South Carolina General Assembly
123rd Session, 2019-2020
Journal of the Senate

                                                    NO. 7

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2020

_________

THURSDAY, JANUARY 23, 2020

Thursday, January 23, 2020
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

1 Corinthians 13: 4,5

"Love is patient, love is kind; love is not envious or boastful or arrogant or rude. It does not insist on its own way..."

Let us pray. Gracious God, We are here today to glorify You and live an honorable and meaningful life. But what exactly defines meaningful? Is it what we believe, is it what we achieve, is it what we sacrifice for the greater good, is it the change we bring about in ourselves or is it what we give back to society that counts.

It is in fact all of these things but only if, as scripture says, we do these things with love. Therefore we pray this day that kindness and patience will define who we are today and every day until the hour our work is done. For it is in Your holy name that we pray, Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Point of Quorum

At 11:03 A.M., Senator ALEXANDER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator ALEXANDER moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bennett                   Climer
Corbin                    Cromer                    Davis
Fanning                   Goldfinch                 Grooms
Harpootlian               Hutto                     Johnson
Malloy                    Martin                    Nicholson
Peeler                    Reese                     Rice
Scott                     Senn                      Setzler
Shealy                    Talley                    Turner
Young

A quorum being present, the Senate resumed.

Doctor of the Day

Senator NICHOLSON introduced Dr. Gregory Tarasidis of Greenwood, S.C., Doctor of the Day.

Expression of Personal Interest

Senator NICHOLSON rose for an Expression of Personal Interest.

CO-SPONSOR ADDED

The following co-sponsor was added to the respective Bill:
S. 461 (Word version)     Sen. Alexander

RECALLED

S. 919 (Word version) -- Senator M.B. Matthews: A BILL TO AMEND SECTION 7-7-110 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, TO ADD THE NEW RIVER, PALMETTO BLUFF, AND SANDY POINTE VOTING PRECINCTS, TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE, AND TO CORRECT AN OUTDATED REFERENCE TO THE FORMER OFFICE OF RESEARCH AND STATISTICS.

Senator CORBIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 920 (Word version) -- Senator M.B. Matthews: A BILL TO AMEND SECTION 7-7-330 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, TO ADD TWO PRECINCTS AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

Senator CORBIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 1003 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 7-7-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO ELIMINATE THE BREWERTON AND PRINCETON VOTING PRECINCTS, TO ESTABLISH THE BREWERTON-PRINCETON VOTING PRECINCT, AND TO UPDATE THE MAP NUMBER ON WHICH THE NAMES AND BOUNDARIES OF THE LAURENS COUNTY VOTING PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

Senator CORBIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4944 (Word version) -- Reps. Tallon, Allison, Chumley, Forrester, Henderson-Myers, Hyde, Long and Magnuson: A BILL TO AMEND SECTION 7-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO ADD THE BROOME HIGH SCHOOL PRECINCT, TO ELIMINATE THE CLIFDALE ELEMENTARY PRECINCT, AND TO UPDATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

Senator CORBIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1034 (Word version) -- Senators Grooms, Campbell, Loftis and Climer: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO REDUCE EACH TAX RATE BY ONE PERCENT OVER A FIVE-YEAR PERIOD IN CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 12-6-515 RELATING TO A BRACKET REDUCTION.
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Read the first time and referred to the Committee on Finance.

S. 1035 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY CLASSIFICATIONS AND ASSESSMENT RATIOS, SO AS TO PROVIDE THAT FOR PURPOSES OF OBTAINING THE SPECIAL FOUR PERCENT ASSESSMENT RATE, A PERSON WHO OWNS AND OCCUPIES A RESIDENCE AS HIS LEGAL RESIDENCE IS DEEMED TO BE DOMICILED AT THAT RESIDENCE IF THE PERSON IS IN THE UNITED STATES ON CERTAIN VISAS.
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Read the first time and referred to the Committee on Finance.

S. 1036 (Word version) -- Senators Cromer and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-1-40 SO AS TO ADOPT THE "SOUTH CAROLINA ACT CONCERNING INTERPRETATION OF INSURANCE LAWS".
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1037 (Word version) -- Senator Fanning: A BILL TO AMEND SECTION 59-20-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO EACH SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE PUPIL CLASSIFICATION WEIGHTING FOR CAREER AND TECHNOLOGY MUST APPLY TO GRADES SIX THROUGH EIGHT.
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Read the first time and referred to the Committee on Education.

S. 1038 (Word version) -- Senator Fanning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-42 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT MUST ATTAIN CERTAIN AVERAGE PUPIL-TEACHER RATIOS AND MAY NOT ALLOW A TEACHER TO TEACH MORE THAN ONE-HUNDRED FIFTY STUDENTS IN ONE SEMESTER TO QUALIFY FOR FUNDING.
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Read the first time and referred to the Committee on Education.

S. 1039 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-23-500 OF THE 1976 CODE, RELATING TO THE UNLAWFUL POSSESSION OF A FIREARM BY A PERSON CONVICTED OF A VIOLENT OFFENSE, TO EXPAND THE PARAMETERS OF THE OFFENSE TO INCLUDE PERSONS CONVICTED OF A CRIME PUNISHABLE BY A TERM OF IMPRISONMENT OF ONE YEAR OR MORE AND TO PROVIDE INCREASED, GRADUATED PENALTIES FOR A VIOLATION.
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Read the first time and referred to the Committee on Judiciary.

S. 1040 (Word version) -- Senator Gambrell: A CONCURRENT RESOLUTION A RESOLUTION TO HONOR THEODORE A. "TED" MATTISON FOR HIS LIFETIME OF EXTRAORDINARY ACCOMPLISHMENTS AND CONTRIBUTIONS TO ANDERSON COUNTY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1041 (Word version) -- Senator Climer: A BILL TO AMEND SECTION 39-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELF-SERVICE STORAGE FACILITY DEFINITIONS, SO AS TO ADD THE DEFINITION OF "LATE FEE"; TO AMEND SECTION 39-20-30, RELATING TO LIENS AND DENIAL OF ACCESS TO PERSONAL PROPERTY, SO AS TO PROVIDE THAT AN OWNER MAY IMPOSE CERTAIN LATE FEES; TO AMEND SECTION 39-20-45, RELATING TO THE ENFORCEMENT OF LIENS, SO AS TO PROVIDE FOR CERTAIN ONLINE NOTIFICATIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1042 (Word version) -- Senator Hembree: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILL-TREATMENT OF ANIMALS, SO AS TO REMOVE THE EXCEPTION FOR THE TRAINING OF HUNTING DOGS; AND TO AMEND SECTION 47-1-70, RELATING TO THE ABANDONMENT OF ANIMALS, SO AS TO REMOVE THE EXCEPTION FOR HUNTING DOGS.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1043 (Word version) -- Senator Hembree: A BILL TO AMEND SECTION 50-15-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLIGATOR MANAGEMENT PROGRAM, SO AS TO ESTABLISH THAT THE DEPARTMENT OF NATURAL RESOURCES MUST SET CONDITIONS FOR THE HUMANE TAKING AND DISPOSITION OF ALLIGATORS; TO PROHIBIT THE TAKING OF ALLIGATORS FROM A SANCTUARY UNLESS THE ALLIGATOR HAS BEEN DETERMINED TO BE A NUISANCE; TO REQUIRE THE DEPARTMENT TO ESTABLISH SPECIFIC METHODS OF HUMANE CAPTURE, REMOVAL, AND DISPOSAL OF ALLIGATOR PARTS; AND TO EXPAND THE SCOPE OF ACTIONS VIOLATING THE PROVISIONS OF THIS SECTION TO INCLUDE THE INHUMANE TAKING, REMOVING, AND DISPOSITION OF AN ALLIGATOR OR ALLIGATOR PARTS, AND TO PROVIDE THAT THE OFFICIAL CITATION ISSUED BY ENFORCEMENT OFFICERS MAY BE USED TO CITE VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1044 (Word version) -- Senators Hutto, Williams and Campbell: A BILL TO AMEND SECTION 40-37-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCATIONS WHERE OPTOMETRY MOBILE UNITS MAY VISIT AND PROVIDE VISION SERVICES, SO AS TO INCLUDE TITLE I PUBLIC SCHOOLS AMONG THOSE PLACES IF THE SERVICES ARE RENDERED AS PART OF NOT-FOR-PROFIT PROGRAMS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1045 (Word version) -- Senator Goldfinch: A BILL TO AMEND SECTION 7-7-270(B), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
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Read the first time and referred to the Committee on Judiciary.

S. 1046 (Word version) -- Senators Hutto, Talley, Sheheen, Young and Setzler: A BILL TO AMEND CHAPTER 1, TITLE 44 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BY ADDING SECTION 44-1-225, TO PROVIDE THAT ALL NURSING HOMES AND SKILLED AND INTERMEDIATE CARE NURSING FACILITIES LICENSED BY THE DEPARTMENT ARE REQUIRED TO MAINTAIN A GENERAL LIABILITY INSURANCE POLICY OF AT LEAST ONE MILLION DOLLARS, AND TO PROVIDE A PENALTY.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1047 (Word version) -- Senator Williams: A SENATE RESOLUTION TO HONOR AND RECOGNIZE MRS. SARAH DIXON FOR HER CONSIDERABLE CONTRIBUTIONS TO AND PARTICIPATION IN THE HORRY ELECTRIC COOPERATIVE, INC., AND TO CONGRATULATE HER UPON BEING NAMED THE COOPERATIVE'S 2020 RURAL LADY OF THE YEAR.
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The Senate Resolution was adopted.

H. 3199 (Word version) -- Reps. Govan, Clyburn, Gilliard and Garvin: A BILL TO AMEND SECTION 59-29-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTIONAL TOPICS REQUIRED IN HIGH SCHOOL FINANCIAL LITERACY PROGRAMS, SO AS TO ALSO REQUIRE INSTRUCTION ON THE TOPICS OF COLLEGE AND EDUCATION LOANS, KEY LOAN TERMS, MONTHLY PAYMENT OBLIGATIONS, REPAYMENT OPTIONS, CREDIT, AND EDUCATION LOAN DEBT.

Read the first time and referred to the Committee on Education.

H. 3244 (Word version) -- Reps. Brown, Mack, Pendarvis and Gilliard: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE GOVERNANCE OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THOSE PROCEDURES WHICH THE DISTRICT BOARD OF TRUSTEES MUST FOLLOW TO CLOSE A RURAL SCHOOL, TO DEFINE "RURAL SCHOOL", TO REQUIRE THE BOARD TO DOCUMENT THAT ANY SUCH CLOSING MUST RESULT IN A REDUCTION IN THE OPERATING EXPENSES OF THE DISTRICT TRANSLATED INTO AN ESTIMATED PROPERTY TAX MILLAGE REDUCTION THAT MUST BE REFLECTED BEGINNING FOR THE FIRST PROPERTY TAX YEAR AFTER THE CLOSING DATE, TO REQUIRE THE BOARD TO CONDUCT THREE PUBLIC HEARINGS IN THE AFFECTED COMMUNITY TO RECEIVE PUBLIC COMMENTS, TO SPECIFY OTHER CONSIDERATIONS RELATING TO TRAVEL TIME AND ADDITIONAL TRAVEL EXPENSES AND THE OVERALL BENEFIT TO STUDENTS AND THE DISTRICT FROM CLOSING THE SCHOOL, TO REQUIRE THE BOARD TO PREPARE A COMPREHENSIVE REPORT ON THESE ISSUES BEFORE MAKING A DECISION ON THE CLOSING AND REQUIRE THIS REPORT, UPON COMPLETION, TO BE FORWARDED TO EACH MEMBER OF THE LEGISLATIVE DELEGATION REPRESENTING THE CHARLESTON COUNTY SCHOOL DISTRICT, AND TO PROVIDE CERTAIN EXCEPTIONS TO THE ABOVE REQUIREMENTS.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3257 (Word version) -- Reps. Moore, S. Williams, Clyburn, McDaniel, Matthews, Pendarvis, Henderson-Myers, Govan, King, Ridgeway, Hosey, Wheeler, Wooten, Clary, Elliott and W. Cox: A BILL TO AMEND SECTION 59-32-20, AS AMENDED, RELATING TO INSTRUCTIONAL UNITS REQUIRED UNDER THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP CERTAIN UNITS CONCERNING MENTAL HEALTH AND WELLNESS; AND TO AMEND SECTION 59-32-30, RELATING TO COURSEWORK REQUIREMENTS OF THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REQUIRE MIDDLE SCHOOLS OFFER ONE ELECTIVE UNIT OF STUDY IN MENTAL HEALTH AND WELLNESS TO SEVENTH GRADE STUDENTS AND TO PROVIDE NINTH GRADE STUDENTS SHALL SUCCESSFULLY COMPLETE ONE UNIT OF STUDY IN MENTAL HEALTH AND WELLNESS.

Read the first time and referred to the Committee on Education.

H. 3695 (Word version) -- Reps. Calhoon, Huggins, Taylor, Allison, Ballentine, Forrest, Matthews, Spires, Toole, Wooten, Hill and Jones: A BILL TO AMEND SECTION 56-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976. RELATING TO VEHICLES CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO PROVIDE THAT FOR THE SOLE PURPOSE OF DETERMINING HIGH MILEAGE TAX DEDUCTIONS, MOTORCYCLES AND MOTORCYCLE THREE-WHEEL VEHICLES SHALL BE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES.

Read the first time and referred to the Committee on Transportation.

