NO. 56
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Proverbs 2:9: "Then you will understand righteousness and justice and equity, every good path."
Let us pray. God, You have revealed the way of the Lord to us. The wisdom You give us is very precious. You keep us on the right pathway to keep us from confusion and sustain us with Your grace. Help us to recognize this gift and know that by Your gracious love, You provide us with righteousness, justice, and equity in the world for our benefit. Help us to use all Your gracious gifts for their intended purpose. Bless our defenders of freedom and first responders as they protect us. Provide for our Nation, President, State, Governor, Speaker, Staff, and all who labor. Lord, Your blessings are full and overflowing. 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.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. CLARY moved that when the House adjourns, it adjourn in memory of Dr. Larry Bauer, which was agreed to.
Larry was clearly passionate about teaching and was recognized by his students and peers as one of the best in a career that spanned 28 years at Clemson. Larry won the prestigious 1992 Alumni Master Teacher award, and was also awarded honorary membership in the Clemson Class of 1939 by winning that class's annual award given to "one distinguished member of the faculty whose outstanding contributions for a five-year period have been judged by his peers to represent the highest achievement of service to the student body, university and community, state or nation". Larry also was awarded the Clemson University Board of Trustees Award for Faculty Excellence, which is given annually to faculty members who have either been honored by academic or professional societies at the national or international level with National Academy of Sciences "highly prestigious" award or have demonstrated exceptional achievements in research, teaching and service.
Larry is survived by his wife of 53 years, Betty Edmondson Bauer. He is also survived by his sons CW3 George Thomas and William Harvey and 3 grandchildren.
Larry was a friend to many and we will all miss his acerbic wit.
Rep. Gary Clary
The following was received:
Senator Harvey S. Peeler, Jr., Chairman Senator Thomas C. Alexander Senator John. L. Scott, Jr. Senator Daniel B. "Danny" Verdin, III
Staff: Martha Casto Julie Price College and University Trustee Screening Commission
213 Gressette Building P.O. Box 142 Columbia, South Carolina 29202 Phone: (803) 212-6430 Email: [email protected]
Representative William R. Whitmire, Vice-Chairman Representative John King Representative Sylleste Davis Representative Gary E. Clary
Wil Lou Gray Opportunity School
At-Large - expires 2023 (three seats)
CANDIDATES FOUND QUALIFIED AND NOMINATED
Deborah S. Blalock -- Charleston
Robert N. Collar -- Bluffton
Dan A. Dobson -- Myrtle Beach
The Citadel
At-Large - expires 2025 (one seat)
CANDIDATE FOUND QUALIFIED AND NOMINATED
L. Eugene Pinson -- Greenwood
Coastal Carolina University
1st Congressional district- seat 1 - expires 2023
CANDIDATE FOUND QUALIFIED AND NOMINATED
George E. Mullen -- Hilton Head Island
3rd Congressional district- seat 3 - expires 2023
CANDIDATE FOUND QUALIFIED AND NOMINATED
William S. Biggs -- Salem
Coastal Carolina University (continued)
5th Congressional district- seat 5 - expires 2023
CANDIDATE FOUND QUALIFIED AND NOMINATED
Charles E. Lewis -- Gaffney
7th Congressional district- seat 7 - expires 2023
CANDIDATE FOUND QUALIFIED AND NOMINATED
Natasha M. Hanna -- Conway
At-Large - seat 9 - expires 2023
CANDIDATE FOUND QUALIFIED AND NOMINATED
Eugene C. Spivey -- Myrtle Beach
At-Large - seat 11 - expires 2023
CANDIDATE FOUND QUALIFIED AND NOMINATED
William E. Turner, III -- Simpsonville
At-Large - seat 13 - expires 2023
CANDIDATE FOUND QUALIFIED AND NOMINATED
Lee A. Belcher -- Lexington
Medical University of South Carolina
4th Congressional District - medical seat - expires 2020
CANDIDATE FOUND QUALIFIED AND NOMINATED
H. Frederick Butehorn, III -- Spartanburg
SCREENINGS
Date: March 25, 2019
Time: 1:01 p.m.
Time ended: 2:18 p.m.
Location: Gressette Building
1101 Pendleton Street, Room 209
Columbia, South Carolina
Committee Members Present:
Chairman Senator HARVEY S. PEELER, JR.
Senator THOMAS C. ALEXANDER
Senator JOHN L. SCOTT, JR.
Senator DANIEL B. "DANNY" VERDIN, III, Vice-Chairman
Representative William R. Whitmire
Representative Phyllis J. Henderson
Representative Sylleste Davis
Also present: Martha Casto, Julie Price, Staff
CHAIRMAN SENATOR PEELER: I'd like to call the meeting to order. This is the meeting of the College and University Trustee Screening Commission. I pray that God continues to bless us all.
SENATOR SCOTT: Amen.
CHAIRMAN SENATOR PEELER: First of all, we have the Coastal Carolina University, At-Large, Seat Number 13, Mr. Lee Belcher from Lexington. Mr. Belcher, if you would, please come forward.
MR. BELCHER: Thank you.
CHAIRMAN SENATOR PEELER: Make sure your green light is on so that we know the intercom is working.
MR. BELCHER: Thank you.
CHAIRMAN SENATOR PEELER: I'll swear you in. Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?
MR. BELCHER: I do.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement on why you would like to serve on --
MR. BELCHER: Absolutely.
CHAIRMAN SENATOR PEELER: -- the Coastal Carolina board?
MR. BELCHER: Yes, sir. And thank you so much.
Mr. Chairman and members of the Commission, I would like to thank you in advance for this opportunity to appear before you today. My name is Lee Belcher, as you know, and I am originally born and raised here in Columbia, South Carolina. Upon graduating from Airport High School I visited multiple colleges and then decided that Coastal Carolina was the best fit for me. I graduated from the university in 2008 with a bachelor's degree in business. I currently reside here in Lexington County with my wife who also graduated from Coastal and played basketball for the university. We have three beautiful children, London, Madison and Tyler. I currently serve at the school on the school improvement council where over the last two years I spent a lot of time helping Lexington School District One continue to grow. My career in banking started during my senior year at Coastal. That initial experience afforded me the opportunity to find my strengths, weaknesses, but also the ability to learn how to grow. My personality and people skills allow me to work very well in groups to make decisions, and I feel like that is a key component to working on a board.
In 2013 I decided that 16 years of education wasn't enough, so I decided to go back and get my master's degree in business at Webster University. I currently work with Synovus Bank where I analyze financial statements for large corporations, as well as universities and colleges across this state.
The reason that I want to serve here at Coastal Carolina is Coastal has done so much for my family and I over the years. I feel like that has turned me into an asset that can add value to the school, to the students and to the community. So I am looking -- I want to come in and I want to help not only our students connect for future opportunities, but I want to help connect them with those opportunities. I want to be a part of Coastal Carolina going forward and I want to help them continue to grow, and that's why I want to serve. Thank you.
CHAIRMAN SENATOR PEELER: Thank you.
Questions from members of the Committee? Desire of the Committee.
SENATOR SCOTT: Favorable.
CHAIRMAN SENATOR PEELER: Favorable.
Second? REPRESENTATIVE DAVIS: (Indicating.)
CHAIRMAN PEELER: Seconded. All in favor raise your right hand. Unanimous. Thank you, sir
MR. BELCHER: Thank you.
CHAIRMAN SENATOR PEELER: Thank you for your willingness to serve, sir.
MR. BELCHER: Thank you so much.
CHAIRMAN SENATOR PEELER: Hope the rest of them are that easy. Next we have At-Large, Seat 9, Coastal Carolina University. That would be Eugene Spivey, Myrtle Beach.
MR. SPIVEY: How do you do, sir.
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?
MR. SPIVEY: Very brief. My name is Gene Spivey. I've served on the board of trustees at Coastal since 2002. I'm a Coastal grad. I live in Myrtle Beach with my -- sharing time with a six-year-old daughter. I work in the real estate development business, and I just would like to continue serving on the Coastal board to keep doing what we've been doing.
CHAIRMAN SENATOR PEELER: You got the memo. Brevity is a plus. Does the Committee have any questions?
SENATOR SCOTT: I have a question.
CHAIRMAN SENATOR PEELER: Senator Scott.
SENATOR SCOTT: Mr. Spivey, let me as a seated member of Coastal, let me say you guys have been doing a very good job with Coastal, especially with the help coming from additional funds that you received from local government there. What would you like to see different occur at Coastal that's not already ongoing? I know you've got some capital needs and some other requests that y'all have (The court reporter interjected.)
SENATOR SCOTT: I'm sorry. What would you like to see different occur at Coastal that's not ongoing since you're already on the board and have been on the board for a while? Can you hear me now? Is that better? A little bit better?
MR. SPIVEY: I would like to I mean, for instance, the bill that's currently working its way through, you know --
SENATOR SCOTT: The Higher Ed Bill?
MR. SPIVEY: Yes, sir, where -- where more of the money follows the student. I think that's something that would be beneficial to Coastal, get more of that type of fund -- funding. We're also going to need to be here in a couple of years working with the local school board and -- to protect the school to get -- that one percent money that we just talked about, they extended that. That comes to an end here in a few years, but those would be two of the big issues I would say right now.
SENATOR SCOTT: Thank you, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Thank you. Questions or comments?
SENATOR SCOTT: Favorable.
CHAIRMAN SENATOR PEELER: Favorable. Seconded. Any other discussion? Hearing none, bring it to a vote. All in favor raise your right hand. Thank you, sir.
MR. SPIVEY: Thank you.
CHAIRMAN SENATOR PEELER: Next, 7th Congressional District, Seat 7, Coastal Carolina University, Natasha Hanna, Conway.
MS. HANNA: Good afternoon.
CHAIRMAN SENATOR PEELER: 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: Would you like to make a brief statement?
MS. HANNA: Yes, sir, I would. My name is Natasha Hanna and I'm from Conway. I'm actually one of those out-of-state students that came to Coastal Carolina University in 1990 and never left. I got my feet in the sand, discovered Coastal, and I've been involved with the school since 1990. I've served as a trustee for almost ten years now, and while I paused and thought for a second that maybe I should give someone else a turn, I don't feel that my service and my work there is done. We are getting ready to go through a transition, and with the new education opportunity act hopefully getting approved, there's still going to be a lot going on and I feel like my service is -- is still needed and I'm hopeful that I can continue. Thank you.
CHAIRMAN SENATOR PEELER: Questions? Senator Scott.
SENATOR SCOTT: Thank you for your service. Anything in the new Higher Ed Bill that you see that you would like to -- would help to improve Coastal? Have you been keeping up with it? And if you have not, it's okay.
MS. HANNA: I have. I know that there's been a couple of different forms of the bill, but one of the things that I really like is that the money follows the student. I think that is tremendously important and I think it kind of works both ways because I know the legislature is very concerned that we not displace an in-state student for an out-of-state student, and I think by doing that I think you would solve that problem.
SENATOR SCOTT: Keep in mind you used to be an out-of-state student.
MS. HANNA: Yes, I did, and I'm still in support of it.
SENATOR SCOTT: Thank you.
MS. HANNA: Yes.
SENATOR VERDIN: Mr. Chairman.
CHAIRMAN SENATOR PEELER: Senator Verdin.
SENATOR VERDIN: So I -- I could -- I'm trying to flip back and see which one of the previous two screened candidates was favoring an enrollment higher than ten. I see that you are not.
MS. HANNA: That's right.
SENATOR VERDIN: That's an interesting discussion I guess you all were already having. It's just like everything else, whether it's higher ed or more business or more industry or whatever else you're trying to pack in down there. They'll start double stacking. I'm try -- I'm -- I'm anticipating your answer, and I -- I should be quiet.
MS. HANNA: Yeah, well, you know, I do -- I have an opinion about that. When I was at Coastal, it was very small, and that was one of the things that appealed most to me is the -- the student-professor ratio. So I'm worried that if we get too big we're going to be too big for our britches, so to speak. And I'm concerned that we're growing too fast. I think to cap it out at about ten-five is where we need to be. I think the overall general plan is about 12-five, but for me personally I think ten-five is where we need to be.
SENATOR VERDIN: You're the break in the room. I gotcha. All right.
MS. HANNA: Yes, sir.
CHAIRMAN SENATOR PEELER: Representative Whitmire.
REPRESENTATIVE WHITMIRE: Thank you, Mr. Chairman. What's the enrollment now at Coastal?
MS. HANNA: We are actually right about ten-four, and that includes our graduates as well as our undergraduates.
REPRESENTATIVE WHITMIRE: And the ratio is 50/50 now pretty much or --
MS. HANNA: For out-of-state/in-state, it's close to 50/50. I think at one point within the last year it was 49/51, but I think we're pretty close to 50/50, yes, sir.
REPRESENTATIVE WHITMIRE: And that's your desire to keep it about 50/50 or would you like less?
MS. HANNA: I actually like 50/50. And I may be the minority in the room, but I think that out-of-state students are super important to Coastal and some of our other institutions. I mean, I think what I brought -brought to school -- and I'm just one of many who came to South Carolina and never left. And I own three, four businesses and I'm a lawyer. I went to the University of South Carolina, and, you know, I -- I see other students who come here, and guess what they bring? They bring their parents who bring their pocketbooks who buy houses, who buy second homes. So I like having a 50/50 ratio, yes, sir.
REPRESENTATIVE WHITMIRE: Thank you.
CHAIRMAN SENATOR PEELER: Questions or comments? Senator Scott.
SENATOR SCOTT: Just keep in mind as we tweak 50/50, if your numbers stay 50/50, and as we look at the amount of money that you're going to receive for in-state coming from the state, it will probably be a lot smaller. I know the 50/50 gives you that extra money for those kids coming from out of state. The tuition is -- what's the difference between tuition in-state and out-of-state students?
MS. HANNA: Tuition for in-state is about 11-five. Tuition for out-of-state is around 27,000 I believe.
SENATOR SCOTT: I mean, because the goal is for us -- the state supported schools is to remind y'all these schools are not -- they're not designed to educate all these out of state students but, again, to educate South Carolina students, so --
MS. HANNA: Yes, sir. And it's something important to note that at Coastal we never reject an in-state student for an out-of-state student. We pride ourselves on absolutely accepting every qualified in state student that knocks on our door.
SENATOR SCOTT: So in essence you're saying enrollment -- the enrollment process is not broken. It's working. You just have the extra space?
MS. HANNA: Yes, sir.
SENATOR SCOTT: Okay.
CHAIRMAN SENATOR PEELER: Anyone else? Desire of the Committee.
REPRESENTATIVE CLARY: Favorable.
CHAIRMAN SENATOR PEELER: Motion is favorable. Second?
SENATOR SCOTT: (Indicating.)
CHAIRMAN SENATOR PEELER: Any other discussion? Hearing none, we'll take it to a vote. All in favor raise your right hand. It's unanimous. Thank you. Thank you so much for your willingness to serve.
MS. HANNA: Thank you.
CHAIRMAN SENATOR PEELER: Thank you for staying in South Carolina.
MS. HANNA: Thank you.
CHAIRMAN SENATOR PEELER: Next, 5th Congressional District. That would be Charles "Chuck" Lewis from Gaffney. Good afternoon, sir.
MR. LEWIS: First of all, good afternoon to everybody. Thank you, Senator Peeler, and for the Commission on higher education. I appreciate you meeting with us today and ready to answer any questions that you have, hopefully.
CHAIRMAN SENATOR PEELER: Let me swear you in first, Chuck.
MR. LEWIS: Excuse me?
CHAIRMAN SENATOR PEELER: Let me swear you --
MR. LEWIS: Yes.
CHAIRMAN SENATOR PEELER: 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: Now, would you like to make further comments?
MR. LEWIS: Well, I -- I've been interested in Coastal Carolina since about 1990 when my daughter went to Coastal Carolina on a basketball scholarship. She graduated in 1994. It only took her four years to get out, which was wonderful, and she had grades enough to get into law school which she is now an attorney and a prosecutor in Gaffney, South Carolina. I feel like she got a great education, number one, at Coastal Carolina being able to go to law school. She graduated number three in her class. So we were very proud of that. And we have been supporting Coastal Carolina ever since she went there, and when the opportunity came for me to represent the board of trustees in 2013, I jumped at the idea, and I have enjoyed the board of trustees in learning how higher education works and the abilities of people working together that you can create and do great things.
CHAIRMAN SENATOR PEELER: Thank you. Questions or comments from members of the Committee?
Senator Verdin.
SENATOR VERDIN: 23 years in South Carolina, is that all in Cherokee County?
MR. LEWIS: Yes, sir, all in Cherokee County.
SENATOR VERDIN: But probably not long are you multilingual?
REPRESENTATIVE CLARY: He speaks Gaffney-ian.
MR. LEWIS: I do speak Virginian also.
SENATOR VERDIN: Well, that's a good one to have. I will leave it hanging.
CHAIRMAN SENATOR PEELER: A hanging chad. What's the desire of the Committee?
SENATOR SCOTT: Favorable.
SENATOR VERDIN: Seconded.
CHAIRMAN SENATOR PEELER: Favorable and seconded. Any discussion? Hearing none, we'll take it to a vote. All in favor raise your right hand. Unanimous. Thank you, sir.
MR. LEWIS: Thank you all very much. Appreciate being here today.
CHAIRMAN SENATOR PEELER: Thank you. Next, 3rd Congressional District, Seat 3, William Biggs, Salem.
MR. BIGGS: Afternoon, Chairman and Committee members.
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?
MR. BIGGS: I do.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement?
MR. BIGGS: Yes, sir. Thank you. I've served on the Coastal Carolina board since 2006. I've had the -- the pleasure and the opportunity to serve as its vice chair in the last two years as its chairman. I'm the father of a Coastal grad myself. My daughter Brittany got her business degree, studied and got her MBA, and now is finishing up her second year of law school. She chose to go to Coastal and not play softball in college from a few of the schools that offered her and went and ended up managing the men's basketball team. Currently loves Coastal and just went on the Coastal athletic foundation. During that time I've come to love Coastal, to see what we're doing. Been able to hire a few of the graduates. I currently operate the state veterans' nursing homes here in South Carolina. I've done that for 25 years. I also manage the ones in Maryland, Alabama and some of Texas. That company is headquartered in Anderson, South Carolina. And education is so important for all businesses. Having qualified candidates that come out of our universities is so important to all of us that operate businesses in this state, and I'm seeing that with the caliber of students that we're having graduate from Coastal Carolina. Very proud of them. Proud of the board members I serve with and the hard work that is put into that university from their perspective. And I would just love to have the opportunity to continue serving at Coastal Carolina. Thank you, sir.
