Tuesday, May 19, 2015
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 Deuteronomy 11:18: "Put these words of mine in your heart..."
Let us pray. Mighty God, imprint Your words of wisdom and integrity upon these Representatives and staff, as they work together in accomplishing the agenda set before us. Guide these men and women throughout the process of this day. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor to in these Halls of Government. Protect our defenders of freedom as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. 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 PRO TEMPORE.
After corrections to the Journal of the proceedings of Friday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. MCKNIGHT moved that when the House adjourns, it adjourn in memory of former Representative Kenneth "Ken" Kennedy of Greeleyville, which was agreed to.
The House stood in silent prayer for former Representative Kenneth "Ken" Kennedy and his family of Greeleyville.
The following was received:
Committee Members In Attendance:
Chairman Senator Harvey S. Peeler, Jr.
Senator Thomas C. Alexander
Senator Robert W. Hayes, Jr.
Senator John L. Scott, Jr.
Representative William R. Whitmire
Representative Phyllis J. Henderson
Also present:
Martha Casto
Julie Price
CHAIRMAN SENATOR PEELER: If there's no objection, we'll go ahead and get started. I would like to call the meeting to order.
This is the meeting of the Joint Legislative Committee to Screen Candidates for College and University Boards of Trustees. I'd like to welcome everyone and welcome the members. We have a couple more that are coming in, but if there's no objection, we'll go ahead and get started.
We have Senator Scott, Senator Hayes, Representative Alexander, and Representative Whitmire here, and I'm Harvey Peeler.
And first, we'd like to call up Robert F. Sabalis from Orangeburg. He seeks a Congressional Seat for the Lander University Board.
If you would, raise your right hand, please, sir.
DR. SABALIS: (Complying.)
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
DR. SABALIS: I do.
CHAIRMAN SENATOR PEELER: If you would, take a seat. Make sure your light is burning green.
DR. SABALIS: It is.
CHAIRMAN SENATOR PEELER: Thank you.
MS. CASTO: Members of the Committee, inside your notebook is a skinny on each candidate.
CHAIRMAN SENATOR PEELER: For the record, if you would, state your full name in case I've mispronounced it.
DR. SABALIS: My name is Robert Sabalis.
CHAIRMAN SENATOR PEELER: Good.
I came pretty close. Thank you.
Would you like to give a brief explanation to the Committee on why you'd like to serve on the Lander Board?
DR. SABALIS: Yes. Thank you.
I'm a clinical psychologist by training. I worked for the University of South Carolina School of Medicine for 29 years until I moved to Washington in 2000 to work for the Association of American Medical Colleges.
I returned to Orangeburg in 2012, so we've been back for about three years. And I worked halftime from home as a medical school accreditor.
During my time in medical education, or in education as a whole, two things have always impressed me; one of which is the quality of a liberal arts education as preparation for a variety of fields in industry employment.
And the second is the fact that South Carolina universities, and maybe in particular Lander University, makes it its mission to seek out students in this region who might not otherwise consider an education and then provides a superb education and the quality of educational support necessary to be successful in that education.
When a board vacancy became available in Orangeburg last year when the current board member died unexpectedly of cancer, some members of the board contacted me about my potential interest in serving in this position. I had no prior contact with Lander University, though I had been on the campus before. So I investigated. I went and met with the president, with the legislative liaison, went to the library for a couple of hours and spent time going through history books and meeting minutes and publications of the university, and I was very impressed.
So because Lander provides a liberal arts education, and that's always been one of my passions, and because they're committed to finding those students in South Carolina who might not otherwise seek a college education and provide them with a superb education, I'm interested in doing whatever I can to support their mission and their implementation of that mission.
CHAIRMAN SENATOR PEELER: Thank you.
It always impresses me when someone does their homework, and it sounds like you have.
DR. SABALIS: I have. Thank you. I've tried to anyway.
CHAIRMAN SENATOR PEELER: Thank you.
Questions or comments from members of the Committee?
Representative Whitmire.
REPRESENTATIVE WHITMIRE: Thank you, Mr. Chairman.
Welcome, Dr. Sabalis.
DR. SABALIS: Thank you.
REPRESENTATIVE WHITMIRE: Very impressive resume, by the way.
Question three, In what areas do you think the college or university can improve?
I really like this answer. I wish we'd get this more, but do you know what -- have you done any research on what percentage of students return for a second year or do not at Lander?
DR. SABALIS: It's about 40 percent who do not return and about 60 percent who graduate in four years.
REPRESENTATIVE WHITMIRE: And is that the norm for the state or --
DR. SABALIS: I think that's pretty high, but I think that those students who leave probably leave for a bigger institution rather than just quit college. So if the institution is going to continue to grow, I think it would be good for them, good for the school, to work on increasing the retention rates of those first-year students into second year into graduation.
REPRESENTATIVE WHITMIRE: I totally agree.
And my other question is question five, the percentage of in-state versus out-of-state students.
I agree with you, the 80/20. What is it at Lander now?
DR. SABALIS: It's about that. It's about 80/20.
And in their mission statement, they talk about the fact that it's a good thing to have students from other places to expand the mix of students and the kinds of conversations that take place in the classrooms and the laboratories and the dormitories. But you don't want to have so many out-of-state students that the in-state students who need the opportunity won't have it available to them.
And I think they did the same thing I did when I was the admissions officer at the School of Medicine here in Columbia. If you're going to accept some of your class from out-of-state, you look first for those students who have ties to the state, who have relatives here, who have been to school here, and who want to stay in South Carolina.
REPRESENTATIVE WHITMIRE: I totally agree. And we have some other institutions that would look at it that way.
I'm sure you'll do a fine job.
(Representative Henderson enters the room.)
DR. SABALIS: Thank you very much.
CHAIRMAN SENATOR PEELER: Thank you.
Now Representative Henderson has arrived.
Welcome.
REPRESENTATIVE HENDERSON: Thank you.
CHAIRMAN SENATOR PEELER: Thank you.
REPRESENTATIVE HENDERSON: Sorry I'm late.
CHAIRMAN SENATOR PEELER: Senator Scott.
SENATOR SCOTT: Thank you.
Let me also welcome you.
I want to go back and visit and just a little information on a bordering state, Georgia, for example, who has made some changes to its legislature to those students who are border-state students, as they call it. They have now made some changes in the legislature to let their students -- South Carolina students come at the same tuition cost.
What's your take on that, and how will it also affect Lander being that close to, of course, bordering Georgia?
DR. SABALIS: I admire Lander's commitment to the students in the seven counties in South Carolina that surround Greenwood. I've always questioned when a state school would create a border agreement like that, and I think --
SENATOR SCOTT: Well, their legislation just changed it. It became state law right here in very specific schools and now will allow them to take in --
DR. SABALIS: Right.
SENATOR SCOTT: -- South Carolina students at the same --
DR. SABALIS: At the same rate.
SENATOR SCOTT: Yes.
So that's going to affect our out-of-state students.
DR. SABALIS: Absolutely. Absolutely. Absolutely.
I'm not sure that I see that as a plus. I think it's a plus for the students, but not a plus for this State. It's a plus for Georgia, but perhaps not a plus for South Carolina, and I think there's a potential loss there of very good students who will go to Georgia and perhaps not come back.
SENATOR SCOTT: Also, Lander just instituted an emergency management master's degree program that you can take online. I think in about 30 hours, you can get your master's degree. I don't know how familiar you are with it. So you're attracting police officers and other public safety individuals who want master's degrees in that particular area.
What's your take on that?
DR. SABALIS: I think there are three master's degree programs that you can complete online now. Online education is obviously one of the things of the future, and you need to get ahead of the curve. And I think for someone as busy as law enforcement officers, that's a good opportunity.
I am always concerned, though, that some of that online program ought to take place on campus so that there's a personal relationship with students and they know who to contact as problems arise.
SENATOR SCOTT: I think that one does require some visitations over a period of time.
DR. SABALIS: I'm not familiar with the specifics of that program yet.
SENATOR SCOTT: Thank you so much.
CHAIRMAN SENATOR PEELER: Any other questions or comments?
Hearing none, what's the desire of the Committee?
MR. HAYES: Favorable.
SENATOR SCOTT: Second.
CHAIRMAN SENATOR PEELER: A Second is heard.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed no; and the ayes have it.
Thank you, sir.
DR. SABALIS: Thank you very much.
CHAIRMAN SENATOR PEELER: We appreciate your willingness to serve, and we're thankful to whoever convinced you to do this.
DR. SABALIS: Thank you very much.
CHAIRMAN SENATOR PEELER: Thank you.
Now Winthrop University. Glen A. McCall from Rock Hill, At-Large Seat 10.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. McCALL: I do, sir.
CHAIRMAN SENATOR PEELER: On the record, would you give us your full name.
MR. McCALL: Glenn Allen McCall.
CHAIRMAN SENATOR PEELER: Thank you.
Would you like to give us a brief statement on why you'd like to continue to serve on the Winthrop Board?
MR. McCALL: Yes, sir.
First, thank you all for this opportunity to come before you. I have served on the Winthrop Board I think now for four years, three years as the superintendent of education designee, and we had this at-large seat come available. The governor's office asked if I could move into that role plus several of my colleagues on the board because we had a bylaw where if you were a designee, then you could not serve as an officer on the executive committee.
So I was before this committee, I guess, a year ago or a little less than a year ago. So I would like to continue serving on the Winthrop Board because I think there are some great opportunities, but also, we have challenges that we have to deal with in higher ed. Winthrop is an excellent campus. We have great employees and professors, but we, like all institutions, have questions as it relates to college-aged students decreasing.
As you talked about earlier, online education is increasing. And we're right at the border, as you know, with Charlotte, and the North Carolina Legislature also has a bill that will be coming up, I guess, before their session ends where out-of-state students bordering states can come into their state as an in-state tuition.
So I feel we have to prepare ourselves for that. We have to be nimble. And as you know -- and there has been much talk about enrollment growth being stagnant or flat over the last ten years, so we have to work hard to put plans in place to help the university as a board to work through those issues. And we're going to have to make the difficult decisions because our cash flow -- we're definitely meeting obligations, and I don't mean to say we're not, but we also have to reward our employees and professors there at the university, and we have to grow enrollment.
So I think my skill set and that I serve right now here at the finance committee will help. We are making some tough decisions in trying to control our non-personnel costs and doing a great job with that. So I think it's a challenging time for higher ed, but I think that those that accept the challenges are going to win in the end.
And so that's why I would like to serve, sir.
CHAIRMAN SENATOR PEELER: Thank you, and I sure appreciate your willingness to serve.
Like Senator Scott mentioned earlier about Georgia, and then you indicated that North Carolina is doing the same thing --
MR. McCALL: That's correct.
CHAIRMAN SENATOR PEELER: -- what -- look into your crystal ball. Why do you think they're doing that? Is their student head count diminishing, or what's the reason for that?
MR. McCALL: Yes.
Personally, I think they're being proactive because we all know that college-aged kids that will move into college over the next six to ten years is declining. So they're preparing for that by bringing in neighboring state kids into their system to continue the revenue stream that we all so desperately need. They're a little better than us, but due to state appropriations, they're struggling with the same challenges, enrollment growth challenges.
CHAIRMAN SENATOR PEELER: It seems from the political standpoint, they are state supported with in-state dollars, taxpayer dollars, that live within the state. I just was curious, you know, and wonder what kind of pushback they got from their local taxpaying citizens. I know you can't answer that, but --
MR. McCALL: No.
CHAIRMAN SENATOR PEELER: -- I mean, I'm just curious.
MR. McCALL: But I do think that -- I would hope that as this is debated here in Columbia that maybe we can equally offer that to our bordering universities, the out-of-state students, to help with the offset of some of the enrollment decline.
CHAIRMAN SENATOR PEELER: If you could monitor that and see of its effectiveness in any way, I'd be curious to know.
MR. McCALL: Sure.
CHAIRMAN SENATOR PEELER: Senator Scott.
SENATOR SCOTT: Mr. Chairman.
2011, 2013, the Parent PLUS program, which is a program designed after these students have exhausted all these federal funds, the parents -- and that's the monies out-of-state students were getting, the extra money to be able to be out of state. They cut that program on the HBC side. Forty-five percent of the students who were getting that money that were going to HBCUs got cut, so that means the other 55 percent, of course, would be those students coming out of regular schools.
And then that result, it has put all these schools in a situation for recruiting, enrollment, and retention. If you don't have the extra money, well, you can't pay the tuition. So if I've got a student where I can fill a slot who is in a bordering state, it's far better for me to bring that student in than to have a vacant spot at that school.
And so schools across this country -- and I'll be speaking on that a little bit later on in the month of June in Atlanta -- these students will have to go to wherever the parents can afford to get them in, which means a lot of these students will be driving to school and driving back home so they don't have to pay for meal plans and pay for housing. So we are in a major fight between students, colleges, and funding as we move forward.
So in looking -- and I'll have a bill hopefully ready on one day this week that we'll begin to take a look at what that's going to do. I don't suggest that these bordering schools, but even schools that are sitting in the middle of the state of the smaller schools, will be losing students because those are the students that we're having selected to come out and come to our schools.
CHAIRMAN SENATOR PEELER: Thank you.
Senator Hayes, did you have --
SENATOR HAYES: No.
CHAIRMAN SENATOR PEELER: Senator Alexander, did you want to comment?
SENATOR ALEXANDER: No. I'm good, sir.
CHAIRMAN SENATOR PEELER: Representative --
REPRESENTATIVE WHITMIRE: Mr. McCall --
MR. McCALL: Yes.
REPRESENTATIVE WHITMIRE: -- you may have gone over this last year, but with my memory, I can't remember. Could you go over the judgments in the civil cases that you were a party to and I think your wife, please?
MR. McCALL: Yes, yes.
One is a foreclosure where we -- a property that was foreclosed on. There were no actual judgments that we had to pay because the value of the property was more than what it sold for.
The second one is an unsecured judgment that was being worked out. The lender didn't want to make a payment agreement because it was cheaper for them to actually write off the loans, sell it to a third party, and that's how that happened.
REPRESENTATIVE WHITMIRE: That's all I have.
CHAIRMAN SENATOR PEELER: Senator Hayes.
SENATOR HAYES: I just want to -- not so much a question. I just want to thank Mr. McCall for his service on the Winthrop Board and so many other things that he does. He is a true public servant, and I think he's made a big difference in his time on the Winthrop Board already. He has really worked to get their finances in order.
And we have had a transition period from our president to Georgia over here and a president who didn't stay very long after that, and now I think we've got a good president coming on board, and he's been very much involved in helping us get through the leadership issues at Winthrop. So I speak very highly of him, and I think -- I'm just glad to see he's willing to serve another term.
CHAIRMAN SENATOR PEELER: Any other questions or comments?
Senator Hayes moves for a favorable report, and a second from Senator Scott.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed no; and the ayes have it.
MR. McCALL: Thank you.
CHAIRMAN SENATOR PEELER: Thank you again for your service.
MR. McCALL: Thank you.
CHAIRMAN SENATOR PEELER: The next, Old Exchange Building Commission. Greg --
MR. OHANESIAN: Ohanesian.
CHAIRMAN SENATOR PEELER: -- Ohanesian.
MR. OHANESIAN: Ohanesian.
CHAIRMAN SENATOR PEELER: Ohanesian?
MR. OHANESIAN: Yes, sir.
CHAIRMAN SENATOR PEELER: Okay. Thank you.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. OHANESIAN: I do.
CHAIRMAN SENATOR PEELER: Tell us again. How do you pronounce your name?
MR. OHANESIAN: Ohanesian.
CHAIRMAN SENATOR PEELER: Ohanesian.
MR. OHANESIAN: (Nodding head.)
CHAIRMAN SENATOR PEELER: Thank you, sir.
This is for the Old Exchange Building Commission At-Large Seat. You are an incumbent.
MR. OHANESIAN: Yes, sir.
CHAIRMAN SENATOR PEELER: Would you like to explain to the Committee why you'd like to consider to serve on this commission?
MR. OHANESIAN: Thank you.
I have a natural interest in history and then American and South Carolina history in particular. I'm an attorney, by the way, 34 years. A member of the Sons of the American Revolution, and I have a strong interest in American Revolutionary Board history.
There are three buildings in the United States at -- three public buildings -- excuse me -- at which the Declaration of Independence was read: Faneuil Hall in Boston, Independence Hall in Philadelphia, and the Old Exchange Building in Charleston. This is a very significant building, a jewel, in my opinion, that we have in South Carolina.
The Commission's mission, basically, is to preserve that building to make it as available as possible to the public. We have approximately -- or last year had approximately 60,000 visitors to the Old Exchange Building. We worked together with the Old Slave Mart and with the College of Charleston in terms of trying to improve the tourist flow to the Exchange Building.
I guess I've lost my thought. If you all have a question, it might help me move forward.
CHAIRMAN SENATOR PEELER: That's all right. You've said enough, if you're through.
MR. OHANESIAN: Yes.
CHAIRMAN SENATOR PEELER: Brevity is a plus with this committee.
Thank you.
How long have you served on the commission?
MR. OHANESIAN: Five years, and I was elected vice chair two years ago.
CHAIRMAN SENATOR PEELER: Were you practicing law back when Senator Lindsey was serving in the Senate?
MR. OHANESIAN: Yes, sir, I did.
CHAIRMAN SENATOR PEELER: Do you have any Lindsey stories? I know you can't tell them today.
MR. OHANESIAN: If I might, in 1982 I ventured in a campaign against Senator Lindsey; obviously, not successful.
CHAIRMAN SENATOR PEELER: Good.
MR. OHANESIAN: So yes, I have a number of Lindsey stories.
CHAIRMAN SENATOR PEELER: Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman.
