On motion of Rep. DANTZLER, with unanimous consent, the following was taken up for immediate consideration:
H. 5121 (Word version) -- Rep. Dantzler: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NORTHSIDE CHRISTIAN SCHOOL "LADY EAGLES" SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2008
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Northside Christian School "Lady Eagles" softball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2008 South Carolina Association of Christian Schools Class 2A State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5122 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO HONOR MRS. MAMIE J. REARDEN OF EDGEFIELD COUNTY, A MUCH-LOVED MATRIARCH OF SPRINGFIELD BAPTIST CHURCH, AT NEARLY ONE HUNDRED TEN YEARS OF AGE, AND TO WISH HER CONTINUED HEALTH AND HAPPINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1183 (Word version) -- Senators Ritchie, Ford and Knotts: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 21, 2008, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, TO FILL THE UNEXPIRED TERM OF WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 21, 2008, at 12:00 Noon to elect a successor to the Honorable John W. Kittredge, Judge of the Court of Appeals, Seat 3, to fill the unexpired term which expires June 30, 2013; to elect a successor to the Honorable Ralph King Anderson, Jr., Judge of the Court of Appeals, Seat 9, upon his retirement on or before December 31, 2008, to fill the unexpired term which expires June 30, 2010, and the subsequent full term which expires June 30, 2016; and to elect a successor to the Honorable Aphrodite K. Konduros, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, to fill the unexpired term which expires June 30, 2010, and the subsequent full term which expires June 30, 2016.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that immediately following the election of all judicial candidates, the General Assembly shall elect successors to the Honorable John E. Howard, Public Service Commissioner for the First District, whose term expires June 30, 2008; the Honorable Randy Mitchell, Public Service Commissioner for the Third District, whose term expires June 30, 2008; the Honorable G. O'Neal Hamilton, Public Service Commissioner for the Fifth District, whose term expires June 30, 2008; and the Honorable C. Robert Moseley, Public Service Commissioner for the At-Large Seat, whose term expires June 30, 2008.
Be it further resolved that all nominations for successors to the Public Service Commission must be made by the Chairman of the State Regulation of Public Utilities Review Committee and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that all nominations for successors to the Employment Security Commission must be made by the Chairman of the Senate Labor, Commerce and Industry Committee or his designee and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1358 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WILLIAM RANDALL "WILLIE" PARKER OF AIKEN COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
S. 252 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE
S. 617 (Word version) -- Senators Fair and Verdin: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-186, TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN VIOLATION OF RESTRICTIONS IMPOSED ON A DRIVER'S LICENSE ISSUED PURSUANT TO SECTIONS 56-1-50, 56-1-175, OR 56-1-180 IS GUILTY OF A MISDEMEANOR AND MUST BE FINED NOT MORE THAN THREE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN THIRTY DAYS, THE COURT MAY SUSPEND ALL OR PART OF THE SENTENCE CONDITIONED UPON THE OFFENDER COMPLETING, TO THE SATISFACTION OF THE COURT, COMMUNITY SERVICE, PUBLIC SERVICE, OR A SAFE DRIVING COURSE, TO PROVIDE ENHANCED PENALTIES IF GREAT BODILY INJURY RESULTED FROM AN ACCIDENT THAT OCCURRED IN CONJUNCTION WITH A VIOLATION OF THE RESTRICTIONS; AND TO ADD SECTION 56-1-187, TO PROVIDE THAT A PARENT OR GUARDIAN MAY NOT KNOWINGLY PERMIT HIS DEPENDENT TO OPERATE A MOTOR VEHICLE IN VIOLATION OF HIS DEPENDENT'S DRIVER'S LICENSE RESTRICTIONS OR TO KNOWINGLY PERMIT HIS DEPENDENT TO OPERATE A MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, AND TO PROVIDE PENALTIES FOR A VIOLATION.
Referred to Committee on Judiciary
S. 1129 (Word version) -- Senators Thomas, Jackson, Lourie, Ford and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 TO TITLE 38 SO AS TO ENACT
S. 1132 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN MATTERS RELATING TO INSURANCE, SO AS TO REDEFINE "ADMITTED ASSETS"; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS REQUIRED OF STOCK INSURERS, SO AS TO REQUIRE THE INSURER TO LIST THOSE THAT QUALIFY AS ADMITTED ASSETS ON THE INSURER'S MOST RECENT STATUTORY FINANCIAL STATEMENT FILED WITH
S. 1337 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO MODULAR BUILDING CONSTRUCTION ACT, RESTRUCTURING, DESIGNATED AS REGULATION DOCUMENT NUMBER 3183, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 1338 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO BARRIER FREE DESIGN, RESTRUCTURING, DESIGNATED AS REGULATION DOCUMENT NUMBER 3181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks
White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, May 6.