CHAIRMAN SENATOR PEELER: Questions or comments? Senator Scott.
SENATOR SCOTT: Thank you. And thank you for your willingness to
continue to serve. At one meeting we had asked the president -- you may have been there -- who's your diversity officer now at Coastal?
MR. BIGGS: Our diversity officer? I'm sorry, I can't answer that. I know we have a chief of staff that works very closely with all of those issues, Travis Overton and --
SENATOR SCOTT: He's -- he's a chief of staff -- it's a little different than the chief of staff, but I tried to explain that to your president before. There's a big difference between having a diversity officer and a chief of staff.
MR. BIGGS: Yes, sir.
SENATOR SCOTT: And so maybe the next time we have this conversation --
MR. BIGGS: I know when we have issues, Travis is the one who takes the lead on investigation.
SENATOR SCOTT: That's legal counsel.
MR. BIGGS: No. No, sir, he's not our counsel.
SENATOR SCOTT: Well, if you don't have a diversity officer, y'all need to get a diversity officer --
MR. BIGGS: Yes, sir.
SENATOR SCOTT: -- and take a look at what some of the other schools are doing as a result of diversity officer -- although your school is very diverse
MR. BIGGS: Yes, sir.
SENATOR SCOTT: -- still do need a diversity officer. Okay?
MR. BIGGS: Yes, sir.
SENATOR SCOTT: Thank you, sir.
CHAIRMAN SENATOR PEELER: Any other questions or comments? Representative Davis.
REPRESENTATIVE DAVIS: Thank you. Knowing that you are involved in veterans' services -- and it looks like specifically nursing home services; is that correct?
MR. BIGGS: State veterans nursing homes, yes, ma'am.
REPRESENTATIVE DAVIS: Okay. I'm wondering does Coastal have any specific programs for educating veterans after they retire from the service?
MR. BIGGS: We -- of course we have an ROTC program, but we -- we encourage our veterans in the community that come back -- last graduating class we had 12 veterans graduate. And one of the things I've done as the chairman, at graduation I try to recognize some of our graduates, and I was able to take one of our female veterans, talk to her beforehand and talk about her service during graduation and what that means, not only to her to have served our country but then to come back to Coastal to get her degree, and her goal was to continue serving her country after she graduated. So we do look -- I wish we had opportunities -- more opportunities for veterans, more scholarship programs for them. I'm a veteran myself. My dad was a World War II veteran, and last year for five months I was a spouse of a deployed veteran. My wife is a flight nurse in the air guard and spent five months in the Middle East going in and out of Afghanistan. So what we do for veterans and the more programs we can offer them I think the better we are because they've served us.
REPRESENTATIVE DAVIS: I agree, and thank you for your service and the service of your family as well. Is there anything that we need to be doing on a state level to address veterans' opportunities --university opportunities as opposed to the options that you may have as a board member at Coastal?
MR. BIGGS: I would love to see statewide -- I know the university -- Mississippi State University offers, you know, in-state tuition or no tuition to many of their veterans who come back. I would love to see a program for our veterans -- if -- if you're an out-of-state veteran and you've served at Fort Jackson, you've served at Shaw Air Force Base, Charleston Air Force Base, and you come out of the military there, that we would -- even if you kept your driver's license in your home state and you've lived here, that we would offer in-state tuition to you. I would love to see us offer programs like other states do through their Veterans Affairs program where children of our active duty members are offered reduced rates. Any program like that that help -- because as most of us know, our military, they do not make the money that the private industry pays. They are honestly serving. So anything we can do to help their children while they're serving or help them when they come out of the military, especially our South Carolina veterans that want to further their education that we could do would be awesome.
REPRESENTATIVE DAVIS: I -- I agree. I know that we've had some discussions along those lines, but I'm not sure -- have we actually passed the legislation?
SENATOR SCOTT: Yeah, we passed that two years ago.
REPRESENTATIVE DAVIS: Okay.
UNIDENTIFIED SPEAKER: In-state tuition now.
REPRESENTATIVE DAVIS: Okay. All right. Thank you. I appreciate that.
MR. BIGGS: I think that --
SENATOR SCOTT: I think that coupled with what they receive, the other side for the GI bill, should be adequate. The children of those veterans have been the real -- have been the concern. I want to go back to a question that's been kind of puzzling to me. Tell me a little bit about the staff, administration and student breakdown and ratio. You've been chair -- vice chairman and not chairman. Tell me what those numbers look like.
MR. BIGGS: Our student to instructor ratio is still what I think very low. That's one of the things that encouraged my daughter to go. She -- she was scared to death of the classes that she heard at South Carolina where there would be three or 400 students in a class. We average right now 17 to one. Very few classes do we have over 30 students.
SENATOR SCOTT: What's -- what is your ratio -- your ratio --
MR. BIGGS: 17 to one.
SENATOR SCOTT: Yeah, I understand that's the class size ratio. What is your ratio -- race ratio with students along with staff and faculty at the school? What percentage of African American students attend your school? What percentage of staff --
MR. BIGGS: The actual -- the actual percentage I -- I don't know. I could find that out very quickly. I would guess that it's somewhere in the 20 percent range.
SENATOR SCOTT: What about staff and faculty?
MR. BIGGS: I don't know that ratio.
SENATOR SCOTT: So that's where your diversity officer would help you with those numbers --
MR. BIGGS: Yes, sir.
SENATOR SCOTT: -- and also help to maintain some balance and also helps in some of your recruiting. When we began talking about this five or six years ago, a lot of folks thought this was off the chain and now some of our major institutions are winning national awards because we are now understanding how to balance the schools, and as a result --
MR. BIGGS: Yes.
SENATOR SCOTT: -- we are keeping more of our students as students here at home. And so you --you know, you may want to -- you're going to be the chairman. You may want to ask those kind of questions and kind of -- kind of catch up to where -- where we are.
MR. BIGGS: And -- and I agree, Senator. I think we should. I know Clemson is doing that. They're having a program with diversity next month --
SENATOR SCOTT: Right.
MR. BIGGS: -- and our company is actually one of the sponsors of that.
SENATOR SCOTT: Right, but I'd like to see Coastal --
MR. BIGGS: And Coastal should do the same thing.
SENATOR SCOTT: That's correct. Thank you now.
CHAIRMAN SENATOR PEELER: Representative Clary.
REPRESENTATIVE CLARY: Mr. Biggs, you say the biggest weakness at -- at Coastal is your administration is stretched. Tell me about that.
MR. BIGGS: When you -- when you have a university -- we've been growing very quickly. When I first started on -- on this board, we were probably a little over 6,000 students. Now we're over 10,000 students. I think growth does stretch your -- your leadership. We're also going through a time when our president has informed us that he will be retiring in two years. So we're -- I have put together a search committee to look for our new president. At that same time our provost will be retiring. Our chief of the police department there will be retiring. We're going to have a lot of leadership changes, and I think that also stretches our -- our leadership as we move forward.
REPRESENTATIVE CLARY: And -- and when we talk about abatements, what kind of a percentage of abatements do y'all have at Coastal?
MR. BIGGS: I don't know that right offhand, sir.
REPRESENTATIVE CLARY: Thank you, sir.
CHAIRMAN SENATOR PEELER: Representative Whitmire.
REPRESENTATIVE WHITMIRE: Thank you, Mr. Chairman. Mr. Biggs, thank you, like Representative Davis said for your military service.
MR. BIGGS: Thank you, sir.
REPRESENTATIVE WHITMIRE: Very fortunate to have people like you willing to serve. How many veterans do you serve in your nursing homes?
MR. BIGGS: In South Carolina the two veterans homes we have are 220 beds each. They're --they're both full. They -- we have over 600 people on the waiting list to get in. The Maryland facility has -- we serve over 400 veterans a day. The Alabama homes, three of them are 150 beds. One of them is 256 beds, and then in Texas we serve about 400 beds total.
REPRESENTATIVE WHITMIRE: Is this mostly Vietnam era veterans?
MR. BIGGS: The majority of our veterans we're caring for now are Vietnam era. When I first started when Governor Campbell was in office and I went out to tour the home, not sure if I was even interested in the position, it was mostly World War II veterans. And when I toured that home, I saw a little bit of my dad in every one of them, and I knew that's where I needed to be and it was the greatest move I've ever made in my career.
REPRESENTATIVE WHITMIRE: Thank you so much for that. And how long have you lived in Salem?
MR. BIGGS: I just moved to Salem two years ago. I lived in Anderson for 20-something years before that. I lived in Aiken County for a little while. I lived in Union for a few years running a private nursing home there.
REPRESENTATIVE WHITMIRE: Well, welcome to God's country. You picked the right place.
MR. BIGGS: We love it there.
CHAIRMAN SENATOR PEELER: Any other questions or comments? Desire of Committee? Motion is favorable.
SENATOR VERDIN: Second.
CHAIRMAN SENATOR PEELER: Second's heard. Any other discussion? Then we'll take it to a vote. All in favor raise your right hand. It's unanimous. Thank you, sir.
MR. BIGGS: Thank you, sir.
CHAIRMAN SENATOR PEELER: Thank you for your willingness to serve. Next, 1st Congressional District of Carolina University, Seat 1, George Mullen, Hilton Head Island. 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: Would you like to make a brief statement?
MR. MULLEN: Thank you. I'm George Mullen from Hilton Head. I've had the pleasure of being on this board for the last six years. I became interested in Coastal because I had a son there in a special program that they had for special needs kids. He's now graduated that program, but we -- we make a point of going back a number of times a year to football games, basketball games and of course the baseball games, including going out to Omaha which was probably one of the more exciting things I've had happen during my six years on the board. Coastal is a dynamic place. It is growing both in programs that we offer, academic programs, as far as facilities that are growing, and -- and a slight growth in the -- the number of students, but it's -- it's an exciting time. We have a dynamic administration there that unfortunately is getting ready to turn over in 2021. That brings new challenges. I'd like to have the opportunity to be on the board to help see the school through that transition.
CHAIRMAN SENATOR PEELER: Thank you. Questions or comments? Senator Scott.
SENATOR SCOTT: Thank you so much. Thank you, Mr. Mullen, for your willingness to serve. Tell me a little bit about what you know about Coastal and its diversity program. It appears that your --
MR. MULLEN: Well --
SENATOR SCOTT: -- chairman/vice chair didn't know very much.
MR. MULLEN: Well, we started the program at the beginning of the academic year last August.
SENATOR SCOTT: Okay.
MR. MULLEN: Dr. Stokes-Brown retired as the director of that program. I'll be honest with you, when you asked that question, I did not know her name, so we quickly Googled it while I was back there. I didn't know when we started the program, but I knew that we -- we had that. As far as you asked about the racial diversity of the school --
SENATOR SCOTT: So that means that the board has not asked your diversity officer to come and update you to what's going on in the school?
MR. MULLEN: Our diversity officer I believe has appeared before the board twice --
SENATOR SCOTT: Okay.
MR. MULLEN: -- once when she was first hired and then shortly thereafter.
SENATOR SCOTT: Okay.
MR. MULLEN: But no, other than that during this academic year, that's the only two times that she has appeared before the board. Various members of administration come and make presentations. I would say the presentations on the diversity issues are usually presented by Travis Overton who is the chief of staff at the school. He has I guess sort of held that role without that title prior to beginning the diversity program that we started. So prior to all this, we didn't have a formal diversity officer.
SENATOR SCOTT: Do you think that diversity officer now can do their job and so they can give you some input so you look at some of both your -- some of both of your programs with how you look faculty-wise, the direction that the school is going in? Sometimes as a school grow, we lose track of some of the mission, especially when a school that has 50 percent of its out-of-state students. Looking at those young students and I heard earlier that those who wanted to come come, and eventually that won't be the case as the school continue to grow and especially being able to attract both faculty and staff to balance your school off. So I don't know what you walked away with from the second meeting from that first. It sounds like not very much.
MR. MULLEN: Let's talk first look at the positive of this. Our school is extremely diverse. Almost 30 percent of our students are from a diverse background. 20 percent are African American. Five percent are of multicultural. Less than four percent are Hispanic. And I can remember this as a very specific question that I talked with the officer when she was at our board meeting. For a state that now has a rapidly growing Hispanic population, less than four percent is an area that you have an opportunity to target South Carolinians in. Hilton Head High School, where my son went, today has a Hispanic population of 38 percent, and yet -- and I'm assuming that for Hilton Head's population that is probably not that unusual across the state of South Carolina.
SENATOR SCOTT: That's correct. That's correct.
MR. MULLEN: And yet less than four percent of our student body being Hispanic, it -- it makes me wonder if we are missing targeting not only for the growth of our school but for the opportunity of these very students to give them the opportunity come there.
SENATOR SCOTT: Multicultural is correct.
MR. MULLEN: So that is an area that I think that we can certainly do better at.
SENATOR SCOTT: Tell me about
MR. MULLEN: And I think that clearly having a diverse -- a diversity officer, the program focus -- needs to focus on that.
SENATOR SCOTT: I really appreciate you knowing numbers for your student body. Tell me about faculty and staff. Are you up to date on that as well?
MR. MULLEN: I can tell you that the discussions that we've had is that we have issues on our faculty like many universities do --
SENATOR SCOTT: Okay.
MR. MULLEN: -- attempting to attract quality faculty of minorities with quite frankly the level of pay that we pay our faculty in South Carolina. We are competing with schools across the country for that, and probably we do not have the progress that you would like for me to be sitting here telling you we have. As far as numbers, I cannot tell you that. I can tell you that in our administration there is a lack of diversity there.
SENATOR SCOTT: Okay.
MR. MULLEN: Our chief of staff is a minority member. We have an opening for our general counsel which I have strongly recommended a member of our board currently who I think would make a great addition. And certainly one of the issues is that we need to increase our -- our minority presence in that --the administration area.
SENATOR SCOTT: Mr. Mullen, I really appreciate -- really appreciate your openness to be there -- to be there and sit there and talk about it. Thank you so much.
MR. MULLEN: Yes, sir.
CHAIRMAN SENATOR PEELER: Representative Clary.
REPRESENTATIVE CLARY: Good afternoon, Mr. Mullen. In your information you pointed out that your biggest weakness that you view at Coastal is the endowment. What kind of steps are being taken to -- to grow that endowment, Mr. Mullen?
MR. MULLEN: Well, we currently have a program that is called the I'M IN endowment program. The -- the goals of that program are 20 million dollar increments which I thought was not as aggressive as I would like to see, but they point out that when we -- when I first got on the board six years ago our endowment was about 25 million. Today it's about 45 million. It's still woefully inadequate, but it is going in the right direction. You know, I look back and see that Carolina can have a billion dollar program and Clemson can have a billion dollar program. I suggested that our goal should be a hundred million, and in talking with our development officers, they simply said part of the problem is that we do not have an alumni base that will support that type of giving at this time. So, you know, we -- we've started -- we're making incremental steps. Hopefully it will get more aggressive as the university staff begins to grow.
REPRESENTATIVE CLARY: When you mentioned that hundred million to your development officers, you probably had to revive them.
MR. MULLEN: They were not pleased with what my aspirations were in that area.
REPRESENTATIVE CLARY: Thank you, sir.
CHAIRMAN SENATOR PEELER: Anyone else? Desire of the Committee?
REPRESENTATIVE CLARY: Favorable.
CHAIRMAN SENATOR PEELER: Favorable. Second?
REPRESENTATIVE DAVIS: (Indicating.)
CHAIRMAN SENATOR PEELER: Any discussion? Hearing none, take it to a vote. All in favor raise your right-hand. Unanimous. Thank you.
MR. MULLEN: Thank you very much.
CHAIRMAN SENATOR PEELER: Finished Coastal Carolina. Now we will move to The Citadel, At-Large. Eugene Pinson from Greenwood.
MR. PINSON: Thank you, Mr. Chairman. Glad to be here with you.
CHAIRMAN SENATOR PEELER: Yes, sir. Good to see you, sir. Swear you in.
MR. PINSON: Wonderful looking committee you have here.
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?
MR. PINSON: I do.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement?
MR. PINSON: Yes, Mr. Chairman and fellow board members. I appreciate the opportunity to be here with you. The last six years at The Citadel have been dynamic, flexible, successful. A lot of positive things taking place. Since I've been on the board for the last six years we were voted the number one college in the south, offering the master's with -- with -- compared with schools offering master's degrees. And there's a lot of talk about veterans just a few minutes ago. We're the number one school in the south as far as service to our veteran population also. So a lot of good things. New building programs going on. Mechanical engineering as a response to industrial growth in the state of South Carolina. We started our first full year last year, our new bachelor's degree in nursing also, as well as cyber security. So we're into those three programs very heavily. We maintain an atmosphere of being flexible and ready to meet the needs of the state, as well as the nation. My dad's a graduate in 1931. My uncle graduated in '55. My brother graduated in '65. I graduated in '72. My two sons graduated from there in '01 and '04. My first cousin graduated in 1970 and his son graduated in 2003. So there -- there have been a number of Pinsons through those walls at The Citadel. And the state is very proud of The Citadel. We're very proud of our heritage and the state of South Carolina. And we're also an international institution. We've got people from countries all over the world as well as 38 rep -- 38 states being represented. It's fun. It's the greatest group of guys and -- and ladies that you ever deal with, believe me. Thank you.
CHAIRMAN SENATOR PEELER: Thank you. Questions or comments?
REPRESENTATIVE WHITMIRE: Got one.
CHAIRMAN SENATOR PEELER: Representative Whitmire.
MR. PINSON: I've heard of you.
REPRESENTATIVE WHITMIRE: Thank you for your service, Gene. You've done an outstanding job. Gene and I came in together way back when. In just a few minutes I'm going to ask for a favorable report because a lot of the House members have asked me to please keep him on The Citadel board. They don't want him back in the House.
CHAIRMAN SENATOR PEELER: There's a method to this madness.
SENATOR VERDIN: Mr. Chairman.
REPRESENTATIVE WHITMIRE: There you go.
CHAIRMAN SENATOR PEELER: Senator Verdin.
SENATOR VERDIN: I would be remiss in not also noting a personal interest that Mr. Pinson takes in not just the family as it exists but the future of the family. He's very active in student recruitment and developing the interest among prospective students there in the -- I was going to say Eighth Circuit, lower Piedmont County, I'll put it that way So -- and I'm the beneficiary of some of that nurturing. He was counseling with one of my children that's a 2016 graduate. So appreciate that.
CHAIRMAN SENATOR PEELER: Representative Davis.
REPRESENTATIVE DAVIS: Thank you. Good afternoon.
MR. PINSON: Good to see you.