And I appreciate your service, and I see where it says that you visit the Old Exchange Building regularly, at least four times a year. Is that the -- are the meetings held on a quarterly basis?
MR. OHANESIAN: They are held on a quarterly basis.
SENATOR ALEXANDER: And has your attendance been -- how would you characterize that during your service of those five years?
MR. OHANESIAN: I've missed only one meeting in the five years.
SENATOR ALEXANDER: And you would have no issues going forward with the ability to continue to serve in that capacity?
MR. OHANESIAN: Oh, no, not a bit. No, sir.
SENATOR ALEXANDER: Okay. Thank you, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Thank you.
Any other questions?
Representative Whitmire.
REPRESENTATIVE WHITMIRE: Thank you, Mr. Chairman.
How much does it cost funding-wise to maintain the building every year?
MR. OHANESIAN: We generally run about a $600,000 budget. When you talk about old buildings -- and particularly those a couple of hundred years or more run into cycles where there is a higher degree of maintenance at one point than at another, but our typical years are $600,000, which is a bit less than our revenues. We tend to make just a bit more than that.
We do have reserve accounts to handle those high-maintenance operations. We're getting ready, for example, to repaint and rewash the front end of the building, and we think we have enough funds in hand to do that without having to come to the state legislature to request more monies.
REPRESENTATIVE WHITMIRE: You're probably the only ones.
MR. OHANESIAN: We do our best to conserve both the building and monies that we have.
REPRESENTATIVE WHITMIRE: Let me ask you one other question.
You talked about trying to get more business there.
MR. OHANESIAN: Yes.
REPRESENTATIVE WHITMIRE: Have you got a plan in place, or are you formulating a plan to -- because 60,000 -- it seems to me like we can get at least 100,000 people there.
MR. OHANESIAN: Yes, and I quite agree.
One of the things we need to focus on as a commission is drawing the school children of our State to the building. This is a -- again, I love the building, and it is a great jewel, a great asset that we have in South Carolina. We, in my opinion, don't have enough of our grade-school children coming to this building to see it.
I'm up in Marlboro County. I've sponsored a couple of school trips, fifth graders, because that was the history class, American History class, and they take them at fifth grade to Charleston and to the Old Exchange Building. We need to do more to encourage the children, the school children of our State, and to work with the principals and teachers to encourage these trips to --
REPRESENTATIVE WHITMIRE: Is it free for the schools? Is there a --
MR. OHANESIAN: No, it isn't. That's how we fund a lot of our preservation efforts in the building. There's a slight charge. I think it's five bucks per child, which isn't a whole lot.
One of the other great assets of the building is the Great Hall, which is on the second floor. This is where Washington was entertained when he came until 1791. We do wedding receptions, corporate events in that hall and, of course, charge as much as we think we can get, $2,500, usually, an evening. But there's still a lot of evenings where this hall is not used, and we need to work in that direction to encourage even more corporate use of that Great Hall.
REPRESENTATIVE WHITMIRE: Okay. Thank you.
MR. SCOTT: Mr. Chairman.
CHAIRMAN SENATOR PEELER: Senator Scott.
SENATOR SCOTT: Thank you, sir.
In attracting those young children to come to that -- let's call it campus, just for the sake of discussion --
MR. OHANESIAN: Okay.
SENATOR SCOTT: -- what amenities would it have to accommodate? Most of these children, when they come, they have to have a place for them to gather in large groups, as well as accommodations for food, water, and restroom facilities. Is the Exchange designed with a pattern such as that where you have to make some other kinds of changes? 11:00, 11:30, school children, of course they want time to leave the Exchange, especially if they made a trip there from someplace else, to get a little lunch.
And then the tours, are there tour guides there as well to kind of get them through? Have those kind of issues been kind of sorted out to try to figure out how we get them there and how we maintain their attention so the next class, or that same history class, may want to come back the next year?
MR. OHANESIAN: Excellent question.
SENATOR SCOTT: Elaborate a little bit on that.
MR. OHANESIAN: Yeah.
When I was making arrangements to bring these students from Marlboro County -- I have a house in Charleston as well, and so we served lunch at that house after they went to the Old Exchange Building. There are, of course, other restaurants down in the Charleston area, but you've hit on something essential; and that is, trying to handle lunch for large groups of students.
One of the other things that has been considered is trying to encourage the students to bring bagged lunches and have their school cafeterias prepare these lunches and hand it to them on the bus in the morning so that they have lunch in hand as they're traveling to the facility.
Yes, we have tour guides, and they are dressed in period costume.
SENATOR SCOTT: Right.
MR. OHANESIAN: They are very knowledgeable about American Revolutionary War history and particularly the history of the building. And we have developed in recent years the Dungeon of the Old Exchange, and it is a great attraction for little children. It's dark. It's beautiful architecture underneath the brickwork and that sort of thing, scaled individuals in change and things like that, as the patriots would have been --
SENATOR SCOTT: Right.
MR. OHANESIAN: -- when the British occupied the city.
SENATOR SCOTT: Is there any film presentation for them to gather? Because you're going to try to keep kids' attention the whole time. You may want to look at some catering companies too as you try to make sure -- $5 or 7 or 10, especially if you're going to bring children there, so they've got a little food and they've got a little film presentation and then kind of walk them through it.
Just some suggestions. Thank you so much.
MR. OHANESIAN: Thank you, sir.
CHAIRMAN SENATOR PEELER: Senator Alexander.
SENATOR ALEXANDER: Thank you.
And just for the record, I just want to clarify. Do you currently serve on the Voter Registration Election Commission?
MR. OHANESIAN: I do not.
SENATOR ALEXANDER: Thank you, sir.
CHAIRMAN SENATOR PEELER: Your relationship of the Exchange is a relationship with the Parks, Recreation and Tourism, and the tourism folks in Charleston is a relationship. Do y'all work in concert or --
MR. OHANESIAN: Oh, very well, and we are coordinating efforts as we know that there are large groups coming into the city. Each of these historical buildings, including the Confederate Building on Market Street, we coordinate when we know they're bringing in a group. They let us know when --
CHAIRMAN SENATOR PEELER: You're part of the map.
MR. OHANESIAN: That's right.
CHAIRMAN SENATOR PEELER: Okay.
MR. OHANESIAN: That's right.
CHAIRMAN SENATOR PEELER: Good.
Any other questions?
SENATOR SCOTT: Favorable.
CHAIRMAN SENATOR PEELER: This motion is a favorable report.
A second?
SENATOR HAYES: Second.
CHAIRMAN SENATOR PEELER: I just heard it.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed no; and the ayes have it.
Thank you for your willingness to serve.
MR. OHANESIAN: Ladies and gentlemen, thank you very much.
EARLE M. BENNETT
CHAIRMAN SENATOR PEELER: Thank you.
Next, Wil Lou Gray Opportunity School, Ms. Earle M. Bennett from West Columbia, At-Large Seat --
REPRESENTATIVE HENDERSON: Mr. Chairman, may I ask a question?
CHAIRMAN SENATOR PEELER: Representative Henderson.
REPRESENTATIVE HENDERSON: Are there three at-large seats, or are all three of these folks that we're interviewing today running for the same at-large seat?
MS. CASTO: There are three at-large seats.
REPRESENTATIVE HENDERSON: Okay.
MS. CASTO: All of these, yes.
REPRESENTATIVE HENDERSON: All right.
MS. CASTO: So three people are running for three seats.
REPRESENTATIVE HENDERSON: Okay. Thank you.
CHAIRMAN SENATOR PEELER: Ms. Bennett, raise your right hand.
DR. BENNETT: (Complying.)
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
DR. BENNETT: I do.
CHAIRMAN SENATOR PEELER: Thank you.
For the record, if you would state your full name and then if you'd like to make a brief statement on why you'd like to serve.
DR. BENNETT: My full name is Katherine Earle McConnell Bennett.
And a brief statement?
CHAIRMAN SENATOR PEELER: Yes, ma'am.
I know it's uncomfortable to have these microphones in your face.
DR. BENNETT: My chair is a little bit low, I guess.
Well, my statement would be why I have opted to run again.
I have been on the board for eight years. A little more than that, actually, because I've filled an unexpired seat. So it's been a little over eight years.
Will Lou Gray has a special place in my heart because of the students that we get. I taught in career and technology education for many years. I learned about everyone having the opportunity to get an education, and many times, we have to make sure that we are providing alternative methods.
When we get letters back from grandparents or from parents or brothers or sisters, they have seen relatives go through Wil Lou Gray at the outcome versus what it was like before they got there. It makes me want to be a part of that, if just a small part.
We have a great staff. I'm always bragging on them. And we have great support from legislators.
And I'm just very thankful to have the opportunity -- now that I am retired to have the opportunity to serve, and I appreciate, Senator Peeler, you and the other Committee members for allowing me to come before your group this morning.
CHAIRMAN SENATOR PEELER: Thank you.
Any questions or comments from members of the Committee?
MR. WHITMIRE: I have one.
CHAIRMAN SENATOR PEELER: Mr. Bennett. Representative Whitmire, not Mr. Bennett.
REPRESENTATIVE WHITMIRE: How many students are at Wil Lou Gray?
DR. BENNETT: Well, we're on a trimester system, and we average about 375, 370, 476. But over an average, it's about 375.
REPRESENTATIVE WHITMIRE: What age groups do you have?
DR. BENNETT: Eighteen up.
MR. SMITH: Sixteen.
REPRESENTATIVE WHITMIRE: Is there --
DR. BENNETT: Sixteen. I'm sorry.
REPRESENTATIVE WHITMIRE: Sixteen.
Is there a cutoff, top end?
DR. BENNETT: I'm sorry. I will have to defer to the other two.
REPRESENTATIVE WHITMIRE: I can ask somebody else later.
MR. SMITH: Nineteen.
DR. BENNETT: Nineteen.
REPRESENTATIVE WHITMIRE: Sixteen to nineteen?
MR. SMITH: Yes.
DR. BENNETT: I know these things. I'm a little nervous.
REPRESENTATIVE WHITMIRE: Well --
DR. BENNETT: This morning -- he just hadn't seen me like this in a long time.
REPRESENTATIVE WHITMIRE: You don't have anything to fear from this group.
DR. BENNETT: Oh.
REPRESENTATIVE WHITMIRE: They are totally supportive.
DR. BENNETT: I've had a lot of things going on in my life lately.
REPRESENTATIVE WHITMIRE: And we just thank you so much for your willingness to serve. Wil Lou Gray is a real asset to our State. We're very fortunate to have you.
DR. BENNETT: Well, I feel like it's one of our best-kept secrets, if you want to put it that way. Like I said, I have worked with kids that have almost lost their way, and that's where Wil Lou Gray comes in. If we can get these teenagers on track before they get into real problems and get them going in the right direction, then we've served a good purpose.
CHAIRMAN SENATOR PEELER: Thank you, Ms. Bennett.
Any other questions or comments?
REPRESENTATIVE HENDERSON: Favorable report.
CHAIRMAN SENATOR PEELER: Motion is a favorable report.
A second is heard.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed, no; and the ayes have it.
Thank you, Ms. Bennett.
DR. BENNETT: Thank you.
CHAIRMAN SENATOR PEELER: It wasn't that bad, was it?
DR. BENNETT: Pardon?
CHAIRMAN SENATOR PEELER: It wasn't that bad, was it?
DR. BENNETT: No, sir.
CHAIRMAN SENATOR PEELER: Next, we have Deborah S. Blalock from Charleston, At-Large Seat, Wil Lou Gray.
Let me swear you in, Ms. Blalock.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MS. BLALOCK: I do.
CHAIRMAN SENATOR PEELER: Do you have a brief statement on why you'd like to continue to serve?
For the record, if you would give you us your full name.
MS. BLALOCK: Sure.
Deborah Shogry Blalock.
Honestly, my reason is a little bit selfish. I have a friend that's a coworker who has been on the board of Wil Lou Gray, and he's just told me so much about this school and bragged about the school, and it sounds like something I'd love to be a part of. It sounds like -- Dr. Bennett said a well-kept secret in our State, and I'd like to share. I'd like to make it not be a secret and share the information with my community in Charleston.
Questions or comments for Ms. Blalock?
And you heard about this from a friend on --
MS. BLALOCK: I did.
CHAIRMAN SENATOR PEELER: -- this vacancy?
MS. BLALOCK: Yes, sir. Yes, sir.
SENATOR ALEXANDER: Mr. Chairman, I have --
CHAIRMAN SENATOR PEELER: Well, you have five children, so you should know what you're getting into.
MS. BLALOCK: I have five, 30 to 18. Yes, they're killing me.
CHAIRMAN SENATOR PEELER: God bless you.
Senator Scott, did you have a question?
SENATOR SCOTT: No.
CHAIRMAN SENATOR PEELER: Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman.
With your schedule and everything, would there be -- would you envision any problem with you having to be able to attend meetings when necessary?
MS. BLALOCK: I don't think so. As you know, I have a great benefits package with the State of South Carolina, so I have a lot of leave built up after 21 years.
And so I don't think that will be a problem at all.
SENATOR ALEXANDER: Okay. Thank you.
CHAIRMAN SENATOR PEELER: Any other questions?
Representative Whitmire.
REPRESENTATIVE WHITMIRE: I see you're from Massachusetts. What part?
MS. BLALOCK: I was born in the Berkshires in Lenox, Mass.
REPRESENTATIVE WHITMIRE: Oh, I just toured up there with my wife last year. That's beautiful.
MS. BLALOCK: Beautiful. It is beautiful.
I love where I live now, and I --
REPRESENTATIVE WHITMIRE: How did you end up in South Carolina?
MS. BLALOCK: My parents moved to Charleston when I was two.
REPRESENTATIVE WHITMIRE: Oh, okay.
MS. BLALOCK: I've been here 53 years. I've been here a long time.
REPRESENTATIVE WHITMIRE: Thank you for your willingness to serve.
CHAIRMAN SENATOR PEELER: I probably should have asked an incumbent, but I was curious to know the difference between John de la Howe and Wil Lou Gray and if there's some overlap of admissions and if there's been any discussions of maybe even merging the two. Have you --
MS. BLALOCK: I'm completely ignorant about that.
CHAIRMAN SENATOR PEELER: That's a good answer.
Motion is a favorable report.
And is there a second?
A Second.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed, no; and the ayes have it.
Thank you for willingness to serve.
Next, Robert N. Collar from Bluffton, At-Large Seat.
MR. COLLAR: Good morning.
CHAIRMAN SENATOR PEELER: Raise your right hand.
MR. COLLAR: (Complying.)
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. COLLAR: I do.
CHAIRMAN SENATOR PEELER: For the record, if you'd give us your full name.
MR. COLLAR: Robert Nicholas Collar.
CHAIRMAN SENATOR PEELER: Do you have a brief statement on why you'd like to serve on the Wil Lou Gray Opportunity School Board?
MR. COLLAR: A brief statement in regards to that would be that I believe that it's a very well-run agency. I think it serves the youth of South Carolina extremely well, and I would love to be a part of it.
CHAIRMAN SENATOR PEELER: Okay. Questions or comments for Mr. Collar?
Senator Alexander.
SENATOR ALEXANDER: For the record, I would -- as far as attendance and meetings and there, can you comment on your availability from that aspect.
MR. COLLAR: I'm available to make all meetings unless something else comes up, like anyone else. Me being from Bluffton, it's about a two-and-a-half-hour ride, but my work schedule allows me to get to the meetings. So I can do that.
SENATOR ALEXANDER: So you wouldn't envision there being an issue with -- we just want to make sure, or at least I do, that if and when we elect folks to boards, we want them to show up.
MR. COLLAR: Yep. I will be there, as that wouldn't be a problem. Any other foreseen circumstance, other than car trouble or any other type of thing, but regular attendance is a priority of mine. I will be there.
SENATOR ALEXANDER: Okay. Thank you.
CHAIRMAN SENATOR PEELER: And you work for the Beaufort County School District.
MR. COLLAR: Yes, sir.
CHAIRMAN SENATOR PEELER: Assessment and accountability coordinator.
MR. COLLAR: Yes, sir.
CHAIRMAN SENATOR PEELER: What is that?
MR. COLLAR: It is an in-house made-up position in regards to -- the assessment portion is I run all of the school's testing, the ACT, the SAT, the PLAN and PASS assessments, including the assessment of our students of special needs. The accountability portion is I have roughly 373 individuals that are under my disciplinary constraints, so I'm in charge of a quarter of disciplining the students there.
CHAIRMAN SENATOR PEELER: Okay. I'd say, wouldn't that be an asset at Wil Lou Gray?
MR. COLLAR: Sure.
CHAIRMAN SENATOR PEELER: Senator Hayes.
SENATOR HAYES: In your capacity, have you had any dealings directly with Wil Lou Gray as far as some of your students going to Wil Lou Gray?
MR. COLLAR: Yes, sir. We've had several students to take the opportunity to go there. I think in the past five years, directly at Bluffton High School, I think we've had five students successfully get through, which has been a great help. That community, as far as the Lowcountry Region, hopefully what I've done is promote the school to give parents that opportunity to go visit first and then possibly, you know, gain acceptance into their program, and I believe that it's served them very well.
They weren't having traditional success at our public high school, and they chose to take the opportunity and they've done very well for themselves.
SENATOR HAYES: Do you have any suggestions on how Wil Lou Gray might improve?
MR. COLLAR: As far as, I think, promotion, marketing the school a little bit better, possibly taking advantage of the South Carolina Virtual Charter School, in that capacity. The strength of Wil Lou Gray is the fact that it is required that they stay on campus, the residential aspect, to pull them away from the setting that they're currently not being successful in.
But promoting the school a little bit more in the different pockets of South Carolina, I think that would do well.