Paul Agnew Jerry Govan Jackson "Seth" Whipper Joe Jefferson
Announcement was made that Dr. Leo Walker of Columbia was the Doctor of the Day for the General Assembly.
My name was mistakenly placed as a co-sponsor of H. 4263. I never intended to co-sponsor this Bill and have always opposed it. I had my name removed as a co-sponsor on May 1, 2008.
Rep. Ted M. Vick
The following Bill was taken up:
S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19204MM08):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
"(C) Those state agencies and local entities, including counties, which are allocated and receive by law received minibottle tax revenues in fiscal year 2004-2005 for education, prevention, and other purposes, shall receive in a fiscal year at least the same amount of revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did received from minibottle tax revenues during fiscal year 2004-2005. If these state agencies and local entities do not, the difference must be made up from the general fund. Payments will be distributed in four equal payments based on the total payments remitted to these state agencies and entities in fiscal year 2004-2005, including funds allocated received pursuant to Section 6-27-40(B). At the end of each fiscal year, the State Treasurer, in consultation with the Department of Revenue, shall determine whether the tax collected pursuant to these sections exceed the total collection and remittance for fiscal year 2004-2005. If the tax collected exceeds the amount collected and allocated in fiscal year 2004-2005, a distribution of the difference will be remitted to the county treasurers within thirty days after the close of each fiscal year."
B. This section takes effect upon approval by the Governor and first applies for excise tax revenues distributed for fiscal year 2007-2008.
SECTION 2.A. Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"(2) 'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition that provides facilities for seating not less fewer than forty persons simultaneously at tables for the service of meals and that:
(a) is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;
(b) has readily available to its guests and patrons either menus with the listings of various meals offered for service or a listing of available meals and foods, posted in a conspicuous place readily discernible by the guest or patrons; and
(c) prepares for service to customers, upon the demand of the customer, hot meals at least once each day the business establishment chooses to be open."
"( ) For purposes of this section:
(1) 'Kitchen' means a separate and distinct area of the business establishment that is used solely for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for the cooking, serving, and storage of solid foods and must include a least twenty-one cubic feet of refrigerated space for food and a stove.
(2) 'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal.
(3) 'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."
SECTION 3. Section 61-6-1636 of the 1976 Code, as added by Act 139 of 2005, is amended by adding an appropriately lettered subsection at the end to read:
"( ) A licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act, on or before the last day of February following the calendar year of sales of alcoholic liquors to a person licensed by this article to sell alcoholic liquors for on-premises consumption, must file with the department a report prescribed by the department of sales to persons licensed to sell alcoholic liquors for on-premises consumption. The report must include the name and license number of the purchaser and the date and quantity of the sale by brand and bottle size. Failure to file the required report constitutes a violation of the Alcoholic Beverage Control Act and the department may suspend or revoke the license of the retail dealer."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Reps. BEDINGFIELD, PERRY, HAMILTON, LEACH, DAVENPORT, WALKER, PHILLIPS, UMPHLETT and TOOLE requested debate on the Bill.
The following Bill was taken up:
S. 880 (Word version) -- Senators Campsen, Knotts, Fair and Scott: A BILL TO AMEND SECTION 56-1-2110 OF THE 1976 CODE, RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT A PERSON WITH A VERIFIED POSITIVE DRUG TEST OR ALCOHOL CONFIRMATION TEST IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE UNTIL THE PERSON SUCCESSFULLY COMPLETES AN ALCOHOL OR DRUG PROGRAM; AND TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, TO PROVIDE THAT A MEDICAL REPORTING OFFICER CONDUCTING DRUG OR ALCOHOL CONFIRMATION TESTS PURSUANT TO 49 C.F.R. 40 MUST REPORT POSITIVE VERIFIED TEST RESULTS TO THE DEPARTMENT OF MOTOR VEHICLES.
Rep. WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19208CM08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 56 of the 1976 Code is amended by adding:
Section 56-1-2210. (1) Unless otherwise specified, the terms used in this article have the same meaning as those terms defined in 49 C.F.R. 40.3.
(2) For purposes of this article, 'employer' includes all motor carriers or employers who employ drivers who operate commercial motor vehicles and who are required to have a drug and alcohol testing program pursuant to the Federal Motor Carrier Safety Regulations, 49 C.F.R. 382, or to a consortium to which the carrier or employer belongs and consortiums or third party administrators who perform drug and
(3) For purposes of this article, 'employee' includes a person holding a resident or nonresident commercial motor vehicle driver's license employed by an employer
described in subsection (2) who performs a safety sensitive function, or an owner operator subject to testing by a consortium or third party administrator who performs drug and alcohol testing services pursuant to 49 C.F.R. 382.
(4) For purposes of this article, 'applicant' means a person holding a resident or nonresident commercial motor vehicle driver's license seeking employment with an employer described in subsection (2) who will perform a safety sensitive function as part of his employment.