H. 4076 (Word version) -- Reps. Tallon, Hixon, Johnson, W. Newton and R. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-135 SO AS TO PROVIDE THAT AN AGENCY OR INSTRUMENTALITY IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT OR A PUBLIC INSTITUTION OF HIGHER LEARNING WITH A GOVERNING BOARD OR COMMISSION SHALL PROVIDE INCUMBENT MEMBERS OF THE BOARD AND NEW MEMBERS OF THE BOARD WITH A WRITTEN DOCUMENT OUTLINING THE AGENCY'S, INSTRUMENTALITY'S, OR INSTITUTION'S STATUTORY DUTIES AND POWERS, WHICH INCUMBENT BOARD MEMBERS MUST SIGN WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND WHICH NEW BOARD MEMBERS MUST SIGN WITHIN NINETY DAYS AFTER TAKING OFFICE.

Read the first time and referred to the Committee on Judiciary.

H. 4202 (Word version) -- Reps. Pope, Felder, Ligon, Stavrinakis, Simrill, Bryant, Finlay, Hixon and D. C. Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-145 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE UPON RECEIPT OF CERTAIN DOCUMENTATION A CERTIFICATE OF FOREIGN BIRTH FOR A CHILD WITH UNITED STATES CITIZENSHIP WHO IS BORN IN A FOREIGN COUNTRY TO A PARENT WHO IS A RESIDENT OF SOUTH CAROLINA; AND TO AMEND SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES, SO AS TO MAKE A TECHNICAL CORRECTION.

Read the first time and referred to the Committee on Medical Affairs.

H. 4286 (Word version) -- Rep. D. C. Moss: A BILL TO AMEND SECTION 39-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PRESCRIPTION DRUG LABELS, SO AS TO INCLUDE LOT NUMBERS.

Read the first time and referred to the Committee on Medical Affairs.

H. 4403 (Word version) -- Reps. Bennett and Brown: A BILL TO AMEND SECTION 59-63-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BULLYING PROHIBITION POLICIES ADOPTED BY SCHOOL DISTRICTS, SO AS TO PROVIDE PROCEDURES FOR RESPONDING TO AND REMEDIATING ALLEGATIONS OF BULLYING, TO REQUIRE AN APPEALS PROCEDURE, AND TO PROVIDE CERTAIN ADDITIONAL REQUIREMENTS OF SCHOOL DISTRICTS AND THE SUPERINTENDENT OF EDUCATION.

Read the first time and referred to the Committee on Education.

H. 4404 (Word version) -- Reps. Stringer, Herbkersman, W. Newton, Yow, Huggins, Ballentine, Erickson, B. Cox, Elliott, Allison, Forrest, G. M. Smith and Haddon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "VETERANS NURSING DEGREE OPPORTUNITY ACT"; AND BY ADDING ARTICLE 3 TO CHAPTER 33, TITLE 40 SO AS TO AUTHORIZE THE DEVELOPMENT AND IMPLEMENTATION OF VETERAN ASSOCIATE OF SCIENCE IN NURSING DEGREE PROGRAMS AND VETERAN BACHELOR OF SCIENCE IN NURSING DEGREE PROGRAMS TO ENABLE MILITARY VETERANS WITH RELEVANT MILITARY TRAINING AND EXPERIENCE TO EXPEDITE THE TRANSITION FROM MILITARY LIFE TO A PROFESSIONAL CAREER IN NURSING, TO PROVIDE NECESSARY DEFINITIONS, TO REQUIRE A COLLABORATIVE EFFORT BY THE COMMISSION ON HIGHER EDUCATION, STATE BOARD OF NURSING, BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND DIVISION OF VETERANS' AFFAIRS TO IDENTIFY GAPS BETWEEN RELEVANT MILITARY EDUCATION AND TRAINING AND ACADEMIC REQUIREMENTS FOR UNDERGRADUATE NURSING EDUCATION PROGRAMS AND DEGREES APPROVED BY THE STATE BOARD OF NURSING AND LICENSURE BY THE BOARD, AND TO APPROVE CURRICULUM TO ENABLE MILITARY VETERANS TO APPLY SUCH EDUCATION AND TRAINING TOWARD REQUIREMENTS FOR AN ASSOCIATE'S DEGREE IN NURSING OR A BACHELOR'S DEGREE IN NURSING AND LICENSURE AS A LICENSED PRACTICAL NURSE OR REGISTERED NURSE, AMONG OTHER THINGS.

Read the first time and referred to the Committee on Medical Affairs.

H. 4504 (Word version) -- Reps. Davis, Daning, Moore, Matthews, Hiott, Forrest, Hixon and Ligon: A BILL TO AMEND SECTION 44-96-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO PENALTIES FOR VIOLATING WASTE TIRE REGULATIONS, SO AS TO CHANGE CERTAIN PENALTY REQUIREMENTS; TO AMEND SECTION 44-96-170, RELATING TO THE REGULATION OF WASTE TIRES, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS AND MAKE CERTAIN PERMITTING DECISIONS CONCERNING WASTE TIRE MANAGEMENT; TO AMEND SECTION 44-96-450, RELATING TO PENALTIES FOR VIOLATION OF CERTAIN STATE SOLID WASTE MANAGEMENT LAWS, SO AS TO CHANGE CERTAIN PENALTY REQUIREMENTS; AND FOR OTHER PURPOSES.

Read the first time and referred to the Committee on Medical Affairs.

H. 4811 (Word version) -- Reps. Bailey, Hewitt, Hardee, Clemmons, Forrest, Hixon and Ligon: A BILL TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE, SO AS TO ALLOW FOR THE PLACEMENT OF SHORELINE PERPENDICULAR WINGWALLS THAT EXTEND LANDWARD FROM THE ENDS OF EXISTING EROSION CONTROL STRUCTURES OR DEVICES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4819 (Word version) -- Reps. Gilliam and Clyburn: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE UNION COUNTY TRANSPORTATION COMMITTEE.

Read the first time and referred to the Union County Delegation.

H. 5014 (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, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, 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 and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DALE GILES EARHARDT OF COLUMBIA ON THE OCCASION OF HER SEVENTIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator HEMBREE from the Committee on Education submitted a favorable with amendment report on:

S. 754 (Word version) -- Senators Hembree and Nicholson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-49-35 SO AS TO REQUIRE CERTAIN TRAINING OF THE BOARD OF TRUSTEES OF THE JOHN DE LA HOWE SCHOOL; BY ADDING SECTION 59-49-85 SO AS TO PROVIDE QUALIFICATIONS OF THE SCHOOL'S FACULTY; BY ADDING SECTION 59-49-112 SO AS TO PROVIDE THE BOARD SHALL ESTABLISH THE STANDARD COURSE OF STUDY OF THE SCHOOL; BY ADDING SECTION 59-49-115 SO AS TO PROVIDE FOR THE AWARDING OF DIPLOMAS; BY ADDING SECTION 59-49-117 SO AS TO PROVIDE ADMISSIONS REQUIREMENTS OF STUDENTS; BY ADDING SECTION 59-49-135 SO AS TO PROVIDE THE BOARD SHALL ESTABLISH A FOUNDATION AND MAINTAIN AN ENDOWMENT FUND FOR THE SCHOOL; BY ADDING SECTION 59-49-160 SO AS TO PROVIDE THE BOARD MAY EMPLOY CAMPUS POLICE, TO PROVIDE QUALIFICATIONS AND OTHER REQUIREMENTS OF THESE CAMPUS POLICE, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN MOTOR VEHICLE LAWS ON CAMPUS, AND TO PROVIDE THE BOARD MAY PROMULGATE CERTAIN RELATED REGULATIONS; TO AMEND SECTION 59-49-10, RELATING TO THE ESTABLISHMENT OF THE JOHN DE LA HOWE SCHOOL, SO AS TO RENAME AND REESTABLISH THE SCHOOL AS THE GOVERNOR'S SCHOOL FOR AGRICULTURE AT JOHN DE LA HOWE, AND TO PROVIDE THE PURPOSE OF THE SCHOOL; TO AMEND SECTION 59-49-20, RELATING TO THE BOARD OF TRUSTEES, SO AS TO ADD CERTAIN EX OFFICIO MEMBERS; TO AMEND SECTION 59-49-30, RELATING TO REMOVAL OF BOARD MEMBERS BY THE GOVERNOR FOR CAUSE, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 59-49-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 59-49-70, RELATING TO THE DECLARATION OF THE SCHOOL AS A BODY POLITIC, SO AS TO MAKE CONFORMING CHANGES CONCERNING THE RENAMING OF THE SCHOOL; TO AMEND SECTION 59-49-100, RELATING TO THE PURPOSE OF THE SCHOOL, SO AS TO PROVIDE ADDITIONAL ADMISSIONS CRITERIA; TO AMEND SECTION 59-49-110, RELATING TO THE CONDUCT OF FORESTRY AND FARM PRACTICES BY THE SCHOOL AND USE OF REVENUE DERIVED FROM THESE PRACTICES, SO AS TO PROVIDE THE SCHOOL SHALL SERVE AS A DEMONSTRATION FARM AND PROVIDE INSTRUCTION AND SUPPORT TO FARMERS AND PERSONS WORKING IN, OR WHO HAVE AN INTEREST IN, THE BUSINESS OF AGRICULTURE; TO AMEND SECTION 59-49-130, RELATING TO OBSOLETE PROVISIONS CONCERNING THE USE OF INCOME DERIVED FROM CERTAIN ENDEAVORS, SO AS TO PROVIDE FOR THE USE OF INCOME DERIVED FROM CERTAIN CURRENT ENDEAVORS OF THE SCHOOL; AND TO AMEND SECTION 59-49-150, RELATING TO EXPENSES OF STUDENTS, SO AS TO PROVIDE STUDENTS WHO ARE LEGAL RESIDENTS OF THIS STATE ARE NOT REQUIRED TO PAY TUITION BUT SHALL PAY CERTAIN FEES FOR MAINTENANCE AND FOOD SERVICES UNLESS THEY MEET CERTAIN POVERTY REQUIREMENTS, AND TO PROVIDE ALL OUT-OF-STATE AND FOREIGN EXCHANGE STUDENTS WHO ATTEND THE SCHOOL SHALL PAY TUITION AND CERTAIN FEES FOR MAINTENANCE AND FOOD SERVICES.

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 909 (Word version) -- Senators Gambrell and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-10-108 SO AS TO PROVIDE CIRCUMSTANCES IN WHICH PROFESSIONAL EMPLOYER ORGANIZATIONS MAY BE ELIGIBLE FOR CERTAIN TAX CREDITS AND ECONOMIC INCENTIVES UNDER THE ENTERPRISE ZONE ACT OF 1995; BY ADDING SECTION 40-68-145 SO AS TO PROVIDE FOR THE DETERMINATION OF TAX CREDITS AND ECONOMIC INCENTIVES BASED ON EMPLOYMENT WITH RESPECT TO CLIENT COMPANIES OF PROFESSIONAL EMPLOYER ORGANIZATIONS; TO AMEND SECTION 40-68-55, RELATING TO THE ABILITY OF THE DEPARTMENT OF INSURANCE TO REGULATE THE ACCEPTANCE OF AFFIDAVIT OR CERTIFICATION OF APPROVAL OF QUALIFIED ASSURANCE ORGANIZATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE FUNCTIONS BE PROVIDED BY REGULATION; TO AMEND SECTION 40-68-60, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND ASSIGNED EMPLOYEES, SO AS TO PROVIDE ORGANIZATIONS SHALL PROVIDE ASSIGNED EMPLOYEES WITH CERTAIN WRITTEN NOTICE OF HOW THE AGREEMENT AFFECTS THEM; TO AMEND SECTION 40-68-70, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND CLIENT COMPANIES, SO AS TO PROVIDE THAT THE TERMS OF THE AGREEMENT MUST BE ESTABLISHED BY WRITTEN CONTRACT; AND TO AMEND SECTION 40-68-150, RELATING TO CERTAIN PROHIBITED ACTS, SO AS TO PROVIDE PROFESSIONAL EMPLOYER ORGANIZATIONS SHALL NOT ENGAGE IN THE SALE OF INSURANCE OR ACT AS THIRD PARTY ADMINISTRATORS, AND TO PROVIDE THAT THE SPONSORING AND MAINTAINING OF EMPLOYEE BENEFIT PLANS FOR THE BENEFIT OF ASSIGNED EMPLOYEES DOES NOT CONSTITUTE THE SALE OF INSURANCE.