CHAIRMAN SENATOR PEELER: Representative Whitmire.
REPRESENTATIVE WHITMIRE: Following up on Chairman Peeler's question to a previous candidate, can you give me a description of how Wil Lou Gray is either similar or different from de la Howe school in McCormick County?
MR. COLLAR: I've only dealt with John de la Howe, that school, on a couple of occasions, with students choosing to go there instead of choosing Wil Lou Gray as an alternative route to their education process. I'm not with the inner workings of John de la Howe, as I would be more familiar Wil Lou Gray.
I believe a strength of John de la Howe would be, again, removing the children from the current setting they're being unsuccessful in, and I believe that their stays are longer. I think Wil Lou Gray, I believe, it's a three-month setting, where John de la Howe can actually prolong their stay for residential a little bit lengthier as needed, I think, per student case.
But I'm not very familiar with their agency as far as their employees or how that works. Both schools seem to do well serving the youth of South Carolina, but I don't know anything other than that.
REPRESENTATIVE WHITMIRE: There may be an age difference there. Maybe they --
MR. COLLAR: And I do believe that they start a little bit younger.
REPRESENTATIVE WHITMIRE: Yes.
MR. COLLAR: So that -- almost like, I think, Epworth also -- the children's home, also takes students that are younger in age. So I believe that would be a difference.
REPRESENTATIVE WHITMIRE: I should know this because I was on the education committee for many years, but what does Wil Lou Gray offer? I know they offer a settling away from where the student, you know, was at home, but do they offer the same type of classes that you would see in a regular --
MR. COLLAR: Not necessarily. From my understanding right now, they still offer GED Track programs. They give the students the opportunity to take GED classes, so they teach more or less towards the GED test. They also, for children who do pass the GED the first time, they have a GAP program, I believe with Midlands Tech, where they can start to take classes through Midlands Tech en route to a four-year college degree.
REPRESENTATIVE WHITMIRE: That's great.
MR. COLLAR: So...
REPRESENTATIVE WHITMIRE: Okay. Thank you.
CHAIRMAN SENATOR PEELER: Any other Questions or comments?
What's the desire of the Committee?
SENATOR HAYES: Favorable.
CHAIRMAN SENATOR PEELER: Motion is favorable.
A second.
All in favor say aye.
ALL MEMBERS: Aye.
Opposed, no; and the ayes have it.
Thank you for your willingness to serve.
MR. COLLAR: Thank you.
CHAIRMAN SENATOR PEELER: The next members, we'll go to the Coastal Carolina University. All of these candidates are all incumbent. No one is contested today, I don't think.
So first, we'll have George Mullen from Hilton Head Island, 1st Congressional --
MS. CASTO: Mr. Mullen has not arrived. We are running probably 30 minutes ahead of schedule. Mr. Lyles is here.
CHAIRMAN SENATOR PEELER: Okay.
MS. CASTO: And I'll tell y'all before they start, the university sent us these booklets that are in front of us that are quick facts about Coastal. So I think they want y'all to quiz their board members to see if you can find --
CHAIRMAN SENATOR PEELER: That must be why Mr. Mullins is not here.
SENATOR ALEXANDER: He's studying.
CHAIRMAN SENATOR PEELER: Yes, he's studying.
All right. So we'll skip over the 1st Congressional Seat 1 and go to the 3rd Congressional Seat 3.
William L. Lyles, Jr., from Anderson.
Mr. Lyles, if you would, raise your right hand.
MR. LYLES: (Complying.)
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. LYLES: I do.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement on why you'd like to continue serving on the Coastal Carolina University Board of Trustees?
MR. LYLES: Stand, or do you want me to sit?
CHAIRMAN SENATOR PEELER: Sit and speak into the microphone.
MR. LYLES: As I stated in my very brief statement, that I'd like to continue the financials order of the university, offer what business experience I have at 40-something years in the wholesale beer business in Anderson, South Carolina. And basically, that's the nuts and bolts of it, giving my time and my work experience and facilitate matters and move on and try to take the university to growth.
CHAIRMAN SENATOR PEELER: Any questions or comments of Mr. Lyles?
SENATOR ALEXANDER: A couple of comments. One comment and one question.
CHAIRMAN SENATOR PEELER: Absolutely, Senator Alexander.
SENATOR ALEXANDER: Thank you. Good afternoon. Good to see you.
MR. LYLES: Good to see you, Senator.
SENATOR ALEXANDER: Certainly I want to first and foremost appreciate your work and what you mean to our communities there in the Upstate. Being from Oconee County, the work that y'all do and the good corporate citizens --
MR. LYLES: Thank you.
SENATOR ALEXANDER: -- from that standpoint.
What do you see there at Coastal right now? Do you feel things are in pretty good order there?
MR. LYLES: I think things are better now than they've ever been. I've been a member of the board since '93, and I was a parent prior to that. And I've seen the growth go from 4,000-something to almost 10,000, or maybe 10,000 now.
Leadership, I couldn't say enough good things about our leadership. We have a strong board. We have good management on our board. We have lively discussions, and we watch. As I said in one of my statements, surveillance, constant surveillance.
And I think we're very transparent, and it's just a matter of how many buildings we want to build and how big we want to be. And --
SENATOR ALEXANDER: Well, it's a beautiful campus.
MR. LYLES: It is.
SENATOR ALEXANDER: And y'all are doing a lot of work, and I thank you for your willingness to continue to contribute to a very wonderful institution in our State.
MR. LYLES: Thank you.
CHAIRMAN SENATOR PEELER: Senator Scott has a question.
SENATOR SCOTT: Mr. Lyles, how are you doing today?
MR. LYLES: I'm doing fine.
SENATOR SCOTT: I notice that Coastal is about 60 percent in-state and 40 percent out-of-state students.
MR. LYLES: It's a little bit less than that now. I think it's 50 to 48 with this new in state against out of state.
SENATOR SCOTT: Fifty-eight in state?
MR. LYLES: I believe that's what it is, yeah. It's in this package.
SENATOR SCOTT: It sounds like you took the old book there probably as you were coming in.
MR. LYLES: No. I encourage all of y'all to read that thing and make this thing go a little faster, but...
SENATOR SCOTT: Given the agreements occurring both in North Carolina and Georgia, Georgia has already adopted the agreement with those students that live in border states. They are going to begin to allow certain schools in Georgia and, I think, North Carolina had a bill of two, we're told, to allow those border-state students now to come to South Carolina, students to come into a very specific college at the same fair or fee to go to colleges as if a regular residential student.
What affect do you think that it's going to have on Coastal?
MR. LYLES: If they've qualified, I think it's a good idea, but here again, you know, Coastal was started in 1954 to serve a need to Horry-Georgetown County. That's first and foremost, and you just have to measure things. I think they call it in government "feasibility study." I think. It hasn't been done that I know of, but --
SENATOR SCOTT: Well, have you --
MR. LYLES: I think anything to make the university grow within our boundaries and our capabilities, I think it's good, but we have to make sure it's -- we can do it first.
SENATOR SCOTT: Well, the reason why I ask that -- and it may not work as well for Coastal -- Coastal out-of-state students pay $23,300. In-state students pay $9,960. The damage it could actually do with, you know, out-of-state students who live on the border -- because you're right there at North Carolina, or straight up the coast, with beautiful beaches and facilities that I traveled not too long ago. And I don't know how many students you have that are really border students who would qualify for that.
I would invite you to go back and immediately take a look at that.
MR. LYLES: Okay.
SENATOR SCOTT: It could really bring your numbers down, especially if you're in the middle of this.
MR. LYLES: I'm sure someone that you will talk to today might have a little better insight of all that.
SENATOR SCOTT: Okay. Thank you so much.
MR. LYLES: Thank you.
CHAIRMAN SENATOR PEELER: Any other questions or comments for Mr. Lyles?
Senator Alexander.
SENATOR ALEXANDER: I think it's the appropriate time to move for favorable.
CHAIRMAN SENATOR PEELER: Mr. Whitmire has a quick question for him.
Representative Whitmire.
REPRESENTATIVE WHITMIRE: I'm into the student growth. 615 percent sounds great, but do you get to a point where you're just too saturated with growth and that's more of your goal in trying to, you know, kind of rein it in? What's your feelings on that?
MR. LYLES: When my son started there in 1990, it was 4,000-something. We're now at 10,000. That is a good question.
But we're growing. We're building buildings thanks to lots of things. That's something that needs some serious discussion in years to come. Right now we don't seem to -- we haven't seen any problems that we can't handle with our management right now, but, you know, it concerns me to a certain degree. You know, you don't want to get too big for your britches.
REPRESENTATIVE WHITMIRE: You don't want to water down your --
MR. LYLES: No, I don't think that's going to happen. I think that's where our leadership comes in and then -- first and foremost, we watch tenure of professors. We want to make sure our professors are doing what they're supposed to be doing, and we're constantly monitoring students as well. And I haven't seen any instances where that would make me say, "No, you know, we've got to cut it off here."
REPRESENTATIVE WHITMIRE: Actually, you've got a really good product in a great location.
MR. LYLES: A wonderful location.
REPRESENTATIVE WHITMIRE: You've got 48 -- over 48 percent of your students willing to pay $23,000 to come to the school. I mean, obviously, it's a real enticement.
MR. LYLES: Yes. It's a bargain. You know, we have a lot of people. And Senator Alexander can tell you, in Oconee County --
REPRESENTATIVE WHITMIRE: Yes, sir.
MR. LYLES: -- we have a ton of folks go around Lake Keowee and think they've died and gone to heaven because of prices and the beauty. And, you know, we offer the same thing at Coastal with the ocean and the -- we have a lot of pluses. The State has a lot of pluses.
REPRESENTATIVE WHITMIRE: I'm glad you weren't open when I was in school, because I would have gone there, and I probably would have flunked out after one year.
CHAIRMAN SENATOR PEELER: If there are no other question or comments, Senator Alexander, we'll move this motion as a favorable report.
Is there a second?
A second is heard.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed, no; and the ayes have it.
Thank you, sir.
MR. LYLES: Thank you.
SENATOR ALEXANDER: Good to see you again.
MR. LYLES: Good to see you too.
CHAIRMAN SENATOR PEELER: Mr. Mullen is here, Mr. George Mullen. I'd like to call him up. 1st Congressional Seat 1.
Good afternoon, sir.
MR. MULLEN: Good afternoon.
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. MULLEN: I do.
CHAIRMAN SENATOR PEELER: For the record, if you would state your full name.
MR. MULLEN: George Edward Mullen from Hilton Head.
CHAIRMAN SENATOR PEELER: Very good.
Would you like to make a brief statement on why you'd like to continue to serve on the board?
MR. MULLEN: Yes, sir. I've had the pleasure of being on Coastal's Board for the past two years. I became extremely interested in the school when my son started in a special program three years ago. I have had the opportunity these past two years to be, obviously, much more involved.
The atmosphere at the university makes it an exciting time to be at Coastal. It's a place of tremendous growth. You can see the excitement, not only in the administration, but in the students that I've gotten to know a number of.
I believe I've got certain abilities that I can add to it, particularly the fact that we're going through a growth time right now, a substantial amount of new construction on the campus. I have -- and my background is in construction litigation. That's all I've done for like the past 35 years. So I have a good feel for that aspect of the strategic planning from a construction standpoint, the construction that's going on, and I've been able to add to the board and my knowledge on those areas.
As I said, these times you find right now in higher education, you can't pick up the paper today without reading about issues, whether they be Sweet Briar College in Virginia closing up in two weeks or even closer to home, issues that we have with some of our schools. We have been fortunate at Coastal that we have not seen those issues. We have a steady growth in students wanting to come to our school.
It's critical that we remain relevant to what those kids need. It's critical that we do all this within a balanced-budget format. Our administration is committed to that. I know that our board that I've worked with is committed to supporting the administration in that.
I would certainly like the opportunity to be able to continue.
CHAIRMAN SENATOR PEELER: Okay. Questions or comments for Mr. Mullen?
Senator Hayes.
SENATOR HAYES: You've been on the board a couple of years. Do you see any areas that Coastal needs to work on?
MR. MULLEN: Well, the two areas that I addressed to this same group two years ago, that has improved, but it still needs more improvement. The first is the retention of freshmen students. When I came on board two years ago, our retention rate was 60 percent. Today it is 67 percent. Although it's better, it's still not good enough.
Our administration has a short-term goal of reaching 72 percent, which I find to be still inadequate. If you look at other typical schools of our peers, the College of Charleston, Winthrop, they're in the 80 percent retention rate, and we need to get our freshmen retention rate up to there.
Equally important, though, is our graduation rate. For some reason, our Government decides to judge graduation rates on a six-year basis, although my own son says he wishes to be on the five-year program himself. There's fairly a lot of people like that, but on a six-year graduation rate, our graduation rate is something like 46 and one-half percent, which I find to be woefully inadequate.
I mean, we're bringing kids to the school to teach them and to put them out into the real word to where they can become employed in meaningful jobs. To do this, we need to complete the task of not only getting them to the school, but getting them to graduate.
The administration has been actively addressing both of these issues. We have an initiative, which is basically a consumer-oriented -- it's called "Feel the Teal Initiative," where we're trying to become responsive to our clients. The students and their family are the clients of the university and made a significant effort to address that.
We've addressed new issues of -- on perhaps marginal admitees of a summer programs to bring these kids in to where if they're able to pass a couple of courses through the summer, they get a full admittance and then they get resources to support them through the remainder of their time at school. Academic resources is an area that we're improving, which is to help with the retention and with the ultimate graduation rates.
And if we increase the retention, the percentage of graduates just naturally follows.
CHAIRMAN SENATOR PEELER: Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman.
On your time on the board -- and I appreciate your service -- how would you classify your attendance at your meetings and responsibilities?
MR. MULLEN: I missed one meeting. Last May the 9th meeting, my dad passed away two days earlier.
SENATOR ALEXANDER: I'm sorry about that. We certainly understand.
MR. MULLEN: That's the only time that I've --
SENATOR ALEXANDER: Sure.
MR. MULLEN: In fairness, to answer that question, we have a board meeting on the 7th and 8th, and my daughter graduates from Vanderbilt Law School on the morning of the 8th, and I'll be missing that meeting.
SENATOR ALEXANDER: And you better be there. Congratulations to her as well.
MR. MULLEN: Thank you.
SENATOR ALEXANDER: And we understand how things of that nature and family obligations do impact you.
MR. MULLEN: I do spend a great deal of time at the school, though. I was there Saturday for their win over Radford. I do enjoy going to the local events because my son is in, you know, special program. It's called the LIFE Program there.
I tend to go up most weekends. The LIFE Program is for kids -- my son has Down syndrome. So it's when kids are not in the ultimate degree-granting situation, but it gives them an opportunity to have the college experience and to learn job skills that, you know, will help them in life.
SENATOR ALEXANDER: Thank you, sir.
Thank you, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Any other questions or comments?
What's the desire of the Committee?
SENATOR HAYES: Favorable.
CHAIRMAN SENATOR PEELER: Motion is favorable, and a second is heard.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed, no; and the ayes have it.
Thank you, sir.
MR. MULLEN: Thank you, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Congratulations to your daughter.
MR. MULLEN: Thank you.
CHAIRMAN SENATOR PEELER: You're keeping it in the family, it looks like.
MR. MULLEN: I couldn't talk her out of it. I tried.
CHAIRMAN SENATOR PEELER: Next, we have Charles Lewis from Gaffney, 5th Congressional District.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. LEWIS: I do.
CHAIRMAN SENATOR PEELER: For the record, would you state your full name.
MR. LEWIS: My name is Charles Edward Lewis from Gaffney, South Carolina, and I would just like to thank each of you for having us here today so that we can tell you a little bit about our university.
CHAIRMAN SENATOR PEELER: All right. Well, give us a quick statement, and then we'll ask you some questions.
MR. LEWIS: Well, first of all, I found out about Coastal Carolina back in the late '80s. My daughter received a basketball scholarship to go there, and thank goodness she played basketball, tennis, and graduated in four years. She went to law school and is an attorney now. But we have been watching Coastal Carolina, my wife and I and family, all of the years and especially how it has grown and what it was like when she went there and what it is like today.
If you haven't been to Coastal Carolina University, you need to go and take a look at a beautiful campus with beautiful buildings, and not only that, beautiful students. I've been to a lot of college campuses, and I must say, they're the most polite and helpful students that you will find anywhere. And if you ask them a question, they don't say, "It's down there." They take you to it.
It's a wonderful atmosphere with wonderful leadership, and I encourage all of you to visit there.
CHAIRMAN SENATOR PEELER: Good.
I understand in your report here, you said, "The strength of the school is a web-based outreach."
Share with us. What's the success of that and just what is that?
MR. LEWIS: Senator Peeler, the web base is a course. Most college campuses now have any type of electronics that you want, but web based means that we're sending out information about the school across the United States and also other countries. We have students, of course in South Carolina, which represent about 50 percent and out of state about 48.
But the web-based thing reaches out to students, and that's a lot of the way that they learn about Coastal Carolina and what curriculums they offer, and they also learn about the great price of going to Coastal Carolina and not so bad being in Conway and very close to Myrtle Beach.
CHAIRMAN SENATOR PEELER: And very successful in your opinion?
MR. LEWIS: Very successful.
CHAIRMAN SENATOR PEELER: Okay. Any other questions or comments for Mr. Lewis?
Senator Hayes.
SENATOR HAYES: Have you been on the board before?
MR. LEWIS: I've been on there since June the 5th, 2013.
SENATOR HAYES: And in your time on the board, does anything need to be improved there?