Section 56-1-2220. (A) All employers shall report to the Department of Motor Vehicles within three business days a refusal by an employee or applicant made to the employer to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. 40.
(B) All medical review officers or breath alcohol technicians hired by or under contract to an employer shall report to the employer within three business days:
(1) a verified positive drug test or positive alcohol confirmation test of an employee or applicant;
(2) a refusal by an employee or applicant to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. 40, or;
(3) the submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen by an employee or applicant.
(C) Employers shall make it a written condition of their contract or agreement with a medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath alcohol technician is located, that the medical review officer or breath alcohol technician is required to report to the employer the information required by subsection (B).
(D) Upon receipt of the notification from a medical review officer or a breath alcohol technician, employers shall report to the department within three business days:
(1) a verified positive drug test or positive alcohol confirmation test of an employee or applicant;
(2) a refusal by an employee or applicant made to a medical review officer or breath alcohol technician to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. 40, or;
(3) the submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen by an employee or applicant.
(E) The notification required by this section must be made in a manner approved by the department and must include on the notification submitted to the department a coding method that indicates whether the person who is the subject of the notification is an employee or applicant.
(F) An employer must maintain a record of the notification to the department on each employee or applicant for three years.
(G) The records required by this section are subject to inspection by the Department of Public Safety.
(H) Evidence included in a person's motor vehicle record that indicates the person tested positive on a drug or alcohol confirmation test, refused to submit to a drug or alcohol confirmation test, or submitted a diluted or adulterated specimen is not admissible in any action unless probative to demonstrate that the person was under the influence of drugs or alcohol at the time of an accident that this is the subject of the action.
Section 56-1-2230. (A) An employer, medical review officer, or breath alcohol technician who knowingly fails to make a report to the Department of Motor Vehicles as required by this article is subject to a fine of up to five hundred dollars.
(B) An employer who employs a person in a safety sensitive function when the employer knows the employee is disqualified from driving a commercial motor vehicle pursuant to Section 56-1-2110(G) is subject to a fine of up to two thousand dollars.
(C) The penalties provided by this section do not apply to the State, a state agency, or a political subdivision.
(D) Any person or entity is immune from liability for the good faith performance of any duty imposed by this article.
(E) Fines collected pursuant to this section must be credited to the Department of Public Safety's Transport Police Division."
SECTION 2. Section 56-1-2110 of the 1976 Code, as last amended by Act 42 of 2005, is further amended to read:
"Section 56-1-2110. (A) A person is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first violation of:
(1) driving a motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability as prescribed by state law;
(2) driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four-one hundredths or more;
(3) leaving the scene of an accident involving a motor vehicle driven by the person;
(4) using a motor vehicle in the commission of a felony as defined in this article;
(5) refusal to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle;
(6) driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or cancelled, or the driver is disqualified from operating a commercial motor vehicle;
(7) causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide. If any of the above violations occur while transporting a hazardous material required to be placarded, the person is disqualified for not less than three years.
(B) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (A) or a combination of those offenses, arising from two or more separate incidents.
(C) Only offenses committed after the effective date of this article may be considered in applying this subsection.
(D) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (B) may be reduced to not less than ten years.
(E) A commercial driver's license holder is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three-year period.
(G) A person is disqualified from driving a commercial motor vehicle if a report pursuant to Section 56-1-2220 has been received by the Department of Motor Vehicles that the person has received a verified positive drug test or positive alcohol confirmation test, or refused to take a drug or alcohol test. A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the substance abuse professional certified in a manner approved by the Department of Alcohol and Other Drug Abuse Services that the person has successfully completed a drug or alcohol treatment or education program as recommended by the substance abuse professional. A person who is disqualified under this subsection more than three times in a five-year period is disqualified for life.
(G)(H) After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state which issued the commercial driver's license or commercial driver's instruction permit within ten days.
(H)(I) For purposes of this section, serious traffic violations are those violations contained in Section 56-1-2030(22) and 49 CFR 383.5 and 383.51."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 882 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 40-15-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DENTAL INSTRUCTOR LICENSES, SO AS TO PROVIDE THAT SUCH LICENSES ARE RESTRICTED LICENSES; TO FURTHER SPECIFY IN WHAT EDUCATIONAL PROGRAMS SUCH A LICENSEE MAY TEACH; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSE IF THE LICENSEE CEASES TO BE A FACULTY MEMBER AT ONE OF THE SPECIFIED PROGRAMS; AND ALSO TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THE CHAPTER OR REGULATIONS PROMULGATED UNDER THE CHAPTER; AND TO ADD SECTION 40-15-176 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND ISSUANCE OF RESTRICTED PUBLIC HEALTH DENTAL LICENSES FOR OUT-OF-STATE LICENSED DENTISTS WHO WORK IN A GOVERNMENT OR ELEEMOSYNARY ENTITY TO PROVIDE DENTAL CARE TO UNDERSERVED RESIDENTS OF THIS STATE; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSEE IF THE LICENSEE CEASES TO BE EMPLOYED BY A SPECIFIED PROGRAM; TO REQUIRE SUCH LICENSES TO BE RENEWED ANNUALLY; AND TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THIS CHAPTER OR REGULATIONS PROMULGATED UNDER THIS CHAPTER.