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3200 (Word version) -- Reps. Henderson-Myers, Allison, Bernstein, Govan, Ridgeway, Clyburn, Brawley, McDaniel, Cogswell, Caskey, Norrell and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA LACTATION SUPPORT ACT" BY ADDING SECTION 41-1-130 SO AS TO DEFINE NECESSARY DEFINITIONS, TO PROVIDE EMPLOYERS DAILY SHALL PROVIDE EMPLOYEES WITH REASONABLE UNPAID BREAK TIME OR SHALL PERMIT EMPLOYEES TO USE PAID BREAK TIME OR MEAL TIME TO EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS SHALL MAKE REASONABLE EFFORTS TO PROVIDE CERTAIN AREAS WHERE EMPLOYEES MAY EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS MAY NOT DISCRIMINATE AGAINST EMPLOYEES FOR CHOOSING TO EXPRESS BREAST MILK IN THE WORKPLACE IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT, AND TO PROVIDE REMEDIES FOR VIOLATIONS; AND TO PROVIDE RELATED FINDINGS AND EXPRESS RELATED POLICIES.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3596 (Word version) -- Reps. Long, Erickson, Clemmons, Bales, Fry, Loftis, Burns, Hewitt, Bannister, Forrester, Herbkersman, Huggins, Lowe, D.C. Moss, B. Newton, W. Newton, Pope, Robinson, Sandifer, Simrill, G.M. Smith, G.R. Smith, Tallon, Toole, Trantham, Johnson, V.S. Moss, Stringer, Willis, Bailey, Elliott, B. Cox, Magnuson, Clary, Hixon, Martin, Davis, Mace, Kimmons, Bennett, Bradley, Jordan, Finlay, Gagnon, McDaniel, Daning, Allison, Collins, McCoy, Atkinson, Hayes, Kirby, Wooten, Ballentine, Caskey, McCravy, Gilliam, Hill, Chellis, Crawford, Taylor, Young, Weeks, Yow, Whitmire, Hosey, Clyburn, Brown, Govan, Moore and Henderson-Myers: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO LIMIT ROLLBACK TAXES TO ONE YEAR WHEN LAND CLASSIFIED AS AGRICULTURAL REAL PROPERTY IS APPLIED TO ANOTHER USE.

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 4246 (Word version) -- Reps. Sandifer and Thayer: A BILL TO AMEND ACT 60 OF 2017, RELATING TO CRIMINAL BACKGROUND CHECKS BY THE REAL ESTATE COMMISSION, SO AS TO CHANGE THE TIME EFFECTIVE DATE TO JULY 1, 2020.

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 4327 (Word version) -- Reps. R. Williams, Jefferson, Ott, Magnuson, Chumley and Burns: A BILL TO AMEND SECTION 6-9-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INAPPLICABILITY OF CERTAIN BUILDING CODES ON FARM STRUCTURES, SO AS TO REVISE THE DEFINITION OF "FARM STRUCTURE" FOR PURPOSES OF THIS SECTION.

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

SECOND READING BILL

S. 1010 (Word version) -- Senators Young, Massey and Setzler: A BILL TO AMEND SECTION 2 OF ACT 926 OF 1962, RELATING TO THE MEMBERSHIP OF THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION, TO ADD TWO NON-VOTING MEMBERS.

On motion of Senator YOUNG.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

INTERRUPTED DEBATE

S. 419 (Word version) -- Senators Hembree, Malloy, Turner, Setzler, Sheheen and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CAREER OPPORTUNITY AND ACCESS FOR ALL ACT", TO PROVIDE FOR A STATEWIDE COLLEGE AND CAREER READINESS GOAL, STUDENT EMPOWERMENT, THE CREATION OF THE ZERO TO TWENTY COMMITTEE, ENHANCEMENTS TO WORKFORCE PREPARATION, EDUCATOR DEVELOPMENT AND SATISFACTION, HELP FOR STUDENTS IN UNDERPERFORMING SCHOOLS, LOCAL SCHOOL BOARD ACCOUNTABILITY, AND MISCELLANEOUS PROVISIONS. (Abbr. Title)

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Amendment No. 9

Senator CAMPSEN proposed the following amendment (419R026.SP.GEC):

Amend the bill, as and if amended, PART VI, page 57, line 36, by adding an appropriately numbered new SECTION to read:

/SECTION   _.   Chapter 25, Title 59 of the 1976 Code is amended by adding:

  "ARTICLE 9

Teacher Bill of Rights

Section 59-25-910.   (A)   All certified public school teachers in South Carolina have a right to:

(1)   have their professional judgment and discretion concerning disciplinary action or instructional decisions in the classroom, made in accordance with written school and district policies provided to faculty, be fully respected by school and district officials;

(2)   take appropriate disciplinary measures, including the removal of persistently disruptive students, pursuant to school and district policies as referenced in item (1), to facilitate a learning environment built upon a mutual culture of respect between teachers and their assigned students;

(3)   work in a safe, secure, and orderly environment that is conducive to learning and free from recognized dangers, hazards, or threats that are causing or likely to cause serious injury or disability;

(4)   an unencumbered daily planning time, equal to no less of one quarter of their assigned instructional time, free from meetings, duties, or requirements incompatible with the effective planning of instruction;

(5)   be free of excessive and burdensome paperwork related to disciplinary actions, state or district evaluation procedures, and other administrative inquiries that prevent fulfillment of the teacher's primary directive to implement effective instruction for their students;

(6)   additional compensation for work time required above and beyond stated contracted days and established work day parameters for duties associated with their responsibilities as teachers;

(7)   receive, as teachers under induction contracts, leadership and support from school and district personnel, including the assignment of qualified mentors who:

(a)   commit to helping them become competent and confident professionals in the classroom; and

(b)   offer support and assistance as needed to meet performance standards and professional expectations; and

(8)   file a declaratory judgment action if schools or school districts establish policies or implement standard expectations of behavior that prevent teachers from exercising the rights stated herein.

(B)   No monetary damages may be awarded for violations of subsection (A). The court may award attorneys' fees at its discretion."   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

Motion Adopted

On motion of Senator CAMPSEN, with unanimous consent, Senators CAMPSEN, MASSEY, M.B. MATTHEWS and GAMBRELL were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.

ACTING PRESIDENT PRESIDES

Senator TALLEY assumed the Chair.

PRESIDENT PRESIDES

At 1:07 P.M., the PRESIDENT assumed the Chair.

Senator FANNING continued speaking on the amendment.

REPORTS RECEIVED

Sen. Thomas C. Alexander
Sen. John L. Scott, Jr.
Sen. Daniel B. Verdin, III

Staff:
Martha Casto

Julie Price   Joint Screening Committee
For The Legislative Audit Council

213 Gressette Building
P.O. Box 142
Columbia, South Carolina 29202
Phone: (803) 212-6430
Email: [email protected]

Rep.Chandra E. Dillard
Rep.Jeffrey E. Johnson
Rep. William E. Sandifer

Joint Screening Committee
For The Legislative Audit Council
Report to the General Assembly
January 23, 2020

Legislative Audit Council
At-Large Seat - expires 2025 (one seat)
CANDIDATES FOUND QUALIFIED AND NOMINATED
Dennis P. Caldwell -- Columbia
Jane P. Miller -- Beaufort

Attorney Seat - expires 2025 (one seat)
CANDIDATES FOUND QUALIFIED AND NOMINATED
Charles L.A. Terreni -- Columbia

Certified Public Accountant or Licensed Public Accountant Seat - expires 2025 (one seat)
CANDIDATES FOUND QUALIFIED AND NOMINATED
Rodney E. Druschel -- Summerville
Philip F. Laughridge -- Columbia

Date         Wednesday, December 4, 2019
Time       10:00 a.m.
Location     209 Gressette Building

1101 Pendleton Street

Columbia, South Carolina 29201

Committee Members Present:
Senator Thomas C. Alexander, Chairman
Senator Daniel B. Verdin, III
Representative Chandra E. Dillard
Representative Jeffrey E. Johnson

Also Present:
Martha Casto, Staff
Julie Price, Staff

10:17 a.m.