MR. LEWIS: I really think Mr. Mullens pretty much covered some of the things that we're really trying to improve; and that is, retention and graduation rate. I will say we have great leadership at the university, not only through the president and the administration, but I also feel like we have great leadership on our board and a very active board.
I know, Senator Scott, you asked about coming from another state. I will say Coastal Carolina turns down no South Carolina student that meets its requirements. Right now our freshmen class, their SATs are a little over 1,000, and their GPAs in high school are coming in about 3.7 percent. But Coastal Carolina does not turn down any South Carolina students that meet requirements.
CHAIRMAN SENATOR PEELER: That's good to know.
Senator Scott.
SENATOR SCOTT: I just wonder if you just want to expand a little bit on that.
MR. LEWIS: Okay.
SENATOR SCOTT: It's really not the South Carolina students I'm really worried about. I'm worried about the schools adjacent to you in North Carolina. If they start taking your students, which with any nearby coastal kind of university, you most likely will be in competition with some because they change cost and allowing now South Carolina students to go into North Carolina. That's where my concern is.
I want to make sure we stay competitive and that you continue to have the kind of success that you're now familiar with and have had for so long.
MR. LEWIS: I think Coastal Carolina will definitely stay competitive, and Coastal Carolina, actually a couple of years ago, we went two years without even raising tuition. And we have a housing program now where we will not have to raise our housing costs for probably at least the next 10 to 15 years or longer.
SENATOR SCOTT: Thank you.
MR. LEWIS: Thank you.
CHAIRMAN SENATOR PEELER: Representative Whitmire.
REPRESENTATIVE WHITMIRE: Just one quick question.
MR. LEWIS: Yes, sir.
REPRESENTATIVE WHITMIRE: What's the name of your baseball coach; do you know?
CHAIRMAN SENATOR PEELER: Is it in the thing here?
MR. LEWIS: I just talked to him last week. I should. You caught me off guard. I don't know.
REPRESENTATIVE WHITMIRE: Is he happy at Coastal?
MR. LEWIS: He's is very happy. He's a Coastal graduate.
REPRESENTATIVE WHITMIRE: That's unfortunate.
MR. LEWIS: He is. He is.
I've been on the board for two years, and I did have the opportunity to meet him the other week when we were -- when we had a dedication for the baseball and softball fields. And he is very happy at Coastal Carolina, and please do not try to steal him.
CHAIRMAN SENATOR PEELER: Senator Alexander.
SENATOR ALEXANDER: Following up on that, with your football program, so are you getting a new stadium or just a new field?
MR. LEWIS: Just going from grass to an artificial turf.
SENATOR ALEXANDER: What color turf is that going to be?
MR. LEWIS: It's going to be teal, sir. I've got a picture of it if you'd like to see it.
SENATOR ALEXANDER: That's all right. Now, that's a color.
MR. LEWIS: That's -- yeah.
SENATOR ALEXANDER: Thank you.
MR. LEWIS: It has the Chanticleer logo right in the middle, and it's teal, but it looks very nice.
SENATOR ALEXANDER: And one final -- and then who's paying for that for you, please, sir? It's TD -- is it? Or is it the TD Bank Center? Did they pay for the new facility -- the fake grass --
MR. LEWIS: Well, they --
SENATOR ALEXANDER: -- or are they contributing towards it?
MR. LEWIS: They are contributing towards that, yes, sir.
SENATOR ALEXANDER: They've got your name -- they've got their name on the outside of it, so they're --
MR. LEWIS: Well, it's still Brooks Stadium.
SENATOR ALEXANDER: Brooks Stadium, but --
MR. LEWIS: It's still Brooks Stadium.
SENATOR ALEXANDER: Y'all didn't let them put their name on the outside for nothing.
MR. LEWIS: No, sir, we didn't. They made a nice contribution.
CHAIRMAN SENATOR PEELER: One of the assets Mr. Lewis brings with him is he hangs around rich people. He's retired from Hamrick's in Gaffney, and now he's there at Coastal Carolina. His daddy said to never marry for money. Just hang around rich people and fall in love.
Well, I'll tell you what. As chairman, I'll take the privilege of nominating Chuck Lewis and recommending a favorable report.
SENATOR ALEXANDER: Second.
CHAIRMAN SENATOR PEELER: All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed no; and the ayes have it. Thank you, Chuck. Good to --
MR. LEWIS: Thank you very much. I appreciate it.
REPRESENTATIVE HENDERSON: Mr. Chairman, I was going to ask him if he spoke Gaffnese.
CHAIRMAN SENATOR PEELER: He does speak Gaffnese.
Now we'll have Gene Spivey, Myrtle Beach, At-Large Seat 9.
How do you do, sir?
MR. SPIVEY: Good.
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. SPIVEY: I do.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement on why you'd like to continue to serve on the board?
MR. SPIVEY: Brief.
As a Coastal graduate, I'd just like to -- I've been on the board for ten, twelve years now. I'll just keep doing -- keep on doing what we're doing.
CHAIRMAN SENATOR PEELER: If it ain't broke, don't fix it, right?
MR. SPIVEY: Yes, sir.
CHAIRMAN SENATOR PEELER: Any questions or comments?
Senator Alexander.
SENATOR ALEXANDER: Thank you, and good afternoon. Good to see you. Thank you for your service.
Could you characterize for me your attendance and your involvement as a board member, please, sir.
MR. SPIVEY: When you asked the question to the previous candidate, I'm trying to think when was the last time I missed a meeting. I don't miss many, if I've missed any at all. A couple, if I'm -- just like Mr. Mullens said a little while ago, I'm on campus probably at least every other week or so, if nothing else. The last week or so when I -- and my office is in Conway, and I go back and forth. I live at the beach.
SENATOR ALEXANDER: You're right there at the back door, aren't you?
MR. SPIVEY: I cut through campus just to go -- lately I'm just going and cutting through to look at our new teal football field, just to watch the installation process, and I just ride through campus and head on back to the beach. So I'm on campus fairly regular.
SENATOR ALEXANDER: Thank you, sir.
CHAIRMAN SENATOR PEELER: Any other questions or comments for Mr. Spivey?
Motion is a favorable report.
A second.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed, no; and the ayes have it.
There's an advantage of coming towards the end.
MR. SPIVEY: I had all those other questions ready to go too.
CHAIRMAN SENATOR PEELER: Next, we'll have William E. Turner from Simpsonville, At-Large Seat 11.
MR. TURNER: Thank you, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. TURNER: I do. Thank you.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement on why you'd like to continue to serve on the Coastal Carolina Board?
MR. TURNER: Yes, Mr. Chairman.
I actually prepared a statement, but you've already heard most of what I have written. So it's my pleasure to sit before you today.
Four years ago when I sat before this committee with a love for my alma mater, I didn't realize that that love could grow at all. However, over the last four years I can say that I love that university and the folks that make up this institution more today than I ever have before. And with your approval, I would like to continue the service and ride this waive of momentum that I feel Coastal is seeing today.
CHAIRMAN SENATOR PEELER: Okay.
Any questions?
Senator Hayes.
SENATOR HAYES: Having been on the board for one term, what do you see with the areas that need improvement?
MR. TURNER: Growing up in Conway, Senator, I've watched this institution grow from a very small parcel of land with just a few buildings to what we see today. Education to the public surrounding the campus, as well as the public through South Carolina, has been a challenge for us. For many, many, many years, we've been seen as the small community college in the small town of Conway, but Coastal Carolina is no longer that small community college. We're, what I'd like to call it, the hidden gem within the State of South Carolina.
So making the public understand that fact has been a challenge and will be a challenge for some time to come.
CHAIRMAN SENATOR PEELER: Representative Henderson.
REPRESENTATIVE HENDERSON: Thank you, Mr. Turner. I have the privilege of representing Mr. Turner in Greenville County, and I know that he does love this university, and I'm always glad to see alumni that want to come back. I know that it's not a short drive from up in our neck of the woods. It's a good five-hour drive, but I do appreciate your service.
And so I wanted to ask you, since you're chairman of the retention committee, a little bit about, you know, why it's been so low and what y'all are doing to get it up to where you think it should be.
MR. TURNER: That is an excellent question.
To speak to why it got to 59 percent a few years ago, I really don't have a solid answer for that; however, the initiatives that we've taken over the last three years to increase that rate from 59 percent to -- I believe it's 68 percent today, have been campus wide. We certainly had to educate all members of the faculty and staff as to the importance of our retention rate and make everyone understand that they all play a role in that.
Some of the initiatives that have taken place over the last few years are future learning outside of the classroom. We have initiatives that take place in student housing. We recognized a need to better our advisement of students.
We feel, as a board and as the administration at Coastal, that every student that succeeds at Coastal has to make connections somewhere. Whether that connection is with an administrator or a professor or a coach, the connection has to be made. So now that everyone understands the importance of the retention, keeping the students from going back to another state after their freshmen year is of the utmost importance. And as we will see, with the increase of our retention rate, our graduation rate will also increase over time as well.
CHAIRMAN SENATOR PEELER: Thank you.
REPRESENTATIVE HENDERSON: Favorable at the appropriate time.
CHAIRMAN SENATOR PEELER: We have a question from Representative Whitmire.
REPRESENTATIVE WHITMIRE: Thank you, Mr. Turner --
MR. TURNER: Thank you.
REPRESENTATIVE WHITMIRE: -- and your willingness to serve. I'm looking at a couple of questions.
First, on question four about do you think the current enrollment is on track? Please state why.
You say you feel like growth should be between 1 and 3 percent.
MR. TURNER: Yes, sir.
REPRESENTATIVE WHITMIRE: And you've got the infrastructure and workforce to support 12,500 students right now. Do you anticipate a projection long term, ten years or twenty years from now, of how many students you may have at Coastal?
MR. TURNER: We have a goal of 12,500 students by the year 2020. For that reason, we've been growing our infrastructure both with brick and mortar, as well as the electronic facets that go into that. Students have a greater demand for bandwidth today than they have ever had before. So we've invested considerable funds in making sure that they have the tools necessary to support that growth.
REPRESENTATIVE WHITMIRE: Okay. And my other question is on the next page as part of question five we're talking about the percentages --
MR. TURNER: Yes.
REPRESENTATIVE WHITMIRE: -- of out of state versus in state. And obviously, out of state is going to bring you a lot more money in, and I understand the economic factor, but that is a question that's come up time and time again in these hearings, not just your school but schools across the State. Are we serving the needs of the young people of this state first versus going out of state?
MR. TURNER: Yes, sir.
REPRESENTATIVE WHITMIRE: And would you care to comment on that?
MR. TURNER: I would.
Like has been stated before by Mr. Lewis and potentially others before I walked in the door, we will not deny admission to any in-state student that meets the minimum requirements. With that, we certainly want the in-state students to come to Coastal Carolina.
We recognize we have a unique challenge in this state with some very longstanding traditional institutions in Clemson and South Carolina, Furman and Wofford and others. We certainly want to compete with those institutions, so we make it a point to, obviously, set minimum requirements, but also to admit every student that meets those minimum requirements.
REPRESENTATIVE WHITMIRE: What are the minimum requirements?
MR. TURNER: Our minimum SAT score is, I want to say, 910; however, SAT scores and ACT scores are not the only factors we take into account when looking at a student's application. We certainly look at their class ranking. We look at their extracurricular activities. We look at their overall GPA as a student.
I have a daughter who's a phenomenal student, but she's not well into -- she doesn't do well on standardized tests. So fortunately, we do have other factors that we look at other than just the minimum testing scores.
REPRESENTATIVE WHITMIRE: Okay. Thank you.
CHAIRMAN SENATOR PEELER: Senator Scott.
SENATOR SCOTT: One question.
MR. TURNER: Yes, sir.
SENATOR SCOTT: You're $9,960 and in some places $10,000 a year -- $10,040. The $9,960, that's just tuition. What about for room and board and other costs? At the end of the day, what is an in-state student paying for all the costs associated with going, and also, what's an out-of-state student paying for the total package, if you have that?
MR. TURNER: Sure.
The room and board is going to average between -- I want to say it's about $8,800 to roughly $10,700 depending on the options they choose. And if I'm not mistaken, that figure is the same for in state and out of state.
SENATOR SCOTT: And the meal ticket is included in that?
MR. TURNER: Yes, sir.
SENATOR SCOTT: Okay. Thank you so much.
MR. TURNER: And as has been stated once before as well, with some initiatives that we're taking by the board and the administration, we should not see an increase in those housing rates for the next foreseeable future.
SENATOR SCOTT: Roughly $20,500.
MR. TURNER: Roughly $20,000 a year for an in-state student, yes, sir.
SENATOR SCOTT: Thank you so much.
CHAIRMAN SENATOR PEELER: Any questions or comments?
Representative Henderson already indicated a favorable report for her constituent.
A second is heard.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed, no; and the ayes have it.
MR. TURNER: Thank you very much, sir.
CHAIRMAN SENATOR PEELER: Now is Senator Turner your senator or is --
MR. TURNER: Senator Bright is my senator.
CHAIRMAN SENATOR PEELER: Okay.
MR. TURNER: Yes, sir.
CHAIRMAN SENATOR PEELER: I wondered if you were related to Senator Turner. I thought he was in Spartanburg.
CHAIRMAN SENATOR PEELER: Next, we have William S. Biggs from Anderson, At-Large Seat 13.
MR. BIGGS: Thank you, Senator.
CHAIRMAN SENATOR PEELER: Let me swear you.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. BIGGS: I do, Senator.
CHAIRMAN SENATOR PEELER: For the record, if you would give us your full name.
MR. BIGGS: William Sherman Biggs.
CHAIRMAN SENATOR PEELER: Good.
Do you have a brief statement?
MR. BIGGS: Yes, sir. Thank you very much.
It's been my privilege to serve for the past ten years on the board at Coastal Carolina. The last half of year I've been the vice chair of the board, but more important to me is the last four years I've watched my daughter as a student, grow as a person, to see her mature, and to see her enjoy her college life. This May I'll be the proud dad sitting up there and watching her walk across the stage.
She was just inducted into the National Honor Society. She is very involved in her sorority. And the only thing that really concerned me is when Coach Ellis talked her into being the manager on the men's basketball team and she started traveling with them. But she's enjoyed that experience also, even though I've lost a few hairs over it.
But it's -- I've seen the quality of education that's given at Coastal. I would like to say she was going to work, but she's decided to stay for her master's. And then she's informed me, after that, she wants to go to law school. And I'm like, "I'd like you to get a job one day."
But the quality of our professors, the quality of the administration we have, and I think the leadership of this board has made it where I can say that I'm proud my daughter is a Coastal Carolina alumni, and I want to continue that service. I want to see all the universities in this State perform.
As a business owner, I have about 2,000 employees in Maryland, South Carolina, and Alabama, and I look for quality leadership. In fact, I will be interviewing one of the gentlemen who will be graduating with a master's from Coastal to put in an administrator-in-training program with us. I want to be able to offer those opportunities to our bright young men and women who graduate from out universities. So I'd like to see that continue.
Thank you.
CHAIRMAN SENATOR PEELER: Thank you.
Questions or comments?
SENATOR ALEXANDER: Mr. Chairman.
CHAIRMAN SENATOR PEELER: Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman.
And certainly, first and foremost, I want to thank you for your service on Coastal's Board. But what you mean to our communities in the Upstate, you're a tremendous corporate citizen. I appreciate those efforts.
In those ten years you've been on the board, what is the biggest change that you've seen from that standpoint?
MR. BIGGS: Well, in ten years, it's been the growth that we've faced. And as we look at growth in the future, you know, yes, we're preparing for that growth with the new buildings, but a building is not worth anything without quality professors, without the people that make the difference, very much like in our nursing homes. It's the people, not the building, that gives the quality of care. Well, it's the professors, and we need to make sure we're recruiting top-notch professors, and we're not -- and with that, I think we'll see that retention rate grow.
You know, some of our retention, you know, in honesty, some kids can't get into -- let's use Clemson as an example. They'll come to Coastal and then transfer to Clemson the next year. That's not a bad thing, but we want to see them come to Coastal and say, "I would rather stay here."
SENATOR ALEXANDER: So it gets to that point -- if I could, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Sure.
SENATOR ALEXANDER: What you're saying, a lot of times with your rates, it's not that they're withdrawing from getting out of higher education. They're just going back to other institutions.
MR. BIGGS: To another university that they may not have qualified -- but --
SENATOR ALEXANDER: In state or out of state.
MR. BIGGS: In state or out. It Might have been a little higher than we were, but -- and then also, I think we need to see our alumni to continue to grow and get more involved. If you look at -- and using three universities in our State, Clemson, South Carolina, and Citadel -- huge alumni basis.
Those alumni bring in a lot of money to the university. Their children follow up. Our alumni basis -- our alumni program is working to keep that in our State, but we do not see our alumni taking the leadership roles back into universities that you do in those. But I think that's starting to happen, because now we're getting out and meeting our alumni in different places.
In fact, our president just came back from Iceland from meeting with -- it was unbelievable -- over 50 alumni there, and they invited him to come out and speak. And they're taking more interest in our university from another country.
SENATOR ALEXANDER: Mr. Chairman, if I could, one final question.
CHAIRMAN SENATOR PEELER: Certainly. Yes, certainly.
SENATOR ALEXANDER: Thank you, Mr. Chairman.
And in your service since the last screening, your participation percentagewise, meetings and things have been --
MR. BIGGS: I have missed one board meeting in that time. Again, a death in the family. My father-in-law passed away.
And I've missed one committee meeting through the need to be here for a meeting.
SENATOR ALEXANDER: Sure. Well, I understand that. So thank you.
It's good to see you today too.
MR. BIGGS: You too, sir.
SENATOR ALEXANDER: Thank you.
CHAIRMAN SENATOR PEELER: Any other questions or comments for Mr. Biggs?