REPRESENTATIVE DAVIS: Good to see you again. My son, as you know, graduated in May of 2018, and so I'm very familiar with the need the capital needs at The Citadel and I -- I see that you've noted that as well on -- on your questionnaire. What ideas do you have for raising capital for primarily what I see, building needs?
MR. PINSON: Well, we're in process now --we just got through with our annual Corps date. Over 52 percent -- I don't have the figures for this Corps date, but last Corps date 52 percent of the alumni contributed to that one fund. So we're constantly raising money. You can't raise enough. Citadel alumni are prone to give back to the school. I think the only competition within the Southern Conference is actually VMI. They give it a little bit higher percentage per -- per alumni than we do. We're constantly raising money. Luckily the building we're breaking ground for this week, the Bastin -- excuse me -- yeah, excuse me, Rick Bastin business administration school is a 60 million dollar project we're breaking ground for today. Capers Hall, as you're familiar with, the liberal arts building, is right when you come on campus to the left. We're trying to raise money for it. 6 million dollar project. When we were looking at this thing five years ago, it was 56 million dollars. So we're trying to stay ahead of the curve. It costs a lot of money in Charleston to live and to build. But we're -- we're on -- right now we have the business school. We've got the liberal arts building, Stevens Barracks. We've got turf replacement at the football stadium. That's already paid for. We'll have all the money available to do the east side stands in the next two years. So we're constantly doing it. Just finished the boat --Swain boat center. All these are privately funded. So we don't come to the state asking for a whole lot of money. We think The Citadel alumni community will respond to the needs.
REPRESENTATIVE DAVIS: Is Fifth Battalion on that list anywhere?
MR. PINSON: That is an interesting question. It is. We've looked at plans to relocate it. But I think that somewhere along the line the board is going to have to make a determination what we want to see the size of the Corps of Cadets, whether we want to be at 2000 or whether we want to be at 2400. We've got to make that decision, and once that decision's made, that will determine what we're going to do with Stevens Barracks. I lived in Stevens Barracks. A lot of fond memories in those walls.
REPRESENTATIVE DAVIS: I bet. All right. Thank you. CHAIRMAN SENATOR PEELER: You're under oath, you do know that. That's what you're claiming.
MR. PINSON: My upper class years were pretty fun.
CHAIRMAN SENATOR PEELER: Okay. Representative Clary.
REPRESENTATIVE CLARY: Thank you, Mr. Chairman. The great thing about it, Mr. Pinson, is that as we grow older those -- those bad experiences kind of fade away and you only remember the good things. But when we talk about limited space in the Corps of Cadets -- and I hear you talking about 2000, 2400. I know that -- that you have a shortage of living quarters of -- of residence halls, tell me -- and you mentioned a new residence hall building. What --what will that do to alleviate some of those issues?
MR. PINSON: Well, I -- when I was in school, it was called the Fourth Battalion. Now it's actually the Fifth Battalion. It houses approximately 625 kids. So it's -- it's an old -- it's an old building, built -- built in 1947, Stevens Barracks. It's in very bad shape and we put over a million dollars a year into it to keep it up. When I say we can make the decision -- we've got limited space granted now, but we're going -- and we're going do this based on forecast. And we just got to make the determination what we want the size of the Corps to be. If we want it to stay at 2400 -- well, actually 2345 today, we're going to have to build a new facility. Now, when you build a new facility in Charleston, especially where The Citadel is located, it takes planning because one thing offsets another thing, offsets another thing, offsets another thing. And we've got limited space to grow. We're being indulged by concrete, asphalt and steel all around the campus now. I hope the place doesn't sink. But that's what we're looking at. So once we make the determination what in 20 years we want the Corps to look like, I think then we'll make the decision on what to do with Stevens Barracks.
REPRESENTATIVE CLARY: I guess my -- my next question then, you're spending a million dollars a year on it.
MR. PINSON: Yes, sir.
REPRESENTATIVE CLARY: What are your short-term plans to try to alleviate the issues if it's in the shape that you say it is --
MR. PINSON: Well, it -- it -- it's a different generation we're dealing with. I was reading an article about Presbyterian College the other day, and the president of student body when they're breaking ground on the new dorm was talking about the kids today want a real formal, extremely nice atmosphere. That's not quite the game at The Citadel. Maybe at Clemson too. But it was fine, believe me. I -- I can live in it. Today's crowd we -- they look at things a little bit different. They want a little bit nicer facility.
REPRESENTATIVE CLARY: Oh, I --
MR. PINSON: But it's very livable now.
REPRESENTATIVE CLARY: I get it.
MR. PINSON: You go to VMI, you'll see real bad barracks.
REPRESENTATIVE CLARY: You know, if -- if I could move into Douthit Hills, I believe I would at Clemson.
MR. PINSON: Yes, sir.
REPRESENTATIVE CLARY: Thank you very much. Appreciate your service.
MR. PINSON: Thank you.
CHAIRMAN SENATOR PEELER: Anyone else?
REPRESENTATIVE CLARY: Favorable.
REPRESENTATIVE DAVIS: Second.
CHAIRMAN SENATOR PEELER: Before we take a vote, I was teasing you about under oath. I always feel funny swearing in a preacher or a Citadel graduate. It just seems so unnecessary.
REPRESENTATIVE DAVIS: Redundant.
CHAIRMAN SENATOR PEELER: No other discussion, we'll take it to a vote. Raise your right hand.
MR. PINSON: Thank you, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Unanimous.
MR. PINSON: -- if I can say one thing. On behalf of Senator Scott, Bill Pickering is our diversity officer and does a great job. Citadel alumni himself.
SENATOR SCOTT: And also your former commander was -- I -- I -- I mentioned him last year when he talked about how well y'all were doing with diversity especially your cadets who were in charge of barracks, some of the lead personnel that y'all had. And so y'all have been really, really working to improve diversity there. And I keep telling folk you win a lot of national awards across the country. Really take a look at those and you would get extra points when you're competing -- when you're competing with that. Thank you.
MR. PINSON: Thank you. The eyes of the world are always on The Citadel and I hope it's on a positive note.
CHAIRMAN SENATOR PEELER: Thank you, sir.
MR. PINSON: Thank y'all.
CHAIRMAN SENATOR PEELER: Next we'll move to Wil Lou Gray Opportunity School. Deborah Blalock, Charleston. We're running a little ahead of schedule which is unusual for us. Dan Dobson from Myrtle Beach.
MR. DOBSON: Yes, sir.
CHAIRMAN SENATOR PEELER: Let me swear you in, Mr. Dobson.
MR. DOBSON: Okay.
CHAIRMAN SENATOR PEELER: Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?
MR. DOBSON: I do.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement on why you'd like to serve on the Wil Lou Gray Opportunity School board?
MR. DOBSON: Yes, sir. My name is Dan Dobson -- Dan Austin Dobson, and I'm from Myrtle Beach, South Carolina, originally from the upstate, Greenville/Spartanburg area, grew up in -- in Spartanburg County. I am very interested in serving Wil Lou Gray Opportunity School as a member of the board of trustees. I have had a great interest in youth and education throughout the years. Of note, I have volunteered on numerous occasions as a chaperone for James F. Byrnes Rebel Regiment marching band, Spartanburg County in District Five of which my son was a member. I volunteered with Troop 24, Boy Scout troop in Lyman, South Carolina, and which both of my sons achieved the Eagle rank award. I'm very proud of them for doing that. I served as a chaperone for numerous class field trips at schools -- three different schools that my wife worked at in the computer labs. I was a member of the Kiwanis Club of Greer for 16 years serving in various officer capacities, including two times as president. I was honored with the distinguished club president's award that I was able to achieve by my -- with the help of my fellow members. We were able to -- we had to complete a required number of projects to be able to do this, and they were really beneficial in helping me do this. One of the key initiatives of the Kiwanis Club is the Terrific Kids Program that we are -- that they were so highly involved in, and it's really a terrific program to help these kids that achieve good things, character and academic recognition. My passion is for helping children most likely derived from my wife Virginia who is behind me supporting me who worked in Spartanburg County District School Five. She drove a school bus and worked in the computer lab, and she was really happy with her work. She had a lot of -- a lot of issues with children to deal with, but she was very good at it, I might say. Like myself, she has a passion for working with children. After retiring, we both drove buses for the athletic department at USC upstate where we transported kids back and forth to different sporting events, and some of those trips were driving them to Charlotte when they went out of town to various destinations. While retired I continued to give -- to strive to find ways to serve my state and my community in the Myrtle Beach area. My hope is that all children in our state will have the opportunity to succeed in life. I feel like my involvement with the board of trustees would provide that opportunity. Thank you for your consideration and I have -- hope to have the opportunity to serve you.
CHAIRMAN SENATOR PEELER: Thank you, sir. Questions or comments from the Committee? Representative Davis.
REPRESENTATIVE DAVIS: Thank you, Mr. Chairman. Do you have any specific ties to Wil Lou Gray, or if not, what are your specific interests in --in that -- in serving on that board?
MR. DOBSON: My ambition would be to -- to get in on this board of trustees and to be able to help provide a new fresh look -- perspective on. If there were some -- any kind of areas of weakness, I would -- I feel like I could be an asset to being on that committee and being able to work with kids and come up with some fresh new ideas.
REPRESENTATIVE DAVIS: So you do not have any direct ties with Wil Lou Gray now?
MR. DOBSON: No. No, I do not.
REPRESENTATIVE DAVIS: Okay. Thank you.
CHAIRMAN SENATOR PEELER: Others?
SENATOR VERDIN: Fine with me. Favorable.
CHAIRMAN SENATOR PEELER: Is there a second? REPRESENTATIVE CLARY: Second.
CHAIRMAN SENATOR PEELER: Any discussion? Take it to a vote. All in favor raise your right-hand.
MR. DOBSON: Thank you, sir.
CHAIRMAN SENATOR PEELER: Thank you, sir, and I appreciate your willingness to serve.
MR. DOBSON: Thank you. Thank you, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Ms. Blalock, you catch your breath Ms. Deborah Blalock, Charleston, At-Large, Wil Lou Gray Opportunity School.
MS. BLALOCK: Good afternoon.
CHAIRMAN SENATOR PEELER: Swear you in. 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: Would you like to make a brief statement?
MS. BLALOCK: I've been serving on the board for the last four years and I'd like to continue my service.
CHAIRMAN SENATOR PEELER: I love it.
MS. BLALOCK: That's brief.
CHAIRMAN SENATOR PEELER: Questions or comments from the Committee? Senator Scott.
SENATOR SCOTT: Oh, okay. I was looking for an opening statement, but they said that was it. Tell me a little bit about your mental health experience and what that has done to add to service on the Wil Lou Gray board --
MS. BLALOCK: I think --
SENATOR SCOTT: -- especially with some of those young people coming with all kinds of problems.
MS. BLALOCK: Yes, sir. I think it's been helpful. So I've been with the Department of Mental Health for 25 years, and I think my experience with the department has -- I've been able to transfer some of that knowledge in my service on the board and make -- help -- help Wil Lou Gray make some connections for services for kids sometimes who need those services at some of the mental health services where those kids come from. And I think that's been useful. And I also think my knowledge of state agency and state government has been useful to the board. I can help explain things to maybe other board members who don't understand necessarily how state agency works. But I definitely think my mental health background has been helpful.
SENATOR SCOTT: No more.
CHAIRMAN SENATOR PEELER: Representative Whitmire.
REPRESENTATIVE WHITMIRE: Thank you, Mr. Chairman. Ms. Blalock, thank you for serving on the board. My subcommittee here is Wil Lou Gray when they make their presentations, and I have to say I'm extremely impressed with the job that the administrators and the board does down there with the students, the way you turn them out and just a real success story. So thank you for what you do, and I want you to thank the rest of the board from me also.
MS. BLALOCK: Thank you. Will do. It's -- it's an impressive agency. I didn't know much about it until I became a member of the board, and I'm blown away by the work that they do.
CHAIRMAN SENATOR PEELER: Representative Clary.
REPRESENTATIVE CLARY: Thank -- thank you very much, Ms. Blalock, and -- and I think you bring a very unique skill set to -- to Wil Lou Gray. It's something that -- it's a shame that we don't have more people like you to scatter around on our various boards in -- in the state. But in talking about Wil Lou Gray, I know every year when we have Wil Lou Gray that -- that comes in and -- and brings your students, I am so impressed with -- with those young men and women and the -- the job that y'all are doing. I know that I have colleagues who talk about the -- the cost of -- of each student, but I think when you see the results, it certainly -- certainly very well spent. So, once again, as Representative Whitmire says, please convey to -- to your other board members and -- and to the staff there that you're -- you're doing a great job. We appreciate it. Thank you for serving.
MS. BLALOCK: Thank you.
CHAIRMAN SENATOR PEELER: Senator Verdin.
SENATOR VERDIN: Thank you, Mr. Chairman. I also appreciate the work you've done with not only with Wil Lou Gray and also as we've interacted with DMH. And I have a specific inquiry related to your employment. Are you doing your administrative work from Charleston or -- I'm con -- I'm interested if there's a commute, how you're doing it.
MS. BLALOCK: I commute. I come up on Mondays and rent an apartment and go home on Fridays.
SENATOR VERDIN: Well --
MS. BLALOCK: I commute. It's tough.
SENATOR VERDIN: It - is doable.
MS. BLALOCK: It's doable.
SENATOR VERDIN: It's doable.
MS. BLALOCK: It's tough, but it's doable. My husband might actually like it, I don't know.
SENATOR VERDIN: How long have you --I'm curious, how long have you actually been in that commute?
MS. BLALOCK: Charleston? 50 -- let's see. I'm 59. 57 years.
SENATOR VERDIN: Well, the commute --
MS. BLALOCK: Oh, the commute?
SENATOR VERDIN: The commute as director --
MS. BLALOCK: Oh, I'm sorry, I thought you said --
SENATOR VERDIN: -- deputy director of community services.
MS. BLALOCK: A year -- it was a year January 8th. Yeah, so a little over a year.
SENATOR VERDIN: You can do anything for a short period of time -or for a prescribed --
MS. BLALOCK: I tell myself.
SENATOR VERDIN: -- if you know what --that's all right.
MS. BLALOCK: That's what I tell myself. Yeah. The weeks go by really quickly. I'm super busy, so that part's good.
CHAIRMAN SENATOR PEELER: Any others?
SENATOR VERDIN: Favorable.
CHAIRMAN SENATOR PEELER: Motion is favorable.
REPRESENTATIVE DAVIS: Second.
CHAIRMAN SENATOR PEELER: Seconded. Any other discussion? Hearing none, we'll take it to a vote. All in favor raise your right hand. It's unanimous. Thank you so much --
MS. BLALOCK: Thank you.
CHAIRMAN SENATOR PEELER: -- for what you do. Now we have Robert Nichols Collar, Bluffton, Wil Lou Gray Opportunity School, At-Large. Swear you in, sir. 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: Would you like to make a brief statement?
MR. COLLAR: I -- along with Ms. Blalock, I've been serving for the past four years at the Wil Lou Gray Opportunity School. I've greatly appreciated and enjoyed it and would like to continue to do so with your all's blessing.
CHAIRMAN SENATOR PEELER: Questions or comments? How long have you been on the board?
MR. COLLAR: Four years.
CHAIRMAN SENATOR PEELER: Four?
MR. COLLAR: Yes, sir.
CHAIRMAN SENATOR PEELER: Representative Clary.
REPRESENTATIVE CLARY: Mr. Collar, I note that you are currently the assistant superintendent. Is that in Clarendon County?
MR. COLLAR: Yes, sir, Clarendon School District One.
REPRESENTATIVE CLARY: And what -- what led you to serve on the Wil Lou Gray board initially?
MR. COLLAR: Initially I have been very fortunate and really attribute the success of my educational career of starting my very first job out of the University of South Carolina at the Wil Lou Gray Opportunity School. Mr. Smith and his fantastic staff kind of led me to -- with my love of children and at risk youth. Unfortunately in the state of South Carolina, human service specialists twos don't make a whole lot of money and they pointed me in the direction of public education, thought I might be better suited there. So I went to Richland School District Two, but I've always looked at my experiences there and the staff there and have always wanted to assist them in any way necessary and bring some of my experiences to the board just as a -- as a helping hand or a sounding
board.
REPRESENTATIVE CLARY: Thank you very much. Appreciate your service.
MR. COLLAR: Thank you.
CHAIRMAN SENATOR PEELER: Anything?
REPRESENTATIVE WHITMIRE: Favorable.
REPRESENTATIVE DAVIS: Second.
CHAIRMAN SENATOR PEELER: Seconded. Any other discussion? If not, we'll take it to a vote. All in favor raise your right-hand. It's unanimous. Thank you so much.
REPRESENTATIVE DAVIS: Thank you.
CHAIRMAN SENATOR PEELER: Now we'll move to Medical University of South Carolina, 4th Congressional District, medical seat, Frederick Butehorn, Spartanburg. Afternoon, Doctor.
DR. BUTEHORN: Hi, President Peeler. How are you?
CHAIRMAN SENATOR PEELER: All right. Swear you in. Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?
DR. BUTEHORN: Yes, sir.
CHAIRMAN SENATOR PEELER: Like to make a brief statement?
DR. BUTEHORN: I'm Henry Frederick Butehorn, III. My friends call me Fritz and most people call me Fritz. I'm from Spartanburg. I'm privileged to be here today, and it would be such an honor to serve my alma mater at the Medical University of South Carolina board of trustees. I feel that the way the state has set up the board of trustees having a healthcare provider and then a layperson in each district is very wise, and I hope that my experience as a physician not only representing Spartanburg but the upstate as well as the whole state on various other boards, which I can go into if need be, will provide a good leadership qualities -- or good leadership qualities to help with the board of trustees.
CHAIRMAN SENATOR PEELER: Questions or comments? Senator Scott.
SENATOR SCOTT: Thank you. Thank you for your willingness to serve. We -- we screened you a while back?
DR. BUTEHORN: I believe we did, yes.
SENATOR SCOTT: And what happened in that process prior to the time to get votes? Do you recall anything unusual that took place?
DR. BUTEHORN: No, sir, I'm not aware of anything unusual.
SENATOR SCOTT: Were there any communication between you and any legislators from your area or another area?
DR. BUTEHORN: Well, I communicated with people that I was interested in the seat, but beyond that, no, sir.
SENATOR SCOTT: I'm talking about -- the interest as it relates to -- there was another candidate as well, if I can recall, that was in that race. Were -- were there any communication between you and -- and any other legislator to get the other candidate out of the race?
DR. BUTEHORN: No, sir.
CHAIRMAN SENATOR PEELER: Any other questions or comments? So you didn't ask for a commitment prior to the time?