CHAIRMAN SENATOR ALEXANDER: Good morning. I'll call this meeting of the Joint Screening Committee for the Legislative Audit Council to order on this Wednesday, December 4. A quorum is present. I also have the proxy of Representative Chairman Bill Sandifer for the record as well. We will proceed to our screening. First, let me thank the candidates being here this morning. First up, we have an at-large seat that expires in 2025. There are two candidates. First we will call Mr. Dennis Caldwell forward.
If you would, stand so I can swear you in, and then I'll ask you to be seated. Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. CALDWELL: Yes, I do.
CHAIRMAN SENATOR ALEXANDER: Please be seated and state your full name for the record. And it's good to see you, and I appreciate you being here this morning.
MR. CALDWELL: My name is Dennis Percy Caldwell.
CHAIRMAN SENATOR ALEXANDER: Okay. And could you tell us -- make a brief
statement about why you would like to serve on the Legislative Audit Council.
MR. CALDWELL: Yes. I have a one-page thing I'd like to read, if I could.
CHAIRMAN SENATOR ALEXANDER: Okay.
MR. CALDWELL: And you all have the notebook in front of you.
CHAIRMAN SENATOR ALEXANDER: Yes. We have the notebook in front of us. Yes, sir. Thank you, sir. We appreciate you providing that.
MR. CALDWELL: Thank you for allowing me time to introduce myself as a candidate for the open board of directors position on the South Carolina Legislative Audit Council. For most of my adult life, I have served in positions of public trust. I would like to continue serving the public as a board member for the Audit Council. I believe my firsthand understanding of government would help me continue being a good public servant. I've held executive positions in the healthcare field, including the first director of South Carolina Heath and Human Services Finance Commission, which later was named Health and Human Services Agency. Working knowledge, responsibility, and process of the Audit Council as state auditor. I have been audited by both. We had a good audit, by the way. Also, I've worked close with many South Carolina state agencies, resulting in my understanding of their mission and operations. I have a very broad view of government, federal, state, local, as well as the specific knowledge of them. These agencies' functions include health, social service, developmental disabilities, mental health, drug and alcohol, aging, and LLR. I might add the aging isn't because I'm aging. It's that I've worked with them.
CHAIRMAN SENATOR ALEXANDER: Yes, sir.
MR. CALDWELL: I guess that's better than the alternative. I also have had a close working relationship with the Attorney General's office. We were sued by the nursing home industry, and I had to appear in court as a witness for them. And we worked hands-on with cases with them. The state legislature, very close. The Governor's office, local jails and state prisons. After retiring, I was a substitute teacher in private and public school systems. We have wonderful teachers in this state. I might add that we have wonderful state employees too, a close working relationship. We're very fortunate in this state. Further, I've worked close with the federal government, including public health service and Indian health; all levels of government and nonprofit organizations.
Five years ago, I felt a calling to be a minister in my denomination. I'm a licensed minister, volunteer chaplain in the county jail and on death row. It's given me knowledge of that system the court system. My church at times, I preach and I'm a director of our missionary program at our church. I've included a few of the many certificates of appreciation I've received by my performances. I'd like to just point them out and then I'll stop there if I could.
The first one in Exhibit 1 was the commissioners I've worked for as a first director of the agency that became Health and Human Services. We had to settle -- we had three months to put in a whole new hospital system, reimbursement system, which we were able to do. We had lawsuits in the nursing home industry which we were able to do, and many others. On Exhibit 2, just quickly, the resolution by the House, thanking me for my duties. Number 3, I went to Idaho to work in a ministerial license at a Nazarene college out there. I was a volunteer chaplain for the state prison system and the county jail. That's from the state prison system. The next one is an example in the federal government. I was on a high advisory council as the youngest person ever appointed to that council. And the last one was appreciation for the public health service and Indian health service. I worked with an Indian tribe. There are many more. I've worked for wonderful employees and have worked for wonderful agencies and I've had many opportunities in my life for which I'm very grateful. It gives me a broad understanding of government, of how they work and how they function. I'll stop there, sir. And thank you for letting me say that.
CHAIRMAN SENATOR ALEXANDER: Thank you. We appreciate that. One thing. You point out that you've participated in audits, being audited there. What would you see the value of that experience as being a member of the Legislative Audit Council, briefly?
MR. CALDWELL: Briefly, first of all, it keeps agencies on their feet. They say, Uh-oh. The Audit Council might come over here. We'd better -- you know. So kind of a good prodding. The second thing, it adds to a public accountability, which is very, very important. An openness is critical in government. We would be worse off in the state if we did not have the Legislative Audit Council.
CHAIRMAN SENATOR ALEXANDER: Any questions by members of the review committee? Is there anything that would prevent you from fulfilling these duties? Do you have the time to devote to them?
MR. CALDWELL: Yes, I do. I'm retired.
CHAIRMAN SENATOR ALEXANDER: Okay.
SENATOR VERDIN: I'll move favorable.
CHAIRMAN SENATOR ALEXANDER: I've got a motion for favorable. Do I have a second?
REPRESENTATIVE JOHNSON: Second.
CHAIRMAN SENATOR ALEXANDER: I have a second. Any discussion? We will go to the vote. All in favor, please say aye.
REPRESENTATIVE JOHNSON: Aye.
REPRESENTATIVE DILLARD: Aye.
SENATOR VERDIN: Aye.
CHAIRMAN SENATOR ALEXANDER: Any opposed? The proxy at hand makes it unanimous.
MR. CALDWELL: Thank you for your time very much.
SENATOR ALEXANDER: Thank you for your willingness to serve.
MR. CALDWELL: Thank you.
CHAIRMAN SENATOR ALEXANDER: Thank you, sir. Thank you for your time today. Also we have, for the at-large seat that expires in 2025, Jane P. Miller. Good morning.
MS. MILLER: Good morning.
CHAIRMAN SENATOR ALEXANDER: Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MS. MILLER: I do.
CHAIRMAN SENATOR ALEXANDER: Please be seated and provide your full name for the record.
MS. MILLER: My name is Jane Pike Miller, and I'm from Beaufort, South Carolina.
CHAIRMAN SENATOR ALEXANDER: Would you like to make a statement, a brief statement?
MS. MILLER: Yes. I've been on the Legislative Audit Council for
about nine years, and went on without the intention of -- I didn't know a whole lot about it. But the longer I've been on it, the more impressed I am with the Audit Council and how they serve the legislature and the citizens of South Carolina. The job they do is remarkable, and it provides fiscal accountability and managerial accountability for all of our agencies. And I commend the legislature when they request audits because -- and I feel like I have a good relationship with the staff. And I've been a good member, I think. I've made all the meetings except the latest one. I had knee surgery. So I'd like to continue to serve.
CHAIRMAN SENATOR ALEXANDER: What would you say has been your -- you mentioned your service on there. In working with the different agencies, what has been the most surprising thing that you've come across as being a member of the Legislative Audit Council?
MS. MILLER: The most surprising thing I think is, I guess -- well, the audits, to me, provide so much good information for the requesters. I'm surprised sometimes that we have audits that need to be done, like, every two or three years, that recommendations that we've made that I think are really good recommendations have not been implemented.
CHAIRMAN SENATOR ALEXANDER: Do you all follow those recommendations that are made once they're made to see if action is taken on it from the standpoint?
MS. MILLER: We do. We do. And when we do a follow-up audit, we make note of that in the audit.
CHAIRMAN SENATOR ALEXANDER: Another, I guess, aspect that has kind of changed in the last few years, it's more the House and Senate Oversight Committees.
MS. MILLER: Right.
CHAIRMAN SENATOR ALEXANDER: Can you describe how that has worked in correlation with the Legislative Audit Council?
MS. MILLER: That's been a pleasant surprise. We have -- except for the fact that we lost Andrea. But, anyway, there's been occasion where we're both involved in audit for the same commission, and we've worked together. And they do have an advantage that they do have subpoena power, which we don't have, which would be great to have, by the way. And I think we've had a good working relationship with them because they may have done an audit that we're doing later, or maybe we've done one that they're following up on. And I think it's been a good situation. CHAIRMAN SENATOR ALEXANDER: Okay. Do you all -- one last question, going back to your other question. On those recommendations that you all make, do you all continue to make the General Assembly aware of those that maybe the agency has not --those the agency has not been responsive to? And I understand you said the follow-up audits and things of that nature, but are there other mechanisms that you all make the legislature aware of, that the agency is not fulfilling that responsibility?
MS. MILLER: Well, when the audit is released, we present it to the requesting legislators. And our director, I'm pretty sure, Mr. Powell, he maintains a relationship and stays in touch with them. But it's difficult. You're talking large agencies. And it might be a few things that we might recommend that things be done out of a lot of things. And so -- and some they may not agree with.
CHAIRMAN SENATOR ALEXANDER: Other questions?
REPRESENTATIVE JOHNSON: (Raises hand.)
CHAIRMAN SENATOR ALEXANDER: Yes, sir.
REPRESENTATIVE JOHNSON: Thank you, Mr. Chairman. Jeff Johnson, Horry County.
MS. MILLER: (Nodding head.)
REPRESENTATIVE JOHNSON: What is it since you've been on the LAC for nine years that you've enjoyed the most about your role?
MS. MILLER: I've enjoyed the fact that I think we've gone into a lot of these agencies and found situations that they can improve upon that they were unaware of and where changes were made to the benefit of the agency and the taxpayers of South Carolina.
REPRESENTATIVE JOHNSON: Helping those agencies run --
MS. MILLER: I think so. I'd like to think to.
REPRESENTATIVE JOHNSON: -- run better?
MS. MILLER: If you've taken the time to look at the audits that the staff produces, it would have to make an impact on them.
REPRESENTATIVE JOHNSON: Thank you,
Mr. Chairman.
REPRESENTATIVE DILLARD: (Raises hand.)
CHAIRMAN SENATOR ALEXANDER: Representative.
REPRESENTATIVE DILLARD: Thank you,
Mr. Chairman.
Ms. Miller, good morning.
MS. MILLER: Good morning.
REPRESENTATIVE DILLARD: And thank you for your service.
MS. MILLER: Thank you.
REPRESENTATIVE DILLARD: I'm going to ask the question in a different way.
MS. MILLER: Okay.
REPRESENTATIVE DILLARD: In your nine years, what do you think has been the council's biggest contribution? You know, as a board member, what do you think has been the biggest contribution to the state since you've been serving?
MS. MILLER: Well, every audit has its own unique personality, I guess you would say. And they're all important. So it would be very difficult for me to say one in particular. And everybody is just -- like, who requested the audit, I guess they would think it's more important than the other person. So they all serve their purpose.
REPRESENTATIVE DILLARD: Thank you.
SENATOR VERDIN: (Raises hand.)
CHAIRMAN SENATOR ALEXANDER: Yes, sir,
Senator.
SENATOR VERDIN: Well, I have a questions about your comments regarding the subpoena, but first I wanted -- do you have any cousins in Five Forks or Mauldin or Gilder Creek?
MS. MILLER: I do not.
SENATOR VERDIN: You were born in Beaufort.
MS. MILLER: Born in Beaufort.
SENATOR VERDIN: Well, is Pike your maiden
name?
MS. MILLER: It is.
SENATOR VERDIN: I'm going to send you some pictures of some people --
MS. MILLER: Okay.
SENATOR VERDIN: -- that live in Greenville County, and you're going to swear they're your cousins, Pikes and Tanners. So if you had subpoena power, can you name a few -- well, you obviously have instances of glaring --
MS. MILLER: Occasionally we do run into a roadblock. Our auditors will go in and they'll encounter roadblocks, as I'm --
SENATOR VERDIN: It's hard for me to believe you would not eventually come to a satisfactory resolution of an inquiry.
MS. MILLER: Ninety percent of the time, we do. And I may be speaking out of turn here because I'm not involved in the audit itself. Our board just reviews them once they're produced. But we have had occasion where the material is just not provided.
SENATOR VERDIN: And, of course, is that reflected --
MS. MILLER: And it's mentioned in the audit. They mention it. They reveal that in the audit. But I believe the Senate Oversight Committee has the subpoena. And it's not that we -- that you necessarily have to use it, but if you go in and they know you have it, it helps.
CHAIRMAN SENATOR ALEXANDER: And I would guess to that point -- and maybe we can have a follow-up on that -- that if an agency is not providing information, I would hope that's being provided back to those that have requested the audit. You may not take a subpoena but they may take another course of action.
MS. MILLER: Well, we've had phone calls made by the legislator requesting the audit to the agency, hoping that would resolve it. And, by the way, the legislators that serve on our council are phenomenal too. They do a great job of coming to meetings and being interested in providing guidance as well.
CHAIRMAN SENATOR ALEXANDER: I appreciate those comments. I don't think it's any of us, but we appreciate those comments, and we'll pass that on to them. Yes, sir, Representative.
REPRESENTATIVE JOHNSON: Thank you, Mr. Chairman. On that line of subpoena powers, how broad are you suggesting that the LAC should have subpoena powers? Because once you open that box --
MS. MILLER: That's a hornet's nest.
ATTENDEE: May I answer that?
CHAIRMAN SENATOR ALEXANDER: Well, I don't think -- I think we just need to stay with the candidate.
MS. MILLER: I guess simply to provide the information we're asking for.
REPRESENTATIVE JOHNSON: Because subpoena powers can be kind of broad. It can be just the agency or others outside that agency and individuals.
MS. MILLER: And I think we're just talking our auditors to get the information that they need to conduct the audits.
REPRESENTATIVE JOHNSON: To just those agencies, subpoenas to those agencies only? Because that's the problem with subpoenas. They can be issued to a lot of different people and entities. So I was just wondering. I think I understand the reason that you're suggesting that. The issue is how broad is the subpoena power for that --
MS. MILLER: Just if we go into an agency to do an audit and they won't give us the information, to say, Please don't make us subpoena for the information.
REPRESENTATIVE JOHNSON: But like you said, that is put in the report that you submit, right?
MS. MILLER: And that's -- it's not common. It's more like -- it's not very common. But it seems to be -- I guess lately, it's been a little bit of a problem.
REPRESENTATIVE JOHNSON: All right. Thank you.
CHAIRMAN SENATOR ALEXANDER: Other questions.
REPRESENTATIVE DILLARD: (Raises hand.)
CHAIRMAN SENATOR ALEXANDER: Yes, ma'am, Representative.
REPRESENTATIVE DILLARD: Thank you, Mr. Chairman. Representative Johnson made me have a follow-up. Does the council set guidelines for, I guess, engagement or -- let me give you an example. Representative Johnson and I serve on -- we're undergoing a study of SCDC, and we had an audit. The Legislative Audit Council came and presented.
MS. MILLER: (Nodding head.)