SENATOR ALEXANDER: I'd move for favorable if this time is appropriate.
CHAIRMAN SENATOR PEELER: At the appropriate time I'll -- you say you've managed VA Nursing Homes.
MR. BIGGS: Yes, sir.
CHAIRMAN SENATOR PEELER: Define the "manage" part.
MR. BIGGS: In South Carolina, we have the two, two of the Veterans Nursing Homes, Richard Campbell in Anderson -- and I've been involved with that home since it really opened -- and the Veterans Victory House in Walterboro. The State of South Carolina puts out an RSD for the management of those homes. We put in for that over 15 years ago and was granted the privilege of caring for those veterans.
I am a veteran myself. My dad was a World War II veteran. So to me, it's a privilege and an honor to get to care for those men and women who gave so much to this country.
But we also manage the Maryland Veterans Home in Charlotte Hall, and we manage the four veterans homes for the state of Alabama.
CHAIRMAN SENATOR PEELER: So that means that they just hand you the keys and you take care of everything from --
MR. BIGGS: We take over and do everything --
CHAIRMAN SENATOR PEELER: -- janitorial --
MR. BIGGS: Hiring, cleaning, cooking.
Yes, sir.
CHAIRMAN SENATOR PEELER: Good.
You've been on this board for nine years, and I personally feel like it helps the university, but are you tracking the success -- I know we kind of had some humor about the baseball coach and all the basketball and football. The success of the Chanticleers on the athletic --
MR. BIGGS: Yes, sir, I do. I was -- you know, like many of us, I think about -- I look back. I'm a whole lot better athlete today than I was when I played. But I love college athletics.
Whether -- you know, at Coastal, with my daughter on the team, I've traveled to most of their basketball games. I was in Omaha for the NCAA Tournament.
Gary Gilmore has done a great job. We're glad that Auburn didn't get him and Tennessee didn't get him. They both tried. But the success that we've had there, we've been ranked as high as 19th in the country this year.
Football -- you know, when you really look at Coastal's football, 12 years in and seven Big South Championships. I think if you ask any university, in starting a program, if they could have that success, would they take it, and they would sign up all day long. But, you know, athletics is part of the college life. For the students, it brings them back in.
But what this has done by our baseball team making the Super Regionals, our basketball going to the NCAA two years in a row, our football team making it to the final eight, soccer making it into the tournament every year, women's golf just won the Big South, those type things are what -- you know, so many people look at a university because the only place they'll see them is on TV, and it gives us the recognition throughout the country that helps us grow and makes students interested. They see Myrtle Beach.
We hosted the Big South Basketball Tournament. Myrtle Beach has been all over ESPN for three years. And yes, they're showing our facilities, but when they go to commercials, they're showing Myrtle Beach. They're showing what we have to offer to everyone on this coast that come here to vacation, and it also draws students to us.
CHAIRMAN SENATOR PEELER: Kind of like it's paying off --
MR. BIGGS: Yes, sir.
CHAIRMAN SENATOR PEELER: Okay. Motion is a favorable report.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed, no; and the ayes have it.
MR. BIGGS: Thank you very much. Senator, it's good to see you.
CHAIRMAN SENATOR PEELER: Great job.
CHAIRMAN SENATOR PEELER: Natasha Hanna from Conway, 7th Congressional Seat.
Good afternoon.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MS. HANNA: Yes, sir, I do.
CHAIRMAN SENATOR PEELER: For the record, would you give us your full name.
MS. HANNA: Yes. Natasha Hanna.
CHAIRMAN SENATOR PEELER: Okay. Would you like to make a brief statement?
MS. HANNA: I'd love to.
My name is Natasha Hanna, and I have been on the board of trustees at Coastal for five years now. I started in 2009.
I'm a graduate. My husband's a graduate. We live near the university. We're very involved in the university.
I have two kids, and we can also be seen at sporting events or cultural events or just riding our bikes around campus. And I'm very involved in the university. I love to talk about my school.
And I was thinking as I was coming up here, the bad thing about going last is my friends behind me have already taken all the brilliant answers. So you hopefully will have something to ask and want me to answer any questions or talk about my school.
CHAIRMAN SENATOR PEELER: Well, the pressure is on this side to come up with a brilliant question.
And for the brilliant question, who wants to ask it?
SENATOR ALEXANDER: You're doing good, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Do you want to tell us the pink sweater story again? I remember that the last time you were here.
MS. HANNA: Every time I come up here, I have to talk about the pink sweater. Senator Knotts, he's given me a good hard time about that.
When I was 17 and my best friend and I got in an argument after --
CHAIRMAN SENATOR PEELER: I was just teasing. You really don't have to.
MS. HANNA: It wouldn't be traditional unless I had --
CHAIRMAN SENATOR PEELER: Okay. Share it with us. Sorry I interrupted you.
MS. HANNA: No, no, no. It really doesn't get much better than that. We had a good dispute, and I get to talk about it 20 years later.
CHAIRMAN SENATOR PEELER: You're with the university -- or State Committee on the Higher Education Commission. Do you still serve on that?
MS. HANNA: I actually got replaced just last month. I served as a commissioner on CHE for four years and loved every minute of it, despite some of the negative things I've been reading lately in the news. I loved it.
CHAIRMAN SENATOR PEELER: Well, that leads into my question. There was a suggestion to eliminate the CHE. What do you think about that?
MS. HANNA: I think one of two things needs to happen. It either needs to be eliminated, or it needs to be empowered with more authority.
I loved CHE, and CHE does a wonderful thing. I kind of thought of ourselves as the policeman that sits on the side of the road, and you're late to work, but you know that policeman is sitting there, so you slow down and make sure you do the speed limit. That's what CHE is. That's how they serve.
We oversee institutions, but I don't think they have a lot of authority and power. CHE doesn't have the ability to go tell a university that they're beyond their budget or they're financially weak. So I think it either -- I really don't think it needs to be disbanded. I think there's other things that can be done.
I had the opportunity to go with our president and our lobbyist and another board member to study the schools in Virginia, and they have a wonderful relationship with their legislature. And I think we ought to look at Virginia and see how our sister states do it and follow what they do to get at new life in the CHE.
CHAIRMAN SENATOR PEELER: Questions or comments?
Senator Scott.
SENATOR SCOTT: Given the present environment of what's going on with schools across the country, especially in South Carolina, do you foresee CHE being that clearinghouse with budget, as well as for other formal requests for school construction or additional curriculum for the survival of these schools? Because most of these schools come with different missions and satisfy a lot of different things in the State.
What's kind of your vision?
MS. HANNA: I think what you're talking about is more of a Board of Regents, and I'm not a fan of the Board of Regents, because I think that the control needs to say at the institutional level. I mean, my trustees, they -- we all do a great job, and we take our job very seriously. I shouldn't say "my trustees." My colleagues here.
We take our job really seriously. We focus. We ask questions. We know what's going on in our institution, where I think as a Board of Regents, it takes that control to a much higher level, and I think there's too much of a disconnect between the Board of Regents and the local institutions.
One thing I've seen that I really like in the last four years is the collaboration between the institutions. I think in South Carolina we need to stop being so competitive. Clemson has a role and USC has a role, Coastal has a role. We need to stop being so competitive, and we need more collaboration with our technical colleges.
And that's the one thing I've seen in four years that has just soared, the collaboration between the institutions and the technical colleges.
So to answer your question, I don't like a Board of Regents. I think the control needs to stay at a local level.
SENATOR SCOTT: I'll have to agree with you on that. We have taken a look at it, and part of the study shows that even the Board of Regents, in terms of financing these institutions per student cost, I think North Carolina -- University of North Carolina at Chapel Hill, they receive $15,700 a student. A&T receives $8,700. So there's still some real issues when it comes down to funding these colleges and universities.
Thank you for your answer.
MS. HANNA: Thank you.
And that's something else that we talked about at our board meetings, and we would love for the legislature -- I mean, we're blessed at Coastal. We know that we don't have the same negative things that other schools in our State have to worry about. Being on CHE, I can see the problems that Lander may have or Francis Marion may have as far as getting students there, but we still need state funding.
And we would love to see the day where we can look at a student and say, "If you come to our school, you're worth just as much as if you go to Clemson or you go to Francis Marion."
We would love it if the State would treat every incoming student, regardless of school they go to, as an equal.
SENATOR SCOTT: So in essence, you're talking about really changing the formula.
MS. HANNA: Yes, sir.
SENATOR SCOTT: Thank you.
MS. HANNA: Thank you, sir.
CHAIRMAN SENATOR PEELER: Any other questions or comments?
Senator Alexander.
SENATOR ALEXANDER: And good afternoon. I see and appreciate the answers.
And obviously where you live there, I'm sure you're heavily engaged in the board, but just for the record of being consistent as far as your involvement and attendance at board meetings and different things, could you characterize that for me, please.
MS. HANNA: Yes, sir, I'd be glad to.
I actually looked that up. There was a discussion several months ago. I'm glad you asked me that.
Over the five years, I think we have been called to approximately 55 formal meetings, and of those 55, I missed four-and-a-half days. And some of those four-and-a-half days, one, I had surgery done at USC. Another one, I was across campus at another architectural committee meeting. And I don't remember the other couple of meetings.
SENATOR ALEXANDER: I see. That's a good record.
MS. HANNA: Thank you.
SENATOR ALEXANDER: Thank you.
MS. HANNA: Thank you.
SENATOR ALEXANDER: Good.
CHAIRMAN SENATOR PEELER: Representive Henderson.
REPRESENTATIVE HENDERSON: Thank you.
Thank you for your service.
I want to follow-up on your comment you just made and make sure I understood that right.
So you were talking about the state's commitment financially to different institutions of higher education, and I might have heard it wrong, so you tell me if I heard it wrong. But you basically said that your hope and wish is that the State would treat all of the institutions the same so that when a student came, they could offer them the same thing. So I'm trying to understood what you meant by that.
MS. HANNA: Yes, ma'am.
What I mean by that is clearly -- and I hate to use specific schools, but one school may get 20 percent and Coastal may get 8 percent of their budget. What I would like to see one day is something more closer to say, okay, if you are a student in South Carolina, $8,000 is going to be devoted to you. So if you took $100,000 -- I'm having a hard time explaining it.
If -- every student should be worth the same amount. Whatever the state gives should be given to each institution.
REPRESENTATIVE HENDERSON: Costs that we have in secondary education.
MS. HANNA: Yes.
REPRESENTATIVE HENDERSON: I thought you were trying to say that the scholarship monies were different --
MS. HANNA: Oh, no, no, no, no, no.
REPRESENTATIVE HENDERSON: -- and the funding is the same.
MS. HANNA: No, I'm talking about the state money. Yes, ma'am, the state money that's given to each school --
REPRESENTATIVE HENDERSON: Right.
MS. HANNA: -- that if we have 100 students and you give us the same amount as you would any other institution. And I realize there's no perfect formula. That truly wouldn't work in essence if it's -- it might cost more to do renovations at the Citadel than it would at Coastal.
REPRESENTATIVE HENDERSON: Yes.
MS. HANNA: So I understand that the formula may not work perfectly, but it sure would be nice to have a little extra cap.
REPRESENTATIVE HENDERSON: One other, if you don't mind.
CHAIRMAN SENATOR PEELER: Sure.
REPRESENTATIVE HENDERSON: One other CHE question I want to ask you.
So have you -- when you were on CHE, did y'all ever discuss the issue of for-profit universities? And I'm curious because it's kind of a national conversation that's happening in a lot of states, and I'm just curious what your view is.
MS. HANNA: I wish we had an hour to talk about for-profits. That is --
CHAIRMAN SENATOR PEELER: We don't.
MS. HANNA: That is something that is not okay with me. I saw many, many, many for-profit institutions come through, and it's unfortunate that they don't have to follow the same criteria that our in-state institutions do, yet they come here. They market our students. They have these beautiful TV ads.
"Come on in. We'll hug you. We'll give you a cup of coffee. And for $27,000, you can get the same degree that you can get for free at Horry-Georgetown or our Trident Technical Colleges."
So yes, we had many conversations about the for-profit institutions.
REPRESENTATIVE HENDERSON: Thank you.
CHAIRMAN SENATOR PEELER: Okay.
REPRESENTATIVE HENDERSON: I won't ask any more.
CHAIRMAN SENATOR PEELER: Oh, no, you can.
Other questions or comments?
Motion is a favorable report.
Is there a second?
A second is heard.
All in favor say aye.
ALL MEMBERS: Aye.
CHAIRMAN SENATOR PEELER: Opposed, no; and the ayes have it.
Thank you so very much for your willingness to serve.
Thank you for the great job you all are doing.
That concludes our agenda, and I appreciate your attendance and your participation. We'll stand adjourned.
(The screenings concluded at approximately 2:22 p.m.)
Received as information.
Document No. 4475
Agency: Department of Employment and Workforce
Statutory Authority: 1976 Code Sections 41-29-110 and 41-31-45(C)
Unemployment Trust Fund
Received by Speaker of the House of Representatives February 3, 2015
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 3, 2015
Document No. 4546
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-11-10, 50-11-96, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-520, 50-11-530, 50-11-854, 50-11-2200, and 50-11-2210
Wildlife Management Area Regulations; Turkey Hunting Rules and Seasons; and Either-sex Days and Antlerless Deer Limits for Private Lands in Game Zones 1-6
Received by Speaker of the House of Representatives February 2, 2015
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration June 2, 2015
Revised: June 4, 2015
Document No. 4540
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-61-30 and 44-78-65
Emergency Medical Services
Received by Speaker of the House of Representatives March 24, 2015
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration: Permanently Withdrawn
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
S. 211 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 56-2-105(E) OF THE 1976 CODE, SO AS TO ALLOW POLITICAL SUBDIVISIONS TO CREATE SEPARATE GOLF CART PATHS ON STREETS AND ROADS WITHIN THE JURISDICTION OF THE POLITICAL SUBDIVISION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4188 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO HONOR RAYMOND PAUL HALCOTT BYNOE, M.D., FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A PHYSICIAN, TO COMMEND HIS COMMITMENT TO QUALITY HEALTHCARE IN COLUMBIA AND THE SURROUNDING COMMUNITIES, AND TO PROCLAIM TUESDAY, MAY 26, 2015, AS DR. RAYMOND PAUL HALCOTT BYNOE DAY IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4189 (Word version) -- Reps. G. M. Smith, Weeks, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SUMTER PACKAGING CORPORATION AND TO CONGRATULATE THE COMPANY'S EXECUTIVES AND EMPLOYEES FOR RECEIVING THE
NATIONAL TECHNOLOGIST OF THE YEAR AWARD FOR THE PULP AND PAPER INDUSTRY.
The Resolution was adopted.
The following was introduced:
H. 4190 (Word version) -- Reps. G. M. Smith, Weeks, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CELEBRATE THE THOMAS SUMTER ACADEMY GIRLS SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR THEIR STELLAR SEASON AND TO CONGRATULATE THEM ON CAPTURING THE 2015 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) CLASS AAA STATE CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 4191 (Word version) -- Reps. G. M. Smith, Weeks, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF HENRY BYNUM OF SUMTER AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4192 (Word version) -- Reps. G. M. Smith and Weeks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE THOMAS SUMTER ACADEMY GIRLS SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2015 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP.
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 Thomas Sumter Academy girls softball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2015 South Carolina Independent School Association Class AAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 4193 (Word version) -- Reps. G. M. Smith, Weeks, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WILSON HALL VARSITY BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2015 CLASS AAA SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4194 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF CORRECTIONS NAME THE INMATE CEMETERY LOCATED ON ITS BROAD RIVER ROAD PROPERTY IN RICHLAND COUNTY "PAUL ISAIAH WELDON CEMETERY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 782 (Word version) -- Senator Sabb: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOLLIE E. COOPER, JR., MEMBER OF THE SANTEE ELECTRIC COOPERATIVE INC. BOARD OF TRUSTEES, UPON THE OCCASION OF HIS RETIREMENT FROM THE BOARD AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 783 (Word version) -- Senator Coleman: A CONCURRENT RESOLUTION TO CONGRATULATE COACH JOE PITT, ATHLETIC DIRECTOR AND HEAD BASKETBALL COACH OF RICHARD WINN ACADEMY, UPON THE OCCASION OF HIS INDUCTION INTO THE SOUTH CAROLINA BASKETBALL COACHES ASSOCIATION'S HALL OF FAME.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4195 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 59-121-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF VISITORS OF THE CITADEL, SECTION 59-121-20, RELATING TO THE TERMS OF THE BOARD MEMBERS, AND SECTION 59-121-30, RELATING TO ELECTIONS OF THE BOARD MEMBERS, ALL SO AS TO CHANGE REFERENCES TO THE "ASSOCIATION OF THE CITADEL MEN" TO THE "CITADEL ALUMNI ASSOCIATION".
Referred to Committee on Judiciary
H. 4196 (Word version) -- Rep. Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-83 SO AS TO PERMIT A COUNTY GOVERNING BODY BY ORDINANCE, SUBJECT TO CERTAIN REQUIREMENTS INCLUDING CONSENT AND REFERENDUM REQUIREMENTS, TO DISSOLVE A SPECIAL PURPOSE DISTRICT CREATED BY AN ACT OF THE GENERAL ASSEMBLY AND WHOLLY CONTAINED WITHIN THE BOUNDARIES OF THAT COUNTY REGARDLESS OF WHEN THE SPECIAL PURPOSE DISTRICT WAS ESTABLISHED.