DR. BUTEHORN: No, sir, not any way. Certainly this is my first time doing this. I followed the rules. In no way, shape or form. (Senator Alexander entered the proceedings.)
CHAIRMAN SENATOR PEELER: Representative Whitmire.
REPRESENTATIVE WHITMIRE: Thank you, Doctor. Are you aware what we were made privy to? I mean, we had some real discussions and heartburn over this whole issue because we were led to believe the other candidate was pressured to get out. Whether he would have won or not, that's immaterial. So what I'm concerned about is did anyone interfere on your behalf, whether you knew it or not? Because we -- we need to put a stop to that going forward.
DR. BUTEHORN: Well, I would certainly understand that. I'm not aware of anything that -- I most certainly am not aware of anything.
REPRESENTATIVE WHITMIRE: I take you at your word.
CHAIRMAN SENATOR PEELER: Representative Clary.
REPRESENTATIVE CLARY: Dr. Butehorn, I think that the day that you were screened was January 14th of -- of this year, if I'm -- if I'm not mistaken.
DR. BUTEHORN: I'll take your word for that. I don't remember exactly.
REPRESENTATIVE CLARY: And on that date and in subsequent dates thereafter, did you have any telephone conversations, any text communications with any member of the General Assembly concerning the seat?
DR. BUTEHORN: Not concerning the board of trustee seats, no, sir.
REPRESENTATIVE CLARY: None whatsoever?
DR. BUTEHORN: No, sir.
REPRESENTATIVE CLARY: Thank you, sir.
CHAIRMAN SENATOR PEELER: How do you do, sir. You have a question?
SENATOR ALEXANDER: I do, sir.
CHAIRMAN SENATOR PEELER: Senator Alexander.
SENATOR ALEXANDER: So just listening to the response to the last question when you said you had no communication regarding the board of trustees --
DR. BUTEHORN: Yes.
SENATOR ALEXANDER: -- seat, so do I take from that you may have had other conversations with members of the General Assembly?
DR. BUTEHORN: I'm on the PAC board and we lobby for multiple issues, and one of those issues is medical marijuana which was very hot at the beginning of the session. So, yes, I was talking to people about that. I may or may not have seen some of y'all at an event that I was invited because I'm on the PAC board. I'm the chairman of the PAC board.
SENATOR ALEXANDER: Just wanted further clarification.
SENATOR SCOTT: Chair.
CHAIRMAN SENATOR PEELER: Senator Scott.
SENATOR SCOTT: Did any -- anyone -- was there any lobbyist who represented either your agency or represented you before this body having communication with members of the General Assembly as it relates to your -- to that election?
DR. BUTEHORN: I've had no lobbyist for this position in no way, shape or form, no, sir.
SENATOR SCOTT: Is there a particular lobbyist that you -- that you do have a relationship with that represent either your company or that you know that represents somebody else before this General Assembly?
DR. BUTEHORN: I have relationships with the South Carolina Medical Association lobbyists. I've known them for 15, 20 years through my -- my work, but I don't personally have a lobbyist and --
SENATOR SCOTT: Did any of them act on your behalf as it relates to that election, was involved at any aspect of the election?
DR. BUTEHORN: No, sir. I'm not aware that anything happened past a screening point and that was it. I was not allowed to do anything beyond that point.
CHAIRMAN SENATOR PEELER: Anyone else? Representative Davis.
REPRESENTATIVE DAVIS: Thank you, Mr. Chairman. As far as your involvement in the issue around medical marijuana, do you see that in any way as a conflict in your position on the MUSC board?
DR. BUTEHORN: No, ma'am. I believe that any physician who looks at these issues will come up with their opinions. Obviously my position on the board of trustees would be taken as a representative of physicians as a whole for the Congressional District 4. So I don't think my personal opinion would affect my ability to be on the board of trustees.
REPRESENTATIVE DAVIS: Okay. But as you probably know, that's sort of a political -- it's a --it's a political and a medical issue. It's become political for whatever reason, but --
DR. BUTEHORN: It's become a political issue --
REPRESENTATIVE DAVIS: Uh-huh.
DR. BUTEHORN: -- but if you ask the physicians, it's not a medical issue. I think the politicians have tried to make it a medical issue. So that's the -- the thing that most physicians would fall in that line. You may find a few on the other side, but I have very strong beliefs on that particular issue.
REPRESENTATIVE DAVIS: Okay. All right. I -- I just --
DR. BUTEHORN: I'm happy to -- to further talk about it.
REPRESENTATIVE DAVIS: Well, I just wanted to sort of reconcile that in my mind about -- about whether or not that was a conflict. So thank you. I appreciate your input.
DR. BUTEHORN: I would certainly be a major advocate for having further research done, and if MUSC can -- can be a venue to do that research, that would be wonderful. I do think there needs to be a lot more research before we turn -- turn that loose.
REPRESENTATIVE DAVIS: Thank you.
CHAIRMAN SENATOR PEELER: Senator Scott.
SENATOR SCOTT: Thank you again, Doctor, for -- for -- for being here and answering these questions. What is troubling to me is that prior to this last election members of this General Assembly took it upon themselves to actively be involved in election prior to time to get votes, and with you having no relationship with lobbyers, no relationship with members of the legislature, I just kind of -- I'm just trying to kind of figure all this -- all this out. Why would they have such a major interest in this election if you had no relationship with -- with anybody other than with your association? That's what's troubling me. I'm not -- not able to get my arms around it. You have no relationship with anybody on these legislators. You have no relationship with the lobbyists, but they had all this major interest in either getting the other person out of the race so that the race would be a race ran with just one candidate in it.
DR. BUTEHORN: Once again, you can certainly elaborate more about -- I'm kind of working without all the cards you have apparently. I don't know --
SENATOR SCOTT: Right.
DR. BUTEHORN: -- the details you're talking about. I do have relationships with practically everybody. I know all the people who are elected in Spartanburg County. I -- I think it's my issue as a citizen to do that. I know Senator Peeler. He's come to our legislative sessions that we have once a year. I've kind of started that in Spartanburg to try to get everybody involved and get physicians to meet our legislators. So do I know the legislators? Yes, I do. I know them and I hope they have a positive view of me. Beyond that, I have supported a few which I think you have on the -- beyond that -- that's -- that's it. I do feel like I can call my legislators if I have an issue as a representative of the government, and that's what I -- I try to do. I tried to -- have I called anyone about this position asking for their commitment or their vote? In no way, shape or form.
SENATOR SCOTT: If anything happened, they acted on their own is what you're saying?
DR. BUTEHORN: I would say that. I'm not aware of -- I know something's happened and things have happened, but I am not aware of all the things. I'm really not.
SENATOR SCOTT: Okay.
DR. BUTEHORN: A bit mysterious.
CHAIRMAN SENATOR PEELER: Anyone else?
SENATOR VERDIN: Mr. Chairman.
CHAIRMAN SENATOR PEELER: Senator Verdin.
SENATOR VERDIN: Thank you, Mr. Chairman. I want to thank Dr. Butehorn for the response on the research that is inevitably got to transpire in this country as it relates to the plant. And you and I have had had multiple conversations about it, formally, informally, and I appreciate your candor. Also the -- I lost my train of thought. I do want to thank you for that acknowledgement going forward. Oh, yeah, we were talking about cannabis. Some people talk about medical marijuana. I talk about medicinal cannabis because -- and I don't want to hear it right now. Not the time or the place. Normally that's been my question for everyone. And I thought I might jog back around to my part B comment, but I don't want to -- didn't want to fail to acknowledge the -- whether it be the medical community or the law enforcement community, they're coming up and -- and of course as representative of the CM -- SCMA, y'all have been very -- much more pronounced in your address of the issue this year, and that's what it's going to take going forward. So I thank you for that on part of the SCMA. Rather than neutrality, we need to know where people are and be able to address the concerns, qualms, issues, fears, and certainly deferring to your medical -- which is what we're doing here, by the way. There's a reason we're putting MDs on there, not because you're an alumnus, because that you've been in practice and then now you can take those perspectives and those experiences back to your alma mater and then the next generation. So I thought I'd get back to it, but I didn't. So there was something else stuck back there, but --
DR. BUTEHORN: Thank you. I know we've had a lot of conversations about it and --
SENATOR VERDIN: It's inevitable for -- from -- from where I sit, from where the chairman, President Peeler used to sit, and from the actions of SCMA, you know, we're going to -- we can sit back and do nothing or we can grapple over it, and I think we best serve our constituencies by grappling over it. That will enable us to have the conversation of how far the political debate has outrun the medical debate. And for you to say, "Certainly I would support MUSC's research of the matter," is all the encouragement and comfort that I can take as we try to establish new public policy. I want South Carolina to establish public policy. I don't want a nationalized policy forced on us which is inevitably what's going to happen within a few short years. It's breaking fast, and I want to have a proactive approach and it's going to take everybody, law enforcement, our medical research instruments. And I would like to show the rest of the country a better way, and I think we can do that from the southeast. I think the Mid-Atlantic States, Midwestern states will follow our lead. Some of them will back up on themselves to fix some of the stuff that they've enacted already.
DR. BUTEHORN: I think if you go to states that have enacted it, you will -- and you talk to political officials without a camera present, they will tell you several things that -- that they would like to do differently, and I think South Carolina has an excellent opportunity to do things correctly as you said. Are there positive things to the plant? 100 percent. Are there negative things to the plant? 100 percent. And it's federally illegal and it's classified as a drug that doesn't have medical benefit. So I have a hard time with that.
SENATOR VERDIN: I know that's the silo that we're in currently. That -- the walls of that silo are coming down. FDA is gonna deschedule and the federal government is going to decriminalize and the states are going to be sitting out here saying, "Uh-oh, we now have to do something." I'd rather us get in the game now because what I just said I don't think is more than 18 to 24 months away.
DR. BUTEHORN: I think if we are all looking for our citizens' and patients' best interest, then we all have the right goal, and it's not necessarily the -- the thing that's going to make the state the most money. It would be the thing that is safest for the state and safest for our citizens, and that -- that takes time and it's not something that happens in 18 months. It would be something that takes medical literature for a drug to be approved after you go through a double-blinded placebo controlled trial which is powered enough in order to prove what you need to prove, and that would take, if you're ready to go, probably a minimum of two to three years to actually get your study done. So we don't prescribe drugs or -- we don't prescribe drugs -- that's the important word -- prescribe drugs that -- that aren't FDA approved.
SENATOR VERDIN: Where we have our greatest agreement is in the sanctity of the doctor-patient relationship. Where we're going to struggle going forward as a General Assembly as a country is the efficacy and timeliness of pharmacology and federal regulators. Hanging our hat on a -- on a peg on the ability of the federal government to serve us best is where a lot of this is going to break as well.
DR. BUTEHORN: Well, hopefully we got 50 states and state --
SENATOR VERDIN: Each a laboratory.
DR. BUTEHORN: Right. So that's the way it's supposed to be. So I would agree with you there.
SENATOR VERDIN: Thank you.
CHAIRMAN SENATOR PEELER: Anyone else? Dr. Butehorn, I appreciate your attendance. I appreciate your willingness to serve. I appreciate your forthrightness. The Committee takes very seriously our role and I think you would appreciate that.
DR. BUTEHORN: Yes, sir.
CHAIRMAN SENATOR PEELER: There were some questions that needed to be answered that -- asked and answered, and I'm satisfied with the questions and the response.
REPRESENTATIVE DAVIS: Uh-huh.
CHAIRMAN SENATOR PEELER: So what's the desire of the Committee?
SENATOR VERDIN: I move for a favorable report --
CHAIRMAN SENATOR PEELER: Motion is favorable. Is there a second?
REPRESENTATIVE DAVIS: Second.
CHAIRMAN SENATOR PEELER: Seconded. Any other discussion? We'll take it to a vote. All in favor of a favorable report, please raise your right hand. All opposed raise your right hand. Five positive. Two abstained. Thank you, sir.
DR. BUTEHORN: Thank you.
CHAIRMAN SENATOR PEELER: Appreciate it. Completes our agenda and adjourned.
The screenings were concluded at 2:18 p.m.
DATE: Thursday, April 4, 2019
TIME: 9:30 a.m.
LOCATION: 209 Gressette Building
1101 Pendleton Street
Columbia, South Carolina
Committee Members Present:
Chairman Senator HARVEY S. PEELER, JR.
Senator THOMAS C. ALEXANDER
Senator JOHN L. SCOTT, JR.
Senator DANIEL B. "DANNY" VERDIN, III, Vice-Chairman
Representative William R. Whitmire
Representative Phyllis J. Henderson
Representative Sylleste Davis
Also present: Martha Casto, Julie Price, Staff
CHAIRMAN SENATOR PEELER: I'll call the meeting to order. This is a meeting of the College and University Trustees Screening Commission. I'd like to welcome everyone and pray that God continues to bless us all. We have one appointment today before us, Coastal Carolina University. Our candidate wants to continue to serve on the Coastal Carolina University board. Mr. Turner, if you would, come forward.
MR. TURNER: Yes, sir.
CHAIRMAN SENATOR PEELER: For the record, give us your full name.
MR. TURNER: Thank you, Mr. Chairman. My name is William E. Turner, III.
CHAIRMAN SENATOR PEELER: Let me swear you in. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. TURNER: 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. TURNER: I would. Thank you. I'll be brief. I would like to thank you this morning for having me in. I would first love to thank you for your flexibility. Unfortunately, I was on a business trip in Texas last week, on the 25th, and was unable to be here. But again, thank you for your flexibility and willingness to come back and spend your time for a few minutes with me today. Coastal is a passion for me. I've been involved with the University since -- as a trustee since 2011, 1997 graduate, a native of Conway. So I've watched that university grow and thrive. Growing up there, I remember it as a child with just a few small buildings and a lot of parking lots with empty parking spaces; now, today, a few parking lots and no empty parking spaces. So it's just a beautiful place to be a part of. I'm honored to serve, and with your help, I'd like to continue to do that.
CHAIRMAN SENATOR PEELER: Thank you.
MR. TURNER: Thank you, sir.
CHAIRMAN SENATOR PEELER: Any questions or comments? Senator Scott.
SENATOR SCOTT: First, let me thank you for your willingness to serve.
MR. TURNER: Thank you.
SENATOR SCOTT: I see you have three wonderful daughters.
MR. TURNER: I do.
SENATOR SCOTT: Any of them go to Coastal yet?
MR. TURNER: I have one daughter -- my oldest daughter is a sophomore, about to finish her sophomore year at Gardner-Webb University.
SENATOR SCOTT: Okay.
MR. TURNER: My middle daughter is finishing her junior year in high school, and Coastal's at the top of her list. So I'm praying and crossing my fingers that at least one of them will go to Coastal. And Coastal was at the top of the list for my oldest daughter. But the nursing program was a little bit too new at Coastal for her to go there.
SENATOR SCOTT: Tell us what you really like about Coastal since you've been on the board and some of the things you've been able to improve as result of you being a trustee.
MR. TURNER: Sure. I look around the boardroom and around that table, and I look at some phenomenal professionals in the communities in which they live. The knowledge that they bring to the table is balanced. From a fiscal perspective, I feel like we bring a base that keeps things in check. While we look to grow, we look to grow responsibly and keep our finances in such a manner that we're doing right by the students of South Carolina.
(Senator Alexander entered the room.)
MR. TURNER: So the growth has been phenomenal, as I'm sure you are aware, but it's been managed growth, and that's been very strategic. I think if we wanted to grow at six or seven percent a year, we could certainly do that, but that wouldn't be sustainable from a fiscal perspective. So I think we just simply bring balance. We have a phenomenal administration in President Dave DeCenzo and our Executive Vice President and Provost Ralph Byington.
SENATOR SCOTT: And all that's getting ready to change.
MR. TURNER: It is going to be changing.
SENATOR SCOTT: Tell me a little bit about where you're going with that.
MR. TURNER: So we've established a committee to begin working on the presidential search. That's probably going to take us through the next year to 18 months. I'm not on that committee, but that will be -- the entire board will be active in the second stage, I would say. Once they've put the committee together and started actively pursuing candidates, then the entire board will be involved.
SENATOR SCOTT: What are you looking for in a good president?
MR. TURNER: That's a great question. Number one, someone that's willing to want to be there, I would say, ten years, I think, with the direction that Coastal is going, someone that's going to have a vested interest in sticking around for a little while and helping us achieve the growth that we want to achieve and continue the academic standard that we've set forth and want to maintain.
SENATOR SCOTT: I know the in-state/out-of-state balance has been a real issue for Coastal. You do a lot of out-of-state recruiting. Tell me how you balance that. You all have made several requests back and forth to the higher ed subcommittee for additional funding, although you get local funding as well, and there's a real push to educate South Carolina children. So tell me how you create some balance with that. And that's my last question.
MR. TURNER: So, first and foremost, when we look at our in-state to out-of-state ratio, it's fairly even, within about one percent, depending on what statistics you look at. Some show us at 49 percent in-state, 49 percent out-of-state, with two percent international. Other statistics have that off balance by one or two percent. But first and foremost, we have a policy in place to admit any South Carolina student that meets our minimum requirements, period. We understand that that's not necessarily the case in some of the other institutions in the state, but those minimum requirements, once met, that student is admitted. Now, whether they choose to go to Coastal is another story. You know, we're in a unique situation where we're competing with some phenomenal institutions in Clemson, South Carolina, Furman, Winthrop, a long list. So there's a lot of good education in this state for our students to choose from, and fortunately, we get a good many of those. But, again, we do not turn away any South Carolina student that meets our requirements. Having said that, we do rely heavily on that out-of-state tuition. And if you look at the imbalance, if you will, between our in-state versus out-of-state tuition, it's considerable. But we look at the numbers, and we're one of the lower funded universities in the state in terms of state appropriations. And with the new legislation that's being introduced, that may change, with this new bill that's in place now and going through committee. The money following the student, I think, would be a phenomenal asset to all the universities.
SENATOR SCOTT: But your out-of-state numbers may create a problem for you with that legislation --
MR. TURNER: I think --
SENATOR SCOTT: -- especially when incentives go to schools who are educating in-state students.
MR. TURNER: This is true. I would love to say, News at eleven, because there's a lot more to come from that. And I've seen the proposed numbers one time, and they looked beneficial to Coastal. But I think if -- you know, there's another unique scenario where we're seeing more and more students applying to other universities that are not being accepted, and we're looking at ways to recruit those students where Coastal was not their first choice, but we would be a wonderful second choice in the event they didn't get into Clemson, University of South Carolina, Winthrop, et cetera. I think from an economic standpoint we make good sense for those students that don't have that option.