REPRESENTATIVE DILLARD: And so there was a point in our, I guess, deliberation or listening to the information where expertise was, you know, held in confidence. And I was just wondering, does the council set those kinds of guidelines of, I guess, like engagement, or is that a staff thing? I mean, do you guys set policy for the council -- for the investigators, is guess is what I'm getting at?
MS. MILLER: We don't set guidelines. We just -- they just do the audits according to the Blue Book standard.
REPRESENTATIVE DILLARD: Okay.
MS. MILLER: And we -- an audit's presented to the board, and we review it and we make recommendations.
REPRESENTATIVE DILLARD: Okay. All right. Thank you.
SENATOR VERDIN: Move favorable.
CHAIRMAN SENATOR ALEXANDER: I have a motion by the Senator from Laurens for favorable. Is there a second?
REPRESENTATIVE JOHNSON: Second.
REPRESENTATIVE DILLARD: Second.
CHAIRMAN SENATOR ALEXANDER: Numerous seconds. If there's no further discussion, I'll go to the vote. All in favor, please say aye.
REPRESENTATIVE JOHNSON: Aye.
REPRESENTATIVE DILLARD: Aye.
SENATOR VERDIN: Aye.
CHAIRMAN SENATOR ALEXANDER: Any opposed? It's unanimous with proxy in hand. And we appreciate your willingness to continue to serve.
MS. MILLER: Thank you.
CHAIRMAN SENATOR ALEXANDER: Thank you for being here this morning. At this time, we'll go to the next individual to be screened. And it's designated as the attorney seat. It expires in 2025. Mr. Charles L.A. Terreni. Good morning, sir.
MR. TERRENI: I'm doing well. Thank you.
CHAIRMAN SENATOR ALEXANDER: If we could have you stand so we can swear you in. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. TERRENI: I do.
CHAIRMAN SENATOR ALEXANDER: Thank you. Be seated and give your full name for the record, sir.
MR. TERRENI: Charles Leverett Adams Terreni.
CHAIRMAN SENATOR ALEXANDER: Thank you. Would you like to make a brief statement or a statement?
MR. TERRENI: Certainly. It was many years ago -- it was in the '90s --that I worked for Lieutenant Governor Bob Peeler. And Lieutenant Governor Peeler's mission at the time was wanting to make government more like a business. I think even Lieutenant Governor Peeler would have conceded that government can't act exactly like a business, but it can learn from business. It can be informed from it. And businesses every day pay hundreds of thousands, sometimes more, for management audit services from groups like Deloitte & Touche or Ernst & Young, various consulting groups. The Legislative Audit Council provides a similar function, although at a much more reasonable price, to state agencies. It's an invaluable asset. They get management -- I mean, the staff that you have working on this council is phenomenal. You have lawyers. You have accountants. They're not very well paid, but it's a labor of love for them. And I've enjoyed working on the council for those same reasons. The audits are interesting. Some of them are, frankly, life changing. I mean, our audit of the Department of Juvenile Justice, some of those findings were heart wrenching. There are other significant audits, like Corrections. Then there are other more mundane things that are equally important, like the lottery, how funds are spent, whether or not it's serving the interests of the General Assembly. So I've enjoyed this work. I've been doing it since 2014. I'd like to think I'm engaged with the staff. I provide a legal background that is sometimes helpful and other times probably drives them crazy. But I would love to reappointed.
CHAIRMAN SENATOR ALEXANDER: Any other questions? From your experience with the Public Service Commission you mentioned here for five years and insight into challenges faced by state agencies, how has that helped you in fulfilling your duties as a member of the Legislative Audit Council?
MR. TERRENI: Well, Mr. Chairman, I think I'm the only member of -- well, I know I'm the only member of the Audit Council now who's actually been on the receiving end of an audit. It was conducted before I became director of the Public Service Commission in 2005. But I had to answer the follow-ups to it on whether the PSC at the time was conforming to the council's recommendations. So I gained some perspective. And, you know, I thought there were some recommendations made in that audit that were directed probably better at the legislature in the sense that they were criticisms of programs that we were legislatively directed to administer. There were others that we really needed to implement and which, I think, we did, involving regulations against ex parte communications and things of that nature. But that's part of the tension, Mr. Chairman, is -- there are times in conducting an audit where part of the mission of the council is to make policy recommendations. But another valuable -- or another important function of the council is to ensure that agencies are carrying out the will of the General Assembly. And it's not our role to substitute our judgment for that of the General Assembly.
CHAIRMAN SENATOR ALEXANDER: Questions?
SENATOR VERDIN: Mr. Chairman.
CHAIRMAN SENATOR ALEXANDER: Yes, sir, Senator from Laurens.
SENATOR VERDIN: Thank you, Mr. Chairman. And I'm just looking at the staff notes to reconcile the notations on the redistricting contracts. So I remember well your work from 20 years ago and ten years ago.
MR. TERRENI: Thank you.
SENATOR VERDIN: But I think I'm reading in the staff notes where you still maintain a relationship with the senate. I don't see it on the disclosure, but I'm reading it in the notes.
MR. TERRENI: Senator, I do not have an engagement with the senate at the moment. I was reimbursed -- and I think I disclosed that on my questionnaire -- for a trip to an NCSL redistricting conference which I attended with senate staff.
SENATOR VERDIN: Okay.
MR. TERRENI: But other than that, I haven't received any remuneration and I don't have engagement.
SENATOR VERDIN: And I think that's probably noted in the notes. I'm just --
MR. TERRENI: Yes, sir.
SENATOR VERDIN: If I'd read for 30 more seconds, I think I would have seen it.
MR. TERRENI: Okay.
REPRESENTATIVE JOHNSON: (Raises hand.)
CHAIRMAN SENATOR ALEXANDER: Yes, sir, Representative.
REPRESENTATIVE JOHNSON: Thank you, Mr. Chairman. It sounds like one of my questions was going to be early on, but you kind of answered it. It sounds like you do have some pretty in-depth experience dealing with audits. Is that correct?
MR. TERRENI: Yes, sir, though as a practical matter -- I'm not an auditor, but as a practical matter and through my service on the commission, I'm likely to read most of the audits. I'm engaged in them, though I'm not a professional.
REPRESENTATIVE JOHNSON: What's the reason that you want to be on the Legislative Audit Council?
MR. TERRENI: I think it's important work. It's, as I said, something that everybody on that council does, really, as a labor of love. Nobody's paid anything for it. But I enjoy doing something that might make a difference. Again, I think of those -- that prison -- the Juvenile Justice audit. It's really stayed with me. I mean, you had a situation in which deaths at Juvenile Justice prison camp -- at camps, the adventure --whatever they call them, the wilderness camps -- weren't being reported as required by law. The federal Prison Rape Act wasn't being observed. And the recent corrections on it, the training and background check deficiencies -- I think this is important things. At the same time, I think the agencies -- this isn't a punitive mission. These agencies are challenged budgetarily, with budgets, as you know, with staffing issues. So I don't see it as a situation when you go beat up on somebody and get a headline for it.
REPRESENTATIVE JOHNSON: Thank you. Thank you, Mr. Chairman.
CHAIRMAN SENATOR ALEXANDER: Yes, sir.
SENATOR VERDIN: Move favorable.
CHAIRMAN SENATOR ALEXANDER: We have a motion by the senator from Laurens for favorable.
REPRESENTATIVE JOHNSON: Second.
CHAIRMAN SENATOR ALEXANDER: Second by Representative Thompson. No other discussion, we'll take it to a vote. All in favor of favorable, please say aye.
REPRESENTATIVE JOHNSON: Aye.
REPRESENTATIVE DILLARD: Aye.
SENATOR VERDIN: Aye.
CHAIRMAN SENATOR ALEXANDER: Any opposed? Let the record reflect it's unanimous with proxy in hand. I appreciate your willingness to continue to serve. It's good to see you today.
MR. TERRENI: Thank you, Mr. Chairman.
CHAIRMAN SENATOR ALEXANDER: Mr. Rodney E. Druschel, Certified Public Accountant seat. Expires in 2025. Good morning, sir. Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. DRUSCHEL: I do.
CHAIRMAN SENATOR ALEXANDER: Thank you for being here. Be seated, and please state your name for the record for us.
MR. DRUSCHEL: Rodney Eugene Druschel.
CHAIRMAN SENATOR ALEXANDER: Would you like to make a brief statement about your interest in the Legislative Audit Council?
MR. DRUSCHEL: Yes, I would. Anticipating that that might be one of the questions that would be of interest, I prepared some remarks, and I may refer to them as I go through this. I hope you don't mind.
CHAIRMAN SENATOR ALEXANDER: Yes, sir.
MR. DRUSCHEL: During my lifetime, I've been blessed in more ways than I can possibly count. Giving back in various ways has been a personal form of thanks for me for these blessings, for example, applying my financial expertise as a volunteer, unpaid board of directors member for over 23 years at several credit unions, which are member-owned, not-for-profit financial cooperatives benefiting the member-owners; or as a universal donor blood type, donating blood every eight weeks to the Red Cross to assist those who need blood when it really matters, as it did for my youngest granddaughter when she was diagnosed with pediatric leukemia at age 9. So serving the citizens of South Carolina, which has been my adopted home since 1978, as a member of the Legislative Council would, to me, be another personal way of giving back.
CHAIRMAN SENATOR ALEXANDER: Is there anything that would preclude you from being able to attend the meetings that would be required for the Legislative Audit Council?
MR. DRUSCHEL: Only the traffic on Interstate 26.
CHAIRMAN SENATOR ALEXANDER: And, obviously, it's a seat for the public accountant, certified -- CPA. With your experience in that realm, what do you see that as being the value as a member of Legislative Audit Council, just having that designated category within the council? MR. DRUSCHEL: Well, I've been both an auditor and an auditee.
CHAIRMAN SENATOR ALEXANDER: Okay.
MR. DRUSCHEL: I have in-depth experience as a CPA in both public accounting and private industry. And that serving in various capacities over an extended period of time I think has given me an insightful inquisitiveness that has been honed by years of experience. And I think if an auditor or an audit function has one primary feature or characteristic, it would be an inquisitiveness as to why things are the way they are and if they could be even better.
CHAIRMAN SENATOR ALEXANDER: You mentioned and clarified that you've been auditor and auditee. Having been audited, how would that help you in serving as a member of the council, having been on that side of the equation?
MR. DRUSCHEL: Well, there was a discussion earlier which I found very interesting about subpoena power.
CHAIRMAN SENATOR ALEXANDER: Yes, sir.
MR. DRUSCHEL: In my functions in public accounting as an auditor and as a director of internal audit, one of the things that we never had but always wished we had was subpoena power. But I think being an auditee also allows me from that perspective of recognizing when someone is unnecessarily and perhaps inappropriately providing resistance to the requests for information or data.
CHAIRMAN SENATOR ALEXANDER: Okay. Any questions?
REPRESENTATIVE DILLARD: Mr. Chairman.
CHAIRMAN SENATOR ALEXANDER: Yes, Representative.
REPRESENTATIVE DILLARD: Thank you, Mr. Chairman. Thank you, Mr. Druschel, for your willingness to serve.
MR. DRUSCHEL: It's my privilege.
REPRESENTATIVE DILLARD: I was looking at your -- I guess your application. And you've had various job experiences. And I noticed you've worked for Springs Industry. Were you in the accounting role in those, or being a CPA came later in life?
MR. DRUSCHEL: No. I started out as a CPA. I became a CPA in 1970.
REPRESENTATIVE DILLARD: Okay.
MR. DRUSCHEL: And I went to work for an international CPA firm. I'm originally from Pennsylvania, and one of the requirements in Pennsylvania before you can take the CPA exam is that you work for a CPA firm for two years. We, at the time, of course, thought it was a form of indentured servitude. But, nonetheless, I did my two years and then went to work for an international CPA firm and continued in public accounting for about six or seven years, completing my period of time in public accounting as an audit manager for an international CPA firm. After that, one of the experiences I had was as a director of internal audit for a Fortune 500 manufacturing company. Many of you may recognize the name. It was Springs Industries, located in Lancaster, South Carolina. And from that perspective, I was exposed more to manufacturing, but also, we were looking at administrative functions as well. In private industry, it's not abnormal -- as a matter of fact, it's more typical -- for the board of directors to provide a statement that expresses the authorization power that the internal audit function has. And it's usually unrestricted access to all records appropriate to the specific audit being conducted. And so, at that time, I had the opportunity to work with both manufacturing and administrative functions in conducting internal audits. The administrative functions principally were to determine whether they were accomplishing the tasks that they were supposed to be accomplishing and if they were doing so in the most expedient, efficient way possible because, as you know, in for-profit enterprises, as in almost any enterprise, there is a desire to eliminate waste if it's at all possible. Was that responsive to your question?
REPRESENTATIVE DILLARD: Yes. Yes. I was looking -- yes, it was. So you know CPA and performance audits as well.
MR. DRUSCHEL: Yes. As a matter of fact, I was trained as a process improvement consultant and functioned as an internal process improvement consultant for a corporation for a number of years. They have international operations and manufacture durable medical equipment. And as a process improvement consultant, we were trained in what is often known as the Toyota manufacturing process -- improvement process. It's employed by many large companies, including Boeing, which we're blessed to have here in South Carolina.
REPRESENTATIVE DILLARD: Thank you so much. Thank you, Mr. Chairman.
CHAIRMAN SENATOR ALEXANDER: You're welcome. Any other questions?
SENATOR VERDIN: Just an observation.
CHAIRMAN SENATOR ALEXANDER: Yes, sir, Senator from Laurens.
SENATOR VERDIN: I appreciate the fact that you said your adopted home state. And that's been quite a while, I mean, 40-plus years.
MR. DRUSCHEL: Yes.
SENATOR VERDIN: I think you're the only Pennsylvanian I've ever heard the pronunciation of Lancaster escape his lips rather than Lancaster. So that's a tribute to you. That's a credit to you. I bet your kinfolk that are still up there are still trying to get their head wrapped around it.
MR. DRUSCHEL: Thank you. I lived there for ten years, and it took me about three to finally figure that out.
CHAIRMAN SENATOR ALEXANDER: I appreciate that observation.
SENATOR VERDIN: Move favorable.
CHAIRMAN SENATOR ALEXANDER: I have a motion for favorable by the Senator from Laurens. Do we have a second?
REPRESENTATIVE JOHNSON: Second.
CHAIRMAN SENATOR ALEXANDER: We have a second from Representative Johnson. If there's no other discussion, we'll take that to a vote. All in favor, please say aye.
REPRESENTATIVE JOHNSON: Aye.
REPRESENTATIVE DILLARD: Aye.
SENATOR VERDIN: Aye.
CHAIRMAN SENATOR ALEXANDER: Any opposed? With proxy in hand, it's unanimous that you're found favorable. And the staff will be in contact with all the candidates to confirm when the election is from that standpoint.
MR. DRUSCHEL: Thank you the opportunity.
CHAIRMAN SENATOR ALEXANDER: Good to see you today.(Off-the-record discussion.)
CHAIRMAN SENATOR ALEXANDER: Without any other business to come before us, I would entertain a motion that we adjourn.
REPRESENTATIVE JOHNSON: I move we adjourn.
SENATOR VERDIN: Second.
CHAIRMAN SENATOR ALEXANDER: Anybody that's opposed can stay.