Referred to Committee on Judiciary
H. 4197 (Word version) -- Reps. Sandifer, Hiott and Gagnon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 64 SO AS TO ENACT THE "SOUTH CAROLINA EMPLOYEE INJURY BENEFIT PLAN ALTERNATIVE", TO DEFINE NECESSARY TERMS, TO AUTHORIZE NEW FORMS OF INSURANCE COVERAGE AND EXEMPTION FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, TO PROVIDE CERTAIN NOTICE REQUIREMENTS, TO REQUIRE PAYMENT OF CERTAIN FEES, TO PROVIDE FOR THE COLLECTION AND MAINTENANCE OF CERTAIN INFORMATION, TO PROSCRIBE CERTAIN RULES AND FORMS, TO PROVIDE CIRCUMSTANCES FOR THE ADOPTION OF CERTAIN INSURED OR SELF-FUNDED BENEFIT PLANS, TO PROVIDE REQUIREMENTS FOR CERTAIN BENEFIT PLANS, TO PROVIDE APPLICABILITY OF CERTAIN STANDARDS, TO AUTHORIZE CERTAIN LUMP SUM PAYMENTS, TO AUTHORIZE CERTAIN SETTLEMENT AGREEMENTS AND SPECIFY CONDITIONS AND LIMITATIONS; TO PROHIBIT CERTAIN FEES OR COSTS, TO REQUIRE THE PROVISION OF CERTAIN INFORMATION, TO PROVIDE QUALIFIED EMPLOYERS MAY INSURE OR SELF-FUND CERTAIN RISKS, TO PROVIDE EMPLOYERS SHALL SECURE COMPENSATION IN SPECIFIED WAYS, TO PROVIDE CERTAIN SETTLEMENT AGREEMENTS, TO PROVIDE CERTAIN FINANCIAL SECURITY REQUIREMENTS, TO HOLD CERTAIN INSURANCE AGENTS AND BROKERS HARMLESS FOR CERTAIN ACTIONS, TO PROVIDE FOR CERTAIN FUNDS AND THE PURPOSE OF THOSE FUNDS, TO PROVIDE FOR THE DEPOSIT OF CERTAIN PREMIUM TAXES, TO REQUIRE PAYMENT AND COLLECTION OF CERTAIN FEES, TO PROVIDE FOR THE DETERMINATION OF CERTAIN ASSESSMENTS, TO PROVIDE CERTAIN NOTICE REQUIREMENTS, TO PROVIDE FOR THE EXCLUSIVITY OF CERTAIN LIABILITIES AND REMEDIES, TO PROVIDE RELATED RESPONSIBILITIES OF CERTAIN EMPLOYERS, AND TO PROVIDE PLANS MUST CONTAIN CERTAIN RIGHTS, AMONG OTHER THINGS.
Referred to Committee on Labor, Commerce and Industry
S. 739 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ATHLETIC TRAINERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4496, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Regulations and Administrative Procedures
The roll call of the House of Representatives was taken resulting as follows:
Allison Anderson Anthony Atwater Bales Ballentine Bannister Bernstein Bingham Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Jefferson Johnson Jordan King Kirby Limehouse Lucas Mack McEachern McKnight W. J. McLeod D. C. Moss Nanney Newton Norrell Ott Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper Williams Willis Yow
I came in after the roll call and was present for the Session on Tuesday, May 19.
Terry Alexander Justin Bamberg William Bowers Heather Crawford Wendell Gilliard Chip Huggins Ralph Kennedy Dwight Loftis Shannon Erickson Phillip Lowe Peter McCoy, Jr. Mia S. McLeod Harold Mitchell V. Stephen Moss Joseph Neal Anne Parks Richard "Rick" Quinn Leon Stavrinakis Brian White Jenny Horne Patsy Knight
The SPEAKER granted Rep. MURPHY a leave of absence for the day.
The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. WHITMIRE a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. MERRILL a temporary leave of absence.
Announcement was made that Dr. Alexander Ramsay of Charleston was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 3716 (Word version)
Date: ADD:
05/19/15 CHUMLEY, BURNS and LOFTIS
Bill Number: H. 3514 (Word version)
Date: ADD:
05/19/15 RUTHERFORD
The following Bill was taken up:
H. 3878 (Word version) -- Reps. White, Pope, Clemmons, Duckworth, Goldfinch, Hardwick, Johnson, H. A. Crawford, George, Yow, Ryhal, Hardee, Hayes and Kirby: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.
Rep. GAMBRELL moved to adjourn debate on the Bill until Wednesday, May 20, which was agreed to.
The following Bill was taken up:
S. 268 (Word version) -- Senators L. Martin and Campsen: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF STATE GRAND JURIES, TO AMEND SECTION 14-7-1650, AS AMENDED, RELATING TO THE DUTIES AND OBLIGATIONS OF THE ATTORNEY GENERAL REGARDING THE STATE GRAND JURY SYSTEM, TO AMEND SECTION 14-7-1660, AS AMENDED, RELATING TO THE SELECTION OF GRAND JURORS, TO AMEND SECTION 14-7-1690, AS AMENDED, RELATING TO THE GRAND JURY'S AREAS OF INQUIRY AND RELATED PROCEDURES, TO AMEND SECTION 14-7-1720, AS AMENDED, RELATING TO SECRECY OF GRAND JURY PROCEEDINGS, AND TO AMEND SECTION 14-7-1730, AS AMENDED, RELATING TO JURISDICTION OF PRESIDING JUDGES OF STATE GRAND JURIES, ALL SO AS TO REVISE PROCEDURES REGARDING THE STATE GRAND JURY SYSTEM RELATING TO NOTIFICATION PROCEDURES WHEN A STATE GRAND JURY IS IMPANELED, COMMUNICATIONS BETWEEN THE PRESIDING JUDGE AND THE ATTORNEY GENERAL INCLUDING APPELLATE REVIEW OF A JUDGE'S REFUSAL TO IMPANEL A STATE GRAND JURY, AMONG OTHER THINGS, TO PROVIDE A PROCEDURE WHEN A CONFLICT OF INTEREST ARISES INVOLVING THE ATTORNEY GENERAL RELATED TO THE GRAND JURY PROCESS, TO PROVIDE PROCEDURES RELATED TO SECRECY OF CERTAIN GRAND JURY PROCEEDINGS, AND TO MAKE OTHER NECESSARY TECHNICAL CHANGES.
Rep. WEEKS moved to adjourn debate on the Bill until Wednesday, May 20, which was agreed to.
The following Bill was taken up:
S. 590 (Word version) -- Senators L. Martin and Hutto: A BILL TO AMEND SECTIONS 56-1-400(B) AND 56-5-2941(L), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IGNITION INTERLOCK DEVICES, SO AS TO PROVIDE THAT THE EMPLOYER'S VEHICLE WAIVER DOES NOT APPLY TO A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF SECTION 56-5-2930, 56-5-2933, 56-5-2945, OR A LAW OF ANOTHER STATE THAT PROHIBITS A PERSON FROM DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS, UNLESS THE PERSON'S DRIVING PRIVILEGES HAVE BEEN SUSPENDED FOR NOT LESS THAN ONE YEAR OR THE PERSON HAS HAD AN IGNITION INTERLOCK DEVICE INSTALLED FOR NOT LESS THAN ONE YEAR ON EACH OF THE MOTOR VEHICLES OWNED OR OPERATED, OR BOTH, BY THE PERSON; AND TO AMEND SECTION 29-5-2990(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR A VIOLATION OF SECTION 56-5-2930, 56-5-2933, OR A LAW OF ANOTHER STATE THAT PROHIBITS A PERSON FROM DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS, SO AS TO PROVIDE THAT ENTRY INTO AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM'S SERVICES, IF THE SERVICES ARE NECESSARY, IS A MANDATORY REQUIREMENT FOR THE ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 590 (COUNCIL\SWB\590C001.SWB.CM15), which was tabled:
Amend the bill, as and if amended, Section 56-5-2941, as contained in SECTION 4, by deleting SECTION 4 in its entirety and inserting:
/SECTION 4. Section 56-5-2941 of the 1976 Code as last amended by Act 158 of 2014, is further amended by adding an appropriately numbered subsection at the end to read:
"( ) This section shall apply retroactively to any person currently serving a suspension or denial of the issuance of a license or permit due to a suspension listed in subsection (A)." /
Renumber sections to conform.
Amend title to conform.
Rep. WEEKS moved to table the amendment, which was agreed to.
The Committee on Judiciary proposed the following Amendment No. 2 to S. 590 (COUNCIL\SWB\590C002.SWB.CM15), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety.
Amend the bill further by deleting SECTION 4 in its entirety and inserting:
/SECTION 4. Section 56-5-2941 of the 1976 Code as last amended by Act 158 of 2014, is further amended to read:
"(A) The Department of Motor Vehicles shall require a person who is a resident of this State and who is convicted of violating the provisions of Section 56-5-2930, 56-5-2933, 56-5-2945, 56-5-2947 except if the conviction was for Section 56-5-750, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, to have installed on any motor vehicle the person drives an ignition interlock device designed to prevent driving of the motor vehicle if the person has consumed alcoholic beverages. This section does not apply to a person convicted of a first offense violation of Section 56-5-2930 or 56-5-2933, unless the person submitted to a breath test pursuant to Section 56-5-2950 and had an alcohol concentration of fifteen one-hundredths of one percent or more. The department may waive the requirements of this section if the department determines that the person has a medical condition that makes the person incapable of properly operating the installed device. If the department grants a medical waiver, the department shall suspend the person's driver's license for the length of time that the person would have been required to hold an ignition interlock restricted license. The department may withdraw the waiver at any time that the department becomes aware that the person's medical condition has improved to the extent that the person has become capable of properly operating an installed device. The department also shall require a person who has enrolled in the Ignition Interlock Device Program in lieu of the remainder of a driver's license suspension or denial of the issuance of a driver's license or permit to have an ignition interlock device installed on any motor vehicle the person drives.
The length of time that a device is required to be affixed to a motor vehicle as set forth in Sections 56-1-286, 56-5-2945, 56-5-2947 except if the conviction was for Section 56-5-750, 56-5-2951, and 56-5-2990.
(B) Notwithstanding the pleadings, for purposes of a second or a subsequent offense, the specified length of time that a device is required to be affixed to a motor vehicle is based on the Department of Motor Vehicle's records for offenses pursuant to Section 56-1-286, 56-5-2930, 56-5-2933, 56-5-2945, 56-5-2947 except if the conviction was for Section 56-5-750, 56-5-2950, or 56-5-2951.
(C) If a resident of this State is convicted of violating a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, and, as a result of the conviction, the person is subject to an ignition interlock device requirement in the other state, the person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina, or for the length of time that is required by the other state, whichever is longer.
(D) If a person from another state becomes a resident of South Carolina while subject to an ignition interlock device requirement in another state, the person may only obtain a South Carolina driver's license if the person enrolls in the South Carolina Ignition Interlock Device Program pursuant to this section. The person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina, or for the length of time that is required by the other state, whichever is longer.
(E) The person must be subject to an Ignition Interlock Device Point System managed by the Department of Probation, Parole and Pardon Services. A person accumulating a total of:
(1) two points or more, but less than three points, must have the length of time that the device is required extended by two months;
(2) three points or more, but less than four points, must have the length of time that the device is required extended by four months, shall submit to a substance abuse assessment pursuant to Section 56-5-2990, and shall successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Should the person not complete the recommended plan, or not make progress toward completing the plan, the Department of Motor Vehicles shall suspend the person's ignition interlock restricted license until the plan is completed or progress is being made toward completing the plan;
(3) four points or more must have the person's ignition interlock restricted license suspended for a period of six months, shall submit to a substance abuse assessment pursuant to Section 56-5-2990, and successfully shall complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Should the person not complete the recommended plan or not make progress toward completing the plan, the Department of Motor Vehicles shall leave the person's ignition interlock restricted license in suspended status, or, if the license has already been reinstated following the six-month suspension, shall resuspend the person's ignition interlock restricted license until the plan is completed or progress is being made toward completing the plan. The Department of Alcohol and Other Drug Abuse Services is responsible for notifying the Department of Motor Vehicles of a person's completion and compliance with education and treatment programs. Upon reinstatement of driving privileges following the six-month suspension, the Department of Probation, Parole and Pardon Services shall reset the person's point total to zero points, and the person shall complete the remaining period of time on the ignition interlock device.
(F) The cost of the device must be borne by the person. However, if the person is indigent and cannot afford the cost of the device, the person may submit an affidavit of indigency to the Department of Probation, Parole and Pardon Services for a determination of indigency as it pertains to the cost of the device. The affidavit of indigency form must be made publicly accessible on the Department of Probation, Parole and Pardon Services' Internet website. If the Department of Probation, Parole and Pardon Services determines that the person is indigent as it pertains to the device, the Department of Probation, Parole and Pardon Services may authorize a device to be affixed to the motor vehicle and the cost of the initial installation and standard use of the device to be paid for by the Ignition Interlock Device Fund managed by the Department of Probation, Parole and Pardon Services. Funds remitted to the Department of Probation, Parole and Pardon Services for the Ignition Interlock Device Fund also may be used by the Department of Probation, Parole and Pardon Services to support the Ignition Interlock Device Program. For purposes of this section, a person is indigent if the person is financially unable to afford the cost of the ignition interlock device. In making a determination whether a person is indigent, all factors concerning the person's financial conditions should be considered including, but not limited to, income, debts, assets, number of dependents claimed for tax purposes, living expenses, and family situation. A presumption that the person is indigent is created if the person's net family income is less than or equal to the poverty guidelines established and revised annually by the United States Department of Health and Human Services published in the Federal Register. "Net income" means gross income minus deductions required by law. The determination of indigency is subject to periodic review at the discretion of the Department of Probation, Parole and Pardon Services.
(G) The ignition interlock service provider shall collect and remit monthly to the Ignition Interlock Device Fund a fee as determined by the Department of Probation, Parole and Pardon Services not to exceed thirty dollars per month for each month the person is required to drive a vehicle with a device. A service provider who fails to properly remit funds to the Ignition Interlock Device Fund may be decertified as a service provider by the Department of Probation, Parole and Pardon Services. If a service provider is decertified for failing to remit funds to the Ignition Interlock Device Fund, the cost for removal and replacement of a device must be borne by the service provider.
(H)(1) The person shall have the device inspected every sixty days to verify that the device is affixed to the motor vehicle and properly operating, and to allow for the preparation of an ignition interlock device inspection report by the service provider indicating the person's alcohol content at each attempt to start and running retest during each sixty-day period. Failure of the person to have the interlock device inspected every sixty days must result in one ignition interlock device point.
(2) Only a service provider authorized by the Department of Probation, Parole and Pardon Services to perform inspections on ignition interlock devices may conduct inspections. The service provider immediately shall report devices that fail inspection to the Department of Probation, Parole and Pardon Services. The report must contain the person's name, identify the vehicle upon which the failed device is installed, and the reason for the failed inspection.
(3) If the inspection report reflects that the person has failed to complete a running retest, the person must be assessed one ignition interlock device point.
(4) If any inspection report or any photographic images collected by the device shows that the person has violated subsection (M), (O), or (P) of this section, the person must be assessed one and one-half ignition interlock device points.
(5) The inspection report must indicate the person's alcohol content at each attempt to start and running retest during each sixty-day period. If the report reflects that the person violated a running retest by having an alcohol concentration of:
(a) two one-hundredths of one percent or more but less than four one-hundredths of one percent, the person must be assessed one-half ignition interlock device point;
(b) four one-hundredths of one percent or more but less than fifteen one-hundredths of one percent, the person must be assessed one ignition interlock device point; or
(c) fifteen one-hundredths of one percent or more, the person must be assessed two ignition interlock device points.
(5)(6) A person may appeal less than four ignition interlock device points received to an administrative hearing officer with the Department of Probation, Parole and Pardon Services through a process established by the Department of Probation, Parole and Pardon Services. The administrative hearing officer's decision on appeal is final and no appeal from such decision is allowed.
(I)(1) If a person's license is suspended due to the accumulation of four or more ignition interlock device points, the Department of Probation, Parole and Pardon Services must provide a notice of assessment of ignition interlock points which must advise the person of his right to request a contested case hearing before the Office of Motor Vehicle Hearings. The notice of assessment of ignition interlock points also must advise the person that, if he does not request a contested case hearing within thirty days of the issuance of the notice of assessment of ignition interlock points, he waives his right to the administrative hearing and the person's driver's license is suspended pursuant to Section 56-5-2941(E).
(2) The person may seek relief from the Department of Probation, Parole and Pardon Services' determination that a person's license is suspended due to the accumulation of four or more ignition interlock device points by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act. The filing of the request for a contested case hearing will stay the driver's license suspension pending the outcome of the hearing. However, the filing of the request for a contested case hearing will not stay the requirements of the person having the ignition interlock device.
(3) At the contested case hearing:
(a) the assessment of driver's license suspension can be upheld;
(b) the driver's license suspension can be overturned, or any or all of the contested ignition interlock points included in the device inspection report that results in the contested suspension can be overturned, and the penalties as specified pursuant to Section 56-5-2941(E) will then be imposed accordingly.
(4) A contested case hearing must be held after the request for the hearing is received by the Office of Motor Vehicle Hearings. Nothing in this section prohibits the introduction of evidence at the contested case hearing on the issue of the accuracy of the ignition interlock device. However, if the ignition interlock device is found to not be in working order due to failure of regular maintenance and upkeep by the person challenging the accumulation of ignition interlock points pursuant to the requirement of the ignition interlock program, such allegation cannot serve as a basis to overturn point accumulations.
(5) A written order must be issued by the Office of Motor Vehicle Hearings to all parties either reversing or upholding the assessment of ignition interlock points.
(6) A contested case hearing is governed by the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal does not stay the ignition interlock requirement.