SENATOR SCOTT: Thank you, Mr. Chairman.
CHAIRMAN SENATOR PEELER: Thank you. Anyone else? What's the desire of the committee?
SENATOR SCOTT: Favorable report.
CHAIRMAN SENATOR PEELER: Motion is favorable.
SENATOR ALEXANDER: Second.
CHAIRMAN SENATOR PEELER: Seconded. Any further discussion? Hearing none, we'll take it to a vote. All in favor of a favorable report, raise your right hand. (Members raise hands.)
CHAIRMAN SENATOR PEELER: Unanimous. Thank you for your willingness to continue to serve.
MR. TURNER: Thank you very much for having me today.
CHAIRMAN SENATOR PEELER: Meeting adjourned.
The meeting was concluded at approximately 9:42 a.m.
Received as information.
The following was received:
Date and Time of Final Report: Friday, April 12, 2019 at 12:00 p.m.
Members of the General Assembly are PROHIBITED from pledging their votes until Tuesday, April 23, 2019 at noon.
The election will be on Wednesday, May 8th at noon.
Committee Composition and Responsibilities
The Committee is comprised of eight members--four from the Senate and four from the House of Representatives. To fulfill its mandate, the Committee conducts an investigation of each applicant's professional and financial affairs and holds a public hearing during which each applicant may be questioned on a wide variety of issues.
The JCASC's investigation includes (1) a State Law Enforcement Division background check; (2) a credit investigation; (3) a careful study of application materials, including a personal data questionnaire; and (4) further inquiry as the Committee considers appropriate.
Senate Appointees
Senator John Matthews, Chairman
Suite 502, Gressette Building
Columbia, SC 29202
803-212-6108
Senator Tom Davis
Suite 604, Gressette Building
Columbia, S.C. 29202
803-212-6016
Senator Sean Bennett
Suite 205, Gressette Building
Columbia, S.C. 29202
803-212-6410
Senator Katrina Shealy
Suite 303, Gressette Building
Columbia, S.C. 29202
803-212-6320
House Appointees
Representative Leon Howard
425 Blatt Building
Columbia, S.C. 29201
803-734-3046
Representative Chandra Dillard
414B Blatt Building
Columbia, S.C. 29201
803-212-6791
Representative F. Michael Sottile
310D Blatt Building
Columbia, S.C. 29201
803-212-6880
Representative Cezar McKnight
314B Blatt Building
Columbia, S.C. 29201
803-212-6926
Research Director: Steven L. Gilbert
BACKGROUND
Ms. Borden is an attorney from Charleston, SC.
FINDINGS
Ms. Borden's SLED background check and credit check revealed no concerns. She was found to be qualified.
BACKGROUND
Mr. Geddings is an attorney from Florence, SC.
FINDINGS
Mr. Geddings's SLED background check and credit check revealed no concerns. He was found to be qualified.
BACKGROUND
Mr. Lewis is an attorney from Myrtle Beach, SC.
FINDINGS
Mr. Lewis's SLED background check and credit check revealed no concerns. He was found to be qualified.
BACKGROUND
Ms. Madden is an attorney from Columbia, SC.
FINDINGS
Ms. Madden's SLED background check and credit check revealed no concerns. She was found to be qualified.
BACKGROUND
Ms. Monsell is employed by a law firm and is pursuing a law degree. She is from Charleston, SC.
FINDINGS
Ms. Monsell's SLED background check and credit check revealed no concerns. She was found to be qualified.
BACKGROUND
Mr. Radeker is an attorney from Columbia, SC.
FINDINGS
Mr. Radeker's SLED background check and credit check revealed no concerns. He was found to be qualified.
BACKGROUND
Mr. Sullivan is an energy and petroleum expert from Summerville, SC.
FINDINGS
Mr. Sullivan's SLED background check and credit check revealed no concerns. He was found to be qualified.
BACKGROUND
Mr. Wells is a retired attorney from Lexington, SC.
FINDINGS
Mr. Wells's SLED background check and credit check revealed no concerns. He was found to be qualified. Mr. Wells withdrew from consideration March 27, 2019.
SENATOR BENNETT: Alright, good morning everybody. Thank you for coming. Sorry we're a little late. But in the Senate we are still early. I apologize for the delay--we have a few members that are still trickling in from out of town, but we're going to go ahead and get started to be respectful of your time. We have a number of candidates today. We are here as a Joint Committee to Review Candidates for the Consumer Affairs Commission. Our members, Representative Howard, Representative Sottile are here, and of course the other members will be coming in. Steven, do you have any instructions for us as we get going?
DR. GILBERT: We bring them each up one at a time, you will swear them in, and there are some basic questions provided that you can ask to start the conversation going. After those basic questions, then we would certainly open it up for the members to ask whatever relevant questions they would like, based on the information in the packet you have. The personal data questionnaire, which gives the background for them, it functions essentially like a resume. It is designed to catch any conflicts of interest that we can catch. There is also a credit check, below that there is a background check, and then there is a driving record. You'll notice--and typically, if there is anything that would have drawn attention, I have put an asterisk next to it in the application. Something you'll notice, if it's flagged an accident, if it's a non-contributing accident it's a no. That's just something for your information. But I think everything that you would need probably is encapsulated in the forms in front of you.
SENATOR BENNETT: Alright we'll get started. I think to save us a little time, if it's ok with the committee, I'd like to just go ahead and swear in all folks that are going to testify today and we'll hear from so we don't have to do that each time you come up. So if you are going to testify in front of us, if you'll please stand and raise your right hand and repeat after me, please. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? Great, thank you very much. I appreciate that. So as you come up, we'll start with Mr. Geddings. Come forward. Also, please everyone understand that we will be recording all the comments today and those will be transcribed in the journals so that other members of the committee that are arriving late or happen not to be able to get here today can see your comments. All of you have provided staff with your personal background data questionnaire, and they have run the appropriate background and credit checks. The documents have been reviewed and found to be complete with all the information that we requested. Are there any changes or additions that you would like to submit at this time, Mr. Geddings?
WILLIAM GEDDINGS: No, sir.
SENATOR BENNETT: Ok, great. Let me just start by opening up and asking, do you know of any reason why you would have any difficulty performing the duties of this position?
WILLIAM GEDDINGS: No, sir.
SENATOR BENNETT: Ok. Mr. Geddings, can you briefly tell us about yourself and explain to us why you want to be on the Commission?
WILLIAM GEDDINGS: Yes, sir, Senator Bennett. My name is Williams Geddings. I am from Florence. Born in Florence, came to USC, went to USC Law, and went back to Florence. Since going back to Florence, I have been an attorney at Hays, Colley. I'm a member of the National Association of Consumer Advocates. We do primarily, if not completely, consumer defense, with a smattering of Social Security Disability in there. In that overriding category, we bring claims for incorrect credit reporting, illegal debt collection actions, illegal repossession, automobile fraud. By fraud I mean selling of automobiles, not so much wrecking of automobiles and things of that nature. I have been doing that since 2010. I have actually never worked as an attorney in any other field other than consumer except for a brief foray as an intern at the public defender in Florence. I enjoy what I do, and I enjoy defending consumers in South Carolina to the best of my ability.
SENATOR BENNETT: Any specific skills or experiences other than what you've already noted, told us about your practice, that you believe would be beneficial to the Commission?
WILLIAM GEDDINGS: The relevant skills probably would come from the practice. I've been in the weeds with these statutes, specifically the Consumer Protection Code in Florence multiple times, 37-5-108 being one of the most often litigated. I teach a class in Florence, as well, once a year for Florence Darlington Tech. The law school for non-lawyers in consumer law is actually being taught Thursday. The class is through the National Association of Consumer Advocates. Also on consumer law, but not really South Carolina law related, so it's more broad. I'm a South Carolinian, and I care what happens in South Carolina. Other than a year I lived in Jacksonville, I've lived in South Carolina my entire life, and I have no inclination that I intend to leave. Other than within my practice, I'm not sure what other skills would be relevant to the position.
SENATOR BENNETT: Great. Any questions from the committee? Alright, thank you Mr. Geddings. So members, we have heard from Mr. Geddings. You have had a chance to read his report or the reports that were pulled on him. We now need to vote whether we find him qualified and nominate him to the General Assembly. Do I hear a motion for his qualification? Is there a second? Any discussion? All those in favor say aye. Any opposed? No. Ok, Mr. Geddings, we have found you qualified. Thank you. Alright, Renee Madden. Good morning, Ms. Madden. How are you? Ms. Madden, you have provided to staff your personal data questionnaire, and they have run the appropriate background checks and credit checks. The documents have been reviewed and found to be complete with all of the information that was requested. Are there any changes that you would like to make or any additions to the data?
Renee Madden: No changes, but I just want to make sure that the documents have reflected accurately the case that I have against Love Plumbing. I prevailed in that case for breach of contract, but the Clerk of Court had incorrectly entered it as a judgment against me, and that stayed for about five days in the record, so I wanted to make sure that my credit report didn't pick up--I'm still waiting for a copy of the credit report--so I just wanted to make sure that you have it accurately reflected that I prevailed in that case and that the judgment was against Love Plumbing and not me.
SENATOR BENNETT: So you won--congratulations.
RENEE MADDEN: Yes, thank you.
SENATOR BENNETT: Do we have a record of that? Nothing was flagged.
RENEE MADDEN: Ok, good. Good. Thank you.
SENATOR BENNETT: But thank you for that. Let's see Ms. Madden. Do you know of any reason why you would have difficulty performing the duties of the Commission if you were so appointed?
RENEE MADDEN: None at all.
SENATOR BENNETT: Can you briefly tell us about yourself and why you think this is a good fit for you?
RENEE MADDEN: Yes, I am an idealist, and I would like to do whatever I could to level the playing field between consumers and businesses. I think that's a uniquely government function, recognizing at the same time that there are often two sides to a story.
SENATOR BENNETT: Any specific skills or experiences that you have that you believe bring value to the Commission?
RENEE MADDEN: Just my experience as a consumer, having to fight in certain cases, and also fighting for my clients, particularly in the HOA area.
SENATOR BENNETT: That's an interesting area. I will tell you--I don't know if I can speak for my colleagues here--but probably one of the most frequent emails that I get from constituents have to do with HOA's. What do you see as being the primary issues surrounding those challenges from residents and HOA's that they operate under?
RENEE MADDEN: One overarching issue that I see through all areas is having an educated consumer, knowing that they've got this avenue. If you look at your website, you see that the most, the highest rate of complaints being made in probably the wealthiest, presumably most educated counties. I think in some of the poorer, more rural, less educated counties, they have probably higher rates of injuries inflicted upon them unfairly. But in terms of HOA's, one of the issues that I see is that the documents provide for any past due assessments to be liens on the property, which would--it's like a security interest--they can foreclose, so you're foreclosing on someone's home for maybe a couple thousand dollars. You add to that these onerous collection attorney's fees, and you're really putting people into a bad spot. Then you have volunteer boards, who sometimes are doing the best they can, sometimes they just want to take shortcuts, but often they are doing things that are beyond what the documents provide them the authority to do. They are creatures of statute--they have only the power that their documents and the South Carolina Non-Profit Corporations Act gives them and the new HOA Act or the Horizontal Property Act, depending on what's appropriate. So you have boards either being self-interested or going beyond what they are permitted to do.
SENATOR BENNETT: Any questions?
REPRESENTATIVE SOTTILE: I'd just like to follow-up on the HOA situation. Where I come from, the Charleston area, there's a lot of that sort of thing down there. We've dealt with it over in the House. I was on the LCI Committee that had a lot of HOA legislation come before it a couple years ago. I found that in most of the complaints, the owners weren't really aware of what the by-laws said, what they were responsible for. Lack of education, or they just weren't reading them--that was the biggest problem. It is good to know that you are up to speed on that sort of thing, because that is something that is a little ticklish now with everybody.
RENNEE MADDEN: And often when you see--the late fees is one issue that I've seen repeatedly. Many of the documents don't give them permission to charge late fees, but they do. And then sometimes the by-laws aren't really passed in accordance with what the requirements are, so they're not really by-laws.
REPRESENTATIVE SOTTILE: Thank you, ma'am.
REPRESENTATIVE HOWARD: If appointed or elected, what measures would you take to rectify what you see as wrong as it relates to HOA's?
RENEE MADDEN: For the HOA's?
REPRESENTATIVE HOWARD: Yes, is there anything specific? I know you have broad duties beyond that, but is there something specifically that you would work toward or you would advocate toward?
RENEE MADDEN: Really big picture, I think that for a homeowner, an owner of a condo, or a restricted house, if it's used as the primary residence, I think that the foreclosure laws should probably be reevaluated, and perhaps, and also the wage garnishment. So you can't garnish salaries. But I think that perhaps getting that changed so to avoid foreclosure, the HOA's will have other avenues to recoup the assessments, because they do need to collect that money, and everyone does need to contribute their fair share, but people do sometimes get into binds. So that's just very big picture, one issue that I see. I think the new website for the complaints that can be aired publically, I think it could be made a little easier to search, and perhaps to include a summary of a complaint, the main issues, so that if you're trying to look at the bulk of the material that's there, you can identify what's really going on in most of these cases, if there is some area where we need to start first. So to organize some of the data that's there and that's going to be as more people become aware of this and contribute. I think that would be helpful to make it useful.
REPRESENTATIVE HOWARD: Thank you.
SENATOR BENNETT: Great. Any other questions? If not, I will entertain a motion from the committee to find Ms. Madden qualified and nominated.
REPRESENTATIVE HOWARD: So moved, Mr. Chair.
SENATOR BENNETT: A motion and a second, any discussion? All those in favor say aye. Those opposed are none. Congratulations. Let me, Ms. Madden, before you leave, and I know the previous gentleman did, just make sure that I let you know, as I'm sure the rest of you will be trickling out, at the end of the process we will let you know, once everybody had been screened and all of the nominations and qualifications have been set, you will not be able to seek support for this position from members of the General Assembly until you hear from staff. So I just want to make sure that you're aware of that and avoid jumping the gun, because that is sort of frowned upon around here. Thank you very much. Alright, next up is Andrew Sims Radeker, hope I pronounced that correctly. Good. One for one today. Mr. Radeker, thank you. You've already been sworn in as have the others. You have provided staff with your personal data questionnaire, and they have run the appropriate background and credit checks. The documents have been reviewed and found complete, with all the information that was requested of you. Are there any changes or additions that you'd like to make at this time?
ANDREW RADEKER: No, sir.
SENATOR BENNETT: Ok, great. Mr. Radeker, do you know of any reason why you wouldn't be able to provide service to the Commission if you were elected?
ANDREW RADEKER: I do not.
SENATOR BENNETT: Ok, great. Why don't you briefly tell us about yourself and why you'd be a good fit for the Commission.
ANDREW RADEKER: Well, I'm a lawyer. I'm a partner at Harrison, Radeker, and Smith, which is a law firm here in Columbia. We do a lot of different things, but one of the things that we do and that I've done for years is represent litigants in cases that involved consumer and debt collection issues. Not just consumers, but sometimes also their creditors. I'd say probably on balance, most of my representation has been of consumers throughout the years. So I think I bring a balanced perspective in my ability to kinda evaluate both sides of any proposed change to a regulation, in how that might affect both people in the credit business as well as consumers. The idea, I guess, of the Department of Consumer Affairs is to prevent unfair advantage from being taken of consumers, not to prevent people necessarily from making money from lending, etc.
SENATOR BENNETT: I will pass the gavel to our chairman who has just walked in, and then I will take a nap. Good morning, Senator.
SENATOR MATTHEWS: You might have to wake back up. Do you know of any reason why you would have difficulty performing your duties?
ANDREW RADEKER: No, I do not.
SENATOR MATTHEWS: Briefly tell us about yourself and why you want to serve on the Commission.
ANDREW RADEKER: Well, as I said, I'm a lawyer at Harrison, Radeker, and Smith, and I've done several different things throughout my career. One of them has been representing litigants in cases that involve consumers and debt collection issues. Most of that representation has been on behalf of consumers, but a substantial minority, I'd say, has been on behalf of creditors. I mean, I've got some creditors cases right now. And so I guess I'd bring what I'd hope would be a seasoned perspective to any issue or proposed regulation that's before the Commission. And just as far as why I want to serve, I'd like to serve my community. If I can be of assistance to the operation of this Commission, then I'd be honored to do that.
SENATOR MATTHEWS: Thank you. Are there any questions? Do we have a motion? Motion has been made and seconded that we find the candidate qualified. Those in favor of the motion, please say aye. Those opposed?
ANDREW RADEKER: Thank you.
SENATOR MATTHEWS: Thank you. Mr. Sullivan? Is he here? Good morning.
LAWRENCE SULLIVAN: Good morning.
SENATOR MATTHEWS: You have provided staff with your personal data questionnaire, and they have run the appropriate background and credit checks. The documents have been reviewed and found complete, with all the information that was required. Are there any other changes or additions that you would like to submit to us now?
LAWRENCE SULLIVAN: No.
SENATOR MATTHEWS: Ok. The first question--do you know of any reason why you would have any difficulty performing your duties?
LAWRENCE SULLIVAN: No.
SENATOR MATTHEWS: Briefly tell us about yourself and explain why you want to serve.
LAWRENCE SULLIVAN: Thank you. My name is Larry Sullivan. I am semi-retired in the Charleston area, Summerville. And I am an adjunct professor at the Citadel and Trident Technical College. I also do independent consulting, mostly in the energy industry, mostly in the financial and engineering aspects of the petroleum and power, and emerging biofuels and renewable energy. I have a background in petroleum for most of my career, and then the last ten or fifteen years has been more related to the interface between petroleum and biofuels or renewable power and traditional power.
SENATOR MATTHEWS: Thank you. Any questions from the committee? Senator from Dorchester.
SENATOR BENNETT: Thank you, Mr. Chairman. Good morning, Mr. Sullivan. Mr. Sullivan actually resides in Summerville, and I actually, in full disclosure, encouraged him to apply for this position. I really would like to kinda hit on the energy component. Members, as you know, we recently passed legislation in the past year to move away from ORS a lot of the energy related items to allow for consumers to be protected by a different agency. There were a number of positions or situations where there were some concerns about whether there were conflicts of interest between what ORS was doing with regards to economic development and then also looking after the consumer. So we passed that duty over to Consumer Affairs, and that's a new duty for them coming up. Mr. Sullivan, will you kinda touch on that and the value of your background, and maybe taking on this new role for Consumer Affairs?