The meeting was adjourned at 10:54 a.m.

State Of South Carolina
Joint Screening Committee
For The Legislative Audit Council

Date:         Wednesday, January 15, 2020
Time:         9:30 a.m.
Location:       209 Gressette Building

1101 Pendleton Street

Columbia, South Carolina 29201

Committee Members Present:
Senator Thomas C. Alexander, Chairman
Representative Chandra E. Dillard
Senator John L. Scott, Jr.
Senator Daniel B. Verdin, III

Also Present:
Martha Casto, Staff
Julie Price, Staff

9:34 a.m.

CHAIRMAN SENATOR ALEXANDER: Good morning. I'll call this meeting of the Joint Screening Committee for the Legislative Audit Council to order. We have sufficient numbers here to declare a quorum present, Ms. Dillard, Senator Scott, Senator Verdin, and I'm Thomas Alexander chairing this this morning. We're here for the purpose to screen a candidate who was not able to join with us at our last screening that we had several weeks ago. And so, at this time, I'm going to ask that Philip F. Laughridge please come forward. If you'll stand so I can swear you in, sir. Yes, sir. Just right there would be good. Would you raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. LAUGHRIDGE: I do.
CHAIRMAN SENATOR ALEXANDER: Good. Please be seated. We're delighted to have you here being screened this morning for the Certified Public Accountant seat, one seat and more than one candidate. It's a six-year term. Martha, do you have something?
MS. CASTO: In your folder is his packet of information, his personal data questionnaire that he supplied to the committee. And, also, there is a one-page summary of his packet.
CHAIRMAN SENATOR ALEXANDER: If you would, please state your name and address for the record, please.
MR. LAUGHRIDGE: I am Philip Laughridge at 1401 Shady Lane in Columbia, South Carolina, just outside Senator Scott's district. It's not quite in it, but close.
CHAIRMAN SENATOR ALEXANDER: Would you make a brief statement as to why you would like to continue to be a member of the Legislative Audit Council.
MR. LAUGHRIDGE: I will. I've actually been on the council since 1995, and I'm presently the council's chairman. I was originally appointed -- golly. I guess it was -- I can't even remember anymore. At the time, it was a lieutenant governor's appointment.
CHAIRMAN SENATOR ALEXANDER: Oh. Is that right? So it was not an election by the General Assembly then.
MR. LAUGHRIDGE: It was a three-year slot. They were not. They were appointments back in the day.
CHAIRMAN SENATOR ALEXANDER: In 1995, who was the lieutenant governor?
SENATOR VERDIN: Peeler?
MR. LAUGHRIDGE: No. It was before Peeler.
SENATOR VERDIN: No. Nick Theodore.
CHAIRMAN SENATOR ALEXANDER: Theodore.
MR. LAUGHRIDGE: And I got a call from a coworker's husband. I was working with Patty Terreni, and her husband, Charlie Terreni, called me, who was working for the Lieutenant Governor's Office, and said, Hey. There's this thing called the Audit Council. Would you like to be the CPA member? I said, Well, I'll do that. So since 1995, I've enjoyed serving on the council. It's a is very eye-opening view into state government. And I've always appreciated the work that staff has done. And I've felt like we've been able to help staff and, hopefully, improve reports and improve the information that members of the General Assembly receive.
CHAIRMAN SENATOR ALEXANDER: So you're in the CPA slot. Are you a practicing CPA?
MR. LAUGHRIDGE: Yes, I am. I've been a practicing CPA for -- since 1989.
CHAIRMAN SENATOR ALEXANDER: And is that your primary business?
MR. LAUGHRIDGE: It is. I have two businesses. I'm also licensed by the state as a general contractor and residential homebuilder. And I own that business as well. But my CPA practice has been my primary line of work for -- since 1989.
CHAIRMAN SENATOR ALEXANDER: Questions from the members?
REPRESENTATIVE DILLARD: (Raises hand.)
SENATOR SCOTT: I've got a couple.
CHAIRMAN SENATOR ALEXANDER: You've got something, Ms. Dillard?
REPRESENTATIVE DILLARD: I do.
CHAIRMAN SENATOR ALEXANDER: Okay. Representative Dillard.
REPRESENTATIVE DILLARD: Mr. Laughridge?
MR. LAUGHRIDGE: Yes.
REPRESENTATIVE DILLARD: Is that the correct --
MR. LAUGHRIDGE: It is.
REPRESENTATIVE DILLARD: Okay.
MR. LAUGHRIDGE: I'll answer to many versions of that, but that is the correct one.
REPRESENTATIVE DILLARD: Well, with a first name like Chandra, I try to get names right because I'm called all kinds of things too.
MR. LAUGHRIDGE: I was saying, in your business, you should be accustomed to that.
SENATOR VERDIN: Well, this is a question from Chandra getting ready to go to Laughridge.
REPRESENTATIVE DILLARD: That's exactly correct. That's exactly correct. You've been serving a very long time. What keeps you motivated to continue serving?
MR. LAUGHRIDGE: As I said, it's an enlightening view into state government. And it's somewhere where -- I think it's been enjoyable and fairly, I think, easy for me to add value to the council. It does require a CPA to be on council. And having the same analytical-minded staff, I feel like I'm in a room of like minds and we can speak to the same goals and reports and I understand what they're trying to achieve in the reports. So it's -- but mainly it's the staff. I've always enjoyed the staff of the council. It's not a big agency, maybe -- Earle, what do we have? Twenty-two or 26 people, something like that? Earle is our director. And all the staff are -- they're very highly qualified, the type of staff you'd look at and you'd go, Wow. How does state government -- you know, how do we enable ourselves to keep this group of people for so long? Because they're just an outstanding group of people that would be easily taken up by other agencies or private industry. And I've always appreciated their commitment to what they do and wanted to support.
REPRESENTATIVE DILLARD: Thank you.
CHAIRMAN SENATOR ALEXANDER: Thank you.
SENATOR SCOTT: (Raises hand.)
CHAIRMAN SENATOR ALEXANDER: Yes, sir, Senator from Richland.
SENATOR SCOTT: Thank you. And thank you again for your willingness to serve. How big is the staff now? I came out of the Governor's Office years ago now when Simpson and others were there, years ago. But how big is the staff now?
MR. LAUGHRIDGE: Earle --
SENATOR SCOTT: I think we took Bob Scott from you all years ago --
MR. LAUGHRIDGE: Really?
SENATOR SCOTT: -- way back before you.
MR. LAUGHRIDGE: We have approximately 25 people. Earle, can you give us an exact number?
MR. POWELL: There are 26 positions, but 20 are filled. Sixteen are auditors.
SENATOR SCOTT: Has that agency done well with recruiting minorities? I know there's a problem finding minorities who would actually work in state government in those particular slots. Has that improved over the years?
MR. LAUGHRIDGE: Recently, recruitment has been tough across the board just because the economy is good and --
SENATOR SCOTT: It pays -- it doesn't pay as much as the private sector.
MR. LAUGHRIDGE: Yeah. It might not pay as much as the private sector. In terms of -- and I believe I understood your question to be minority recruiting. Is that correct?
SENATOR SCOTT: Yes, minority recruiting.
MR. LAUGHRIDGE: In terms of minority recruiting, I can't give you a count of how many minorities we've had in and out over the years.
SENATOR SCOTT: What does it look like now for count? Because I know you've probably done well with them coming out of school --
MR. LAUGHRIDGE: I'm going to have to defer to Earle on that.
SENATOR SCOTT: -- the last two or three years.
MR. POWELL: We had -- we lost two minorities in the last year. And every time we do have a recruitment, Senator, we do recruit --
SENATOR SCOTT: How many accountants or CPAs do you have in there now, or auditors, because that's your biggest thing?
MR. LAUGHRIDGE: Our auditors are not required to be CPAs.
SENATOR SCOTT: How many do you have in there now?
MR. LAUGHRIDGE: We have 16 auditors.
SENATOR SCOTT: Any minority auditors?
MR. POWELL: We have one Master of Accountancy. We do not have a CPA on staff at the current time.
SENATOR SCOTT: Any minorities as part of those auditors that you have now?
MR. POWELL: Our -- half of our audit staff are women and --
SENATOR SCOTT: What about women of color? Men of color?
MR. POWELL: We had two women of color who left us in the summer.
SENATOR SCOTT: So you have none right now.
MR. POWELL: We have none.
MR. LAUGHRIDGE: None at the moment.
SENATOR SCOTT: Okay. Let's try to work on that.
MR. POWELL: Yeah. We --
SENATOR SCOTT: We've got to do everything we can, now, to try to keep the talent in-house. We know that some of the best and brightest, before we start, are facing disparities in the schools. They're going other places, and once they leave, they don't come back. And so maybe now we can look a little closer. Are you all recruiting these kids straight out of college or letting them get a couple years' experience? What's that process now for auditors?
MR. LAUGHRIDGE: Most of the staff have advanced degrees so they're not coming directly out of an undergraduate program.
SENATOR SCOTT: They're coming out of these practices?
MR. LAUGHRIDGE: They're coming out of graduate school with something similar to a master's in public administration or that type of degree.
SENATOR SCOTT: Okay.
MR. LAUGHRIDGE: We do get some with prior experience. And right now I think we would try to be hiring more for the middle management or -- I say middle management -- more for the experienced hires so we can beef up our bench for future middle managers.
SENATOR SCOTT: When we look at the pay bands -- and this is not a backlash on the agency -- how far off are we in terms of being able to compete with the private sector to keep -- convince these folk and keep them in? Because you guys have got a tough job with some of these big audits that you actually have to do on some of these agencies. How far off are we in terms of dollars? Because at some point, we're going to have to look at pay bands to make sure that we stay competitive.
MR. LAUGHRIDGE: Yeah, but we can't really operate outside of, you know, the state's guidelines for that.
SENATOR SCOTT: I understand. But I'm saying, tell me about the disparity. Is it a $5,000 disparity, $10,000 disparity for those who would be in a similar job in the private sector?
MR. LAUGHRIDGE: I would expect it to be greater than $5,000 just because these people are coming out of school with an undergraduate degree that might look like an accounting degree or an economics degree or something similar to that. And then they're getting a master's, possibly in accounting, master's in public administration. A master's in accounting student going to work with one of the national firms such as Price Waterhouse Cooper or somewhere like that, they would probably come straight out of grad school earning between $60- and $70,000 their first year.
SENATOR SCOTT: What are our numbers? 55? 60?
MR. LAUGHRIDGE: Earle, what's --
CHAIRMAN SENATOR ALEXANDER: Well, I need you to -- I really
SENATOR SCOTT: Let me --
CHAIRMAN SENATOR ALEXANDER: I'm just talking about, I need him to respond rather than --
MR. POWELL: Okay.
CHAIRMAN SENATOR ALEXANDER: -- bringing in somebody that's not been sworn or not before us and stuff.
SENATOR SCOTT: I appreciate that.
CHAIRMAN SENATOR ALEXANDER: I've been giving great latitude, but I want him to answer your questions.
SENATOR SCOTT: Right. But this is for stability of that agency, especially if you're the chair.
MR. LAUGHRIDGE: Between $60- and $70,000 would be the top of those students coming out. Our starting salaries would be easily probably $20,000 less than that.
SENATOR SCOTT: Okay.
MR. LAUGHRIDGE: A student coming out of grad school, taking a job with a local accounting firm, would probably still earn at least $50,000, which would still be a good $10,000 higher than maybe what we would be. So there's a substantial pay disparity for this level of talent.
CHAIRMAN SENATOR ALEXANDER: Okay. And that's why you can't keep your talent.
MR. LAUGHRIDGE: You know, we've done a pretty good job of keeping people once they're there. We have lost a few, as the director was saying a minute ago. It surprises me the tenure of some of our staff. Once they --
SENATOR SCOTT: Get in.
MR. LAUGHRIDGE: Once they get in, they will stay for a long time. It's just getting them there. When they're looking at competing offers with us and the private sector, the numbers are tough.
SENATOR SCOTT: Thank you, Mr. Chairman.
CHAIRMAN SENATOR ALEXANDER: Yes, sir.
SENATOR SCOTT: And thank you.
CHAIRMAN SENATOR ALEXANDER: And just briefly following up from that before I have a couple other questions, are you aware that you all have some flexibility, being part of the Legislative Audit Council, that you have some flexibility in those pay bands? And have you all made a request to the General Assembly for additional funding for you all to be competitive, I guess, is what I'm asking?
SENATOR SCOTT: Yes. That's --
MR. LAUGHRIDGE: Yeah, we have. And -- well, Earle's done a good job of managing that. To the extent he can stay on the higher end of the pay bands, he does. We have 26 positions authorized in our budget, of which 20 are currently filled. So he can use some of that money to beef up the pay of the staff that we have. We just have to be aware that we have as many staff as we need, so you can't get too aggressive with that. But he is able to take some of our budget and increase the salaries for who we have.
CHAIRMAN SENATOR ALEXANDER: If the committee will indulge me, just a couple other -- two or three other questions here. The subpoena authority has come up in others that have come before us for screening. There's been a bill that's been prefiled. Do you have thoughts on the subpoena authority, limited authority or complete authority or no authority, by the Legislative Audit Council?
MR. LAUGHRIDGE: I do. I believe we have had your assistance, Senator Alexander, recently on the DEW audit. And, as a matter of fact, back some years ago, under Governor Sanford, we were auditing what was then the Employment Security Commission. And I think they may have originated the stonewalling among state agencies. And what we're encountering, as you saw with DEW, the state agencies will just refuse to give us information and force us to reach out to requesting members of the General Assembly to try to get information out of them. And even sometimes that is less than fruitful. So the Employment Security Commission did it did it years ago, and I think some other state agencies learned from that that they can simply stonewall us. DEW has continued to do it since then even though that audit went very poorly for them. We ran into it at -- golly. The list is long but...
CHAIRMAN SENATOR ALEXANDER: Well, just in generalities, what is your position on the --
MR. LAUGHRIDGE: I do think we need the subpoena authority. And I'm not knowledgeable enough to tell you the difference between complete or partial. I'm not sure of the terms that you used. Oversight has subpoena authority, and I believe whatever equivalent subpoena authority they have is what would be useful to us.
SENATOR SCOTT: (Raises hand.)
CHAIRMAN SENATOR ALEXANDER: Yes, sir, Senator from Richland.
SENATOR SCOTT: Thank you. If we grant the subpoena authority, we want to make sure it's not misused in state agencies because sometimes, if things don't go well as your first introduction to an agency, sometimes people tend to get a little upset --
MR. LAUGHRIDGE: Right.
SENATOR SCOTT: -- if the first thing you put on the table is that. So if we look at doing that, there needs to be a process in which the cases -- you get to make the case and the parties involved also get to respond to the case to make sure that we're not abusing that authority in order to get to the fact-finding part of it because in the end, you're still going to have an audit.
MR. LAUGHRIDGE: Yes.
SENATOR SCOTT: If someone found some things then it's going to be told either way. So I'm not -- you know, I want to grant you what you need as a tool, but I want to make sure we don't abuse that tool.
MR. LAUGHRIDGE: Yeah. I would envision that -- well, first of all, you're right. An audit never particularly -- it's never welcome. Nobody wants a phone call from Director Powell.
SENATOR SCOTT: No.
MR. LAUGHRIDGE: In our entry process, we try to explain to the agencies what we're there to do. We're there to answer your questions. We're there at your direction. So we try to ask them, A, don't shoot the messenger, but B, the audits can often be quite a -- they can be a constructive process. They don't have to be a process of coming in there to --
SENATOR SCOTT: So is that preconference you have a letter that you send or a preconference?
MR. LAUGHRIDGE: Well, we send a letter, of course, but then we have an entry conference where we lay out, Here's what we're here to do and here's what you can expect, and try to explain to the agencies, You know, we're not bad guys. This audit can produce helpful information. Unfortunately, oftentimes, there's -- you know, you've requested these audits for a reason, and there's things at the agency that are not going well, either from a policy or performance perspective, so there can often be bad answers that come out of it, so we get the resistance. As it comes to using a subpoena, you know, we would have to establish a procedure for that. I would not imagine the board not being involved in the issuance of a subpoena. I would be upset or disappointed if that procedure were such that staff could just issue one without consulting with the board, and not just consulting, actually having direct approval from the board. Nobody wants to fire off a subpoena.
SENATOR SCOTT: Thank you, sir.
CHAIRMAN SENATOR ALEXANDER: Two questions. Then we can conclude. Under the education bill that we sent yesterday, there is a section that requires -- that would require, if adopted -- the Legislative Audit Council perform a massive audit of the Department of Education and all of its programs by August 1, 2022. Have you all addressed that as to what that potential resource would look or do you all have the staff to do that currently if such a requirement was adopted?
MR. LAUGHRIDGE: Specifically, no, although we've had requests before or standing audit requirements of agencies before. And our approach to that is, How do you eat an elephant? One bite at a time. We would try to define the bites and establish a timeline and a procedure through that. We've done that before. The Department of Education is big. So, as to the staffing requirement, I would have to consult with Director Powell, and I just don't know the answer to that question. But that is a large request. It wouldn't surprise me that if that provision stays in, you might get a phone call from Director Powell about a budget increase.
CHAIRMAN SENATOR ALEXANDER: And one other thing in the staff and doing the requirement of the review of things. There was a couple of items that came up in the report dealing with a tax issue. Are you aware that -- has it been satisfied? Are you aware?
MR. LAUGHRIDGE: I'm sorry. I'm not squaring the question.
CHAIRMAN SENATOR ALEXANDER: Income tax --
MR. LAUGHRIDGE: My income tax?
CHAIRMAN SENATOR ALEXANDER: -- issue. Yes, sir.
MR. LAUGHRIDGE: I had an issue several years ago.
CHAIRMAN SENATOR ALEXANDER: Has it been satisfied?
MR. LAUGHRIDGE: Oh, yeah. Yeah. It has been. Yes.
CHAIRMAN SENATOR ALEXANDER: Okay. I just thought, as a CPA, having that type of issue was kind of --
MR. LAUGHRIDGE: Well, I may have gotten a little more aggressive with the taxing agencies than I should have, but that's been satisfied.
CHAIRMAN SENATOR ALEXANDER: What does that mean?
MR. LAUGHRIDGE: I was in a dispute with them as to the amount of the tax, and I pushed that a little beyond their willingness to wait on it to be resolved.
CHAIRMAN SENATOR ALEXANDER: So --
MR. LAUGHRIDGE: I was fully aware of what was going on.
CHAIRMAN SENATOR ALEXANDER: Okay. So it was resolved.
MR. LAUGHRIDGE: Oh, yes.
CHAIRMAN SENATOR ALEXANDER: Maybe not satisfactorily, but it was resolved.
MR. LAUGHRIDGE: Well, it was resolved by me writing a check. But I came out on the wrong end of that argument.
CHAIRMAN SENATOR ALEXANDER: I understand.
MR. LAUGHRIDGE: But I understood the argument.
SENATOR SCOTT: (Raises hand.)
CHAIRMAN SENATOR ALEXANDER: Yes, sir, Senator.
SENATOR SCOTT: I want to take you back on the Department of Education.
MR. LAUGHRIDGE: Yes, sir.
SENATOR SCOTT: Does it make more sense for your agency maybe to have outside firms assist with its programs, and then you just issue one from the agency side and one from the private sector side? And whether or not the two years is enough time to get all of it done and to get us a report back...
MR. LAUGHRIDGE: Well, two years would be enough time to do it, but the problem will be the opportunity cost for the legislature. In other words, if we get consumed on that for two years, your ability to request additional audits of us is diminished. As to the use of outside agencies, we have Yellow Book standards that may or may not provide for that. The audit standards for government agencies might limit us in our ability to bring in contractors to do that work.
SENATOR SCOTT: So, in essence, you hire some temporary people for two years inside just so you meet the letter of the law.
MR. LAUGHRIDGE: We could potentially staff up on a short-term basis as long as we -- I'd get concerned over some quality control issues, but if we manage that appropriately, we could have some temporary staffing.
SENATOR SCOTT: Thank you, Mr. Chairman.
CHAIRMAN SENATOR ALEXANDER: What is the pleasure of the -- are there any other questions? If not, what is the pleasure of the committee?
SENATOR SCOTT: Favorable report.
CHAIRMAN SENATOR ALEXANDER: I have a motion for a favorable. Do I hear a second?
SENATOR VERDIN: Second.
CHAIRMAN SENATOR ALEXANDER: We have a second. I'll take that immediately to a vote. All in favor of being found qualified, please say aye.
REPRESENTATIVE DILLARD: Aye.
SENATOR SCOTT: Aye.
SENATOR VERDIN: Aye.
CHAIRMAN SENATOR ALEXANDER: Any opposition? It's unanimous. We appreciate you being here with us today and being responsive.
MR. LAUGHRIDGE: Well, thank you for rescheduling. I was out of town previously, so I appreciate your accommodation.
CHAIRMAN SENATOR ALEXANDER: With no other business to come before this screening committee, we'll stand adjourned.