(J) Five years from the date of the person's driver's license reinstatement and every five years thereafter, a fourth or subsequent offender whose license has been reinstated pursuant to Section 56-1-385 may apply to the Department of Probation, Parole and Pardon Services for removal of the ignition interlock device and the removal of the restriction from the person's driver's license. The Department of Probation, Parole and Pardon Services may, for good cause shown, notify the Department of Motor Vehicles that the person is eligible to have the restriction removed from the person's license.
(K)(1) Except as otherwise provided in this section, it is unlawful for a person who is subject to the provisions of this section to drive a motor vehicle that is not equipped with a properly operating, certified ignition interlock device. A person who violates this subsection:
(a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year. The person must have the length of time that the ignition interlock device is required extended by six months;
(b) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than five thousand dollars or imprisoned not more than three years. The person must have the length of time that the ignition interlock device is required extended by one year; and
(c) for a third or subsequent offense, is guilty of a felony, and, upon conviction, must be fined not less than ten thousand dollars or imprisoned not more than ten years. The person must have the length of time that the ignition interlock device is required extended by three years.
(2) No portion of the minimum sentence imposed pursuant to this subsection may be suspended.
(3) Notwithstanding any other provision of law, a first or second offense punishable pursuant to this subsection may be tried in summary court.
(L)(1) A person who is required in the course and scope of the person's employment to drive a motor vehicle owned by the person's employer may drive the employer's motor vehicle without installation of an ignition interlock device, provided that the person's use of the employer's motor vehicle is solely for the employer's business purposes.
(2) This subsection does not apply to:
(a) a person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, 56-5-2945, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, unless the person's driving privileges have been suspended for not less than one year or the person has had an ignition interlock device installed for not less than one year on each of the motor vehicles owned or operated, or both, by the person.
(b) a person who is self employed self-employed or to a person who is employed by a business owned in whole or in part by the person or a member of the person's household or immediate family unless during the defense of a criminal charge, the court finds that the vehicle's ownership by the business serves a legitimate business purpose and that titling and registration of the vehicle by the business was not done to circumvent the intent of this section.
(2)(3) Whenever the person operates the employer's vehicle pursuant to this subsection, the person shall have with the person a copy of the Department of Motor Vehicles' form specified by Section 56-1-400(B).
(3)(4) This subsection will be construed in parallel with the requirements of Section 56-1-400(B). A waiver issued pursuant to this subsection will be subject to the same review and revocation as described in Section 56-1-400(B).
(M) It is unlawful for a person to tamper with or disable, or attempt to tamper with or disable, an ignition interlock device installed on a motor vehicle pursuant to this section. Obstructing or obscuring the camera lens of an ignition interlock device constitutes tampering. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(N) It is unlawful for a person to knowingly rent, lease, or otherwise provide a person who is subject to this section with a motor vehicle without a properly operating, certified ignition interlock device. This subsection does not apply if the person began the lease contract period for the motor vehicle prior to the person's arrest for a first offense violation of Section 56-5-2930 or Section 56-5-2933. A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(O) It is unlawful for a person who is subject to the provisions of this section to solicit or request another person, or for a person to solicit or request another person on behalf of a person who is subject to the provisions of this section, to engage an ignition interlock device to start a motor vehicle with a device installed pursuant to this section or to conduct a running retest while the vehicle is in operation. A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(P) It is unlawful for another person on behalf of a person subject to the provisions of this section to engage an ignition interlock device to start a motor vehicle with a device installed pursuant to this section or to conduct a running retest while that vehicle is in operation. A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(Q) Only ignition interlock devices certified by the Department of Probation, Parole and Pardon Services may be used to fulfill the requirements of this section.
(1) The Department of Probation, Parole and Pardon Services shall certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time. All devices certified to be used in South Carolina must be set to prohibit the starting of a motor vehicle when an alcohol concentration of two one-hundredths of one percent or more is measured and all running retests must record violations of an alcohol concentration of two one-hundredths of one percent or more, and must capture a photographic image of the driver as the driver is operating the ignition interlock device. The photographic images recorded by the ignition interlock device may be used by the Department of Probation, Parole and Pardon Services to aid in the Department of Probation, Parole and Pardon Services' management of the Ignition Interlock Device Program; however, neither the Department of Probation, Parole and Pardon Services, the Department of Probation, Parole and Pardon Services' employees, nor any other political subdivision of this State may be held liable for any injury caused by a driver or other person who operates a motor vehicle after the use or attempted use of an ignition interlock device.
(2) The Department of Probation, Parole and Pardon Services shall maintain a current list of certified ignition interlock devices and manufacturers. The list must be updated at least quarterly. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. The cost for removal and replacement must be borne by the manufacturer of the noncertified device.
(3) Only ignition interlock installers certified by the Department of Probation, Parole and Pardon Services may install and service ignition interlock devices required pursuant to this section. The Department of Probation, Parole and Pardon Services shall maintain a current list of vendors that are certified to install the devices.
(R) In addition to availability under the Freedom of Information Act, any Department of Probation, Parole and Pardon Services policy concerning ignition interlock devices must be made publicly accessible on the Department of Probation, Parole and Pardon Services' Internet website. Information obtained by the Department of Probation, Parole and Pardon Services and ignition interlock service providers regarding a person's participation in the Ignition Interlock Device Program is to be used for internal purposes only and is not subject to the Freedom of Information Act. A person participating in the Ignition Interlock Device Program or the person's family member may request that the Department of Probation, Parole and Pardon Services provide the person or family member with information obtained by the department and ignition interlock service providers. The Department of Probation, Parole and Pardon Services may release the information to the person or family member at the department's discretion. The Department of Probation, Parole and Pardon Services and ignition interlock service providers must purge all photographic images collected by the device no later than twelve months from the date of the person's completion of the Ignition Interlock Device Program. The Department of Probation, Parole and Pardon Services may retain the images past twelve months if there are any pending appeals or contested case hearings involved with that person, and at their conclusion must purge the images. The Department of Probation, Parole and Pardon Services and ignition interlock service providers may retain must purge all personal information regarding a person's participation in the Ignition Interlock Device Program for a period not to exceed eighteen no later than twelve months from the date of the person's completion of the Ignition Interlock Device Program except for that information which is relevant for pending legal matters.
(S) The Department of Probation, Parole and Pardon Services shall develop policies including, but not limited to, the certification, use, maintenance, and operation of ignition interlock devices and the Ignition Interlock Device Fund.
(T) This section shall apply retroactively to any person currently serving a suspension or denial of the issuance of a license or permit due to a suspension listed in subsection (A)." /
Renumber sections to conform.
Amend title to conform.
Rep. WEEKS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Bannister Bernstein Bingham Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Funderburk Gagnon Gambrell Gilliard Goldfinch Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Jordan Kennedy Kirby Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Mitchell V. S. Moss Nanney Newton Norrell Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells White Williams Willis Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 133 (Word version) -- Senators Davis and Kimpson: A BILL TO AMEND SECTION 63-19-2050 OF THE 1976 CODE, RELATING TO RECORD DESTRUCTION OF JUVENILE RECORDS, TO PROVIDE FOR THE AUTOMATIC EXPUNGEMENT OF JUVENILE RECORDS FOR NON-VIOLENT CRIMES THAT OCCUR BEFORE THE AGE OF SIXTEEN YEARS OLD, TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE AUTOMATIC EXPUNGEMENT MAY OCCUR, AND TO PROVIDE FOR AN EXPUNGEMENT PROCESS FOR JUVENILE RECORDS RELATED TO CERTAIN CRIMES THAT OCCUR AT THE AGE OF SIXTEEN OR SEVENTEEN YEARS OLD.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 133 (COUNCIL\BH\133C001.BH.VR15):
Amend the bill, as and if amended, SECTION 2, page 3, by striking Section 63-19-2050(G) and inserting:
/ "(G) The judge, at the time of adjudication, shall notify the person of the person's ability to have the person's record expunged, the conditions that must be met, as well as the process for receiving an expungement in the particular jurisdiction pursuant to this section." /
Renumber sections to conform.
Amend title to conform.
Rep. WEEKS explained the amendment.
Rep. RUTHERFORD moved to adjourn debate on the Bill until Wednesday, May 20, which was agreed to.
The following Bill was taken up:
S. 78 (Word version) -- Senators Massey and Nicholson: A BILL TO AMEND ARTICLE 1, CHAPTER 59, TITLE 12 OF THE 1976 CODE, RELATING TO FORFEITED LANDS, BY ADDING SECTION 12-59-140, SO AS TO ENACT THE "FORFEITED LANDS EMERGENCY DEVELOPMENT ACT", AND TO PROVIDE FOR THE AUTHORITY OF COUNTY COUNCILS AND FORFEITED LAND COMMISSIONS TO PETITION LEGISLATIVE DELEGATIONS FOR THE USE OF THE SPECIAL AUTHORITIES PROVIDED IN THIS ACT.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 78 (COUNCIL\BBM\78C001.BBM.DG15), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be referred to and cited as the "Forfeited Lands Emergency Development Act".
SECTION 2. Article 1, Chapter 59, Title 12 of the 1976 Code is amended by adding:
"Section 12-59-140. (A) The county council, the forfeited land commission of a county, or the county legislative delegation may petition the Department of Revenue for authority to use the procedures provided for in this section when the number and percentage of subdivided properties in the county that have been bid into the commission have, and are reasonably continued to have:
(1) a significant adverse effect on county ad valorem tax collections that severely affect continued essential public services in the county; or
(2) a significant adverse effect on economic development and employment in the county resulting from the limited number of properties available for sale and improvement.
(B) The petition to the Department of Revenue must provide for:
(1) all necessary documentation to support the past and anticipated future adverse impacts, including historical data on the number and percentage of properties bid into the forfeited land commission;
(2) the loss of ad valorem tax revenues associated with these properties;
(3) the impact of any millage increases imposed by the county to compensate for such lost ad valorem tax revenues;
(4) the past and projected future impact on the ability of the county to deliver essential public services; and
(5) the past and projected future impact on county development and employment opportunities.
(C) If the Department of Revenue approves the petition, the county's forfeited land commission is authorized to utilize the emergency procedures contained in this section for a period not to exceed five years from the date of approval. This authorization may be extended for additional one-year increments, not to exceed two one-year extensions. Petitions for extensions must contain the same types of documentation specified in paragraph (B) of this section.
(D) Notwithstanding any other provision of law:
(1) The forfeited land commission of any county may, at its discretion, establish a revolving fund to pay for its legal and other expenses. This fund shall be established and maintained by the county treasurer from a portion of the proceeds of the sale of forfeited lands in an amount not exceeding fifty percent of the sale price of any forfeited land, in whole or in part. Legal and other expenses for which the funds may be expended may not include compensation to any members of the commission, but may include:
(a) compensation of a secretary to the commission in Section 12-59-20;
(b) payment of legal or other expenses in connection with the commission's decision to accept or reject a forfeited land to be held as an asset of the county;
(c) payment of legal or other expenses in connection with the commission's decision to obtain clear title to a forfeited land pursuant to Section 12-61-10;
(d) payment of a commission to a certified realtor or broker not to exceed three percent of the sales price of any forfeited land, in whole or in part; and
(e) the cost of advertising the sale of forfeited lands, including the cost of any multiple realty listing established or provided by commercial realtors or brokers.
(f) the cost of any clean up of a site, including demolition and disposal costs, intended to make the property salable.
(2) The acquisition of clear title to forfeited lands shall be considered an industrial or commercial development project under Chapter 29, Title 4, for which a county council may issue special revenue bonds for the purpose of initial funding of revolving funds under this section. Payment of the principal and interest for such bonds may be made from the proceeds of the sale of the forfeited lands.
(3) The forfeited land commission of a county that has established a revolving fund under this section shall dissolve or reduce the amount of funds held by the county treasurer in the fund when it is no longer required for the timely and effective marketing and sale of forfeited lands or the expiration of the authorization of the county's legislative delegation, whichever occurs first. The released funds will be deposited into the general fund of the county not later than thirty days from the date of decision by the commission or the date of the expiration of the authorization and, if necessary, may be used to complete any payment of principal and interest remaining from the sale of any special revenue bonds used for the initial establishment of the revolving fund.
(4) The authorized representative of a forfeited land commission that elects to clear tax titles under Section 12-61-10 may bring multiple actions to the court of common pleas in a single suit, if all of the properties included in the suit were previously owned by a single, individual, partnership, or corporation.
(5) The payment of the expenses of forfeited land commissions exercising authority under this section shall include the collection of its expenses as a part of the sale price of forfeited lands by former owners under Section 12-59-60 and the disposition of the proceeds of land sales under Section 12-59-100.
(6) Deductions from 'value' under Section 12-24-30(B) shall include any lien or encumbrance on realty in possession of a forfeited land commission which may subsequently be waived or reduced after the transfer under a signed contract or agreement between the lien holder and the buyer existing before the transfer.
(7) Investments by county treasurers under Section 12-45-220(A) may include sums held by the treasurer on behalf of a forfeited land commission under this section.
(E) The provisions of this section do not apply to property for which legal ownership by the defaulting taxpayer was acquired solely through the laws of intestacy through more than one generation."
SECTION 3. Article 1, Chapter 59, Title 12 of the 1976 Code is amended by adding:
"Section 12-59-150. An immediate family member of a county forfeited land commission member may not purchase land from the forfeited land commission on which their relative serves, unless the sale is through a competitive bid process or a listing open to members of the general public which has been made available for at least ten days. For purposes of this section, an immediate family member is a spouse, parent, sibling, or child of a forfeited land commission member."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MCCOY moved to table the amendment, which was agreed to.
Rep. McCOY proposed the following Amendment No. 2 to S. 78 (COUNCIL\BBM\78C002.BBM.DG15):
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Article 1, Chapter 59, Title 12 of the 1976 Code is amended by adding:
"Section 12-59-140. (A) The county council and the county legislative delegation may petition the Department of Revenue for authority to use the procedures provided for in this section when the number and percentage of subdivided properties in the county that have been bid into the commission have, and are reasonably continued to have:
(1) a significant adverse effect on county ad valorem tax collections that severely affect continued essential public services in the county; or
(2) a significant adverse effect on economic development and employment in the county resulting from the limited number of properties available for sale and improvement.
(B) For purposes of this section, 'subdivided properties' refer to a parcel or parcels of real property, residential or commercial, made up of multiple lots.
(C) The petition to the Department of Revenue must provide for:
(1) all necessary documentation to support the past and anticipated future adverse impacts, including historical data on the number and percentage of properties bid into the forfeited land commission;
(2) the loss of ad valorem tax revenues associated with these properties;
(3) the impact of any millage increases imposed by the county to compensate for such lost ad valorem tax revenues;
(4) the past and projected future impact on the ability of the county to deliver essential public services; and
(5) the past and projected future impact on county development and employment opportunities.
(D) If the Department of Revenue approves the petition, the county's forfeited land commission is authorized to utilize the emergency procedures contained in this section for a period not to exceed five years from the date of approval. This authorization may be extended for additional one-year increments, not to exceed two one-year extensions. Petitions for extensions must contain the same types of documentation specified in paragraph (C) of this section.
(E) Notwithstanding any other provision of law:
(1) The forfeited land commission of any county may, at its discretion, establish a revolving fund to pay for its legal and other expenses. This fund shall be established and maintained by the county treasurer from a portion of the proceeds of the sale of forfeited lands in an amount not exceeding fifty percent of the sale price of any forfeited land, in whole or in part. Legal and other expenses for which the funds may be expended may not include compensation to any members of the commission, but may include:
(a) payment of legal or other expenses in connection with the commission's decision to accept or reject a forfeited land to be held as an asset of the county;
(b) payment of legal or other expenses in connection with the commission's decision to obtain clear title to a forfeited land pursuant to Section 12-61-10;
(c) payment of a commission to a certified realtor or broker not to exceed three percent of the sales price of any forfeited land, in whole or in part; and
(d) the cost of advertising the sale of forfeited lands, including the cost of any multiple realty listing established or provided by commercial realtors or brokers.
(e) the cost of any clean up of a site, including demolition and disposal costs, intended to make the property salable.
(2) The acquisition of clear title to forfeited lands shall be considered an industrial or commercial development project pursuant to Chapter 29, Title 4, for which a county council may issue special revenue bonds for the purpose of initial funding of revolving funds under this section. Payment of the principal and interest for such bonds may be made from the proceeds of the sale of the forfeited lands.
(3) The forfeited land commission of a county that has established a revolving fund under this section shall dissolve or reduce the amount of funds held by the county treasurer in the fund when it is no longer required for the timely and effective marketing and sale of forfeited lands or the expiration of the authorization of the county's legislative delegation, whichever occurs first. The released funds will be deposited into the general fund of the county not later than thirty days from the date of decision by the commission or the date of the expiration of the authorization and, if necessary, may be used to complete any payment of principal and interest remaining from the sale of any special revenue bonds used for the initial establishment of the revolving fund.
(4) The authorized representative of a forfeited land commission that elects to clear tax titles pursuant to Section 12-61-10 may bring multiple actions to the court of common pleas in a single suit, if all of the properties included in the suit were previously owned by a single, individual, partnership, or corporation.
(5) The payment of the expenses of forfeited land commissions exercising authority under this section shall include the collection of its expenses as a part of the sale price of forfeited lands by former owners pursuant to Section 12-59-60 and the disposition of the proceeds of land sales pursuant to Section 12-59-100.
(6) Deductions from 'value' pursuant to Section 12-24-30(B) shall include any lien or encumbrance on realty in possession of a forfeited land commission which may subsequently be waived or reduced after the transfer under a signed contract or agreement between the lien holder and the buyer existing before the transfer.
(7) Investments by county treasurers under Section 12-45-220(A) may include sums held by the treasurer on behalf of a forfeited land commission under this section.