LAWRENCE SULLIVAN: Yes, thank you. My background has been primarily in international petroleum, where I worked mostly overseas with state owned energy. Most of the world, as you probably know, the electricity and the power generation, the petroleum, is usually a state-owned function--Saudi Arabia, Venezuela, different countries around the world. My career has shifted more toward biofuels, refining and marketing and the interface between the petroleum industry and the biofuel industry. Specifically, the power industry, which is a regulated industry compared to petroleum, which is a semi-regulated industry. Generally, in the United States the power is made by municipals or state-owned enterprises like the TVA or Santee Cooper, and then independent, or what's known as investor-owned utilities. And I think that there has been a historical situation where the advocacy in environments of regulated industries you have the agency is sort of torn between the advocates for lower rates and the advocates for higher rates, but generally that's in the context of expert witnesses that represent traditional, in a sense, consumers or traditional producers of power. I think it's exciting that the state stood back and said that the consumer agency should have a place at the table, so to speak. The issue is sort of the regulatory environment where you have an adversarial situation, perhaps with the consumer present, it can be less adversarial, could have a third or fourth opinion about power rates or power development.
SENATOR BENNETT: Mr. Chairman, at the appropriate time I'd like to move for a favorable report.
SENATOR MATTHEWS: My experience with Consumer Affairs hasn't necessarily been with the bigger issues that you're talking about, but people with mortgage problems, foreclosures, sometimes these mortgage companies abuse their customers, so you're going to get a lot of those small things. Will you be able to handle that?
LAWRENCE SULLIVAN: Yes. The situation in our state is very unique, I think, where you have a large investor owned utility like Duke, and now Dominion, but both are not in the state per se, and then you have the large Santee Cooper, which is historically state-owned. I've actually had a lot of experience earlier in my career, in college even, with the Salt River Project in Arizona, where I went to graduate school--state owned, similar to the TVA. And then later in Texas, in Austin, Texas, where I went to college, was the Lower Colorado River Authority, which is in a sense a Texas version of Santee Cooper. And the state is actually trying to figure out, in a sense, how they will manage a state-owned enterprise. It is unusual in the United States to have a large state-owned enterprise like that.
SENATOR MATTHEWS: Any other questions? Alright, the motion has been made and seconded that we vote him out favorably. Those in favor of that motion let me know by saying aye. Thank you sir. Robert Wells.
ROBERT WELLS: Good morning again.
SENATOR MATTHEWS: Good morning. First of all, thank you for being willing to serve the public. I have three questions I would like to ask you. You can wait till I read all three of them and answer at one time.
ROBERT WELLS: I've been listening to them, so I have a feeling I know what they are.
SENATOR MATTHEWS: Yes, sir. I got to do it anyway, just for the record. Do you know of any reason why you would have any difficulty performing your duties?
ROBERT WELLS: No reason that would prevent me from performing my duties.
SENATOR MATTHEWS: Briefly tell us about yourself and explain why you want to serve on this commission.
ROBERT WELLS: I retired last May, after over thirty years serving as the executive director of the South Carolina Bar. It's an entity that serves its constituency but also serves the public. I'm very proud of the work that was done over there. I see this as a very valuable service. I learned that while I was the public service director, I worked with this Department, on various projects working cooperatively. It's something that I have a great interest in. I also feel that a big part of this is making sure you're the right person in the job. I have a lot of experience with personnel management, obviously from the Bar. So I think I bring a skill set which will be in addition to some of the ones you've already heard today and will be beneficial to the Department.
SENATOR MATTHEWS: You're about to answer my second and third question. What specific skills or experiences do you have that you believe would enable you to represent effectively the consumers across the state?
ROBERT WELLS: I took consumer complaints. I would take those complaints. I met with those people who came in and would see whether or not it was a legal problem or something that Consumer Affairs could better serve. We created a website, we worked cooperatively with creating websites with the Department. All of those areas that I also worked with through committee or social boards that I worked with. All of those things will come into play. I can bring that back to working on the Commission. I also, being retired, I usually have the opportunity to read about five newspapers a day, electronically, so hopefully I'll anticipate some consumer problems and will get ahead of the curve in South Carolina if other states are already working on these things.
SENATOR MATTHEWS: Are there any questions from the committee members?
SENATOR BENNETT: Are there five good newspapers?
ROBERT WELLS: I didn't say they were good--I said I read five. I do read three locals, I read Greenville, I read Charleston, I read The State, but then I also do Washington and New York.
SENATOR MATTHEWS: You do that on a daily basis?
ROBERT WELLS: I do.
SENATOR MATTHEWS: Well you must be retired.
ROBERT WELLS: I am retired, and I tell you when you get there it's wonderful.
SENATOR MATTHEWS: Any other questions? The motion has been made and seconded that we approve the nominee. Those in favor of that motion let me know by saying aye. Ayes have it. You have been approved, sir. Janie Borden? Come on up. First of all, thank you for being willing to serve and go through this. I'm going to ask you three questions. First question is do you know of any reason why you would have any difficulty performing your duties in this position?
JANIE BORDEN: No, sir, I do not.
SENATOR MATTHEWS: Briefly tell us about yourself and explain why you want to serve on this commission.
JANIE BORDEN: Yes, sir, my name is Janie Borden and I am an assistant corporation council for the City of Charleston. I have held that position since 2004. I was actually an extern in the legal department with the city in 2003. The city's mission of preserving and enhancing the quality of life of its residents I think is very similar to the mission of the Consumer Affairs Department, in the sense of protecting consumers in the marketplace, as well as recognizing the needs of businesses. And that is primarily what we do in the Office of Corporation Council for the City of Charleston on a daily basis.
SENATOR MATTHEWS: Maybe you've answered this one, but I have to ask it anyway. What specific skills or experiences do you have that you believe would enable you to represent effectively the consumers across the state?
JANIE BORDEN: Yes, sir. On a daily basis, I work in advocacy, mediation, enforcement, and education, which are the four items that, again, the Consumer Affairs Commission uses to support the mission of the Department. Also, as a part of my job skills, I also am a prosecutor in the city's Livability Court, which the mission of that court is not simply to find someone guilty, but to work with the parties to find a resolution to the issue. And so as a prosecutor in that court, I work with not only businesses, but with residents to find a resolution to satisfy both party's needs. I think that that will be helpful in this position.
SENATOR MATTHEWS: Any other further questions? Senator from Berkeley? Dorchester. I'll promote you.
SENATOR BENNETT: Berkeley, too. Charleston, as well. Ms. Borden, thank you for coming and your willingness to put yourself out. I'm just looking over your personal data questionnaire, and I just want to make sure we're clear here. On item 38, you're asked about whether you have requested support or requested a pledge from any member of the General Assembly. You state that you did ask Senator Senn to support your nomination. I'm assuming that just meant applying for the position. Is that correct?
JANIE BORDEN: That's correct.
SENATOR BENNETT: Ok, just to be clear, you can't seek actual support for those positions.
JANIE BORDEN: I have not had any further conversations with her.
SENATOR BENNETT: Thank you, just wanted to clarify that.
REPRESENTATIVE SOTTILE: Ms. Borden, I would like to first thank you for taking the time to come up here, and I guess you are one of my constituents, I believe. The Mt. Pleasant area.
JANIE BORDEN: Yes, sir.
REPRESENTATIVE SOTTILE: Welcome. Your experience with Livability Court, I too have experience with that at the Isle of Palms, because we followed y'alls advice and did that to help with our problems with the tourists, the large homes, and that sort of thing. Michael Molony has done a wonderful job over there. He works with y'all as well.
JANIE BORDEN: Yes, sir.
REPRESENTATIVE SOTTILE: But I just wanted to say, thank you for coming, and anything we can do to help, let us know.
JANIE BORDEN: Well I enjoy being a public servant, obviously I have been for over fifteen years now, and I like going home at the end of the day knowing that I've made a difference.
REPRESENTATIVE SOTTILE: Thank you.
REPRESENTATIVE HOWARD: Mr. Chairman, I would like to move approval.
SENATOR MATTHEWS: Do I have a second? Those in favor say aye. Opposed?
JANIE BORDEN: Thank you, Mr. Chairman.
SENATOR BENNETT: May I make a motion in the meantime, since we're waiting on someone, to go into executive session and discuss another candidate?
--Executive Session--
SENATOR MATTHEWS: Thank you for your willingness to serve. We're going to go ahead and get started. I'm going to ask you a couple questions, and after that the members may want to ask you a couple questions or for explanations. Do you know of any reason why you would have difficulty in performing the duties of this position?
JAMES LEWIS: No, sir.
SENATOR MATTHEWS: Briefly tell us about and explain why you want to serve.
JAMES LEWIS: Sure, I'm a husband and a father from Myrtle Beach, South Carolina. I am an attorney. I've been practicing since 2009. My first three years I was in litigation, and then I moved to an in-house counsel role, with a large insurance brokerage. I moved off on my own. My business still handles legal, but we also offer insurance and business development consulting services.
SENATOR MATTHEWS: What specific skills or experiences do you have that you believe would enable you to represent effectively the consumers across this state?
JAMES LEWIS: I think I've got--even though I'm young--I've got a variety of experiences in my professional life dealing with, on the consumer side, you're dealing with consumers all the time. I talk to them about products, and I'm actually, my bread and butter is long-term care. I'm actually a designated long-term care professional. When you're dealing with seniors especially, you want to make sure--that's a sensitive market--you have to make sure that everything that you do is, of course, above board, and, of course, as an attorney as well, dealing with the public, and usually they're not coming to you necessarily with something that is easy to solve, and they expect you to be solution oriented and to do so in a proper manner.
SENATOR MATTHEWS: Any questions to add?
SENATOR BENNETT: Just a quick question.
SENATOR MATTHEWS: Senator from Dorchester.
SENATOR BENNETT: Thank you Mr. Lewis. So one of the previous applicants caught my eye when he was both a Purdue and an Ohio state grad. I thought that was strange until I saw Georgia South Carolina on this application. How in the world do you do that? You don't have to answer that. I'm glad you brought up seniors, particularly with respect to insurance products, or really any products. I had a constituent actually brought me a box, just a few weeks ago, literally a box of just a bunch of mail pieces that his elderly mother receives on an almost constant, daily basis. What do you think the role is of Consumer Affairs with respect to maybe that specific issue, or seniors in general? Is there an extra level of attention that we need to be paying there?
JAMES LEWIS: I think so. I mean, I can certainly speak on the insurance side of things, you're dealing with seniors, in particular. They are putting a level of trust in you because you have the knowledge. They foresee that they will have a need and they are expecting you to give them a solution. It's not based on whether or not you're going to make a commission on the sale, but whether or not it's an appropriate solution given their set of circumstances. You see a lot of mailings and things of that nature that I think are on the edge, and I don't think that they are appropriate for people to be receiving in the mail. One example I can give of that is there's something called the Partnership for Long-Term Care, which is essentially where the state and the federal government work together to try to put out information about long-term care specifically, and then there's certain criteria that I don't have to go in depth with, but there's advantages to purchasing what's called a partnership qualified plan. But you'll see mailers that come out that almost pretend to be from the state, and they use the fact that the federal government and state government are working together almost as a way to deceive the consumer to believe that it is a state-authorized mailing, when in fact it's not. I even know of insurance folks who will go in with a badge that will say "state partnership certified" or whatever. To me it's just not ok. I would like to see us do more and potentially I know the Department of Insurance is certainly handling the regulation of their products, but I would like to see more efforts to protect seniors, especially from that type of thing that is out there.
SENATOR MATTHEWS: I got one question--this is a question someone asked me last week. Not an elderly person, I think she's 78 or 79. She's in the market for long-term care insurance, and she didn't know whether she should do that. I told her I thought it was a little late in the game. Do you get many people 79 years old looking for long-term care insurance?
JAMES LEWIS: It would likely be prohibitively expensive at this point, because it almost works like one of those curves that you saw when you were in grade school, where it just kinda starts, and when you hit your 60's it starts to climb, and into your 70's and approaching 80, the premiums to get into it are really cost prohibitive, so you would take a look at it and, honestly, I would tell them at that point, I mean, one, of course there's health underwriting, and two does it make sense from a financial standpoint at that point with it being so expensive? Probably not.
SENATOR MATTHEWS: She didn't exactly give me the numbers, but I just thought that turning 79, and buying long-term health insurance, it's a little late in the game.
JAMES LEWIS: It would be very, very cost prohibitive.
SENATOR MATTHEWS: I gave her the right advice, then. Any other questions? Do I have a motion? Motion has been made and seconded. You have been approved sir.
JAMES LEWIS: Thank you all, very much.
STEVEN GILBERT: We have one final candidate, Jessica Monsell, who, I don't think she's here yet, but if you want to take a look at her packet, I expect that she will be here very soon. We have Jessica Monsell.
SENATOR MATTHEWS: Ms. Monsell, would you take a seat?
JESSICA MONSELL: Good morning.
SENATOR MATTHEWS: Would you raise your right hand please? As I put my glasses on. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
JESSICA MONSELL: I do.
SENATOR MATTHEWS: You have provided staff with your personal data questionnaire, and they have run the appropriate background and credit checks. The documents have been reviewed and found to be complete, with all information that was required. Are there any other changes or additions that you would like to make at this time?
JESSICA MONSELL: No, sir.
SENATOR MATTHEWS: Thank you. I'm going to ask you three questions. First question is, do you know any reason why you would have any difficulty performing the duties of this position?
JESSICA MONSELL: Not at this time, no.
SENATOR MATTHEWS: Briefly tell us about yourself and explain why you want to serve on the commission.
JESSICA MONSELL: Sure. So I moved to South Carolina in 2006. Before I worked here in South Carolina, I worked for an office of the Embassy of France studying financial markets. I moved to South Carolina to take a position with the Motley, Rice Law Firm, where my practice group at that time was focused on helping victims of aircraft crashes. I started with them as a French translator, and over time learned civil litigation as a paralegal, and then also worked to some degree with our marketing team. So my role expanded over time. And then in 2018, I decided to go to law school, and I started at, I'm a first-year student at the Charleston School of Law. In 2015, I started working with a consumer advocacy group that is now a 501 (C) 3 non-profit that helps consumers nationwide with all sorts of, I would call them consumer or customer service lapses. They are not cases that lawyers typically handle, but really they are for those cases where people are unable to find a lawyer to help them because there's, honestly, not a lot of money in helping these folks, right, so what we were doing while I was working with that group is we would connect them with folks within the corporation that's implicated in that complaint and they would resolve the cases for them. As part of our mission with that group, we also had an education mission, and that would be to tell the consumer's story online so that other people could read about it when they encountered a similar problem and learn how to resolve it, either on their own or with the help of a consumer advocate. So, both within my roles at Motley, Rice law firm and with the consumer advocacy group, I have a lot of experience listening to and handling consumer complaints. I usually can tell when there's something that really requires the assistance of a lawyer and when it's something that falls more in the realm of a customer service lapse. And I think there's a great deal of both of those types of cases out there, where folks need help. So to answer your final question, why I am interested in serving in this capacity, as someone who is looking to begin a new chapter of her career in public service, this seems like it would be a good fit for my skills and background and my desire to serve the people of South Carolina.
SENATOR MATTHEWS: Thank you. Third question: what specific skills or experiences do you have that would enable you to represent effectively the consumers across the state?
JESSICA MONSELL: Well, I partly, I think, already answered some of that. But more specifically, I can tell you that I do a lot of reading and research on issues of consumer law. I have a particular interest in law that touches underserved populations, for example people with disabilities. I can tell you, because I've done a lot of research, probably more research than is normal, that there are laws that are supposed to protect people for which there is no private cause of action. So, for example, if a disabled passenger on an airline is forgotten on an airplane because nobody ever shows up with a wheelchair to take the passenger off of an airplane. All that person can do is complain to the Department of Transportation in Washington, and maybe the Department will track those statistics and eventually fine the airline, but ultimately those fines are really just a reinvestment into the corporation. They tell them you need to take this money and re-train your ground staff. There's no recourse for the actual person, the actual passenger. So, there are places where the law is stagnant and hasn't evolved with our growing disabled population, for example. And so I feel strongly about helping people in those situations where they're not going to know how to help themselves.
SENATOR MATTHEWS: Any questions?
SENATOR BENNETT: No questions, just a statement. I appreciate the comment that was made earlier about recognizing the difference between an actual complaint and a customer service problem. I think that's appropriate in the position she would hold. Thank you for coming.
JESSICA MONSELL: Thank you.
SENATOR MATTHEWS: Can I get a motion? Motion has been made and seconded that we report you out favorably. All those in favor of that motion say aye. Ayes have it, and you've been reported out.
Received as information.
Document No. 4842
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140(2), 44-1-150, and 4-1-180
Retail Food Establishments; and Retail Food Establishment Inspection Fees
Received by Speaker of the House of Representatives January 8, 2019
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 8, 2019
Revised: May 9, 2019
The following was introduced:
H. 4444 (Word version) -- Reps. Gilliard, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR WILLIAM LEROY GILLIARD, JR., OF CHARLESTON FOR HIS MANY YEARS OF DEDICATED COMMUNITY SERVICE TO THE PEOPLE OF CHARLESTON AND TO EXTEND BEST WISHES AS HE CONTINUES TO SERVE IN THE YEARS AHEAD.
The Senate sent to the House the following:
S. 750 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE THE PENGUINEERS, THE TEAM THAT SERVED AS CAPTAIN OF THE WINNING ALLIANCE AT THE SOUTH CAROLINA FIRST TECH CHALLENGE STATE CHAMPIONSHIP FOR THE 2018/19 FIRST ROBOTICS SEASON AND ADVANCED TO THE FIRST CHAMPIONSHIP IN HOUSTON, TEXAS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4445 (Word version) -- Rep. B. Newton: A BILL TO AMEND SECTION 56-5-1538, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE, DRIVING A VEHICLE THROUGH AN EMERGENCY SCENE, AND PENALTIES FOR VIOLATING THIS SECTION, SO AS TO DOUBLE THE PENALTY FOR A VIOLATION OF THIS SECTION.