The meeting was adjourned at 9:58 a.m.

***

College and University Trustee
Screening Commission
Report to the General Assembly
January 23, 2020

Coastal Carolina University
At-Large - Seat 8 expires 2021 (one seat)
CANDIDATES FOUND QUALIFIED AND NOMINATED
Jason M. Repak -- Myrtle Beach

Wil Lou Gray Opportunity School
At-Large - expires 2021 (one seat)
CANDIDATES FOUND QUALIFIED AND NOMINATED
Greg Vaughn -- Pendleton

Old Exchange Commission
At-Large - expires 2024 (two seats)
CANDIDATES FOUND QUALIFIED AND NOMINATED
Catherine M. Patterson -- Lexington
J. Tracy Power -- Columbia

State of South Carolina
College and University Trustee
Screening Commission

Date:       Tuesday, December 3, 2019
Time:       1:00 p.m.
Location:     209 Gressette Building

1101 Pendleton Street

Columbia, South Carolina 29201

Reported by: Caroll Anne Boutahar, Certified Verbatim Reporter COMPUSCRIPTS, INC.

Committee Members Present:
Chairman Senator Harvey S. Peeler, Jr.
Representative Gary E. Clary
Representative Sylleste H. Davis
Representative William R. Whitmire
Senator Thomas C. Alexander
Senator John L. Scott
Senator Daniel B. Verdin, III

Also Present:
Martha Casto, Staff
Julie Price, Staff

1:04 p.m.