Rep. PARKS explained the Bill.
The following Bill was taken up:
S. 918 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO AUTHORIZE CENTRAL FILL PHARMACIES TO BE ESTABLISHED IN THIS STATE FOR THE PURPOSE OF FILLING PRESCRIPTIONS FOR, AND AT THE REQUEST OF, ANOTHER PHARMACY; TO ESTABLISH CERTAIN OPERATING
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12281AC08), which was adopted:
Amend the bill, as and if amended, Section 40-43-190(C)(1) on page 3, line 6 by deleting /another/ and inserting /a central fill/. So when amended, Section 40-43-190(C)(1) reads:
/ (1) A pharmacy that outsources prescription filling to a central fill pharmacy shall, prior to outsourcing the prescription:
(a) notify patients that their prescription may be filled by another pharmacy; and
(b) provide the name of that pharmacy or notify the patient if the pharmacy is part of a network of pharmacies under common ownership and that any of the network pharmacies may fill the prescription. /
Amend the bill further, Section 40-43-190(D)(3) on page 3, line 31 by deleting /required/ and inserting /authorized/. So when amended, Section 40-43-190(D)(3) reads:
/ (3) This subsection does not apply to patients in facilities, including, but not limited to, hospitals or nursing homes, where drugs are administered to patients by a person authorized to do so by law. /
Renumber sections to conform.
Amend title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
Rep. CRAWFORD proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12322AC08):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
"(I)(1) This chapter does not require a permit of or prevent a licensed practitioner, as defined under Section 40-43-30(45), from:
(a) dispensing drugs or devices that are the lawful property of the practitioner or of a partnership or corporate entity which is fully owned by licensed practitioners; however, if the partnership or corporate entity is not fully owned by licensed practitioners, only a licensed practitioner, who is a physician, as defined in Section 40-47-5 may dispense such drugs or devices without a permit; or
(b) from dispensing a free complimentary trial supply of drugs owned by a person or institution authorized to possess medication under state or federal law for indigent patients with guidelines equal to or equivalent to Section 340B of the Public Health Service Act. Drugs or medicine dispensed pursuant to this subsection must comply with the labeling requirements of state and federal laws and regulations."/
Renumber sections to conform.
Amend title to conform.
Rep. CRAWFORD explained the amendment.
Reps. KENNEDY and RICE requested debate on the Bill.
Rep. SELLERS raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W. D. SMITH stated that both the Bill and the Amendment dealt with how pharmaceuticals are dispensed and he overruled the Point of Order.
Reps. SELLERS, RUTHERFORD, ALEXANDER, MOODY-LAWRENCE, F. N. SMITH, ANTHONY, MERRILL, J. H. NEAL, HOSEY, BREELAND, MACK, CRAWFORD, HART and SHOOPMAN requested debate on the Bill.
Rep. SHOOPMAN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4012 (Word version) -- Reps. Agnew and Gambrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 28 IN ABBEVILLE COUNTY FROM THE MCCORMICK COUNTY LINE TO THE ANDERSON COUNTY LINE THE "173D AIRBORNE BRIGADE (SEP) SKY SOLDIERS MEMORIAL HIGHWAY VIETNAM 1965-1971" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "173D AIRBORNE BRIGADE (SEP) SKY SOLDIERS MEMORIAL HIGHWAY VIETNAM 1965-1971".
H. 4929 (Word version) -- Reps. Haley, Toole, Ballentine, Bingham, Frye, Huggins, McLeod, Ott and Spires: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PLATT SPRINGS ROAD IN LEXINGTON COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 6 TO ITS INTERSECTION WITH KYZER ROAD THE "LANCE CORPORAL JOSHUA L. TORRENCE MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL JOSHUA L. TORRENCE MEMORIAL HIGHWAY".
H. 5109 (Word version) -- Rep. F. N. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND FLORA JOHNSON WINESTOCK OF GREENVILLE COUNTY AND CONGRATULATE HER AND THE CONGREGATION UPON THE THIRTIETH ANNIVERSARY OF HER MINISTRY TO SECOND CALVARY MISSIONARY BAPTIST CHURCH.
At 1:03 p.m. the House, in accordance with the motion of Rep. J. R. SMITH, adjourned in memory of Mrs. Peggie Smith Olcott of Aiken, sister of Representative Don Smith, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, June 22, 2009 at 12:03 P.M.