Referred to Committee on Judiciary
S. 17 (Word version) -- Senator Hutto: TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANDIDATES' QUALIFICATIONS, SO AS TO PROVIDE THAT A CANDIDATE FOR SHERIFF AND A CANDIDATE FOR CORONER MAY BE CERTIFIED BY A POLITICAL PARTY OR AUTHORITY TO WHICH A PETITION IS SUBMITTED IF THE CANDIDATE SUBMITS A SWORN FULLY COMPLETED AFFIDAVIT; TO AMEND SECTION 7-13-350, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT A CANDIDATE FOR SHERIFF AND A CANDIDATE FOR CORONER MAY BE CERTIFIED BY A POLITICAL PARTY OR AUTHORITY TO WHICH A PETITION IS SUBMITTED IF THE CANDIDATE SUBMITS A SWORN FULLY COMPLETED AFFIDAVIT; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO PROVIDE THAT A CANDIDATE FOR SHERIFF AND A CANDIDATE FOR CORONER MAY BE CERTIFIED BY A POLITICAL PARTY OR AUTHORITY TO WHICH A PETITION IS SUBMITTED IF THE CANDIDATE SUBMITS A SWORN FULLY COMPLETED AFFIDAVIT; TO AMEND SECTION 17-5-130, RELATING TO CORONER QUALIFICATIONS, SO AS TO PROVIDE THAT A CANDIDATE FOR CORONER MAY BE CERTIFIED BY A POLITICAL PARTY OR AUTHORITY TO WHICH A PETITION IS SUBMITTED IF THE CANDIDATE SUBMITS A SWORN FULLY COMPLETED AFFIDAVIT AND, IN ADDITION, TO SPECIFY THAT A FORENSIC SCIENCE DEGREE OR CERTIFICATION PROGRAM TO BE COMPLETED WITHIN ONE YEAR OF BEING ELECTED TO THE OFFICE OF CORONER MUST BE POSTED ON THE SOUTH CAROLINA CORONERS ASSOCIATION WEBSITE AND, BEFORE ANY CHANGE TO THE APPROVED RECOGNIZED FORENSIC SCIENCE DEGREE OR CERTIFICATION PROGRAM TAKES PLACE, THE NEW RECOGNIZED FORENSIC SCIENCE DEGREE OR CERTIFICATION PROGRAM MUST BE APPROVED BY THE CRIMINAL JUSTICE ACADEMY AND POSTED ON THE SOUTH CAROLINA CORONERS ASSOCIATION WEBSITE; AND TO AMEND SECTION 23-11-110(B), RELATING TO THE QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO PROVIDE THAT A CANDIDATE FOR SHERIFF MAY BE CERTIFIED BY A POLITICAL PARTY OR AUTHORITY TO WHICH A PETITION IS SUBMITTED IF THE CANDIDATE SUBMITS A SWORN FULLY COMPLETED AFFIDAVIT.
Referred to Committee on Judiciary
S. 162 (Word version) -- Senators Bennett, Johnson and Climer: A BILL TO AMEND SECTION 12-37-2615 OF THE 1976 CODE, RELATING TO PENALTIES FOR FAILURE TO REGISTER A MOTOR VEHICLE, TO PROVIDE THAT A PERSON WHO FAILS TO REGISTER A MOTOR VEHICLE IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR A PERIOD NOT TO EXCEED THIRTY DAYS, OR BOTH.
Referred to Committee on Judiciary
S. 189 (Word version) -- Senators Shealy, Hutto and Jackson: A BILL TO AMEND SECTION 63-7-1640(C)(1)(d) OF THE 1976 CODE, RELATING TO FAMILY PRESERVATION AND REUNIFICATION, TO ALLOW THE DEPARTMENT OF SOCIAL SERVICES TO FOREGO REASONABLE EFFORTS TO REUNIFY A FAMILY IN THE CASE OF TORTURE; TO AMEND SECTION 63-7-2570 OF THE 1976 CODE, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, TO ADD TORTURE, OR CONSPIRING TO COMMIT TORTURE, AS A GROUND FOR TERMINATING A PARENT'S RIGHTS; TO AMEND SECTION 16-3-85 (A) AND (C) OF THE 1976 CODE, RELATING TO HOMICIDE BY CHILD ABUSE, TO ADD DEATH OF A CHILD BY TORTURE, OR BY CONSPIRING TO TORTURE, AS ACTIONS CONSTITUTING THE OFFENSE, AND TO ESTABLISH CRIMINAL PENALTIES; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16 OF THE 1976 CODE, RELATING TO HOMICIDE, BY ADDING SECTION 16-3-100, TO PROVIDE THAT TORTURING A CHILD, OR ALLOWING ANOTHER TO TORTURE A CHILD, IS A CRIMINAL OFFENSE, AND TO ESTABLISH PENALTIES; AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Judiciary
S. 203 (Word version) -- Senators Young, Shealy and Massey: A BILL TO AMEND CHAPTER 17, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL DISTRICTS, BY ADDING SECTION 59-17-45, TO PROVIDE CRITERIA FOR SCHOOL DISTRICT CONSOLIDATION, AND TO PROVIDE FOR AN EXCEPTION.
Referred to Committee on Education and Public Works
S. 276 (Word version) -- Senators Senn and McLeod: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-540, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO THREATEN, SOLICIT ANOTHER TO THREATEN, OR CONSPIRE TO THREATEN TO CAUSE DAMAGE, SERIOUS BODILY INJURY, OR DEATH OR TO CAUSE DAMAGE TO OR DESTROY A BUILDING OR OTHER REAL OR PERSONAL PROPERTY BY USE OF A DANGEROUS WEAPON ON ANY PREMISES OR PROPERTY OWNED, OPERATED, OR CONTROLLED BY A PRIVATE OR PUBLIC SCHOOL, COLLEGE, UNIVERSITY, TECHNICAL COLLEGE, OR OTHER POST-SECONDARY INSTITUTION, IN A CHURCH, IN ANY PUBLICLY OWNED BUILDING OR RECREATIONAL PARK AREAS, OR IN A PUBLIC GATHERING PLACE; TO PROVIDE THAT A PERSON WHO IS CHARGED WITH A VIOLATION MUST UNDERGO A MENTAL HEALTH EVALUATION AND, IF NECESSARY, MENTAL HEALTH TREATMENT OR COUNSELING; AND TO PROVIDE FOR PENALTIES.
Referred to Committee on Judiciary
S. 281 (Word version) -- Senators Talley, Campbell and Martin: A BILL TO AMEND ARTICLE 15, CHAPTER 3, TITLE 47 OF THE 1976 CODE, RELATING TO THE PROTECTION OF GUIDE DOGS, BY ADDING SECTION 47-3-980, TO PROVIDE THAT INTENTIONAL MISREPRESENTATION OF A SERVICE ANIMAL IS A MISDEMEANOR AND TO ESTABLISH PENALTIES; AND TO AMEND SECTIONS 47-3-920(4) AND 47-3-970, RELATING TO TERMS DEFINED IN LAYLA'S LAW AND RESTITUTION REQUIREMENTS RESPECTIVELY, TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary
S. 342 (Word version) -- Senators Rankin and Hutto: A BILL TO ENACT THE "RESPONSIBLE ALCOHOL SERVER TRAINING ACT"; TO AMEND TITLE 61 OF THE 1976 CODE, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 3, TO PROVIDE FOR THE ESTABLISHMENT, IMPLEMENTATION, AND ENFORCEMENT OF A MANDATORY ALCOHOL SERVER TRAINING AND EDUCATION PROGRAM, TO REQUIRE SERVERS OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN LICENSED OR PERMITTED BUSINESSES TO OBTAIN ALCOHOL SERVER CERTIFICATES, TO PROVIDE GUIDANCE FOR THE CURRICULA OF THE TRAINING PROGRAMS, TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO BE RESPONSIBLE FOR APPROVAL OF THE TRAINING PROGRAMS AND IMPLEMENTATION OF THE ALCOHOL SERVER CERTIFICATES, TO REQUIRE FEES FROM PROVIDERS OF TRAINING PROGRAMS AND FROM APPLICANTS FOR ALCOHOL SERVER CERTIFICATES TO COVER THE COSTS OF THE MANDATORY TRAINING AND ENFORCEMENT, TO REQUIRE COORDINATION AMONG THE DEPARTMENT OF REVENUE, THE STATE LAW ENFORCEMENT DIVISION, AND OTHER STATE AND LOCAL AGENCIES FOR THE IMPLEMENTATION AND ENFORCEMENT OF THESE PROVISIONS, AND TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; TO AMEND SECTION 61-2-60 OF THE 1976 CODE, RELATING TO THE PROMULGATION OF REGULATIONS, TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS GOVERNING THE DEVELOPMENT, IMPLEMENTATION, EDUCATION, AND ENFORCEMENT OF RESPONSIBLE ALCOHOL SERVER TRAINING PROVISIONS; AND TO AMEND SECTION 61-4-50, SECTION 61-4-90(A), SECTION 61-4-580, SECTION 61-6-2220, SECTION 61-6-4070(A), AND SECTION 61-6-4080 OF THE 1976 CODE, ALL RELATING TO THE UNLAWFUL SALE OF ALCOHOL, TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS.
Referred to Committee on Judiciary
S. 480 (Word version) -- Senator Alexander: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-90, TO PROVIDE THAT AN AGENCY AUTHORIZED TO CONDUCT FINGERPRINT BACKGROUND CHECKS IN THIS STATE MAY CONDUCT A FEDERAL FINGERPRINT REVIEW, TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, UPON REQUEST, MAY SUBMIT THE FINGERPRINTS COLLECTED BY AGENCIES AND INFORMATION RELATED TO THOSE PRINTS TO THE FEDERAL BUREAU OF INVESTIGATION'S NEXT GENERATION IDENTIFICATION PROGRAM, TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION MAY RETAIN COLLECTED FINGERPRINTS AND SEARCH ANY RETAINED FINGERPRINTS AT A LATER DATE PURSUANT TO AN APPROPRIATE INQUIRY, AND TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY CHARGE A REASONABLE FEE FOR THE COLLECTION AND RETENTION OF THE FINGERPRINTS.
Referred to Committee on Judiciary
S. 675 (Word version) -- Senators Turner and Allen: A BILL TO AMEND ACT 745 OF 1967, RELATING TO RENEWABLE WATER RESOURCES (REWA), FORMERLY KNOWN AS THE WESTERN CAROLINA REGIONAL SEWER AUTHORITY, TO ADD THE "SOUTHERN GREENVILLE" AREA OF GREENVILLE COUNTY TO REWA'S SERVICE TERRITORY, TO EXPRESS THE GENERAL ASSEMBLY'S INTENT TO DESIGNATE A MAP AS THE DOCUMENT OF RECORD ON WHICH REWA'S AMENDED BOUNDARY LINES ARE DELINEATED, AND TO PROVIDE THAT NO RESIDENTIAL OR COMMERCIAL ENTITY LOCATED WITHIN THE SOUTHERN GREENVILLE EXTENDED TERRITORY IS REQUIRED TO TAP INTO THE SERVICES PROVIDED BY REWA UNLESS THE ENTITY DOES SO VOLUNTARILY OR HAS NO OTHER DHEC-APPROVED METHOD FOR DISPOSAL.
Referred to Committee on Labor, Commerce and Industry
S. 712 (Word version) -- Senator Gambrell: A BILL TO AMEND ACT 549 OF 1973, AS AMENDED, RELATING TO THE BROADWAY WATER AND SEWERAGE DISTRICT IN ANDERSON COUNTY, SO AS TO RATIFY A 2001 EXPANSION OF THE DISTRICT'S SERVICE AREA PURSUANT TO A TRANSFER OF TERRITORY FROM THE BELTON-HONEA PATH WATER AUTHORITY.
Referred to Anderson Delegation
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Blackwell Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Garvin Gilliam Govan Hardee Hart Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Moore D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
LEAVE OF ABSENCE
The SPEAKER granted Rep. MCDANIEL a leave of absence for the day.
The SPEAKER granted Rep. HIXON a leave of absence for the day due to prior commitment.
The SPEAKER granted Rep. YOUNG a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. MURPHY a leave of absence for the day.
The SPEAKER granted Rep. KING a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. STRINGER a leave of absence for the day.
The SPEAKER granted Rep. GILLIARD a leave of absence for the day.
Rep. BURNS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 10.
Rep. WHITE presented to the House the Pendleton High School Marching Band, directors, and other school officials.
Reps. CLEMMONS, CRAWFORD, FRY, HARDEE, JOHNSON, MCGINNIS, BAILEY and HEWITT presented to the House the Myrtle Beach High School Football Team, coaches, and other school officials.
The House stood at ease for remarks by former Representative Mike Pitts.
At 11:25 a.m. the House resumed, the SPEAKER in the Chair.
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. 3045 (Word version)
Date: ADD:
04/11/19 CLARY
Bill Number: H. 3045 (Word version)
Date: ADD:
04/11/19 FUNDERBURK
Bill Number: H. 3403 (Word version)
Date: ADD:
04/11/19 BANNISTER
Bill Number: H. 3999 (Word version)
Date: ADD:
04/11/19 BENNETT
Bill Number: H. 4203 (Word version)
Date: ADD:
04/11/19 NORRELL and FUNDERBURK
Bill Number: H. 4431 (Word version)
Date: ADD:
04/11/19 ANDERSON and HYDE
Bill Number: H. 4442 (Word version)
Date: ADD:
04/11/19 COLLINS, HIOTT, HYDE, JOHNSON, B. COX, ELLIOTT, G. R. SMITH and MOORE
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4357 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL RESIDENTIAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4868, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4358 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO NATIONAL ELECTRICAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4867, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4359 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL FUEL GAS CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4866, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4360 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR LICENSURE; AND MINOR CORRECTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4857, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 4361 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOME INSTALLATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4824, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4362 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO DENIAL OF CERTIFICATION FOR MISCONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4813, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4363 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO WITHDRAWAL OF CERTIFICATION OF LAW ENFORCEMENT OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4812, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4364 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO ADDITIONAL REGULATIONS APPLICABLE TO SPECIFIC PROPERTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4365 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4841, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 4366 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO REQUIREMENTS FOR STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4838, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4367 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4834, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4368 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 4816, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4369 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO TRANSPORTATION PROJECT PRIORITIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4370 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING CRISIS STABILIZATION UNIT FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4809, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 3036 (Word version) -- Reps. McCravy, Parks, West, Gagnon, Martin, Hiott, Burns, Huggins, G. R. Smith, Trantham, Ridgeway, Thayer, W. Cox, Toole, Johnson, Jefferson, Clary, Gilliard and Henegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "DYLAN'S LAW"; AND BY ADDING SECTION 44-37-35 SO AS TO REQUIRE NEONATAL TESTING FOR CERTAIN GENETIC DISORDERS AND DISEASES AND FOR OTHER PURPOSES.
H. 4075 (Word version) -- Reps. Johnson, Tallon, Hixon, Pope, Hardee, Hyde, Hewitt and R. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 1-7-730 RELATING TO THE EXAMINATION OF THE OFFICES OF COUNTY OFFICERS.
H. 4413 (Word version) -- Reps. G. M. Smith, Lucas, Simrill, Rutherford and Stavrinakis: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2019-2020 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, AND TO PROVIDE EXCEPTIONS.
H. 4439 (Word version) -- Reps. Clemmons, Bryant, Hosey, R. Williams, Blackwell, Clary and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-250 SO AS TO DESIGNATE THE SIXTEENTH DAY OF JULY OF EACH YEAR AS "ATOMIC VETERANS DAY" IN SOUTH CAROLINA.
The following Bill was taken up:
H. 4332 (Word version) -- Reps. G.M. Smith and Stavrinakis: A BILL TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO PROVIDE FURTHER FINDINGS, TO PROVIDE FOR STRATEGIC INFRASTRUCTURE PROJECTS AS ECONOMIC DEVELOPMENT PROJECTS, AND TO ALLOW FOR FREIGHT TRANSPORTATION AS INFRASTRUCTURE. Rep. SIMRILL moved to adjourn debate on the Bill, which was agreed to.
Reps. HIOTT, TAYLOR, DILLARD, FELDER, LONG, HOSEY, CLYBURN, S. WILLIAMS, COBB-HUNTER, GARVIN, BRAWLEY and MACK withdrew their requests for debate on H. 3403 (Word version); however, other requests for debate remained on the Bill.
Rep. SIMRILL moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4446 (Word version) -- Reps. Hosey, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO CELEBRATE PAULINE BROWN OF BARNWELL FOR HER ACHIEVEMENTS AS A POET AND TO CONGRATULATE HER ON HER LATEST PUBLICATION, A TOUCH OF HEAVEN--IF ONLY YOU BELIEVE.
The following was introduced:
H. 4447 (Word version) -- Reps. Clary, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JOHN NICHOLS "NICKY" MCCARTER, JR., MEMBER OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, AND TO CONGRATULATE HIM FOR BEING SELECTED TO RECEIVE THE CLEMSON UNIVERSITY ALUMNI ASSOCIATION'S DISTINGUISHED SERVICE AWARD.
The Resolution was adopted.
The following was introduced: H. 4448 (Word version) -- Reps. Clemmons, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE LIEUTENANT COLONEL JAMES BAIN "JIM" KENDRICK OF HORRY COUNTY ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 4449 (Word version) -- Reps. Sandifer, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MARGARET "MOM" COURTNEY, AUTHOR OF THE JAMES F. BYRNES FOUNDATION, FOR HER OUTSTANDING CONTRIBUTIONS TO THE FOUNDATION'S JAMES F. BYRNES SCHOLARSHIPS.
The following was introduced:
H. 4450 (Word version) -- Reps. Blackwell, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE MAY 2019 AS "BETTER HEARING AND SPEECH MONTH" IN SOUTH CAROLINA AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO BECOME INFORMED ABOUT THIS CRITICAL HEALTH ISSUE.
Whereas, Better Hearing and Speech Month provides an opportunity to raise awareness and help educate communities about hearing health and the irreversible effects of hearing loss; and
Whereas, hearing is the number-one health issue in men over sixty-five and the number-four health issue for women. Over time, hearing loss causes communication to break down, which can cause individuals to become isolated and stop participating in activities. Screenings should be encouraged for individuals over the age of sixty as part of their annual wellness program; and
Whereas, hearing loss affects individuals across a wide range of ages, including high school students. Seventeen percent of high school students show the beginning signs of hearing loss; and Whereas, Sertoma, Inc., and Hearing Charities of America fight to change the lives of people in communities nationwide through programs in hearing health, including the SAFEEars! program and CELEBRATE SOUND Don't Walk in Silence® events; and
Whereas, individuals can help by joining a hearing-health organization, donating a hearing device, volunteering, or donating to support the mission of hearing health. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, recognize May 2019 as "Better Hearing and Speech Month" in South Carolina and encourage all South Carolinians to become informed about this critical health issue.
Be it further resolved that a copy of this resolution be presented to Sertoma, Inc., and Hearing Charities of America.
The Resolution was adopted.