CHAIRMAN SENATOR PEELER: I'd like to call the meeting to order. This is a meeting of the College and University Trustee Screening Commission. I pray that God continues to bless us all. You're very welcome. You have a copy of the agenda in front of you. First of all, Coastal Carolina University, At Large, Seat 8, expires 2021, Jason M. Repak from Myrtle Beach. Mr. Repak, if you'll come forward. Take a seat, be comfortable, and make sure your green light is burning green.
MR. REPAK: Yes, sir.
CHAIRMAN SENATOR PEELER: If you would, for the record, state your full name.
MR. REPAK: Jason Michael Repak
CHAIRMAN SENATOR PEELER: Mr. Repak, 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. REPAK: Yes, sir.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement on why you'd like to serve on the Coastal Carolina board of trustees?
MR. REPAK: Yes, sir, I would. So Coastal Carolina has played a big part in my life. I grew up in Horry County, and when I was a high school student there, I knew that Coastal Carolina was where I was going to go to school. So as I was getting ready to apply to colleges and universities, I only applied to one, and that was Coastal. And so Coastal has played a major part in shaping my life. I was in the school in the College of Business in a program there called the Wall Fellows, which is a pretty intense, focused program. And I like to say that that program changed the entire trajectory of my life. It put me on a completely different path than I was on. Since then, instead of going into just an employee position in our small family business, I've instead gone on to get a master's degree and work in the corporate world for seven or eight years for Rolls-Royce and then came back and instead of working for, I took over ownership of the family businesses. So as it played so vital a part in my future, I want to play a part in its.
CHAIRMAN SENATOR PEELER: Sounds good. Do the members of the committee have any questions or comments?
REPRESENTATIVE WHITMIRE: I've got one.
CHAIRMAN SENATOR PEELER: Representative Whitmire. REPRESENTATIVE WHITMIRE: Thank you, Mr. Chairman. And welcome, Mr. Repak.
MR. REPAK: Yes, sir.
REPRESENTATIVE WHITMIRE: I looked under where you said CCU's biggest weakness is the ability to attract and retain in-state students. That would seem to me that you wouldn't have any problem getting South Carolinians to want to attend where you're located. What do you attribute that to?
MR. REPAK: Well, so Coastal Carolina has only been an independent school for about 25 years now, which -- "only" is kind of a stretch when you've hit 25 years, but it's still a relatively new standalone university in the state, and because of that, Coastal Carolina doesn't have that legacy of being the home school for a lot of students in Horry County. One of the issues, as well, is, of course, the percentages are a little skewed because Coastal Carolina's tuition was so attractive for a long time that it was very easy to attract out-of-state students because the out-of-state tuition for Coastal Carolina was cheaper than the in-state tuition for a lot of schools in the Northeast. So very easy to attract students from the Northeast to come down to study at the beach. And so that, of course, pulls a lot of out-of-state students in. But as far as in-state students, those numbers have been improving under the leadership of the current board, and so we hope to continue to see those numbers go up. In my opinion, the in-state tuition -- the reason that's a huge weakness is that Coastal Carolina is one of the, if not the, largest employer in Horry County, and it has a huge economic impact in our area, but if we're only getting out-of-state students to come, then half of the brain trust that we're bringing on through that university is moving back out of state, and we need to keep that educated workforce in our area for economic development purposes in the future.
REPRESENTATIVE WHITMIRE: What do you consider a good ratio, in-state to out-of-state?
MR. REPAK: I would like to see that ratio closer to 70/30 just as a general principle. The out-of-state students do help because their higher tuition rates helps subsidize the in-state tuition rates. It helps us the higher percentages help us keep in-state tuition rates low, which can been seen in the fact that Coastal's tuition rates are I believe it's almost ten percent lower than the in-state average for South Carolina. So we don't want to completely eliminate out-of-state students, but it would be nicer to see about a 70/30 split.
REPRESENTATIVE WHITMIRE: It seems this has been a discussion we've had over the years about our state colleges and universities attracting enough in-state students because you're right if you're coming from out of state, the odds on you going back to where you came from or some other place instead of staying in South Carolina is probably much greater. And so that's been kind of a recurring theme over the years. And I know I live up near Clemson, and it sure seems to me like they have a lot of out-of-state students and out-of-country students too. So, anyway, thank you. Thank you for your willingness to serve.
MR. REPAK: Yes, sir. Thank you.
SENATOR ALEXANDER: (Raises hand.)
CHAIRMAN SENATOR PEELER: Senator Alexander.
SENATOR ALEXANDER: Thank you, Mr. Chairman. And good afternoon. Thank you for your willingness to serve. A couple of things here. Following up on that note, of the in-state students, are you aware, does Coastal Carolina virtually accept any student that applies and meets their criteria that's in state?
MR. REPAK: So Coastal Carolina, they have the objective the board has kind of set out an objective that any qualified student that applies in South Carolina is to be granted admission. Right. And so we want to be able to admit students from in state. I would love to tell you that our application pool is higher, that the selection rates are lower, because there's a lot of incentives or rankings that go along with that, but the reality is, in-state students, if they are qualified to be admitted to Coastal, they are issued admittance.
SENATOR ALEXANDER: Okay. And just briefly, if you would, I see here it says, Way to attract students. Currently at 10,600. We want to grow two-and-a-half to three percent to reach 12,500 by 2023. Why is that if you are needing to increase your number of in-state students, why do you want to continue to grow from 10,600 to 12,500?
MR. REPAK: So that's just part of the stated strategic plan for the university that's been in place for the last five years. They're actually going to be coming up on a new strategic planning cycle very soon. But the reason they're forecasting anticipating that growth as part of a strategic objective is because the population of Horry County in total is going to be increasing that much over the next five years. The imagined 2040 plan that's just been forward and I believe will be approved next actually, later this month -- excuse me -- in December has a forecasted growth of Horry County hitting 600,000 people in 2040. And so that's almost doubling the population of the area. So part of the strategic objectives is recognizing that natural growth of our area will lead to the growth of the university as well, and that will lead to that growth, to 12,500.
SENATOR ALEXANDER: Thank you.
MR. REPAK: Yes, sir.
SENATOR SCOTT: (Raises hand.)
CHAIRMAN SENATOR PEELER: Senator Scott has a question.
SENATOR SCOTT: Thank you, Mr. Chairman and members of the committee. And I think you're right on top of the growth population of the area. How many of your students actually come out of your region, from that area? Because that's -- in looking at some of the other schools -- Francis Marion is an example -- they're moving more to a regional concept. And I think Landrum in Greenwood's doing the same thing with actually creating more students within that region, using that as the potential growth that's going to take place.
MR. REPAK: Yes, sir. I don't have that direct information as far as students in the region. I can tell you from the in-state students that do come to Coastal Carolina -- I do have a lot of involvement on campus today, and I can tell you that the in-state students, a very large portion of them are local to that region. But, of course, I don't have that --
SENATOR SCOTT: Yeah. You --
MR. REPAK: I'd be happy to ask and get back to you, though.
SENATOR SCOTT: You may have given your percentages before I walked in. What are your percentage of in-state versus out-of-state? Is it 65/45?
MR. REPAK: It's 50/50.
SENATOR SCOTT: 50/50.
MR. REPAK: I think it's actually 49/51 in-state/out-of-state.
SENATOR SCOTT: What about your diversity numbers?
MR. REPAK: Diversity numbers are very good. So Coastal ranks -- College Factual is a college selection service that pulls a lot of data together, and they pull data on over 2,000 -- I think it's 2400 institutions across the country. They have Coastal Carolina ranked in the top ten percent for diversity metrics in all of their measured institutions.
SENATOR SCOTT: Is that students? Students/staff?
MR. REPAK: That's across the board. And it goes from diversity in ethnicity, age, nationality, gender, and it also goes, I believe, to students and faculty.
SENATOR SCOTT: I know you all were having a lot of conversations in the last three or four years about growth and development, buildings, your capital needs, and things of that nature.
MR. REPAK: Yes, sir.
SENATOR SCOTT: When you're looking to grow 2,000 or 1900 more students, tell me what you're doing to meet the capital needs, or is it because more and more, that cost students is being added for the students to go to school? Have you all figured out another way to pay for this capital? I know you all have been before the higher ed subcommittee asking for money for capital. And so if you're going to grow that much, tell me what the plans are of the capital needs so you can not only fix the old buildings but also provide the dormitory space you're going to need.
MR. REPAK: Yes, sir. That's actually a fantastic question. So Horry County is taking a position to support Coastal Carolina, especially because it's such a large employer and economic driver in the area. So the voters of Horry County voted for a one-percent sales tax that directly benefits education in our area. And I believe the university and the technical college in our area get about half of it. And I would have to look in and get back to you with that number.
SENATOR SCOTT: So it would give you the flexibility --
MR. REPAK: Yes, sir. So -- well, flexibility in the sense that it's used specifically for the growth and development of the campus. So it can only be used on academic buildings. It can't be used for athletic expenditures or --
SENATOR SCOTT: So it meets the capital requirements.
MR. REPAK: -- events or things like that. But -- yes. So the capital expenditures, a large portion get funded by a county sales tax initiative that was voted on by the voters there.
SENATOR SCOTT: Well, let me say this to you. I really appreciate you knowing and understanding, having the knowledge of what's going on the campus. Thank you for answering my questions.
MR. REPAK: Yes, sir. Thank you.
REPRESENTATIVE CLARY: (Raises hand.)
CHAIRMAN SENATOR PEELER: Representative Clary.
REPRESENTATIVE CLARY: Thank you very much, Mr. Chairman. In following up on Representative Whitmire's question when he pointed out as Coastal's biggest weakness the ability to attract and retain in-state students, I understand the part about attracting in-state students. What's the issue with retaining those students? Is it an academic issue. Are they transferring elsewhere? Tell me about that.
MR. REPAK: So, also a great question. The numbers have done great as far as improving retention at Coastal over the last five or ten years, certainly since I've been a student there. But I believe now the retention rate sits around 68 percent, and I think national average or in-state average is closer to 73 or 74 percent. So, obviously, we'd like to see the retention rates at Coastal stay up. I don't think that we're seeing as many transfers out as we used to, and I think that's what is improving that number. As there's been more activity around campus to develop activities for students to do outside of the classroom and create a more cohesive environment for students to have activities and an environment that they want to be in, we're seen less and less students transfer out. As far as those that are not returning academically, what you're seeing is a lot of those out-of-state students, they get homesick and don't make it on to their sophomore year. So there is some improvement work still to be done there, but I'm happy to say that those numbers have come up quite a bit in the last ten or 15 years.
REPRESENTATIVE CLARY: And in looking at the current 10,600 students, how many of them are residents on campus? What kind of on-campus housing ratio do you have?
MR. REPAK: So it's a little tough for me to know that. I'm not privy to that data offhand. But what I can tell you is there's been a number of dormitories added on to Coastal, and then there are also private dormitories or, you know, apartment complexes that have all been built right across the street from campus.
REPRESENTATIVE CLARY: You don't have to tell me anything about apartment complexes. I come from a place where we have plenty of them.
MR. REPAK: Yeah. So they're building up a ton of housing for those students.
REPRESENTATIVE CLARY: Thank you very much.
REPRESENTATIVE DAVIS: (Raises hand.)
CHAIRMAN SENATOR PEELER: Representative Davis.
REPRESENTATIVE DAVIS: Thank you, Mr. Chairman. Thank you for being with us today, and thank you for your willingness to serve. I was wondering, based on your experience with Rolls-Royce?
MR. REPAK: Yes, ma'am.
REPRESENTATIVE DAVIS: I believe -- I'm assuming that that's financial experience.
MR. REPAK: More or less. I was a finance manager and a finance analyst in a capital expenditure project and in an operational environment as well.
REPRESENTATIVE DAVIS: Okay. I'm wondering, going into the future, say in the next ten to 20 years, what do you think is the biggest challenge for Coastal? And is it a financial challenge or is it something else? And how would you plan to address that challenge?
MR. REPAK: So I think the biggest challenge for Coastal is not only producing high-quality students that are going off to be employed but it's also the environment that they're in and finding employment for those students. And I think the reason that's a really big challenge for Coastal in the next 15 to 20 years is because the county -- and we talked earlier about the economic development as associated with growing the student body and in-state enrollment -- we want to see economic development in the area. But we're limited in the economic development that we can get in the area. Unfortunately, we've just hit some major roadblocks there with I-73, and I think that could have been a major economic driver in our area that could have led employers to locate in the area and, therefore, our students would have employment opportunities in that area so we can attract more in-state students. So I think economic development in our area where those students can find a place to work and live where they went to school is going to be a major challenge in the next 15 to 20 years if they can't find a way to get I-73 back on track.
REPRESENTATIVE DAVIS: All right. Thank you.
MR. REPAK: Thank you.
CHAIRMAN SENATOR PEELER: Anyone else? What's the desire of the committee?
REPRESENTATIVE WHITMIRE: Favorable.
SENATOR SCOTT: Second.
CHAIRMAN SENATOR PEELER: Motion is favorable and seconded. Any other discussion? Hearing none, we'll take it to a vote. All in favor, raise your right hand. Unanimous. Thank you, sir. It's obvious you've done your homework and you're well prepared. I look forward to you serving on the board of trustees at Coastal.
MR. REPAK: Yes, sir. Thank you very much. You all have a great day.
CHAIRMAN SENATOR PEELER: Next we'll go to Wil Lou Gray Opportunity School, one at-large seat, expires 2021. Mr. Greg Vaughn from Pendleton. Good afternoon, sir.
MR. VAUGHN: Hello. How are you doing?
CHAIRMAN SENATOR PEELER: For the record, if you would, give us your full name.
MR. VAUGHN: Gregory Martin Vaughn.
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. VAUGHN: Yes, sir, I do.
CHAIRMAN SENATOR PEELER: Mr. Vaughn, would you like to make a brief statement?
MR. VAUGHN: Briefly, yes. The education and development of our youth is very important to me. I feel that, regardless of the circumstances, everyone should have the opportunity to grow to their fullest potential and experience success. And Wil Lou Gray offers that opportunity to students in the state, which I think now is more important than ever with the challenges that students face, in that the normal situation of education does not fit everybody. So saying that, I appreciate your time and consideration for an opportunity to serve as a member of the board of trustees at Wil Lou Gray Opportunity School, and I thank you.
CHAIRMAN SENATOR PEELER: Thank you. Questions or comments?
SENATOR SCOTT: (Raises hand.)
CHAIRMAN SENATOR PEELER: Senator Scott.
SENATOR SCOTT: Yes, sir. Thank you.
Would you expand upon -- when you answered your question, ways to improve the school -- mental health department. Do you want to talk a little bit about what you may have observed and what you think -- it says, Expand the mental health department. This issue is more prevalent than ever before.
MR. VAUGHN: In speaking with Director Smith while I was down there last time, we talked to one of the people that's in charge of that. And it seems not only at the school but just in general, kids have more emotional problems now than they have before, whether driven by home or the situations at school. And just having more help directed specifically towards them in that situation should help them be able to handle the whole experience of school and life better. In normal schools, I know they have counselors and things like that, but a lot of them are more concerned with their educational advancement as opposed to their emotional stability. And I just feel like a lot of the students here probably have some emotional problems that have caused them to be in the situation they're in at that point. So expanding that in this situation I think would really help all the students.
CHAIRMAN SENATOR PEELER: Anyone else?
SENATOR ALEXANDER: Move favorable.
CHAIRMAN SENATOR PEELER: Motion is a favorable report. Is there a second?
REPRESENTATIVE WHITMIRE: Second.
CHAIRMAN SENATOR PEELER: Any other discussion? Hearing none, we'll take it to a vote. All in favor, raise your right hand. Unanimous. Thank you, sir. We appreciate your willingness to serve.
MR. VAUGHN: Thank you.
CHAIRMAN SENATOR PEELER: Now we move to the Old Exchange Building Commission. We have two at-large seats. Expires 2024. First, Catherine M. Patterson from Lexington.
MS. CASTO: Mr. Chairman, these two just came before this committee in January of this year to fill unexpired terms, so they are going for a full four-year term this time around. So there was no significant change in their paperwork, but now they have a year of experience under their belt.
CHAIRMAN SENATOR PEELER: And you still want to do it. That's great.
MS. PATTERSON: I still want to do it.
CHAIRMAN SENATOR PEELER: Okay. For the record, if you would, give us your full name.
MS. PATTERSON: I'm Catherine Moody Patterson.
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?
MS. PATTERSON: I do.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement?
MS. PATTERSON: Yes. I am looking forward to a full term. I've enjoyed this past year being on the commission. It was a switch for me because previously, all my years working for the City of Charleston, I was on the management side, managing that building and the employees. And it's quite an honor to be associated with it, with the building and the people who work there and what it means to us and what it means to the State of South Carolina. So I'd be very honored to be able to fulfill a full term and continue working toward the good of that building.
CHAIRMAN SENATOR PEELER: Thank you very much. Questions? Comments?
REPRESENTATIVE WHITMIRE: (Raises hand.)
CHAIRMAN SENATOR PEELER: Representative Whitmire.
REPRESENTATIVE WHITMIRE: Thank you, Mr. Chairman. I've always wanted to ask this of the people going for the commission. Tell me a little bit about the Exchange Building and the commission. What's your purpose and what's the purpose of the building?
MS. PATTERSON: Well, the building was built in 1771. And it was the Exchange. It was the hub of shipping and commerce in Charleston and in that area.
REPRESENTATIVE WHITMIRE: Is that the building at the end of Broad Street?
MS. PATTERSON: At the very end of Broad. And, of course, back then the water came up to the back. I mean, now it doesn't. It's all been landfilled. But -- so it was a very integral part of the Revolutionary War. The British had it and they threw American people in the dungeon, in the Provost Dungeon. And so it's always been a major historical unit in Charleston and for our freedom, our democracy. And the Declaration of Independence was read from the front porch back in -- I think it was 1788 when they finally read it. So it's a major part of not only Charleston but for our state. And I have worked for the City of Charleston. The City of Charleston manages the building for the state and for the DAR, the Daughters of the American Revolution.
REPRESENTATIVE WHITMIRE: Who owns the building?
MS. PATTERSON: The State of South Carolina and the Daughters of the American Revolution.
REPRESENTATIVE WHITMIRE: Okay.
MS. PATTERSON: And the Daughters are the trustees. And 1989, the building had gone down in deep disrepair. And Mayor Riley stepped in and wanted -- and offered the City to manage it, to get it back to what it should be. And that's when -- I wasn't with the City then but it came under my department in 2003. And the commission was set by the State. The State has a 100-year lease on the building. We were in the second 25 years of that 100-year lease. And the Daughters are trustees, and we work with the Daughters and with the State to manage it. And it operates in the black, and we service many thousands of visitors, tourists, locals every year with just historic tours, events, that sort of thing. So it's a major icon.
REPRESENTATIVE WHITMIRE: I think I had a relative in that jail at one time.
MS. PATTERSON: You might. I think we might all have.
REPRESENTATIVE WHITMIRE: I mean, back in the 1700's. Thank you.
SENATOR SCOTT: Favorable report.
CHAIRMAN SENATOR PEELER: Motion is a favorable report. Second?
REPRESENTATIVE DAVIS: Second.
CHAIRMAN SENATOR PEELER: Any discussion? Hearing none, we'll take it to a vote. All in favor, raise your right hand. Unanimous. Thank you, ma'am.
MS. PATTERSON: Thank you.
CHAIRMAN SENATOR PEELER: We appreciate your willingness to serve. Next, J. Tracy Power from Columbia. Mr. Power, for the record, give us your full name.
DR. POWER: James Tracy Power.
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?
DR. POWER: I do.
CHAIRMAN SENATOR PEELER: Would you like to make a brief statement?
DR. POWER: Yes. I have been honored and delighted to serve on the commission this past year. I am especially delighted that I can give back to the State of South Carolina that gave so much to me. This is my adopted state. And for 28 years, I was a historian in the State Historic Preservation Office at the Department of Archives and History in Columbia. Since 2014, I have been a professor of history and archivist at Newberry College. But the chance to do something for the State of South Carolina on the state level was something very attractive. And I have learned a great deal this year. I have enjoyed my work on the commission and would love the chance to continue.
CHAIRMAN SENATOR PEELER: Thank you. Questions or comments? Hearing none, what's the desire?
SENATOR SCOTT: Favorable report.
CHAIRMAN SENATOR PEELER: Favorable report. Second?
REPRESENTATIVE DAVIS: Second.
CHAIRMAN SENATOR PEELER: Any further discussion? Hearing none, we'll take it to a vote. All in favor, raise your right hand. Unanimous. Thank you, sir.
DR. POWER: Thank you.
SENATOR SCOTT: Dr. Power, they tell me if you have a lot of money, you don't need credit.
SENATOR ALEXANDER: That's not the case, speaking from experience.
CHAIRMAN SENATOR PEELER: It takes one to know one. If there's no other business, we'll stand adjourned. Thank you. (The meeting was adjourned at 1:30 p.m.)

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Motion Adopted

On motion of Senator MASSEY, the Senate agreed to stand adjourned.

ADJOURNMENT

At 2:19 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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