(E) The provisions of this section do not apply to property for which legal ownership by the defaulting taxpayer was acquired solely through the laws of intestacy through more than one generation." /
Renumber sections to conform.
Amend title to conform.
Rep. MCCOY explained the amendment.
Rep. WHITE moved to adjourn debate on the Bill until Wednesday, May 20, which was agreed to.
The following Bill was taken up:
H. 3909 (Word version) -- Reps. Herbkersman, Jefferson, Bernstein, G. A. Brown, Funderburk, Hill, W. J. McLeod, J. E. Smith, Whitmire, Gagnon and Dillard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "THE BICYCLE AND PEDESTRIAN SAFETY ACT"; BY ADDING SECTION 56-5-3520 SO AS TO PROVIDE THAT BICYCLES WITH HELPER MOTORS SHALL BE SUBJECT TO ALL THE RIGHTS AND DUTIES OF BICYCLES; TO AMEND SECTION 56-1-1710, RELATING TO THE TERM "MOPED" AND ITS DEFINITION, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO MOTORCYCLES OR BICYCLES; TO AMEND SECTION 56-5-990, RELATING TO CERTAIN PEDESTRIAN CONTROL SIGNALS, SO AS TO PROVIDE THAT THIS SECTION ALSO APPLIES TO PEDESTRIAN CONTROL SIGNALS THAT EXHIBIT THE SYMBOLS FOR "WALK" OR "WAIT", AND TO PROVIDE THAT FOR PEDESTRIAN CROSSWALKS EQUIPPED WITH COUNTDOWN INDICATORS, A PEDESTRIAN MAY CROSS IF HE CAN COMPLETE THE CROSSING DURING THE REMAINING TIME; TO AMEND SECTION 56-5-3130, RELATING TO A PEDESTRIAN'S RIGHT-OF-WAY IN A CROSSWALK, SO AS TO PROVIDE THAT THE DRIVER OF A VEHICLE SHALL STOP TO YIELD TO A PEDESTRIAN CROSSING A ROADWAY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-3230, RELATING TO A DRIVER'S DUTY TO EXERCISE DUE CARE WHEN OPERATING A VEHICLE, SO AS TO PROVIDE THAT THIS SECTION ALSO APPLIES TO A DRIVER'S DUTY TO AVOID COLLIDING WITH AN ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, A WHEELCHAIR, A FARM TRACTOR, OR A SIMILAR VEHICLE DESIGNED FOR FARM USE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 56-5-3425, RELATING TO THE DEFINITION OF THE TERM "BICYCLE LANE" AND OPERATIONS OF MOTOR VEHICLES AND BICYCLES ALONG BICYCLE LANES, SO AS TO REVISE THE DEFINITION OF THE TERM "BICYCLE LANE" AND TO PROVIDE A DEFINITION FOR THE TERM "SUBSTANDARD-WIDTH LANE"; AND TO AMEND SECTION 56-16-10, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO PROVIDE A DEFINITION FOR THE TERM "BICYCLES WITH HELPER MOTORS".
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 261 (Word version) -- Senator Thurmond: A BILL TO AMEND SECTION 59-111-320 OF THE 1976 CODE, RELATING TO PERSONS AGE SIXTY AND OVER ATTENDING CLASSES AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS WITHOUT PAYMENT OF TUITION, TO DELETE THE PROVISION THAT THESE PERSONS RECEIVING COMPENSATION AS FULL-TIME EMPLOYEES MUST PAY TUITION.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4084 (Word version) -- Rep. Stringer: A BILL TO AMEND SECTION 59-40-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF CHARTER SCHOOLS FROM CERTAIN PROVISIONS APPLICABLE TO PUBLIC SCHOOLS, THE POWERS AND DUTIES OF A CHARTER SCHOOL, AND ADMISSIONS TO CHARTER SCHOOLS, SO AS TO AUTHORIZE A SCHOOL LEADER TO BE HIRED TO ASSIST WITH THE DAILY OPERATION OF THE SCHOOL, TO PROVIDE THAT EMPLOYEES, BOARD MEMBERS, AND STAFF OF THE CHARTER SCHOOL ARE SUBJECT TO THE ETHICS AND GOVERNMENT ACCOUNTABILITY REQUIREMENTS APPLICABLE TO PUBLIC MEMBERS AND PUBLIC EMPLOYEES, AND TO REQUIRE A STATEMENT OF COMPLIANCE ASSURANCE TO BE FILED ANNUALLY WITH THE SCHOOL'S SPONSOR AND THE STATE DEPARTMENT OF EDUCATION.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3008 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-100 SO AS TO PROVIDE THAT A STATE STATUTE THAT REGULATES HIGHWAY TRAFFIC PREEMPTS A LOCAL ORDINANCE, RULE OR REGULATION THAT CONFLICTS WITH THE STATUTE, AND THAT A LOCAL GOVERNMENTAL BODY MAY NOT ENACT A PROVISION THAT CONFLICTS WITH A STATE STATUTE THAT REGULATES HIGHWAY TRAFFIC; AND TO AMEND SECTION 56-5-30, RELATING TO THE APPLICABILITY OF THE STATE'S UNIFORM TRAFFIC LAWS UPON THE STATE'S POLITICAL SUBDIVISIONS, SO AS TO DELETE THE PROVISION THAT ALLOWS A POLITICAL SUBDIVISION OF THE STATE TO ADOPT TRAFFIC REGULATIONS WHICH ARE NOT IN CONFLICT WITH THE STATUTES THAT REGULATE HIGHWAY TRAFFIC.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 592 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-11-710(A) OF THE 1976 CODE, RELATING TO THE HUNTING OF FERAL HOGS, COYOTES, AND ARMADILLOS, TO PROVIDE THAT FERAL HOGS, COYOTES, AND ARMADILLOS MAY BE HUNTED AT ANY TIME OF THE YEAR UNDER AUTHORITY OF AND PURSUANT TO THE CONDITIONS CONTAINED IN A DEPREDATION PERMIT ISSUED BY THE DEPARTMENT AND FROM THE LAST DAY OF FEBRUARY TO THE FIRST DAY OF JULY OF THAT SAME YEAR WITH ANY LEGAL FIREARM, BOW AND ARROW, OR CROSSBOW WHEN NOTICE IS GIVEN TO THE DEPARTMENT, AND TO PROVIDE CONDITIONS FOR HUNTING THESE ANIMALS AT NIGHT.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 441 (Word version) -- Senators Hayes and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 37 SO AS TO ENACT THE "GUARANTEED ASSET PROTECTION ACT", TO PROVIDE A FRAMEWORK WITHIN WHICH GUARANTEED ASSET PROTECTION WAIVERS ARE DEFINED AND MAY BE OFFERED WITHIN THIS STATE, TO PROVIDE REQUIREMENTS FOR OFFERING GUARANTEED ASSET PROTECTION WAIVERS, TO PROVIDE THE DISCLOSURES REQUIRED, TO PROVIDE FOR CANCELLATION OF GUARANTEED ASSET PROTECTION WAIVERS, AND TO PROVIDE FOR ENFORCEMENT OF THIS CHAPTER.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 375 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 6-5-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING DEPOSITS OF FUNDS BY LOCAL ENTITIES, SO AS TO ALLOW A LOCAL ENTITY TO DEPOSIT ALL OR A PORTION OF SURPLUS PUBLIC FUNDS IN ITS CONTROL OR POSSESSION IN ACCORDANCE WITH CERTAIN CONDITIONS.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 301 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-2-10 OF THE 1976 CODE, RELATING TO THE MEMBERS OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO REVISE THE BOARD COMPOSITION; TO AMEND SECTION 40-2-20, TO AMEND THE DEFINITION OF THE TERM "ATTEST" TO INCLUDE ANY EXAMINATION, REVIEW, OR AGREED UPON PROCEDURE TO BE PERFORMED IN ACCORDANCE WITH THE STATEMENTS ON STANDARDS FOR ATTEST ENGAGEMENTS; TO AMEND SECTION 40-2-30, RELATING TO LICENSING OR REGISTRATION REQUIREMENTS, TO DELETE REFERENCE TO THE TERM "FINANCIAL STATEMENTS"; TO AMEND SECTION 40-2-35, RELATING TO CERTIFIED PUBLIC ACCOUNTANT LICENSURE REQUIREMENTS, SO AS TO REQUIRE SUCH APPLICANTS FOR LICENSURE TO UNDERGO STATE AND FEDERAL CRIMINAL RECORDS CHECKS AND TO REQUIRE CONTINUING EDUCATION OR ADDITIONAL EXPERIENCE, AS APPLICABLE, FOR AN APPLICANT WHO DELAYS SUBMITTING AN APPLICATION FOR A SUBSTANTIAL PERIOD OF TIME AFTER PASSING THE CERTIFIED PUBLIC ACCOUNTING EXAMINATION OR OBTAINING ACCOUNTING EXPERIENCE; TO AMEND SECTION 40-2-40, RELATING TO QUALIFICATIONS FOR REGISTRATION OF A CERTIFIED PUBLIC ACCOUNTING FIRM, SO AS TO PROVIDE THAT A SIMPLE MAJORITY OF THE FIRM OWNERSHIP MUST BE CERTIFIED PUBLIC ACCOUNTANTS, TO PROVIDE QUALIFICATIONS AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS FOR NONCERTIFIED PUBLIC ACCOUNTANT FIRM OWNERS, AND TO GIVE THE BOARD OF ACCOUNTANCY THE DISCRETION TO CHARGE REGISTRATION AND RENEWAL FEES; TO AMEND SECTION 40-2-80, RELATING TO THE INVESTIGATION OF COMPLAINTS AND DISCIPLINARY PROCEEDINGS, TO PROVIDE THAT IN CONDUCTING SUCH INVESTIGATIONS AND PROCEEDINGS THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND FEDERAL CRIMINAL RECORDS CHECKS; TO AMEND SECTION 40-2-250, RELATING TO APPLICATIONS FOR LICENSE RENEWAL, TO PROVIDE THAT SUCH APPLICATIONS MUST BE FILED ON OR BEFORE FEBRUARY FIRST AND TO PROVIDE THAT LATE FILINGS MAY RESULT IN REINSTATEMENT FEES AND SANCTIONING OF THE LICENSEE; AND TO AMEND SECTION 40-2-255, RELATING TO APPLICATIONS FOR REGISTRATION RENEWAL, SO AS TO PROVIDE THAT SUCH APPLICATIONS MUST BE FILED ON OR BEFORE FEBRUARY FIRST AND TO PROVIDE THAT LATE FILINGS MAY RESULT IN SANCTIONING OF THE REGISTRANT.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 304 (Word version) -- Senators L. Martin, Alexander, Verdin, Hayes, Peeler, Cromer, Corbin, Nicholson, Rankin, Hembree, Williams, Coleman and Campbell: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE RENEWAL OR EXTENSION OF CONTRACTS TO BUY POWER FOR ADDITIONAL PERIODS NOT TO EXCEED FIFTY YEARS FROM THE DATE OF THE RENEWAL OR EXTENSION.
Rep. SANDIFER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 389 (Word version) -- Senator Lourie: A BILL TO AMEND CHAPTER 37, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE CORPORATIONS ARE ORGANIZED, REGULATED, AND PERMITTED TO OPERATE.
Rep. SANDIFER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 3 (Word version) -- Senators L. Martin, Shealy, Malloy, Courson, Fair, Turner, Lourie and Hembree: A BILL TO AMEND SECTION 16-25-10 OF THE 1976 CODE, TO PROVIDE NECESSARY DEFINITIONS; TO AMEND SECTION 16-25-20 OF THE 1976 CODE, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND PENALTIES, SO AS TO RESTRUCTURE THE CRIMINAL DOMESTIC VIOLENCE OFFENSES INTO DEGREES AND PROVIDE PENALTIES; TO AMEND SECTION 16-25-30, RELATING TO THE ILLEGAL POSSESSION OF A FIREARM BY A PERSON CONVICTED OF A DOMESTIC VIOLENCE OFFENSE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE OR A PERSON SUBJECT TO AN ORDER OF PROTECTION FOR DOMESTIC OR FAMILY VIOLENCE TO SHIP, TRANSPORT, OR RECEIVE A FIREARM OR AMMUNITION, AND TO PROVIDE NOTICE TO A PERSON TO WHOM THE STATUTE APPLIES; TO AMEND SECTION 16-25-65, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, TO PROVIDE THAT THE COURT MUST ORDER PARTICIPATION IN A DOMESTIC VIOLENCE INTERVENTION PROGRAM AND ALLOW A RESTRICTION ON FIREARMS AND AMMUNITION AS A CONDITION OF BOND; AND TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 18, TO PROVIDE NECESSARY DEFINITIONS AND TO ESTABLISH A PROCEDURE FOR THE ISSUANCE OF PERMANENT AND EMERGENCY CIVIL NO-CONTACT ORDERS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE DURATION OF CIVIL NO-CONTACT ORDERS, AND TO PROVIDE A PENALTY FOR THE VIOLATION OF CIVIL NO-CONTACT ORDERS.
Rep. DELLENEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3701 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. WHITE moved to adjourn debate upon the Senate Amendments until Wednesday, May 20, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3575 (Word version) -- Reps. Jefferson, Southard, Johnson, Ott, Crosby, Dillard, Hosey, Knight, Williams, Gagnon and Gambrell: A BILL TO AMEND SECTION 44-96-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "SOLID WASTE" TO EXCLUDE STEEL SLAG.
Rep. HIOTT explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Bamberg Bannister Bingham Bradley Brannon G. A. Brown Burns Chumley Clary Clemmons Clyburn Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan Kennedy King Kirby Limehouse Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Nanney Newton Norrell Parks Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Spires Tallon Taylor Thayer Tinkler Toole Weeks Wells White Williams Willis Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3646 (Word version) -- Reps. Burns, Southard, Loftis, Ott and Dillard: A BILL TO AMEND SECTION 44-55-1310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS, SO AS TO ALLOW FOR NONGRAVITY-BASED SOIL-BASED ON-SITE DISPOSAL SYSTEMS; TO AMEND SECTION 44-55-1320, RELATING TO WASTEWATER COLLECTION, TREATMENT, AND DISCHARGE, SO AS TO AUTHORIZE SINGLE OR MULTIPLE DWELLING UNITS TO USE A COMMUNITY OR COMMERCIAL PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM; TO AMEND SECTION 44-55-1330, RELATING TO SYSTEM INSTALLATION REQUIREMENTS, SO AS TO REMOVE CERTAIN REQUIREMENTS FOR A PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM AND TO SET DESIGNATIONS FOR THE TRENCH BOTTOM OF A DISPOSAL SYSTEM; TO AMEND SECTION 44-55-1350, RELATING TO TILE FIELD PRODUCT REGULATIONS, SO AS TO ADD THE REQUIREMENTS OF SECTION 44-55-1310 TO REGULATIONS PROMULGATED OVER PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS; AND TO REPEAL SECTION 44-55-1340 RELATING TO FINANCIAL ASSURANCE.
Rep. BURNS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anthony Atwater Bales Bamberg Bannister Bernstein Bingham Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Jordan Kennedy Kirby Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Nanney Newton Norrell Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Tallon Taylor Thayer Tinkler Weeks Wells White Williams Willis Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 3847 (Word version) -- Reps. G. R. Smith, Burns, Hamilton, Loftis, Robinson-Simpson, Putnam, Allison, Bannister, Chumley, Dillard, Nanney, Stringer and Willis: A JOINT RESOLUTION TO TEMPORARILY EXEMPT APPLICANTS FOR LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST ASSISTANT FROM THE REQUIREMENT OF HAVING A BACHELOR'S DEGREE FROM A REGIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION FOUND IN SECTION 40-67-220 OF THE 1976 CODE IF THE APPLICANT HOLDS A BACHELOR'S DEGREE IN SPEECH-LANGUAGE PATHOLOGY FROM A NATIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION; TO PROVIDE THAT THE PROVISIONS OF THIS JOINT RESOLUTION LIBERALLY MUST BE CONSTRUED TO EFFECTUATE THE PURPOSES OF THIS JOINT RESOLUTION AND MUST BE APPLIED RETROACTIVELY; AND TO PROVIDE FOR THE EXPIRATION OF THIS JOINT RESOLUTION ON JULY 1, 2019.
Rep. G. R. SMITH explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Bannister Bernstein Bingham Bradley Brannon G. A. Brown Burns Chumley Clary Cole Collins Corley Delleney Dillard Duckworth Finlay Forrester Funderburk Gagnon Gambrell Goldfinch Hamilton Hardee Henderson Herbkersman Hicks Hiott Hixon Huggins Johnson Jordan Kennedy Limehouse Lowe Lucas McCoy W. J. McLeod D. C. Moss Nanney Newton Pitts Pope Putnam Quinn Rivers Robinson-Simpson Ryhal Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Wells White Willis Yow
Those who voted in the negative are:
Alexander Anderson Anthony Bales Bamberg Bowers R. L. Brown Clyburn Cobb-Hunter Crosby Daning Douglas Felder George Gilliard Hart Hayes Henegan Hodges Hosey Howard Jefferson King Kirby Mack McEachern McKnight M. S. McLeod Mitchell Norrell Ott Parks Ridgeway Rutherford J. E. Smith Tinkler Weeks Williams
The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up:
S. 384 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG CLEVELAND STREET IN THE
TOWN OF ELLOREE "DAVID EARLE POLIN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. OTT moved that the House do now adjourn, which was agreed to.
At 1:21 p.m. the House, in accordance with the motion of Rep. MCKNIGHT, adjourned in memory of former Representative Kenneth "Ken" Kennedy of Greeleyville, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Tuesday, December 1, 2015 at 4:15 P.M.