The following was introduced: H. 4451 (Word version) -- Reps. Finlay, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF HAROLD SMITH WALKER OF CHESTERFIELD COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4456 (Word version) -- Reps. Howard, Bernstein, Bales, Ballentine, Brawley, Finlay, Garvin, Hart, McDaniel, Rutherford, Rose and Thigpen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF ALPINE ROAD IN RICHLAND COUNTY FROM ITS INTERSECTION WITH POLO ROAD TO ITS INTERSECTION WITH JACKSON CREEK "JACQUALINE KASPROWSKI WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4452 (Word version) -- Reps. Erickson, Bradley, W. Newton and Rivers: A JOINT RESOLUTION TO COMMEMORATE THE SIXTIETH ANNIVERSARY OF THE OPENING OF THE RICHARD V. WOODS MEMORIAL BRIDGE IN DOWNTOWN BEAUFORT, SOUTH CAROLINA, AND TO CREATE THE WOODS BRIDGE STUDY COMMITTEE TO EXAMINE THE BRIDGE'S LIFESPAN AND CONDITION AND TO MAKE RECOMMENDATIONS ON POTENTIAL PLANS OR REPLACEMENT OPTIONS IN ORDER TO BEST PRESERVE THE HISTORIC LANDMARK.
Referred to Beaufort Delegation
H. 4453 (Word version) -- Reps. Elliott, Bannister and Clary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 157 TO TITLE 59 SO AS TO ENACT THE "STATE INSTITUTION OF HIGHER EDUCATION EFFICIENCY ACT", TO ALLOW THE BOARD OF TRUSTEES OF AN INSTITUTION OF HIGHER EDUCATION TO ESTABLISH BY RESOLUTION AN AUXILIARY DIVISION AS PART OF THE COLLEGE OR UNIVERSITY, TO PROVIDE THAT CERTAIN ASSETS, PROGRAMS, AND OPERATIONS OF THE COLLEGE OR UNIVERSITY MAY BE TRANSFERRED TO THE AUXILIARY DIVISION, TO PROVIDE THAT THE AUXILIARY DIVISION IS EXEMPT FROM VARIOUS STATE LAWS GOVERNING PROCUREMENT, HUMAN RESOURCES, PERSONNEL, AND THE DISPOSITION OF REAL AND PERSONAL PROPERTY, TO PROVIDE THAT BONDS, NOTES, OR OTHER EVIDENCE OF INDEBTEDNESS MAY BE ISSUED FOR THE AUXILIARY DIVISION, AND TO PROVIDE AUDIT AND REPORTING REQUIREMENTS; TO AMEND SECTION 8-11-260, RELATING TO EXEMPTIONS FROM THE PROVISIONS OF STATE PERSONNEL REGULATIONS AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF INSTITUTIONS TO WHICH THE HIGHER EDUCATION EFFICIENCY ACT APPLIES; TO AMEND SECTION 11-35-310, RELATING TO DEFINITIONS UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD DEFINITIONS OF "RESEARCH INSTITUTION" AND "INSTITUTION"; TO AMEND SECTION 11-35-1210, RELATING TO CERTIFICATION FOR DIRECT PROCUREMENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH DIRECT PROCUREMENTS MAY BE MADE; TO AMEND SECTION 11-35-1230, RELATING TO AUDITING AND FISCAL REPORTING, SO AS TO REVISE THE MANNER IN WHICH INSTITUTIONS OF HIGHER LEARNING ARE AUDITED; AND BY ADDING SUBARTICLE 11 TO ARTICLE 3, CHAPTER 35, TITLE 11 SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF RESEARCH INSTITUTIONS AND OTHER INSTITUTIONS TO UNDERTAKE CERTAIN ACTIONS, INCLUDING PURCHASING AND THE APPROVAL OF CONTRACTS.
Referred to Committee on Ways and Means
H. 4454 (Word version) -- Reps. Long, Chumley, Burns, Allison, Felder, Morgan, Taylor, Jefferson, Brown and Tallon: A BILL TO AMEND SECTION 56-5-1538, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY SCENE MANAGEMENT, SO AS TO DELETE PROVISIONS THAT REGULATE THE CONDUCT OF A DRIVER OF A VEHICLE APPROACHING AN EMERGENCY SCENE OR EMERGENCY VEHICLE, THE PENALTIES FOR VIOLATING THIS SECTION, AND CERTAIN TERMS AND THEIR DEFINITIONS; BY ADDING SECTION 56-5-1539 SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, REGULATE THE CONDUCT OF A DRIVER OF A VEHICLE APPROACHING A TRAFFIC INCIDENT SCENE, AND PROVIDE PENALTIES; TO AMEND SECTION 56-5-1535, RELATING TO THE OFFENSE OF ENDANGERMENT OF A HIGHWAY WORKER AND PENALTIES FOR A VIOLATION OF THIS OFFENSE, SO AS TO REVISE THE DEFINITION OF THE TERMS "HIGHWAY WORK ZONE" AND "HIGHWAY WORKER"; AND BY ADDING SECTION 56-5-1537 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION MUST PROVIDE TRAFFIC INCIDENT MANAGEMENT TRAINING TO A DRIVER OF A WRECKER OR TOWING SERVICE VEHICLE FREE OF CHARGE.
Referred to Committee on Education and Public Works
H. 4455 (Word version) -- Reps. Moore, R. Williams, Henegan, Govan, Rose, Mack, Pendarvis, Gagnon, Henderson-Myers, Alexander, Hosey, Bales, Rivers, S. Williams, Brawley, Simmons, Bamberg, Clyburn, Howard, Gilliard, Dillard, Garvin, Norrell, Ridgeway and Wheeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-250 SO AS TO ENACT THE "TEACHERS FIRST ACT", TO PROVIDE THAT IN THE EVENT THE UNITED STATES CONGRESS ENACTS LEGISLATION IN WHICH THE FEDERAL GOVERNMENT OFFERS THREE DOLLARS FOR EVERY ONE STATE DOLLAR TO INCREASE TEACHER SALARIES, THEN THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS SO THAT EACH ELIGIBLE CERTIFIED SOUTH CAROLINA TEACHER RECEIVES A PERMANENT RAISE THAT WOULD BRING THE TEACHER'S SALARY UP TO THAT OF AN INDIVIDUAL WITH A COMPARABLE PROFESSION.
Referred to Committee on Education and Public Works
S. 7 (Word version) -- Senators Malloy, Climer, Goldfinch, Talley, Harpootlian, Kimpson and Allen: A BILL TO AMEND SECTION 15-78-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION OF LIABILITY, SO AS TO INCREASE THE LIMITS FROM A LOSS TO ONE PERSON ARISING FROM A SINGLE OCCURRENCE TO ONE MILLION DOLLARS, TO INCREASE THE TOTAL LIMITS FROM A LOSS ARISING OUT OF A SINGLE OCCURRENCE TO TWO MILLION DOLLARS, AND TO REQUIRE THE LIMITS BE ADJUSTED ANNUALLY IN ACCORDANCE WITH THE CONSUMER PRICE INDEX.
Referred to Committee on Ways and Means
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 3929 (Word version) -- Reps. Anderson, R. Williams and Jefferson: A JOINT RESOLUTION TO PROVIDE THAT DURING THE 2018-2019 SCHOOL YEAR THE STATE BOARD OF EDUCATION MAY WAIVE THE REQUIREMENTS FOR MAKING UP DAYS BEYOND THE THREE DAYS THAT MAY BE FORGIVEN BY LOCAL SCHOOL DISTRICTS FOR ANY DAYS MISSED DURING THE 2018-2019 SCHOOL YEAR BECAUSE OF SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS REQUIRING SCHOOLS TO CLOSE, TO PROVIDE THESE WAIVERS ONLY MAY BE CONSIDERED AND GRANTED UPON REQUEST OF THE LOCAL SCHOOL BOARD OF TRUSTEES THROUGH A MAJORITY VOTE OF THAT LOCAL BOARD, AND TO PROVIDE THE PROVISIONS OF THIS JOINT RESOLUTION APPLY NOTWITHSTANDING THE PROVISIONS OF SECTION 59-1-425 OR ANOTHER PROVISION OF LAW.
Rep. ANDERSON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Brawley Burns Calhoon Caskey Chellis Chumley Clary Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Erickson Forrest Forrester Funderburk Garvin Gilliam Govan Hart Henderson-Myers Henegan Hewitt Hill Hiott Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Long Lucas Mace Magnuson Martin McCoy McCravy McGinnis McKnight Morgan V. S. Moss W. Newton Norrell Ott Pendarvis Ridgeway Rivers Robinson Rose Sandifer Simmons G. R. Smith Sottile Spires Stavrinakis Taylor Toole Trantham Weeks Wheeler Whitmire R. Williams S. Williams Wooten Yow
Those who voted in the negative are:
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.
Rep. RIDGEWAY, from the Clarendon Delegation, submitted a favorable report on: S. 735 (Word version) -- Senator Johnson: A BILL TO ABOLISH THE CLARENDON COUNTY BOARD OF EDUCATION, TO PROVIDE THAT THE CLARENDON COUNTY LEGISLATIVE DELEGATION MAKES FOUR APPOINTMENTS TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY AND NINE APPOINTMENTS TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 2 IN CLARENDON COUNTY.
On motion of Rep. RIDGEWAY, with unanimous consent, the following Bill was taken up for immediate consideration:
S. 735 (Word version) -- Senator Johnson: A BILL TO ABOLISH THE CLARENDON COUNTY BOARD OF EDUCATION, TO PROVIDE THAT THE CLARENDON COUNTY LEGISLATIVE DELEGATION MAKES FOUR APPOINTMENTS TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY AND NINE APPOINTMENTS TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 2 IN CLARENDON COUNTY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Brawley Bryant Burns Calhoon Chellis Chumley Clary Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Garvin Gilliam Henderson-Myers Henegan Hewitt Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Lucas Mace Martin McCoy McGinnis McKnight Moore Morgan V. S. Moss B. Newton Norrell Pendarvis Pope Ridgeway Rivers Robinson Sandifer Simmons Sottile Spires Stavrinakis Taylor Toole Trantham Weeks Wheeler R. Williams S. Williams Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. RIDGEWAY asked unanimous consent that S. 735 (Word version) be read a third time tomorrow.
Rep. HILL objected.
The following Bill was taken up:
H. 4332 (Word version) -- Reps. G. M. Smith and Stavrinakis: A BILL TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO PROVIDE FURTHER FINDINGS, TO PROVIDE FOR STRATEGIC INFRASTRUCTURE PROJECTS AS ECONOMIC DEVELOPMENT PROJECTS, AND TO ALLOW FOR FREIGHT TRANSPORTATION AS INFRASTRUCTURE.
Rep. FORREST moved to adjourn debate on the Bill until Tuesday, April 23, which was agreed to.
Reps. BAMBERG, GOVAN and MOORE withdrew their requests for debate on the following Bill: H. 3403 (Word version) -- Reps. Collins, Allison, Felder, Govan, Taylor, Bradley, West, Erickson, Stringer, Young and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-360 SO AS TO PROVIDE A PROCESS FOR THE EXEMPTION OF COMPETENCY-BASED SCHOOLS FROM CERTAIN APPLICABLE LAWS AND REGULATIONS, AND PROVIDE RELATED REQUIREMENTS FOR COMPETENCY-BASED SCHOOLS, THE STATE DEPARTMENT OF EDUCATION, AND THE COMMISSION ON HIGHER EDUCATION.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
H. 3403 (Word version) -- Reps. Collins, Allison, Felder, Govan, Taylor, Bradley, West, Erickson, Stringer, Young and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-360 SO AS TO PROVIDE A PROCESS FOR THE EXEMPTION OF COMPETENCY-BASED SCHOOLS FROM CERTAIN APPLICABLE LAWS AND REGULATIONS, AND PROVIDE RELATED REQUIREMENTS FOR COMPETENCY-BASED SCHOOLS, THE STATE DEPARTMENT OF EDUCATION, AND THE COMMISSION ON HIGHER EDUCATION.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3403 (Word version) (COUNCIL\WAB\ 3403C001.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 19, Title 59 of the 1976 Code is amended by adding:
"Section 59-19-360. (A)(1) If a district or school is seeking to implement competency-based education, the State Board of Education may exempt the school from state laws, policies, and regulations that hinder the implementation of certain competency-based practices. A district that wishes to obtain an exemption shall submit a waiver application to the State Board of Education in a format developed by the State Department of Education. To be considered, a waiver application must:
(a) be approved by the local school district board of trustees;
(b) explain why the waiver is necessary and how it will support implementation; (c) be aligned to the district strategic plan; and
(d) provide for the implementation of the strategies described in the waiver application for all students in the school, which may be implemented in phases over a period of five or fewer years.
(2) A district must show evidence of the meaningful steps already taken to engage parents and community stakeholders. A district must also include a continued plan to seek parental outreach and consultation using guidelines approved by the State Board of Education when submitting a waiver application for approval by its local board of trustees and the State Board of Education, or the application may not be considered.
(3) A district whose waiver application is approved may request additional exemptions and may request amendments to its current approved waiver on a rolling basis.
(B) Competency-based education is designed to improve educational outcomes for students by advancing their mastery of concepts and skills through the following core principles:
(1) Learning outcomes must emphasize competencies that include:
(a) application and creation of World Class Knowledge; and
(b) the development and application of the World Class Skills and Life and Career Characteristics identified in the Profile of the South Carolina Graduate.
(2) Competencies must include explicit, measureable, and transferable student learning objectives that provide transparency and guide students, with customized support from teachers, as the students pursue their own inquiries, understanding, and ownership of learning.
(3) A student shall master competencies along a personalized and flexible pathway before he may advance. A student may demonstrate his mastery of competencies through his performance of the competencies, application of the competencies, or both.
(4) An assessment must be meaningful and used to personalize learning experiences with a student.
(5) A student must receive timely and personalized support based on his individual learning needs.
(C) A local school board of trustees and the State Board of Education may not exempt a school from:
(1) federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, national origin, religion, ancestry, or need for special education services; (2) health, safety, civil rights, and disability rights requirements as applied to other public schools operating in the district; or
(3) state and federal assessment requirements.
(D) A school operating under a waiver pursuant to this section shall admit all children eligible to attend the school, subject to space limitations, and may not limit or deny admission or show preference in an admission decision to an individual or group of individuals.
(E) If a school is operating under a waiver pursuant to this section, each student enrolled in the school is still considered to be a full-time equivalent student enrolled in the school for the purpose of calculating state financial support, average daily membership and attendance, and for accountability purposes. The department shall develop a process to ensure that schools and districts are not penalized for the purposes of accreditation.
(F) If a school is operating under a waiver pursuant to this section, each student must remain enrolled in the state's student information system.
(G) The State Department of Education shall establish procedures to ensure that a student who attends a school that is operating under a waiver pursuant to this section and subsequently transfers to another school within the district or to another district is not penalized by being required to repeat coursework that he successfully has mastered. The department may provide a necessary accreditation exemption to a school that launches a competency-based education program.
(H)(1) The State Department of Education shall create evaluation criteria and guidelines for schools that are operating under a waiver pursuant to this section. A participating school shall submit required data for a biennial cyclical review on a form developed by the department. The required data shall include, but not be limited to, indicators of student engagement, instructional practices, performance on assessments (formative, benchmark, and summative), high school success, and post-secondary success. The review must begin at the conclusion of the second academic year of the school's implementation of the waiver. A report summarizing the reviews, including the waivers requested and how they hindered implementation, shall be distributed to the Governor, the Speaker of the House, and the President of the Senate.
(2) If upon the cyclical review the department determines that a goal or objective is not being met, the department shall notify the district and school in writing. The district and school have sixty days to respond, after which the department may recommend revocation of the flexibility provisions to the State Board of Education.
(I) The Commission on Higher Education and State Board for Technical and Comprehensive Education shall establish policies to provide fair and equitable access to institutions of higher education and technical colleges as well as scholarships and financial aid for graduates of schools implementing innovative school models and using nontraditional diplomas and transcripts."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
The question 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 Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Brawley Bryant Burns Calhoon Chellis Chumley Clary Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Erickson Felder Forrest Funderburk Garvin Gilliam Govan Henderson-Myers Hewitt Hill Hiott Hosey Howard Huggins Hyde Jefferson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Sandifer Simmons Simrill G. M. Smith G. R. Smith Spires Stavrinakis Taylor Thigpen Toole Trantham Weeks West Wheeler R. Williams S. Williams Wooten Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. COLLINS, with unanimous consent, it was ordered that H. 3403 (Word version) be read the third time tomorrow.
Rep. BANNISTER moved that when the House adjourns today, it stand to meet in local Session on Friday, April 12, and to next meet in Statewide Session on Tuesday, April 23.
The Senate returned to the House with concurrence the following:
H. 4437 (Word version) -- Reps. Stavrinakis, Govan, Murphy, McCoy, Mace, B. Cox, Gilliard and Mack: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF THE HONORABLE ERNEST F. "FRITZ" HOLLINGS OF CHARLESTON COUNTY, TO CELEBRATE HIS LIFE AND ACHIEVEMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS. H. 4435 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JACQUALINE "JACQUIE" KASPROWSKI, PRINCIPAL OF CARDINAL NEWMAN SCHOOL, FOR THIRTEEN YEARS OF EXEMPLARY SERVICE AS SHE DEPARTS TO CONTINUE AS ASSOCIATE DIRECTOR OF SECONDARY EDUCATION FOR THE DIOCESE OF CHARLESTON, AND TO WISH HER CONTINUED JOY IN ALL HER FUTURE ENDEAVORS. H. 4436 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO HONOR TERRY PEACE, SENIOR VICE PRESIDENT OF BLUE CROSS BLUE SHIELD OF SOUTH CAROLINA, ON THE OCCASION OF HER UPCOMING RETIREMENT, TO THANK HER FOR HER TWENTY-SEVEN YEARS OF HARD WORK AND DEDICATED SERVICE TO THE COMPANY AND HER COMMUNITY, AND TO OFFER BEST WISHES FOR A SATISFYING AND REWARDING RETIREMENT.
H. 4433 (Word version) -- Reps. Pendarvis, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA ASSOCIATION OF REALTORS(r) FOR ITS STRONG SUPPORT OF FAIR HOUSING IN THE PALMETTO STATE AND TO DECLARE APRIL 2019 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA.
H. 3016 (Word version) -- Reps. Govan, Jefferson, S. Williams and Rivers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GOFF AVENUE IN THE CITY OF ORANGEBURG FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 601 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 21 "DR. H.N. TISDALE AVENUE" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION. H. 4235 (Word version) -- Rep. Yow: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED ON HIGHWAY 1 APPROXIMATELY FOUR MILES OUTSIDE THE TOWN OF MCBEE "SERGEANT DARRYL QUICK MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
At 11:58 a.m. the House, in accordance with the motion of Rep. CLARY, adjourned in memory of Dr. Larry Bauer, to meet at 10:00 a.m. tomorrow.
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